Emergency situations, operators etc.
 33. (1) Subject to subsections (2), (3) and (4), if the circumstances described in clauses 32 (1) (a) or (b) exist, despite paragraphs 3 and 5 of subsection 11 (1) of the Act and subsection 12 (1) of the Act, the owner or operating authority of a subsystem may employ the following persons, even if they do not hold an operator’s certificate applicable to that type of subsystem, to temporarily operate the subsystem or be designated as overall responsible operator or as an operator-in-charge: 1.  A licensed engineering practitioner. 2.  A person who, at any time in the previous 60 months, held an operator’s certificate for the applicable type of subsystem, if the certificate has not been revoked or suspended at any time. 3.  A certified engineering technician or certified engineering technologist under the Ontario Association of Certified Engineering Technicians and Technologists Act, 1998 who, i.  has at least three years of experience working in the same type of subsystem, and ii.  has been trained by a certified operator or a person described in paragraph 2 on the operating duties to be performed. 4.  A person who is employed as a manager of one or more subsystems, as long as the person, i.  has at least five years of experience working in the type of subsystem to be operated, ii.  directly manages or supervises certified operators, iii.  only operates a subsystem or subsystems at which the person is employed, and iv.  has been trained by a certified operator or a person described in paragraph 2 on the operating duties to be performed. 5.  Any person currently employed in a subsystem, as long as the person, i.  has at least five years of experience working in the same type of subsystem, ii.  is responsible for performing maintenance on subsystem equipment used to treat water or to adjust or direct the flow, pressure or quality of water within the subsystem, or is responsible for providing technical support relating to the operation of the subsystem as a millwright, electrician, instrumentation technician, laboratory technician, maintenance mechanic, process control technician or water quality analyst, or an equivalent position, iii.  only operates the type of subsystem at which the person is employed, and iv.  has been trained by a certified operator or a person described in paragraph 2 on the operating duties to be performed. O. Reg. 819/21, s. 4. (2) Only the following persons may perform operator-in-charge or overall responsible operator responsibilities and duties as set out in sections 23, 25 and 26: 1.  A person described in paragraph 1 of subsection (1). 2.  A person described in paragraph 2 of subsection (1), where the certificate that the person previously held was of the appropriate type and class for operator-in-charge or overall responsible operator designation as set out in sections 23 and 25. O. Reg. 819/21, s. 4. (3) An owner or operating authority of a subsystem may employ persons listed in subsection (1) only if it has reasonable grounds for believing that, (a)  there is an existing or impending critical shortage of certified operators in the subsystem; and (b)  the use of non-certified persons is necessary to ensure the safe and efficient operation of the subsystem and the continued provision of safe drinking water. O. Reg. 819/21, s. 4. (4) No person described in subsection (1) shall operate a subsystem if the person is the holder of any certificate that has been revoked or is suspended, or of any wastewater operator’s licence issued under Ontario Regulation 129/04 (Licensing of Sewage Works Operators) made under the Ontario Water Resources Act that has been cancelled or suspended. O. Reg. 819/21, s. 4. (5) Within seven days of employing the first of one or more persons described in subsection (1), the owner or operating authority of the subsystem shall submit in writing to the Director, in the manner and form approved by the Director, information about the circumstances leading to the person’s or persons’ employment in the subsystem. O. Reg. 819/21, s. 4. (6) An owner or operating authority that employs a person under subsection (1) shall provide a written report to the Director within 90 days of the end of the circumstances described in clause 32 (1) (a) or (b) that includes the following information in respect of each person: 1.  Name. 2.  Details showing how the person satisfied the criteria set out in the paragraph of subsection (1) under which the person was temporarily employed to operate the subsystem. 3.  Position held while employed to operate the subsystem. 4.  Summary of operating duties performed. 5.  Time spent operating the subsystem, including dates and shift number or designation. 6.  Whether the person performed operator-in-charge or overall responsible operator responsibilities and duties. 7.  Where applicable, time spent performing the responsibilities and duties of an operator-in-charge or overall responsible operator, including dates and shift number or designation. 8.  Reasons why employing the person to operate the subsystem was necessary to ensure the safe and efficient operation of the subsystem and the continued provision of safe drinking water. O. Reg. 819/21, s. 4. (7) The owner or operating authority shall ensure that records included in the report described in subsection (6) are maintained for at least five years in accordance with section 27. O. Reg. 819/21, s. 4.