Deficiencies and other contraventions
 3. (1) Subject to subsection (2), in response to finding a deficiency during an inspection at a municipal residential drinking water system, the Director shall ensure that a mandatory action is taken by the Ministry within 14 days, unless the deficiency, in the opinion of the Director, represents an existing drinking water health hazard, in which case the Director shall ensure that a mandatory action is taken by the Ministry immediately.  O. Reg. 242/05, s. 3 (1). (2) If the Minister issues an order under section 108 of the Act with respect to a deficiency, the Director is not required to ensure that a mandatory action is taken.  O. Reg. 242/05, s. 3 (2). (3) In response to finding at a municipal residential drinking water system a contravention, other than a deficiency, with respect to any requirement under the Act or an approval, licence, permit or order, the Director or provincial officer shall consider the following factors in determining whether to take mandatory action: 1. The known, anticipated or potential health consequences of the contravention. 2. The known, anticipated or potential environmental consequences of the contravention. 3. Whether the contravention is ongoing. 4. Whether any person responsible for the contravention hindered or obstructed or provided false or misleading information to a provincial officer or Ministry employee. 5. The compliance history of any person responsible for the contravention, including, i. previous convictions, and ii. previous contraventions.  O. Reg. 242/05, s. 3 (3). (4) If a provincial officer’s order or Director’s order is issued with respect to a deficiency, the order shall include a requirement for the person to submit a compliance report no later than 60 days following the receipt of the order outlining how the owner has complied or is complying with the requirements of the order.  O. Reg. 242/05, s. 3 (4). (5) If a provincial officer’s order or Director’s order is issued with respect to a deficiency, and the order requires the person to install or alter any equipment to comply with Schedule 1, 2, 7, 8 or 9 to Ontario Regulation 170/03 (Drinking Water Systems) made under the Act, the order shall include a requirement that the person submit a report in which a professional engineer certifies that he or she has visited the drinking water system and that, in his or her opinion, all equipment required in order to comply with the order is being provided.  O. Reg. 242/05, s. 3 (5). (6) A deficiency with a municipal residential drinking water system is prescribed for the purposes of section 103 of the Act.  O. Reg. 242/05, s. 3 (6). (7) For the purposes of this section, “mandatory action” includes, (a) issuing or amending a provincial officer’s order under section 105 or 106 of the Act, (b) issuing or amending a Director’s order under section 109, 111, 112 or 114 of the Act, (c) issuing or amending a Director’s notice under section 110 or 113 of the Act, (d) issuing a certificate of offence and an offence notice or summons under Part I of the Provincial Offences Act, (e) referring the matter to the enforcement branch, and (f) taking any other action that imposes a legal requirement on a person in response to the deficiency.  O. Reg. 242/05, s. 3 (7). Part III   LABORATORIES