Sampling and Analysis
7. (1) The owner of a water treatment or distribution system shall ensure that water sampling and analysis is carried out in accordance with, (a) Schedule 2 (Sampling and Analysis Requirements); and (b) any additional requirements of an approval or an order or direction under the Act. O. Reg. 459/00, s. 7 (1). (2) Subsection (1) prevails over an approval granted before August 1, 2000 that provides for less stringent sampling or analysis. O. Reg. 459/00, s. 7 (2). (3) If analysis of a water sample for a parameter is required by subsection (1), the owner of the system shall ensure that the analysis is carried out by an accredited laboratory for that parameter. O. Reg. 459/00, s. 7 (3). (4) Subsection (3) does not apply to, (a) analysis that is carried out by continuous monitoring equipment that forms part of the water treatment or distribution system; (b) analysis that is carried out in accordance with an approval, order or direction referred to in clause (1) (b), if the analysis is for a parameter that is not mentioned in Table A (Microbiological) of Schedule 2 (Sampling and Analysis Requirements), Schedule 4 (Chemical/Physical Standards) or Schedule 5 (Radiological Standards) and, (i) the parameter is not identified in the approval, order or direction as a health-related parameter, or (ii) the parameter is identified in the approval, order or direction as a health-related parameter and the analysis is carried out by a Ministry of the Environment laboratory or by a laboratory that, in the Director’s opinion, is proficient in carrying out analyses for that parameter; or (c) analysis for a parameter listed in Schedule 3 (Operational Parameters), if the analysis is carried out in the water treatment or distribution system by, (i) the holder of a Class I, Class II, Class III or Class IV water treatment licence or water distribution licence issued under Ontario Regulation 435/93, or (ii) a person who, (A) has at least one year of experience working in a laboratory in a water treatment or distribution system or in a laboratory that, in the Director’s opinion, is similar to a laboratory in a water treatment or distribution system, and (B) has passed, in the preceding 36 months, an examination approved by the Director that relates to water quality analysis in water treatment or distribution systems or, in the Director’s opinion, has education, training or experience indicating that the person has the skills tested by the examination. O. Reg. 459/00, s. 7 (4). (5) If analysis of a water sample for a parameter is required by subsection (1) and the analysis will be carried out by a laboratory, the owner of the water treatment or distribution system shall ensure that written notice of the identity of the laboratory is delivered to the Director at least three working days before the sample is analyzed, unless the Director has previously been notified under this subsection that a water sample from the water treatment or distribution system will be analyzed for that parameter by that laboratory. O. Reg. 459/00, s. 7 (5). (6) If analysis of a water sample for a parameter is required by an approval, order or direction referred to in clause (1) (b), the parameter is not mentioned in Table A of Schedule 2, Schedule 4 or Schedule 5, and the parameter is identified in the approval, order or direction as a health-related parameter, the owner of the water treatment or distribution system shall ensure that the laboratory that carries out the analysis is informed, when the sample is sent to the laboratory, of the maximum concentration set out for the parameter in the approval, order or direction. O. Reg. 459/00, s. 7 (6). (7) If subsection (3) applies to the analysis of a water sample for a parameter, the owner of the water treatment or distribution system shall ensure that an accredited laboratory to which the sample is given for analysis does not subcontract the analysis unless, (a) the owner consents; and (b) the person who carries out the analysis is an accredited laboratory for the parameter. O. Reg. 459/00, s. 7 (7). (8) If subsection (3) applies to the analysis of a water sample for a parameter, the owner of the water treatment or distribution system shall not use a laboratory located outside Ontario unless, (a) the laboratory is an accredited laboratory for that parameter; (b) the laboratory is provided with a copy of this Regulation and the Ontario Drinking Water Standards; and (c) the laboratory agrees to comply with the notification requirements of, (i) section 8, and (ii) subsection (10) of this section. O. Reg. 459/00, s. 7 (8). (9) Despite subsection (5), the notice required by that subsection may be given at any time before the analysis is carried out or within 24 hours after the analysis is carried out, if the analysis is carried out before September 5, 2000. O. Reg. 459/00, s. 7 (9). (10) Every laboratory that carries out an analysis of a water sample under subsection (3) shall submit a report on the results of the analysis to the Director at the same time as the report is sent to the owner. O. Reg. 459/00, s. 7 (10). Notice to Medical Officer of Health and to Ministry