jswizzle3737/ontario_laws_and_regs huggingface dataset:
1.0.1 Sections 36 to 50 of the Act and this Regulation do not apply to any of the following that is a well: 1. A pond. 2. A reservoir. 3. A lagoon. 4. An artificial wetland. 5. A canal. 6. A trench. 7. A tile drain. 8. A wick drain. 9. A ditch.  O. Reg. 372/07, s. 2.
1.0.2 Sections 36 to 50 of the Act and this Regulation do not apply to any of the following activities that are part of the construction of a well: 1. Inspecting the well using equipment that is not left unattended in the well. 2. Monitoring, sampling or testing the well using equipment that, i. is not used to test the yield of the well or the aquifer, and is not left unattended in the well, or ii. is not used to test the yield of the well or the aquifer, and was previously installed in the well. 3. Installing equipment for monitoring, sampling or testing a test hole or dewatering well, unless, i. the installation of the equipment involves an alteration of the well, other than notching the top of the casing, or ii. the equipment is used to test the yield of the well or the aquifer.  O. Reg. 372/07, s. 2.
1.0.3 Section 43 of the Act does not apply to the following persons when they do anything referred to in paragraph 5 of subsection 5 (1) for a person who holds a well contractor licence: 1. Persons who hold a licence, limited licence or temporary licence under the Professional Engineers Act. 2. Persons who hold a certificate of registration under the Professional Geoscientists Act, 2000 and who are practising members, temporary members or limited members of the Association of Professional Geoscientists of Ontario. 3. Persons who are registered under subsection 8 (2) of the Ontario Association of Certified Engineering Technicians and Technologists Act, 1998, being chapter Pr7, and who are ordinary members of the Association continued under that Act.  O. Reg. 372/07, s. 2. Shallow Works
1.1 (1) A test hole or dewatering well that is made to a depth of not more than 3.0 metres below the ground surface is exempt from sections 36 to 50 of the Act and from this Regulation, unless, (a) it is constructed in a contaminated area; (b) it is constructed in an area with conditions likely to result in flowing wells; or (c) it penetrates through a formation that is not an aquifer.  O. Reg. 128/03, s. 2. (2) Despite subsection (1), a person who constructs a test hole or dewatering well described in that subsection shall ensure that, (a) the major horizons of soil are excavated separately, stored separately, kept free from contamination and, when the test hole or dewatering well is no longer being used or maintained for future use as a well, backfilled in the same relative positions that they originally occupied; or (b) when the test hole or dewatering well is no longer being used or maintained for future use as a well, it is backfilled with commercially produced dry bentonite sealing material or other suitable sealant, or with clean, uncontaminated soil that has a grain size that is the same as or finer than the soil that was originally excavated.  O. Reg. 372/07, s. 3 (1). (3) If it becomes apparent during construction, use or abandonment of a test hole or dewatering well that subsection (1) does not apply, the person who caused it to be constructed shall, unless subsection (4) applies, retain the services of the holder of a well contractor licence.  O. Reg. 128/03, s. 2. (4) The well owner shall retain the services of the holder of a well contractor licence if, (a) the structural stage of a test hole or dewatering well is complete; (b) the well owner has assumed control over the operation of the test hole or dewatering well; and (c) it becomes apparent during use or abandonment of the test hole or dewatering well that subsection (1) does not apply.  O. Reg. 372/07, s. 3 (2). (5) The holder of a well contractor licence who is retained under subsection (3) or (4) shall ensure compliance with the Act, this Regulation and the Environmental Protection Act.  O. Reg. 128/03, s. 2. (6) Subsections (3) and (4) do not apply if the person who would otherwise be required to retain the services of the holder of a well contractor licence has an employee who is the holder of a well technician licence and who ensures compliance with the Act, this Regulation and the Environmental Protection Act.  O. Reg. 128/03, s. 2. Well Contractor Licence
2. (1) An application for issuance of a well contractor licence shall be on a form supplied by the Ministry and shall be submitted along with the required fee.  O. Reg. 128/03, s. 3. (2) An application for renewal of a well contractor licence shall be on a form supplied by the Ministry and shall be submitted along with the required fee.  O. Reg. 128/03, s. 3. (3) If the applicant is a corporation or partnership, the application shall be completed and signed by the official representatives referred to in paragraph 1 of section 4.  O. Reg. 128/03, s. 3.
3. (1) It is a requirement that an applicant for a well contractor licence or renewal thereof or, where the applicant is a partnership or a corporation, a partner or director thereof, be eighteen years of age or older.  R.R.O. 1990, Reg. 903, s. 3 (1). (2) An applicant for a well contractor licence or renewal thereof shall submit such information and material as the Director may reasonably require to satisfy the Director as to the character, qualifications and financial responsibility of the applicant or its directors and officers.  R.R.O. 1990, Reg. 903, s. 3 (2). (3) Every holder of a well contractor licence shall notify the Director in writing of any change in the information submitted under section 2 or subsection (2) within 10 days after the date of the change.  O. Reg. 128/03, s. 4.
4. The following are prescribed as conditions attaching to every well contractor licence: 1. If the licensee is a corporation or partnership, it shall ensure that, i. at least one director, officer or partner is designated as the official representative of the licensee at all times, and ii. the official representatives have been assigned the responsibility of ensuring that the Act and this Regulation are complied with. 2. The licensee shall maintain third party general liability insurance, including bodily injury, personal injury, property damage and products and completed operations, with a limit per occurrence of not less than $2,000,000 and an annual aggregate limit of not less than $5,000,000. 3. The licensee shall not do work or cause any work to be done with respect to the construction of wells except by or under the supervision of, i. the licensee, if the licensee is also the holder of a well technician licence acting within the authority granted by his or her well technician licence, ii. a partner of the licensee, if the licensee is a partnership and the partner is the holder of a well technician licence acting within the authority granted by his or her well technician licence, iii. an officer or director of the licensee, if the licensee is a corporation and the officer or director is the holder of a well technician licence acting within the authority granted by his or her well technician licence, iv. an employee or agent of the licensee, if the employee or agent is the holder of a well technician licence acting within the authority granted by his or her well technician licence, or v. if the work only involves things referred to in paragraph 5 of subsection 5 (1), a person referred to in paragraph 1, 2 or 3 of section 1.0.3. 4.  Revoked:  O. Reg. 128/03, s. 5 (2). 5. The licensee shall comply and shall ensure that employees and agents comply with the requirements of the Act and this Regulation.  R.R.O. 1990, Reg. 903, s. 4; O. Reg. 128/03, s. 5; O. Reg. 372/07, s. 4; O. Reg. 461/19, s. 2. Well Technician Licence
5. (1) The following classes of well technician licence are prescribed: 1. Well Drilling being a licence authorizing the holder to construct and supervise the construction of wells by means of well drilling equipment including, i. rotary drilling equipment (standard, reverse, air, mud and air percussion), ii. cable tool (churn and percussion), and iii. diamond drilling equipment. 2. Well Digging and Boring being a licence authorizing the holder to construct and supervise the construction of wells by means of digging with non-powered equipment or with a back-hoe or power shovel and by means of boring or augering equipment. 3. Other Well Construction being a licence authorizing the holder to construct and supervise the construction of wells, or a type of well described in the licence, by only the methods or equipment specified in the licence. 4. Pump Installation being a licence authorizing the holder to install and supervise the installation of pumps in or connected to wells. 5. Monitoring, Sampling, Testing and Non-Powered Construction being a licence authorizing the holder to, i. install and supervise the installation of monitoring, sampling or testing equipment in a well, other than equipment used to test the yield of the well or the aquifer, ii. install and supervise the installation of pumps in a test hole or dewatering well for monitoring, sampling or testing purposes, iii. construct and supervise the construction of test holes and dewatering wells by any method that does not use powered equipment.  R.R.O. 1990, Reg. 903, s. 5 (1); O. Reg. 128/03, s. 6 (1); O. Reg. 372/07, s. 5 (1, 2). (1.1) A licence described in paragraph 1 or 2 of subsection (1), (a) does not authorize the holder to do anything referred to in paragraph 4 or subparagraph 5 i or ii of subsection (1); and (b) authorizes the holder to do anything referred to in subparagraph 5 iii of subsection (1).  O. Reg. 372/07, s. 5 (3). (1.2) A licence described in paragraph 3 of subsection (1) only authorizes the holder to do what is specified in the licence.  O. Reg. 372/07, s. 5 (3). (1.3) A licence described in paragraph 4 of subsection (1) authorizes the holder to do anything referred to in subparagraphs 5 i and ii of subsection (1).  O. Reg. 372/07, s. 5 (3). (2) An application for a well technician licence shall be on a form supplied by the Ministry and shall be submitted along with the required fee.  O. Reg. 128/03, s. 6 (2). (3) An application for renewal of a well technician licence shall be on a form supplied by the Ministry and shall be submitted along with the required fee.  O. Reg. 128/03, s. 6 (2). (4)-(8) Revoked:  O. Reg. 128/03, s. 6 (2).
6. (1) It is a requirement that an applicant for a well technician licence be eighteen years of age or older.  R.R.O. 1990, Reg. 903, s. 6 (1). (2) An applicant for a well technician licence or renewal thereof shall submit such information and material as the Director may reasonably require to be satisfied as to the character, qualifications and ability of the applicant.  R.R.O. 1990, Reg. 903, s. 6 (2); O. Reg. 372/07, s. 6 (1). (3) The following are prescribed as qualifications for an applicant for a class of well technician licence described in paragraph 1, 2, 3 or 4 of subsection 5 (1): 1. Successful completion of a course of study, of at least 30 hours, that is approved by the Director for the class of well technician licence applied for. 2. Four thousand hours of work experience helping at or doing the activity that would be authorized by the licence applied for, or a combination of work experience and other qualifications that the Director considers equivalent.  O. Reg. 372/07, s. 6 (2). (3.1) The following are prescribed as qualifications for an applicant for the class of well technician licence described in paragraph 5 of subsection 5 (1): 1. In the case of an applicant referred to in subsection (3.2), i. successful completion of a course of study, of at least 15 hours, that is approved by the Director for the class of well technician licence described in paragraph 5 of subsection 5 (1), and ii. 500 hours of work experience helping at or doing the activity that would be authorized by the licence applied for, or a combination of work experience and other qualifications that the Director considers equivalent. 2. In any other case, i. successful completion of a course of study, of at least 30 hours, that is approved by the Director for the class of well technician licence described in paragraph 5 of subsection 5 (1), and ii. 1,000 hours of work experience helping at or doing the activity that would be authorized by the licence applied for, or a combination of work experience and other qualifications that the Director considers equivalent.  O. Reg. 372/07, s. 6 (2). (3.2) Paragraph 1 of subsection (3.1) applies to an applicant who, (a) is a member of the Association of Professional Engineers of Ontario as an engineer-in-training; (b) is a member of the Association of Professional Geoscientists of Ontario as a geoscientist-in-training; or (c) is a member of the Ontario Association of Certified Engineering Technicians and Technologists as a technician or technologist in training.  O. Reg. 372/07, s. 6 (2). (4) Every holder of a well technician licence shall notify the Director in writing of any change in the information submitted under section 5 or subsection (2) within 10 days after the date of the change.  O. Reg. 128/03, s. 7 (2).
6.1 (1) A person who holds an authorizing certificate issued by an out-of-province regulatory authority in respect of an occupation may apply to the Director for the issuance of a well technician licence described in subsection 5 (1) in respect of the same occupation.  O. Reg. 468/10, s. 2. (2) Section 6 does not apply to a person who applies for a well technician licence under this section.  O. Reg. 468/10, s. 2. (3) Subject to subsection (4), the Director shall issue a well technician licence described in subsection 5 (1) to the applicant if, (a) the applicant complies with the requirements set out in subsection 5 (2); (b) the applicant provides the Director with a copy of the applicant’s authorizing certificate; (c) the well technician licence is, in the opinion of the Director, in respect of the same occupation as the applicant’s authorizing certificate; (d) the applicant provides the Director with confirmation in writing from the out-of-province regulatory authority that the applicant’s authorizing certificate is in good standing; (e) the applicant provides the Director with the following information in writing from the out-of-province regulatory authority: (i) the type of well construction equipment used by the applicant, (ii) the type of wells constructed by the applicant, (iii) the number of wells constructed by the applicant each year in respect of the five-year period preceding the day on which the applicant submits his or her application under subsection (1), and (iv) any complaints, compliance issues and the disposition of any enforcement activities in respect of the applicant; and (f) the applicant successfully completes an examination set by the Director under section 8 with respect to the legislation and regulations that govern the practice of the occupation of well technician in Ontario.  O. Reg. 468/10, s. 2. (4) The Director may refuse to issue a well technician licence if, (a) the applicant has made a false statement in any material part of the application for the issuance of the licence; (b) the applicant is in contravention of any of the conditions or requirements that apply to the applicant’s authorizing certificate; or (c) the applicant is not competent to carry on or has been grossly negligent in carrying on the activities that are authorized by the applicant’s authorizing certificate.  O. Reg. 468/10, s. 2. (5) An applicant for a well technician licence issued under this section or a renewal thereof shall submit such information and material as the Director may reasonably require to be satisfied as to the character, qualifications and ability of the applicant.  O. Reg. 468/10, s. 2. (6) Every holder of a well technician licence issued under this section shall notify the Director in writing of any change in the information submitted under section 5 or subsection (3) or (5) within 10 days after the date of the change.  O. Reg. 468/10, s. 2.
7. The following are prescribed as conditions attaching to every well technician licence: 0.1 The licensee shall work or supervise work in connection with the construction of a well only if, i. the work is done for a person who holds a well contractor licence, or ii. the work is done for a ministry of the Crown and the licensee is employed in the ministry. 1. The licensee shall not supervise the operation of more than two pieces of well construction equipment at one time. 2. The licensee shall work or supervise work in connection with the construction of a well only as specifically authorized by the well technician licence he or she holds. 3. The licensee, while doing or supervising work related to the construction of wells, shall carry a copy of his or her licence and shall produce it upon the request of an employee or agent of the Ministry. 4. The licensee shall comply and shall ensure that every person under his or her supervision shall comply with the requirements of the Act and this Regulation. 5. The licensee shall, promptly after receipt of his or her licence, return to the Director any assistant well technician identification card previously issued to the licensee under this Regulation.  R.R.O. 1990, Reg. 903, s. 7; O. Reg. 128/03, s. 8; O. Reg. 372/07, s. 7. Examination
8. (1) Every applicant for a well contractor licence or a well technician licence shall take an examination set by the Director.  R.R.O. 1990, Reg. 903, s. 8 (1). (1.1) For the purpose of subsection (1), the Director may set different examinations for different classes of applicants and licences.  O. Reg. 372/07, s. 8. (2) If the applicant for a well contractor licence is a corporation or partnership, the examination required under subsection (1) shall be taken by each of the official representatives referred to in paragraph 1 of section 4.  O. Reg. 128/03, s. 9. (3) An application for an appointment to take an examination shall be on a form supplied by the Ministry and shall be accompanied by the required fee.  O. Reg. 128/03, s. 9. (4) Revoked:  O. Reg. 128/03, s. 9. (5) An applicant who has paid the fee shall be given at least seven days notice of the date, time and place appointed for his or her examination.  R.R.O. 1990, Reg. 903, s. 8 (5). (6) No applicant may try an examination for the same licence more than four times in any period of twelve months.  R.R.O. 1990, Reg. 903, s. 8 (6). (7) For the purposes of subsection (6), an applicant who had an appointment for an examination that he or she did not try shall be deemed to have tried the examination.  R.R.O. 1990, Reg. 903, s. 8 (7). Continuing Education — Well Technicians
8.1 (1) If an application is made to renew a well technician licence described in paragraph 1, 2, 3 or 4 of subsection 5 (1), it is a qualification of renewing the licence that the applicant must have successfully completed continuing education courses approved by the Director that consist of a total of at least 21 hours of instruction in the period that ends on the date the application is submitted and began on the later of the following dates: 1. January 1 of the third calendar year preceding the calendar year in which the licence expires. 2. The last day of instruction in a continuing education course that was previously relied on by the applicant for the purpose of this subsection and that ended in the third calendar year preceding the calendar year in which the licence expires.  O. Reg. 372/07, s. 9. (2) If an application is made to renew a well technician licence described in paragraph 5 of subsection 5 (1), it is a qualification of renewing the licence that the applicant must have successfully completed continuing education courses approved by the Director that consist of a total of at least 14 hours of instruction in the period that ends on the date the application is submitted and began on the later of the following dates: 1. January 1 of the third calendar year preceding the calendar year in which the licence expires. 2. The last day of instruction in a continuing education course that was previously relied on by the applicant for the purpose of this subsection and that ended in the third calendar year preceding the calendar year in which the licence expires.  O. Reg. 372/07, s. 9. (3) If a well technician licence is renewed during a calendar year, subsection (1) or (2) does not apply to a further renewal that occurs during the following two calendar years.  O. Reg. 372/07, s. 9. Assistant Well Technician
9. (1) An assistant well technician without an identification card issued under this section is exempt from section 43 of the Act when working at the construction of wells if he or she is supervised by a holder of a well technician licence who is present at the site.  O. Reg. 128/03, s. 11. (2) An assistant well technician to whom an identification card has been issued under this section is exempt from section 43 of the Act when working at the construction of wells on behalf of the licensee named on the card if, (a) the expiry date on the card has not yet been reached; (b) he or she carries the card with him or her and produces it on the request of an employee or agent of the Ministry; and (c) he or she is supervised by the holder of a well technician licence who is available to be called to the site within one hour.  O. Reg. 128/03, s. 11. (3) A holder of a well contractor licence may, not earlier than four months after an assistant well technician begins to work as an employee or agent of the holder of the licence, apply to the Director on a form supplied by the Ministry for an identification card for the technician.  O. Reg. 128/03, s. 11. (4) A holder of a well contractor licence may, when the identification card for the assistant well technician is about to expire, apply to the Director on a form supplied by the Ministry for a new identification card for the technician.  O. Reg. 128/03, s. 11. (5) An identification card issued under this section for an assistant well technician shall bear an expiry date that is not more than 36 months after the date of issue.  O. Reg. 128/03, s. 11. (6) A person for whom an identification card is issued shall return the card to the Director promptly after ceasing to be the employee or agent of the licensed contractor named on the card.  O. Reg. 128/03, s. 11.
10. Revoked:  O. Reg. 128/03, s. 12.
11., 11.1 Revoked:  O. Reg. 372/07, s. 10. Location of Wells
12.1 (1) Every person constructing or abandoning a well shall make, and have available for inspection at the well site,   (a) a log of overburden and bedrock materials; and (b) field notes that include an up-to-date record of the construction or abandonment of the well.  O. Reg. 372/07, s. 12. (2) Despite clause (1) (a), a person is not required to have a log of overburden and bedrock materials if, (a) the person is constructing a well by the use of a driven point; (b) the person is altering a well without deepening it; (c) the person is only installing a pump; or (d) the person is abandoning a well.  O. Reg. 372/07, s. 12. Covering of Well
12.2 Whenever a well under construction is left unattended, including during a minor alteration or the installation of a pump, the person constructing the well shall cover the upper open end of the well securely in a manner sufficient to prevent entry into it of surface water and other foreign materials.  O. Reg. 372/07, s. 12. Surface Drainage
12.3 The person constructing the well shall ensure that the surface drainage is such that water will not collect or pond in the vicinity of the well.  O. Reg. 372/07, s. 12. Well Depth
12.4 (1) If a new well is constructed by any method, the person constructing the well shall ensure that the well is at least six metres deep, unless the only useful aquifer available necessitates a shallower well, in which case the person constructing the well shall ensure that the well is at least three metres deep.  O. Reg. 372/07, s. 12. (2) Subsection (1) does not apply to a test hole or dewatering well.  O. Reg. 372/07, s. 12. Casing and Well Screen
13.0.1 The documents referred to in subsection 13 (16) are on file in the office of the Ministry at Toronto. O. Reg. 461/19, s. 4. Deepening of Wells
13.1 (1) If a well is deepened, section 13 applies, with necessary modifications, as if a new well were being constructed, but continued use of the casing in the existing well is permitted if the casing appears sound.  O. Reg. 372/07, s. 14. (2) No person shall construct a well by penetrating through the bottom of a bored or dug well by means of drilling or by the use of a jetted point or driven point.  O. Reg. 372/07, s. 14. Annular Space — Subsurface Movement
14. If a new well is constructed by any method, the person constructing the well shall ensure that any annular space, other than annular space surrounding a well screen, is sealed to prevent any movement of water, natural gas, contaminants or other material between subsurface formations or between a subsurface formation and the ground surface by means of the annular space.  O. Reg. 372/07, s. 15. Annular Space — Construction and Sealing of Driven Point Wells
14.1 (1) If a new well is constructed by the use of a driven point, the person constructing the well shall comply with section 14 by ensuring that any annular space is filled to the ground surface using a material and a method approved in writing by the Director that, in the opinion of the Director, will ensure that there are no gaps or air spaces in the material placed in the annular space.  O. Reg. 372/07, s. 15. (2) Subsection (1) does not apply to a test hole or dewatering well if abandonment of the test hole or dewatering well is scheduled to take place not later than 180 days after completion of the structural stage of the test hole or dewatering well.  O. Reg. 372/07, s. 15. Annular Space — Construction and Sealing of Bored Wells with Concrete Casing
14.2 (1) If a new well is constructed by boring and concrete casing is used, the person constructing the well shall ensure that the well is constructed with a diameter that, (a) from the ground surface to a depth of 2.5 metres, is at least 15.2 centimetres greater than the outside diameter of the casing that will be used; and (b) from a depth of 2.5 metres to a depth of at least the full depth of the well or six metres, whichever is less, is at least 7.6 centimetres greater than the outside diameter of the casing that will be used.  O. Reg. 372/07, s. 15. (2) If a new well is constructed by boring and concrete casing is used in the well, the person constructing the well shall comply with section 14 by ensuring that the following rules are complied with: 1. If a well screen is installed, i. the annular space shall be filled, from the bottom of the well to at least the top of the well screen with clean, washed gravel or sand that is deposited after placement of the well screen and casing, and ii. any remaining annular space shall be filled with suitable sealant, upward from the top of the gravel or sand referred to in subparagraph i to the bottom of the bentonite material referred to in paragraph 6. 2. The top of the gravel or sand referred to in subparagraph 1 i shall not be closer than six metres to the ground surface, unless the only useful aquifer available necessitates a shallower well, in which case the top of the gravel or sand shall not be closer than 2.5 metres to the ground surface. 3. If no well screen is installed, the annular space shall be filled with suitable sealant from the bottom of the casing upward to the bottom of the bentonite material referred to in paragraph 6. 4. The sealant referred to in subparagraph 1 ii or paragraph 3 shall be continuously deposited by forcing sealant through a tremie pipe, with the bottom end of the pipe immersed in the rising accumulation of sealant. 5. If the sealant referred to in subparagraph 1 ii or paragraph 3 contains cement, i. it shall be allowed to set according to the manufacturer’s specifications or for 12 hours, whichever is longer, and ii. if, after setting in accordance with subparagraph i, the sealant has settled or subsided, it shall be topped up to the original level. 6. From the ground surface to a depth of at least 2.5 metres, the annular space shall be filled with bentonite granules, pellets or chips that have been screened in accordance with the manufacturer’s specifications and that have a diameter of not more than 20 millimetres and not less than six millimetres.  O. Reg. 372/07, s. 15. (3) Subsections (1) and (2) do not apply to a test hole or dewatering well if abandonment of the test hole or dewatering well is scheduled to take place not later than 180 days after completion of the structural stage of the test hole or dewatering well.  O. Reg. 372/07, s. 15. Annular Space — Construction and Sealing of Dug Wells
14.3 (1) If a new well is constructed by digging, the person constructing the well shall comply with section 14 by ensuring that the annular space is filled to the ground surface in accordance with the following rules: 1. The annular space from the bottom of the well to a depth not closer to the ground surface than 2.5 metres shall be filled with, i. clean, washed gravel or sand, or ii. native materials that were excavated from the hole, if the well is not constructed in a contaminated area and the major horizons of soil are excavated separately, stored separately, kept free from contamination and backfilled in the same relative positions that they originally occupied. 2. The remainder of the annular space shall be filled with suitable sealant that will provide the appropriate structural strength to support the weight of persons and vehicles that may move over the area after it is filled.  O. Reg. 372/07, s. 15. (2) Subsection (1) does not apply to a test hole or dewatering well if abandonment of the test hole or dewatering well is scheduled to take place not later than 180 days after completion of the structural stage of the test hole or dewatering well.  O. Reg. 372/07, s. 15. Annular Space — Construction and Sealing of Drilled and Other Wells
14.5 (1) If a new well is constructed by any method and the well is constructed with a well pit, (a) the person constructing the well shall ensure that the well pit is constructed with a diameter that, from the bottom of the well pit to the ground surface, is at least 7.6 centimetres greater than the outside diameter of the well pit; and (b) the person constructing the well shall ensure that the annular space outside the well casing is filled, from the bottom of the well pit to the ground surface, with suitable sealant that will provide the appropriate structural strength to support the weight of persons and vehicles that may move over the area after it is filled.  O. Reg. 372/07, s. 15. (2) If the sealant referred to in clause (1) (b) contains cement, (a) it shall be allowed to set according to the manufacturer’s specifications or for 12 hours, whichever is longer; and (b) if, after setting in accordance with clause (a), the sealant has settled or subsided, it shall be topped up to the original level.  O. Reg. 372/07, s. 15. (3) Subsections (1) and (2) do not apply to a test hole or dewatering well if abandonment of the test hole or dewatering well is scheduled to take place not later than 180 days after completion of the structural stage of the test hole or dewatering well.  O. Reg. 372/07, s. 15. Annular Space — Wells with Double Walled Casing
14.6 Sections 14 to 14.5 do not apply to a well that is constructed with a casing surrounded by a permanent casing of larger diameter (sometimes referred to as a double walled casing), but, (a) sections 14, 14.2, 14.3, 14.4 and 14.5 apply, with necessary modifications, to the annular space outside the outer casing; and (b) sections 14.2, 14.3 and 14.4 apply, with necessary modifications, to the annular space between the casings, unless there is no ground water leaking into the annular space between the casings.  O. Reg. 372/07, s. 15. Flowing Wells
14.7 (1) If, during construction of a well, the well becomes a flowing well, the person constructing the well, (a) shall construct the well to accommodate and be compatible with an appropriate device that controls the discharge of water from within the well casing, is capable of stopping the discharge of water from within the well casing, and is capable of withstanding the freezing of water in the well casing; (b) shall install a device described in clause (a); (c) shall construct the well and install the device described in clause (a) in a manner that prevents any uncontrolled flow of water from the well or at the well site; and (d) shall construct the well and install the device described in clause (a) in a manner that prevents backflow of water into the well or well casing.  O. Reg. 372/07, s. 15. (2) Subsection (1) does not apply if the well is abandoned in accordance with section 21.1.  O. Reg. 372/07, s. 15. (3) Every contract for the construction of a well shall be deemed to contain a term that makes the well contractor responsible for, (a) the cost of complying with subsection (1); and (b) if subsection (1) does not apply pursuant to subsection (2), the cost of abandoning the well.  O. Reg. 372/07, s. 15. (4) Subsection (3) does not apply to a written contract that expressly releases the well contractor from the responsibility referred to in that subsection.  O. Reg. 372/07, s. 15. Development
14.8 (1) Before the structural stage of a new well is completed, the person constructing the well shall do everything reasonably practicable to remove any debris, including well cuttings and drilling fluids, from the well by developing the well until the well water is clear and free of sand.  O. Reg. 372/07, s. 15. (2) Subsection (1) does not apply to a test hole or a dewatering hole.  O. Reg. 372/07, s. 15. Well Yield
14.9 (1) Before the structural stage of a well is completed, the person constructing the well shall test the yield of the well in accordance with section 14.10.  O. Reg. 372/07, s. 15. (2) Subsection (1) does not apply to a minor alteration of a well or the installation of a pump.  O. Reg. 372/07, s. 15. (3) Subsection (1) does not apply to a test hole or dewatering well if the person constructing it, (a) measures the static water level in the well by means of a plastic or metal tape, an air line or an electrical device; and (b) ensures that any part of the tape, air line or electrical device that comes into contact with water in the well is clean.  O. Reg. 372/07, s. 15. (4) Subsection (1) does not apply to an alteration of a well that involves only, (a) the removal of the casing above the ground surface so that the casing is flush with the ground surface; (b) the addition of casing above the ground surface; or (c) the creation or removal of a well pit.  O. Reg. 372/07, s. 15.
14.10 (1) If the yield of water from a well is tested, (a) the water level in the well shall be measured and recorded on the well record for the well, (i) immediately before commencement of pumping, (ii) at one minute intervals or more frequently during the first five minutes of pumping, (iii) at five minute intervals or more frequently during the next 25 minutes of pumping, (iv) at 10 minute intervals or more frequently during the next 30 minutes of pumping, (v) at one minute intervals or more frequently during the first five minutes after pumping stops, (vi) at five minute intervals or more frequently during the next 25 minutes after pumping stops, and (vii) at 10 minute intervals or more frequently during the next 30 minutes after pumping stops; (b) the water level in the well shall be measured by means of a plastic or metal tape that is clean or an air line or electrical device that is clean; (c) water shall be pumped from the well at a steady rate, continuously for at least one hour; and (d) the rate of pumping during the test shall be recorded on the well record.  O. Reg. 372/07, s. 15. (2) Clauses (1) (a) and (b) do not apply if the design of the well does not allow for the water level in the well to be measured during the test of water yield from the well.  O. Reg. 372/07, s. 15. (3) If water cannot be pumped from the well continuously for one hour in accordance with clause (1) (c), no further measurements are required under clause (1) (a) and there shall be recorded on the well record, (a) the reason pumping was discontinued; (b) the rate of pumping and the length of the pumping period; and (c) the water level measurements made.  O. Reg. 372/07, s. 15. Well Tag
14.11 (1) Before the structural stage of a new cased well is completed, the person constructing the well shall obtain a well tag from the Ministry and shall affix it permanently to the outside of the casing or to a permanent structure associated with the well, at a point where the well tag will be visible and will not be obstructed by the well cap, by other components of the well or by equipment associated with the well.  O. Reg. 372/07, s. 15. (2) If an alteration, other than a minor alteration, is made to a cased well that does not already have a well tag, the person making the alteration shall obtain a well tag from the Ministry and, before the alteration is completed, shall affix the well tag permanently to the outside of the casing or to a permanent structure associated with the well, at a point where the well tag will be visible and will not be obstructed by the well cap, by other components of the well or by equipment associated with the well.  O. Reg. 372/07, s. 15. (3) If an alteration is made to a cased well that already has a well tag, the person making the alteration shall safeguard the well tag during the alteration and, if the well tag is removed, the person making the alteration shall, before the alteration is completed, reaffix the well tag permanently to the outside of the casing or to a permanent structure associated with the well, at a point where the well tag will be visible and will not be obstructed by the well cap, by other components of the well or by equipment associated with the well.  O. Reg. 372/07, s. 15. (4) Despite subsection (3), if an alteration is made to a cased well that already has a well tag and the well tag is broken, defaced, illegible or otherwise unusable, the person making the alteration shall, (a) remove the well tag and return it, not later than the date clause (c) is complied with, to the Director; (b) obtain a new well tag from the Ministry and, before the alteration is completed, affix the well tag permanently to the outside of the casing or to a permanent structure associated with the well, at a point where the well tag will be visible and will not be obstructed by the well cap, by other components of the well or by equipment associated with the well; and (c) within 30 days after the new well tag is affixed to the casing, complete a well record with respect to the replacement of the well tag and forward a copy of the well record to the Director.  O. Reg. 372/07, s. 15. (5) Despite subsections (1) to (4), if one well record is prepared for a cluster of wells in accordance with section 16.4 and a well tag is affixed to the deepest well in the cluster, it is not necessary to affix a well tag to any other well in the cluster.  O. Reg. 372/07, s. 15. Disinfection
15.1 (1) If a new well is constructed by any method, the person constructing the well shall ensure that the well is vented to the outside atmosphere in a manner that will safely disperse all gases.  O. Reg. 372/07, s. 16. (2) Subsection (1) does not apply to, (a) a test hole; or (b) a well in which casing is used to transmit water out of the well.  O. Reg. 372/07, s. 16. (3) If a pump is installed in a drilled well, the person constructing the well shall ensure that, (a) an air vent is installed with a minimum inside diameter of, (i) 0.3 centimetres, if the inside diameter of the casing is less than 12.7 centimetres, or (ii) 1.2 centimetres, if the inside diameter of the casing is 12.7 centimetres or more; (b) the air vent, (i) is of sufficient length to extend above the covering of the well pit, if a well pit exists, or (ii) extends above the ground surface a distance sufficient to prevent the entry of flood water from any anticipated flooding in the area but not less than 40 centimetres, if no well pit exists; and (c) the open end of the air vent is shielded and screened in a manner sufficient to prevent the entry of any materials into the well.  O. Reg. 372/07, s. 16. (4) Subsection (3) does not apply to an uncased test hole or an uncased dewatering well.  O. Reg. 372/07, s. 16. (5) Subsection (3) does not apply to the following wells if there is no potential hazard from natural gas or any other gas: 1. A well with a well pit. 2. A test hole or dewatering well described in subsection 13 (11).  O. Reg. 372/07, s. 16. Installation of Equipment
15.2 (1) Every person constructing a well shall comply with the requirements set out in this section.  O. Reg. 372/07, s. 16. (2) If a connection to the casing of a drilled well is made below the ground surface, a well seal or pitless adapter shall be used and the connection shall be made watertight.  O. Reg. 372/07, s. 16. (3) A cutting torch shall not be used to make an opening in the casing wall to accommodate a pitless adapter.  O. Reg. 372/07, s. 16. (4) If a connection to the casing of a well, other than a drilled well, is made below the ground surface, the connection shall be made watertight with durable bonding material.  O. Reg. 372/07, s. 16. (5) If a connection to the casing of a well is made below the ground surface, any outside excavation shall be filled with suitable sealant extending from the casing a minimum distance outward of 20 centimetres and extending from the bottom of the excavation to within 20 centimetres of the ground surface.  O. Reg. 372/07, s. 16. (6) The top of the casing of a well that is constructed by digging or boring shall be covered with a solid, watertight well cover, sufficient to prevent the entry of surface water and other foreign materials into the well.  O. Reg. 372/07, s. 16. (7) Subject to paragraph 8 of subsection 12 (9), the top of the casing of a well that is not constructed by digging or boring shall be sealed with a commercially manufactured vermin-proof well cap.  O. Reg. 372/07, s. 16. (8) Subsections (6) and (7) do not apply if all of the following criteria are satisfied: 1. A floor has been constructed around or adjacent to the casing of the well. 2. A pump is installed above or adjacent to the well. 3. The top of the casing is shielded in a manner sufficient to prevent entry of any material that may impair the quality of the water in the well. 4. The casing of the well is extended to at least 15 centimetres above the floor referred to in paragraph 1.  O. Reg. 372/07, s. 16.
15.3 A person who installs equipment in a well shall ensure that the equipment is clean.  O. Reg. 372/07, s. 16. Information
16. (1) Where a well is constructed and mineralized water is encountered, the person constructing the well shall immediately notify the well purchaser and the owner of the land on which the well is situated that the condition exists.  O. Reg. 372/07, s. 17. (2) Subsection (1) does not apply to a test hole or dewatering well.  O. Reg. 372/07, s. 17. (3) Where a well is constructed and natural gas is encountered, the person constructing the well shall immediately notify the well purchaser, the owner of the land on which the well is situated and the Director that the condition exists.  O. Reg. 372/07, s. 17.
16.1 (1) On the day the structural stage of a well is completed, the person constructing the well shall, unless the well purchaser otherwise directs, (a) deliver to the well purchaser a copy of an information package about wells obtained from the Ministry; (b) provide the well purchaser with a water sample from the well of at least one litre for visual examination; and (c) measure the depth of the well in the presence of the well purchaser.  O. Reg. 372/07, s. 17. (2) Subsection (1) does not apply to a test hole or dewatering well.  O. Reg. 372/07, s. 17. (3) Subsection (1) does not apply to a minor alteration of a well.  O. Reg. 372/07, s. 17.
16.2 (1) On the day a pump is replaced in an existing well, the person constructing the well shall, unless the well purchaser otherwise directs, deliver to the well purchaser a copy of an information package about wells obtained from the Ministry.  O. Reg. 372/07, s. 17. (2) Subsection (1) does not apply to a test hole or dewatering well.  O. Reg. 372/07, s. 17. Records — Single Well Record
16.3 (1) On completion of a well’s structural stage, the person constructing the well shall, (a) complete, in accordance with the instructions on the form, a well record for the well; (b) deliver a copy of the well record to the well purchaser and the owner of the land on which the well is situated within 14 days after the date on which the well’s structural stage is complete; (c) forward a copy of the well record to the Director within 30 days after the date on which the well’s structural stage is complete; and (d) retain a copy of the well record for two years.  O. Reg. 372/07, s. 17. (2) Subsection (1) does not apply to a minor alteration of a well or the installation of a pump.  O. Reg. 372/07, s. 17. (3) Subsection (1) does not apply in respect of a test hole or dewatering well that is abandoned within 30 days after the date on which its structural stage is complete.  O. Reg. 372/07, s. 17. Records — Well Clusters
16.5 (1) On completion of the abandonment of a well, the person abandoning the well shall, (a) complete, in accordance with the instructions on the form, a well record for the well; (b) deliver a copy of the well record to the owner of the land on which the well is situated, (i) within 14 days after the date on which the well construction equipment is removed from the site, or (ii) in the case of a well cluster, within 60 days after the date on which the first well in the well cluster is abandoned; and (c) forward a copy of the well record, and any well tag that was removed from the well, to the Director, (i) within 30 days after the date on which the well construction equipment is removed from the site, or (ii) in the case of a well cluster, within 75 days after the date on which the first well in the well cluster is abandoned.  O. Reg. 372/07, s. 17. (2) Subsection (1) does not apply in respect of a test hole or dewatering well that is abandoned within 30 days after the date on which its structural stage is complete.  O. Reg. 372/07, s. 17.
17.-19. Revoked:  O. Reg. 372/07, s. 18. Well Maintenance
20. (1) The well owner shall maintain the well at all times after the completion of the well’s structural stage in a manner sufficient to prevent the entry into the well of surface water and other foreign materials.  O. Reg. 372/07, s. 19. (2) If the casing of a well extends above the ground surface, no person shall, (a) reduce the height of the casing, if the casing of the well extends to a height of less than 40 centimetres above the ground surface; or (b) reduce the height of the casing to a height of less than 40 centimetres above the ground surface, if the casing extends to a height of 40 centimetres or more above the ground surface.  O. Reg. 372/07, s. 19. (3) Subsection (2) does not apply to a well described in subsection 13 (10) or a test hole or dewatering well described in subsection 13 (11).  O. Reg. 372/07, s. 19. Abandonment