jswizzle3737/ontario_laws_and_regs huggingface dataset:
4 (1) The Minister shall establish an advisory body known in English as the “Advisory Council on Drinking Water Quality and Testing Standards” and in French as “Conseil consultatif sur les normes de qualité et d’analyse de l’eau potable” to consider issues relating to standards for drinking water quality and testing and to make recommendations to the Minister.  2002, c. 32, s. 4 (1). Appointment of members (2) The members of the Advisory Council shall be appointed by the Minister.  2002, c. 32, s. 4 (2). Notice (3) The Advisory Council may publish information in the Registry.  2002, c. 32, s. 4 (3).
5 The Minister shall ensure that all recommendations of the Advisory Council on Drinking Water Quality and Testing Standards are taken into consideration in establishing and revising standards under this Act for drinking water quality and testing.  2002, c. 32, s. 5.
6 (1) The Minister shall in writing appoint such directors as the Minister considers necessary, in respect of one or more provisions of this Act or the regulations, as specified in the appointment.  2002, c. 32, s. 6 (1). Same (2) In making an appointment under this section, the Minister shall appoint only, (a)  a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry or a member of a class of such public servant; or (b)  any other person or a member of any other class of person, if the appointment is approved by the Lieutenant Governor in Council.  2006, c. 35, Sched. C, s. 119 (2). Limitation on authority (3) The Minister may, in an appointment of a director, limit the authority of the director in such manner as the Minister considers necessary.  2002, c. 32, s. 6 (3). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 119 (2) - 20/08/2007
7 (1) The Minister shall appoint a Chief Inspector to carry out the following duties: 1.  The provision of advice and recommendations to the Minister in respect of operational policies for inspections in relation to drinking water and drinking water systems. 2.  The implementation of operational policies for inspections in relation to drinking water and drinking water systems. 3.  The review on a periodic basis of all regulations, directions, policies, protocols and procedures relating to inspections referred to in paragraphs 1 and 2 and, if appropriate, the recommendation of revisions. 4.  Developing and assisting in the development of training programs for provincial officers for the purposes of this Act. 5.  Ensuring the continuing training on a periodic basis of provincial officers for the purposes of this Act. 6.  Monitoring the overall frequency and efficacy of inspections referred to in paragraphs 1 and 2. 7.  Such other duties as may be assigned by the Minister.  2002, c. 32, s. 7 (1). Annual report (2) The Chief Inspector shall provide an annual written report to the Minister respecting the overall performance of drinking water systems in Ontario and the inspection of drinking water systems and containing such other information as the Minister may require.  2007, c. 10, Sched. D, s. 3 (5). No personal information (3) A report under subsection (2) shall not contain any personal information that is maintained for the purpose of creating a record that is not available to the general public.  2002, c. 32, s. 7 (3). Same (4) The Chief Inspector shall provide the annual report to the Minister on or before a day specified by the Minister.  2002, c. 32, s. 7 (4). Publication (5) The Minister shall make the Chief Inspector’s annual report public as soon as practicable after the Minister receives it.  2002, c. 32, s. 7 (5). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 3 (5) - 01/12/2008
8 (1) The Minister shall in writing designate such persons and classes of persons as the Minister considers necessary as provincial officers in respect of one or more provisions of this Act or the regulations, as specified in the designation.  2002, c. 32, s. 8 (1). Limitation of authority (2) The Minister may, in a designation of a provincial officer, limit the authority of the provincial officer in such manner as the Minister considers necessary.  2002, c. 32, s. 8 (2). Provincial officer (3) A provincial officer is a peace officer for the purpose of enforcing this Act.  2002, c. 32, s. 8 (3). Investigation and prosecution (4) A provincial officer may investigate offences under this Act and may prosecute any person whom the provincial officer reasonably believes is guilty of an offence under this Act.  2002, c. 32, s. 8 (4).
9 (1) The Minister may issue a written directive consistent with the purposes of this Act that relates to the exercise of a power or the performance of a duty by a person or entity appointed, designated or established under this Act.  2002, c. 32, s. 9 (1). Exception (2) No directive shall be issued under this section that relates to the issue, granting, amendment, renewal, suspension or revocation of a particular accreditation, permit, licence, approval, certificate or order under this Act.  2002, c. 32, s. 9 (2). Compliance (3) Every person to whom a directive is given under subsection (1) shall comply with the directive.  2002, c. 32, s. 9 (3). Publication (4) Every directive issued under this section comes into effect on the day notice of the directive is given in the Registry.  2002, c. 32, s. 9 (4). Legislation Act, 2006, Part III (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to a directive issued under this section.  2002, c. 32, s. 9 (5); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 part iii   general requirements
10 Despite any other Act, a requirement that water be “potable” in any Act, regulation, order or other document issued under the authority of any Act or in a municipal by-law shall be deemed to be a requirement to meet, at a minimum, the requirements of the prescribed drinking water quality standards.  2002, c. 32, s. 10.
12 (1) No person shall operate a municipal drinking water system or a regulated non-municipal drinking water system unless the person holds a valid operator’s certificate issued in accordance with the regulations.  2002, c. 32, s. 12 (1). (2)-(4) Repealed: 2017, c. 2, Sched. 11, s. 6 (2). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 11, s. 6 (2) - 22/03/2017
13 (1) Every owner of a municipal drinking water system shall ensure that an accredited operating authority is in charge of the system at all times on and after the day specified in the regulations for the municipality, the system or the owner of the system.  2002, c. 32, s. 13 (1). Same (2) If the Minister makes a regulation requiring an accredited operating authority to be in charge of a non-municipal drinking water system, the owner of the system shall ensure that an accredited operating authority is in charge of the system at all times.  2002, c. 32, s. 13 (2).
14 (1) If an accredited operating authority is in charge of a drinking water system and it is not the owner of the system, the accredited operating authority and the owner of the system shall enter into an agreement that contains the following: 1.  A description of the system or the parts of the system for which the operating authority is responsible. 2.  A description of the respective responsibilities of the owner and the operating authority to ensure that the operation, maintenance, management and alteration of the system comply with this Act, the regulations, any order under this Act and the conditions in, i.  the drinking water works permit and the municipal drinking water licence for the system, in the case of a municipal drinking water system, or ii.  the approval for the system, in the case of a non-municipal drinking water system. 3.  A description of the respective responsibilities of the owner and the accredited operating authority in the event a deficiency is determined to exist or an emergency occurs. 4.  A description of the respective responsibilities of the owner and the accredited operating authority to ensure that the operational plans for the system are reviewed and revised appropriately and that both parties are informed of all revisions. 5.  Any other provisions required by the regulations.  2002, c. 32, s. 14 (1). Delegation of duty (2) If an owner of a drinking water system enters into an agreement with an accredited operating authority, the owner may, in the agreement, delegate a duty imposed on the owner under this Act to the accredited operating authority.  2002, c. 32, s. 14 (2). Exception (3) A delegation referred to in subsection (2) shall not relieve the owner of the drinking water system from the duty to comply with section 19 or the duty, (a)  to ensure that the accredited operating authority carries out its duties under this Act and the agreement in a competent and diligent manner while it is in charge of the system; and (b)  upon discovery that the accredited operating authority is failing to act in accordance with clause (a), to take all reasonable steps to ensure that the operation of the system complies with the requirements under this Act.  2002, c. 32, s. 14 (3). Agreement to be made public (4) The contents of every agreement referred to in subsection (1) between an owner of a drinking water system and an accredited operating authority shall be made public by the owner of the system in accordance with the requirements prescribed by the Minister.  2002, c. 32, s. 14 (4).
15 (1) The Director shall, on or before the prescribed date, issue directions governing the preparation and content of operational plans for municipal drinking water systems and may issue such additional directions as the Director considers necessary for the purposes of this section.  2002, c. 32, s. 15 (1). Same (2) If the Minister makes a regulation requiring a non-municipal drinking water system or a class of non-municipal drinking water systems to have operational plans, the Director shall, on or before the date prescribed by the Minister, issue directions governing the preparation and content of operational plans for the system or systems.  2002, c. 32, s. 15 (2). Same (3) The Director may amend, revoke or replace a direction issued under this section.  2002, c. 32, s. 15 (3). Content of direction (4) The direction shall include, (a)  minimum content requirements for operational plans; (b)  rules respecting the retention of copies of versions of operational plans; (c)  rules respecting the public disclosure of the contents of operational plans; and (d)  such other requirements as the Director considers necessary for the purposes of this Act and the regulations.  2002, c. 32, s. 15 (4). Same (5) A direction issued under this section may, (a)  be general or limited in its application; (b)  apply in respect of any class of drinking water systems; (c)  require the preparation of operational plans for a treatment system, a distribution system or any part of either or both of them.  2002, c. 32, s. 15 (5). Publication (6) A direction, amendment to a direction or revocation of a direction takes effect when a notice of the direction, amendment or revocation, as the case may be, is given in the Registry.  2002, c. 32, s. 15 (6). Legislation Act, 2006, Part III (7) Part III (Regulations) of the Legislation Act, 2006 does not apply to a direction issued under this section.  2002, c. 32, s. 15 (7); 2006, c. 21, Sched. F, s. 132 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 132 (1) - 25/07/2007
16 (1) If operational plans are required for a drinking water system under this Act, every owner and accredited operational authority of the system shall, (a)  ensure that the plans comply with such directions issued under section 15 that apply in respect of the system; and (b)  make public the contents of the operating plans in accordance with the Director’s directions.  2002, c. 32, s. 16 (1). Submission of plans, municipal drinking water system (2) Every owner of a municipal drinking water system shall provide a copy of all operational plans for the system to the Director on or before the day prescribed by the regulations for the municipality, the system or the owner of the system.  2002, c. 32, s. 16 (2). Review of plans (3) The Director shall review the operational plans for the municipal drinking water system and shall issue a notice, (a)  accepting the plans if the Director is satisfied that the plans satisfy the directions; or (b)  rejecting the plans for the reasons set out in the notice, if the Director is not satisfied that the plans satisfy the directions.  2002, c. 32, s. 16 (3). Resubmission of plans (4) The owner of a municipal drinking water system whose operational plans are rejected by the Director shall revise and resubmit the revised plans to the Director in accordance with the directions specified in the notice.  2002, c. 32, s. 16 (4).
17 (1) All operational plans for a drinking water system remain the property of the owner of the system, irrespective of who prepares or revises the plans.  2002, c. 32, s. 17 (1). Retention of plans (2) Every accredited operating authority of a drinking water system for which operational plans are required under this Act shall retain copies of the operational plans for the system in accordance with the Director’s directions under section 15.  2002, c. 32, s. 17 (2). Same (3) Upon termination of an agreement between the owner and the accredited operating authority of a system, the accredited operating authority shall ensure that the owner has copies of the most recently prepared and revised operational plans for the system.  2002, c. 32, s. 17 (3).
18 (1) Each of the following persons shall report every prescribed adverse result of a drinking water test conducted on any waters from a municipal drinking water system or a regulated non-municipal drinking water system to the Ministry and the medical officer of health immediately after the adverse result is obtained: 1.  The operating authority responsible for the system or, if there is no operating authority responsible for the system, the owner of the system. 2.  The person operating the laboratory at which the adverse result was obtained.  2002, c. 32, s. 18 (1); 2007, c. 10, Sched. D, s. 3 (6). Same (2) A report under subsection (1) shall be made in accordance with the regulations.  2002, c. 32, s. 18 (2). Duty to report to the owner (3) If an operating authority is required to report an adverse test result under subsection (1), the operating authority shall also immediately report the adverse test result to the owner of the system for which the operating authority is responsible.  2007, c. 10, Sched. D, s. 3 (7). Duty of laboratory to report (4) Every person operating a laboratory who is required to report an adverse test result under subsection (1) shall also notify the operating authority responsible for the system or, if there is no operating authority responsible for the system, the owner of the system, of every adverse test result relating to the system, immediately after the adverse result is obtained.  2007, c. 10, Sched. D, s. 3 (7). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 3 (6, 7) - 01/12/2008
18.1 (1) The person operating the laboratory at which an adverse result was obtained shall report every prescribed adverse result of a drinking water test conducted on any waters from a small drinking water system within the meaning of the Health Protection and Promotion Act to the Ministry of Health and Long-Term Care and the medical officer of health immediately after the adverse result is obtained.  2007, c. 10, Sched. D, s. 3 (8). Same (2) A report under subsection (1) shall be made in accordance with the regulations.  2007, c. 10, Sched. D, s. 3 (8). Duty of laboratory to report (3) Every person operating a laboratory who is required to report an adverse test result under subsection (1) shall also notify the operator responsible for the system or, if there is no operator responsible for the system, the owner of the system, of every adverse test result relating to the system, immediately after the adverse result is obtained.  2007, c. 10, Sched. D, s. 3 (8). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 3 (8) - 01/12/2008
19 (1) Each of the persons listed in subsection (2) shall, (a)  exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation; and (b)  act honestly, competently and with integrity, with a view to ensuring the protection and safety of the users of the municipal drinking water system.  2002, c. 32, s. 19 (1). Same (2) The following are the persons listed for the purposes of subsection (1): 1.  The owner of the municipal drinking water system. 2.  If the municipal drinking water system is owned by a corporation other than a municipality, every officer and director of the corporation. 3.  If the system is owned by a municipality, every person who, on behalf of the municipality, oversees the accredited operating authority of the system or exercises decision-making authority over the system.  2002, c. 32, s. 19 (2). Offence (3) Every person under a duty described in subsection (1) who fails to carry out that duty is guilty of an offence.  2002, c. 32, s. 19 (3). Same (4) A person may be convicted of an offence under this section in respect of a municipal drinking water system whether or not the owner of the system is prosecuted or convicted.  2002, c. 32, s. 19 (4). Reliance on experts (5) A person shall not be considered to have failed to carry out a duty described in subsection (1) in any circumstance in which the person relies in good faith on a report of an engineer, lawyer, accountant or other person whose professional qualifications lend credibility to the report.  2002, c. 32, s. 19 (5).
20 (1) No person shall cause or permit any thing to enter a drinking water system if it could result in, (a)  a drinking water health hazard; (b)  a contravention of a prescribed standard; or (c)  interference with the normal operation of the system.  2002, c. 32, s. 20 (1). Exception (2) Subsection (1) does not apply to prohibit activities that are carried out, (a)  in the course of the proper operation, maintenance, repair or alteration of a drinking water system; or (b)  under a statutory authority or for the purposes of complying with a statutory requirement.  2002, c. 32, s. 20 (2). Dilution no defence (3) For the purposes of prosecuting the offence of contravening subsection (1), it is not necessary to prove that the thing, if it was diluted when or after it entered the system, continued to result in or could have resulted in a drinking water health hazard.  2002, c. 32, s. 20 (3). part iv   accreditation of operating authorities
21 (1) On or before the first anniversary of the coming into force of this section, the Minister shall approve a Quality Management Standard for drinking water systems.  2002, c. 32, s. 21 (1). Revisions (2) The Minister may approve such revisions to the Quality Management Standard as the Minister considers advisable.  2002, c. 32, s. 21 (2). Publication (3) The Quality Management Standard, including any revisions to it, comes into effect upon the Ministry giving a notice of the Standard or revision in the Registry.  2002, c. 32, s. 21 (3). Same (4) If the Minister proposes to make a regulation requiring accredited operating authorities to be in charge of non-municipal drinking water systems, the Minister may approve revisions to the Quality Management Standard that include standards relating to non-municipal drinking water systems.  2002, c. 32, s. 21 (4). Application of Standard (5) The Quality Management Standard may, (a)  be general or limited in its application; and (b)  apply in respect of any class of activity, matter, person or thing.  2002, c. 32, s. 21 (5). Same (6) A class mentioned in clause (5) (b) may be defined with respect to any attribute, quality, characteristic or combination of them and may be defined to consist of or to include or exclude any specified member of a class whether or not the member has the same attributes, qualities or characteristics as other members of the class.  2002, c. 32, s. 21 (6). Adoption by reference (7) The Quality Management Standard may adopt by reference, in whole or in part, with such changes as the Minister considers necessary, any document, including a code, formula, standard, protocol or procedure.  2002, c. 32, s. 21 (7). Amendments to codes, etc. (8) The power to adopt by reference and require conformity with a document in subsection (7) includes the power to adopt the document as it may be amended from time to time after it is adopted.  2002, c. 32, s. 21 (8). Legislation Act, 2006, Part III (9) Part III (Regulations) of the Legislation Act, 2006 does not apply to the approval of the Quality Management Standard or to the approval of revisions to the Standard.  2002, c. 32, s. 21 (9); 2006, c. 21, Sched. F, s. 132 (2). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 132 (2) - 25/07/2007
22 (1) One or more accreditation bodies for operating authorities shall be designated or established for the purposes of administering programs for the accreditation of operating authorities for drinking water systems.  2002, c. 32, s. 22 (1). Designation by agreement (2) The Minister may designate a person as an accreditation body for operating authorities by entering into an accreditation agreement under this Part with the person.  2002, c. 32, s. 22 (2). Same (3) A person who enters into an accreditation agreement under this Part ceases to be designated as an accreditation body for operating authorities on the termination of the agreement.  2002, c. 32, s. 22 (3). Designation or establishment by regulation (4) One or more accreditation bodies for operating authorities may be designated or established by the regulations, whether or not the Minister enters into an accreditation agreement under this Part.  2002, c. 32, s. 22 (4). No action on termination (5) No action or other proceeding shall be commenced in respect of, (a)  the termination by the Minister of an accreditation agreement; or (b)  the revocation of a regulation or a provision of a regulation designating or establishing an accreditation body for operating authorities.  2002, c. 32, s. 22 (5).
23 (1) Every accreditation body for operating authorities shall exercise and perform its powers and duties in accordance with the requirements under this Act and its accreditation agreement, if any.  2002, c. 32, s. 23 (1). Audit reports (2) Every accreditation body for operating authorities shall, (a)  provide a copy of the report of any audit required by the accreditation body to the Director within the time period specified by the Director; and (b)  make public the results of any audit required by the accreditation body, in a form and manner specified by the Director.  2002, c. 32, s. 23 (2). Notice of proposed suspensions, revocations (3) Every accreditation body for operating authorities shall, within the time specified by the Director, (a)  notify the Director in writing of any proposed suspension or revocation of accreditation of an accredited operating authority, including the reasons for the proposed action; and (b)  notify the Director in writing if the accreditation body implements the proposed suspension or revocation mentioned in clause (a).  2002, c. 32, s. 23 (3).
24 (1) The Minister may enter into an accreditation agreement with a person and every accreditation agreement shall include the following: 1.  The requirement that the person establish and administer a program based on the Quality Management Standard for drinking water systems for the accreditation of operating authorities for drinking water systems. 2.  The terms on which the accreditation program is to be administered. 3.  The requirement that the person administer an audit program to audit the level of conformity by accredited operating authorities with the Quality Management Standard. 4.  The terms and conditions for the administration of the audit program including, i.  the frequency of audits, ii.  the required qualifications of the auditors, iii.  the powers and duties of the auditors, iv.  the types of matters to be audited and the requirements for reporting the auditors’ findings and recommendations, v.  the requirement that copies of every audit report in respect of a system be provided to the Director and the operating authority and owner of the system and the results be made available to the public. 5.  The authority for and procedures governing the granting, suspending and revocation of accreditation. 6.  Requirements for the giving of notice in writing of a proposed suspension or revocation of accreditation of an accredited operating authority to the Director, the appropriate municipality or municipalities and the owner of the relevant drinking water system, if the system is not owned by a municipality, including the manner for giving notice and the requirement that the notice set out the reasons for the proposed action. 7.  The entitlement of the Minister to review or audit, at such time or times as the Minister considers advisable, the performance of the person under the agreement, including the conduct and results of audits under the agreement. 8.  The requirement that the person obtain and maintain specified kinds and amounts of insurance. 9.  Provisions governing the amendment and termination of the agreement.  2002, c. 32, s. 24 (1). Same (2) Subsection (1) does not prohibit the inclusion in the agreement of such other provisions as the Minister considers advisable that are consistent with the provisions described in subsection (1) and the purposes of the agreement.  2002, c. 32, s. 24 (2).
25 (1) Every owner and accredited operating authority of a drinking water system shall, (a)  submit to and assist with all audits required by an accreditation body for operating authorities; and (b)  consent to the release to the Director of all audit reports relating to the system and the release to the public of the results of the audits.  2002, c. 32, s. 25 (1). Exception (2) Subsection (1) does not apply in respect of a non-municipal drinking water system unless the regulations require an accredited operating authority to be in charge of the system.  2002, c. 32, s. 25 (2).
26 If an auditor, in the course of an audit, becomes aware of a violation of this Act, the regulations, a drinking water works permit, a municipal drinking water licence, an approval or order under this Act, the auditor shall report the violation to the Director as soon as practicable, and shall include a summary of his or her observations in relation to the violation in his or her report.  2002, c. 32, s. 26.
27 If an operating authority’s accreditation under this Part is suspended or revoked by an accreditation body, the operating authority shall, immediately after the suspension or revocation,  (a)  notify all owners of drinking water systems, of which the operating authority is in charge, of the suspension or revocation; and (b)  provide a copy of the accreditation body’s order or decision to suspend or revoke the accreditation to each owner described in clause (a).  2002, c. 32, s. 27.
28 (1) Despite the Crown Agency Act, no accreditation body for operating authorities is or shall hold itself out as an agent of Her Majesty for any purpose.  2002, c. 32, s. 28 (1). Crown not liable (2) No action or other proceeding shall be instituted against the Crown, the Minister or any employee in the Ministry, (a)  for any act done by an accreditation body for operating authorities in the execution or intended execution of a power or duty under this Act or its accreditation agreement, if any, or for an alleged neglect or default in the execution of such a power or duty; or (b)  for any tort committed by an accreditation body for operating authorities or its employee or agent in relation to a power or duty under this Act or its accreditation agreement, if any.  2002, c. 32, s. 28 (2); 2006, c. 35, Sched. C, s. 119 (3). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 119 (3) - 20/08/2007
29 (1) Every accreditation body for operating authorities shall report annually to the Minister on its activities over the previous year with respect to the execution of its powers and duties under this Act and its accreditation agreement, if any.  2002, c. 32, s. 29 (1). Additional reports (2) Every accreditation body for operating authorities shall provide such additional reports to the Minister as the Minister may require or as required by its accreditation agreement, if any, and the Minister shall make public a copy of the report in a form and manner the Minister considers appropriate.  2002, c. 32, s. 29 (2). part V   municipal drinking water systems Financial plans
30 In this Part, “financial plans” means financial plans that satisfy the requirements prescribed by the Minister. 2017, c. 2, Sched. 11, s. 6 (3). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 11, s. 6 (3) - 22/03/2017
31 (1) No person shall, (a)  establish a new municipal drinking water system or replace or carry out an alteration to a municipal drinking water system except under the authority of and in accordance with an approval under this Part or a drinking water works permit; or (b)  use or operate a municipal drinking water system that was established before or after this section comes into force except under the authority of and in accordance with an approval under this Part or municipal drinking water licence.  2002, c. 32, s. 31 (1). Deemed approval under this Part (2) An approval granted under section 52 of the Ontario Water Resources Act for a municipal drinking water system shall be deemed to be an approval under this Part for the system and may be amended, suspended, reinstated and revoked as if it were an approval granted by the Director under this Part.  2002, c. 32, s. 31 (2). Exception, testing (3) Subsection (1) does not apply if, (a)  the operator of the system is conducting a test or experiment on the system; (b)  the water under treatment in the test or experiment is not distributed to users of the system; and (c)  no substance is discharged from the treatment system into the natural environment during the test or experiment.  2002, c. 32, s. 31 (3). Exception, prescribed system (4) Subsection (1) does not apply to a municipal drinking water system if the system is a prescribed system or is a member of a prescribed class of systems.  2002, c. 32, s. 31 (4). Applications
33 The owner of a municipal drinking water system shall apply to the Director, on or before the day prescribed for the municipality, the system or the owner of the system, for a drinking water works permit and a municipal drinking water licence for the system.  2002, c. 32, s. 33.
34 If a person proceeds to establish, carry out an alteration to or operate a municipal drinking water system without applying for an approval under this Part, a drinking water works permit, an amendment to an approval, drinking water works permit or municipal drinking water licence, as required by this Part, and the person has failed to comply with an order issued under Part IX requiring the person to submit an application for it, the Director may, (a)  retain such experts and obtain such facilities, at the person’s expense, as the Director considers necessary for the investigation of the municipal drinking water system and the raw water supply; (b)  require the person to produce all documents under the person’s control that relate to the drinking water system; and (c)  grant or amend an approval or issue or amend a drinking water works permit and municipal drinking water licence for the system in accordance with his or her authority under this Part.  2002, c. 32, s. 34.
35 If an order is issued under Part IX to a person requiring the submission of an application for an approval under this Part, a drinking water works permit, a municipal drinking water licence or an amendment to an approval, permit or licence for a municipal drinking water system by reason of the person’s failure to make an application in accordance with the requirements under this Act, or if the Director considers it necessary for the purposes of this Act, (a)  the Director may accept and consider a late application as though it were made within the time specified under this Part; and (b)  in the case of an approval or drinking water works permit, if the Director decides to grant or amend the approval or issue or amend the permit, the Director may impose as a condition the requirement that the person reverse any alteration that was made to the system that was not previously authorized by the Director in an approval or drinking water works permit.  2002, c. 32, s. 35. Approvals for Municipal Drinking water Systems
36 (1) After consideration of an application for an approval or an amendment to an approval, the Director shall, as he or she considers necessary for the purposes of this Act, (a)  on an application for an approval under this Part, grant the approval with such conditions as the Director may impose under section 37; (b)  on an application for the amendment of an approval under this Part, amend the approval to impose, vary or remove a condition, subject to subsection 37 (2); or (c)  refuse to grant or amend the approval, as the case may be.  2002, c. 32, s. 36 (1). Same (2) An approval granted under this section for a system that was established before this section came into force may deal with any works associated with the system.  2002, c. 32, s. 36 (2). Fragmentation (3) Despite subsection (1), the Director shall not grant an approval or amend an approval to authorize the fragmentation of a municipal drinking water system or part of the system unless, (a)  the Director has consulted the medical officer of health concerning the proposed fragmentation; (b)  the owner of the system proves to the satisfaction of the Director that the owner gave written notice in a form and manner approved by the Director to each user of the system who would cease to be served by a municipal drinking water system if the fragmentation proceeds; and (c)  the owner of the system demonstrates to the Director’s satisfaction that the fragmentation will not expose users of the fragmented system to a drinking water health hazard and will not endanger the natural environment.  2002, c. 32, s. 36 (3). Expiry of approval (4) An approval for a municipal drinking water system expires, (a)  on the day a municipal drinking water licence is issued for the system, if the owner makes an application for a drinking water works permit and municipal drinking water licence in accordance with section 33; or (b)  on the day after the day the owner of the system is required under section 33 to apply for a drinking water works permit and a municipal drinking water licence for the system, if the owner fails to make the application on or before the day the application is required.  2002, c. 32, s. 36 (4). Extension (5) The Director may authorize an extension of the expiry date of an approval for a municipal drinking water system if an application for a drinking water works permit and a municipal drinking water licence for the system has been received by the day required under section 33 and the decision on the application is not made on or before the expiry date.  2002, c. 32, s. 36 (5).
37 (1) The Director may, (a)  impose such conditions in an approval at the time the approval is granted as the Director considers necessary for the purposes of this Act; and (b)  on his or her own initiative, amend the approval to impose, vary or remove conditions in the approval at any time after it is granted, if the Director considers it necessary for the purposes of this Act.  2002, c. 32, s. 37 (1). Same (2) The Director may impose any condition in an approval that may be imposed in a drinking water works permit or a municipal drinking water licence and may include an expiry date for the approval as a condition in the approval.  2002, c. 32, s. 37 (2). Application of Environmental Assessment Act (3) Subsections 12.2 (2) and 15.1.2 (2) of the Environmental Assessment Act does not prohibit a Director from imposing a condition mentioned in paragraph 3 of subsection 41 (2) in an approval, but the other provisions of that Act continue to apply to any future alterations to a municipal drinking water system that the Director may specify in an approval.  2002, c. 32, s. 37 (3); 2020, c. 18, Sched. 6, s. 65 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 37 (3) of the Act is amended by striking out “Subsections 12.2 (2) and 15.1.2 (2)” at the beginning and substituting “Subsections 15.1.2 (2), 17.27 (2) and 17.30 (2)”.
(See: 2020, c. 18, Sched. 6, s. 65 (2)) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 37 (3) of the Act is amended by striking out “15.1.2 (2)”. (See: 2020, c. 18, Sched. 6, s. 65 (3)) Certificate of compliance (4) If a condition of an approval for a municipal drinking water system so provides, no owner of the system shall put into service any works, equipment, mechanism or thing specified in the approval until the owner or the owner’s designate has given the Director a certificate of compliance in such form as the Director requires.  2002, c. 32, s. 37 (4). Permitting inspections (5) It is a condition in every approval under this Part, whether or not it is specified in the approval, that the owner and every other operator of the system shall permit provincial officers to conduct inspections authorized under, (a)  this Act; (b)  section 156, 156.1 or 158 of the Environmental Protection Act; (c)  section 13, 14 or 16 of the Nutrient Management Act, 2002; (d)  section 15, 15.1 or 17 of the Ontario Water Resources Act; (e)  section 19, 19.1 or 20 of the Pesticides Act; (f)  section 15 or 18 of the Toxics Reduction Act, 2009.  2002, c. 32, s. 37 (5); 2009, c. 19, s. 72 (1). Section Amendments with date in force (d/m/y) 2009, c. 19, s. 72 (1)
- 01/01/2010; 2009, c. 19, s. 72 (2)
- no effect - see 2009, c. 19, s. 65
- 31/12/2019 2020, c. 18, Sched. 6, s. 65 (1) - 21/07/2020; 2020, c. 18, Sched. 6, s. 65 (2, 3) - not in force Condition in approval, relief from regulatory requirements
38 (1) In this section, “regulatory requirement” means a prescribed requirement relating to, (a)  the sampling, testing or monitoring of water quality in a municipal drinking water system or the reporting of the results, or (b)  the treatment of water in a municipal drinking water system.  2002, c. 32, s. 38 (1). Condition, relief from regulatory requirement (2) Subject to subsection (3) and despite any other provision of this Act, the Director may impose a condition in an approval under section 37 that, (a)  provides relief from the duty of strict compliance with a regulatory requirement; or (b)  imposes a condition in the approval, in place of a regulatory requirement, that is less onerous than the regulatory requirement.  2002, c. 32, s. 38 (2). Exception (3) The Director shall not impose a condition described in subsection (2) in an approval granted under section 37 unless, (a)  the owner of the municipal drinking water system has applied in writing to the Director for relief from the regulatory requirement; (b)  the regulations do not prohibit the Director from including the condition in the approval under the circumstances relating to the particular system; (c)  the application includes, if required by the regulations, an assessment prepared in accordance with the regulations that demonstrates that providing the relief sought will not result in a drinking water health hazard and the Director agrees with the conclusions of the assessment; (d)  the owner has conducted public consultations on the application, if any are required by the regulations, and the public consultations, if required, have been conducted in accordance with the prescribed requirements; and (e)  the owner has obtained all consents from individuals that are required by the regulations before the relief may be given.  2002, c. 32, s. 38 (3).
39 (1) The Director may suspend an approval for a municipal drinking water system if, (a)  the Director is of the opinion that the continuing operation of the system will result in a drinking water health hazard; or (b)  the owner of the system has failed or refused to correct a deficiency associated with the system.  2002, c. 32, s. 39 (1). Reinstatement after suspension (2) The Director may reinstate an approval for a municipal drinking water system if the reason for suspending the approval no longer exists and there are no additional grounds for suspending the approval.  2002, c. 32, s. 39 (2). Revocation of approval (3) The Director may revoke an approval for a municipal drinking water system granted under this Part if, (a)  the approval was issued on the basis of false information or information that was incomplete in a material respect; (b)  the approval was issued in error or to the wrong person; (c)  the owner of the system has decommissioned the system in accordance with the conditions in the approval; (d)  the owner of the system applies for revocation; (e)  at least 365 days have passed since the approval was issued, no application for an extension of any deadlines specified in the approval has been received by the Director and the Director has reasonable grounds for believing that, (i)  the establishment of the system has not been significantly advanced since the approval was issued, or (ii)  work to establish the system has been essentially discontinued for a period of at least 365 days; or (f)   the approval has been suspended.  2002, c. 32, s. 39 (3). Drinking water Works Permits
40 (1) After consideration of an application for a drinking water works permit under this Part or an amendment to a permit, the Director shall, as he or she considers necessary for the purposes of this Act, (a)  on an application for the issue of a permit, issue the permit with such conditions as the Director may impose under section 41; (b)  on an application for the amendment of a permit, amend the permit to impose, vary or remove a condition, including a condition described in subsection 41 (2); or (c)  refuse to issue or amend the permit, as the case may be.  2002, c. 32, s. 40 (1). Fragmentation (2) Despite subsection (1), the Director shall not issue or amend a drinking water works permit to authorize the fragmentation of a municipal drinking water system or part of the system unless, (a)  the Director has consulted the medical officer of health concerning the proposed fragmentation; (b)  the owner of the system proves to the satisfaction of the Director that the owner gave written notice in a form and manner approved by the Director to each user of the system who would cease to be served by a municipal drinking water system if the fragmentation proceeds; and (c)  the owner of the system demonstrates to the Director’s satisfaction that the fragmentation will not expose users of the fragmented system to a drinking water health hazard and will not endanger the natural environment.  2002, c. 32, s. 40 (2).
42 The Director may revoke a drinking water works permit if, (a)  the permit was issued on the basis of false information or information that was incomplete in a material respect; (b)  the permit was issued in error or to the wrong person; (c)  at least 365 days have passed since the permit was issued, no application for an extension of any deadlines specified in the permit has been received by the Director and the Director has reasonable grounds for believing that, (i)  the establishment of the system has not been significantly advanced since the permit was issued, or (ii)  work to establish the system has been essentially discontinued for a period of at least 365 days; (d)  the owner of the system requests that the permit be revoked; or (e)  the owner of the system has decommissioned the system in accordance with the conditions in the permit.  2002, c. 32, s. 42.
43 If a condition of a drinking water works permit so provides, no owner of a municipal drinking water system shall put into service any works, equipment, mechanism or thing specified in the permit until the owner or the owner’s designate has given the Director a certificate of compliance in such form as the Director requires.  2002, c. 32, s. 43. Municipal Drinking water Licences
44 (1) After consideration of an application for a municipal drinking water licence under this Part, the Director shall issue a municipal drinking water licence to the owner of a municipal drinking water system if, (a)  a drinking water works permit has been issued for the system; (b)  the operational plans for the system satisfy the requirements in the Director’s directions under Part III for the particular system or type of system; (c)  the system will be operated by an accredited operating authority; (d)  the financial plans for the system, if required, satisfy the requirements under this Act; (e)  a permit to take water has been issued under the Ontario Water Resources Act that, (i)  authorizes the system to take water, if water will be taken by the system from a raw water supply and the permit is required under the Ontario Water Resources Act in order to take the water, and (ii)  authorizes the system to transfer water between Great Lakes watersheds as defined in section 34.5 of the Ontario Water Resources Act, if water will be transferred by the system between Great Lakes watersheds as defined in that section and the permit is required under that Act in order to transfer the water; and (f)  the Director is satisfied that the system will be operated in accordance with the requirements under this Act and the conditions in the licence. 2002, c. 32, s. 44 (1); 2007, c. 12, s. 2 (2). Information in licence (2) A licence shall identify the following: 1.  All owners of the system. 2.  The accredited operating authority responsible for the operation of the system. 3.  The date of issue and number of the drinking water works permit for the system. 4.  The number of the most recent financial plans for the system that satisfy the requirements under this Act, as of the day the licence or renewed licence is issued, if financial plans are required for the system. 5.  The number of each operational plan for the system. 6.  The date of issue and number of each permit to take water, if one or more permits are required for the system.  2002, c. 32, s. 44 (2). Expiry date (3) The expiry date for a licence issued or renewed under this Part shall be no later than the fifth anniversary of the day of issue or renewal of the licence, and shall be set out in the licence.  2002, c. 32, s. 44 (3). Date for application for renewal (4) A licence or renewal under this Part shall contain a date that is the deadline for an application for renewal of the licence.  2002, c. 32, s. 44 (4). Same (5) The date mentioned in subsection (4) must not be less than 90 days before the date of expiry of the licence.  2002, c. 32, s. 44 (5). Extension (6) The Director may authorize an extension of the expiry date of a licence if an application for renewal of the licence has been received by the date described in subsection (4) and the decision on the application is not made on or before the expiry date.  2002, c. 32, s. 44 (6). Not transferable without consent (7) A licence is not transferable without the consent of the Director.  2002, c. 32, s. 44 (7). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 2 (2)
- 01/01/2015