jswizzle3737/ontario_laws_and_regs huggingface dataset:
45 (1) The Director may, (a)  impose such conditions in a municipal drinking water licence at the time of issue of the licence as the Director considers necessary for the purposes of this Act; and (b)  amend the licence at any time after it is issued, including on his or her initiative, in order to impose, vary or remove conditions in the licence, if the Director considers it necessary for the purposes of this Act.  2002, c. 32, s. 45 (1). Subject matter of conditions (2) Without limiting subsection (1) and in addition to any prescribed requirements, licence conditions may include any or all of the following: 1.  Staffing requirements. 2.  Sampling, testing and monitoring requirements. 3.  Treatment requirements. 4.  Requirements relating to the management of residue from the treatment process and the management of a discharge of a substance from the treatment system into the natural environment, including standards for those discharges. 5.  Requirements relating to drinking water quality standards. 6.  Requirements to prevent any thing from entering the system that will result in a drinking water health hazard. 7.  Reporting and notice requirements. 8.  Requirements for ensuring that the operational plans for the system are revised as needed to, i.  satisfy the Director’s directions under Part III, ii.  reflect any future alterations to the system permitted under the drinking water works permit for the system, and iii.  reflect the conditions in the licence. 9.  The requirement to make available copies of the current operational plans and financial plans to the Director, provincial officers and auditors upon request.  2002, c. 32, s. 45 (2). Permitting inspections (3) It is a condition in every licence, whether or not it is specified in the licence, that the owner and accredited operating authority 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. 45 (3); 2009, c. 19, s. 72 (3). Section Amendments with date in force (d/m/y) 2009, c. 19, s. 72 (3)
- 01/01/2010; 2009, c. 19, s. 72 (4)
- no effect - see 2009, c. 19, s. 65
- 31/12/2019 Licence condition, relief from regulatory requirement
46 (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. 46 (1). Relief from compliance (2) Subject to subsection (3) and despite any other provision of this Act, the Director may impose a condition in a municipal drinking water licence that, (a)  provides relief from the duty of strict compliance with a regulatory requirement; or (b)  imposes a condition in the licence, in place of a regulatory requirement, that is less onerous than the regulatory requirement.  2002, c. 32, s. 46 (2). Exception (3) The Director shall not impose a condition described in subsection (2) in a licence 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 licence 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. 46 (3).
47 After consideration of an application to renew a municipal drinking water licence, the Director shall renew the licence if the Director is satisfied that, (a)  the system is and will continue to be operated by an accredited operating authority; (b)  a drinking water works permit remains in force for the system; (c)  the operational plans for the system satisfy the requirements for the system under the Director’s directions in Part III for the particular system or type of system; (d)  the financial plans for the system, if required, satisfy the requirements under this Act; (e)  the system has been and will continue to be operated in accordance with the requirements under this Act and the licence; and (f)  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. 2002, c. 32, s. 47; 2007, c. 12, s. 2 (3). Section Amendments with date in force (d/m/y) 2007, c. 12, s. 2 (3)
- 01/01/2015
48 The Director may revoke a municipal drinking water licence if, (a)  the licence was issued on the basis of false information or information that was incomplete in a material respect; (b)  the licence was issued in error or to the wrong person; (c)  the drinking water works permit for the system is revoked; (d)  a drinking water works permit is issued to decommission the system; (e)  the owner of the system applies for revocation; (f)  a permit to take water issued under the Ontario Water Resources Act that is required for the system is revoked or expires; (g)  the system is not operated by an accredited operating authority; or (h)  the licence has been suspended under section 49.  2002, c. 32, s. 48.
49 The Director may suspend a municipal drinking water licence if, (a)  the Director is of the opinion that the continuing operation of the system will result in a drinking water health hazard; (b)  the owner of the system has failed or refused to correct a deficiency associated with the system; or (c)  the system is not operated by an accredited operating authority.  2002, c. 32, s. 49.
50 The Director may reinstate a licence for a system that is suspended under section 49 if the reason for suspending the licence no longer exists and there are no additional grounds for suspending the licence.  2002, c. 32, s. 50.
51 If a municipality transfers the ownership of a municipal drinking water system to a person other than another municipality, (a)  the municipality shall ensure that the agreement transferring the ownership of the system includes all the provisions required to be included by the regulations to ensure continuing municipal responsibility for the system; and (b)  the drinking water system shall be deemed to continue to be a municipal drinking water system and shall be subject to all requirements under this Act that relate to municipal drinking water systems.  2002, c. 32, s. 51. Part vI   REGULATED non-municipal drinking water systems
52 (1) No person shall establish, replace or operate a regulated non-municipal drinking water system or carry out an alteration to the system except, (a)  in accordance with the prescribed requirements that apply to the system; and (b)  under the authority of and in accordance with an approval granted by the Director under this Part, if an approval is required under the regulations for the system.  2002, c. 32, s. 52 (1). Prohibition, fragmentation (2) No person shall cause or permit the fragmentation of a non-municipal drinking water system that is a regulated non-municipal drinking water system for the purposes of this subsection unless the person first obtains the written consent of the Director.  2002, c. 32, s. 52 (2). Fragmentation (3) The Director shall not give his or her written consent under subsection (2) for the fragmentation of a non-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 system prescribed as a regulated non-municipal drinking water system for the purposes of subsection (2) 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. 52 (3). Application to existing systems (4) Subsections (1) and (2) apply in respect of the operation, alteration or fragmentation of a system whether the system was established before or after those subsections come into force.  2002, c. 32, s. 52 (4). Exception, testing (5) The requirements under subsection (1) in respect of the operation of a system do 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. 52 (5). Transition, deemed approval (6) If a non-municipal drinking water system requires an approval under this Part, an approval granted under section 52 of the Ontario Water Resources Act before this section comes into force, (a)  is deemed to be an approval granted under this Part while the approval is in force; and (b)  may be amended, suspended, reinstated or revoked as if it were an approval granted by the Director under this Part.  2002, c. 32, s. 52 (6). Revocation of deemed approval (7) If a non-municipal drinking water system is not required under this Part to have an approval and an approval has been granted for the system under section 52 of the Ontario Water Resources Act, the approval under the Ontario Water Resources Act shall be deemed to be revoked on the date specified in the regulations.  2002, c. 32, s. 52 (7).
53 (1) No person shall construct a non-municipal drinking water system that is intended to serve a major residential development within the geographic area of a municipality or extend an existing non-municipal drinking water system within the geographic area of a municipality to serve a major residential development, unless the person obtains the written consent of the municipality to do so.  2002, c. 32, s. 53 (1). Same (2) If a non-municipal drinking water system crosses a municipal boundary and requires a consent for its construction or extension under subsection (1), a consent shall be obtained from each municipality in which the system is or will be located.  2002, c. 32, s. 53 (2). May impose conditions (3) A municipality may give a written consent under subsection (1) subject to such conditions and limits as it considers necessary to prevent a deficiency in connection with the system.  2002, c. 32, s. 53 (3). Financial assurance (4) If a municipality grants a consent mentioned in subsection (1), the municipality may, as a condition of granting the consent, require the owner of the system to provide cash, a letter of credit from a bank, a bond or another form of financial assurance that the municipality considers appropriate in any amount the municipality believes is necessary to ensure that the municipality has sufficient funds to deal with any failure by the owner or a future owner to comply with an order issued under this Act, (a)  that relates to a deficiency with the system; or (b)  that arises after the system or part of the system is abandoned, within the meaning of Part IX.  2002, c. 32, s. 53 (4). Copy of consent (5) If a municipality grants a consent mentioned in subsection (1), the municipality shall provide the Director with a copy of the consent within 30 days of granting the consent.  2002, c. 32, s. 53 (5). Interpretation (6) In this section, a reference to a municipality means, in the case of a two-tier municipality, the municipality that has jurisdiction to provide a water public utility under the Municipal Act, 2001.  2002, c. 32, s. 53 (6). Applications
54 (1) If a person proposes to establish or replace a regulated non-municipal drinking water system and an approval granted by the Director is required under subsection 52 (1), the person shall apply to the Director for the approval.  2007, c. 10, Sched. D, s. 3 (9). Alteration to system (2) If a person proposes to carry out an alteration to a regulated non-municipal drinking water system, an approval granted by the Director is required under subsection 52 (1) and the person has not obtained the required approval, the person shall apply to the Director for the approval.  2007, c. 10, Sched. D, s. 3 (10). Same (2.1) If a person proposes to carry out an alteration to a regulated non-municipal drinking water system and the alteration relates to a condition of an approval that was imposed under subsection 60 (2), the person shall apply to the Director for an amendment to the approval.  2007, c. 10, Sched. D, s. 3 (10). Applications for amendment, revocation (3) An owner of a non-municipal drinking water system for which an approval was granted under this Part may apply to the Director for an amendment to the approval or the revocation of the approval.  2002, c. 32, s. 54 (3). Voluntary application for approval (4) An owner of a regulated non-municipal drinking water system may apply to the Director for an approval for the purpose of obtaining relief under section 60 from the duty of strict compliance with a regulatory requirement, even if no approval granted by the Director is required under subsection 52 (1).  2007, c. 10, Sched. D, s. 3 (11). Requirements for application (5) An application under this section must, (a)  be made in the manner and form approved by the Director and contain the information required by the Director; (b)  include a copy of any consent relating to the system that is required under section 53; and (c)  include all fees required on the application.  2002, c. 32, s. 54 (5). Additional information (6) In connection with an application under this section, the Director may require an applicant to, (a)  submit plans, specifications, engineers’ reports and other information and documents relating to the non-municipal drinking water system; or (b)  carry out tests and experiments relating to the non-municipal drinking water system or the raw water supply for the system, and report on the results.  2002, c. 32, s. 54 (6). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 3 (9, 11) - 04/06/2007; 2007, c. 10, Sched. D, s. 3 (10) - 01/12/2008
55 If an order is issued under Part IX to a person requiring the submission of an application for an approval or an amendment to an approval for a non-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)  if the Director decides to issue or amend the approval, the Director may impose as a condition under section 57 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.  2002, c. 32, s. 55.
56 (1) After consideration of an application for an approval under this Part 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 the grant of an approval under this Part, grant the approval with such conditions as the Director may impose under section 57; (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 57 (2); or (c)  refuse to grant or amend the approval, as the case may be.  2002, c. 32, s. 56 (1). Same (2) An approval granted under this Part 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. 56 (2).
57 (1) The Director may, (a)  impose such conditions in an approval under this Part 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. 57 (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. 57 (2). Permitting inspections (3) 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. 57 (3); 2009, c. 19, s. 72 (5). Section Amendments with date in force (d/m/y) 2009, c. 19, s. 72 (5)
- 01/01/2010; 2009, c. 19, s. 72 (6)
- no effect - see 2009, c. 19, s. 65
- 31/12/2019
58 If a person proceeds to establish, replace, operate or carry out an alteration to a non-municipal drinking water system without applying for any approval or amendment to an approval that is 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, at the person’s expense, such experts as the Director considers necessary for the investigation of the 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 an approval for the system in accordance with his or her authority under this Part.  2002, c. 32, s. 58.
59 If a prescribed requirement or a condition of an approval under this Part so provides, no owner of a regulated non-municipal drinking water system shall put into service any works, equipment, mechanism or thing specified in the requirement or 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. 59. Condition in approval, relief from regulatory requirements
60 (1) In this section, “regulatory requirement” means a prescribed requirement relating to, (a)  the sampling, testing or monitoring of water quality in a non-municipal drinking water system or the reporting of the results, or (b)  the treatment of water in a non-municipal drinking water system.  2002, c. 32, s. 60 (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 this Part 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. 60 (2). Exception (3) The Director shall not impose a condition described in subsection (2) in an approval unless, (a)  the owner of the 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. 60 (3). If no approval required for system (4) If an approval is granted by the Director to provide relief from a regulatory requirement for a regulated non-municipal drinking water system that does not require an approval under this Part, the approval granting the regulatory relief shall not be construed as an approval granted for the system under this Part.  2002, c. 32, s. 60 (4).
61 (1) The Director may suspend an approval for a non-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; (b)  the owner of the system has failed or refused to correct a deficiency associated with the system; (c)  the system is abandoned within the meaning of Part IX; or (d)  an accredited operating authority is not in charge of the system and the regulations require an accredited operating authority to be in charge of the system.  2002, c. 32, s. 61 (1). Notice of suspension (2) If the Director suspends an approval under subsection (1), the Director shall notify the local municipality in which the system that is the subject of the approval is located.  2002, c. 32, s. 61 (2). Reinstatement after suspension (3) The Director may reinstate an approval for a 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. 61 (3). Revocation of approval (4) The Director may revoke an approval for a non-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; (f)  the system, if required under this Act, is not operated by an accredited operating authority; or (g)  the approval has been suspended.  2002, c. 32, s. 61 (4). part vii   drinking water testing
62 For the purposes of this Act, a drinking water testing licence only authorizes the offer or provision of a drinking water testing service that involves the conduct of a drinking water test at a laboratory if, (a)  the test is specified in the licence or is in a class specified in the licence; (b)  the laboratory is specified in the licence; and (c)  where the test is in a class specified in the licence, either, (i)  the laboratory is accredited by an accreditation body for drinking water testing to conduct the test, or (ii)  the licence expressly authorizes the conduct of the test.  2002, c. 32, s. 62.
63 (1) No person shall offer or provide a drinking water testing service except under the authority of and in accordance with a drinking water testing licence.  2002, c. 32, s. 63 (1). Exception, prescribed testing at drinking water systems (2) Subsection (1) does not apply to the offer or provision of a drinking water testing service that involves only the conduct of a prescribed test at a drinking water system by a person with prescribed qualifications under the authority of the owner or operating authority of the system in relation to water supplied through the system.  2002, c. 32, s. 63 (2). Employees, etc. (3) A person employed or otherwise engaged to conduct drinking water tests by a person who offers or provides a drinking water testing service shall not be taken to offer or provide a drinking water testing service by virtue only of such employment or engagement.  2002, c. 32, s. 63 (3). Accreditation of Laboratories
64 (1) One or more accreditation bodies for drinking water testing shall be designated or established for the purposes of administering programs to accredit laboratories for the conduct of drinking water tests under the authority of drinking water testing licences.  2002, c. 32, s. 64 (1). Designation by agreement (2) The Minister may designate a person as an accreditation body for drinking water testing by entering into an accreditation agreement with the person.  2002, c. 32, s. 64 (2). Same (3) A person who enters into an accreditation agreement under this Part ceases to be designated as an accreditation body for drinking water testing on the termination of the agreement.  2002, c. 32, s. 64 (3). Designation or establishment by regulation (4) One or more accreditation bodies for drinking water testing 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. 64 (4). No action for termination of agreement, etc. (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 drinking water testing.  2002, c. 32, s. 64 (5).
65 (1) Every accreditation body for drinking water testing 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. 65 (1). Audit reports, copies to Director (2) Every accreditation body for drinking water testing shall, within the time specified by the Director, give to the Director a copy of the report of any drinking water testing audit required by the accreditation body.  2002, c. 32, s. 65 (2). Audit reports, public availability (3) The Director shall make the results of any drinking water testing audit required by the accreditation body available to any person, including a provincial officer, who requests it.  2002, c. 32, s. 65 (3). Notice of proposed suspension or revocation (4) Every accreditation body for drinking water testing shall, within the time specified by the Director, (a)  notify the Director in writing of any proposed suspension or revocation of accreditation, for a drinking water test or tests, of the laboratory at which a licensee conducts drinking water tests, including the reasons for the proposed action; and (b)  notify the Director in writing if the body implements the proposed suspension or revocation mentioned in clause (a).  2002, c. 32, s. 65 (4).
66 (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 to accredit laboratories for the conduct of drinking water tests under the authority of drinking water testing licences. 2.  The terms on which the accreditation program is to be administered. 3.  The authority for and procedures governing the granting, suspending and revocation of accreditation. 4.  Provision for the person to be able to make decisions about accreditation by reference to, i.  a testing standard or standards included in, or adopted by, the agreement, including an adopted standard as amended from time to time after the agreement is made, ii.  a testing standard or standards prescribed by the regulations, including a standard or standards in a document or documents adopted by the regulations, or iii.  advice received from any other body. 5.  The requirement that the person comply with applicable Ministry standards and policies in administering the accreditation program. 6.  The requirement that the person administer an audit program to audit conformity by the holders of drinking water testing licences with the testing standard or standards mentioned in paragraph 4. 7.  The terms for the administration of the audit program, including the following: i.  The frequency of audits. ii.  The required qualifications of the testing auditors. iii.  The powers and duties of the testing auditors. iv.  The types of matters to be audited and the requirements for reporting the testing auditors’ findings and recommendations. v.  The requirement that copies of all audit reports be provided to the Minister and the licensee that is the subject of the audit, and the results be made available to the public. 8.  The requirements for the giving of notice in writing of a proposed suspension or revocation of accreditation, for a drinking water test or tests, of the laboratory at which a licensee conducts drinking water tests to the Director and the licensee in the manner specified in the agreement, including the reasons for the proposed action. 9.  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. 10.  The requirement that the person obtain and maintain specified kinds and amounts of insurance. 11.  Provisions governing the amendment and termination of the agreement.  2002, c. 32, s. 66 (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. 66 (2).
67 Every person who offers or provides a drinking water testing service shall, (a)  submit to and assist with all audits required by an accreditation body for drinking water testing; and (b)  consent to the release to the Director of all audit reports relating to the service and the release to the public of the results of the audits.  2002, c. 32, s. 67.
68 If an auditor, in the course of an audit, becomes aware of a violation of this Act, the regulations, a drinking water testing licence or an 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. 68.
69 If a laboratory’s accreditation for a drinking water test is suspended or revoked by an accreditation body for drinking water testing, the person who holds a drinking water testing licence for the laboratory shall, immediately after the suspension or revocation, (a)  notify accordingly all owners and operating authorities of drinking water systems who could reasonably be expected to be affected by 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 and operating authority described in clause (a).  2002, c. 32, s. 69; 2007, c. 10, Sched. D, s. 3 (12, 13). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 3 (12, 13) - 04/06/2007
70 (1) Despite the Crown Agency Act, no accreditation body for drinking water testing is or shall hold itself out as an agent of Her Majesty for any purpose.  2002, c. 32, s. 70 (1). Crown not liable for acts of accreditation bodies (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 drinking water testing 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 drinking water testing 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. 70 (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
71 (1) Every accreditation body for drinking water testing 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. 71 (1). Additional reports (2) Every accreditation body for drinking water testing 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. 71 (2). Drinking Water Testing Licences Applications
72 (1) A person who proposes to offer a drinking water testing service involving the conduct of drinking water tests at a laboratory shall apply to the Director for a drinking water testing licence authorizing the conduct of such tests at the laboratory.  2002, c. 32, s. 72 (1). Amendment (2) The holder of a drinking water testing licence may apply to the Director for an amendment to the licence.  2002, c. 32, s. 72 (2). Renewal (3) The holder of a drinking water testing licence may apply to the Director for the renewal of the licence before the expiry of the licence.  2002, c. 32, s. 72 (3). Requirements of application (4) An application under this section must satisfy the following requirements: 1.  The application must be made in the manner and form approved by the Director and contain the information required by the Director. 2.  The application must include all prescribed information or documents. 3.  All fees required on the application must be submitted to the Director as part of the application.  2002, c. 32, s. 72 (4).
73 (1) After consideration of an application for a drinking water testing licence, the Director shall, subject to subsection (2), issue a licence to the applicant in relation to the conduct of a drinking water test or class of tests at a single laboratory specified in the licence if the Director is satisfied that, (a)  either, (i)  the laboratory is accredited by an accreditation body for drinking water testing for the conduct of the test or one or more tests within the class of tests, or (ii)  the requirements of section 74 are met in relation to the conduct of the test or tests; (b)  the testing will be conducted using suitable laboratory facilities; (c)  the applicant will have suitable resources, including staff, technical resources and records management systems, to comply with the requirements under this Act; (d)  the applicant will be able to carry out the necessary test associated with the testing and to articulate the results to persons who submit drinking water for testing; (e)  the applicant will be able to meet the notice and reporting requirements to be imposed under the licence; (f)  drinking water testing services will be provided, (i)  in accordance with the requirements under this Act and the licence, and (ii)  with competence, honesty and integrity; and (g)  any other prescribed criteria have been met.  2002, c. 32, s. 73 (1). Same (2) In making a determination of whether to issue a licence under subsection (1), the Director shall, (a)  take into consideration any prior failure of the applicant to comply with the requirements under this Act or an order issued under this Act, including the seriousness of the prior failure to comply; and (b)  not issue the licence if the Director has reason to believe that, if the licence were issued, the applicant would fail to comply with the requirements under this Act or an order issued under this Act.  2002, c. 32, s. 73 (2). Authorized tests, specification by class (3) If the Director issues a licence in relation to the conduct of a test or tests at a laboratory, (a)  the licence need not specify the particular test or tests; and (b)  the licence may state instead that the conduct of any test in a specified class of tests is authorized if, (i)  the laboratory is accredited to conduct the test, or (ii)  the conduct of the test is expressly authorized under the licence.  2002, c. 32, s. 73 (3). Expiry date (4) The expiry date of a licence, including a licence that is renewed, shall be determined in accordance with the regulations.  2002, c. 32, s. 73 (4). Extension (5) The Director may authorize an extension of the expiry date of a licence if an application for renewal of the licence has been received and the decision on the application is not made on or before the expiry date.  2002, c. 32, s. 73 (5). Not transferable without consent (6) A licence is not transferable without the consent of the Director.  2002, c. 32, s. 73 (6).
74 (1) The Director may issue or amend a drinking water testing licence to authorize the conduct of a drinking water test at a laboratory that is not accredited by an accreditation body for drinking water testing for the conduct of the test only if subsection (2), (3) or (4) applies.  2002, c. 32, s. 74 (1). Location of laboratory (2) This subsection applies if the Director is satisfied that, (a)  it is desirable that the test be available in the area in which the laboratory is situated, or is to be situated; (b)  there is no laboratory, or there are insufficient laboratories, in the area for the conduct of the test under a drinking water testing licence; and (c)  the licensee will be capable of providing a drinking water testing service involving the conduct of the test at the laboratory.  2002, c. 32, s. 74 (2); 2007, c. 10, Sched. D, s. 3 (14). No accreditation standards in Ontario (3) This subsection applies if the Director is satisfied that, (a)  no accreditation body for drinking water testing is able to provide accreditation for the conduct of the test because there are no accreditation standards for the test currently applicable in Ontario; and (b)  the licensee will be capable of providing a drinking water testing service involving the conduct of the test at the laboratory.  2002, c. 32, s. 74 (3). Prescribed laboratory (4) This subsection applies if the laboratory is a prescribed laboratory or a member of a prescribed class of laboratories and the Director is satisfied that the drinking water tests at the laboratory will be conducted by persons having the prescribed qualifications or experience.  2002, c. 32, s. 74 (4). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 3 (14) - 01/12/2008
76 (1) If the Director considers it necessary, the Director may, by written notice, issue a direction to one or more holders of drinking water testing licences that a drinking water test or class of tests is to be conducted under the licence in accordance with a method specified in the direction.  2007, c. 10, Sched. D, s. 3 (15). May authorize test at non-accredited laboratory (2) A direction under subsection (1) may authorize the conduct of a drinking water test at a laboratory that is not accredited for the purpose if the Director considers it necessary.  2007, c. 10, Sched. D, s. 3 (16). Amendment or revocation of direction (3) The Director may amend or revoke a direction by written notice to all licensees to whom the direction was given.  2002, c. 32, s. 76 (3). Direction deemed a condition (4) A direction given to a licensee under this section is deemed to be a condition of the licence.  2002, c. 32, s. 76 (4). Notice (5) The Director shall give notice to the accreditation body for drinking water testing of every direction issued under this section and every amendment and revocation of a direction.  2002, c. 32, s. 76 (5). Expiry of direction (6) A direction under this section remains in force until, (a)  the day specified in the notice of revocation of the direction; or (b)  the third anniversary of the day the direction is issued, if the direction is not revoked.  2002, c. 32, s. 76 (6). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 3 (15, 16) - 01/12/2008
77 (1) After consideration of an application to amend or renew a drinking water testing licence in relation to the conduct of a drinking water test or class of tests at a laboratory specified in the licence, the Director shall amend or renew the licence, as the case may be, if the Director is satisfied that, (a)  either, (i)  the laboratory is accredited by an accreditation body for drinking water testing for the conduct of the test or one or more tests within the class of tests, or (ii)  the requirements of section 74 are met in relation to the conduct of the test or tests; (b)  the testing will be conducted using suitable laboratory facilities; (c)  the licensee will have suitable resources, including staff, technical resources and records management systems, to comply with the requirements under this Act; (d)  the licensee will be able to carry out the necessary analysis associated with the testing and to articulate the results to persons who submit drinking water for testing; (e)  the licensee will be able to meet notice and reporting requirements imposed under the licence; (f)  drinking water testing services will be provided, (i)  in accordance with the requirements under this Act and the licence, and (ii)  with competence, honesty and integrity; and (g)  any other prescribed criteria have been met.  2002, c. 32, s. 77 (1). Same (2) In making a determination of whether to amend or renew a licence under subsection (1), the Director shall, (a)  take into consideration any prior failure of the applicant to comply with the requirements under this Act or an order issued under this Act, including the seriousness of the prior failure to comply; and (b)  not amend or renew the licence if the Director has reason to believe that, if the licence were amended or renewed, the applicant would fail to comply with the requirements under this Act or an order issued under this Act.  2002, c. 32, s. 77 (2).
78 The Director may revoke a drinking water testing licence if the Director is satisfied that, (a)  the licence was issued on the basis of false information or information that was incomplete in a material respect; (b)  the licence was issued in error or to the wrong person; (c)  grounds would exist to refuse to renew the licence; or (d)  the continuing provision of drinking water testing services by the licensee, or from the laboratory specified in the licence, endangers or is likely to endanger public health.  2002, c. 32, s. 78.
79 (1) The Director may suspend a drinking water testing licence if, (a)  the Director is of the opinion that the continuing provision of drinking water testing services by the licensee, or from the laboratory specified in the licence, endangers or is likely to endanger public health; or (b)  the licensee is no longer authorized as provided by section 62 to offer or provide any drinking water testing service.  2002, c. 32, s. 79 (1). Reinstatement after suspension (2) The Director may reinstate a suspended drinking water testing licence if the reason for suspending the licence no longer exists and there are no additional grounds for suspending the licence.  2002, c. 32, s. 79 (2).
80 (1) If the Director believes that a reviewable decision that he or she is about to make in respect of a drinking water testing licence, if stayed by an appeal, would endanger, or likely endanger, public health, the Director shall include in the decision the reasons for his or her belief and shall also serve a copy of the decision on the Chief Medical Officer of Health.  2002, c. 32, s. 80 (1). Reviewable decision (2) In this section, “reviewable decision” has the meaning given in section 127.  2002, c. 32, s. 80 (2). Part VIII   inspections
82 (1) In this section, “vehicle” includes a trailer or other equipment attached to the vehicle.  2002, c. 32, s. 82 (1). Requirement to stop (2) For the administration of this Act or the regulations, a provincial officer may signal a vehicle or vessel to stop.  2002, c. 32, s. 82 (2). Same (3) On a provincial officer’s signal to stop, the operator of a vehicle or vessel shall immediately come to a safe stop.  2002, c. 32, s. 82 (3). Signal to stop (4) For the purposes of this section, a signal to stop includes, (a)  intermittent flashes of red light in the case of a vehicle; (b)  intermittent flashes of blue light in the case of a vessel; and (c)  a hand signal to stop by a provincial officer who is readily identifiable as a provincial officer.  2002, c. 32, s. 82 (4). Sign to report (5) Where a clearly marked sign is posted indicating that a class of vehicles or vessels should report to a certain place in the vicinity of the sign, the operator of a vehicle or vessel that passes the sign and that falls within the class of vehicles or vessels indicated shall report forthwith to the place the sign directs.  2002, c. 32, s. 82 (5). Production of documents (6) Where the operator of a vehicle or vessel stops under subsection (3) or reports under subsection (5), the provincial officer may make reasonable inquiries of the operator and the operator shall produce for inspection any documents related to the operation or ownership of the vehicle or vessel, including licenses, permits and any documents that are required to be kept by the law of any jurisdiction in relation to the carriage of any cargo or container.  2002, c. 32, s. 82 (6). Inspection powers (7) Based on questioning or an examination of documents conducted under subsection (6), the provincial officer may, without warrant or court order, inspect any means of containment that the provincial officer reasonably believes is being used for the handling or transportation of drinking water or water from a raw water supply.  2002, c. 32, s. 82 (7); 2009, c. 19, s. 72 (10). Same (8) As part of an inspection under subsection (7), the provincial officer may open or require the operator to open any cargo hold, container or other means of containment.  2002, c. 32, s. 82 (8); 2009, c. 33, Sched. 15, s. 10 (2). Same (9) During an inspection conducted under subsection (6) or (7), the provincial officer may exercise such powers under subsection 81 (2) as are reasonably required for the administration of this Act or the regulations.  2002, c. 32, s. 82 (9). Same (10) Subsections 81 (3), (4), (5) and (6) apply to the exercise of a power under subsection (9).  2002, c. 32, s. 82 (10). Section Amendments with date in force (d/m/y) 2009, c. 19, s. 72 (10)
- 01/01/2010; 2009, c. 33, Sched. 15, s. 10 (2) - 15/12/2009
83 A provincial officer who exercises any power set out in section 81, 82, 91, 92 or 93 may, if he or she is designated a provincial officer under the Environmental Protection Act, the Ontario Water Resources Act, the Pesticides Act, the Nutrient Management Act, 2002 or the Toxics Reduction Act, 2009, as the case may be, do anything authorized by, (a)  section 156, 156.1, 160, 161 or 161.1 of the Environmental Protection Act; (b)  section 13, 14 or 23 of the Nutrient Management Act, 2002; (c)  section 15, 15.1, 19, 20 or 20.1 of the Ontario Water Resources Act; (d)  section 19, 19.1, 22, 23 or 23.1 of the Pesticides Act; or (e)  section 15, 20 or 21 of the Toxics Reduction Act, 2009.  2009, c. 19, s. 72 (11). Section Amendments with date in force (d/m/y) 2009, c. 19, s. 72 (11)
- 01/01/2010; 2009, c. 19, s. 72 (12) - no effect - see 2009, c. 19, s. 65 - 31/12/2019