Safe Drinking Water Act, 2001 Churley, Marilyn — Bill 3 (37th Parliament, 3rd Session)

Bill 3, 37-3

Ontario — Bills

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Bill 3, Safe Drinking Water Act, 2001

Churley, Marilyn

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[37] Bill 3 Original (PDF)

Bill 3 2001

An Act to restore public confidence

in the quality of drinking water

in Ontario

Preamble

The people of Ontario have the right to clean and safe drinking water.

Clean, safe drinking water is a basic human entitlement and essential for the

protection of public health.

To ensure that the people of Ontario have safe drinking water, drinking

water standards should be reviewed and revised frequently, information about

drinking water quality should be freely available, drinking water issues

should be dealt with by the provincial and municipal levels of government

working in partnership, and the process for making decisions about drinking

water issues should be transparent and accountable.

Therefore, Her Majesty, by and with the advice and consent of the

Legislative Assembly of the Province of Ontario, enacts as follows:

Purposes

(1) The purposes of this Act

are,

(

a) to recognize that people who use public water systems in Ontario have

a right to receive clean and safe drinking water from them;

(

b) to restore public confidence in the quality of drinking water

throughout Ontario; and

(

c) to protect and enhance the quality of drinking water in Ontario.

Same

(2) In order to fulfil the purposes set out in subsection (1),

this Act provides,

(

a) means for reviewing decisions about drinking water quality made by the

Government of Ontario and holding it accountable for those decisions; and

(

b) increased access to the courts for the protection of drinking water

quality.

Definitions

2. In this Act,

"contaminant" means a biological, chemical, physical or radiological agent

or combination of them that is prescribed as a contaminant;

("contaminant")

"certificate of approval" means an approval issued under

section 52 of the

Ontario Water Resources Act ; ("certificat d'approbation")

"drinking water" means water that may be used for human consumption; ("eau

potable")

"Minister" means the Minister of the Environment, and "Ministry" has a

corresponding meaning; ("ministre", "ministère")

"person" includes a municipality; ("personne")

"prescribed" means prescribed by the regulations; ("prescrit")

"private water system" means a water system that supplies water only for

five or fewer private residences; ("réseau privé d'adduction

d'eau")

"public water supplier" means a person who operates a public water system;

("fournisseur d'eau public")

"public water system" means a water system other than a private water

system; ("réseau public d'adduction d'eau")

"registry" means the water quality registry established under

section 6;

("registre")

"regulations" means the regulations made under this Act;

("règlements")

"substance" means anything that is prescribed as a substance;

("substance")

"user", when used in connection with a public water system, means a person

who regularly obtains water from the system; ("usager")

"water system" means a system for the collection, supply and distribution

of drinking water. ("réseau d'adduction d'eau")

Duties of public water suppliers

(1) Every public water supplier

shall,

(

a) have water tests conducted in accordance with subsection 4 (1), the

regulations and the supplier's certificate of approval, to establish

contaminant and substance levels and compliance with prescribed

standards;

(

b) promptly report to the Ministry the results of all tests conducted

under clause (a);

(

c) keep full records of all tests conducted under clause (

a) and make

them available to any person on request; and

(

d) provide summaries of the results of all tests conducted under clause

(

a) to users with their water bills.

Same

(2) Subsection (3) applies whenever,

(

a) a test conducted under clause (1) (

a) reveals that maximum permitted

contaminant levels or maximum permitted substance levels are exceeded or that

prescribed standards are not adhered to;

(

b) a test to be conducted under clause (1) (

a) is delayed or cannot be

performed for any reason;

(

c) equipment for conducting a test under clause (1) (

a) or for purifying

drinking water is malfunctioning.

Same

(3) If a situation described in clause (2) (a), (

b) or (

c) exists, the public water supplier shall,

(

a) immediately notify the medical officer of health and the Ministry of

the results of the test;

(

b) ensure that notice is given to all users in accordance with the

regulations;

(

c) take immediate steps to correct the problem; and

(

d) make an alternative supply of safe drinking water available to all

users until the problem has been corrected.

When duty applies

(4) The duty imposed by subsection (3) applies as soon as the

public water supplier knows or ought to know of the situation.

Water testing laboratories

(1) All tests under clause 3 (1)

(

a) shall be conducted by a water testing laboratory that is accredited by

the Ministry in accordance with the regulations.

Notice to Ministry

(2) Every public water supplier shall,

(

a) promptly advise the Ministry of which laboratory is conducting the

public water supplier's tests under clause 3 (1) (a); and

(

b) if a different laboratory is used, advise the Ministry

immediately.

Reporting test results

(1) Every water testing

laboratory shall promptly report the results of all tests conducted under

clause 3 (1) (

a) to the Ministry and to the public water supplier.

Reporting unsafe water tests

(2) If a test conducted under clause 3 (1) (

a) reveals that the

maximum permitted contaminant levels or maximum permitted substance levels

are exceeded or that prescribed standards are not adhered to, the laboratory

shall immediately notify the public water supplier, the medical officer of

health and the Ministry of the results of the test.

When duty applies

(3) The duty imposed by subsection (2) applies as soon as the

laboratory knows or ought to know of the test results.

Water quality registry

(1) The Ministry shall establish

and operate a water quality registry in accordance with this

section and the

regulations.

Public access

(2) The registry shall be made available to any person in

electronic form, without charge.

Purpose

(3) The purpose of the registry is to make information about

the quality of water from public water systems available to the public.

Required information

(4) The registry shall contain the following information:

1. The results of all tests conducted under clause 3 (1) (a).

2. Copies of all certificates of approval issued to public water

suppliers.

3. A list of all laboratories accredited under the regulations.

4. Details of all notices to users given under clause 3 (3) (b).

Optional information

(5) The registry may contain any other information that in the

Ministry's opinion is relevant to water quality.

Same

(6) Some examples of information that may be included under

subsection (5) are:

1. Information about convictions for offences under this Act and the

sentences imposed.

2. Information about proceedings under sections 9 and 10.

Offence: supplying unsafe water

(1) No public water supplier

shall cause or permit to be supplied to users water that,

(

a) exceeds the maximum permitted level for any contaminant or substance;

(

b) contravenes a prescribed standard.

Offence: polluting water system

(2) No person shall deposit in, add to, emit or discharge into

a public water system or a private water system any thing so as to cause the

water to,

(

a) exceed the maximum permitted level for a contaminant or substance;

(

b) contravene a prescribed standard.

Penalty

(3) Any person who contravenes subsection (1) or (2) is guilty

of an offence and on conviction is liable to a fine not exceeding $7,000,000

for each day on which the offence occurs or continues.

Same

(4) Any person who fails to comply with clause 3 (1) (a), (b),

(

c) or (

d) or subsection 3 (3), 5 (1) or 5 (2) is guilty of an offence and on

conviction is liable to a fine not exceeding $7,000,000 for each day on which

the offence occurs or continues.

Restraining order on conviction

(5) The court that convicts a person of an offence under this

Act may, on its own initiative or on the prosecutor's application, make an

order restraining the continuation or repetition of the offence.

Restraining order

(1) The Superior Court of

Justice may, on the Minister's application, order any person to cease

contravening this Act, the regulations or a certificate of approval.

In addition to other remedies

(2) Subsection (1) is in addition to any other remedy or

penalty provided by law.

Action for damages

9. A person who suffers damage as a result of

a contravention of subsection 7 (1) or (2) or a failure to comply with clause

3 (1) (a), (b), (

c) or (

d) or subsection 3 (3), 5 (1) or 5 (2) may bring an

action against the person who committed the contravention or failed to

comply, as the case may be, to recover damages.

Judicial review, standing

10. Any person may apply for judicial review

of the Minister's exercise or non-exercise of a power conferred or

performance or non-performance of a duty imposed by this Act, whether the

person is directly affected or has suffered special damages or not.

Water Advisory Council

(1) A body to be known as the

French is hereby established.

Membership

(2) The Council shall consist of not fewer than 10 and not more

than 15 members, chosen for competence and knowledge in matters relating to

drinking water quality and appointed by the Lieutenant Governor in

Council.

Term

(3) A member holds office for a term of not more than three

years and may be reappointed.

Chair and vice-chair

(4) The Lieutenant Governor in Council may appoint one of the

members as chair of the Council and another as vice-chair.

Time for first appointments

(5) At least 10 members shall be appointed to the Council

within 90 days after this Act comes into force.

Duties of Council

12. The Water Advisory Council has the

following duties:

1. To advise the Minister on the results of current research related

to,

i. drinking water quality,

ii. prescribed standards, and

iii. contaminants and substances and their effects.

2. To consider any matter affecting drinking water quality that the

Minister refers to the Council or that the Council decides to consider on its

own initiative, and to advise the Minister on the matter.

Research

13. The Minister shall cause research to be

conducted on,

(

a) the causes, diagnosis, treatment, control and prevention of health

effects associated with contaminants and substances and with failure to

adhere to prescribed standards;

(

b) the quality, quantity and availability of water from private water

systems;

(

c) the sources of surface and ground water contamination;

(

d) methods of purifying drinking water; and

(

e) methods of conserving water.

Testing of private

water system

14. The Minister shall, at the request of any

user of a private water system, cause the water to be tested in accordance

with subsection 4 (1) and the regulations to establish contaminant and

substance levels and compliance with prescribed standards.

Annual report

(1) The Minister shall annually

prepare a report on the state of drinking water in Ontario and table it in

the Legislature.

Timing

(2) The report dealing with a given calendar year shall be

tabled on or before April 1 in the following calendar year.

Contents

(3) The report shall include,

(

a) a report on the work of the Water Advisory Council during the

year;

(

b) a

summary of the information added to the water quality registry under

section 6 during the year;

(

c) a report on the review under subsection 18 (5) conducted during the

previous year and a statement of the recommendations made under that

subsection;

(

d) if

Document details

Collection	Ontario — Bills
Citation	Bill 3, 37-3
Type	bill
Volume / chapter	p37 s3 bill 3 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	62be82ed61d1423ca36acb3189ba7cf42d4a183c

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