Safe Drinking Water Act, 2002 Stockwell, Hon. Chris Minister of the Environment — Bill 195 (37th Parliament, 3rd Session)

Bill 195, 37-3

Ontario — Bills

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Bill 195, Safe Drinking Water Act, 2002

Stockwell, Hon. Chris Minister of the Environment

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Debates

Original

As Amended by Standing Committee

Royal Assent

[37] Bill 195 Royal Assent (PDF)

Bill 195 2002

An Act respecting

safe drinking water

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

Assembly of the Province of Ontario, enacts as follows:

CONTENTS

PART I

INTERPRETATION

Purposes

Interpretation

PART II

ADMINISTRATION

Powers and duties of the Minister

Advisory Council on Drinking-water Quality and

Testing Standards

Consideration by Minister

Directors

Chief Inspector

Provincial officers

Minister's directive

PART III

GENERAL REQUIREMENTS

Potable water

Duties of owners and operating authorities

Operator's certificate

Duty to have accredited operating authority

Agreement with accredited operating authority

Directions, operational plans

Operational plans

Ownership of operational plans

Duty to report adverse test result

Standard of care, municipal drinking-water system

Prohibition

PART IV

ACCREDITATION OF

OPERATING AUTHORITIES

Quality Management Standard

Accreditation body for operating authorities

Obligations of accreditation body

Accreditation agreement

Compliance with audit

Report by auditor of violations

Obligation to report suspension or revocation of accreditation

Not an agent of the Crown

Annual reports, etc., by accreditation bodies

PART V

MUNICIPAL DRINKING-WATER SYSTEMS

Financial plans

Requirement for approval or permit and licence

Applications

Requirement to apply for permit and licence

Failure to apply for required approval, permit or licence

Late application

Approval for Municipal

Drinking-water systems

Approval

Approval conditions and Director's amendments

Condition in approval, relief from regulatory requirements

Suspension, revocation of approval

Drinking-water

Works Permits

Issue and amendment of permit

Permit conditions and Director's amendments

Revocation of drinking-water works permit

Certificate of compliance

Municipal Drinking-water Licences

Director's decision, municipal drinking-water licence

Licence conditions and amendments

Licence conditions, relief from regulatory requirement

Licence renewal

Revocation of licence

Suspension of licence

Reinstatement of suspended licence

Transfer of municipal drinking-water system

PART VI

REGULATED NON-MUNICIPAL

DRINKING-WATER SYSTEMS

Prohibition, regulated non-municipal drinking-water systems

Prohibition, development

Applications

Late application

Grant and amendment of approval

Approval conditions and Director's amendments

Failure to apply for required approval

Certificate of compliance

Condition in approval, relief from regulatory requirements

Suspension, revocation of approval

PART VII

DRINKING-WATER TESTING

Authorization of drinking-water tests

Requirement for licence

Accreditation of Laboratories

Accreditation body for drinking-water testing

Obligations of accreditation body

Accreditation agreement

Compliance with audit

Report by auditor of violations

Obligation to report suspension or revocation of accreditation

Not an agent of the Crown

Annual reports, etc., by accreditation bodies

Drinking-water Testing Licences

Applications

Director's decision, drinking-water testing licence

Licence to authorize test at non-accredited laboratory

Licence conditions

Director's direction

Licence amendment, renewal

Revocation of licence

Suspension of licence

Public health endangered if decision stayed

PART VIII

INSPECTIONS

Inspection

Authority to stop vehicles and vessels

Power to administer other statutes

Entry to dwellings

Identification

Entry, etc., may be prohibited

Order of justice prohibiting entry, etc.

Securing a place or thing

Entry or inspection order

Samples and copies

Seizure during inspection

Search without warrant

Detention or removal

Report to justice

Disposal of certain things

Notice of disposal

Forfeiture may be ordered

Relief against forfeiture

Use of force

Use of investigative device

Restoration

Police assistance

Additional inspection

PART IX

COMPLIANCE AND ENFORCEMENT

Interpretation

Order by provincial officer: contraventions

Order by provincial officer: drinking-water system

Request for review

Minister's order, imminent drinking-water

health hazard

Director's order, imminent drinking-water

health hazard

Notice of emergency response

Order to decommission

Order to continue operation

Appointment of interim operating authority

Order to provide service

Water supply after order under s. 114

Supply of water from deficient system

Temporary relief from strict compliance

Entry without judicial order

Order for preparation of operational plans

Power to restrain by action

Administrative penalties

Order to pay

Order to pay may be enforced as judgment of the Superior Court of

Justice

Collection of costs by tax lien

Costs may be recovered from deposit or financial assurance

PART X

APPEALS

Meaning of "Director"

Reviewable decisions

Notice of reviewable decision

Right to appeal to Tribunal

Parties to hearing

Stay of decision pending hearing

Powers of Tribunal

Appeal from order to pay costs

Appeal to Divisional Court, question of law

Appeal to Minister, other questions

Stay of decision on appeal

PART XI

OFFENCES

Obstruction prohibited

False information

Refusal to furnish information

Offences

Amount of fine, etc.

Penalty for certain offences

Offences that result in drinking-water health hazard

Subsequent conviction

Penalty re monetary benefit

Order to prevent damage, etc.

Power to restrain by order upon conviction

Restitution orders

Forfeiture on conviction

Where fine not paid

Costs of seizure, etc.

Suspension for default in payment of fine

Limitations

Service of offence notice, etc., offences re vehicles

Service of offence notice or summons

PART XII

MISCELLANEOUS

Service

Fees

Protection from personal liability

Official documents as evidence

Electronic signature

Joint and several liability

Orders and instruments, consequential authority

Administrative changes to instruments

Binds the Crown

Binding successors, assigns, etc.

Conflict

Regulations, Lieutenant Governor in Council

Regulations, Minister

Regulations, Minister re non-municipal drinking-water systems

Regulations, general rules

PART XIII

COMPLEMENTARY AMENDMENT

Amendment to Health Protection and Promotion Act

PART XIV

COMMENCEMENT AND

SHORT TITLE

Commencement

Short title

______________

PART I

INTERPRETATION

Purposes

1. The purposes of this Act are as

follows:

1. To recognize that the people of Ontario are entitled to expect their

drinking water to be safe.

2. To provide for the protection of human health and the prevention of

drinking-water health hazards through the control and regulation of

drinking-water systems and drinking-water testing.

Interpretation

Definitions

(1) In this Act,

"accredited operating authority" means an operating authority accredited

under

Part IV; ("organisme d'exploitation agréé")

"Agency" means the Ontario Clean Water Agency established under the

Capital Investment Plan Act, 1993 ; ("Agence")

"alteration" includes the following, in respect of a drinking-water

system, but excludes repairs to the system:

1. an extension of the system,

2. a replacement of part of the system,

3. a fragmentation of the system, and

4. taking all or part of the system permanently out of service;

("transformation", "transformer")

"deficiency" means, in respect of a drinking-water system, a violation

under this Act that is prescribed as a deficiency for the purposes of this

Act; ("défaillance")

"distribution system" means the part of a drinking-water system that is

used in the distribution, storage or supply of water and that is not part of

a treatment system; ("réseau de distribution")

document" includes a sound recording, video tape, film, photograph, chart,

graph, map, plan, survey, book of account, and information recorded or stored

by means of any device; ("document")

"drinking water" means,

(

a) water intended for human consumption, or

(

b) water that is required by

an Act, regulation, order, municipal by-law

or other document issued under the authority of

an Act,

(

i) to be potable, or

(ii) to meet or exceed the requirements of the prescribed drinking water

quality standards; ("eau potable")

"drinking-water health hazard" means, in respect of a drinking-water

system,

(

a) a condition of the system or a condition associated with the system's

waters, including any thing found in the waters,

(

i) that adversely affects, or is likely to adversely affect, the health

of the users of the system,

(ii) that deters or hinders, or is likely to deter or hinder, the

prevention or suppression of disease, or

(iii) that endangers or is likely to endanger public health,

(

b) a prescribed condition of the drinking-water system, or

(

c) a prescribed condition associated with the system's waters or the

presence of a prescribed thing in the waters; ("danger de l'eau potable pour

la santé")

"drinking-water system" means a system of works, excluding plumbing, that

is established for the purpose of providing users of the system with drinking

water and that includes,

(

a) any thing used for the collection, production, treatment, storage,

supply or distribution of water,

(

b) any thing related to the management of residue from the treatment

process or the management of the discharge of a substance into the natural

environment from the treatment system, and

(

c) a well or intake that serves as the source or entry point of raw water

supply for the system; ("réseau d'eau potable")

"drinking-water test" means a test for the purposes of this Act to assist

in the determination of the quality of any waters in respect of a

drinking-water system, and includes a prescribed test; ("analyse de l'eau

potable")

"drinking-water testing licence" means a licence to provide a

drinking-water testing service issued under

Part VII; ("permis d'analyse de

l'eau potable")

"drinking-water testing service" means a service that involves the conduct

of one or more drinking-water tests; ("service d'analyse de l'eau

potable")

"drinking-water works permit" means a permit issued under

Part V; ("permis

d'aménagement de station de production d'eau potable")

"fragmentation" means,

(

a) in respect of a municipal drinking-water system, the replacement of

all or part of the system with all or part of a non-municipal drinking-water

system, and

(

b) in respect of a non-municipal drinking-water system that is in a class

prescribed for the purposes of subsection 52 (2), the replacement of all or

part of the system with a non-municipal drinking-water system that is not in

a class prescribed for the purposes of that subsection; ("fragmentation")

"justice" means a provincial judge or a justice of the peace; ("juge")

"lab

Document details

Collection	Ontario — Bills
Citation	Bill 195, 37-3
Type	bill
Volume / chapter	p37 s3 bill 195 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	79b0d5711234436f6956f74566487fa658c58cbb

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