Supplies Regulations
N.S. Reg. 186/2005
Nova Scotia — Regulations
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Part II .
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Water and Wastewater Facilities and Public Drinking Water Supplies Regulations
made under Sections 66 and 110 of the
Environment Act
S.N.S. 1994-95, c. 1
O.I.C. 2005-426 (effective September 30, 2005), N.S. Reg. 186/2005
amended to O.I.C. 2026-29 (effective January 26, 2026), N.S. Reg. 29/2026
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations .
Interpretation
Citation
Definitions
Part 1—Facility Classification and Operator Certification
Definitions for
Part 1
Administrator
Amendment of Facility Classification Standards and Transition Plan Guide
Facility Classifications
Types and classes of facilities
Facility must have facility classification certificate
Application and issuance of facility classification certificate
Classification of water treatment facility
Classification of water distribution facility
Classification of wastewater treatment facility
Classification of wastewater collection facility
Re-classification of facility after modification or extension
Operator Certification
Types and classes of operator certification certificates
Deemed certification of operator
Reciprocal certification of operator
Deemed certification of operator with water or wastewater treatment certificate
Operator certification certificate application
Education and operating experience requirements for operator certification certificate
Exam requirements for operator certification certificate
Substituting surplus education for operating experience
Substituting surplus operating experience for education
Operator certification certificate
Renewal of operator certification certificate
Expired operator certification certificates
Owner must provide resources to get required CEUs
Facility Operation
Facility must have qualified operator in overall direct responsible charge
Qualifications of operator in overall direct responsible charge
Absence of operator in overall direct responsible charge
Transition plan for facility without designated operator
Part 2—Monitoring of Public Drinking Water Supplies
Definitions for
Part 2
Public drinking water supply exemptions
Registration of public drinking water supply
Regular testing and monitoring
Immediate notification and corrective action
Duty to provide safe drinking water
Classification of public drinking water supplies
Interpretation
Citation
1 These regulations may be cited as the Water and Wastewater Facilities and Public
Drinking Water Supplies Regulations .
Definitions
2 In these regulations,
“Act” means the Environment Act ;
“Department” means the Department of Environment and Labour;
“facility” means a water treatment facility, a wastewater treatment facility, a water
distribution facility or a wastewater collection facility that must be classified under
these regulations;
“Minister” means the Minister of Environment and Labour.
Part 1—Facility Classification and Operator Certification
Definitions for
Part 1
3 In this Part,
“administrator” means, as defined in the Act, a person appointed by the Minister
for the purpose of the Act, and includes an acting administrator;
“ABC” means the Association of Boards of Certification, an organization that
facilitates communication and co-operation between environmental certifying
authorities in the United States and Canada and that is recognized by the Province
for recommending standards and guidelines for the classification of water systems
and wastewater systems and for the certification of operators;
“Atlantic Canada Water and Wastewater Voluntary Certification Board” means the
board established by the constitution of the Atlantic Canada Water and Wastewater
Voluntary Certification Program;
“CEU” means a continuing education unit granted for 10 hours of participation in a
continuing education program that is relevant to the operation of a facility;
“direct responsible charge” means direct responsibility for a process that controls
the effectiveness or efficiency of a facility;
“extension” means an increase in
(
i) the size of a facility, or
(ii) the volume of water or wastewater treated or received by a facility;
“facility classification certificate” means a certificate issued in accordance with
these regulations that states the classification type and class of each facility listed
on the certificate;
“ Facility Classification Standards ” means the most recent version of the standards
for classifying water and wastewater facilities published by the Department;
“modification” means an alteration to a facility that does one of the following, but
does not change the purpose or function of the facility:
(
i) adds a new structure, equipment or process,
(ii) eliminates an existing structure, equipment or process;
“operator” means a person who directs, adjusts, inspects, tests or evaluates an
operation or a process that controls the effectiveness or efficiency of a facility;
“operator certification certificate” means a certificate of qualification issued or held
under these regulations to an operator for a type of facility that states the class of
the operator;
“operating experience” means experience as an operator that is acceptable to an
administrator and includes experience being in direct responsible charge or overall
direct responsible charge;
“overall direct responsible charge” means direct responsibility designated by an
owner for the overall operation, repair and maintenance of a facility;
“ Transition Plan Guide ” means the most recent version of the guide published by
the Department for preparing a plan under
Section 30 for a facility without a
designated operator;
“wastewater” means sewage derived principally from a residential or non-industrial
operation, but does not include industrial process wastewater from an activity
designated under the Activities Designation Regulations made under the Act.
Administrator
4 The Minister may appoint an administrator to administer these regulations.
Amendment of Facility Classification Standards and Transition Plan Guide
5 The Department must consult with stakeholders before amending the Facility
Classification Standards or the Transition Plan Guide .
Facility Classifications
Types and classes of facilities
(1) The 4 facility types are as follows:
(
a) water treatment facility;
(
b) water distribution facility;
(
c) wastewater treatment facility;
(
d) wastewater collection facility.
(2) The 4 classes of water treatment facilities and wastewater treatment facilities are
Class I, Class II, Class III and Class IV.
(3) The 3 classes of water distribution facilities and wastewater collection facilities are
Class I, Class II and Class III.
Facility must have facility classification certificate
(1) An owner of a new or non-operational facility must obtain a facility classification
certificate for the facility under these regulations before the facility begins
operating.
(2) A facility is deemed to have a facility classification certificate issued under these
regulations at an equivalent class level if, on the date these regulations come into
force, it has an unexpired classification certificate issued
(
a) by the Atlantic Canada Water and Wastewater Voluntary Certification
Board; or
(
b) under the Water and Wastewater Facility Classification Regulations , N.S.
Reg. 60/95, made by the Governor in Council by Order in Council 95-299
dated April 11, 1995.
(3) Except for an owner of a facility that is deemed to have a facility classification
certificate under subsection (2), an owner of a facility that is operational on the
date these regulations come into force must obtain a facility classification
certificate under these regulations for the facility no later than 1 year after the date
these regulations come into force.
Application and issuance of facility classification certificate
(1) An owner of a facility must apply for a facility classification certificate by
submitting all of the following to an administrator:
(
a) a properly completed application on a form approved by the Minister or an
administrator;
(
b) the fee established by the Minister.
(2) If a facility must be classified and meets the requirements of these regulations, an
administrator must classify the applicant’s facility as to both type and class in
accordance with these regulations and issue the facility an appropriate facility
classification certificate.
(3) If an owner has more than one facility, an administrator may issue one facility
classification certificate for all the facilities.
Classification of water treatment facility
(1) A publicly or privately owned system for treating potable water must be classified
under these regulations as a water treatment facility.
(2) Despite subsection (1), the following systems are not required to be classified
under these regulations:
(
a) a bottled water treatment facility;
(
b) a publicly or privately owned system for treating potable water that is a
transient public drinking water supply, as defined in
Part 2;
(
c) water treatment equipment used in private residences.
(3) Despite subsection (1), a groundwater supply that only disinfects must be classified
as required by
Section 10.
(4) Once an administrator has classified a facility as a water treatment facility under
subsection (1), an administrator must assign points in accordance with Table 1 of
the Facility Classification Standards to the facility and must classify the facility as
a Class I, II, III or IV facility in accordance with the points assigned and as shown
in the following table:
Points Received
Class of Facility
30 points or less
Class I
31-55 points
Class II
56-75 points
Class III
76 points or more
Class IV
Classification of water distribution facility
(1) A publicly or privately owned system for producing, collecting, storing or
transmitting potable water must be classified under these regulations as a water
distribution facility.
(2) A groundwater supply that only disinfects must be classified under these
regulations as a water distribution facility.
(3) Despite subsections (1) and (2), the following systems are not required to be
classified under these regulations:
(
a) a publicly or privately owned system for producing, collecting, storing or
transmitting potable water that serves less than 500 persons;
(
b) a publicly or privately owned system for producing, collecting, storing or
transmitting potable water that is a transient public drinking water supply, as
defined in
Part 2.
(4) Once an administrator has classified a facility as a water distribution facility under
subsection (1) or (2), an administrator must classify the facility as a Class I, II or III
facility in accordance with the population it serves and as shown in the following
table:
Population Served
Class of Facility
500 - 1500
Class I
1501 - 15 000
Class II
15 001 or more
Class III
Classification of wastewater treatment facility
(1) A publicly or privately owned system for treating and disposing of wastewater
must be classified under these regulations as a wastewater treatment facility.
(2) Despite subsection (1), an on-site sewage disposal system as defined in the On-site
Sewage Disposal Systems Regulations made under the Act is not required to be
classified under these regulations.
(3) Despite subsection (1), a wastewater system with only collection pipes, lift stations
or disinfection must be classified as required by
Section 12.
(4) Once an administrator has classified a facility as a wastewater treatment facility
under subsection (1), an administrator must assign points in accordance with Table
2 of the Facility Classification Standards to the facility and must classify the
facility as a Class I, II, III or IV facility in accordance with the points assigned and
as shown in the following table:
Points Received
Class of Facility
30 points or less
Class I
31-55 points
Class II
56-75 points
Class III
76 points or more
Class IV
Classification of wastewater collection facility
(1) A publicly or privately owned system for collecting or transmitting wastewater
must be classified under these regulations as a wastewater collection facility.
(2) A wastewater system with only collection pipes, lift stations or disinfection must
be classified under these regulations as a wastewater collection facility.
(3) Despite subsections (1) and (2), the following systems are not required to be
classified under these regulations:
(
a) a publicly or privately owned system for collecting or transmitting
wastewater that serves less than 500 persons;
(
b) an on-site sewage disposal system, as defined in the On-site Sewage
Disposal Systems Regulations made under the Act.
(4) Once an administrator has classified a facility as a wastewater collection facility
under subsection (1) or (2), an administrator must classify the facility as a Class I,
II or III facility in accordance with the population it serves and as shown in the
following table:
Population Served
Class of Facility
500 - 1500
Class I
1501 - 15 000
Class II
15 001 or more
Class III
Re-classification of facility after modification or extension
(1) If a facility is or will be modified or extended after a facility classification
certificate is issued for the facility, the owner of the facility must notify an
administrator and provide complete details of the modifications or extensions.
(2) No later than the 30 th day after receiving a notice of a modification or extension, an
administrator must advise the owner of the facility in writing whether the facility’s
current classification must be changed.
(3) If a facility’s classification must be changed because of a modification or
extension,
(
a) no later than the 90 th day after being advised by an administrator, the owner
of the facility must pay a fee established by the Minister for a new facility
classification certificate; and
(
b) no later than the 30 th day after receiving the required fee, an administrator
must classify the facility in accordance with these regulations and issue the
facility an appropriate new facility classification certificate.
Operator Certification
Types and classes of operator certification certificates
(1) An administrator may issue the following types of operator certification
certificates:
(
a) water treatment operator certification certificate;
(
b) water distribution operator certification certificate;
(
c) wastewater treatment operator certification certificate;
(
d) wastewater collection operator certification certificate.
(2) Each type of operator certification certificate must be issued in one of the
following classes:
(
a) Operator-in-training;
(
b) Class I;
(
c) Class II;
(
d) Class III;
(
e) Class IV.
Deemed certification of operator
15 An operator who holds a certificate qualifying them to be an operator issued by one of
the following is deemed to hold an operator certification certificate, for the equivalent
type of facility and at an equivalent class level, for 2 years after the date these regulations
come into force, unless the certificate is sooner replaced, suspended or cancelled by the
Minister:
(
a) the Atlantic Canada Water and Wastewater Voluntary Certification Board;
(
b) an administrator.
Reciprocal certification of operator
16 An operator who is certified by the ABC or by a certification agency recognized by the
Department as equivalent to the ABC may be issued an operator certification certificate
by an administrator for an equivalent type of facility at a class level at the discretion of
an administrator, if the person applies and provides the information requested by an
administrator.
Deemed certification of operator with water or wastewater treatment certificate
(1) Unless the water treatment operator certification certificate states otherwise, an
operator who holds a valid Class I, Class II, Class III or Class IV water treatment
operator certification certificate is deemed to also hold a Class I water distribution
operator certification certificate for the purposes of operating components in a
water distribution facility that affect a water treatment facility.
(2) Unless the wastewater treatment operator certification certificate states otherwise, a
person who holds a Class I, Class II, Class III or Class IV wastewater treatment
operator certification certificate is deemed to also hold a Class I wastewater
collection operator certification certificate for the purposes of operating
components in a wastewater collection facility that affect a wastewater treatment
facility.
Operator certification certificate application
18 To apply for an operator certification certificate, an applicant must submit all of the
following to the Minister:
(
a) a properly completed application, on a form approved by the Minister or an
administrator;
(
b) proof that they have met the education requirements of
Section 19;
(
c) proof that they have met the operating experience requirements of
Section
19;
(
d) before their certificate is issued, proof that they have passed the exam as
required by
Section 20;
(
e) before their certificate is issued, the fee established by the Minister.
Education and operating experience requirements for operator certification certificate
(1) An applicant for an operator certification certificate must meet the education and
operating experience requirements for the class of certificate applied for as set out
in the following table:
Education and Operating Experience Requirements
for Classes of Operator Certification Certificates
Operator-in-training certificate
Education
Operating experience
grade 12 high school diploma, or
general equivalency diploma (GED), or
equivalent education
none
Class I operator certification certificate
Education
Operating experience
grade 12 high school diploma, or
general equivalency diploma (GED), or
equivalent education
1 year of operating experience at a
Class I or higher facility
Class II operator certification certificate
Education
Operating experience
grade 12 high school diploma, or
general equivalency diploma (GED), or
equivalent education
3 years of operating experience at a
Class I or higher facility
Class III operator certification certificate
Education
Operating experience
grade 12 high school diploma, or
general equivalency diploma (GED), or
equivalent education
and
2 years of post-secondary education, or
90 CEUs of acceptable training
4 years of operating experience at a
Class II or higher facility, including
2 years of direct responsible charge
experience
Class IV operator certification certificate
Education
Operating experience
grade 12 high school diploma, or
general equivalency diploma (GED), or
equivalent education
and
4 years of post-secondary education, or
180 CEUs of acceptable training
4 years of operating experience at a
Class III or higher facility, including
2 years of direct responsible charge
experience
(2) Post-secondary education or CEUs required for an operator certification certificate
must be
(
a) in engineering, the water or wastewater field or in a related science; or
(
b) acceptable to an administrator.
(3) Operating experience required for an operator certification certificate must be
(
a) acquired through actual operating experience at the same type of facility as
the type of certificate that is applied for; and
(
b) acceptable to an administrator.
(4) Direct responsible charge experience required for an operator certification
certificate must be experience acquired while in direct responsible charge or
overall direct responsible charge.
Exam requirements for operator certification certificate
(1) An applicant for a operator certification certificate must write and pass an exam for
the type and class of certificate applied for.
(2) An exam for an operator certification certificate must be approved by the Minister
or an administrator and the pass mark for the exam must be set by the Minister or
an administrator.
(3) An applicant for a Class I, II, III or IV operator certification certificate may write
an exam only if all of the following apply:
(
a) they already hold the same type of operator certification certificate in the
next lower class;
(
b) their operator certification certificate is valid;
(
c) they have the operating experience and education required by
Section 19.
(4) An applicant for an Operator-in-training operator certification certificate may write
an exam only for an Operator-in-training certification certificate.
(5) Despite clause (3)(a), an applicant who is deemed to hold a Class I water
distribution or Class I wastewater collection operator certification certificate under
Section 17 must write and pass an exam for a Class I operator certification
certificate before they are permitted to write an exam for a Class II operator
certification certificate.
(6) Despite clause (3)(c), an administrator may, in accordance with guidelines and
policies established by the Department, allow an applicant to write an exam before
the applicant has the operating experience required for the type and class of
operator certification certificate applied for if the applicant already holds an
operator certification certificate that is valid, of the same type and in the next lower
class.
Substituting surplus education for operating experience
(1) An applicant for a Class II, III or IV operator certification certificate who does not
have the operating experience for the class of certificate applied for as set out in
Section 19 may substitute surplus education for the required operating experience
in accordance with, and up to the maximums set out in the following table:
Surplus Education that may be Substituted
for Required Operating Experience
Class of
Certificate
Surplus Education
May be Substituted
for
Maximum
Substitution
Class I
no substitution
permitted
Class II
1 year of post-secondary education
45 CEUs of
acceptable training
1 year of operating
experience
Up to 50% of
operating experience
Class III or
Class IV
1 year of post-secondary education
45 CEUs of
acceptable training
1 year of operating
experience
1 year of direct
responsible charge
experience
Up to 50% of
operating experience
Up to 50% of direct
responsible charge
experience
(2) Surplus education that is substituted in accordance with subsection (1) for required
operating experience
(
a) must meet the requirements of subsection 19(2); and
(
b) cannot be used as education required for an operator certification certificate.
Substituting surplus operating experience for education
(1) An applicant for an operator certification certificate who does not have the
education for the class of certificate applied for as set out in
Section 19 may
substitute surplus operating experience for the required education in accordance
with, and up to the limits set out in the following table:
Surplus Operating Experience that may be Substituted
for Required Education
Class of
Certificate
Surplus Operating
Experience
May be Substituted
for
Maximum
Substitution
All Classes
1 year of operating
experience
2 years of grade
school (grades 1 to 8)
no limit
All Classes
1 year of operating
experience
1 year of high school
(grades 9 to 12)
no limit
Class III
1 year of direct
responsible charge
experience in a Class
II or higher facility
1 year of post-secondary education
1 year of post-secondary
education
Class IV
1 year of direct
responsible charge
experience in a Class
III or higher facility
1 year of post-secondary education
2 years of
post-secondary
education
(2) Surplus operating experience that is substituted in accordance with subsection
(1) for required education
(
a) must meet the requirements of subsections 19(3) and (4); and
(
b) cannot be used as operating experience required for an operator certification
certificate.
Operator certification certificate
(1) An applicant who satisfies the requirements of these regulations for the type and
class of operator certification certificate applied for may be issued a certificate
under subsection 64(1) of the Act.
(2) An operator certification certificate must be in a form approved by the Minister or
an administrator.
(3) An operator certification certificates expires 4 years after the date it is issued.
(4) An operator certification certificate is not transferable.
(5) An operator must produce their operator certification certificate to an administrator
or inspector on request.
Renewal of operator certification certificate
(1) A certified operator may renew their operator certification certificate by submitting
all of the following to the Minister at least 60 days before the date their certificate
expires:
(
a) a properly completed renewal application, on a form approved by the
Minister or an administrator;
(
b) the renewal fee established by the Minister;
(
c) for a Class I or II operator,
(
i) if the operator has not been designated in overall direct responsible
charge, proof satisfactory to an administrator that the operator
completed at least 2.4 CEUs of acceptable training during the term of
their current certificate, or
(ii) if the operator has been designated in overall direct responsible
charge, proof satisfactory to an administrator that the operator
completed at least 4.8 CEUs of acceptable training during the term of
their current certificate;
(
d) for a Class III or Class IV operator, proof satisfactory to an administrator
that the operator completed at least 4.8 CEUs of acceptable training during
the term of their current certificate.
(2) An Operator-in-training operator certification certificate is not renewable.
Expired operator certification certificates
(1) An operator certification certificate that has expired and has not been renewed
under
Section 24 may be re-issued for the same type and class of operator
certification certificate if the holder submits all of the following to the Minister:
(
a) a properly completed renewal application, on a form approved by the
Minister or an administrator;
(
b) the fee established by the Minister;
(
c) proof satisfactory to an administrator that the operator has obtained the
CEUs of acceptable training required by clause 24(1)(
c) or (d).
(2) An operator who applies to renew an operator certification certificate that has been
expired for 3 years or longer must re-write and pass the exam for the type and class
of certificate applied for.
Owner must provide resources to get required CEUs
26 An owner of a facility must provide the resources necessary for an operator to get the
CEUs of acceptable training required to renew their operator certification certificate.
Facility Operation
Facility must have qualified operator in overall direct responsible charge
(1) An owner of a new or non-operational facility must designate an operator who
meets the requirements of
Section 28 to be in overall direct responsible charge
before the facility begins operating.
(2) An owner of a facility that is operational on the date these regulations come into
force and that has a facility classification certificate must designate an operator
who meets the requirements of
Section 28 to be in overall direct responsible charge
no later than the 30 th day after the date these regulations come into force.
(3) Despite subsections (1) and (2), an owner of
(
a) a non-transient public drinking water supply, as defined in
Part 2, that must
be classified under
Section 9 or 10 as a water treatment facility or a water
distribution facility; or
(
b) a facility that under subsection 7(3) must obtain a facility classification
certificate no later than 1 year after the date these regulations come into
force,
must designate an operator who meets the requirements of
Section 28 to be in
overall direct responsible charge before the applicable date as set out in the
following table and in accordance with the facility’s required class:
Class of Facility
Deadline for Designating Operator who Meets
Section 28 Requirements
Class I
October 1, 2008
Class II
October 1, 2009
Class III
October 1, 2010
Class IV
October 1, 2011
(4) Once a facility is required to have an operator designated to be in overall direct
responsible charge, the owner of the facility must ensure that there is always an
operator who meets the requirements of
Section 28 designated and in overall direct
responsible charge.
Qualifications of operator in overall direct responsible charge
(1) An operator who is in overall direct responsible charge must hold a valid operator
certification certificate that is
(
a) applicable to the type of facility; and
(
b) at a class level that is equal to or greater than the class of the facility.
(2) An owner must not designate an operator-in-training to be in overall direct
responsible charge.
Absence of operator in overall direct responsible charge
(1) If the operator in overall direct responsible charge is absent or unable to act, an
owner must
(
a) designate another operator who meets the requirements of
Section 28 to be
in overall direct responsible charge; or
(
b) despite subsection 27(4), assign temporary overall direct responsible charge
to an operator who holds a valid operator certification certificate that is
(
i) applicable to the type of facility, and
(ii) at a class level that is no more than one class lower than the class of
the facility.
(2) Temporary overall direct responsible charge for a facility must not be assigned
under clause (1)(
b) for more than 150 days in any consecutive 12 months.
(3) An owner must not assign temporary overall direct responsible charge under clause
(1)(
b) to an operator who holds an Operator-in-training operator certification
certificate.
Transition plan for facility without designated operator
(1) An owner must submit a transition plan to an administrator if
(
a) despite subsection 27(4), they cannot designate an operator who meets the
requirements of
Section 28 to be in overall direct responsible charge; and
(
b) they cannot assign temporary overall direct responsible charge to an
operator who meets the requirements of clause 29(1)(b).
(2) A transition plan must be
(
a) acceptable to an administrator and in accordance with the Transition Plan
Guide ; and
(
b) submitted to an administrator no later than 90 days after the first day that the
facility is without an operator who meets the requirements of
Section 28
designated and in overall direct responsible charge as required by
Section
Part 2—Monitoring of Public Drinking Water Supplies
Definitions for
Part 2
31 In this Part,
“authorized laboratory” means a laboratory for testing drinking water that
(
i) meets accreditation criteria acceptable to the Minister, and
(ii) is a party to a current memorandum of understanding with the
Minister regarding standards and responsibilities for drinking water
testing;
“ Food Safety Regulations ” means the Food Safety Regulations made under the
Health Protection Act ;
“Guidelines” means the most recent version of the Guidelines for Monitoring
Public Drinking Water Supplies,
Part I: Municipal Public Drinking Water
Supplies and
Part II: Registered Public Drinking Water Supplies published by the
Department;
“ Guidelines for Canadian Drinking Water Quality ” means the most recent version
of the drinking water quality guidelines published by the federal Department of
Health;
“non-transient public drinking water supply” means a public drinking water supply
that provides water to at least 25 of the same persons at least 6 months of the year;
“owner” means a person who owns, operates or maintains a public drinking water
supply;
“public drinking water supply” means a water supply system that meets any of the
following criteria:
(
i) it has at least 15 service connections or residential units,
(ii) it serves 25 or more persons per day for at least 60 days in a year,
(iii) it serves any of the following for at least 60 days in a year:
(
A) a facility licensed in accordance with the Early Learning and
Child Care Act ,
(
B) a food establishment that requires an eating establishment
permit or seasonal eating establishment permit under the Food
Safety Regulations ,
(
C) a property used or intended to be used wholly or in part for the
accommodation of persons for camping or for the parking of
recreational vehicles or a property featuring buildings with at
least 1 room used or intended to be used wholly or in part as an
accommodation for camping,
(
D) a commercial property for the accommodation of the travelling
or vacationing public containing more than 4 rental units,
including cottages or cabins;
“residential unit” means a house, cabin, cottage, apartment unit, condominium unit,
mobile home or other structure serving as a place of residence or accommodation;
“transient public drinking water supply” means a public drinking water supply that
regularly provides water in a place where persons do not remain for long periods of
time;
“water supply system” means a water source or combination of water sources that
(
i) is supplied or used for the purpose of providing water for human
consumption to persons, residential units, facilities or establishments,
and
(ii) may include any of the following:
(
A) an intake,
(
B) a treatment facility,
(
C) a storage facility,
(
D) transmission or distribution infrastructure;
“water used for human consumption” includes water used for drinking, bathing,
showering, oral hygiene, cooking, food preparation or dishwashing.
“workplace” means a workplace as defined in the Occupational Health and Safety
Act .
Public drinking water supply exemptions
31A
(1) A workplace whose water supply system meets the definition of a “public drinking
water supply” solely because it meets the criteria in subclause (ii) of the definition
is exempt from the application of the definition if the water supply system in the
workplace is used or intended to be used solely by employees in the workplace.
(2) A facility or establishment whose water supply system meets the definition of a
“public drinking water supply” solely because it meets the criteria in subclause (ii)
of the definition because it has a washroom available to the public is exempt from
the requirement to register in subsection 32(1).
(3) A food establishment that holds a foodshop permit issued under the Food Safety
Regulations is exempt from the requirement to register in subsection 32(1).
Registration of public drinking water supply
(1) A person must not own, operate or maintain a public drinking water supply unless
they register the public drinking water supply with the Department on a form
approved by the Minister or an administrator.
(2) A public drinking water supply that has a municipal water works approval issued
under the Activities Designation Regulations made under the Act is deemed to be
registered with the Department.
Regular testing and monitoring
(1) An owner must regularly sample, test and monitor their public drinking water
supply for all of the following:
(
a) microbiological quality;
(
b) general chemical and physical quality;
(
c) disinfection residual, if the owner is using a disinfection system;
(
d) source and treated water turbidity, if the owner is using chemically assisted
filtration;
(
e) fluoride concentrations, if the owner is using fluoridation;
(
f) any substances required by the Minister or an administrator.
(2) An owner must ensure that samples collected under subsection (1) are tested at an
authorized laboratory in the manner and with the frequency set out in the
Guidelines or as otherwise required by the Minister or an administrator.
(3) An owner must record the results of tests performed under subsection (2) and
forward them to an administrator in accordance with the Guidelines or as otherwise
required by the Minister or an administrator.
(4) An owner is deemed to authorize and direct the authorized laboratory that tests
their sample under subsection 33(2) to forward the test results to the Department in
the manner and with the frequency required by the Minister or an administrator.
Immediate notification and corrective action
(1) An owner must immediately notify the Minister or an administrator as soon as they
are aware of any of the following:
(
a) the public drinking water supply does not meet the microbiological,
chemical or physical criteria set out in the Guidelines for Canadian
Drinking Water Quality ;
(
b) an incident of raw water contamination;
(
c) evidence of an outbreak of waterborne illness;
(
d) suspected cross-connection or negative pressure;
(
e) ineffective disinfection due to high turbidity, equipment malfunctions or
high chlorine demand.
(2) If an owner knows of an event listed in subsection (1), the owner must take
corrective action as set out in the Guidelines or as otherwise required by the
Minister or an administrator.
(3) An owner is deemed to authorize and direct the authorized laboratory that tests
their samples under subsection 33(2) to immediately notify and forward to the
Department any test results that are above the maximum acceptable concentration
of any substance as set out in the Guidelines for Canadian Drinking Water
Quality.
Duty to provide safe drinking water
35 An owner must ensure that the microbiological, chemical and physical characteristics of
their public drinking water supply do not exceed the maximum acceptable concentration
for substances as set out in the Guidelines for Canadian Drinking Water Quality .
Classification of public drinking water supplies
(1) A non-transient public drinking water supply must be classified under
Part 1 and
must comply with
Part 1.
(2) A transient public drinking water supply is not required to be classified under
Part
1 or to comply with
Part 1.
Legislative History
Reference Tables
Water and Wastewater Facilities and Public Drinking
Water Supplies Regulations
N.S. Reg.
186/2005
Environment Act
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only.
Source Law
The current consolidation of the Water and Wastewater Facilities and Public Drinking Water
Supplies Regulations made under the Environment Act includes all of the following regulations:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
186/2005
Sep
30, 2005
date
specified
Oct
14, 2005
181/2009
Apr 1,
date
specified
Apr
24, 2009
89/2017
Apr
28, 2017
date
specified
May
12, 2017
166/2019
Apr 1, 2020
date specified
Nov 8, 2019
29/2026
Jan 26, 2026
date specified
Feb 6, 2026
The following regulations are not
yet in force and are not included in the current consolidation:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs . = repealed and substituted
Provision affected
How affected
2 ........................................................
am. 166/2019 (clause letters removed)
3 ........................................................
am. 166/2019 (clause letters removed)
31 ......................................................
am. 166/2019 (clause letters removed)
31, defn . of “authorized
laboratory” ..................................................
ad. 166/2019
31, defn . of “ Food
Safety Regulations ” .............................
ad. 29/2026
31, defn . of “Guidelines” ............
rs . 166/2019
31(e), defn . of “public
drinking water supply” .....................................
am. 89/2017; rs . 29/2026
31(e), defn . of “public
drinking water supply” (iii) ..............................
ad. 181/2009
31(e), defn . of “public
drinking water supply” (iii)(B) .........................
rs . 89/2017
31, defn . of “residential
unit” ......
ad. 29/2026
31, defn of “water supply
system”
ad. 29/2026
31(g), defn . of “water
used for human consumption” ...........................
ad. 89/2017
31, defn . of “workplace” .............
ad. 29/2026
31A ...................................................
ad. 29/2026
33(2) .................................................
am. 166/2019
33(4) .................................................
ad. 166/2019
34(3) .................................................
ad. 166/2019
35 ......................................................
am. 166/2019
Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections
Note
Effective
date
The reference in the definition of “public drinking
water supply” in
Section 31 to the Day Care Act should be read as a
reference to the Early Learning and Child Care Act in accordance with
an amendment to the title of the Act made by S.N.S. 2018, c. 33, s. 2, as
proclaimed in force by N.S. Reg. 163/2020.
Oct 27, 2020
The references in
Section 2 to the Department and
Minister of Environment and Labour should be read as references to the
Department and Minister of Environment in accordance with O.I.C. 2008-161
under the Public Service Act , R.S.N.S. 1989, c. 376.
Apr 1, 2008
The references in
Section 2 to the Department and
Minister of Environment and Labour should be read as references to the
Department and Minister of Environment and Climate Change in accordance with
O.I.C. 2021-60 under the Public Service Act , R.S.N.S. 1989, c.
Feb 23, 2021
Repealed and Superseded
N.S.
Regulation
Title
In force
date
Repealed
date
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.