3. Well Contractors & Well Technician Licenses, Responsibilities & Exemptions

Chapter Description

This chapter provides an explanation of the requirements related to licensing for well construction activities. Licensing is a process that sets minimum requirements for experience, knowledge, and familiarity with well construction in Ontario. Well contractor licences are required by a person or partnership or company that engages in the business of well construction. Well technician licences of different classes are required for individuals who work on the construction of wells, unless they are exempt. There are supervision requirements for assistant well technicians who work with well technicians. For activities that are considered to pose a lower environmental risk, exemptions to licensing have been created. There are also requirements for the person abandoning the well (often the well owner) to hire a holder of a well contractor licence unless s/he is exempt.

Regulatory Requirements - Licences

Relevant Sections - The Wells Regulation

• Exemptions – Section 1.0.1 to 1.0.3
• Well Contractor Licence – Sections 2 to 4
• Well Technician Licence – Sections 5 to 7
• Examination – Section 8
• Continuing Education – Well Technicians – Section 8.1
• Assistant Well Technician – Sections 9 to 10
• Abandonment – Subsection 21(13)

The Requirements & Exemptions - Plainly Stated

Unattended

Refers to the circumstance when the person working on a well is no longer in control of or watching the specific well. Examples of leaving the well unattended can include leaving the property, working on another well while not being present at the original well or not being in control of the well site.

Previously Installed

Equipment found already to be installed into the well when arriving at the well is considered to be equipment that has been previously installed. Some monitoring equipment is allowed to be left unattended in wells because the equipment has been previously installed in the wells, for example, a pump and pumping equipment that have been installed in a well by a licensed well technician. The person can use the previously installed pump and pumping equipment to sample water from the well and be exempt from the licensing requirements in respect of sampling and monitoring in the Ontario Water Resources Act.

For the clarification of the terms “minor alteration” and “routine repair” see Chapter 2: Definitions and Clarifications Table 2-1 and Table 2-2 respectively.

Relevant Sections - Additional Regulations Or Lesgislation

Ontario Labour Mobility Act, 2009, S.O. 2009, c. 24

• Ontario Water Resources Act, R.S.O. 1990, Chapter 0.40 – Sections 35 to 50 inclusive

Table 3-1: Activities Permitted by Class of Well Technician Licence

Reminder: Table 3-1 does not apply if the well is a shallow works test hole, shallow works dewatering well or another type of well exempted from the Wells Regulation and the pertinent licensing sections in the Ontario Water Resources Act

Reminder: A well technician licence or well contractor licence is not required if the person doing the construction or abandonment work is the owner of land, a member of the owner’s household or works for free for the owner of the land.

Key Concepts

Well Contractor Licence

The Wells Regulation - No person shall engage in the business of well construction without a valid well contractor licence unless exempt under the Wells Regulation.

Construct

When used with respect to a well, this means bore, dig, drill or otherwise make, extend or alter. Construct also includes installing equipment in or connected to a well (see Table 2-1 in Chapter 2: Definitions & Clarifications).

A well contractor licence authorizes the licence holder to operate a well construction business. A well contractor licence is issued to an applicant whose qualifications and financial responsibility meet the Ministry’s requirements. A well contractor is responsible for holding the required insurance and for ensuring that the Ontario Water Resources Act and the Wells Regulation are complied with. To physically construct wells, a licensed well contractor must hold a well technician’s licence or employ licensed well technicians.

Well Technician Licence - Different Classes

The Wells Regulation - No person shall work at the construction of a well without a valid well technician licence of a prescribed class unless exempt under the Wells Regulation or the Ontario Water Resources Act.

There are five classes of well technician licences which allow a person to perform different construction activities on a well. Four of the five classes (1, 2, 4 and 5) of licences represent common well construction activities using types of equipment or methods that are specified in the Wells Regulation. The other class of well technician licence, called Class 3, allows the Director to issue a licence for a specialized method or piece of well construction equipment. The well technician licence classes under the Wells Regulation are as follows:

Class 1 - Well Drilling

A licence authorizing the holder to construct and supervise the construction of wells by means of well drilling equipment including the following:

• Rotary drilling equipment (e.g., standard, dual rotary, reverse, air, mud and air percussion)
• Cable tool (e.g., churn drill and percussion drill)
• Diamond drilling equipment (e.g., rotary equipment used to construct wells that is commonly associated with mineral exploration)

Class 2 - Well Digging And Boring

A licence authorizing the holder to construct and supervise the construction of wells by means of digging with non-powered equipment or with a back-hoe or power shovel and by means of boring or augering equipment.

Class 3 - Other Well Construction

A licence authorizing the holder to construct and supervise the construction of wells, or a type of well described in the licence, by only the equipment or methods (e.g., sonic, direct push and rehabilitation) specified on the licence.

Class 4 - Pump Installation

A licence authorizing the holder to install or supervise the installation of pumps and related equipment in or connected to a well (e.g., installation of down the well systems for chlorination, pitless adapters and sanitary well seals).

A person, who is licensed as a class 4 well technician, can extend or shorten well casing, construct a well pit (if allowed, see Chapter 9: Equipment Installation) or remove a well pit as long as the activity involves the installation of a pump and its associated equipment.

For example, the above licence allows a person to do the following on a drilled well:

• Remove a well pit around the top of a drilled well and remove waterlines and related associated equipment from an existing drilled well.
• Weld a new piece of well casing from the top of the existing drilled well casing to more than 40 cm above the land surface.
• Create a new hole in the well casing and fit the hole with a pitless adapter connection.
• Connect a horizontal pipe and a drop pipe with a submersible pump to a pitless adapter.
• Backfill the well opening with a suitable sealant that must withstand the weight of humans and vehicles.

A Class 4 well technician licence also allows the holder to install pumps and associated equipment into both the taking well(s) and recharge well(s) of an open loop geothermal earth energy system.

Class 5 - Monitoring, Sampling, Testing And Non-Powered Construction

A licence authorizing the holder to do the following:

• Install and supervise the installation of monitoring, sampling or testing equipment in a well, other than equipment used to test the yield of the well or the aquifer,
• Install and supervise the installation of pumps in a test hole or dewatering well for monitoring, sampling or testing purposes, and
• Construct and supervise the construction of test holes and dewatering wells by any method that does not use powered equipment but
• not the construction of a well that is not a test hole or dewatering well by non-powered equipment activities.

Reminder: A person who holds a Class 4 licence can perform and supervise the equipment installation activities found in the Class 5 licence but not the construction of a well by non-powered equipment activities. A person who holds a Class 1 or Class 2 licence can do and supervise the non powered construction activities found in the Class 5 licence but not the installation activities.

In many cases, activities such as sampling well water or measuring water levels or installing sampling, monitoring and testing equipment in a water supply well are exempt from the Wells section of the Ontario Water Resources Act and the Wells Regulation. See the “Exemptions – Construction Activities” in the Plainly Stated section of this chapter and the “Exempted Construction Activities and Licensing for All Wells” section in this chapter.

The following are examples of activities for which a Class 5 licence is required:

• Installing permanent monitoring equipment in a municipal or domestic well where a pumping or yield test is not being performed.
• Installing a pump and associated pumping equipment in a test hole or dewatering well to test the yield of the well or the aquifer.
• Constructing a test hole and dewatering well without the use of powered equipment if the shallow works exemption does not apply.

Reminder: There is an exemption from Class 5 licensing requirements for experienced, qualified professionals that are either employed by a duly licensed well contractor or are a holder of a well contractor licence (see the “Persons Exempted from Class 5 Licensing” section of this chapter).

Well Technician Licensing Examples:

If a person is undertaking work covered by various classes of licence, for example digging a well and installing a pump, then the person would require a licence with Class 2 and Class 4.

If a person only has a Class 1 licence, the person cannot construct a dug well or install a pump. S/he would require a licence with Class 2 and Class 4 to do both of these activities.

Exemptions From Well Technician Licence

Individual Land Owners And Their Families

• on land owned by the person or by a member of the person’s household; or
• for another person on land owned by the other person or by a member of the other person’s household without remuneration or financial exchange.

Individual land owners and their families can work on wells on their own properties as long as no remuneration or financial exchange occurs. If the land owner is a business (corporation, partnership, sole proprietor) or a provincial government agency, an employee must have a proper well technician licence to construct a well and the business or government agency must have a well contractor licence.

Exempted Construction Activities And Licensing For all Wells

The Wells Regulation - The following well construction activities are exempt from the Wells Regulation requirements and the person doing these activities is exempt from the licensing requirements under the Ontario Water Resources Act (s. 36 to 50):

• Inspecting the well using equipment (e.g., video camera) that is not left unattended in the well.
• Monitoring (e.g., water level indicator), sampling (e.g. small submersible pump, inertial lift pump), or testing (e.g., conductivity, DO and pH meters) the well using equipment that is not used to test the yield of the well or the aquifer and:
  • the equipment is not left unattended in the well, or
  • the equipment was previously installed in the well.

Examples

If a person uses a water level meter solely to measure the water level in the well or the depth of the well, the well licensing and construction requirements of the Ontario Water Resources Act and Wells Regulation do not apply.

The well licensing and construction requirements of the Ontario Water Resources Act and Wells Regulation apply to the use of a water level meter when conducting a test of the well yield.

If an unlicensed person collects water samples and water level data using sampling and monitoring equipment in a water supply well, s/he may take samples and measurements on the well without holding a well technician licence and the well construction requirements of the Ontario Water Resources Act and the Wells Regulation do not apply.

Reminder: There are additional exempted well construction activities and licensing for “test holes” and “dewatering wells” as defined in the Wells Regulation. See section 1.0.2 of the Wells Regulation or Chapter 3 of the Test Holes and Dewatering Wells – Requirements and Best Management Practices for further information.

Person Abandoning The Well

The person abandoning the well (often the well owner) is required to retain the services of a licensed well contractor for any well abandonment operation unless otherwise exempt under the Wells Regulation. For example, individual land owners and their families can work at the abandonment of wells on their own property as long as no remuneration or financial exchange occurs.

For additional information see the “Responsibilities of the Person Abandoning the Well For Abandonment Operations” section in this chapter.

Licensing Requirements

Requirements For Obtaining Licences

Licensing requirements are set out in the Wells Regulation as follows:

• Requirements and obligations for a well contractor licence (Sections 2, 3, 4)
• Requirements and obligations for a well technician licence (Sections 5, 6, 6.1, 7)
• Examination process for a well contractor licence and a well technician licence (Section 8)
• Continuing Education requirements for well technicians (Section 8.1)
• Requirements for an assistant well technician (Section 9)

Requirements For Obtaining A Well Contractor Licence

To obtain a well contractor licence, an applicant must:

• Submit application forms for the licence and examination and pay the applicable fees. The licence application requires the inclusion of a list of employees who:

  • have a well technician licence,
  • have applied for a well technician licence or
  • are experienced professionals exempted by the Wells Regulation.
• Designate at least one official representative of the company. The designated person(s) is (are) responsible to ensure that the Ontario Water Resources Act and Wells Regulation are complied with.
• Be a minimum of age of 18 years. If the applicant is a partnership or a corporation, a partner or director of the entity must be a minimum age of 18 years.

• Hold minimum insurance in a form approved by the Superintendent of Insurance that includes:

  • $2,000,000 or more for property damage arising out of any one incident, and
  • $2,000,000 or more for the death of or bodily injury to any person who is not an employee of the licensee, for each such person.

  The Contract of insurance may:

  • Limit the insurer’s liability under the contract of insurance arising out of any one incident to $5,000,000, and
  • Provide that the insured is responsible for a set amount, up to $1,000 for each claim for which coverage is required.

• Submit the following supporting documentation that the Director requires in conjunction with the licence application:

  • Proof of insurance, and
  • Copy of business licence or proof of incorporation.
• Pass a Ministry examination with a minimum grade of 75% (the examination includes relevant sections of the Wells Regulation and the Ontario Water Resources Act. The examination must be taken and passed by each official representative of the company.
• Provide additional information as may be required by the Director.

Reminder: The well contractor licence applicant is not required to take training courses, but is required to pass a Ministry exam, have an official representative and hold valid insurance. In the event the business is a sole proprietorship (with single owner/operator) the owner is also required to obtain and maintain a valid well technician licence of a prescribed class (see requirements below) unless otherwise exempt under the Wells Regulation.

Responsibilities Of A Well Contractor Licence Holder

The responsibilities of a well contractor licence holder are to:

• Ensure at least one director, officer or partner is designated as the official representative of the licensee at all times, if the licence holder is a corporation or partnership. The official representative must be assigned the responsibility of ensuring that the Wells Regulation and the Ontario Water Resources Act are complied with.
• Possess and maintain the appropriate insurance as outlined above.
• Employ the appropriately licensed well technicians and/or licensed professionals.
• Ensure that the well technicians, other employees and agents comply with the requirements of the Wells Regulation, the Ontario Water Resources Act and any other applicable provincial legislation relevant to constructing a well.
• Submit a well contractor licence renewal application form, required information such as insurance and fee to renew the licence by March 31 of each year.
• Report in writing, any change to information previously provided to the Ministry in relation to the licence to the Director within ten (10) days of the change.

Requirements For Obtaining A Well Technician Licence (Class 1,2,3 or 4)

To obtain a well technician licence (Class 1, 2, 3 or 4), a person must:

• Submit application forms for the licence and examination and pay the applicable fees.
• Successfully complete a course of study of at least 30 hours approved by the Ministry of the Environment and Climate Change. The applicant must provide a transcript to the Ministry along with a completed application for the particular class of licence applied for.

• Demonstrate:

  • 4,000 hours of experience in the field working on well construction projects or helping at projects which must be relevant to the class of licence applied for (e.g., construction of wells by means of well drilling equipment for a Class 1 licence, or installing or assisting with pump installation in or connected to a well for Class 4 licence), or
  • A combination of experience and other qualifications (e.g., licence from another province or jurisdiction, an approved degree or courses from a University or College) that the Director considers equivalent to 4,000 hours of experience. For example, if another type of certification or education is held (e.g., pipe fitter licence, welding or electrical certificate or the 2 year Drilling and Blasting course at Fleming College) the full 4000 hours might not be required at the discretion of the Director.
• Be a minimum age of 18 years.
• Pass a Ministry examination with a grade of 75% (the examination includes relevant sections of the Wells Regulation and the Ontario Water Resources Act).
• Provide additional information as may be required by the Director. For example, letters of reference are typically required to satisfy the Director as to the applicant’s character, qualifications and ability.

Requirements For Obtaining A Well Technician Well Technician Licence (Class 5)

If the applicant is:

• a member of the Association of Professional Engineers of Ontario as an engineer-in-training (EIT),
• a member of the Association of Professional Geoscientists of Ontario as a geoscientist-in-training (GIT), or
• a member of the Ontario Association of Certified Engineering Technicians and Technologists as a technician or technologist-in-training (CTIT)

Then s/he must:

• Submit the application form and pay the applicable licence fee.
• Successfully complete a course of study of at least 15 hours approved by the Ministry of the Environment and Climate Change.

• Have:

  • 500 hours of experience in the field helping at or doing the activity that would be authorized by the Class 5 licence, or
  • a combination of experience and other qualifications (e.g., a licence from another province or jurisdiction, an approved degree or courses from a university or college) that the Director considers equivalent to 500 hours of experience.
• Be a minimum age (18 years).
• Pass a Ministry examination with a minimum grade of 75% (the examination includes relevant sections of the Wells Regulation and the Ontario Water Resources Act).

Reminder: For additional information on the application process including formal education and training on licensing see the contact information in the “Tools for Well Construction Licences” section at the end of this chapter.

If the applicant is anyone other than an EIT, GIT or CTIT, s/he must:

• Submit the application form and pay the applicable licence fee.
• Successfully complete a course of study of at least 30 hours approved by the Ministry of the Environment.

• Have:

  • 1,000 hours of experience in the field helping at or doing the activity that would be authorized by the Class 5 licence, or
  • a combination of experience and other qualifications (e.g., a licence from another province or jurisdiction, an approved degree or courses from a University or College) that the Director considers equivalent to 1,000 hours of experience.
• Be a minimum age (18 years).
• Pass a Ministry examination with a minimum grade of 75% or better (the examination includes relevant sections of the Wells Regulation and the Ontario Water Resources Act).

Persons Exempted From Class 5 Licensing

The following persons may do work or supervise all construction activities described in a class 5 licence without a well technician licence if s/he works for a person who holds a well contractor licence or is himself or herself a holder of a well contractor licence:

• A person who holds a licence, temporary licence or limited licence under the Professional Engineers Act;
• a person who holds a certificate of registration under the of Professional Geoscientists Act, 2000 and who is a practicing, temporary or limited member of the Association of Professional Geoscientists of Ontario (APGO); or
• a person who is registered under subsection 8 (2) of the Ontario Association of Certified Engineering Technicians and Technologists Act, 1998 and who is an ordinary member of the Ontario Association of Certified Engineering Technicians and Technologists (OACETT).

The requirement for a well contractor licence ensures that there is minimum liability insurance coverage and qualified professionals are working at well construction activities. The licensed well contractor does not need to be on site when the exempted professional P. Eng, P. Geo or CET is undertaking Class 5 activities.

Reminder: An exempted professional [e.g., Professional Engineer (P. Eng), Professional Geoscientist (P. Geo), and Certified Engineering Technologist (CET)] who does not hold a well technician licence, but who works for a holder of a well contractor licence can only supervise a person who is conducting well construction activities associated with a Class 5 well technician licence if the supervised person:

• is an exempted professional or
• holds a valid Class 5 well technician licence.

Reminder: If the exempted professional intends to supervise an “assistant well technician”, the exempted professional must hold the correct class of well technician licence.

Reminder: A person who holds a class 4 licence can perform and supervise the equipment installation activities found in the Class 5 licence but not the construction of a well by non-powered equipment activities. A person who holds a class 1 or 2 licence can perform and supervise the non-powered construction activities found in the Class 5 licence, but not the installation activities.

Requirements For Obtaining A Well Technician Licence: Out-Of-Province Applicants

The Ontario Labour Mobility Act, 2009, S.O. 2009, c. 24 provides that individuals certified in another Canadian jurisdiction will not have to complete any additional “material” requirements to obtain a well technician licence in Ontario.

A person who currently holds a valid licence in another Canadian province or territory is required to provide:

• A copy of all current and valid licences held in any other jurisdiction regarding well construction.
• Letters of reference from the licence issuance authority in each jurisdiction where any current and valid licence is held that contains a complete licensing history regarding the applicant and their well construction history in that jurisdiction. The letter must include information about the types of well construction equipment operated, types of wells constructed, numbers of wells constructed annually for the past 5 years, numbers of pumps installed and information regarding complaints, compliance and enforcement.
• Additional information that may be required to satisfy the Director as to the applicant’s character, qualifications and ability. For example, a preliminary discussion with the licensing applicant may be required to review the information provided by the applicant. Subsequent to that discussion with the ministry, additional information or discussions may be required to address any outstanding issues.
• A completed Application for a Well Contractor Licence and a completed Application for a Well Technician Licence. If the applicant will be working for a company that already holds a valid Well Contractor Licence in Ontario, then s/he is required to provide that well contractor licence number.
• A completed Application to Take an Examination (based on Ontario well construction requirements) with the required fees will also be required. In preparation for the required examination, the applicant should be familiar with the Ontario Water Resources Act, including sections 1, 34 to 52, and the Wells Regulation, Regulation 903 as amended, made under the Ontario Water Resources Act.

Reminder: A person who is currently licensed for well construction in another Canadian province or territory may contact the Ontario Ministry of the Environment and Climate Change at 1-888-396-WELL (9355) or wellshelpdesk@ontario.ca, or 416-235-6762 for assistance and information on how to obtain a licence for well construction in Ontario.

Reminder: Any person applying for a well contractor licence has the same requirements irrespective of his/her current licensing status in another jurisdiction (see the Requirements for Obtaining a Well Contractor Licence section on this chapter).

Reminder: For additional information regarding the Ontario Labour Mobility Act, 2009, S.O. 2009, c. 24 or the Ontario Water Resources Act, or R.R.O. Regulation 903, please refer to: Ontario e-laws website and Ontario Ministry of Advanced Education and Skills Development website.

Responsibilities of A Well Technician Licence Holder

The responsibilities of a Well Technician Licence Holder are to:

• Ensure that s/he works for a licensed well contractor or a provincial Ministry of the Crown.
• Ensure that s/he and any person under his/her supervision meet the requirements of the Wells Regulation, the Ontario Water Resources Act and any other applicable provincial legislation relevant to constructing a well.
• Ensure that s/he only works or supervises work as specifically authorized by the well technician licence that s/he holds.
• Ensure that s/he only supervises up to two pieces of well construction equipment at any one time. This number refers to the pieces of equipment and not necessarily the number of people a well technician can supervise.
• Have his/her well technician licence or a photocopy of the entire licence onsite at all times during well construction activities and produce it upon request of an employee or agent of the Ministry.
• Report, in writing, any change to information previously provided to the Ministry in relation to the licence to the Director within ten (10) days of the change.
• Submit an application form and the required fee to renew the licence by March 31 of each year.
• Return any assistant well technician identification card immediately to the Ministry, when s/he becomes a well technician.
• Successfully complete continuing education courses. After a new licence has been renewed for the first time, a minimum of 21 hours of Ministry approved continuing education courses must be taken every 3 years in order to renew a well technician licence that is identified as Class 1 to Class 4. Similarly, after a licence has been renewed for the first time, a minimum of 14 hours of Ministry approved continuing education courses must be taken every 3 years in order to renew a well technician licence that is identified as a Class 5.

Continuing Education For A Well Technician Licence Holder

For the purposes of the three (3) year continuing education course cycle, which starts the year of the first renewal, the applicant must successfully complete the Director approved courses within a period of time that:

• ends on the date the licence renewal application is submitted, and

• begins on the later of either:

  • January 1, three years prior to the year of licence renewal, or
  • the final day of instruction in a course that previously counted towards the continuing education requirement for a previous licence renewal and the course occurred in the calendar year three years before the licence renewal application is submitted.

The following provides examples:

1. A Class 1 well technician (driller), originally licensed in 2006, will renew the licence for the first time in 2007. The well technician must take a course or courses that are approved by the Director, totalling at least 21 hours, and prior to the 2010 licence renewal. In this example, the period for the continuing education started January 1, 2007. The last course must be successfully completed before the well technician submits the 2010 well technician licence application to the Director.
2. The same Class 1 well technician (driller), who applies for licence renewal in 2013, must take a course or courses, approved by the Director, totalling at least 21 hours prior to the 2013 licence renewal. In this example, the period for the continuing education starts January 1, 2010. The last course must be successfully completed before the well technician submits the 2013 well technician licence application to the Director.

3. The same Class 1 well technician (driller), who is applying for licence renewal in 2013, must take a course or courses, approved by the Director, totaling at least 21 hours prior to the 2013 licence renewal. The well technician took a:

   • 3-day course that started January 21, 2010 and ended January 23, 2010,
   • 2-day course that started February 1, 2010 and ended February 2, 2010,
   • 3-day course that started March 3, 2010 and ended March 5, 2010,
   • 2-day course that started March 3, 2012 and ended March 5, 2012, and
   • 1-day course on February 4, 2013.

In this example, the well technician counted the time for the January 21 to 23 and February 1 to 2, 2010 courses for a previous 2007 to 2010 continuing education cycle. The well technician did not count the time for the March 3 to 5, 2010 course for the previous 2007 to 2010 education cycle.

In this example, the 2010 to 2013 period for the continuing education could start January 23, 2010 (i.e., the last day of a course of instruction three years prior to the licence renewal) because the course was used for a previous continuing education cycle. This allows the well technician to use the hours obtained in the final day of the January course to count towards the 2010 to 2013 continuing education period. The February and March 2010, March 2012 and February 2013 courses can also be used by the well technician for the 2010 to 2013 continuing education period. The last course must be successfully completed before the well technician submits the 2013 well technician licence application to the Director.

Reminder: In the case of a class 5 well technician licence, the minimum continuing education hours total at least 14 instead of 21 hours.

Reminder: All well technician applications must be submitted to the Director before March 31 of each year in order for the licence to be continued after March 31 pending the Director’s decision.

Continuing education courses are currently available through Fleming College and the Ontario Groundwater Association regional meetings. The Director has the discretion to approve other courses and set the criteria used to approve other courses.

Responsibilities Of The Person Abandoning The Well For Abandonment Operations

Reminder: Abandonment of a well is not considered well construction. As a result, licensing requirements for the construction of a well do not apply to well abandonment and therefore obligations are placed on the person abandoning the well, often the well owner

Obligation To Retain A Licensed Well Contractor

Unless exempt by the Wells Regulation, when a well is abandoned, the person abandoning a well (often the well owner) must do the following:

• Retain the services of a licensed well contractor, and
• Ensure the contract with the licensed well contractor requires a well technician licensed to construct the type of well being abandoned is used to abandon the well.

Exemption - Obligation To Retain A Licensed Well Contractor

The person abandoning the well is exempt from the above requirement if the person who works at the abandonment of the well is:

• the owner of the land or is a member of the owner’s household,
• working without remuneration (e.g., not being paid) for another person on land owned by the other person or on land owned by a member of the other person’s household, or
• a person who holds a Class 1 well technician licence (i.e., drilling) see the “Responsibilities of a Licensed Well Technician” section of this chapter.

Excavation Of Entire Test Hole Or Dewatering Well

Reminder: Unless exempted, the person abandoning the well, often the well owner, must meet the requirements in the “Responsibilities of the Person Abandoning the Well For Abandonment Operations” section, even if the well is to be fully excavated.

Reminder: This does not apply if the well is a shallow works test hole, shallow works dewatering well or another type of well exempted from the Wells Regulation and the pertinent licensing sections in the Ontario Water Resources Act (see the “Plainly Stated” section in Chapter 3: Exemptions: Wells, Activities & Exempted Professionals)

A person can abandon a well before it is completely excavated. In this case, the person abandoning the well, often the well owner, must ensure that the “Obligation to Retain a Licensed Well Contractor” or the “Exemption - Obligation to Retain a Licensed Well Contractor” sections in this chapter are followed.

Examples

Examples of types of individuals that can work on the abandonment of a well for the person abandoning the well to meet his/her obligations are as follows:

• A person who holds a valid Class 1 well technician licence can work at the abandonment of a well constructed by drilling equipment.
• A person who holds a valid Class 1 well technician licence can work at the abandonment of a well constructed by digging or excavation equipment (see the “Responsibilities of a Licensed Well Technician” section of this chapter).

• For a well constructed by drilling equipment within a well originally constructed by digging or boring equipment (e.g., dug well or well pit):

  • A person who holds a valid Class 1 well technician licence can work at the abandonment of the well or
  • A person who holds a valid Class 2 well technician licence and holds or works for the holder of a well contractor licence can work at the abandonment of the dug portion of the well, or well pit, and the drilled portion can be abandoned by a person who holds a valid Class 1 well technician licence. Both portions of the well must be properly abandoned.

• For a well constructed by jetting or driving equipment within a well originally constructed by digging or boring equipment (e.g., dug well or well pit):

  • A person who holds a valid Class 1 well technician licence can work at the abandonment of the well or
  • A person who holds a valid Class 2 well technician licence can work at the abandonment of the dug portion of the well, or well pit and a person who holds a valid Class 3 well technician licence that allows him/her to construct driven/jetted wells can abandon the driven/jetted portion. Both persons must hold or work for the holder of a well contractor licence. Both portions of the well must be properly abandoned.
• A person who holds a valid Class 2 well technician licence and holds or works for the holder of a well contractor licence can work at the abandonment of a well constructed by digging or excavation equipment.
• A person who holds a valid Class 3 well technician licence that authorizes the holder to construct wells and holds or works for the holder of a well contractor licence can work at the abandonment of a well originally constructed as specified on the well technician licence.
• A person who holds a valid Class 3 well technician licence that authorizes the holder to construct wells and holds or works for the holder of a well contractor licence can work at the abandonment of a well originally constructed as specified on the well technician licence.

Reminder: See Chapter 13: Well Records, Documentation, Reporting & Tagging for further information on the person abandoning the well.

Reminder: A separate manual has been prepared for test holes and dewatering wells titled Test Holes and Dewatering Wells - Requirements and Best Management Practices. Please refer to the other manual for information on additional exemptions to abandoning some test holes and dewatering wells.

Requirements for an Assistant Well Technician

Assistant Well Technician With No Identification Card

An assistant well technician without an identification card is exempt from requiring a well technician licence if the assistant well technician is supervised by a holder of a well technician licence, of the correct class of licence for the well construction activity, who is present at the site at all times.

Assistant Well Technician With Identification Card

An assistant well technician with an identification card is exempt from requiring a well technician licence when working at the construction of wells on behalf of the licensed well contractor named on the card if:

• the expiry date on the card has not yet been reached,
• s/he carries the card and produces it on the request of an employee or agent of the Ministry, and
• s/he is supervised by the holder of a valid well technician licence, of the correct class of licence for the well construction activity, who is available to be called to the site within one hour.

Requirements for Obtaining an Assistant Well Technician Card

The requirements for obtaining an assistant well technician card are as follows:

• A licensed well contractor can apply to the Ministry for an identification card for an assistant well technician who has worked for the business a minimum of four (4) months.
• A licensed well contractor can apply to the Ministry for a new identification card for the assistant well technician if the card is about to expire.

Reminder: There is no minimum age requirement for an assistant well technician or for obtaining an identification card set out in the Wells Regulation. However, employers must meet all applicable labour laws when employing assistant well technicians.

Requirements of an Assistant Well Technician Identification Card

The requirements of an assistant well technician identification card are as follows:

• An identification card issued to an assistant well technician has an expiry date that is not more than 36 months after the date of issue.
• An identification card issued to an assistant well technician has an expiry date that is not more than 36 months after the date of issue.
• An identification card must be returned by the holder of the identification card immediately, to the Ministry, if the holder obtains a well technician licence. Ontario Water Resources Act – Grounds to Refuse New and Renewal Well Technician and Well Contractor Licence Applications

Grounds for Refusal to Issue a New Well Contractor Licence (excerpted from Section 41 of the Ontario Water Resources Act)

A Director may refuse to issue a well contractor licence for the following reasons:

1. The past conduct of the applicant or, where the applicant is a corporation, of its officers or directors indicates that the business of constructing wells will not be operated in accordance with the law and with honesty and integrity,
2. The applicant or, where the applicant is a corporation, its officers or directors are not competent to engage in the business of constructing wells,
3. The applicant is not in a position to observe or carry out the provisions of Sections 35 to 50 of the Ontario Water Resources Act, the Wells Regulation or the licence, or
4. The applicant or, where the applicant is a corporation, its officers or directors have been grossly negligent in carrying on the business of constructing wells under the authority of a licence issued under section 40 of the Ontario Water Resources Act or a predecessor of that section.

Grounds for Refusal to Renew a Well Contractor Licence (excerpted from Section 42 of the Ontario Water Resources Act)

A Director may revoke or suspend or may refuse to renew a well contractor licence for the following reasons:

1. Any person has made a false statement in any material part of the application for the licence or a renewal of the licence or of any report, document or other information,
2. The past conduct of the licensee or, where the licensee is a corporation, of its officers or directors is grounds to believe that the business of constructing wells has not been operated or will not be operated in accordance with the law and with honesty and integrity,
3. The licensee is in breach of sections 35 to 50 of the Ontario Water Resources Act or the Wells Regulation,
4. A change in the officers or directors of a corporation that is a licensee provides grounds for refusing to issue a licence,
5. The services that can be provided by the licensee have been misrepresented,
6. The licensee is not competent to carry on or has been grossly negligent in carrying on the business of constructing wells, or
7. The licensee is not in a position to observe or carry out the provisions of sections 35 to 50 of the Ontario Water Resources Act, the Wells Regulation or the licence.

Grounds for Refusal to Issue a New Well Technician Licence (excerpted from Section 45 of the Ontario Water Resource Act)

A Director may refuse to issue a well technician licence where the Director is of the opinion, upon reasonable and probable grounds, that the applicant is not competent to carry on the activities that would be authorized by the licence.

Grounds for Refusal to Renew a Well Technician Licence (excerpted from Section 46 of the Ontario Water Resource Act)

A Director may revoke or suspend or may refuse to renew a well technician licence where the Director is of the opinion, upon reasonable and probable grounds, that:

1. Any person has made a false statement in any material part of the application for the licence or a renewal of the licence or of any report, document or other information required,
2. The licensee is in breach of sections 35 to 50 of the Ontario Water Resources Act or the Wells Regulation, or
3. The licensee is not competent to carry on or has been grossly negligent in carrying on the activities that are authorized by the licence.

Tools for Well Construction Licences

Well Industry Licensing

The following is intended as a brief guide for applicants to summarize the application submission process for a new Well Contractor Licence and/or Well Technician Licence including applications to add a class to an existing Well Technician Licence.

Ontario Regulation 903 under the Ontario Water Resources Act prescribes licensing requirements for activities associated with wells. If you require a copy of Regulation 903 or the relevant sections (35 to 50) of the Ontario Water Resources Act, please contact the Ministry’s Public Information Centre at 416-325-4000 or 1-800-565-4923 or visit Ontario e-laws website (type “wells” in the search bar).

A Well Contractor Licence is a business licence and entitles the holder to engage in the business of well construction only. It does not authorize the holder to work at the construction of wells. The actual work is required to be carried out by a licensed Well Technician with a valid licence of the proper prescribed class(es). Well Technicians are required to work under the authority of a Well Contractor Licence holder. Both licences are required for anyone who is both an owner of a well construction business and also the sole equipment operator of that well construction business.

The licences expire on March 31 follwing the year of issue. In order to renew the licence(s) and ensure continuation, a renewal application package must be submitted (application form, applicable fees, required documentation) prior to the expiry of the licence. The water well industry licensing application forms are available on the Government of Ontario Central Forms Website (type “wells” in the search bar).

Every application (new or renewal) is reviewed in accordance with the Regulation and the approval of the application is dependent on the proper submission of all of the required information. Any requests or changes to the appliaction file should be provided in writing.

It is an offence to provide false information on any application form or statement with respect to any matter made under the Act, or the regulations.

Well Contractor Licence:

1. Application for Well Contractor Licence (Form 1 - 1987) - completed in full, dated and signed

2. Confirmation of valid Comprehensive General Liability Insurance as prescribed in the Reg. 903 for the duration of the licence period for well construction business:

   • Name of the Insured(as per the Insurance Policy)
   • Policy No.
   • Expiry Date(YYYY/MM/DD)
   • Name of Insurance Company
   • Name of Insurance Agent
   • Description of Insured Activities
   • Amount of Coverage
3. Copy of a valid Master Business Licence (MBL) or Proof of Incorporation - the Well Contractor Licence to be issued name of the insured operation. For details on how to register/renew your MBL, visit Ministry of Government and Consumer Services website (Services for Business / Gateway for Business) or contract Service Ontario Toll Free at 1-800-361-3223. Note: MBL has to be renewed every five years.
4. Successful completion of MOECC Exam, see MOECC Examination for details
5. Payment of applicable fees, see required fees for details.

note: In case of partnerships and/or corporations, the official representative(s) designated for the Well Contractor as listed on the application must be a director, officer, or partner and be listed on the application for a Well Contractor Licence as well as on the official documentation i.e. Articles of Incorporation or Master Business Licence. Each designated official(s) must successfully complete the MOECC examination.

Well Technician Licence(new, add-a-class):

1. Application for Well Technician Licence (Form 4 - 1993) - completed in full, fated and signed
2. Proof of Successful Completion of an approved Course of Study, for course information visit Fleming College website or call 1-888-269-6969. The pre-registration number is issued by MOECC upon request(in writing).

3. Supporting information to substantiate relevant work experience as prescribed in the Reg. 903. Please consult Reg. 903 on number of hours of experience required. Information/documentation is required detailing nature of the work and how it qualifies the applicant for applicant for the licence and class(-es); and to clarify and/or detail the number of hours spent performing the activities, including any applicable overtime or additiaonal employers where experience might have been gained. Memoranda or letters of reference from current or past employers (and/or clients for self-employed) should be provided stating in detail;

   • dates of employment including type of employment(full- / part-time, hours ) and name(s) of employer(s)/well contractor(s);

   • Duties and responsibilities relating to the licence and class(-es) requested:

     • Class 1 - Well Drilling (construction/ abandonment of wells by means of well drilling equipment including: rotary drilling equipment, cable tool and diamond drilling);
     • Class 2 - Well Digging and Boring (contruction/ abandonment of wells by means of digging with non-powered equipment or with a back-hoe or power shovel and by means of boring or augering equipment);
     • Class 3 - Other Well Construction: please specify (type of equipment operated/ installed/ repaired/ methods, etc.);
     • Class 4 - Pump Installation (installing or assisting with pump installation in or connected to a well, type or equipment operated/ installed/repaired);
     • Class 5 - Monitoring, Sampling, Testing and non-Powered Construction (installing or assisting with installation of; monitoring, sampling, tseting equipment in a well; pump in a test hole or dewatering well; constructing or assisting with constructiong of test holes, dewatering wells by non-powered equipment);
   • consent/permission to contract the individual(s) who supervised the work;
   • copies of well records, if completed/applicable.
4. Successful completion of MOECC Exam, see MOECC Examination for details
5. Payment of applicable fees, see required fees for details

note: Requirement for Class 5 applications - Proof of Association Membership, if applicable

MOECC Examination:

1. Application for An Appointment to Take An Examination (Form 7 - 1990) - completed in full, dated and signed
2. Successful completion of MOECC Exam
3. Payment of applicable fees, see required fees for details

Required Fees(Cheque or money order, Payable to “Treasurer of Ontario”);

1. Well Contractor Licence Application Fee: $10.00
2. Well Technician Licence application with on Class plus an additional $5 for each additional Class.
3. Examination Fee: $10.00

An administrative fee of $35.00 applies for any dishonored cheque payments including post-dated cheques.

Please direct any licensing inquiries/application package to the water well help desk as indicated on the applications forms.