O. Reg. 416/09: Drinking Water Testing Services

 

ontario regulation 416/09

made under the

safe drinking water act, 2002

Made: October 22, 2009
Filed: October 30, 2009
Published on e-Laws: November 3, 2009
Printed in The Ontario Gazette: November 14, 2009

Amending O. Reg. 248/03

(Drinking Water Testing Services)

1. Subsection 1 (2) of Ontario Regulation 248/03 is amended by adding the following definition:

“licensed engineering practitioner” means a person who holds a licence, limited licence or temporary licence under the Professional Engineers Act;

2. (1) Subsection 2 (1) of the Regulation is amended by adding the following paragraphs:

2.1 Ammonia.

2.2 Chloramines.

. . . . .

16.1 Ozone.

. . . . .

25. Any operational parameter described in subsection (1.1).

(2) Section 2 of the Regulation is amended by adding the following subsection:

(1.1) For the purposes of paragraph 25 of subsection (1) and paragraph 15 of subsection 4 (1), a parameter is an operational parameter if it is being tested for the principal purpose of evaluating whether to adjust a process that controls the effectiveness or efficiency of the drinking water system, but does not include any of the following parameters:

1. Any parameter listed as a drinking water quality standard in Ontario Regulation 169/03 (Ontario Drinking Water Quality Standards) made under the Act, other than chloramines and fluoride.

2. Any extractable organic parameter.

3. Any microbiological parameter.

4. Any parameter identified as a health-related parameter in an approval, municipal drinking water licence or order that applies to the drinking water system at which the test is conducted.

3. (1) Paragraph 5 of section 3 of the Regulation is revoked and the following substituted:

5. A licensed engineering practitioner.

(2) Section 3 of the Regulation is amended by adding the following subsection:

(2) Subsection 63 (1) of the Act does not apply to any of the following persons with respect to a test for any of the parameters listed in Schedule 1, 2 or 3 of Ontario Regulation 169/03 (Ontario Drinking Water Quality Standards) made under the Act at a small drinking water system as defined in subsection 1 (1) of the Health Protection and Promotion Act:

1. A medical officer of health.

2. A public health inspector within the meaning of the Health Protection and Promotion Act.

3. A person acting under the supervision of a medical officer of health mentioned in paragraph 1 or a public health inspector mentioned in paragraph 2.

4. Clause 3.1 (1) (d) of the Regulation is amended by striking out “section 15.1-7 of”.

5. Subsection 4 (1) of the Regulation is amended by adding the following paragraphs:

2.1 Ammonia.

2.2 Chloramines.

. . . . .

10.1 Ozone.

. . . . .

15. Any operational parameter described in subsection 1 (1.1).

6. Section 5 of the Regulation is revoked and the following substituted:

Research and method development

5. (1) Subsections 11 (3) and 63 (1) of the Act do not apply with respect to tests conducted for the principal purpose of carrying out research or developing testing methods if the Director has been notified of the tests in a form and manner approved by the Director.

(2) Subject to subsection (3), subsection (1) does not apply if, upon receipt of a notification under subsection (1), the Director provides a written request for additional information about the research being carried out or the testing methods being developed.

(3) If the Director makes a request under subsection (2), subsection (1) applies only if the Director receives the information and provides written confirmation that subsections 11 (3) and 63 (1) of the Act do not apply.

(4) For the purposes of subsection (1) and subject to subsection (5), tests conducted for the principal purpose of carrying out research or developing testing methods may include,

(a) tests that are part of scientific studies, including special audits or surveys to assess drinking water quality;

(b) tests that are part of developing drinking water testing methods; and

(c) tests that are part of a pilot study or field study to assess equipment for use as part of a drinking water system.

(5) For the purposes of subsection (1), tests conducted for the principal purpose of carrying out research or developing testing methods do not include,

(a) tests that are part of marketing research;

(b) tests that are part of consumer preference studies; and

(c) tests that are part of drinking water testing services carried out for the purpose of soliciting a product or service.

7. Clause 10 (1) (e) of the Regulation is amended by striking out “section 12” at the end and substituting “section 12 or 12.0.1”.

8. Subsection 11 (2) of the Regulation is amended by striking out “A person who is required” at the beginning in the portion before clause (a) and substituting “Subject to section 12.0.1, a person who is required”.

9. (1) Paragraph 4 of subsection 12 (3) of the Regulation is revoked and the following substituted:

4. A test required under Ontario Regulation 243/07 (Schools, Private Schools and Day Nurseries) made under the Act.

(2) Subsection 12 (4) of the Regulation is revoked.

10. The Regulation is amended by adding the following section:

Multiple parameter screening tests, protocols and reports

12.0.1 (1) A person who provides drinking water testing services may use a testing method that tests for more than one parameter if the test that is being conducted is designated in the document mentioned in clause 11 (1) (a) as a screening test.

(2) A person mentioned in subsection (1) shall, if the test result does not indicate any potential exceedance of a drinking water quality standard for any of the parameters tested that are listed in Schedule 1, 2 or 3 of Ontario Regulation 169/03 (Ontario Drinking Water Quality Standards) made under the Act,

(a) comply with subsections 12 (1) to (3.1); and

(b) for the purposes of clause 12 (2) (a), prepare a single report for all of the tested parameters.

(3) A person mentioned in subsection (1) shall, if the test result indicates a potential exceedance mentioned in subsection (2), comply with the following rules, and the requirements in subsections 12 (1) to (3.1) do not apply:

1. The person shall immediately prepare a report of the potential exceedance in a form approved by the Director.

2. A copy of the report prepared under paragraph 1 shall be given immediately to,

i. the medical officer of health by speaking with a person at the office of the medical officer of health or, if the office is closed, by speaking with a person at the on-call system of the health unit,

ii. the Spills Action Centre of the Ministry by speaking with a person at that centre, if the report relates to a test mentioned in subsection 12 (3), and

iii. a person designated by the owner of the system and the operating authority responsible for the system by speaking in person or by telephone or, if there is no operating authority responsible for the system, to a person designated by the owner of the system.

3. The person shall, as soon as reasonably possible after complying with paragraphs 1 and 2, ensure that additional tests are conducted for each parameter in respect of which there is a potential exceedance.

4. After additional testing is conducted under paragraph 3, a person designated by the person who provides the additional testing shall review the results of the additional testing to determine whether to authorize the reporting of the results or to require the repetition of the testing or other action.

5. Regardless of whether the results of the additional testing under paragraph 3 indicate an exceedance of a drinking water quality standard for a parameter, the person shall,

i. prepare a report on the results in a form approved by the Director immediately after the reporting of the results is authorized under paragraph 4, and

ii. immediately after preparing a report under subparagraph i, send a copy of the report to,

A. the person named, on the form referred to in subsection 10 (2), as the person to whom the results should be sent, 

B. the Spills Action Centre of the Ministry and the medical officer of health, if the additional testing relates to a test mentioned in subsection 12 (3), and

C. the medical officer of health, if the additional testing relates to a test mentioned in subsection 12 (3.1).

(4) For the purposes of subsections (2) and (3), a potential exceedance of a drinking water quality standard for a parameter exists if a test result is equal to or greater than the drinking water quality standard for that parameter.

11. Paragraph 3 of subsection 13 (1) of the Regulation is amended by striking out “section 12” and substituting “section 12 or 12.0.1”.

12. Subsection 13 (2) of the Regulation is revoked.

13. Section 14 of the Regulation is revoked.

14. Subsections 15 (1) to (7) of the Regulation are revoked.

15. This Regulation comes into force on the later of December 14, 2009 and the day this Regulation is filed.