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Safe Drinking Water Act, 2002


definitions of “Deficiency” and “Municipal drinking water system”

Consolidation Period:  From July 1, 2019 to the e-Laws currency date.

Last amendment: 209/19.

Legislative History: 20/04, 257/05, 329/08, 209/19.

This is the English version of a bilingual regulation.


1. A violation of any of the following provisions is prescribed as a deficiency for the purposes of the Act, including the definition of “deficiency” in subsection 2 (1) of the Act, if, in the opinion of the Director, the violation poses a drinking water health hazard:

1. Subsection 18 (1) of the Act.

2. Schedules 1, 2 and 6 to 18 to Ontario Regulation 170/03 (Drinking Water Systems).

3. Revoked:  O. Reg. 329/08, s. 1.

4. Section 22 of Ontario Regulation 128/04 (Certification of Drinking Water System Operators and Water Quality Analysts).  O. Reg. 172/03, s. 1; O. Reg. 257/05, s. 1; O. Reg. 329/08, s. 1.

“Municipal Drinking Water System”

2. (1) The following class is prescribed for the purposes of clause (d) of the definition of “municipal drinking water system” in subsection 2 (1) of the Act:

1. A drinking water system or part of a drinking water system, established after June 1, 2003, that serves a major residential development and satisfies the conditions set out in subsection (2).  O. Reg. 172/03, s. 2; O. Reg. 209/19, s. 1 (1).

(2) The conditions referred to in paragraph 1 of subsection (1) are the following:

1. The drinking water system or part of the drinking water system is established in accordance with an agreement with a municipality, entered into under the Planning Act, the Development Charges Act, 1997 or the Condominium Act, 1998.

2. The agreement referred to in paragraph 1 provides that ownership of the drinking water system or part of the drinking water system may be transferred to one of the following:

i. The municipality.

ii. A public utility commission deemed to be a municipal service board under section 195 of the Municipal Act, 2001.

iii. A municipal service board established under sections 9, 10, 11 and 196 of the Municipal Act, 2001 or a city board as defined in subsection 3 (1) of the City of Toronto Act, 2006.

iv. A corporation established under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act. O. Reg. 209/19, s. 1 (2).

3. Omitted (provides for coming into force of provisions of the English version of this Regulation).  O. Reg. 172/03, s. 3.