O. Reg. 172/03: DEFINITIONS OF 'DEFICIENCY' AND 'MUNICIPAL DRINKING WATER SYSTEM'Skip to content
Safe Drinking Water Act, 2002
definitions of “Deficiency” and “Municipal drinking water system”
Historical version for the period June 24, 2019 to June 30, 2019.
Legislative History:, , , .
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 that serves a major residential development and is established after this Regulation comes into force under an agreement with a municipality pursuant to Part VI of the Planning Act, if the agreement provides that ownership of the system may be transferred to the municipality, a municipal service board established under section 195 of the Municipal Act, 2001 or a corporation established under section 203 of the Municipal Act, 2001. O. Reg. 172/03, s. 2.
Note: On July 1, 2019, paragraph 1 of section 2 of the Regulation is revoked and the following substituted: (See: O. Reg. 209/19, s. 1 (1))
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).
Note: On July 1, 2019, section 2 of the Regulation is amended by adding the following subsection: (See: O. Reg. 209/19, s. 1 (2))
(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.