You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

Ontario Water Resources Act
Loi sur les ressources en eau de l’Ontario

ONTARIO REGULATION 129/04

LICENSING OF SEWAGE WORKS OPERATORS

Consolidation Period: From October 31, 2011 to the e-Laws currency date.

Last amendment: O. Reg. 236/11.

This Regulation is made in English only.

CONTENTS

Definitions

1.

Definitions

Application

2.

Application

Classification of Facilities

3.

Types and classes of facilities

4.

Certificate of classification

5.

Existing certificates of classification

Licensing of Operators

6.

Classes of operator’s licence

7.

Issuance of operator’s licences

7.1

Operator’s licences, out-of-province applicants

8.

Issuance of conditional operator’s licences

10.

Transferability of licences

11.

Cancellation or suspension of licence

12.

Replacement licences

13.

Licence to be displayed

Operating Standards

14.

Operators must be licensed

15.

Overall responsible operator

16.

Strikes and lock-outs

17.

Operator-in-charge

18.

Duties of operator-in-charge

19.

Record-keeping re operation of facility

20.

Operations and maintenance manuals

21.

Training

Schedule 1

Facility classification point systems

Schedule 2

Qualifications for operator’s licences

Definitions

Definitions

1. In this Regulation,

“authorizing certificate” has the same meaning as in subsection 2 (1) of the Ontario Labour Mobility Act, 2009;

“facility” means a wastewater collection facility or a wastewater treatment facility;

“occupation” has the same meaning as in subsection 2 (1) of the Ontario Labour Mobility Act, 2009;

“operator” means a person who adjusts, inspects or evaluates a process that controls the effectiveness or efficiency of a facility, and includes a person who adjusts or directs the flow, pressure or quality of the wastewater within a wastewater collection facility;

“operator-in-charge” means an operator or professional engineer who is designated as an operator-in-charge of a facility under section 17;

“out-of-province regulatory authority” has the same meaning as in subsection 2 (1) of the Ontario Labour Mobility Act, 2009;

“overall responsible operator” means an operator or professional engineer who is designated as an overall responsible operator of a facility under section 15;

“professional engineer” means a professional engineer as defined in the Professional Engineers Act;

“regulated occupation” has the same meaning as in subsection 2 (1) of the Ontario Labour Mobility Act, 2009;

“restricted certificate”, in relation to an occupation, means a certificate, licence, registration, or other form of official recognition that is granted by a regulatory authority to an individual who is not qualified to practise the occupation but is permitted with conditions to practise the occupation;

“wastewater collection facility” means a sewage works that collects or transmits sewage but does not treat or dispose of sewage;

“wastewater treatment facility” means a sewage works that treats or disposes of sewage but does not collect or transmit sewage. O. Reg. 129/04, s. 1; O. Reg. 467/10, s. 1.

Application

Application

2. (1) This Regulation applies to,

(a) a sewage works to which section 53 of the Act applies that is owned or operated by the Crown or a municipality, if the sewage received by the sewage works is treated; and

(b) a sewage works to which section 53 of the Act applies that is not owned or operated by the Crown or a municipality, if any sewage received by the sewage works is,

(i) toilet, sink or culinary liquid waste, or

(ii) other sewage of a kind normally discharged from a residential subdivision, other than storm water, ground water, surface drainage or land drainage. O. Reg. 129/04, s. 2 (1).

(2) Despite subsection (1), this Regulation does not apply to a sewage works described in clause 53 (6) (a) of the Act if,

(a) the sewage works has a design capacity in excess of 10,000 litres per day;

(b) more than one sewage works are located on a lot or parcel of land and they have, in total, a design capacity in excess of 10,000 litres per day; or

(c) the sewage works is not located wholly within the boundaries of the lot or parcel of land on which is located the residence or other building or facility served by the works. O. Reg. 129/04, s. 2 (2).

Classification of Facilities

Types and classes of facilities

3. (1) For the purposes of this Regulation, sewage works are divided into the following types of facilities:

1. Wastewater collection facilities.

2. Wastewater treatment facilities. O. Reg. 129/04, s. 3 (1).

(2) Each type of facility is classified into Class I, Class II, Class III and Class IV facilities in accordance with Schedule 1. O. Reg. 129/04, s. 3 (2).

Certificate of classification

4. (1) The owner of a facility shall file an application with the Director for the classification of the facility. O. Reg. 129/04, s. 4 (1).

(2) Upon receipt of an application and the required fee, the Director shall classify the facility in accordance with Schedule 1 and shall issue to the owner a certificate of classification for the facility. O. Reg. 129/04, s. 4 (2).

(3) If a facility that has been classified under this section is to be altered, extended or replaced so that it will not meet the criteria in Schedule 1 for the same classification, the owner of the facility shall apply for a reclassification of the facility when approval of the alteration, extension or replacement is applied for under section 20.2 of the Environmental Protection Act. O. Reg. 129/04, s. 4 (3); O. Reg. 236/11, s. 1.

(4) The Director may require the owner of a facility that has been classified under this section to apply for reclassification if section 3 or Schedule 1 is amended. O. Reg. 129/04, s. 4 (4).

(5) The owner shall ensure that the certificate of classification of the facility is conspicuously displayed at the facility or at premises from which the operations of the facility are managed. O. Reg. 129/04, s. 4 (5).

Existing certificates of classification

5. (1) A certificate of classification that was issued to the owner of a wastewater collection facility under section 4 of Ontario Regulation 435/93 and that is a valid certificate on August 1, 2004 shall be deemed to be a certificate of classification for a wastewater collection facility under this Regulation. O. Reg. 129/04, s. 5 (1).

(2) A certificate of classification that was issued to the owner of a wastewater treatment facility under section 4 of Ontario Regulation 435/93 and that is a valid certificate on August 1, 2004 shall be deemed to be a certificate of classification for a wastewater treatment facility under this Regulation. O. Reg. 129/04, s. 5 (2).

Licensing of Operators

Classes of operator’s licence

6. (1) For each type of facility, there shall be four classes of operator’s licences, designated as Class I, Class II, Class III and Class IV. O. Reg. 129/04, s. 6 (1).

(2) There shall also be a class of operator’s licence for operators-in-training for each type of facility. O. Reg. 129/04, s. 6 (2).

Issuance of operator’s licences

7. (1) A person may apply to the Director for the issuance of an operator’s licence. O. Reg. 129/04, s. 7 (1).

(2) The Director shall issue the licence if the applicant meets the qualifications set out in Schedule 2 for that type and class of licence and the required fee has been paid. O. Reg. 129/04, s. 7 (2).

(3) The Director may refuse to issue a licence if the applicant is the holder of a licence that the Director is authorized under subsection 11 (1) to cancel or suspend. O. Reg. 129/04, s. 7 (3).

(4) A licence expires three years after it is issued but may be reissued in accordance with this section. O. Reg. 129/04, s. 7 (4).

Operator’s licences, out-of-province applicants

7.1 (1) A person who holds an authorizing certificate issued by an out-of-province regulatory authority in respect of an occupation may apply to the Director for the issuance of an operator’s licence described in subsection 6 (1) in respect of the same occupation. O. Reg. 467/10, s. 2.

(2) Subject to subsections (3) and (4), the Director shall issue the operator’s licence described in subsection 6 (1) to the applicant if,

(a) the applicant pays the required fee;

(b) the applicant provides the Director with a copy of the applicant’s authorizing certificate;

(c) the operator’s licence is, in the opinion of the Director, in respect of the same occupation as the applicant’s authorizing certificate;

(d) the applicant provides the Director with confirmation in writing from the out-of-province regulatory authority that the applicant’s authorizing certificate is in good standing; and

(e) the applicant provides the Director with evidence satisfactory to the Director that he or she has practised the regulated occupation within the three-year period preceding the day on which the applicant submits his or her application under subsection (1). O. Reg. 467/10, s. 2.

(3) The Director may refuse to issue a licence if the out-of-province regulatory authority has cancelled or suspended or circumstances exist that authorize the authority to cancel or suspend an authorizing certificate or a restricted certificate that was issued to the applicant in respect of the occupation of wastewater operator. O. Reg. 467/10, s. 2.

(4) A licence expires three years after it is issued but may be reissued in accordance with section 7. O. Reg. 467/10, s. 2.

Issuance of conditional operator’s licences

8. (1) A person may apply to the Director for the issuance of a conditional Class I, Class II, Class III or Class IV operator’s licence. O. Reg. 129/04, s. 8 (1).

(2) The Director may issue the conditional licence if,

(a) the owner of one or more facilities satisfies the Director that the owner cannot readily obtain the services of an operator who holds a licence of the type and class applied for under this section;

(b) the owner referred to in clause (a) gives the applicant and the Director an undertaking in writing to co-operate in facilitating the applicant’s compliance with any conditions imposed under subsection (3); and

(c) the required fee has been paid. O. Reg. 129/04, s. 8 (2).

(3) The Director may issue a conditional licence subject to conditions. O. Reg. 129/04, s. 8 (3).

(4) A conditional licence is valid only in respect of a facility owned by the owner referred to in clause (2) (a). O. Reg. 129/04, s. 8 (4).

(5) A conditional licence expires three years after it is issued or on such earlier date as may be specified on the licence, but may be reissued in accordance with this section. O. Reg. 129/04, s. 8 (5).

9. Revoked: O. Reg. 467/10, s. 3.

Transferability of licences

10. A person who holds a Class I, Class II, Class III or Class IV wastewater treatment facility operator’s licence shall be deemed to also hold a Class I wastewater collection facility operator’s licence. O. Reg. 129/04, s. 10.

Cancellation or suspension of licence

11. (1) The Director may cancel or suspend a person’s licence if one or more of the following circumstances exist:

1. The licence was obtained by fraud, deceit or the submission of an application that contained inaccurate information.

2. The person has not worked as an operator during the previous five years.

3. The person has been discharged from employment in a facility for gross negligence or for incompetence in the performance of his or her duties, unless the person has not yet exhausted any rights of appeal available under a collective agreement.

4. The person has contravened or failed to comply with section 18 or 19 and the contravention or failure,

i. resulted in the discharge of a pollutant into the natural environment,

ii. had an adverse effect on the health or safety of an individual, or

iii. had an adverse effect on a process in the facility. O. Reg. 129/04, s. 11 (1).

(2) When a person’s licence is cancelled or suspended under subsection (1), the Director may issue a licence of another type or class to the person if the person meets the qualifications set out in Schedule 2 for that type and class of licence. O. Reg. 129/04, s. 11 (2).

Replacement licences

12. (1) The Director shall issue a replacement licence to an operator if the required fee is paid and,

(a) the operator’s licence has been lost or destroyed; or

(b) the operator’s name has changed and the original licence has been returned to the Director. O. Reg. 129/04, s. 12 (1).

(2) The Director may refuse to issue a replacement licence if the applicant is the holder of a licence that the Director is authorized under subsection 11 (1) to cancel or suspend. O. Reg. 129/04, s. 12 (2).

Licence to be displayed

13. The owner of a facility shall ensure that a copy of the licence of every licensed operator who is employed in the facility is conspicuously displayed at the operator’s workplace or at premises from which the operations of the facility are managed. O. Reg. 129/04, s. 13.

Operating Standards

Operators must be licensed

14. (1) The owner of a facility shall ensure that every operator employed in the facility holds a licence applicable to that type of facility. O. Reg. 129/04, s. 14 (1).

(2) Subsection (1) does not apply in respect of an operator who is a professional engineer if the operator has been employed in the facility for less than six months. O. Reg. 129/04, s. 14 (2).

Overall responsible operator

15. (1) The owner of a facility shall designate as overall responsible operator of the facility an operator who holds a licence that is applicable to that type of facility and that is of the same class as or higher than the class of the facility. (For example, the overall responsible operator of a Class III wastewater treatment facility must be an operator who holds a Class III or Class IV wastewater treatment facility operator’s licence.) O. Reg. 129/04, s. 15 (1).

(2) If the overall responsible operator who is designated under subsection (1) is absent or unable to act, an operator who holds a licence that is applicable to that type of facility and that is not more than one class lower than the class of the facility may be designated as overall responsible operator. (For example, if the overall responsible operator of a Class IV wastewater collection facility who is designated under subsection (1) is absent or unable to act, an operator who holds a Class III or Class IV wastewater collection facility operator’s licence may be designated under this subsection as overall responsible operator of the facility.) O. Reg. 129/04, s. 15 (2).

(3) Subsection (2) does not permit an operator who holds an operator-in-training’s licence to be designated as overall responsible operator. O. Reg. 129/04, s. 15 (3).

(4) Subsection (2) shall not be relied on by the owner of a facility for more than 150 days in any 12-month period. O. Reg. 129/04, s. 15 (4).

(5) The owner of a facility shall notify the Director without delay if the owner relies on subsection (2) for 60 days in any 12-month period. O. Reg. 129/04, s. 15 (5).

(6) The Director may direct that subsection (4) not apply to a facility for a time period specified by the Director if the Director is satisfied that the owner of the facility cannot reasonably comply with subsection (1) and the direction will not result in a significant risk to human health or the natural environment. O. Reg. 129/04, s. 15 (6).

(7) A professional engineer who does not have the licence required by subsection (1) or (2) may be designated as overall responsible operator if the engineer has been employed in the facility for less than six months. O. Reg. 129/04, s. 15 (7).

Strikes and lock-outs

16. In the event of a strike or lock-out involving operators employed in a facility, the Director may direct that sections 14 and 15 not apply to the facility for the duration of the strike or lock-out if the Director is satisfied that the facility will be operated without a significant risk to human health or the natural environment. O. Reg. 129/04, s. 16.

Operator-in-charge

17. (1) The owner of a facility or a person authorized by the owner shall designate one or more licensed operators as operators-in-charge of the facility. O. Reg. 129/04, s. 17 (1).

(2) The owner or a person authorized by the owner shall ensure that records are maintained of the amount of time each operator works as an operator-in-charge. O. Reg. 129/04, s. 17 (2).

(3) Despite subsection (1), the owner may designate a professional engineer who does not have an operator’s licence as an operator-in-charge. O. Reg. 129/04, s. 17 (3).

(4) Subsection (3) shall not be relied on by the owner for more than 180 days in any 24-month period. O. Reg. 129/04, s. 17 (4).

(5) A person who holds an operator-in-training’s licence cannot act as an operator-in-charge. O. Reg. 129/04, s. 17 (5).

Duties of operator-in-charge

18. (1) An operator-in-charge is authorized to,

(a) set operational parameters for the facility or for a process that controls the effectiveness or efficiency of the facility; and

(b) direct or supervise operators in the facility. O. Reg. 129/04, s. 18 (1).

(2) An operator-in-charge shall,

(a) take all steps reasonably necessary to operate the processes within his or her responsibility in a safe and efficient manner in accordance with the relevant operations manuals;

(b) ensure that the processes within his or her responsibility are measured, monitored, sampled and tested in a manner that permits them to be adjusted when necessary;

(c) ensure that records are maintained of all adjustments made to the processes within his or her responsibility; and

(d) ensure that all equipment used in the processes within his or her responsibility is properly monitored, inspected and evaluated and that records of equipment operating status are prepared and available at the end of every operating shift. O. Reg. 129/04, s. 18 (2).

Record-keeping re operation of facility

19. (1) The owner of a facility shall ensure that logs or other record-keeping mechanisms are provided to record information concerning the operation of the facility. O. Reg. 129/04, s. 19 (1).

(2) Entries in the logs or other record-keeping mechanisms shall be made chronologically. O. Reg. 129/04, s. 19 (2).

(3) No person shall make an entry in a log or other record-keeping mechanism unless the person is an operator-in-charge or is authorized to make an entry by the owner or an operator-in-charge. O. Reg. 129/04, s. 19 (3).

(4) A person who makes an entry in a log or other record-keeping mechanism shall do so in a manner that permits the person to be unambiguously identified as the maker of the entry. O. Reg. 129/04, s. 19 (4).

(5) An operator-in-charge or a person authorized by an operator-in-charge shall record the following information in the logs or other record-keeping mechanisms in respect of each operating shift:

1. The date, the time of day the shift began and ended and the number or designation of the shift.

2. The names of all operators on duty during the shift.

3. Any departures from normal operating procedures that occurred during the shift and the time they occurred.

4. Any special instructions that were given during the shift to depart from normal operating procedures and the person who gave the instructions.

5. Any unusual or abnormal conditions that were observed in the facility during the shift, any action that was taken and any conclusions drawn from the observations.

6. Any equipment that was taken out of service or ceased to operate during the shift and any action taken to maintain or repair equipment during the shift. O. Reg. 129/04, s. 19 (5).

(6) The owner shall ensure that logs and other record-keeping mechanisms are accessible in the facility for at least two years after each entry in it was made. O. Reg. 129/04, s. 19 (6).

Operations and maintenance manuals

20. (1) The owner of a facility shall ensure that operators and maintenance personnel in the facility have ready access to comprehensive operations and maintenance manuals that contain plans, drawings and process descriptions sufficient for the safe and efficient operation of the facility. O. Reg. 129/04, s. 20 (1).

(2) The owner shall ensure that the manuals are reviewed and updated at least once every two years. O. Reg. 129/04, s. 20 (2).

Training

21. (1) The owner of a facility shall ensure that every operator employed in the facility is given at least 40 hours of training every year. O. Reg. 129/04, s. 21 (1).

(2) The training may include, for example, training in new or revised operating procedures, reviews of existing operating procedures, safety training and studies of information and technical skills related to environmental subjects. O. Reg. 129/04, s. 21 (2).

(3) The owner shall ensure that records are maintained of the training given under this section, including the names and positions of the operators who attend training sessions, the date or dates of each training session, the duration of each training session and the subjects covered at each training session. O. Reg. 129/04, s. 21 (3).

(4) The owner shall submit copies or summaries of the records to the Director when requested to do so by the Director. O. Reg. 129/04, s. 21 (4).

22. Omitted (revokes other Regulations). O. Reg. 129/04, s. 22.

23. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 129/04, s. 23.

SCHEDULE 1
FACILITY CLASSIFICATION POINT SYSTEMS

1. A wastewater collection facility is classified in accordance with Table 1, based on the number of points applicable to the facility under the point system described in Table 2.

2. A wastewater treatment facility is classified in accordance with Table 1, based on the number of points applicable to the facility under the point system described in Table 3.

3. (1) For the purpose of section 2, the number of points applicable to a package wastewater treatment facility under the point system described in Table 3 may be reduced by the Director if he or she is satisfied that the operational needs of the package wastewater treatment facility are less than the operational needs of other wastewater treatment facilities.

(2) In subsection (1),

“package wastewater treatment facility” means a wastewater treatment facility where the treatment processes of the facility meet the following criteria:

1. The facility has been manufactured as a complete unit.

2. The facility has been preassembled and delivered in not more than four modules to the site where it is used.

3. The facility has a design flow of 1,300 cubic metres per day or less.

TABLE 1
CLASSES OF FACILITIES

Class

Number of Points

Class I

30 or less

Class II

31 to 55

Class III

56 to 75

Class IV

76 or more

TABLE 2
WASTEWATER COLLECTION FACILITIES POINT SYSTEM

 

Facility Characteristics

Number of Points

1.

Population Served

 
 

– 0 to 5,000 people

0

 

– 5,001 to 50,000 people

1

 

– 50,001 to 100,000 people

2

 

– More than 100,000 people

3

2.

Type of Service

 
 

– Facility includes combined sanitary and storm sewers, with length of combined sewers equal to 10% or less of total

2

 

– Facility includes combined sanitary and storm sewers, with length of combined sewage equal to more than 10% of total

4

 

– Facility collects industrial sewage, with volume of industrial sewage equal to 20% or less of total

2

 

– Facility collects industrial sewage, with volume of industrial sewage equal to more than 20% of total

4

3.

Pumping Stations

 
 

– Facility has pumping station

10

 

– Pumping station is generator supported

2

 

– Pumping station has overflow chamber

2

 

– Pumping station has grit chamber

2

 

– Pumping station has alarm

2

 

– Pumping station has odour control

2

 

– Pumping station staffed 24 hours per day

10

4.

Force Mains

 
 

– Facility has force mains

10

 

– Total length of force mains exceeds 1 kilometre

4

 

– Force mains have active cathodic protection

2

5.

Age of Facility Materials

 
 

– More than 10% of facility materials pre-date 1950

4

 

– More than 50% of facility materials pre-date 1970

4

6.

By-pass Chamber

 
 

– Facility has by-pass chamber

10

 

– By-pass chamber has alarm

2

 

– By-pass chamber has disinfection

2

7.

Special Features

 
 

– Facility has flow equalization or fill and draw chambers

4

 

– Facility has inverted siphons

4

 

– Facility has access deeper than 10 metres

6

TABLE 3
WASTEWATER TREATMENT FACILITIES POINT SYSTEM

 

Facility Characteristics

Number of Points

1.

Population Served

1 point for every 10,000 people, to a maximum of 10 points

2.

Flow (average daily design flow or average daily flow in peak month, whichever is greater)

1 point for every 4,500 cubic metres, to a maximum of 10 points

3.

Raw Waste Flow and Toxicity

 
 

– Variations in flow are less than 100% of average values and raw waste is not subject to toxic waste discharges

0

 

– Variations in flow are 100% to 200% of average values and raw waste is not subject to toxic waste discharges

2

 

– Variations in flow are more than 200% of average values and raw waste is not subject to toxic waste discharges

4

 

– Raw waste is subject to toxic waste discharges

6

4.

Effluent Discharge

A maximum of 6 points

 

– Receiving water sensitivity to effluent discharge:

 
 

– Secondary treatment is adequate

1

 

– More than secondary treatment is required, but a very high degree of treatment is not required

2

 

– Very high degree of treatment is required

3

 

– Facility uses evaporation to dispose of all effluent

2

 

– Facility uses land spraying to dispose of all effluent

4

5.

Pretreatment

 
 

– Facility uses screening or comminution

3

 

– Facility has grit removal

3

 

– Facility uses plant pumping of main flow

3

 

– Facility uses chemical precipitation or pH adjustment

6

6.

Primary Treatment

 
 

– Facility uses primary clarifiers

5

 

– Facility uses combined sedimentation and digestion

5

 

– Facility uses chemical addition, other than for disinfection

4

7.

Secondary Treatment

 
 

– Facility uses trickling filter with secondary clarifiers

10

 

– Facility uses activated sludge with secondary clarifiers

15

 

– Facility uses stabilization pond without aeration

5

 

– Facility uses aerated lagoon

8

8.

Advanced Waste Treatment

 
 

– Facility uses polishing pond

2

 

– Facility uses advanced chemical or physical treatment without secondary treatment

15

 

– Facility uses advanced chemical or physical treatment with secondary treatment

10

 

– Facility uses advanced biological treatment

12

 

– Facility uses ion exchange

10

 

– Facility uses reverse osmosis or electrodialysis

15

 

– Facility uses chemical recovery or carbon regeneration

4

9.

Solids Handling

 
 

– Facility uses thickening

5

 

– Facility uses anaerobic digestion

10

 

– Facility uses aerobic digestion

6

 

– Facility uses evaporative sludge drying

2

 

– Facility uses mechanical dewatering

8

 

– Facility uses incineration, gasification, pyrolysis, plasma arc treatment or another method of thermal treatment

12

 

– Facility uses wet oxidation

12

10.

Disinfection

 
 

– Facility uses chlorination or a comparable process

5

 

– Facility has on-site generation of disinfectant

5

11.

Laboratory Control by Facility Personnel

 
 

    (a) Bacteriological and Biological

The greatest of the following amounts that applies to the facility:

 

– Lab work is done outside the facility

0

 

– Facility personnel do membrane filter procedures

3

 

– Facility personnel use fermentation tubes or other dilution methods or do fecal coliform determinations

5

 

– Facility personnel do biological identification

7

 

– Facility personnel do virus studies or similar work

10

 

    (b) Chemical and Physical

The greatest of the following amounts that applies to the facility:

 

– Lab work is done outside the facility

0

 

– Facility personnel use push-button or visual methods, to do simple determinations such as pH or settleable solids

3

 

– Facility personnel do DO, COD, BOD, volatile content or solids determinations, gas analysis, tirations, or similar tests

5

 

– Facility personnel do determinations for specific constituents, nutrients, total oils or phenols, or similar determination

7

 

– Facility personnel perform procedures using very sophisticated instrumentation, such as atomic absorption or gas chromatography

10

O. Reg. 129/04, Sched. 1; O. Reg. 111/07, s. 1.

SCHEDULE 2
QUALIFICATIONS FOR OPERATOR’S LICENCES

Operators-in-Training

1. The qualifications for an operator-in-training’s licence for a type of facility are:

1. The person must have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent.

2. The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators-in-training for that type of facility.

Class I Operators

2. The qualifications for a Class I operator’s licence for a type of facility are:

1. The person must have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent.

2. The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators with Class I licences for that type of facility.

3. The person must have at least one year of experience as an operator-in-training in that type of facility.

Class II Operators

3. The qualifications for a Class II operator’s licence for a type of facility are:

1. The person must have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent.

2. The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators with Class II licences for that type of facility.

3. The person must have a Class I operator’s licence or, for the reissue of a Class II operator’s licence, a Class II operator’s licence, for that type of facility.

4. The person must have at least three years of experience as an operator in that type of facility.

Class III Operators

4. (1) The qualifications for a Class III operator’s licence for a type of facility are:

1. The person must,

i. have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent, and

ii. have successfully completed at least two years of additional education or training that, in the opinion of the Director, is relevant to the functions performed by operators of that type of facility.

2. The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators with Class III licences for that type of facility.

3. The person must have a Class II operator’s licence or, for the reissue of a Class III operator’s licence, a Class III operator’s licence, for that type of facility.

4. The person must have at least four years of experience as an operator in that type of facility, including at least two years as an operator-in-charge in a Class II, Class III or Class IV facility.

(2) For the purpose of meeting the education or training qualifications in subparagraph 1 ii of subsection (1), up to one year of experience as an operator-in-charge in a Class II, Class III or Class IV facility may be substituted for the equivalent length of education.

(3) Experience as an operator-in-charge used for the purpose of clause (2) (a) shall not be used to meet the experience qualification in paragraph 4 of subsection (1).

Class IV Operators

5. (1) The qualifications for a Class IV operator’s licence for a type of facility are:

1. The person must,

i. have successfully completed Grade 12 in Ontario or have education qualifications that the Director considers equivalent, and

ii. have successfully completed at least four years of additional education or training that, in the opinion of the Director, is relevant to the functions performed by operators of that type of facility.

2. The person must have obtained a mark that the Director considers satisfactory in an examination approved by the Director relating to the functions performed by operators with Class IV licences for that type of facility.

3. The person must have a Class III operator’s licence or, for the reissue of a Class IV operator’s licence, a Class IV operator’s licence, for that type of facility.

4. The person must have at least four years of experience as an operator in that type of facility, including at least two years as an operator-in-charge in a Class III or Class IV facility.

(2) For the purpose of meeting the education or training qualifications in subparagraph 1 ii of subsection (1), up to two years of experience as an operator-in-charge in a Class III or Class IV facility may be substituted for the equivalent length of education.

(3) Experience as an operator-in-charge used for the purpose of subsection (2) shall not be used to meet the experience qualification in paragraph 4 of subsection (1).

Special Rules — Professional Engineers

6. The experience qualifications under this Schedule for a class of licence and type of facility do not apply to a professional engineer if the professional engineer obtains a mark that the Director considers above average in an examination approved by the Director relating to the functions performed by operators with that class of licence for that type of facility.

Special Rules — Education And Training

7. The following rules apply for the purpose of determining whether a person meets the education and training qualifications established by this Schedule:

1. If an applicant for a licence has not successfully completed Grade 12 in Ontario, the applicant may use his or her experience as an operator to meet that education qualification, on the basis that each year of experience as an operator is equivalent to two years of elementary education or one year of secondary education, but years of experience as an operator used for this purpose shall not be used to meet the experience qualifications established by this Schedule.

2. The length of education or training obtained through training sessions approved by the Director shall be determined on the basis that 450 hours of participation in such training sessions is equivalent to one year of education or training.

Special Rules — Experience

8. (1) The following rules apply for the purpose of determining whether a person meets the experience qualifications established by this Schedule for a Class II, Class III or Class IV licence:

1. An applicant for a licence may substitute education or training that meets the requirements of the education and training qualifications established by this Schedule, other than elementary or secondary education, for up to half of the experience as an operator required by this Schedule, but education or training used for this purpose shall not be used to meet the education and training qualifications established by this Schedule.

2. The Director may permit an applicant for a licence to substitute experience as an operator in a different type of facility or experience in a facility other than as an operator for the experience required by this Schedule, if the Director is of the opinion that the experience or qualifications are relevant to the class of licence being applied for.

(2) Experience as an operator-in-charge while holding an operator-in-training’s licence shall not be considered for the purpose of determining whether a person meets the qualification of at least two years of experience as an operator-in-charge established by this Schedule for a Class III or Class IV licence.

Supplemental Rules — Examinations

9. Where this Schedule provides that obtaining a mark that the Director considers satisfactory in an examination approved by the Director is a qualification for a class of licence, the Director may approve different examinations for different categories of applicants for that class of licence.

O. Reg. 129/04, Sched. 2.