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.

O. Reg. 248/03: DRINKING-WATER TESTING SERVICES

filed June 16, 2003 under Safe Drinking Water Act, 2002, S.O. 2002, c. 32

Skip to content

 

ontario regulation 248/03

made under the

Safe drinking water act, 2002

Made: June 11, 2003
Filed: June 16, 2003
Printed in The Ontario Gazette: July 5, 2003

drinking-water testing services

Definitions

1. (1) In paragraph 4 of subsection 75 (3) of the Act and in this Regulation,

“sub-contract with another person” includes, with respect to a sample submitted to a laboratory for testing, arranging with another person for the testing to be conducted at another laboratory, even if the two laboratories are owned or operated by the same person.

(2) In this Regulation,

“certified operator” has the same meaning as in Ontario Regulation 170/03 (Drinking-Water Systems);

“water quality analyst” has the same meaning as in Ontario Regulation 170/03.

Tests at drinking-water systems that do not require drinking-water testing licence

2. (1) Tests for the following parameters are prescribed tests for the purpose of subsection 63 (2) of the Act:

1. Alkalinity.

2. Aluminium.

3. Chloride.

4. Chlorine dioxide.

5. Colour.

6. Copper.

7. Dissolved organic carbon.

8. Fluoride.

9. Free chlorine residual.

10. Free chlorine residual and total chlorine residual measured for the purpose of determining combined chlorine residual.

11. Hardness.

12. Iron.

13. Manganese.

14. Methane.

15. Odour.

16. Organic nitrogen.

17. pH.

18. Sulphate.

19. Sulphide.

20. Taste.

21. Temperature.

22. Total dissolved solids.

23. Turbidity.

24. Zinc.

(2) With respect to a test referred to in subsection (1), a person must have at least one of the following qualifications for the purpose of subsection 63 (2) of the Act:

1. The person must be a certified operator or a water quality analyst.

2. The person must, in the preceding 36 months, have successfully completed a course approved by the Director that relates to the operation and routine maintenance of drinking-water systems, including the conduct of the tests referred to in subsection (1).

(3) Subsection 11 (3) of the Act does not apply to an owner or operating authority of a drinking-water system with respect to a drinking-water testing service described in subsection 63 (2) of the Act.

Drinking-water testing licence not required for inspectors, etc.

3. Subsection 63 (1) of the Act does not apply to any of the following persons with respect to a test listed in subsection 2 (1) of this Regulation:

1. A provincial officer or a person acting under the supervision of a provincial officer.

2. A medical officer of health, a public health inspector within the meaning of the Health Protection and Promotion Act, or a person acting under the supervision of a public health inspector.

3. An inspector appointed under section 80 of the Health Protection and Promotion Act.

4. An inspector appointed under section 6 of the Occupational Health and Safety Act.

5. A professional engineer as defined in the Professional Engineers Act, or a person acting under the supervision of a professional engineer.

Continuous monitoring equipment and microbiological in-line testing equipment

4. (1) Subsections 11 (3) and 63 (1) of the Act do not apply with respect to tests for the following parameters that are conducted using continuous monitoring equipment that forms part of a drinking-water system:

1. Alkalinity.

2. Aluminium.

3. Chlorine dioxide.

4. Colour.

5. Fluoride.

6. Free chlorine residual.

7. Free chlorine residual and total chlorine residual measured for the purpose of determining combined chlorine residual.

8. Hardness.

9. Methane.

10. Odour.

11. pH.

12. Taste.

13. Temperature.

14. Turbidity.

(2) Subsections 11 (3) and 63 (1) of the Act do not apply with respect to tests for a microbiological parameter that are conducted using microbiological in-line testing equipment that forms part of a drinking-water system, if the Director is of the opinion that the testing method used by the equipment and the person operating the equipment is equivalent to a testing method for the parameter that is accredited by an accreditation body for drinking-water testing that is designated or established under the Act.

Research and method development

5. Subsections 11 (3) and 63 (1) of the Act do not apply with respect to tests that meet the following criteria:

1. The tests are conducted by a person who provides a drinking-water testing service at a laboratory.

2. The tests are conducted for the sole purpose of carrying out research or developing testing methods and the purpose is outlined in a written research proposal.

3. The tests are not paid for on a fee per test basis.

List of out-of-province eligible laboratories

6. The following requirements are prescribed for the purpose of clause 11 (5) (b) of the Act:

1. Written permission has been given for a provincial officer to inspect the laboratory before the laboratory is added to the list, if the permission is requested by the Director.

2. Written permission has been given for provincial officers to inspect the laboratory, on 24 hours notice, at any time after the laboratory is added to the list.

3. The person who will provide drinking-water testing services at the laboratory has agreed in writing,

i. not to sub-contract with another person to perform a drinking-water testing service at another laboratory in relation to a sample submitted for testing,

ii. to comply with,

A. sections 18, 67 and 69 of the Act,

B. sections 9 to 13 of this Regulation, and

C. Schedule 16 to Ontario Regulation 170/03 (Drinking-Water Systems), and

iii. to comply with the conditions in paragraphs 3 and 4 of section 8 of this Regulation as if the person held a drinking-water testing licence.

4. The Director is satisfied that,

i. drinking-water testing services will be provided at the laboratory in accordance with the agreement referred to in paragraph 3, and, for that purpose, the laboratory has suitable resources, including facilities, staff, technical resources and records management systems, and

ii. drinking-water testing services will be provided at the laboratory with competence, honesty and integrity.

Expiry date of drinking-water testing licence

7. (1) A drinking-water testing licence expires on a date set out in the licence that is not later than the fifth anniversary of the date it was issued or renewed.

(2) If a drinking-water testing licence is amended, the Director may extend the expiration date of the licence to a date that is not later than the fifth anniversary of the date of the amendment.

Conditions of drinking-water testing licence

8. The following conditions are prescribed for the purpose of paragraph 6 of subsection 75 (3) of the Act:

1. If the Director gives the licensee a certificate confirming that the licensee holds a licence, the licensee shall ensure that the certificate is conspicuously displayed so that it can be viewed by persons who go to the laboratory specified in the licence to submit samples for drinking-water tests.

2. The licensee shall not sub-contract with another person to perform a drinking-water testing service at another laboratory in relation to a sample submitted for testing unless the licensee gives the other person a copy of the record made under subsection 10 (2).

3. The licensee shall develop and maintain written policies and procedures for handling samples, conducting drinking-water tests and reporting the results.

4. If the Director submits samples to the licensee for the purpose of a performance evaluation, the licensee shall conduct such tests as are specified by the Director and shall report the results to the Director in such manner and within such time as is specified by the Director.

Handling samples:  directions to person who submits samples

9. (1) If, before submitting samples for drinking-water tests, a person makes an arrangement with a person who provides drinking-water testing services,

(a) the person who provides drinking-water testing services shall give the other person directions on the handling of the samples, including any directions that the person who provides drinking-water testing services considers appropriate with respect to,

(i) collection procedures,

(ii) the use of specified kinds of containers or of containers that are provided by the person who provides drinking-water testing services,

(iii) the labelling of samples,

(iv) the completion and submission of forms that are provided by the person who provides drinking-water testing services,

(v) methods of transporting samples, including temperature conditions that must be maintained during transportation, and

(vi) time periods for delivery of samples; or

(b) the person who provides drinking-water testing services shall review the other person’s procedures for the handling of samples and direct the person to follow those procedures, subject to such modifications as the person who provides drinking-water testing services considers appropriate, including modifications with respect to the matters listed in clause (a).

(2) A person who provides drinking-water testing services shall make a record of all directions given under subsection (1).

Handling samples:  by person who provides testing services

10. (1) When a sample is submitted for a drinking-water test to a person who provides drinking-water testing services, the person who provides drinking-water testing services shall,

(a) store the sample in a secure manner;

(b) ensure that the analyte of interest in the sample does not degrade or undergo chemical or biological changes while in the person’s custody;

(c) appropriately label the sample;

(d) track the custody of the sample at all times using chain of custody procedures approved in writing by the Director; and

(e) retain the sample until the result of the drinking-water test has been reported in accordance with section 12.

(2) A person who provides drinking-water testing services shall not accept a sample for a drinking-water test without making a record of the acceptance of the sample in a form approved by the Director.

Testing protocols

11. (1) No person shall conduct a drinking-water test unless the test is conducted in accordance with a testing method that is,

(a) designated as an acceptable testing method for that test in the document published by and available from the Ministry entitled “Protocol of Accepted Drinking-Water Testing Methods” and dated May 26, 2003, as amended from time to time; or

(b) authorized for that test by a drinking-water testing licence that applies to the person.

(2) A person who is required to conduct drinking-water tests for more than one microbiological parameter,

(a) shall conduct separate tests for each parameter; and

(b) shall not infer the result for one parameter from a result obtained for another parameter.

Test reports

12. (1) After a drinking-water test is conducted by a person who provides drinking-water testing services, a person designated by the person who provides those services shall review the result of the test to determine whether to authorize the reporting of the result or to require the repetition of the test or other action.

(2) A person who provides drinking-water testing services shall, within 28 days after the reporting of a test result is authorized pursuant to subsection (1),

(a) prepare a report on the result of the test in a form approved by the Director; and

(b) send a copy of the report to the person named, on the form referred to in subsection 10 (2), as the person to whom the result should be sent.

(3) If a report prepared under subsection (2) relates to any of the following drinking-water tests, the person who prepared the report shall, within 28 days after the reporting of the test result is authorized pursuant to subsection (1), give a copy of the report to the Director in the manner approved by the Director:

1. A test required under Ontario Regulation 170/03 (Drinking-Water Systems).

2. A test required by an approval or order, including an order, direction or report in respect of a water works that was issued under the Ontario Water Resources Act before this Regulation came into force.

3. A test conducted by or pursuant to the direction of a provincial officer.

Testing records

13. (1) A person who provides drinking-water testing services shall ensure that the following documents are kept for at least five years:

1. All documents related to the submission, receipt, handling and testing of water samples for drinking-water tests, including the records made of directions given under section 9.

2. All results of drinking-water tests, and related supporting documents.

3. All reports on the results of drinking-water tests prepared under section 12, and all related supporting documents.

4. All documents relating to reports made under section 18 of the Act or Schedule 16 to Ontario Regulation 170/03 (Drinking-Water Systems), including transmittal records.

5. All documents related to staff training.

6. All documents related to policies and procedures for handling samples, conducting drinking-water tests and reporting the results.

(2) For the purpose of this section,

(a) a reference in paragraph 1 or 2 of subsection (1) to drinking-water tests shall be deemed to include a reference to tests required under Ontario Regulation 459/00 (Drinking Water Protection — Larger Water Works) or Ontario Regulation 505/01 (Drinking Water Protection — Small Water Works Serving Designated Facilities);

(b) a reference in paragraph 3 of subsection (1) to reports on the results of drinking-water tests prepared under section 12 shall be deemed to include a reference to reports prepared under subsection 7 (10) of Ontario Regulation 459/00 or subsection 10 (2) of Ontario Regulation 505/01.

Transition:  Ministry of Health and Long-Term Care laboratories

14. (1) Ontario Ministry of Health and Long-Term Care laboratories are prescribed laboratories for the purpose of subsection 74 (4) of the Act and, with respect to those laboratories, membership in the College of Medical Laboratory Technologists of Ontario is the qualification that a person must have for the purpose of that subsection.

(2) Subsection (1) does not apply after September 30, 2004.

Transition:  Exemptions from requirement for drinking-water testing licence

15. (1) Subsection 63 (1) of the Act does not apply to a person who provides a drinking-water testing service at a laboratory if,

(a) before August 1, 2003, the person submitted an application for a drinking-water testing licence to the Director under section 72 of the Act; and

(b) the only drinking-water tests conducted at the laboratory are tests for which the laboratory holds,

(i) an accreditation from the Standards Council of Canada, or

(ii) an accreditation that, in the Director’s opinion, is equivalent to an accreditation from the Standards Council of Canada.

(2) Subsection (1) does not apply to a person after the Director makes a decision in respect of the person’s application for a drinking-water testing licence.

(3) Subsection 63 (1) of the Act does not apply to a person who provides a drinking-water testing service at a laboratory if,

(a) before August 1, 2003, the person submitted an application for a drinking-water testing licence to the Director under section 72 of the Act;

(b) the Director refuses to issue a licence to the person and the person requires a hearing by the Tribunal under section 129 of the Act in respect of the refusal; and

(c) the only drinking-water tests conducted at the laboratory are tests for which the laboratory holds,

(i) an accreditation from the Standards Council of Canada, or

(ii) an accreditation that, in the Director’s opinion, is equivalent to an accreditation from the Standards Council of Canada.

(4) Subsection (3) does not apply to a person after the Tribunal’s decision in respect of the Director’s refusal to issue a licence to the person takes effect.

(5) Subsection (3) does not apply if the Chief Medical Officer of Health advises the Tribunal, the person and the Director in writing that, in his or her opinion, exempting the person from subsection 63 (1) of the Act would endanger, or likely endanger, public health.

(6) A person who is exempt from subsection 63 (1) of the Act pursuant to subsection (1) or (3) shall not conduct a drinking-water test unless the test is conducted in accordance with a testing method that is,

(a) designated as an acceptable testing method for that test in the document published by and available from the Ministry entitled “Protocol of Accepted Drinking-Water Testing Methods” and dated May 26, 2003, as amended from time to time; or

(b) approved in writing by the Director.

(7) A person who is exempt from subsection 63 (1) of the Act pursuant to subsection (1) or (3) shall comply with the conditions in paragraphs 4 to 6 of subsection 75 (3) of the Act as if the person held a drinking-water testing licence.

(8) Subsection 63 (1) of the Act does not apply to a person who conducts a test required by Schedule 8 or 9 to Ontario Regulation 170/03 (Drinking-Water Systems) if, pursuant to section 8-7 of Schedule 8 or section 9-8 of Schedule 9 to that regulation, the test may be conducted by any person.

(9) Subsection 11 (3) of the Act does not apply to an owner or operating authority of a drinking-water system with respect to a drinking-water testing service obtained from a person who, pursuant to this section, is exempt from subsection 63 (1) of the Act.

Commencement

16. (1) Subject to subsections (2) to (4), this Regulation comes into force on the day section 63 of the Safe Drinking Water Act, 2002 comes into force.

(2) Sections 1 and 13 come into force on the day this Regulation is filed.

(3) Sections 6, 7, 8 and 14 come into force on the day section 72 of the Safe Drinking Water Act, 2002 comes into force.

(4) Sections 9 and 10 come into force on August 1, 2003.