O. Reg. 253/05: Drinking Water Systems
filed June 3, 2005 under Safe Drinking Water Act, 2002, S.O. 2002, c. 32
Skip to contentontario regulation 253/05
made under the
safe drinking water act, 2002
Made: June 1, 2005
Filed: June 3, 2005
Printed in The Ontario Gazette: June 18, 2005
Amending O. Reg. 170/03
(Drinking-Water Systems)
1. (1) Subsection 1 (1) of Ontario Regulation 170/03 is amended by adding the following definition:
“children and youth care facility” means,
(a) a day nursery,
(b) a facility where child development services, child treatment services, child welfare services, community support services or young offenders services, within the meaning of the Child and Family Services Act, are provided, unless the facility is located in a private residence,
(c) a facility where child and family intervention services, within the meaning of Regulation 70 of the Revised Regulations of Ontario, 1990 (General) made under the Child and Family Services Act, are provided, unless the facility is located in a private residence,
(d) an Ontario Early Years Centre that receives funding under the Ministry of Community and Social Services Act,
(e) a location where a satellite program of an Ontario Early Years Centre that receives funding under the Ministry of Community and Social Services Act is operated, if the satellite program provides programs and services on a regular basis, or
(f) a residence licensed as a children’s residence under the Child and Family Services Act; (“établissement de services à l’enfance et à la jeunesse”)
(2) Clause (a) of the definition of “designated facility” in subsection 1 (1) of the Regulation is revoked and the following substituted:
(a) a children and youth care facility,
(a.1) a children’s camp,
(3) Clause (a) of the definition of “interested authority” in subsection 1 (1) of the Regulation is revoked and the following substituted:
(a) with respect to a children and youth care facility, the Ministry of Children and Youth Services, or any successor of that ministry,
(a.1) with respect to a delivery agent care facility, the delivery agent designated under the Ontario Works Act, 1997 or the Day Nurseries Act for the geographic area in which the facility is located, or any successor of that delivery agent,
(4) Clause (d) of the definition of “interested authority” in subsection 1 (1) of the Regulation is revoked and the following substituted:
(d) with respect to a social care facility, the Ministry of Community and Social Services, or any successor of that ministry, or
(5) The definition of “non-municipal seasonal residential system” in subsection 1 (1) of the Regulation is revoked and the following substituted:
“non-municipal seasonal residential system” means a non-municipal drinking-water system that,
(a) serves,
(i) a major residential development, or
(ii) a trailer park or campground that has more than five service connections; and
(b) does not operate to supply water to a development, trailer park or campground referred to in clause (a) for at least 60 consecutive days in,
(i) every calendar year, or
(ii) every period that begins on April 1 in one year and ends on March 31 in the following year; (“réseau résidentiel saisonnier non municipal”)
(6) The definition of “non-municipal year-round residential system” in subsection 1 (1) of the Regulation is amended by striking out “a non-municipal drinking-water system that is a not a seasonal system and” in the portion before clause (a) and substituting “a non-municipal drinking-water system, other than a non-municipal seasonal residential system, that”.
(7) The definition of “seasonal system” in subsection 1 (1) of the Regulation is revoked.
(8) Clauses (b), (c), (d), (f) and (g) of the definition of “social care facility” in subsection 1 (1) of the Regulation are revoked.
(9) Subsection 1 (5) of the Regulation is revoked.
(10) Subsection 1 (8) of the Regulation is revoked.
(11) Subsection 1 (9) of the Regulation is revoked and the following substituted:
(9) For the purposes of the definition of “non-municipal seasonal residential system” in subsection (1), a drinking-water system that, during the 365-day period that begins on the day the system begins operation, will not supply water for at least 60 consecutive days to a development, trailer park or campground referred to in clause (a) of that definition shall be deemed, during that 365-day period, to be a drinking-water system that does not operate to supply water to a development, trailer park or campground referred to in clause (a) of that definition for at least 60 consecutive days in every calendar year.
(10) Subsections (11) and (12) apply only if Bill 190 (An Act to promote good government by amending or repealing certain Acts and by enacting one new Act, introduced in the Legislative Assembly of Ontario on April 27, 2005) receives Royal Assent.
(11) References in subsection (12) to provisions of Bill 190 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 190 is renumbered, the references in subsection (12) shall be deemed to be references to the equivalent renumbered provisions of Bill 190.
(12) On the later of the day subsection 2 (2) of Schedule D to Bill 190 comes into force and the day this subsection comes into force, clause (b) of the definition of “children and youth care facility” in subsection (1) is amended by striking out “young offenders services” and substituting “youth justice services”.
2. The Regulation is amended by adding the following section:
Exemptions: certain systems that do not serve designated facilities
4.1 This Regulation does not apply to any of the following drinking-water systems unless the system serves a designated facility:
1. Large municipal non-residential systems.
2. Small municipal non-residential systems.
3. Non-municipal seasonal residential systems.
4. Large non-municipal non-residential systems.
5. Small non-municipal non-residential systems.
3. Subsection 6 (1) of the Regulation is amended by striking out “section 8.1 and subsections 9 (1) and 11 (2.1), (8) and (9)” in the portion before clause (a) and substituting “section 8.1, subsection 9 (1), section 10 and subsections 11 (2.1), (8) and (9)”.
4. (1) Subsection 8 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
Exemptions: warning notices for systems and users without electricity, etc.
(1) Subject to subsections (2) and (5), this Regulation does not apply to a drinking-water system if,
. . . . .
(2) Subsections 8 (2), (3), (4), (4.1) and (4.2) of the Regulation are revoked and the following substituted:
(2) Subsection (1) applies to a drinking-water system only if the system does not use electricity and does not serve any building or other structure that uses electricity.
(3) Paragraph 1 of subsection 8 (5) of the Regulation is revoked and the following substituted:
1. Sections 8.1, 9 and 10.
5. Section 8.1 of the Regulation is amended by adding the following subsection:
(7) Section 12 of the Act does not apply to a drinking-water system that is not listed in the Table to section 4.
6. Section 9 of the Regulation is amended by adding the following subsection:
(3) Subsection 31 (1) of the Act does not apply to a municipal drinking-water system that is not listed in the Table to section 4.
7. Paragraph 1 of section 10 of the Regulation is revoked.
8. (1) Subsections 11 (12) to (17) of the Regulation are revoked.
(2) Subsection 11 (19) of the Regulation is revoked.
9. (1) Subsection 12 (3) of the Regulation is amended by striking out “Paragraphs 1, 2, 4 and 5 of subsection (1)” at the beginning and substituting “Paragraphs 1 to 4 of subsection (1)”.
(2) Subsection 12 (6) of the Regulation is revoked.
10. (1) The English version of subclause 13 (5) (a) (i) of the Regulation is amended by striking out “referred in” and substituting “referred to in”.
(2) Clause 13 (5) (c) of the Regulation is amended by striking out “a reference in paragraph 2 of subsection (1) to annual reports” in the portion before subclause (i) and substituting “a reference in paragraph 3 of subsection (1) to annual reports”.
(3) Clause 13 (6) (c) of the Regulation is amended by striking out “a reference in paragraph 2 of subsection (2) to reports prepared under section 21” at the beginning and substituting “a reference in paragraph 3 of subsection (2) to reports prepared under Schedule 21”.
11. Section 1-9 of Schedule 1 to the Regulation is revoked.
12. (1) Section 2-9 of Schedule 2 to the Regulation is revoked and the following substituted:
Delayed compliance
2-9. Subject to section 2-8, if a non-municipal year-round residential system does not serve a designated facility, the system commenced operation before June 1, 2003 and, immediately before that day, the system was not in compliance with sections 2-2 to 2-6, those sections do not apply until July 1, 2006.
(2) Subsection 2-10 (1) of Schedule 2 to the Regulation is revoked and the following substituted:
Notice if s. 2-9 applies
(1) The owner of a drinking-water system shall give a notice to the Director in accordance with subsection (2) not later than December 31, 2005, if section 2-9 applies to the drinking-water system.
13. The English version of clause 6-7 (1) (b) of Schedule 6 to the Regulation is amended by striking out “amperometric chlorine analyser” and substituting “amperometric chlorine analyzer”.
14. Section 9-7 of Schedule 9 to the Regulation is revoked.
15. (1) Clause 12-2 (4) (a) of Schedule 12 to the Regulation is amended by striking out “and tested in accordance with subsection (2)” and substituting “and tested in accordance with subsection (3)”.
(2) Clause 12-2 (8) (a) of Schedule 12 to the Regulation is amended by striking out “and tested in accordance with subsection (2)” at the end and substituting “and tested in accordance with subsection (3)”.
(3) Clause 12-2 (8) (b) of Schedule 12 to the Regulation is amended by striking out “and tested in accordance with subsection (2)” at the end and substituting “and tested in accordance with subsection (3)”.
(4) Section 12-6 of Schedule 12 to the Regulation is revoked.
16. Section 15-9 of Schedule 15 to the Regulation is revoked.
17. Section 16-10 of Schedule 16 to the Regulation is revoked.
18. Subsection 22-2 (5) of Schedule 22 to the Regulation is revoked.