O. Reg. 458/16: DRINKING WATER SYSTEMS, Filed December 15, 2016 under Safe Drinking Water Act, 2002, S.O. 2002, c. 32

ontario regulation 458/16

made under the

Safe Drinking Water Act, 2002

Made: December 14, 2016
Filed: December 15, 2016
Published on e-Laws: December 15, 2016
Printed in The Ontario Gazette: December 31, 2016

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:

“child care centre” means a child care centre as defined in the Child Care and Early Years Act, 2014; (“centre de garde”)

(2) Clause (a) of the definition of “children and youth care facility” in subsection 1 (1) of the Regulation is revoked and the following substituted:

(a) a child care centre,

(3) Clause (d) of the definition of “children and youth care facility” in subsection 1 (1) of the Regulation is amended by striking out “that receives funding under the Ministry of Community and Social Services Act” at the end.

(4) The definition of “day nursery” in subsection 1 (1) of the Regulation is revoked.

(5) Clause (c) of the definition of “delivery agent care facility” in subsection 1 (1) of the Regulation is amended by striking out “Day Nurseries Act” and substituting “Child Care and Early Years Act, 2014”.

(6) Clause (d) of the definition of “delivery agent care facility” in subsection 1 (1) of the Regulation is amended by striking out “Day Nurseries Act” and substituting “Child Care and Early Years Act, 2014”.

(7) Clauses (a) and (a.1) of the definition of “interested authority” in subsection 1 (1) of the Regulation are revoked and the following substituted:

(a) with respect to a children and youth care facility other than a child care centre or an Ontario Early Years Centre, the Ministry of Children and Youth Services, or any successor of that ministry,

(a.1) with respect to a delivery agent care facility, the service manager designated under the Housing Services Act, 2011 or the service system manager designated under the Child Care and Early Years Act, 2014 for the geographic area in which the facility is located, or any successor of that service manager or service system manager,

(8) Clause (c) of the definition of “interested authority” in subsection 1 (1) of the Regulation is amended by striking out “with respect to a school” at the beginning and substituting “with respect to a child care centre, Ontario Early Years Centre or a school”.

(9) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“Ontario Early Years Centre” means an Ontario Early Years Centre that receives funding under the Ministry of Community and Social Services Act or the Child Care and Early Years Act, 2014; (“centre de développement de la petite enfance de l’Ontario”)

2. The Table to section 4 of the Regulation is amended by striking out “4” and “5” wherever they appear in the Column entitled “Applicable Schedules - Treatment”.

3. (1) Paragraph 4 of subsection 5 (1) of the Regulation is amended by striking out “13-6, 13-10” and substituting “13-6, 13-6.1, 13-10”.

(2) Subsection 5 (2) of the Regulation is amended by striking out “11 and 13” in the portion before paragraph 1 and substituting “11, 13 and 21”.

(3) Paragraph 4 of subsection 5 (2) of the Regulation is amended by striking out “section 13-6 of Schedule 13” at the end and substituting “sections 13-6 and 13-6.1 of Schedule 13 and Schedule 21”.

(4) Subsection 5 (3) of the Regulation is amended by striking out “12 and 15” in the portion before paragraph 1 and substituting “12, 15 and 21”.

(5) Subsection 5 (3) of the Regulation is amended by adding the following paragraph:

4. If the system that obtains the water rechlorinates the water, Schedule 21.

4. (1) Paragraph 1 of subsection 7 (5) of the Regulation is amended by striking out “sound” in the portion before subparagraph i and substituting “signal”.

(2) Paragraph 2 of subsection 7 (5) of the Regulation is amended by striking out “sounds” and substituting “signals”.

5. Paragraph 2 of subsection 8 (5) of the Regulation is revoked.

6. (1) Subsection 11 (6) of the Regulation is amended by striking out “and” at the end of clause (e), by adding “and” at the end of clause (f) and by adding the following clause:

(g) in the case of a large municipal residential system, small municipal residential system or non-municipal year-round residential system, specify the number of points sampled during the periods described in subsection 15.1-4 (2) or subsection 15.1-5 (5) of Schedule 15.1 to the Regulation, the number of samples taken, and the number of points where a sample exceeded the prescribed standard for lead during those periods.

(2) Section 11 of the Regulation is amended by adding the following subsection:

(6.1) Clause (6) (g) does not apply unless a sample is taken from plumbing under subsection 15.1-4 (1) or (3) or subsection 15.1-5 (3), (4) or (8) of Schedule 15.1 to the Regulation.

7. Subparagraph 1 i of subsection 13 (2) of the Regulation is amended by striking out “13-6” and substituting “13-6, 13-6.1”.

8. (1) Paragraph 1 of subsection 1-6 (2) of Schedule 1 to the Regulation is amended by striking out “sound” in the portion before subparagraph i and substituting “signal”.

(2) Paragraph 2 of subsection 1-6 (2) of Schedule 1 to the Regulation is amended by striking out “sounds” and substituting “signals”.

9. (1) Paragraph 1 of subsection 2-6 (2) of Schedule 2 to the Regulation is amended by striking out “sound” in the portion before subparagraph i and substituting “signal”.

(2) Paragraph 2 of subsection 2-6 (2) of Schedule 2 to the Regulation is amended by striking out “sounds” and substituting “signals”.

10. Schedules 4 and 5 to the Regulation are revoked.

11. (1) Subparagraph 2 ii of subsection 6-5 (1) of Schedule 6 to the Regulation is amended by striking out “sound” and substituting “signal”.

(2) The French version of subparagraph 5 i of subsection 6-5 (1) of Schedule 6 to the Regulation is amended by striking out “d’une sonnerie d’alarme” and substituting “d’une alarme”.

(3) The French version of subparagraph 5 ii of subsection 6-5 (1) of Schedule 6 to the Regulation is amended by striking out “d’une sonnerie d’alarme” and substituting “d’une alarme”.

(4) Paragraph 1 of subsection 6-5 (1.1) of Schedule 6 to the Regulation is amended by striking out “sound” in the portion before subparagraph i and substituting “signal”.

(5) Subparagraph 2 i of subsection 6-5 (1.1) of Schedule 6 to the Regulation is amended by striking out “sounds” and substituting “signals”.

(6) Subparagraph 2 ii of subsection 6-5 (1.1) of Schedule 6 to the Regulation is amended by striking out “sounded” and substituting “signalled”.

(7) Subparagraph 3 i of subsection 6-5 (1.1) of Schedule 6 to the Regulation is amended by striking out “sounds” in the portion before sub-subparagraph A and substituting “signals”.

(8) Sub-subparagraph 3 i A of subsection 6-5 (1.1) of Schedule 6 to the Regulation is amended by striking out “sounded” and substituting “signalled”.

(9) Subparagraph 3 ii of subsection 6-5 (1.1) of Schedule 6 to the Regulation is amended by striking out “sounded” and substituting “signalled”.

(10) The French version of the Table to section 6-5 of Schedule 6 to the Regulation is amended by striking out “d’une sonnerie d’alarme” wherever it appears and substituting in each case “d’une alarme”.

(11) Subsection 6-9 (4) of Schedule 6 to the Regulation is amended by striking out “an approval or order” in the portion before clause (a) and substituting “an approval, municipal drinking water licence or order”.

12. (1) Subsection 13-6 (3) of Schedule 13 to the Regulation is revoked and the following substituted:

(3) For the purposes of Schedule 2 to the Ontario Drinking Water Quality Standards, the running annual average of quarterly results with respect to trihalomethanes shall be calculated for each calendar quarter by using the following formula:

[A + B + C + D] ÷ 4

in which,

  “A” is the average of all the results from the samples tested under subsection (2) in that calendar quarter,

  “B” is the average of all the results from the samples tested under subsection (2) in the most recent calendar quarter preceding the calendar quarter referred to in “A” in which testing was carried out,

  “C” is the average of all the results from the samples tested under subsection (2) in the most recent calendar quarter preceding the calendar quarter referred to in “B” in which testing was carried out, and

  “D” is the average of all the results from the samples tested under subsection (2) in the most recent calendar quarter preceding the calendar quarter referred to in “C” in which testing was carried out.

(2) Subsection 13-6.1 (3) of Schedule 13 to the Regulation is revoked and the following substituted:

(3) For the purposes of Schedule 2 to the Ontario Drinking Water Quality Standards, the running annual average of quarterly results with respect to haloacetic acids shall be calculated for each calendar quarter by using the following formula:

[A + B + C + D] ÷ 4

in which,

  “A” is the average of all the results from the samples tested under subsection (2) in that calendar quarter,

  “B” is the average of all the results from the samples tested under subsection (2) in the most recent calendar quarter preceding the calendar quarter referred to in “A” in which testing was carried out,

  “C” is the average of all the results from the samples tested under subsection (2) in the most recent calendar quarter preceding the calendar quarter referred to in “B” in which testing was carried out, and

  “D” is the average of all the results from the samples tested under subsection (2) in the most recent calendar quarter preceding the calendar quarter referred to in “C” in which testing was carried out.

(3) The following provisions of the Regulation are amended by striking out “trihalomethanes” and substituting “haloacetic acids”:

1. Paragraph 3 of subsection 13-6.1 (4) of Schedule 13 to the Regulation.

2. Paragraph 3 of subsection 13-6.1 (5) of Schedule 13 to the Regulation.

(4) Section 13-11 of Schedule 13 to the Regulation is amended by striking out “13-6” in the portion before clause (a) and substituting “13-6, 13-6.1”.

13. (1) Subsection 15.1-9 (6.1) of Schedule 15.1 to the Regulation is revoked.

(2) Subsection 15.1-9 (7) of Schedule 15.1 to the Regulation is amended by striking out “(5), (6) or (6.1)” and substituting “(5) or (6)”.

14. Section 15.2-3 of Schedule 15.2 to the Regulation is revoked and the following substituted:

Schools, private schools and child care centres

15.2-3. This Schedule does not apply to a drinking water system that serves only a school, private school or child care centre to which Ontario Regulation 243/07 (Schools, Private Schools and Child Care Centres) made under the Act applies.

15. Paragraph 3 of subsection 16-3 (1) of Schedule 16 to the Regulation is revoked and the following substituted:

3. A result in a sample of drinking water indicating that the concentration of a pesticide not listed in Schedule 2 to the Ontario Drinking Water Quality Standards exceeds 100 nanograms per litre.

Commencement

16. This Regulation comes into force on the later of July 1, 2017 and the day it is filed.