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O. Reg. 410/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - DRINKING WATER SYSTEMS AND SEWAGE WORKS

filed July 15, 2020 under Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9

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ontario regulation 410/20

made under the

Emergency Management and Civil Protection Act

Made: July 15, 2020 (5:55 pm)
Filed: July 15, 2020
Published on e-Laws: July 16, 2020
Printed in The Ontario Gazette: August 1, 2020

Amending O. Reg. 75/20

(ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - DRINKING WATER SYSTEMS AND SEWAGE WORKS)

1. The title of Ontario Regulation 75/20 is amended by striking out “ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - ”.

2. The Regulation is amended by striking out the portion before Schedule 1.

3. The Regulation is amended by adding the following before Schedule 1:

Terms of Order

1. The terms of this Order are set out in Schedules 1 and 2.

4. (1) Section 1 of Schedule 1 of the Regulation is amended by striking out “while this Order is in effect” in the portion before clause (a) and substituting “until the end of July 31, 2020, but only if they were employed by or authorized by the owner of a drinking water system or the operating authority for the system, as the case may be, to do so under this Order on or before July 15, 2020”.

(2) Clause 1 (e) of Schedule 1 of the Regulation is revoked.

(3) Section 1 of Schedule 1 of the Regulation is amended by adding the following paragraph:

1.1 Only persons described in subparagraphs 1 (a) and (b) of this Schedule may perform operator-in-charge or overall responsible operator responsibilities and duties as set out in sections 23, 25 and 26 of O. Reg. 128/04.

(4) Section 2 of Schedule 1 of the Regulation is revoked and the following substituted:

2. Despite anything to the contrary in O. Reg. 128/04 other than section 19 of that Regulation, a certificate issued under that Regulation that expired or expires during the period that began on March 23, 2020 and ends on October 31, 2020 is extended until the later of the following dates:

i. The last day of the month that is six months after the month in which the certificate would have expired if it had not been extended under this Order.

ii. The last day of the month that is three months after the termination of the emergency that was declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020.

(5) Section 3 of Schedule 1 of the Regulation is amended by striking out “while this Order is in effect” and substituting “until the end of July 31, 2020” in the portion before clause (a).

(6) Section 3 of Schedule 1 of the Regulation is amended by adding the following clause:

(0.a) was, on or before July 15, 2020, employed by or authorized by the owner of a drinking water system or the operating authority for the system, as the case may be, to conduct such tests;

(7) Section 5 of Schedule 1 of the Regulation is revoked and the following substituted:

5. The Agency or the owner of a municipal drinking water system, as those terms are defined in section 2 of the SDWA, is authorized to continue, until the end of July 31, 2020, any measures that were taken under this Order on or before July 15, 2020 with respect to work deployment and staffing to respond to operational challenges posed by the outbreak of the coronavirus (COVID-19), but only if the measures are necessary to ensure the Agency or the owner can provide safe drinking water.

(8) Section 6 of Schedule 1 of the Regulation is amended by striking out “authorized to do” in the portion before and substituting “authorized until the end of July 31, 2020 to continue to do”.

5. (1) Section 1 of Schedule 2 of the Regulation is amended by striking out “of the Regulation, while this Order is in effect” in the portion before clause (a) and substituting “of that Regulation, until the end of July 31, 2020, but only if they were employed by or authorized by the owner of a drinking water system or the operating authority for the system, as the case may be, to do so under this Order on or before July 15, 2020”.

(2) Clause 1 (e) of Schedule 2 of the Regulation is revoked.

(3) Schedule 2 of the Regulation is amended by adding the following paragraph:

1.1 Only persons described in subparagraphs 1 (a) and (b) of this Schedule may perform operator-in-charge or overall responsible operator responsibilities and duties as set out in sections 15, 17 and 18 of O. Reg. 129/04.

(4) Section 2 of Schedule 2 of the Regulation is revoked and the following substituted:

2. Despite anything to the contrary in O. Reg. 129/04 other than section 11 of that Regulation, a licence issued under that Regulation that expired or expires during the period that began on March 23, 2020 and ends on October 31, 2020 is extended until the later of the following dates:

i. The last day of the month that is six months after the month in which the licence would have expired if it had not been extended under this Order.

ii. The last day of the month that is three months after the termination of the emergency that was declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020.

(5) Schedule 2 of the Regulation is amended by adding the following section:

3.1 Despite section 21 of O. Reg. 129/04, in 2020 the owner of a facility shall ensure that every operator employed in the facility is given at least 10 hours of training.

(6) Section 4 of Schedule 2 of the Regulation is amended by striking out “is authorized while this Order is in effect to take measures” and substituting “is authorized to continue, until the end of July 31, 2020, any measures that were taken under this Order on or before July 15, 2020”.

(7) Section 5 of Schedule 2 of the Regulation is amended by striking out “authorized to do” in the portion before clause (a) and substituting “authorized until the end of July 31, 2020 to continue to do”.