O. Reg. 323/08: Certification of Drinking Water System Operators and Water Quality Analysts


Published: 2008-09-16

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ontario regulation 323/08

made under the

safe drinking water act, 2002

Made: September 10, 2008
Filed: September 16, 2008
Published on e-Laws: September 18, 2008
Printed in The Ontario Gazette: October 4, 2008


Amending O. Reg. 128/04

(Certification of Drinking Water System Operators and Water Quality Analysts)

1. (1) The definition of “limited groundwater subsystem” in subsection 1 (1) of Ontario Regulation 128/04 is amended by striking out “or” at the end of clause (a) and by revoking clause (b).

(2) The definition of “limited surface water subsystem” in subsection 1 (1) of the Regulation is amended by adding “or” at the end of clause (a), by striking out “or” at the end of clause (b) and by revoking clause (c).

(3) Clause (c) of the definition of “limited system” in subsection 1 (1) of the Regulation is amended by striking out “or” at the end of subclause (i) and by revoking subclause (ii).

2. Subsection 8 (3) of the Regulation is revoked and the following substituted:

(3) Despite subsection (2), the Director may issue a certificate to an applicant for a limited subsystem operator’s certificate who has not successfully completed Grade 12 in Ontario or does not have education qualifications that the Director considers equivalent if the Director would have been authorized to issue the certificate to the applicant under this Regulation as it read immediately before the day subsection 1 (8) of Schedule D to the Health System Improvements Act, 2007 came into force. 

3. (1) Clauses 10 (3) (a) and (b) of the Regulation are revoked and the following substituted:

(a) the Director is satisfied that,

(i) the owner or operating authority of a subsystem employs or has offered to employ the applicant, or

(ii) the owner or operator of a small drinking water system within the meaning of the Health Protection and Promotion Act employs or has offered to employ the applicant;

(b) the Director is satisfied that the owner, operating authority or operator referred to in clause (a) cannot readily obtain the services of an operator who holds the type and class of certificate otherwise required under this Regulation or under Ontario Regulation 318/08 (Transitional — Small Drinking Water Systems) or Ontario Regulation 319/08 (Small Drinking Water Systems) made under the Health Protection and Promotion Act;

(b.1) the owner, operating authority or operator 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 (4); and

(2) Subsection 10 (5) of the Regulation is revoked and the following substituted:

(5) A conditional certificate is valid only in respect of, 

(a) the subsystem referred to in subclause (3) (a) (i); or

(b) the small drinking water system referred to in subclause (3) (a) (ii).

4. (1) Paragraph 2 of subsection 13 (1) of the Regulation is amended by striking out “employment in a subsystem” and substituting “employment in a drinking water system”.

(2) Subparagraph 6 i of subsection 13 (1) of the Regulation is amended by striking out “a municipal residential system or limited system” and substituting “a drinking water system”.

(3) Subparagraph 6 ii of subsection 13 (1) of the Regulation is amended by striking out “the municipal residential system or limited system” at the end and substituting “a drinking water system”.

5. This Regulation comes into force on the day that subsection 1 (8) of Schedule D to the Health System Improvements Act, 2007 comes into force.