For information only: Made by the Minister of Environment and Parks (M.O. 26/2022) on June 7, 2022 pursuant to section 153 of the Environmental Protection and Enhancement Act. 1 The Potable Water Regulation (AR 277/2003) is amended by this Regulation. 2 Section 1(1) is amended (a) in clause (f) (i) in subclause (i) by striking out "or Interim Maximum Acceptable Concentration, except for fluoride,"; (ii) by adding "and" at the end of subclause (i) and by repealing subclause (ii); (b) by adding the following after clause (g): (g.1) "micro waterworks system" means a waterworks system that meets the standards and requirements established by the Standards for Micro Waterworks Systems, published by the Department, as amended or replaced from time to time; 3 Section 4 is repealed and the following is substituted: Design and installation standards 4(1) A waterworks system, other than a micro waterworks system, must be designed in a manner that meets, as a minimum, (a) the standards and design requirements set out in the Standards and Guidelines for Municipal Waterworks, Wastewater and Storm Drainage Systems, published by the Department, as amended or replaced from time to time, or (b) any other standards and design requirements specified by the Director. (2) A micro waterworks system must be installed in a manner that meets, as a minimum, (a) the standards and requirements set out in the Standards for Micro Waterworks Systems, published by the Department, as amended or replaced from time to time, or (b) any other standards and requirements specified by the Director. (3) The design of a waterworks system or a portion of a waterworks system, other than a micro waterworks system, must be stamped and signed by the professional engineer who designed the system or portion of the system. (4) The installation of a micro waterworks system in accordance with the standards and requirements referred to in subsection (2) must be verified by a professional engineer, in the manner established by the Department. (5) The design of a water distribution system or a portion of a water distribution system must (a) be designed in a manner that meets, as a minimum, (i) the standards and design requirements set out in the Standards and Guidelines for Municipal Waterworks, Wastewater and Storm Drainage Systems, published by the Department, as amended or replaced from time to time, or (ii) any other standards and design requirements specified by the Director, and (b) be stamped and signed by the professional engineer who designed the water distribution system or portion of the system. (6) Where a waterworks system, other than a micro waterworks system, (a) was operating on the date this Regulation came into force and did not meet the standards and design requirements referred to in subsection (1)(a), or (b) does not meet a change made to the standards and design requirements referred to in subsection (1)(a) made after the date this Regulation came into force, subsection (1)(a) does not apply to the waterworks system until the date specified by the Director in a notice in writing given to a person responsible for the waterworks system. (7) Where a waterworks system that is being operated as a micro waterworks system (a) on June 29, 2022, does not meet the standards and requirements referred to in subsection (2)(a), or (b) does not meet a change made to the standards and requirements referred to in subsection (2)(a) made after June 29, 2022, subsection (2)(a) does not apply to the waterworks system until the date specified by the Director in a notice in writing given to a person responsible for the waterworks system. (8) A person who receives a notice under subsection (6) or (7) shall comply with the notice in accordance with its terms. 4 Section 6 is amended (a) in subsection (1)(a) by striking out "or Interim Maximum Acceptable Concentration"; (b) by adding the following after subsection (2): (2.1) Where a waterworks system (a) was operating on June 29, 2022, (b) was operating pursuant to a registration that was in respect of an activity listed in clause (a) or (c) of Division 5 of Schedule 2 to the Activities Designation Regulation (AR 276/2003), and (c) does not meet the Maximum Acceptable Concentration for fluoride specified in the Guidelines for Canadian Drinking Water Quality, published by Health Canada, as amended or replaced from time to time, the Maximum Acceptable Concentration for fluoride does not apply to the waterworks system until the date specified by the Director in a notice in writing given to a person responsible for the waterworks system. (c) in subsection (3) by adding "or (2.1)" after "subsection (2)". 5 Section 7 is repealed and the following is substituted: Performance standards 7(1) A waterworks system must meet at least the minimum waterworks performance standards set out in (a) the Standards and Guidelines for Municipal Waterworks, Wastewater and Storm Drainage Systems, published by the Department, as amended or replaced from time to time, or (b) in the case of a micro waterworks system, the standards and requirements set out in the Standards for Micro Waterworks Systems, published by the Department, as amended or replaced from time to time. (2) Where a waterworks system, other than a micro waterworks system, (a) was operating on the date this Regulation came into force and did not meet the standards referred to in subsection (1)(a), or (b) does not meet a change made to the standards referred to in subsection (1)(a) made after the date this Regulation came into force, subsection (1)(a) does not apply to the waterworks system until the date specified by the Director in a notice in writing given to a person responsible for the waterworks system. (3) Where a waterworks system that is being operated as a micro waterworks system (a) on June 29, 2022, does not meet the standards referred to in subsection (1)(b), or (b) does not meet a change made to the standards referred to in subsection (1)(b) made after June 29, 2022, subsection (1)(b) does not apply to the waterworks system until the date specified by the Director in a notice in writing given to a person responsible for the waterworks system. (4) A person who receives a notice under subsection (2) or (3) shall comply with the notice in accordance with its terms. 6 Section 8(a) is amended by adding "American" before "National Standards". 7 Section 9 is amended (a) in subsection (2) by striking out "In" and substituting "Except in the case of a micro waterworks system, in"; (b) by adding the following after subsection (2): (3) A micro waterworks system must ensure that an adequate alternative water supply sufficient to meet demand for potable water for an extended period is available at all times, in accordance with the Standards for Micro Waterworks Systems, published by the Department, as amended or replaced from time to time. 8 Section 11 is amended (a) by renumbering section 11 as section 11(1); (b) in subsection (1) by striking out "Any" and substituting "Except in the case of a micro waterworks system, any"; (c) by adding the following after subsection (1): (2) In the case of a micro waterworks system, any failure or equipment malfunction that may affect the quality of water produced by the system, or any instance where the use of an alternative water supply is likely to be greater than 7 days, must be reported (a) to the Director, and (b) to the appropriate Regional Health Authority. 9 Section 17(2) is amended by adding "or" at the end of clause (f) and by repealing clause (g). 10 The following is added after section 17: Codes of practice 17.1(1) The following codes of practice are adopted pursuant to section 38 of the Act and form part of this Regulation: (a) the Code of Practice for Waterworks Systems Using High Quality Groundwater, published by the Department, as amended or replaced from time to time; (b) the Code of Practice for a Waterworks System Consisting Solely of a Water Distribution System, published by the Department, as amended or replaced from time to time. (2) A person who, pursuant to a registration, carries on an activity referred to in Column A of the Schedule shall comply with the corresponding code of practice referred to in Column B of the Schedule in the carrying on of that activity. (3) Subsection (2) does not apply to a waterworks system that was operating on October 1, 2003, until the date specified by the Director in a notice in writing to the person advising the person that the code of practice or part of the code of practice is to apply. (4) The notice referred to in subsection (3) must specify (a) that all or part of the code of practice is to apply and if only part is to apply, which part, and (b) the date on which all or part of the code of practice is to apply. (5) A person who receives a notice under subsection (3) shall comply with the notice in accordance with its terms. (6) Where subsection (2) does not apply to a waterworks system as a result of the operation of subsection (3), the person shall comply with the conditions specified in the most recent approval for the waterworks system issued under the Act, until the date specified in the notice referred to in subsection (3). (7) Notwithstanding subsection (2), where the Director issues an approval in respect of the activity pursuant to section 6(3) of the Activities Designation Regulation (AR 276/2003), the approval holder (a) is not required to comply with the applicable code of practice, and (b) shall comply with the terms and conditions of the approval. Transitional - codes of practice 17.2 Where before the coming into force of the Activities Designation Regulation (AR 276/2003) a person held an approval in respect of an activity listed in Schedule 2, Division 5 of that Regulation, (a) that approval is deemed to be a registration for the purposes of the Act, and (b) the deemed registration has no expiry date. 11 Section 18 is repealed. 12 Section 19 is amended by striking out "June 30, 2022" and substituting "June 30, 2027". 13 The following is added after section 20: Schedule Column A Column B Construction, operation or reclamation of a waterworks system identified in clause (a) or (c) of Schedule 2, Division 5 of the Activities Designation Regulation (AR 276/2003) Code of Practice for Waterworks Systems Using High Quality Groundwater, published by the Department, as amended or replaced from time to time Construction, operation or reclamation of a waterworks system identified in clause (b) or (d) of Schedule 2, Division 5 of the Activities Designation Regulation (AR 276/2003), except a water distribution system serving a development that is located on land that is included in a condominium plan registered under the Land Titles Act, where the development is located in and receives its potable water from a city, town, specialized municipality, village, summer village, hamlet or settlement area as defined in the Metis Settlements Act Code of Practice for a Waterworks System Consisting Solely of a Water Distribution System, published by the Department, as amended or replaced from time to time 14 This Regulation comes into force on June 29, 2022.