Safe Drinking Water Act, 2002, S.O. 2002, c. 32

• Jurisdiction: Ontario

Safe Drinking Water Act, 2002

S.O. 2002, chapter 32

Consolidation Period: From June 1, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 10, s. 7.

CONTENTS

part i
interpretation

Purposes

1 The purposes of this Act are as follows:

1. To recognize that the people of Ontario are entitled to expect their drinking water to be safe.

2. To provide for the protection of human health and the prevention of drinking water health hazards through the control and regulation of drinking water systems and drinking water testing. 2002, c. 32, s. 1.

Interpretation

Definitions

2 (1) In this Act,

“accredited operating authority” means an operating authority accredited under Part IV; (“organisme d’exploitation agréé”)

“administrative penalty” means a penalty imposed under section 121 or 121.1; (“pénalité administrative”)

“Agency” means the Ontario Clean Water Agency established under the Capital Investment Plan Act, 1993; (“Agence”)

“alteration” includes the following, in respect of a drinking water system, but excludes repairs to the system:

1. an extension of the system,

2. a replacement of part of the system,

3. a fragmentation of the system, and

4. taking all or part of the system permanently out of service; (“transformation”, “transformer”)

“deficiency” means, in respect of a drinking water system, a violation under this Act that is prescribed as a deficiency for the purposes of this Act; (“défaillance”)

“distribution system” means the part of a drinking water system that is used in the distribution, storage or supply of water and that is not part of a treatment system; (“réseau de distribution”)

“document” includes a sound recording, video tape, film, photograph, chart, graph, map, plan, survey, book of account, and information recorded or stored by means of any device; (“document”)

“drinking water” means,

(a) water intended for human consumption, or

(b) water that is required by an Act, regulation, order, municipal by-law or other document issued under the authority of an Act,

(i) to be potable, or

(ii) to meet or exceed the requirements of the prescribed drinking water quality standards; (“eau potable”)

“drinking water health hazard” means, in respect of a drinking water system,

(a) a condition of the system or a condition associated with the system’s waters, including any thing found in the waters,

(i) that adversely affects, or is likely to adversely affect, the health of the users of the system,

(ii) that deters or hinders, or is likely to deter or hinder, the prevention or suppression of disease, or

(iii) that endangers or is likely to endanger public health,

(b) a prescribed condition of the drinking water system, or

(c) a prescribed condition associated with the system’s waters or the presence of a prescribed thing in the waters; (“danger de l’eau potable pour la santé”)

“drinking water system” means a system of works, excluding plumbing, that is established for the purpose of providing users of the system with drinking water and includes,

(a) any thing used for the collection, production, treatment, storage, supply or distribution of water,

(b) any thing related to the management of residue from the treatment process or the management of the discharge of a substance into the natural environment from the treatment system, and

(c) a well or intake that serves as the source or entry point of raw water supply for the system; (“réseau d’eau potable”)

“drinking water test” means,

(a) a test for the purposes of this Act to assist in the determination of the quality of any waters in respect of a drinking water system,

(b) a test for the purposes of the Health Protection and Promotion Act to assist in the determination of the quality of any waters in respect of a small drinking water system within the meaning of that Act, and

(c) a prescribed test; (“analyse de l’eau potable”)

“drinking water testing licence” means a licence to provide a drinking water testing service issued under Part VII; (“permis d’analyse de l’eau potable”)

“drinking water testing service” means a service that involves the conduct of one or more drinking water tests; (“service d’analyse de l’eau potable”)

“drinking water works permit” means a permit issued under Part V; (“permis d’aménagement de station de production d’eau potable”)

“fragmentation” means,

(a) in respect of a municipal drinking water system, the replacement of all or part of the system with all or part of a non-municipal drinking water system, and

(b) in respect of a non-municipal drinking water system that is in a class prescribed for the purposes of subsection 52 (2), the replacement of all or part of the system with a non-municipal drinking water system that is not in a class prescribed for the purposes of that subsection; (“fragmentation”)

“justice” means a provincial judge or a justice of the peace; (“juge”)

“laboratory” means a place where drinking water tests are or will be conducted, whether or not other types of tests may be conducted at the place; (“laboratoire”)

“major residential development” means a development of six or more private residences on one or more properties; (“grand aménagement résidentiel”)

“medical officer of health” means, in respect of a drinking water system, the medical officer of health for the health unit in which the system is located or if none exists, the Chief Medical Officer of Health; (“médecin-hygiéniste”)

“Minister” means the Minister of the Environment, Conservation and Parks or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the ministry over which the Minister presides; (“ministère”)

“municipal drinking water licence” means a licence issued under Part V; (“permis municipal d’eau potable”)

“municipal drinking water system” means a drinking water system or part of a drinking water system,

(a) that is owned by a municipality or by a municipal service board established under the Municipal Act, 2001 or a city board established under the City of Toronto Act, 2006,

(b) that is owned by a corporation established under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act,

(c) from which a municipality obtains or will obtain water under the terms of a contract between the municipality and the owner of the system, or

(d) that is in a prescribed class; (“réseau municipal d’eau potable”)

“natural environment” includes the air, land and water of the Province of Ontario; (“environnement naturel”)

“non-municipal drinking water system” means a drinking water system that is not a municipal drinking water system; (“réseau d’eau potable non municipal”)

“operating authority” means, in respect of a drinking water system, the person or entity that is given responsibility by the owner for the operation, management, maintenance or alteration of the system; (“organisme d’exploitation”)

“operational plans” means, in respect of a drinking water system, the operational plans required under this Act; (“plans d’exploitation”)

“owner” includes, in respect of a drinking water system, every person who is a legal or beneficial owner of all or part of the system, but does not include the Agency or any of its predecessors where the Agency or predecessor is registered on title as the owner of the system; (“propriétaire”)

“person” includes a municipality; (“personne”)

“place” includes a building, structure, machine, vehicle and vessel; (“lieu”)

“plumbing” means a system of works,

(a) that comprise a “water system” for the purposes of the definition of “plumbing” in subsection 1 (1) of the Building Code Act, 1992, other than equipment installed in plumbing to treat water, and

(b) that are connected to a drinking water system; (“installation de plomberie”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“private residence” has the prescribed meaning; (“résidence privée”)

“raw water” means water that is in a drinking water system or in plumbing that has not been treated in accordance with,

(a) the prescribed standards and requirements that apply to the system, or

(b) such additional treatment requirements that are imposed by the licence or approval for the system, if the system is licensed or approved under this Act; (“eau brute”)

“raw water supply” means water outside a drinking water system that is a source of water for the system; (“approvisionnement en eau brute”)

“Registry” means the environmental registry established under section 5 of the Environmental Bill of Rights, 1993; (“Registre”)

“regulated non-municipal drinking water system” means, in respect of a provision of this Act or the regulations, a non-municipal drinking water system that is in a class prescribed for the purposes of that provision; (“réseau d’eau potable non municipal réglementé”)

“test” includes analyse when used as a verb, and “test”, when used as a noun, and “testing” have corresponding meanings; (“analyse”, “analyser”)

“treatment system” means any part of a drinking water system that is used in relation to the treatment of water and includes,

(a) any thing that conveys or stores water and is part of a treatment process, including any treatment equipment installed in plumbing,

(b) any thing related to the management of residue from the treatment process or the management of the discharge of a substance into the natural environment from the system, and

(c) a well or intake that serves as the source or entry point of raw water supply for the system; (“système de traitement”)

“Tribunal” means the Ontario Land Tribunal; (“Tribunal”)

“waters” includes drinking water, raw water, raw water supply and water contained in plumbing. (“eaux”) 2002, c. 32, s. 2 (1)...