Definitions of 'Deficiency' and 'Municipal Drinking Water System
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O. Reg. 172/03: DEFINITIONS OF 'DEFICIENCY' AND 'MUNICIPAL DRINKING WATER SYSTEM', Under: Safe Drinking Water Act, 2002, S.O. 2002, c. 32
Safe Drinking Water Act, 2002
definitions of “Deficiency” and “Municipal drinking water system”
Consolidation Period: From May 22, 2025 to the e-Laws currency date.
Last amendment: 69/25.
Legislative History: 20/04, 257/05, 329/08, 209/19, 69/25.
This is the English version of a bilingual regulation.
“Deficiency”
1. A violation of any of the following provisions is prescribed as a deficiency for the purposes of the Act, including the definition of “deficiency” in subsection 2 (1) of the Act, if, in the opinion of the Director, the violation poses a drinking water health hazard:
1. Subsection 18 (1) of the Act.
2. Schedules 1, 2 and 6 to 18 to Ontario Regulation 170/03 (Drinking Water Systems).
3. Revoked: O. Reg. 329/08, s. 1.
4. Section 22 of Ontario Regulation 128/04 (Certification of Drinking Water System Operators and Water Quality Analysts). O. Reg. 172/03, s. 1; O. Reg. 257/05, s. 1; O. Reg. 329/08, s. 1.
“Municipal Drinking Water System”
2. (1) The following class is prescribed for the purposes of clause (d) of the definition of “municipal drinking water system” in subsection 2 (1) of the Act:
1. A drinking water system or part of a drinking water system, established or altered after June 1, 2003, that satisfies the conditions set out in subsection (2). O. Reg. 209/19, s. 1 (1); O. Reg. 69/25, s. 1 (1).
(2) The conditions referred to in paragraph 1 of subsection (1) are the following:
1. The drinking water system or part of the drinking water system is established or altered in accordance with,
i. an agreement with a municipality, entered into under the Planning Act, the Development Charges Act, 1997 or the Condominium Act, 1998, or
ii. an agreement between a municipality and Metrolinx or another transit authority.
2. The agreement referred to in paragraph 1 provides that ownership of the drinking water system or part of the drinking water system may be transferred to one of the following:
i. The municipality.
ii. A public utility commission deemed to be a municipal service board under section 195 of the Municipal Act, 2001.
iii. A municipal service board established under sections 9, 10, 11 and 196 of the Municipal Act, 2001 or a city board as defined in subsection 3 (1) of the City of Toronto Act, 2006.
iv. 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.
3. The drinking water system or part of the drinking water system, established or altered after June 1, 2003, serves or will serve a major residential development, or constitutes or will constitute an alteration to a drinking water system that serves a major residential development. O. Reg. 209/19, s. 1 (2); O. Reg. 69/25, s. 1 (2, 3).
3. Omitted (provides for coming into force of provisions of the English version of this Regulation). O. Reg. 172/03, s. 3.