Report of the Expert Panel on Safe Drinking Water for First Nations

Appendix C: Cross-Country Comparison of Provincial and Territorial Water Legislation

The following charts provide a brief summary of provincial and territorial legislation, policy documents and guidelines that affect the following areas related to drinking water regulation:

operators
applicability, standards and testing
inspection and enforcement
emergency plans
information reporting
design approvals
operating approvals
source protection
wells
wastewater treatment
cisterns, water trucking
bulk water use

The last table contains links to legislation cited.

Operators

Regulatory Requirement (Operators)	Statute, Regulation, etc.	Section
Alberta
Operation of water treatment plant or water distribution system in a waterworks system must be done by certified operator	Potable Water Regulation, A. Reg. 277/2003	14(1)
Person responsible for a waterworks system must ensure there are a minimum number of certified operators present (as set out in approval)	Potable Water Regulation	14(2)
Director issues certificate of qualifications to operators at the levels described in the Water and Wastewater Operator's Certification Guidelines	Potable Water Regulation	15(1)
The level of operator certification is the same as the same as the classification of the facility Operator certification is based on AENV's Water and Wastewater Operator's Certification Guidelines	Standards and Guidelines for Municipal Waterworks, Wastewater and Storm Drainage Systems (January 2006)	1.14
The day-to-day operations of wastewater systems should be supervised by one or more persons who hold a valid certificate of qualification for the type of class of facility concerned.	Standards and Guidelines for Municipal Waterworks, Wastewater and Storm Drainage Systems (January 2006)	7.1.4.2, Table 7.2
Responsibilities of operators: understand Approval for facility, understand certification requirements, ensure subordinate operators meet certification requirements, contingency plan for operator absence	Standards and Guidelines for Municipal Waterworks, Wastewater and Storm Drainage Systems (January 2006)	7.1.4.3
Facilities exempt from having certified operators: hamlet and municipal development water systems that do not require treatment for health-effect parameters (high quality groundwater source), and have less than 15 service connections and less than 3 km of distribution system public facilities that have only a water distribution system or wastewater collection system wastewater systems that are regulated under the Safety Code Act.	Pat Lang (Acting Director, Drinking Water Branch)	-
Aspects of certification: facility classification (Ranging from Class I to IV) qualifications of operator qualification requirements examination process powers and responsibilities of an operator	Water and Wastewater Operator's Certification Guidelines	2 3 4 5 App. IV
“Conditional certificates” permitted for facility owners who cannot otherwise meet the requirements of approval (but only for small systems)	Water and Wastewater Operator's Certification Guidelines	4.2
Certification is mandatory for operator in charge. No other training requirementsStandards set by provincial legislation Certification done by province Training offered by province working with associations; also private organizations	Heather Edwards, "Certification Regimes for Water and Wastewater Facility Operators: A Review of Provincial and First Nations Approaches" (October 24, 2001)	P. 9
Certified operators are required to operate waterworks distribution systems.	Waterworks Systems Consisting Solely of a Water Distribution System	P. 7
Operator guidelines for waterworks systems	Waterworks Systems Using High Quality Groundwater	P. 7
British Columbia
Only a person qualified in accordance with the regulations (or a person supervised by someone so qualified) may operate, maintain or repair water supply systems; and it is the water supplier's responsibility to ensure this requirement is met	Drinking Water Protection Act, S.B.C. 2001, c. 9	9
A person is qualified to operate, maintain or repair a water supply system if the person is certified by the Environmental Operators Certification Program Exception for a person with specialist knowledge immediately relevant	Drinking Water Protection Regulation, B.C. Reg. 200/2003	12
Standards set by provincial legislation Certification done by Environmental Operator Certification ProgramTraining offered by BCWWA & others approved by Environmental Officer Certification Program	Heather Edwards, “Certification Regimes for Water and Wastewater Facility Operators: A Review of Provincial and First Nations Approaches” (October 24, 2001)	P. 9
Certification is a mandatory requirement effective May 2003. Systems serving 500 exempted from prescriptive requirement in December 2005, to facilitate a discretionary approach to owner/operator qualification	Barry Boettger (Provincial Drinking Water Officer)	-
Manitoba
Operating licence required to operate a public or semi-public water system	Drinking Water Safety Act	8
No person may operate an unclassified facility Certification Advisory Committee established (structure, powers) Classes of certificates range from training, small system and 1 to 4 Schedule B sets forth certification requirements for issuance of an operator's certificate Conditional certificate available, based on employment	Water and Wastewater Facility Operators Regulation, M. Reg. 77/2003	4(1), 2 11 12 13(3) 15(1)
Operating requirements: owner of facility must ensure that operators are certified operator-in-charge is responsible for overall operation of facility owner must ensure records of operator-in-charge retained	Water and Wastewater Facility Operators Regulation	23(1) 26(1) 31
Responsibilities of operator in charge: operate the facility in a safe and efficient manner in accordance with the relevant operations manuals ensure the processes s/he is responsible for are measured, monitored, sampled and tested ensure that records are maintained of all necessary adjustments are made to processes s/he is responsible for ensure equipment is properly monitored, inspected and evaluated, and that records of equipment operating status are prepared and available at the end of every operating shift	Water and Wastewater Facility Operators Regulation	32(a)-(d)
Newfoundland and Labrador
All waterworks in the province must be operated in a manner that the Minister may direct	Water Resources Act, SNL 2002, W-4.01	38(1)
Permits to Operate typically require that all systems are have trained operators (with operator certification strongly recommended) and that annual Operation and Maintenance Reports be submitted to the DOEC. Municipalities are required to submit the names of their system operators, and there is a database for the education and training of individual operators. The Permit to Operate recommends continuing education for all operators	Martin Goebel (Director, Water Resources Management Division; Department of Environment and Conservation)	-
Certification not mandatory, but training offered to all operators Standards set by Atlantic Canada Water and Wastewater Voluntary Certification Programme Certification done by province, Atlantic Canada Water and Wastewater Voluntary Certification Programme, Association of Boards of Certification Training offered by province, in consultation with local authorities and organizations	Heather Edwards, “Certification Regimes for Water and Wastewater Facility Operators: A Review of Provincial and First Nations Approaches” (October 24, 2001)	P. 9
Training includes classroom training, annual workshop and visits by mobile training units, all provided at no cost to operators	Martin Goebel (Director, Water Resources Management Division; Department of Environment and Conservation)	-
New Brunswick
No person shall operate a waterworks except in accordance with the terms and conditions of the approval issued for the waterworks	Water Quality Regulation, N.B. Reg. 82-126 (under the Clean Environment Act)	3(7)
Minister may require that a person responsible for a waterworks undergo a training program Person responsible for a waterworks must not permit a person to be in control the waterworks who refuses or fails such a training program	Water Quality Regulation	19
Operator may not cease to operate a waterworks without consent of Minister	Water Quality Regulation, N.B. Reg. 82-126	14
Certificates of Approval require that the approval holder ensure that operators of water treatment systems and water distribution system complete the California State University Water Distribution System Operation and Maintenance course, the New Brunswick Community College Water Distribution Fundamentals Program, or an approved equivalent. New operators must also complete certain parts of the Atlantic Canada Water and Wastewater Voluntary Certification Program (ACWWVCP) Approvals specify the required number of certified water distribution and/or treatment operators (based on the system classification)	Tony J. Whalen (Senior Drinking Water Engineer, Water & Wastewater Management Section, N.B. Department of Environment)	-
Certification done by province (administers exams)Training offered by associations and private contractors, in consultation with the province	Heather Edwards, “Certification Regimes for Water and Wastewater Facility Operators: A Review of Provincial and First Nations Approaches” (October 24, 2001)	P. 9
Northwest Territories
Commissioner and the Minister may, on behalf of the Government of NWT, enter into agreements with the Government of Canada (or a provincial government in conjunction with the Government of Canada) respecting water resources management	Water Resources Agreements Act, R.S.N.W.T. 1988, c.17 (Supp.)	2
MACA (Municipal and Community Affairs) provides training and oversees certifying WTP operators; regulations for the certifying of WTP operators being considered	“Managing Drinking Water Quality in NWT: A Preventative Framework Strategy” (May 2005)	P. 11
Standards set by NWT Water & Wastewater Certification Committee consistent with ABC standards Certification done by School of Community Government, Government of the NWT Training offered by School of Community Government via contract, e.g. BC WWA, or using in house staff Mandatory certification under public health legislation is currently under consideration	Duane Fleming (Chief Environmental Health Officer, Stanton Territorial Health Authority)	-
Nova Scotia
No person shall commence or continue any activity that is designated by the regulations as an activity or thing in respect of which a certificate of qualification is required unless that person holds the appropriate certificate of qualification	Environment Act, S.N.S. 1994-95, c. 1	62-63
There are several types and classes of operator certification certificates, having varying educational and experience requirements. Deemed certification for operators who hold a certificate issued by the Atlantic Canada Water and Wastewater Voluntary Certification Board Reciprocal certification for operators certified by the ABC or by a certification agency Education and operating experience requirements for operator certification certificate Exam requirements for operator certification certificate Surplus experience can compensate for education, and vice versa	Water and Wastewater Facilities and Public Drinking Water Supplies Regulation, N.S. Reg. 186/2005 (made under the Environment Act)	14 15 16 19 20 21-22
Facility must have a qualified operator in charge	Water and Wastewater Facilities and Public Drinking Water Supplies Regulation	27ff
Nunavut
No relevant provisions
Ontario
No person shall operate a municipal drinking-water system or a regulated non-municipal drinking-water system unless the person holds a valid operator's certificate issued in accordance with the regulations This requirement may not apply to all drinking water systems, depending on size and classification	Safe Drinking Water Act, 2002, S.O. 2002, c. 32 Drinking-Water Systems, O. Reg. 170/03 (made under the SDWA)	12(1)
Part IV of the Act will create a regime for the accreditation of operating authorities (the person or entity given responsibility by the owner for the operation and management of the system). Would require Minister to develop a Quality Management Standard for drinking-water systems, designate accreditation bodies (to administer accreditation programs for operating authorities)	Safe Drinking Water Act	13-29 [not yet in force]
For each type of municipal residential subsystem, there are four classes of operators' certificates (I to IV), and for limited groundwater and surface-water subsystems, and training licences Regulation provides for municipal residential operators' certificates (Qualifications required for each certificate set out in Sch. 2), limited subsystem operators' certificates, operator-in-training's certificates, conditional operators' certificates; certificate can be revoked or suspended on certain grounds	Certification of Drinking-Water System Operators and Water Quality Analysts, O. Reg. 128/04 (made under SDWA)	6 7-10, 13
The owner or operating authority of a subsystem shall ensure that every operator employed in the subsystem holds a certificate applicable to that type of subsystem The owner or operating authority of a municipal residential subsystem must designate as overall responsible operator of the subsystem an operator who holds the appropriate certificate	Certification of Drinking-Water System Operators and Water Quality Analysts	22 23
Owner or operating authority of a subsystem must designate one or more operators as operators-in-charge of the subsystem, who is/are authorized to set operational parameters for the subsystem, and must take all steps reasonably necessary to operate the processes in a safe and efficient manner, ensure that the processes are measured, monitored, sampled and tested in a manner that permits them to be adjusted when necessary, ensure records are maintained properly, and ensure that all equipment used in the processes is properly monitored, inspected and tested	Certification of Drinking-Water System Operators and Water Quality Analysts Regulation	25-26
Annual training required for operators	Certification of Drinking-Water System Operators and Water Quality Analysts Regulation	29
The certification program is delivered by the province through a program administrator, the Ontario Environmental Training Consortium, which evaluates license applications and administers exams. Operator training is not offered by the OETC. The Walkerton Clean Water Centre (which is an agency of the Ministry of the Environment) delivers the entry-level Drinking Water Operators Training course, the Preventing Waterborne Illness course and the Operation of Small Drinking Water Systems correspondence course. All other training is delivered by providers external to MOE.	Lisa Trevisan (Sr. Drinking Water Advisor, Office of the ADM/Chief Drinking Water Inspector, Drinking Water Management Division)	-
Prince Edward Island
Every owner of a facility shall place the responsibility for the operation, repair and maintenance of the facility under the direct responsible charge of an operator who holds a valid operator's certificate for the relevant classification Operator's certificate valid for four years; requirements of certificate set out in Sched. B; experience can substitute for education requirements	Drinking Water and Wastewater Facility Operating Regulations, P.E.I. Reg. EC710/04 (under the Environmental Protection Act)	4 5
Certification mandatory for municipal operators Regulations will come into force making certification mandatory for private systems in 2007 Continuing education required to maintain certification	George Somers (Drinking Water Management Section Manager)	-
Quebec
No one may operate a waterworks unless he has obtained a permit of operation from the Minister	Environment Quality Act, R.S.Q., c. Q-2	32.1
All the duties relating to the operation and monitoring of a treatment or distribution facility must be carried out by a certified person. Certified person must supervise all maintenance and repair work on a distribution facility and putting the distribution facilities into service after remedial or extension work	Regulation respecting the quality of drinking water, c. Q-2, r. 18.1.	44
A certified person is a person who holds a diploma, certificate or other attestation recognized by the Minister of Education, Recreation and Sports or by Emploi-Québec for the production or distribution of water intended for human consumption; certificates must be renewed every five years	Regulation respecting the quality of drinking water	44
Emploi-Québec's qualification program for drinking water operators in Québec is built on Canada-wide Red Seal interprovincial standards	Caroline Robert (Direction des politiques de l'eau)	-
These provisions do not apply to systems serving 20 persons or less	Regulation respecting the quality of drinking water	43
Certification mandatory for operators in charge Standards set by provincial regulation Training offered by Cégep, and others	Heather Edwards, “Certification Regimes for Water and Wastewater Facility Operators: A Review of Provincial and First Nations Approaches” (October 24, 2001)	P. 9
Saskatchewan
No person can supply water to consumers for hygienic use unless the person is a permittee in compliance with the production, storage, management and distribution requirements of this section	The Water Regulations, c. E-10.21, M. Reg 1	23(3)
Operator Certification Board controls the certification process	The Water Regulations	53, 54
Every municipality or permittee of a waterworks must ensure operation of works is under the direction of an operator who holds the certificate corresponding to the classification of those works	The Water Regulations	63
Contact hours, continuing education credits, training required for renewal of licence	The Water Regulations	68
Classification of works	The Water Regulations Saskatchewan Water and Wastewater Works Operator Certification Standards, 2002, EPB 139/02/2M	62(1) 2.0
Certification requirements (by class of works)	Saskatchewan Water and Wastewater Works Operator Certification Standards	3.0
Certification mandatory for operators in charge (by 2005); not mandatory for other operators Standards set by provincial regulation Certification done by provincially appointed certification board; exam administered by the Operator's Association, supervised by Institute of Applied Science and Technology, and provided by the province Training offered by several organizations	Heather Edwards, “Certification Regimes for Water and Wastewater Facility Operators: A Review of Provincial and First Nations Approaches” (October 24, 2001)	P. 9
Yukon
Training and certification is voluntary and is done through the B.C. Environmental Operators Certification Program Although operator training is voluntary, there is considerable participation in the training sessions offered by the Yukon Water and Waste Association, and many operators are certified	Patricia Brooks (Drinking Water Program Coordinator)	-

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