Water Supply System Regulations
Regulation- Registration
- R-108-2009
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Public Health Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- None.
The Commissioner, on the recommendation of the Minister, under sections 50 and 51 of the Public Health Act and every enabling power, makes the Water Supply System Regulations.
Interpretation
In these regulations,
"Act" means the Public Health Act; (Loi)
"approval" or "approved" means approval or approved in writing; (approbation)
"cabin establishment" means two or more cabins or cottages that
(a) are rental units in individual permanent buildings owned by the same person or persons,
(b) provide public lodging for remuneration, and
(c) are not serviced by a water supply system serving a community, a mining operation or a Territorial Park; (établissement de maisonnettes)
"drinking water storage facility" means
(a) an above or below ground tank that is used to store drinking water and is part of a water supply system, and
(b) a reservoir that is used to store drinking water and is part of a water supply system; (installation de stockage de l’eau potable)
"lodge establishment" means a facility that provides public lodging for remuneration and that
(a) contains at least two rooms for registered guests,
(b) provides meals to registered guests, and
(c) is not serviced by a water supply system serving a community, a mining operation or a Territorial Park; (chalet-hôtel)
"mining operation" means a resource development project that
(a) if subject to the MacKenzie Valley Land Use Regulations (Canada), requires a Type A permit under those regulations,
(b) if not subject to the MacKenzie Valley Land Use Regulations (Canada), would require a Type A permit under those regulations were it subject,
(c) is long-term and semi-permanent, and
(d) is in the development, construction, operation or closure stage of the project; (exploitation minière)
"professional engineer" means a professional engineer as defined in subsection 1(1) of the Engineering and Geoscience Professions Act; (ingénieur)
"raw water" means untreated water; (eau brute)
"system specifications" means designs, plans or specifications for the construction, alteration, extension or modification of a water supply system or any part of the system; (cahier des charges)
"tent camp" means a temporary camp that provides public accommodation for remuneration in tents, tent frames or similar structures and that is not serviced by a water supply system serving a community, a mining operation or a Territorial Park; (camp de tentes)
"water delivery truck" means a vehicle that is equipped with a tank for the haulage and delivery of drinking water; (camion-citerne à eau)
"water supply foreperson" means a person who, on any day or at any time is responsible for the daily operation, control and management of a water supply system or any part of the system; (contremaître de réseau d’aqueduc)
"water supply worker" means a person who works under the supervision of a water supply foreperson in the operation of a water supply system or any part of the system; (travailleur de réseau d’aqueduc)
"work camp" means a temporary prospecting, fishing, lumber, dredging, construction, mineral exploration, research or other camp in which persons are employed and that is not serviced by a water supply system serving a community, a mining operation or a Territorial Park. (baraquement)
Application
Except as otherwise provided, these regulations apply to every water supply system.
(1) These regulations do not apply to a water supply system that serves five or fewer households.
(2) The following provisions do not apply to a water supply system serving more than five households if the system serves only households and does not serve public buildings:
(a) sections 12 to 21;
(c) subsections 22(2), (3) and (4).
(1) The following provisions do not apply to a water supply system that only serves a cabin establishment or lodge establishment:
(a) sections 12 to 21;
(c) subsections 22(2), (3) and (4).
(2) The following provisions do not apply to a water supply system that only serves a work camp or a tent camp:
(a) section 5;
(b) section 9;
(c) sections 12 to 21;
(d) paragraphs 22(1)(c), (h) and (j) to (p);
(e) subsections 22(2), (3) and (4).
Approval of Water Supply
System Specifications
(1) Where a provision in this section requires certification by a professional engineer, the certification must
(a) be in writing; and
(b) bear the signature and official stamp or seal of the engineer.
(2) System specifications must be certified by a professional engineer before the construction, alteration, extension or modification of the water supply system or any part of the system commences.
(3) If it becomes necessary to revise system specifications after they have been certified by a professional engineer, no construction, alteration, extension or modification of the water supply system or any part of the system may occur until the revised specifications are certified by an engineer.
(4) A water supply system in operation or undergoing construction, alteration, extension or modification on September 14, 2009 is exempt from the requirement to have system specifications certified under this section for the system or any part of the system as it exists on that day, but it is not exempt from any requirements of this section in respect of any construction, alteration, extension or modification of the system or any part of the system that commences on or after September 14, 2009.
(1) System specifications must be submitted to the Chief Public Health Officer for approval after certification is received under section 5 and before any construction, alteration, extension or modification of the water supply system or any part of the system commences.
(2) If it becomes necessary to revise system specifications after approval has been given by the Chief Public Health Officer, no construction, alteration, extension or modification of the water supply system or any part of the system may occur until the revised system specifications are approved by the Chief Public Health Officer.
(3) An operator or prospective operator shall not construct, alter, extend or modify a water supply system or any part of the system unless the system specifications are submitted to and approved by the Chief Public Health Officer.
(4) The evidence referred to in section 10 must be provided to the Chief Public Health Officer when the system specifications are submitted under subsection (1).
(5) A water supply system in operation or undergoing construction, alteration, extension or modification on September 14, 2009 that does not have system specifications that have been certified by a professional engineer is exempt from the requirement to have system specifications approved by the Chief Public Health Officer under this section for the system or any part of the system as it exists on that day, but it is not exempt from any requirements of this section in respect of any construction, alteration, extension or modification of the system or any part of the system that commences on or after September 14, 2009. Approval to Operate a Water Supply System
(1) The operation of a water supply system or any part of the water supply system must be approved by the Chief Public Health Officer before operation commences.
(2) For greater certainty, if an order is made by the Chief Public Health Officer requiring the closure or cessation of operations of a water supply system or any part of the system, the operation of the system or part of the system must be approved by the Chief Public Health Officer before operation recommences.
(3) A request for approval of operation must be made after
(a) system specifications have been certified by a professional engineer under section 5;
(b) system specifications have been approved by the Chief Public Health Officer under section 6;
(c) the operator of the system or any part of the system is identified in writing to the Chief Public Health Officer in accordance with section 18 of the Act; and
(d) the water source for the system is approved under section 18 of the Act.
(4) On the completion of construction, alteration, extension or modification of any part of a water supply system, a request for approval of operation of that system, with the newly constructed, altered, extended or modified part, must be made to the Chief Public Health Officer and approved before operation of that system with the newly constructed, altered, extended or modified part commences.
(5) A person shall not operate a water supply system or any part of the system unless approval has been obtained from the Chief Public Health Officer.
(6) If the operator of the water supply system or any part of the system changes, the new operator shall provide the Chief Public Health Officer with the identification required under section 18 of the Act before the new operator commences operation of the system or part of the system.
(7) If the water source for the water supply system changes, the operator shall make a request for approval of operation under this section before operation of the system with the new water source commences.
(1) The Chief Public Health Officer may order the closure or cessation of operations of a water supply system or any part of the system if any of the approvals in sections 5, 6 or 7 are not obtained in accordance with these regulations.
(2) Sections 5, 6 and 7 do not apply in respect of routine maintenance of a water supply system or any part of the system.
(3) Notwithstanding sections 5, 6 and 7, if an emergency requires the construction, alteration, extension or modification of a water supply system or any part of the system, the approvals in sections 5, 6 and 7 are not required before the work commences, but must be obtained as soon as possible.
(4) If the Chief Public Health Officer makes an order under subsection (1), approval must be obtained in accordance with these regulations before the water supply system, or any part of the system to which the order applies, recommences operation.
Design Requirements
The design of a water supply system must be adequate to provide the treatment of the raw water which is required to produce drinking water.
Water Source
An operator or prospective operator seeking the Chief Public Health Officer’s approval of a water source under section 18 of the Act shall provide evidence satisfactory to the Chief Public Health Officer that
(a) the quantity of water available at a water source is adequate to supply the water demand, including the firefighting demands of the users of the water supply system, and a reasonable surplus for anticipated growth; and
(b) it is practicable to convert the water from the water source into drinking water that meets the standards set out in section 12.
Water Quality
(1) Subject to subsections (2) and (3), an operator may, in accordance with paragraphs 19(3)(b), (c) and
(d) of the Act, make available or provide water from a water supply system that does not meet the requirements of subsection 19(2) of the Act, in the following circumstances:
(a) if the water poses a risk to the public health but the risk can be eliminated if the users of the water supply system boil the water in accordance with information provided by the operator of the system and any advisories, bulletins or warnings from the Chief Public Health Officer;
(b) if shutting off the water supply system would be detrimental to the maintenance of the water supply system;
(c) if the water is required for use in dealing with an emergency, including firefighting demands;
(d) if the Chief Public Health Officer authorizes the operator to make available or provide the water.
(2) The circumstances referred to in paragraphs (1)(a) to (d) do not apply if the Chief Public Health Officer orders the operator to cease the supply of water.
(3) If a potential risk to public health posed by the water is likely to cause serious illness or death, an operator shall consult with and obtain authorization from the Chief Public Health Officer prior to making available or providing water from the water supply system in the circumstances referred to in paragraphs (1)(a), (b) and (c).
(1) The standards governing the sampling, testing, treatment and quality of water are set out in
(a) the Schedule to these regulations;
(b) the guidelines for Canadian drinking water quality published by the federal Department of Health, which are hereby adopted, as amended from time to time, for the purposes of the Act and these regulations; and
(c) the standard operating procedures for the sampling, testing, treatment and quality of water approved by the Chief Public Health Officer.
(2) A water supply foreperson and a water supply worker shall each ensure that the standards referred to in subsection (1) are complied with.
Distribution and Storage of Water
(1) Drinking water stored in a drinking water storage facility must be obtained from a water supply system approved in accordance with these regulations.
(2) Drinking water stored in a drinking water storage facility must maintain a detectable amount of free chlorine residual.
(3) A drinking water storage facility must be cleaned and disinfected in accordance with standard operating procedures approved by the Chief Public Health Officer, for the cleaning and disinfecting of drinking water storage facilities,
(a) at least once each year;
(b) after it has been repaired or replaced; and
(c) after its sanitary condition has been or may have been compromised.
(4) The Chief Public Health Officer may direct that a drinking water storage facility be cleaned and disinfected in accordance with standard operating procedures for the cleaning and disinfecting of drinking water storage facilities more than once each year.
(5) A water supply foreperson and a water supply worker shall each ensure that the requirements of this section are complied with. R-069-2011,s.2.
A drinking water storage facility must be equipped with a removable cover that is
(a) constructed of material that will not corrode and that is suitable for coming into contact with drinking water; and
(b) designed to prevent the entry of contaminants and to allow for inspection and cleaning.
(1) Drinking water distributed or transported by means of pipes must be obtained from a water supply system approved in accordance with these regulations.
(2) Drinking water distributed or transported by means of pipes must maintain a detectable amount of free chlorine residual.
(3) The pipes must be flushed at least once each year in accordance with standard operating procedures for the cleaning, disinfecting and flushing of water pipes approved by the Chief Public Health Officer.
(4) The pipes must be cleaned, disinfected and flushed in accordance with standard operating procedures for the cleaning, disinfecting and flushing of water pipes approved by the Chief Public Health Officer before being used for the first time.
(5) After a section of pipe has been repaired or replaced, that section must be cleaned, disinfected and flushed in accordance with standard operating procedures for the cleaning, disinfecting and flushing of water pipes approved by the Chief Public Health Officer.
(6) A water supply foreperson and a water supply worker shall each ensure that the requirements of this section are complied with. R-069-2011,s.3.
(1) Drinking water distributed or transported in a water delivery truck must be obtained from a water supply system approved in accordance with these regulations.
(2) A water delivery truck must not be used for any purpose other than the distribution or transportation of drinking water, except with the approval of the Chief Public Health Officer.
(3) Subject to subsection (4), drinking water distributed or transported in a water delivery truck must maintain a detectable amount of free chlorine residual.
(4) In a water supply system where water treatment occurs in the tank of a water delivery truck, drinking water must, after treatment is complete, maintain a detectable amount of free chlorine residual.
(5) A water supply foreperson and a water supply worker shall each ensure that the requirements of this section are complied with. R-069-2011,s.4.
(1) A water delivery truck must be
(a) equipped with hoses, nozzles, couplers and fittings that prevent the contamination of the drinking water; and
(b) designed to prevent the back-flow of water from the water hose to the drinking water source.
(2) A water tank on a water delivery truck must be
(a) made of material that is suitable for transporting and coming into contact with drinking water;
(b) equipped with vents designed to prevent the entry of contaminants; and
(c) equipped with sufficient access ports that are fitted with watertight lids to allow for inspection and cleaning.
(3) Equipment on a water delivery truck that comes into contact with drinking water must
(a) be constructed of material that is suitable for transporting and coming into contact with drinking water; and
(b) be maintained in a clean and sanitary condition.
(4) A water supply foreperson and a water supply worker shall each ensure that the equipment on a water delivery truck that comes into contact with drinking water is maintained in a clean and sanitary condition.
A water supply foreperson and a water supply worker shall each ensure that a nozzle or coupler on a water delivery truck that comes into contact with the ground or any other potential source of contamination is cleaned and disinfected immediately.
(1) A water delivery truck, including the water tank and all equipment on the truck that comes into contact with drinking water, must be cleaned and disinfected at least once each year in accordance with standard operating procedures for the cleaning and disinfecting of water delivery trucks approved by the Chief Public Health Officer.
(2) The water tank on a water delivery truck and all equipment on the truck that comes into contact with drinking water, must be cleaned and disinfected in accordance with standard operating procedures for the cleaning and disinfecting of water delivery trucks approved by the Chief Public Health Officer,
(a) if the water delivery truck is not in service and the water tank is empty and its sanitary condition has been or may have been compromised;
(b) after it has been repaired or replaced; and
(c) after its sanitary condition has been or may have been compromised.
(3) The Chief Public Health Officer may direct that a water delivery truck, including the water tank and all equipment on the truck that comes into contact with drinking water, be cleaned and disinfected more than once each year in accordance with standard operating procedures for the cleaning and disinfecting of water delivery trucks.
(4) A water supply foreperson and a water supply worker shall each ensure that the requirements of this section are complied with.
(1) A water delivery truck that is not being used must be stored in an area
(a) that is secure so as to prevent access by unauthorized persons; and
(b) where there is no source of potential contamination.
(2) Drinking water stored overnight in the tank of a water delivery truck must be tested to ensure it has a detectable amount of free chlorine residual before being delivered.
(3) When a water delivery truck is not being used and when the hoses are not being cleaned or drained, the delivery hoses must be capped at both ends.
(4) When the water tank on a water delivery truck is not being filled or cleaned, the access port lids must be closed.
(5) A water supply foreperson and a water supply worker shall each ensure that the requirements of this section are complied with.
Certification of a
Water Supply Foreperson
(1) Subject to subsection (2), a water supply foreperson must be certified to operate the class of water supply system or part of the system he or she will be operating, controlling and managing on a daily basis, in accordance with the certification requirements approved by the Chief Public Health Officer.
(2) The Chief Public Health Officer may approve the daily operation, control and management of a water supply system or any part of the system by a water supply foreperson who is not certified in accordance with subsection (1), if
(a) the Chief Public Health Officer is satisfied that it is the intention of the water supply foreperson to obtain certification as soon as possible;
(b) the water supply foreperson will be supervised by someone who
(i) is certified in accordance with the certification requirements approved by the Chief Public Health Officer to operate that class of water supply system, and
(ii) will be present where the water supply system is located to provide supervision or will be providing supervision from another location;
(c) the operator of the water supply system or any part of the system that the water supply foreperson will be operating, controlling and managing, provides the name of the water supply foreperson and the following information:
(i) the courses pertaining to the operation of a water supply system in which the water supply foreperson has enrolled or intends to enroll,
(ii) the estimated date for the completion of certification; and
(d) the operator of the water supply system or the part of the system that the water supply foreperson will be operating, controlling and managing, provides the name of the supervisor referred to in paragraph (2)(b) and proof of the supervisor’s certification referred to in subparagraph (2)(b)(i).
(3) The Chief Public Health Officer may set out written conditions in respect of an approval given under subsection (2).
(4) The Chief Public Health Officer may, at any time, revoke an approval given under subsection (2) if he or she considers that
(a) the water supply foreperson is not making best efforts to obtain certification as soon as possible;
(b) the water supply foreperson is no longer supervised by the person identified under paragraph (2)(d);
(c) the water supply foreperson has failed to comply with the conditions set out under subsection (3); or
(d) the water supply foreperson is failing to comply with the Act or these regulations.
Duties of an Operator
(1) An operator shall
(a) operate and maintain a water supply system in accordance with the Act and these regulations;
(b) ensure a water supply system is approved by the Chief Public Health Officer in accordance with these regulations;
(c) ensure that the system specifications or revised system specifications referred to in section 5 are certified by a professional engineer before the construction, alteration, extension or modification of the water supply system or any part of the system commences or continues, and ensure that such certifications are provided to the Chief Public Health Officer when system specifications are submitted for approval under section 6;
(d) ensure that
(i) the system specifications are submitted to and approved by the Chief Public Health Officer under section 6 before any construction, alteration, extension, modification or operation of the water supply system or any part of the system commences, and
(ii) the evidence referred to in section 10 is provided to the Chief Public Health Officer when system specifications are submitted for approval under section 6;
(e) provide identification in writing to the Chief Public Health Officer and ensure that a water source is approved by the Chief Public Health Officer, as required by section 18 of Act, before seeking approval to operate under section 7;
(f) ensure the operation of a water supply system is approved by the Chief Public Health Officer under section 7 before operation commences;
(g) ensure the necessary approvals are obtained before recommencing operation if the Chief Public Health Officer makes an order under the Act or these regulations requiring the closure or cessation of operations of a water supply system;
(h) ensure the design requirements in section 9 are met;
(i) consult with and obtain authorization from the Chief Public Health Officer under subsection 11(3) before making available or providing water from a water supply system in the circumstances referred to in paragraphs 11(1)(a), (b) and (c);
(j) ensure the standards governing the sampling, testing, treatment and quality of water in section 12 are complied with by water supply forepersons and water supply workers;
(k) ensure that all operating and procedural manuals, including standard operating procedures, documents outlining testing and sampling requirements for a water supply system and a copy of these regulations, are made accessible and available in writing to water supply forepersons and water supply workers;
(l) ensure that water supply forepersons and water supply workers comply with
(i) standard operating procedures and water quality requirements, and
(ii) record and reporting requirements
(A) established by the Chief Public Health Officer, or
(B) required by the Act and these regulations;
(m) ensure that a water supply foreperson has the appropriate class of water supply system certification in accordance with subsection 21(1), or is approved to operate, control, and manage a water supply system by the Chief Public Health Officer in accordance with subsection 21(2);
(n) ensure that any conditions set out by the Chief Public Health Officer under subsection 21(3) are complied with;
(o) ensure the information referred to in paragraph 21(2)(c) is provided in writing to the Chief Public Health Officer; and
(p) ensure that any function performed in relation to the operation of a water supply system, including, but not limited to maintaining, disinfecting, sampling, testing, water distribution, transportation and delivery and record keeping and reporting, is performed by a person who is qualified and who demonstrates the ongoing competency required for that function.
(2) An operator responsible for the drinking water storage facility shall ensure that the requirements of sections 13 and 14 are complied with.
(3) An operator responsible for the operation of piped water distribution or transportation that is part of a water supply system shall ensure that the requirements of section 15 are complied with.
(4) An operator responsible for the operation of a water delivery truck that is part of a water supply system shall ensure that the requirements of sections 16 to 20 are complied with.
Records and Reporting
Operators, water supply forepersons and water supply workers shall maintain records and comply with reporting requirements in accordance with the Act, these regulations and the directions of the Chief Public Health Officer.
- 29. Repealed, R-069-2011,s.5.
Territorial Printer, Northwest Territories Yellowknife, N.W.T./2011©