Potable Water Regulation

(Consolidated up to 199/2025 ) ALBERTA REGULATION 277/2003 Environmental Protection and Enhancement Act POTABLE WATER REGULATION Table of Contents 1 Interpretation 2 Duty to comply with Regulation 3 Water treatment requirements 4 Design and installation standards 5 Extension, replacement or modification 6 Potable water quality 7 Performance standards 8 Addition of treatment chemicals 9 Operation and maintenance requirements 10 Conservation and responsible use 11 Malfunction reports 12 Fluoridation 13 Prohibitions re: waterworks system 14 Certified operator required 15 Certification of operators 16 Returns and reports 17 Sampling 17.1 Codes of practice 17.2 Transitional — codes of practice 19 Expiry 20 Coming into force Schedule Interpretation 1 (1) In this Regulation and, in the case of the definitions referred to in clauses (g), (h), (k) and (l), for the purposes of the Act, (a) “Act” means the Environmental Protection and Enhancement Act ; (b) “approved laboratory” means a laboratory approved by the Director; (c) “certified operator” means a person who holds a valid certificate of qualification of the appropriate level issued under section 15; (d) “Director” means the person designated by Ministerial Order as Director for the purposes of this Regulation; (e) “hamlet” means an unincorporated community that has been designated as a hamlet in accordance with the Municipal Government Act ; (f) “high quality groundwater” means groundwater that (i) does not require treatment to comply with the applicable physical, chemical and radiological Maximum Acceptable Concentration specified in the Guidelines for Canadian Drinking Water Quality , published by Health Canada, as amended or replaced from time to time, for the parameters listed 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Wastewater and Storm Drainage Systems , published by the Department, as amended or replaced from time to time, and (ii) repealed AR 114/2022 s2, (iii) is not under the direct influence of surface water; (g) “industrial development” means any development on the site of a plant referred to in section 2 of the Schedule of Activities in the Act; (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; (h) “municipal development” means a development that consists of 2 or more lots but does not include a city, town, specialized municipality, village, summer village, settlement as defined in the Metis Settlements Act , hamlet, privately owned development or industrial development; (i) “owner” with respect to a waterworks system means (i) the local authority of a city, town, specialized municipality, village, summer village or settlement as defined in the Metis Settlements Act in which the waterworks system is located; (ii) for a hamlet, (A) a cooperative, as defined in the Cooperatives Act , formed by the individual lot owners served by the hamlet’s waterworks system, or (B) if no cooperative exists, the local authority of the municipal district, improvement district, specialized municipality or special area in which the hamlet’s waterworks system is located; (iii) for a municipal development, (A) the local authority of the municipal district, improvement district, specialized municipality or special area in which the municipal development’s waterworks system is located, (B) the owner of a private utility, or (C) where neither (A) nor (B) applies, the collection of individual lot owners located in a municipal development that is served by the waterworks system; (iv) for a privately owned development, the owner of the privately owned development; (v) for a waterworks system owned by a regional services commission, the regional services commission that owns the waterworks system; (vi) for a waterworks system that is a private utility, the owner of the private utility; (vii) for an industrial development, the owner of the industrial development in which the waterworks system is located; (viii) for a waterworks system that is a watering point, the owner of the watering point; (j) “person responsible for a waterworks system” means (i) the owner of the waterworks system, (ii) the operator of the waterworks system, (iii) the local authority that contracts to obtain potable water from the waterworks system, (iv) the local authority that grants a franchise for the supply of potable water by the waterworks system, (v) the approval holder or registration holder, as the case may be, for the waterworks system, (vi) any successor, assignee, executor or administrator, receiver, receiver‑manager or trustee of a person referred to in subclause (i), (ii), (iii), (iv) or (v), and (vii) any person who acts as the principal or agent of a person referred to in subclause (i), (ii), (iii), (iv), (v) or (vi); (k) “privately owned development” means a recreational development, school, mobile home park, restaurant, motel, community hall, work camp, holiday trailer park, campsite, picnic site, information centre or other similar development, including such a development owned or operated by the Government, that is on a parcel of land that is not subdivided, but does not include (i) a single family dwelling, or (ii) a farmstead; (l) “private utility” means a waterworks system that is owned and operated by a person other than a person referred to in clause (i)(i), (ii), (iii)(A) and (C), (iv), (v), (vii) and (viii), but does not include a waterworks system that services only a single family dwelling or a farmstead; (m) “professional engineer” means a professional engineer or registered professional technologist (engineering) under the Engineering and Geoscience Professions Act ; (n) “service connection” means the potable water service line from a water distribution main to the property being serviced, but for the purposes of section 5, means the potable water service line from a water distribution main to a building; (o) “water distribution system” means a system of pipes, valves, fittings and appurtenances, including associated pressure reducing stations, that is used to convey potable water in a waterworks system to a service connection; (p) “water treatment plant” means the physical components of the waterworks system that are used to produce potable water including components associated with the management of any wastes generated during treatment; (q) “watering point” means a waterworks system that provides potable water in bulk to the public. (2) This Regulation only applies to waterworks systems referred to in Schedule 1, Division 5 and Schedule 2, Division 5 of the Activities Designation Regulation , including additions, replacements, extensions and modifications referred to in the Notes in those Divisions. AR 277/2003 s1;170/2012;113/2022 Duty to comply with Regulation 2 Except where this Regulation provides otherwise, a person responsible for a waterworks system shall comply with this Regulation. Water treatment requirements 3 A waterworks system must be (a) designed, (b) operated, and (c) maintained to achieve under all normal and foreseeable operating conditions all water quality requirements specified in this Regulation, an approval or the applicable code of practice. 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. AR 277/2003 s4;113/2022 Extension, replacement or modification 5 (1) Prior to commencing (a) an extension of a water distribution system, (b) a replacement of a portion of a water distribution system, or (c) a modification of potable water storage, the registration holder or approval holder, as the case may be, shall inform the Director in writing of the intent to undertake the extension, replacement or modification. (2) The information referred to in subsection (1) must contain at least the following, where applicable: (a) the registration or approval number for the waterworks system as issued under the Act; (b) the location of the proposed extension, replacement or modification; (c) written confirmation, stamped and signed by a professional engineer, that the increased water flow associated with the extension is within the design capacity of the existing water distribution system; (d) written confirmation, stamped and signed by a professional engineer, that the increased water demand associated with the extension is within the design capacity of the authorized waterworks system providing potable water to the water distribution system; (e) any other information required by the Director. (3) No person shall commence (a) the extension of a water distribution system, (b) the replacement of a portion of a water distribution system, or (c) the modification of potable water storage, where (d) the waterworks system design does not comply with the design standards 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 (e) the water distribution system will service a portion of a city, town, specialized municipality, village, summer village, settlement area as defined in the Metis Settlements Act , hamlet, privately owned development, municipal development or industrial development that is not serviced by a wastewater system in respect of which a current approval or registration has been issued under the Act, unless that person has obtained written authorization of the Director. (4) On request, the registration holder or approval holder, as the case may be, shall immediately provide to the Director or inspector any engineering drawings, specifications or other information regarding any aspect of the extension of a water distribution system, the replacement of a portion of a water distribution system or the modification of potable water storage. Potable water quality 6 (1) The physical, microbiological, chemical and radiological characteristics of the potable water in a waterworks system must be maintained to meet as a minimum (a) the applicable Maximum Acceptable Concentration specified in the Guidelines for Canadian Drinking Water Quality , published by Health Canada, as amended or replaced from time to time, for the parameters listed 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, and (b) any additional or other limits established by the Director in an approval or a code of practice. (2) Where (a) a waterworks system is operating on the date this Regulation comes into force and does not meet the limits referred to in subsection (1)(a), or (b) a waterworks system does not meet a change made to the limits referred to in subsection (1)(a) made after the date this Regulation comes 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. (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. (3) A person who receives a notice under subsection (2) or (2.1) shall comply with the notice in accordance with its terms. AR 277/2003 s6;113/2022 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. AR 277/2003 s7;113/2022 Addition of treatment chemicals 8 No person shall use or permit the use of a chemical for the treatment of water unless (a) the chemical is listed as a direct or indirect additive in Standard 60 or Standard 61, published by the American National Standards Institute and National Sanitation Foundation (ANSI/NSF), as amended or replaced from time to time, (b) the chemical is listed in the approval, or (c) the person has obtained written authorization of the Director for use of the chemical. AR 277/2003 s8;113/2022 Operation and maintenance requirements 9 (1) The equipment and controls for (a) filtration, (b) disinfection, and (c) all other required treatment in a waterworks system must be operated in a manner that achieves the potable water quality required by this Regulation, an approval or a code of practice. (2) Except in the case of a micro waterworks system, in order to ensure continuous operation at a water treatment plant, (a) spare parts that are required to maintain the equipment used for disinfection of water or that are critical components of the waterworks system must be reasonably available, or (b) a back up water treatment system must be installed and maintained in operating condition. (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. AR 277/2003 s9;113/2022 Conservation and responsible use 10 A waterworks system must be designed and operated so as to conserve and ensure the responsible use of water. Malfunction reports 11 (1) Except in the case of a micro waterworks system, any failure or shut‑down of the equipment used for disinfection must be reported immediately (a) to the Director, and (b) to the appropriate provincial health agency, regional health authority or provincial health corporation under the Provincial Health Agencies Act . (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 provincial health agency, regional health authority or provincial health corporation under the Provincial Health Agencies Act . AR 277/2003 s11;113/2022 ;125/2024;199/2025 Fluoridation 12 Where fluoride is added to a waterworks system, the (a) application of fluoride, (b) monitoring of fluoride, (c) reporting of fluoride, (d) design of the fluoridation equipment, and (e) operation of the fluoridation equipment must be in accordance with the requirements specified 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. Prohibitions re: waterworks system 13 (1) Subject to section 8 or except where permitted by an approval, no person shall use or permit the use of any chemical or any commercial product in circumstances such that the chemical or commercial product may come into contact with water in any part of a waterworks system. (2) No person shall cause or permit any connection in a waterworks system that allows a substance that may cause an adverse effect to enter into the waterworks system. Certified operator required 14 (1) At all times, the operation of the (a) water treatment plant, and (b) water distribution system in a waterworks system must be performed by, or under the direction of, a person who holds a valid certificate of qualification at the applicable level as set out in an approval or the applicable code of practice. (2) A person responsible for a waterworks system shall at no time permit the number of certified operators available to operate or direct the operation of the water treatment plant or water distribution system to fall below the applicable number as set out in an approval or the applicable code of practice. (3) A person responsible for a waterworks system shall notify the Director in writing (a) forthwith of the names of all certified operators referred to in this section, and (b) within 30 days of any change of certified operators referred to in this section. Certification of operators 15 (1) The Director may issue the following kinds of certificate of qualification: (a) water treatment operator certificate of qualification; (b) water distribution operator certificate of qualification at any level described in the Water and Wastewater Operator’s Certification Guidelines , published by the Department, as amended or replaced from time to time, to persons who meet the requirements of subsection (2). (2) An applicant for any level of certificate of qualification referred to in subsection (1) must (a) apply to the Director on a form acceptable to the Director, (b) meet the qualification requirements as set out in the guidelines referred to in subsection (1) for that level of certificate of qualification, and (c) be at least 18 years of age. (3) An applicant for renewal of any level of certificate of qualification referred to in subsection (1) must meet the qualifications for renewal set out in, and make the application in accordance with, the guidelines referred to in subsection (1). Returns and reports 16 (1) A person responsible for a waterworks system shall submit returns and reports respecting the construction, operation or reclamation of the system (a) as required in an approval or the applicable code of practice, or (b) as required by the Director, by a notice in writing. (2) A person who receives a notice under subsection (1)(b) shall comply with the notice in accordance with its terms. Sampling 17 (1) A person responsible for a waterworks system shall (a) obtain water samples, and (b) submit the samples for physical, microbiological, radiological or chemical analysis by an approved laboratory, in accordance with an approval, the applicable code of practice or a notice in writing from the Director. (2) With respect to any sample required to be taken pursuant to this Regulation, an approval, the applicable code of practice or a notice in writing from the Director, (a) sample collection, (b) sample preservation, (c) sample storage, (d) sample handling, and (e) sample analysis must be conducted in accordance with (f) the Standard Methods for the Examination of Water and Wastewater , published by the American Public Health Association, the American Waterworks Association and the Water Environment Federation, as amended or replaced from time to time, or (g) repealed AR 113/2022 s9, (h) a method authorized in writing by the Director. (3) Unless the Director specifies otherwise in an approval, the minimum number of water samples to be obtained for analysis of bacteriological quality must be (a) obtained in accordance with the Guidelines for Canadian Drinking Water Quality , published by Health Canada, as amended or replaced from time to time, and (b) evenly distributed through the sampling period. (4) Where, in the Director’s opinion, a sample or analysis is unsatisfactory, the Director may require a person responsible for a waterworks system (a) to resubmit the same sample for analysis or reanalyze the same sample, (b) to take and analyze additional samples, or (c) to take and analyze samples at a greater frequency. (5) A person responsible for a waterworks system shall comply (a) with a notice under this section in accordance with its terms, and (b) with the Director’s requirements under subsection (4). AR 277/2003 s17;113/2022 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. AR 113/2022 s10 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. AR 113/2022 s10 18 Repealed AR 113/2022 s11. Expiry 19 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 30, 2027. AR 277/2003 s19;96/2011;121/2013;63/2015;126/2017; 21/2021;113/2022 Coming into force 20 This Regulation comes into force on October 1, 2003. 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 AR 113/2022 s13