Drinking Water Safety Regulation

Drinking Water Safety Regulation, M.R. 40/2007 The Drinking Water Safety Act , C.C.S.M. c. D101 Regulation 40/2007 Registered February 28, 2007 bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions INTERPRETATION 2 Groundwater under the direct influence of surface water (GUDI) CONSTRUCTION AND ALTERATION PERMITS 3 Application for permit 4 Director's action on receipt of application 5-7 Amendment, suspension and cancellation of permit OPERATING LICENCES 8 Application for operating licence 9 Director's action on receipt of application 10-13 Amendment, suspension and cancellation of operating licence RENEWAL OF OPERATING LICENCES 14 Renewal of operating licence 15 Director's action on receipt of application 16 Late renewal DISINFECTION REQUIREMENTS 17 Methods of disinfection and minimum contact time 18 Semi-public systems that must disinfect 19 Equipment maintenance and spare parts 20-22 Disinfectant levels TESTING AND RECORDKEEPING REQUIREMENTS FOR DISINFECTION 23 Testing frequency and locations 24 Method of testing 25 Records of testing SAMPLING AND ANALYSIS FOR BACTERIOLOGICAL, CHEMICAL, RADIOLOGICAL, PHYSICAL AND MICROBIAL STANDARDS 26 Submitting samples to a laboratory 27 Water turbidity monitoring for large public systems 28 Collecting and handling of samples REPORTING OF LABORATORY ANALYSES 29 Routine reporting by laboratory NOTIFICATION OF PRIVATE WATER SUPPLIER WHERE ANALYSIS INDICATES RISK 30 Duties of laboratory re notification RECORDKEEPING REQUIREMENTS FOR PUBLIC AND SEMI-PUBLIC WATER SUPPLIERS 31 Additional records required ANNUAL REPORTS 32 Annual reports PUBLIC INFORMATION REQUIREMENTS FOR WATER SUPPLIERS 33 Posting of permits, licences and orders 34 Water suppliers to make information available ACCREDITATION OF LABORATORIES 35 Accredited laboratory 36 Testing facility INFRASTRUCTURE ASSESSMENTS 37 Conducting an infrastructure assessment NON-POTABLE SYSTEMS 38 Non-potable systems: interpretation 39 Prohibitions 40 Registration of non-potable systems 41 Non-potable systems — notice to users 42 Orders and advisories — non-potable systems 43 Non-potable water not to be provided TRANSITIONAL 44 Public water system "certificates" COMING INTO FORCE 45 Coming into force Schedule A Frequency of testing for disinfectant residuals and sampling for bacteriological standards B Frequency of sampling for chemical, radiological, physical and microbial standards C Semi-public and public water systems — requirements for assessment of water system infrastructure and water supply sources DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Drinking Water Safety Act. («  Loi  ») "alter" , in relation to a water system, means to significantly change the equipment, system components or configuration of piping, such that the operation of the water system is modified, but does not include routine maintenance or repair. For the purpose of this definition, "routine maintenance or repair" includes, without limitation, the maintenance, repair or replacement of a watermain, hydrant, pump or process equipment. (« modifier ») "chloramine" means monochloramine that is formed when chlorine and ammonia are combined in water. (« chloramine ») "contact time" means the time between the application of disinfectant to water during the treatment process, and the discharge of the finished water from the treatment plant or water storage facility into the water distribution system. (« durée de contact ») "disinfectant residual" means the concentration of disinfectant within a water distribution system after a contact time sufficient to inactivate bacteria and viruses. (« désinfectant résiduel ») "free chlorine" means chlorine, excluding combined chlorine, that remains in water after disinfection has occurred. (« chlore libre ») "groundwater under the direct influence of surface water" or "GUDI" means groundwater that has a hydraulic connection to surface water, or that is deemed or determined to be GUDI under section 2. (« eau souterraine sous l'influence directe de l'eau de surface » ou « ESSID ») "microbial standards" includes drinking water quality standards for viruses, Cryptosporidium parvum , Giardia lamblia and other protozoa, but does not include bacteriological standards. (« normes microbiennes ») "peak demand conditions" means the maximum demand for water placed on a pumping station, treatment plant or distribution system, expressed as a unit of volume over time. (« charge de pointe ») "physical standards" includes drinking water quality standards for water turbidity. (« normes physiques ») "water distribution system" means the part of a water system that is designed for or used in the storage, distribution or delivery of potable water for domestic purposes, and that is, (a) in the case of a water system that treats or disinfects water but does not have a re-disinfection facility, downstream of the last location where water is treated or disinfected; (b) in the case of a water system that treats or disinfects water and has a re-disinfection facility, downstream of the last location where water is disinfected or re-disinfected before it is delivered to the first user of the system; and (c) in the case of a semi-public water system that does not treat or disinfect water, downstream of the well that serves as the source or entry point of the water supply for the system. (« système de distribution d'eau ») INTERPRETATION Water supply deemed to be GUDI 2(1) A water system's water supply source is deemed to be GUDI if the water supply (a) is groundwater that has (i) a significant occurrence of insects or other macro-organisms, algae, organic debris or large-diameter protozoa or pathogens such as Giardia lamblia , or (ii) significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity or pH which closely relate to climatological or surface water conditions; or (b) is obtained from (i) a spring, (ii) an infiltration gallery, or (iii) a well that (A) has a predominantly sand or gravel overburden, (B) is within 200 m of a body of surface water, unless known well design and aquifer conditions indicate there is not a reasonable possibility that the well could be influenced by surface water, (C) is in a karst aquifer, (D) is in an unconfined aquifer, (E) is part of an enhanced recharge and infiltration project, or (F) is a horizontal collection well. Officer may determine water supply to be GUDI 2(2) Even if a water supply source is not deemed to be GUDI under subsection (1), a drinking water officer may, after considering any factor relating to a water system that he or she considers relevant, including (a) the location of any well, and its type, method of construction and condition; (b) local topography, including surface drainage and the location and other characteristics of bodies of surface water; (c) a chronological record of data or analyses relating to the chemical, bacteriological or physical characteristics of its water supply source; or (d) a hydrogeological assessment of its water supply source; determine that a water system's water supply source is GUDI. Determination to be in writing 2(3) A drinking water officer who makes a determination under subsection (2) must give written notice of the determination to the water supplier. Assessment or chronological record may assist determination 2(4) Despite subsections (1) to (3), a drinking water officer may determine that a water supply source is not GUDI if he or she is of the opinion, based on evidence provided by a water supplier of (a) a hydrogeological assessment of the source; or (b) a chronological record of data or analyses relating to the chemical, bacteriological or physical characteristics of the source; that the water supply source is not GUDI. The drinking water officer must give written notice of the determination to the water supplier. Geoscientist or engineer to conduct assessment 2(5) A hydrogeological assessment under subsection (2) or (4) shall be done by a professional geoscientist or engineer within the meaning of The Engineering and Geoscientific Professions Act . Appeal to director 2(6) A water supplier may appeal a determination made by a drinking water officer under subsection (2) to the director, and the director's decision is final and binding. CONSTRUCTION AND ALTERATION PERMITS Application for permit 3(1) A person applying for a permit to construct or alter a water system must provide the following to the director: (a) a completed application in a form satisfactory to the director; (b) in the case of a public water system, unless otherwise specified by the director, a design brief, project specifications and a copy of the engineering design plans; (c) in the case of a semi-public water system, if required by the director, a design brief and a copy of the engineering design plans or schematic drawings. Engineering design plans 3(2) The engineering design plans for a water system must be completed by an engineer authorized to practise as a professional engineer under The Engineering and Geoscientific Professions Act . Director's action on receipt of application 4 Upon receiving an application for a permit under subsection 3(1), the director may do one or more of the following: (a) require the applicant to provide additional information; (b) require the applicant to conduct bacteriological, chemical, radiological, physical or microbial tests of the water from the proposed water supply source or sources, and provide the director with analyses in a form satisfactory to the director; (c) require confirmation that a proposal has been filed under section 11 of The Environment Act ; (d) if the application proposes a minor alteration and the director is satisfied that the requirements of subsection 7(2) of the Act are met, by written notice waive the requirement to obtain a permit; (e) approve the application and issue a permit, subject to any terms and conditions that the director considers necessary under subsection 7(3) of the Act; (f) refuse the application, if the director reasonably believes that the proposed work cannot be done in a manner that provides for both (i) the safety of water obtained from the water system, and (ii) effective environmental management. Amendment of permit 5(1) The director may amend a permit, or a term or condition of a permit, issued under section 4, (a) if the permit holder requests the amendment; or (b) if the director considers it appropriate. Basis for amendment 5(2) The director may amend a permit only if he or she is satisfied that the amendment will not adversely affect (a) the safety of water obtained from the water system; or (b) ongoing effective environmental management. Suspension or cancellation of permit 6 The director may suspend or cancel a permit issued under section 4 if the director reasonably believes that (a) the permit was obtained by fraud or deceit, or by submitting an application containing incorrect information; (b) the permit holder is in violation of the Act, this regulation, or any term or condition of the permit; (c) the permit holder has been convicted of an offence under the Act; (d) there has been non-compliance with an order issued to the permit holder under the Act; or (e) the work being performed presents, or upon completion may present, a threat to the health of any person. New permit following cancellation 7(1) A person whose permit has been cancelled may apply for a new permit, and the director may issue a new permit to that person on any terms and conditions that the director considers reasonable. Application process 7(2) Sections 3 and 4 apply, with the necessary changes, to an application under subsection (1). OPERATING LICENCES Application for operating licence 8 A person applying for an operating licence for a water system must provide, to the director, a completed application in a form satisfactory to the director. Director's action on receipt of application 9 If the director receives an application for an operating licence under section 8, the director may take any of the following actions: (a) require the applicant to provide additional information; (b) inspect the water system to which the application relates; (c) approve the application and issue an operating licence, subject to any terms and conditions that the director considers necessary under subsection 8(3) of the Act; (d) refuse the application, if the director reasonably believes that the applicant will be unable to operate the water system in such a manner so as to provide for both (i) the safety of water obtained from the water system, and (ii) effective environmental management. Amendment of operating licence 10(1) The director may, (a) on the request of the licence holder; or (b) on the director's own initiative; amend an operating licence, or a term or condition of an operating licence, issued under section 9. Basis for amendment 10(2) The director may only amend an operating licence if the director is satisfied that the amendment will not negatively impact (a) the safety of water obtained from the water system; or (b) effective environmental management. Suspension or cancellation of operating licence 11 The director may suspend or cancel an operating licence issued under section 9 if the director reasonably believes that (a) the operating licence was obtained by fraud, deceit or the submission of an application containing incorrect information; (b) the licence holder is in violation of the Act, this regulation, the operating licence, or any term or condition of the licence; (c) the licence holder has been convicted of an offence under the Act; (d) there has been non-compliance with an order issued to the licence holder under the Act; or (e) the water system presents a threat to the health of users, or to other persons. Licence reinstatement 12(1) A person whose licence is suspended may apply, before the suspension ends, for reinstatement. Application process 12(2) Sections 8 and 9 apply, with the necessary changes, to an application under this section. New licence following cancellation 13(1) A person whose licence has been cancelled may apply for a new licence. Application process 13(2) Sections 8 and 9 apply, with the necessary changes, to an application under this section. RENEWAL OF OPERATING LICENCES Renewal of operating licence 14(1) Within 60 days before the expiry of an operating licence, the licence holder may apply for renewal of an operating licence, by providing, to the director, a completed application in a form satisfactory to the director. Deemed continuation of licence 14(2) If an application is made within the period described in subsection (1) but the director's decision whether to renew the licence is not made before its expiry date, the licence is deemed to continue past its expiry date, until the date the decision is made. Director's action on receipt of application 15 Upon receiving an application to renew an operating licence under section 14, the director must conduct or cause to be conducted a review of the operation of the water system, and may take any of the following additional actions: (a) require the applicant to provide additional information; (b) inspect the water system to which the application relates; (c) approve the application and renew the operating licence, subject to any terms and conditions that the director considers necessary under subsection 8(3) of the Act; (d) refuse the application, if the director reasonably believes that the applicant will be unable to operate the water system in such a manner so as to provide for both (i) the safety of water obtained from the water system, and (ii) effective environmental management. Late renewal 16(1) Despite section 14, a person may apply to renew his or her operating licence after it expires if the application is made within 30 days after the expiry. Section 15 applies, with the necessary changes, to an application under this subsection. Licence deemed to be continuous 16(2) If the director renews an operating licence on an application made under this section, the renewal of the operating licence is retroactive and is deemed to have taken effect immediately after the expiry of the previous operating licence. DISINFECTION REQUIREMENTS Methods of disinfection and minimum contact time 17(1) Every public water supplier, and every semi-public water supplier required to disinfect under section 18, must disinfect for the purpose of meeting the bacteriological and microbial standards for the water system as determined under the Drinking Water Quality Standards Regulation , and must use one of the following methods of disinfection: (a) chlorine disinfection, with a minimum contact time of 20 minutes under peak demand conditions; (b) a method or combination of methods of disinfection approved by the director. Alternative methods of disinfection 17(2) A water supplier who uses a method or combination of methods of disinfection approved under clause (1)⁠(b) must comply with the disinfection requirements stated in the operating licence for the water system. Semi-public systems using or influenced by surface water must disinfect 18(1) A semi-public water supplier must disinfect its water system's water supply if the source of that supply is (a) surface water; or (b) groundwater under the direct influence of surface water. Semi-public systems using groundwater that must disinfect 18(2) A semi-public water supplier must disinfect its water system's water supply if the source of that supply is groundwater and the water system provides water to one or more of the following: (a) a hospital as defined in The Health Services Insurance Act ; (b) a personal care home as defined in The Health Services Insurance Act ; (c) a residential care facility as defined in The Social Services Administration Act ; (d) a public school or an independent school, as those terms are defined in The Education Administration Act ; (e) a child care facility as defined in The Child and Family Services Act ; (f) a child care centre or a child care home, as those terms are defined in The Community Child Care Standards Act ; (g) a children's camp, or a recreational or athletic camp; (h) a restaurant, cafeteria, food court, or other food handling establishment that requires a licence, permit or other approval under The Public Health Act or its regulations; (i) a business, institution or other facility that is designated by a drinking water officer after consulting with a medical officer of health. Licence may waive disinfection requirement 18(3) Despite subsection (2), a semi-public water supplier described in that subsection need not disinfect its water supply if the operating licence for the system states that disinfection is not required. Water safety to be considered before waiving 18(4) The director may state in an operating licence that disinfection is not required only on being satisfied that there is (a) no history or evidence of bacteriological contamination in the water system; (b) no evidence that the water system has been improperly constructed or maintained; and (c) no distribution system to convey water to users that is external to the main building or premises served by the water system. In gathering information for the purpose of this subsection, the director may consult with a medical officer about the safety of water obtained from the system. M.R. 13/2017 ; 115/2025 Equipment maintenance and spare parts 19 A water supplier required to disinfect shall ensure that (a) all equipment and machinery used for disinfection is maintained in effective working order; and (b) spare parts as may be necessary to ensure continuous disinfection in case of equipment or machinery failure are kept available for immediate use, including, if necessary, a spare chlorinator or disinfection unit. Application of sections 21 to 25 20 Sections 21 to 25 apply to a water supplier who uses chlorine or chloramine as the residual disinfectant. Disinfectant levels after treatment and disinfection 21(1) Subject to subsection (2), a water supplier required to disinfect must ensure that a disinfectant residual of (a) at least 0.5 mg of free chlorine per litre of water; or (b) at least 1.0 mg of chloramine per litre of water, measured as monochloramine; is detectable at the point where water enters the water distribution system, after the minimum contact time specified or determined under section 17. Director may waive if potable groundwater or alternative method of disinfection 21(2) Despite subsection (1), the director may in writing waive any of the requirements of that subsection if (a) the water supply for the water system is extracted from an aquifer and is free of bacteria at the point of extraction; or (b) an alternative method of disinfection has been approved under clause 17(1)⁠(b); and the director is satisfied that waiving the requirements will not result in the delivery of bacteriologically unsafe water from the water system. Disinfection requirements in distribution system 22 Every public water supplier and every semi-public water supplier required to disinfect must ensure that a disinfectant residual of (a) at least 0.1 mg of free chlorine per litre of water; or (b) at least 0.3 mg of chloramine per litre of water; is detectable at all times at any point in the water distribution system, unless otherwise stated in the operating licence for the system. TESTING AND RECORDKEEPING REQUIREMENTS FOR DISINFECTION Testing frequency and locations 23(1) Subject to subsections (2) and (3), or to the terms and conditions of an operating licence, a water supplier required to disinfect must ensure that the disinfected water supply is tested for disinfectant residuals at the following times and locations: (a) at least once per day before the water enters the water distribution system; (b) periodically, in the frequency specified in Schedule A, at representative points in the water distribution system selected in accordance with guidelines approved by the director. Officer may require more frequent testing or different locations 23(2) A drinking water officer may, if satisfied that it is necessary to ensure the safety of water obtained from a water system, require the water supplier to test more frequently than required under subsection (1) or Schedule A, or to test at different points than, or in addition to, those selected by the supplier under clause (1)⁠(b). Officer may allow less frequent testing or different locations 23(3) A drinking water officer may allow the water supplier to test less frequently than required under subsection (1) or Schedule A, or to test at representative points that are not in accord with the guidelines referred to in clause (1)⁠(b), if (a) the officer is satisfied that it would be impractical or an undue hardship to require a water supplier to comply with subsection (1) or Schedule A; and (b) in the opinion of a medical officer, variance of the testing frequency or locations will not present a health risk to users of the system. Licence may require continuous monitoring 23(4) If specified in the operating licence for a water system, a water supplier must install and operate continuous disinfectant monitoring equipment, in accordance with the terms and conditions of the licence. Method of testing for disinfectant residuals 24 A water supplier must test for disinfectant residuals in accordance with a method specified in the latest edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation, or a method approved as being equivalent in effect by the director. M.R. 13/2017 Records of testing for disinfectant residuals 25(1) A water supplier must make a record of all tests performed under section 23 in a form approved by the director. Distribution of records 25(2) A water supplier must make two copies of the original record required under this section, and (a) give the original and one copy to a drinking water officer assigned to the region, within seven days after the end of the calendar month during which the test was taken; and (b) retain one copy for at least 24 months after the date of the test. SAMPLING AND ANALYSIS FOR BACTERIOLOGICAL, CHEMICAL, RADIOLOGICAL, PHYSICAL AND MICROBIAL STANDARDS Submitting samples to a laboratory 26(1) Every public water supplier and semi-public water supplier must collect samples of water from its water system and submit them to a laboratory to be analyzed for compliance with the drinking water quality standards specified in the Drinking Water Quality Standards Regulation that are applicable to the water system. Frequency of sampling 26(2) Subject to subsection (4), a water supplier must collect samples and submit them to a laboratory for analysis in the frequency specified in (a) Schedule A or B; or (b) if the parameter is not specified in Schedule A or B, in the frequency specified in the operating licence for the water system. Locations of sampling 26(3) Unless otherwise specified in the operating licence for a water system, each time that samples are required to be collected, the water supplier must collect the samples required by this regulation from the water supply (a) at the source before any treatment or disinfection occurs ("raw sample"); and (b) immediately after any required treatment, disinfection and contact time sufficient to inactivate bacteria and viruses occurs, (i) prior to the water entering the water distribution system, or (ii) at the location otherwise recommended for the parameter being sampled in the latest edition of the Guidelines for Canadian Drinking Water Quality , published by Health Canada ("treated sample"). Licence may require more frequent sampling 26(4) If specified in its operating licence for the water system, a water supplier must collect and submit samples for analysis of one or more parameters (a) at a greater frequency than specified in Schedule A or B; or (b) at different or additional locations than those specified in subsection (3); in accordance with the terms and conditions of the licence. M.R. 13/2017 Water turbidity monitoring for large public systems 27(1) Despite section 26, and beginning on the day that is five years after the day this regulation comes into force, a public water supplier in relation to a public water system serving more than 5,000 persons must (a) conduct continuous monitoring for water turbidity using equipment that allows each filter to be monitored continuously; and (b) periodically report the continuous monitoring results to a drinking water officer, in the manner and frequency specified in the operating licence for the system. Filter-to-waste feature for public systems 27(2) If a public water supplier in relation to a public water system serving 1,000 or more persons installs new water filtration equipment, or alters existing water filtration equipment, the water supplier must ensure that (a) the new or altered equipment has a filter-to-waste feature, or other method of disposal acceptable to the director, that operates automatically on filter start-up or after filter backwash; and (b) at start-up and after a filter backwash cycle, water is wasted and not discharged into a treated water storage reservoir or any other part of a water distribution system, until water turbidity levels have stabilized at an acceptable level. Filter-to-waste feature for small public systems 27(3) If a public water supplier in relation to a public water system serving less than 1,000 persons installs new water filtration equipment, or alters existing water filtration equipment, the water supplier must ensure that (a) the new or altered equipment has a filter-to-waste feature, or other method of disposal acceptable to the director, that operates manually or automatically on start-up; and (b) at start-up and after a filter backwash cycle, water is wasted and not discharged into a treated water storage reservoir or any other part of a water distribution system, until water turbidity levels have stabilized at an acceptable level. Filtration equipment not needing stabilization 27(4) Subsections (2) and (3) do not apply in relation to a system using physical filtration equipment that does not require time to stabilize upon start-up, including cartridge filters, membrane filters, or similar equipment. Collecting and handling of samples 28 A water supplier must collect, handle and submit a sample in a manner that is satisfactory to (a) the laboratory, if it is submitted to a laboratory described under section 35; or (b) the director, if it is submitted to a testing facility approved under subsection 36(1). REPORTING OF LABORATORY ANALYSES Routine reporting by laboratory for bacteriological standards 29(1) A laboratory that conducts an analysis of a sample collected from a public or semi-public water system under section 26 for a bacteriological standard must submit the results to the director, in a form satisfactory to the director. Reporting by laboratory for other standards 29(2) If specified in the operating licence for a public or semi-public water system, a laboratory that conducts an analysis of a sample collected from the system under section 26 for a chemical, radiological, physical or microbial standard must submit the results to the director, in a form satisfactory to the director. When analysis results must be submitted 29(3) Subject to subsection (4), the results must be submitted to the director within the following times: (a) results of an analysis for a bacteriological standard must be submitted not later than seven days after the date that the sample was received by the laboratory; (b) results of an analysis for a chemical, radiological, physical or microbial standard must be submitted not later than 30 days after the date that the sample was received by the laboratory. Non-application if emergency reporting required 29(4) Subsection (3) does not apply when the laboratory is required to notify the director of results immediately under subsection 22(2) of the Act (emergency reporting of results). NOTIFICATION OF PRIVATE WATER SUPPLIER WHERE ANALYSIS INDICATES RISK Laboratory to notify private water supplier by telephone 30(1) If a laboratory conducts an analysis in relation to a private water system and the results indicate that a serious health risk to users of the system exists or may exist, for the purposes of notification under section 24 of the Act the laboratory must immediately attempt to contact the private water supplier by live telephone conversation. Action if unable to notify by telephone 30(2) If the laboratory is unable to contact the water supplier immediately under subsection (1), the laboratory must (a) immediately leave a recorded message on a voice-mail system or other form of telephone answering service or device, if the supplier's telephone is so connected; (b) continue attempts to contact the supplier by live telephone conversation at reasonable intervals until 48 hours after the first telephone contact was attempted under subsection (1); and (c) send a written copy of the results by regular mail to the supplier, at the latest address shown in the laboratory's records. Laboratory to contact drinking water officer 30(3) If the laboratory is unable to contact the water supplier within 48 hours under clause (2)⁠(b), the laboratory must, as soon as practicable after the expiry of the 48-hour period, contact a drinking water officer and advise him or her of (a) the results of the analysis; and (b) the laboratory's unsuccessful efforts to contact the water supplier; and provide any other information that the drinking water officer may request. Form of notification 30(4) For greater certainty, the leaving of a recorded message on a voice-mail system or other form of telephone answering service or device is not a "live telephone conversation" for the purposes of this section. Requirements apply 30(5) This section applies whether or not the private water supplier was required by law to submit the sample to a laboratory. Drinking water officer may take action 30(6) On being contacted under subsection (3), a drinking water officer may take any action in accordance with the Act that he or she considers necessary to provide for (a) the safety of water obtained from the water system or a nearby water system; or (b) effective environmental management. RECORDKEEPING REQUIREMENTS FOR PUBLIC AND SEMI-PUBLIC WATER SUPPLIERS Additional records required 31(1) Every public water supplier and semi-public water supplier must make a record of any matter specified in the operating licence for the water system, in a form satisfactory to the director. Distribution of records 31(2) A water supplier must make two copies of an original record required under this section, and (a) provide the original and one copy to a drinking water officer within seven days after the end of the calendar month in which the event to which the record relates occurred; and (b) retain one copy at the water treatment plant, for at least 24 months after the date on which the event to which the record relates occurred. ANNUAL REPORTS Annual reports 32(1) Beginning in 2008, a public water supplier in relation to a public water system that serves 1,000 or more persons must provide a report to the director, by not later than March 31 of each year, about the operation of the water system in the immediately preceding calendar year. Contents of annual report 32(2) The report must be in a form satisfactory to the director, and must include (a) a brief description of the drinking water system, including its water supply source; (b) a description of the disinfection methods used, and a summary of disinfectant residual test results; (c) a list of all bacteriological, chemical, radiological, physical and microbial drinking water quality standards that apply to the water system, and a summary of analysis results for each parameter before and after treatment; (d) a summary of any incidents of failure to meet a drinking water quality standard, and a description of corrective action or other remedial measures taken in each case; (e) a summary of the information contained in the records made under section 31; (f) a description of any drinking water safety orders issued in relation to the system, and of action taken in response to each one; (g) a description of any boil water advisories issued in relation to the system, and of action taken in response to each one; (h) a summary of any charges laid, pending or disposed of for an offence under section 31 of the Act; (i) a description of any major expenses incurred to repair, replace or install equipment; and (j) any other information or a description of any other activities that the supplier believes should be communicated. Free copies to be made available to users 32(3) A public water supplier must ensure that, whenever an annual report is prepared, effective steps are taken to advise users of the water system that free copies of the report are available, and how a copy may be obtained. Annual reports to be posted on Internet 32(4) A public water supplier required to provide an annual report must ensure that a copy of each annual report is available as soon as practicable to the public at no charge on an Internet website. PUBLIC INFORMATION REQUIREMENTS FOR WATER SUPPLIERS Posting of permits, licences and orders 33 A permit, licence or order issued under the Act may contain requirements respecting the posting of the permit, licence or order. Water suppliers to make information available 34(1) A water supplier must ensure that the information listed in subsections (2) and (3) is available for inspection by any member of the public during normal business hours without charge at (a) the office of the water supplier; or (b) if the water supplier does not have an office, at a location convenient to users of the system. Information to be available — public systems 34(2) A public water supplier must ensure that the following information in relation to its water system is available for inspection: (a) a copy of every analysis result required in the past 24 months under the Act, this regulation, an order or a licence; (b) a copy of every order, permit, advisory and licence that is still in effect; (c) a copy of every record or report made under section 31 or 32. Information to be available — semi-public systems 34(3) A semi-public water supplier must ensure that the following information in relation to its system is available for inspection: (a) a copy of every analysis result required in the past 24 months under the Act, this regulation, an order or a licence; (b) a copy of every order, permit, advisory and licence that is still in effect. ACCREDITATION OF LABORATORIES Accredited laboratory 35 For the purpose of clause (a) of the definition of "laboratory" in section 1 of the Act, a laboratory is an accredited laboratory for a parameter if (a) the laboratory is accredited for analysis of that parameter by the Standards Council of Canada; or (b) the laboratory has another accreditation for analysis of that parameter that, in the director's opinion, is equivalent to accreditation by the Standards Council of Canada. Testing facility 36(1) For the purpose of clause (b) of the definition of "laboratory" in section 1 of the Act, the director may approve a testing facility for the analysis of a parameter if he or she is satisfied that if the facility is operated in accordance with the terms of its approval, the facility's analysis of a water sample in relation to that parameter will be accurate. Procedures for operating a testing facility 36(2) The operator of a testing facility must ensure that it is operated in accordance with the terms of operation approved by the director for the facility. INFRASTRUCTURE ASSESSMENTS Conducting an infrastructure assessment 37(1) Every public water supplier and semi-public water supplier must ensure that each assessment and written report required by subsection 9(1) of the Act is conducted in accordance with Schedule C and the guidelines approved by the director. New water systems — first assessment 37(2) For a new water system constructed in accordance with a permit issued under clause 7(1)⁠(a) of the Act, the requirement for a first assessment is deemed to have been met if the water system is constructed in accordance with the permit, including any terms and conditions to which the permit is subject. M.R. 13/2017 NON-POTABLE SYSTEMS Non-potable systems: interpretation 38 The following definitions apply in sections 39 to 43. "all season non-potable system" means a non-potable system that provides water to two or more residences or other dwellings in each season of the year. (« réseau d'eau non potable toutes saisons ») "non-potable system serving seasonal dwellings" means a non-potable system that provides water to two or more seasonal dwellings, cottages or other recreational dwellings for not more than 180 days per year. (« réseau d'eau non potable approvisionnant des habitations saisonnières ») Prohibition re new non-potable systems for multiple dwellings 39(1) No person shall construct, or begin construction of, a non-potable system that is intended to serve more than one residence, cottage, seasonal, recreational or other dwelling without obtaining the prior written approval of the director. Prohibition re conversion or re-designation of potable systems 39(2) No person shall convert or re-designate an existing water system to a non-potable system without obtaining the prior written approval of the director. Registration of non-potable systems 40(1) A person who operates an all season non-potable system or a non-potable system serving seasonal dwellings must register the system with the director (a) within six months after the day this subsection comes into force, in the case of an existing system; or (b) before operating the system, in the case of a new system. Registration to be maintained 40(2) A person who operates an all season non-potable system or a non-potable system serving seasonal dwellings must, subject to clause (1)⁠(a), ensure that the system is registered under this section at all times. Procedure for registration and renewal 40(3) A person may register, or renew the registration of, a system described in subsection (1) by providing, to the director, a completed registration or renewal form in a form satisfactory to the director. Term of registration or renewal 40(4) The term of a registration or a renewal of a registration is five years from the date of the registration or renewal, as the case may be. Non-potable systems — notice to users 41 A person who operates an all season non-potable system or a non-potable system serving seasonal dwellings must, before May 1 of each year, (a) give written notice to each owner of a residence or other dwelling served by the system (i) that water from the system is non-potable, and must not be used for drinking, preparing food or beverages (including ice and infant formula), or brushing teeth, and (ii) of any other matter that a drinking water officer, having consulted with a medical officer, may require; and (b) give to a drinking water officer a copy of the written notice and a list of owners to whom it was given. M.R. 13/2017 Orders and advisories — non-potable systems 42 Sections 11 to 16 (orders), 17 to 19 (advisories), 34 (appealing amount of costs) and 35 (enforcing cost-recovery order) of the Act apply, with the necessary changes, to the following: (a) an all season non-potable system; (b) a non-potable system serving seasonal dwellings; (c) a system that is either a water system or a non-potable system of a type defined in clause (a) or (b), but which has not yet been licensed as a water system nor registered as a non-potable system under section 40. For the purpose of determining compliance with an order or any requirement relating to an advisory, for greater certainty, sections 27 and 28 of the Act apply. Section 29 of the Act also applies, with the necessary changes. M.R. 13/2017 Non-potable water not to be offered or provided 43(1) No person shall offer, deliver, sell or otherwise provide water from a non-potable system to another person (a) for a domestic purpose; or (b) for any other purpose, if that person does not possess a service connection to the system. Exception for agricultural non-potable systems 43(2) Clause (1)⁠(b) does not apply in respect of water used for agricultural purposes, if the water is provided from a non-potable system designed specifically for the provision of non-potable water for agricultural purposes. TRANSITIONAL Transitional — public water system "certificates" 44(1) A certificate for the operation of a public water system issued under the Water Works, Sewerage and Sewage Disposal Regulation , Manitoba Regulation 331/88 R, before the coming into force of this regulation is deemed to be a valid operating licence for the public water system named in the certificate, and expires on the earlier of (a) two years after the date this regulation comes into force; and (b) the date that an operating licence under this Act is issued for the public water system. Transitional — applications under M.R. 331/88 R 44(2) An application for a certificate in relation to the construction, alteration or operation of a public water system commenced under the Water Works, Sewerage and Sewage Disposal Regulation , Manitoba Regulation 331/88 R, before the coming into force of this regulation must be continued under this regulation, in conformity with this regulation as much as possible. COMING INTO FORCE Coming into force 45 This regulation comes into force on the same day that subsections 8(1), (3), (4) and (5) and sections 3, 7, 9, 10, 20 to 25 and 30 of The Drinking Water Safety Act , S.M. 2002, c. 36, come into force. SCHEDULE A (Sections 23 and 26) FREQUENCY OF TESTING FOR DISINFECTANT RESIDUALS AND SAMPLING FOR BACTERIOLOGICAL STANDARDS CLASSIFICATION OF SYSTEM MINIMUM FREQUENCY OF TESTING FOR DISINFECTANT RESIDUALS IN TREATED WATER (unless otherwise specified by a drinking water officer or in the operating licence) MINIMUM NUMBER OF SAMPLES TO BE COLLECTED AND SUBMITTED RE BACTERIOLOGICAL STANDARDS Note: "raw sample" means a sample as described in clause 26(3)⁠(a). "treated sample" means a sample as described in clause 26(3)⁠(b). SEMI-PUBLIC WATER SYSTEM: using surface water or GUDI daily 2 sample sets (consisting of 1 raw and 1 treated sample) each month, provided that the sample sets are taken at an interval of not less than 12 days using groundwater If disinfection is required, 3 times per week, provided that no tests are done on consecutive days 1 raw sample and 1 treated sample, once every 3 months PUBLIC WATER SYSTEM SERVING: fewer than 5,000 persons daily (though continuous monitoring is recommended) 2 sample sets (consisting of 1 raw plus 2 treated samples) each month, provided that the sample sets are taken at an interval of not less than 12 days 5,000 to 10,000 persons continuous monitoring 2 sample sets (consisting of 1 raw sample, plus 1 treated sample per each 1,000 persons equally distributed between the 2 sampling periods in the month) each month, provided that the sample sets are taken at an interval of not less than 12 days 10,001 to 90,000 persons continuous monitoring 4 sample sets (consisting of 1 raw sample, plus 1 treated sample per each 1,000 persons equally distributed among the 4 sampling periods in the month) each month, provided that the sample sets are taken at intervals of not less than 5 days more than 90,000 persons continuous monitoring 4 sample sets (consisting of 1 raw sample, and 90 plus 1 treated sample per each 10,000 persons equally distributed among the 4 sampling periods in the month) each month, provided that the sample sets are taken at intervals of not less than 5 days SCHEDULE B (Section 26) FREQUENCY OF SAMPLING FOR CHEMICAL, RADIOLOGICAL, PHYSICAL AND MICROBIAL STANDARDS CLASSIFICATION OF SYSTEM Minimum frequency of sampling for all chemical and radiological parameters applicable to the system, unless different frequency specified in the operating licence Minimum frequency of sampling for trihalomethanes, unless different frequency specified in the operating licence Minimum frequency of sampling for physical parameters Minimum frequency of sampling for microbial parameters SEMI-PUBLIC WATER SYSTEM: using surface water or GUDI once every 3rd year on a quarterly basis, every 3rd year as specified in the operating licence as specified in the operating licence using groundwater once every 5th year PUBLIC WATER SYSTEM SERVING:

fewer than 5,000 persons (system using groundwater) once every 3rd year as specified in the operating licence fewer than 5,000 persons (system using surface water or GUDI) once each year on a quarterly basis, every 2nd year as specified in the operating licence as specified in the operating licence 5,000 to 10,000 persons (system using groundwater) once each year 5,000 to 10,000 persons (system using surface water or GUDI) once each year on a quarterly basis, each year as specified in the operating licence as specified in the operating licence 10,001 to 90,000 persons (system using groundwater) once each year 10,001 to 90,000 persons (system using surface water or GUDI) once every six months on a quarterly basis, each year as specified in the operating licence as specified in the operating licence more than 90,000 persons once every three months on a quarterly basis, each year as specified in the operating licence as specified in the operating licence SCHEDULE C (Section 37) SEMI-PUBLIC AND PUBLIC WATER SYSTEMS — REQUIREMENTS FOR ASSESSMENT OF WATER SYSTEM INFRASTRUCTURE AND WATER SUPPLY SOURCES CLASSIFICATION OF SYSTEM FIRST ASSESSMENT REQUIREMENT SUBSEQUENT ASSESSMENT REQUIREMENTS A. SEMI-PUBLIC WATER SYSTEMS: a system that uses groundwater and (a) does not have an exceedance of a chemical standard; and (b) does not provide water to a facility or entity described in clauses 18(2)⁠(a) to (d). self-assessment self-assessment a system that uses groundwater and (a) has an exceedance of a chemical standard; or (b) provides water to a facility or entity described in clauses 18(2)⁠(a) to (d). qualified-person assessment self-assessment a system that uses surface water or GUDI qualified-person assessment self-assessment B. PUBLIC WATER SYSTEMS: B.1 systems serving fewer than 500 persons: a system serving fewer than 500 persons that is distribution-only. qualified-person assessment self-assessment a system serving fewer than 500 persons that (a) is not distribution-only; and (b) uses groundwater that does not have an exceedance of a chemical standard. engineering assessment self-assessment a system serving fewer than 500 persons that (a) is not distribution-only; and (b) uses groundwater that has an exceedance of a chemical standard. engineering assessment qualified-person assessment a system serving fewer than 500 persons that is not distribution-only and uses surface water or GUDI. engineering assessment qualified-person assessment B.2 systems serving 500 to 1,000 persons: a system serving 500 to 1,000 persons that is distribution-only. engineering assessment self-assessment a system serving 500 to 1,000 persons that (a) is not distribution-only; and (b) uses groundwater that does not have an exceedance of a chemical standard. engineering assessment self-assessment a system serving 500 to 1,000 persons that (a) is not distribution-only; and (b) uses groundwater that has an exceedance of a chemical standard. engineering assessment engineering assessment a system serving 500 to 1,000 persons that (a) is a satellite system; and (b) uses surface water, or GUDI, that does not have an exceedance of a chemical standard. engineering assessment qualified-person assessment a system serving 500 to 1,000 persons that (a) is a satellite system; and (b) uses surface water, or GUDI, that has an exceedance of a chemical standard. engineering assessment engineering assessment a system serving 500 to 1,000 persons that is not distribution-only or a satellite system, and uses surface water or GUDI. engineering assessment engineering assessment B.3 systems serving 1,001 to 5,000 persons: a system serving 1,001 to 5,000 persons that is distribution-only. engineering assessment qualified-person assessment a system serving 1,001 to 5,000 persons that (a) is not distribution-only; and (b) uses groundwater that does not have an exceedance of a chemical standard. engineering assessment qualified-person assessment a system serving 1,001 to 5,000 persons that (a) is not distribution-only; and (b) uses groundwater that has an exceedance of a chemical standard. engineering assessment engineering assessment a system serving 1,001 to 5,000 persons that is not distribution-only and uses surface water or GUDI. engineering assessment engineering assessment B.4 systems serving more than 5,000 persons: engineering assessment engineering assessment