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ontario regulation 466/10

made under the

Safe Drinking Water Act, 2002

Made: December 1, 2010
Filed: December 6, 2010
Published on e-Laws: December 8, 2010
Printed in The �������� Gazette: December 25, 2010

Amending O. Reg. 128/04

(Certification of Drinking Water System Operators and Water Quality Analysts)

1. (1) Subsection 1 (1) of �������� Regulation 128/04 is amended by adding the following definitions:

“authorizing certificate” has the same meaning as in subsection 2 (1) of the �������� Labour Mobility Act, 2009;

“occupation” has the same meaning as in subsection 2 (1) of the �������� Labour Mobility Act, 2009;

“out-of-province regulatory authority” has the same meaning as in subsection 2 (1) of the �������� Labour Mobility Act, 2009;

“regulated occupation” has the same meaning as in subsection 2 (1) of the �������� Labour Mobility Act, 2009;

“restricted certificate”, in relation to an occupation, means a certificate, licence, registration, or other form of official recognition that is granted by a regulatory authority to an individual who is not qualified to practise the occupation but is permitted with conditions to practise the occupation;

(2) The definition of “water quality analyst” in subsection 1 (1) of the Regulation is amended by striking out “issued under section 16” and substituting “issued under section 16 or 16.1”.

2. The Regulation is amended by adding the following sections:

Municipal residential operator’s certificate, out-of-province applicant

7.1 (1) A person who holds an authorizing certificate issued by an out-of-province regulatory authority in respect of an occupation may apply to the Director for the issuance of an operator’s certificate described in subsection 6 (1) in respect of the same occupation.

(2) Subject to subsections (3) and (4), the Director shall issue an operator’s certificate described in subsection 6 (1) to the applicant if,

(a) the applicant pays the required fee;

(b) the applicant provides the Director with a copy of the applicant’s authorizing certificate;

(c) the operator’s certificate is, in the opinion of the Director, in respect of the same occupation as the applicant’s authorizing certificate;

(d) the applicant provides the Director with confirmation in writing from the out-of-province regulatory authority that the applicant’s authorizing certificate is in good standing; and

(e) the applicant provides the Director with evidence satisfactory to the Director that the applicant has practised the regulated occupation within the three-year period preceding the day on which the applicant submits his or her application under subsection (1).

(3) An applicant who applies for a Class I operator’s certificate shall be issued the certificate under subsection (2) only if the applicant complies with the training requirements set out in section 29.

(4) The Director may refuse to issue a certificate if the out-of-province regulatory authority has revoked or suspended or circumstances exist that authorize the authority to revoke or suspend an authorizing certificate or a restricted certificate that was issued to the applicant in respect of one or more of the following occupations:

1. Wastewater operator.

2. Water operator.

3. Water quality analyst.

(5) Subsections 7 (4) to (13) apply to an operator’s certificate issued by the Director under this section.

. . . . .

Limited subsystem operator’s certificate, out-of-province applicant

8.1 (1) A person who holds an authorizing certificate issued by an out-of-province regulatory authority in respect of an occupation may apply to the Director for the issuance of an operator’s certificate described in subsection 6 (2) in respect of the same occupation.

(2) Subject to subsection (3), the Director shall issue an operator’s certificate described in subsection 6 (2) to the applicant if,

(a) the applicant pays the required fee;

(b) the applicant provides the Director with a copy of the applicant’s authorizing certificate;

(c) the operator’s certificate is, in the opinion of the Director, in respect of the same occupation as the applicant’s authorizing certificate;

(d) the applicant provides the Director with confirmation in writing from the out-of-province regulatory authority that the applicant’s authorizing certificate is in good standing; and

(e) the applicant provides the Director with evidence satisfactory to the Director that he or she has practised the regulated occupation within the five-year period preceding the day on which the applicant submits his or her application under subsection (1).

(3) The Director may refuse to issue a certificate if the out-of-province regulatory authority has revoked or suspended or circumstances exist that authorize the authority to revoke or suspend an authorizing certificate or a restricted certificate that was issued to the applicant in respect of one or more of the following occupations:

1. Wastewater operator.

2. Water operator.

3. Water quality analyst.

(4) Subsections 8 (5) to (8) apply with necessary modifications to an operator’s certificate issued under this section.

. . . . .

Water quality analyst’s certificate, out-of-province applicant

16.1 (1) A person who holds an authorizing certificate issued by an out-of-province regulatory authority in respect of an occupation may apply to the Director for the issuance of a water quality analyst’s certificate.

(2) Subject to subsection (3), the Director shall issue the water quality analyst’s certificate to the applicant if,

(a) the applicant pays the required fee;

(b) the applicant provides the Director with a copy of the applicant’s authorizing certificate;

(c) the water quality analyst’s certificate is, in the opinion of the Director, in respect of the same occupation as the applicant’s authorizing certificate;

(d) the applicant provides the Director with confirmation in writing from the out-of-province regulatory authority that the applicant’s authorizing certificate is in good standing; and

(e) the applicant provides the Director with evidence satisfactory to the Director that he or she has practised the regulated occupation within the five-year period preceding the day on which the applicant submits his or her application under subsection (1).

(3) The Director may refuse to issue a certificate if the out-of-province regulatory authority has revoked or suspended or circumstances exist that authorize the authority to revoke or suspend an authorizing certificate or a restricted certificate that was issued to the applicant for one or more of the following occupations:

1. Wastewater operator.

2. Water operator.

3. Water quality analyst.

(4) Subsections 16 (4) to (9) apply to a water quality analyst’s certificate issued under this section.

3. This Regulation comes into force on the later of January 1, 2011 and the day this Regulation is filed.

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