Potable Water on Board Trains, Vessels, Aircraft and Buses Regulations (SOR/2016-43)

Regulations are current to 2019-06-20 and last amended on 2016-09-24. Previous Versions

Potable Water on Board Trains, Vessels, Aircraft and Buses Regulations

SOR/2016-43

DEPARTMENT OF HEALTH ACT

Registration 2016-03-11

Potable Water on Board Trains, Vessels, Aircraft and Buses Regulations

P.C. 2016-126 2016-03-11

His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 11(1) of the Department of Health ActFootnote a, makes the annexed Potable Water on Board Trains, Vessels, Aircraft and Buses Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

contamination

contamination means the presence of chemical, physical, radiological or microbiological parameters in water or the addition of such parameters to water — other than for disinfection of the water, a potable water system or a potable water container — in a quantity or concentration that renders or may render the water non-potable. (contamination)

disinfection

disinfection means a chemical, physical or radiological process, or a series of such processes, that is part of the decontamination process and that is intended to remove or inactivate microbiological parameters that are human pathogens such as viruses, bacteria and protozoa. (désinfection)

operator

operator means a person who carries on a business of transporting passengers. (exploitant)

passenger

passenger means a person who travels on board a conveyance under a contract, but does not include

  • (a) the master, the pilot or the driver of the conveyance; or

  • (b) a member of the crew working on board the conveyance. (passager)

potable water container

potable water container means a refillable container that is used for water and that meets the requirement set out in subsection 16(1), but does not include a bottle of prepackaged water. (contenant d’eau potable)

potable water system

potable water system means any equipment that is used on board a conveyance for handling, treating, storing or distributing water that is intended to be used for any purpose set out in section 3, but does not include a potable water container or a bottle of prepackaged water. (réseau d’alimentation en eau potable)

vessel

vessel means any boat, ship or other means of transportation by water. (bâtiment)

Scope

Marginal note:Operator

  •  (1) Every operator who is authorized, under a law of Canada or of another country, to transport at least 25 persons on board any of the following conveyances must ensure that the requirements of these Regulations, except for the requirement set out in section 18, are met if the operator provides water, to be used for a purpose set out in section 3, on board the conveyance:

    • (a) an aircraft;

    • (b) a vessel used for interprovincial or international transportation;

    • (c) a bus used for interprovincial or international transportation;

    • (d) a train used for interprovincial or international transportation or used on a railway declared to be a work for the general advantage of Canada.

  • Marginal note:Excluded conveyances

    (2) Despite subsection (1), these Regulations do not apply to a conveyance that

    • (a) is used for urban transit purposes;

    • (b) has a point of departure and a point of destination outside Canada and travels through Canada without making any stops for the embarkation or disembarkation of passengers; or

    • (c) is a vessel that has a point of departure and a point of destination in the same province and travels through another province or another country without making any stops for the embarkation or disembarkation of passengers.

  • Marginal note:Non-application

    (3) Section 12, paragraph 13(c) and sections 19 and 22 do not apply to a foreign operator in respect of a conveyance that, while it is in Canada, makes only one stop for the embarkation or disembarkation of passengers.

Marginal note:Purposes

 These Regulations apply in respect of water that is intended to be used

  • (a) for drinking, handwashing or oral hygiene by passengers;

  • (b) for the preparation of food for passengers, including the cleaning of surfaces used in food preparation, the washing of utensils — including kitchenware, tableware or other items used in the handling, preparation, storage, transportation or consumption of food, ice or potable water — and handwashing by persons who prepare or handle food, ice or potable water on behalf of the operator; or

  • (c) in the form of ice, for the contact refrigeration of food for passengers or to be added to beverages for passengers.

Potable Water

Marginal note:Provision

  •  (1) Any water that is provided for a purpose set out in section 3 must be potable and in sufficient quantity for the number of passengers.

  • Marginal note:Means

    (2) The water must be provided

    • (a) by way of a potable water system that meets the requirements of these Regulations;

    • (b) from a potable water container that meets the requirements of these Regulations; or

    • (c) from a bottle of prepackaged water.

Marginal note:Microbiological parameters

 Water that is provided by way of a potable water system or from a potable water container must meet the microbiological parameter guidelines for Escherichia coli (E. coli) in the Guidelines for Canadian Drinking Water Quality — Summary Table, prepared by the Federal-Provincial-Territorial Committee on Drinking Water and published by the Department of Health, as amended from time to time.

Marginal note:Free from contamination

 Measures must be taken to ensure that water that is to be provided by way of a potable water system or from a potable water container is free from contamination when it is taken from the water supply.

Marginal note:Loading of contaminated water

  •  (1) Section 6 does not apply to contaminated water that is loaded on board a vessel while the vessel is making way if the water is subsequently decontaminated by

    • (a) in the case of salt water, reverse osmosis or distillation, or both of those processes, and, if necessary, any other decontamination process; and

    • (b) in the case of fresh water, filtration and disinfection.

  • Marginal note:Excluded waters

    (2) Despite subsection (1), water must not be loaded on board a vessel from the waters within a harbour or in a port.

Ice

Marginal note:Ice made on board

 Ice that is made on board a conveyance must be made from water that meets the requirements of sections 4 to 7.

Marginal note:Ice supply

 Ice that is not made on board a conveyance may be used if measures are taken to ensure that it is free from contamination when it is taken from the supplier.

Marginal note:Ice made or loaded on board

  •  (1) Ice that is made or loaded on board a conveyance must meet the guidelines referred to in section 5.

  • Marginal note:Loading, moving and storage

    (2) Measures must be taken to prevent the risk of contamination of the ice when it is loaded, moved or stored on board the conveyance.

  • Marginal note:Handling

    (3) Measures, such as the use of an ice scoop or tongs, must be taken to prevent the risk of contamination of the ice when it is handled.

Potable Water System

Marginal note:General requirements

  •  (1) A potable water system must be designed, constructed and operated in a manner that prevents the risk of contamination through the implementation of measures

    • (a) to protect the system during the loading of water;

    • (b) to prevent backflow;

    • (c) to protect filling connections and cross connections; and

    • (d) to protect the system from tampering.

  • Marginal note:Identification

    (2) The system’s components must be readily identifiable in order to avoid confusion with those of other systems and each storage tank and filling connection must be identified through the use of a readily visible and legible label.

Marginal note:Routine sampling

  •  (1) For each type of conveyance set out in column 1 of the schedule, water samples must be taken from the sampling sites set out in column 2 at a frequency set out in column 3.

  • Marginal note:Analysis

    (2) The samples must be analyzed for the purpose of verifying that the water is free from E. coli in accordance with a method for the analysis of potable water set out in Part 9000 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, as amended from time to time.

Marginal note:Corrective measures

 If the water in a potable water system does not meet the guidelines referred to in section 5 or if there are reasonable grounds to believe that the water has been contaminated, the following corrective measures must be taken:

  • (a) the system must be disinfected, decontaminated, repaired or replaced, as the case may be, and flushed so as to ensure the water is free from contamination before it is used for any purpose set out in section 3;

  • (b) the cause of the contamination must be investigated; and

  • (c) the other conveyances in the operator’s fleet must be assessed to determine whether their potable water systems have been contaminated.

Marginal note:Disinfection and flushing

  •  (1) A potable water system must be disinfected and flushed

    • (a) at the frequency, if any, set out in column 3 of the schedule for the type of conveyance set out in column 1, that relates to the frequency of sampling conducted under section 12;

    • (b) before it is placed in service or before it is returned to service after the conveyance has been taken out of operation for a season; and

    • (c) before the system is returned to service after an activity, such as a repair or cleaning, that might lead to contamination of the water in the system.

  • Marginal note:Part of system

    (2) If an isolated part of a potable water system is returned to service after an activity, such as a repair or cleaning, only that part of the system is required to be disinfected and flushed before it is returned to service.

Marginal note:Water sampling after certain activities

  •  (1) For each type of conveyance set out in column 1 of the schedule, water samples must be taken from the sampling sites set out in column 2 after the activities referred to in paragraph 13(a) have been completed or a potable water system has been disinfected and flushed in accordance with paragraph 14(1)(b).

  • Marginal note:Analysis

    (2) The samples must be analyzed for the purpose of verifying that the water in the potable water system is free from contamination.

Potable Water Containers

Marginal note:Requirement

  •  (1) Potable water containers must be readily moveable by one person.

  • Marginal note:Prevention of contamination

    (2) Measures must be taken to prevent the risk of contamination when a potable water container is loaded, stored, moved or handled on board a conveyance, and to ensure that the container is maintained in a sanitary condition.

Dispensing Water

Marginal note:Prevention of contamination

  •  (1) Measures, such as the use of single-use drinking cups, must be taken to prevent the risk of contamination of water when it is dispensed in drinking cups.

  • Marginal note:Large container

    (2) Measures, such as the use of a tap, must be taken to prevent the risk of contamination of water when it is dispensed from a container that has a capacity of 5 L or more.

Inspection Results

Marginal note:Communication

 The Minister of Health must inform the operator of the results of an inspection and of an analysis of a water sample taken by an inspector for the purposes of these Regulations.

Records

Marginal note:Routine sampling

  •  (1) A record must be kept that identifies the conveyance and specifies the following information respecting each routine water sample taken under section 12:

    • (a) the sampling site and the location of the tap;

    • (b) the date and time when the sample is taken; and

    • (c) the results of the analysis.

  • Marginal note:Routine disinfection and flushing

    (2) A record must be kept that identifies the conveyance and specifies the date and time when any routine disinfection and flushing is conducted under paragraph 14(1)(a).

  • Marginal note:Retention period — sampling

    (3) The record referred to in subsection (1) must be retained for a period of 12 months after the day on which the sample is taken or, if samples are taken on board a train at a frequency of once every 24 or 36 months, the record must be retained until the next sample is taken under section 12.

  • Marginal note:Retention period — disinfection and flushing

    (4) The record referred to in subsection (2) must be retained for a period of 12 months after the day on which the disinfection and flushing is completed or, if samples are taken on board a train at a frequency of once every 24 or 36 months, the record must be retained for a period of 24 or 36 months, as the case may be, after that day.

Marginal note:Activities relating to contamination

  •  (1) A record must be kept that identifies the conveyance and specifies the date and time when its potable water system is disinfected, decontaminated, flushed, repaired or replaced in accordance with paragraph 13(a) or paragraph 14(1)(b) or (c).

  • Marginal note:Sampling

    (2) The record must also specify the following information respecting each water sample taken under section 15:

    • (a) the sampling site and the location of the tap;

    • (b) the date and time when the sample is taken;

    • (c) the type of analysis conducted;

    • (d) the type of parameter that is the object of the analysis; and

    • (e) the results of the analysis.

  • Marginal note:Retention period

    (3) Information that is in the record and is referred to in subsection (1) must be retained for a period of 12 months after the day on which the relevant activity is completed and information that is in the record and is referred to in subsection (2) must be retained for a period of 12 months after the day on which the related sample is taken.

Marginal note:Corrective measures

  •  (1) A record must be kept that identifies the conveyance and specifies the following information respecting any corrective measure taken in respect of the results of an inspection conducted for the purposes of these Regulations or an analysis of a water sample taken during such an inspection:

    • (a) a description of the measure taken; and

    • (b) the date on which the measure is taken.

  • Marginal note:Retention period

    (2) The record must be retained for a period of 12 months after the day on which the corrective measure is completed.

Marginal note:Investigation

  •  (1) A record must be kept that identifies the conveyance and specifies the following information respecting the investigation and the assessment that are required by paragraphs 13(b) and (c):

    • (a) the steps taken in the course of the investigation and the assessment;

    • (b) the results obtained;

    • (c) a description of any corrective measure taken; and

    • (d) the date on which the corrective measure is completed.

  • Marginal note:Retention period

    (2) The record must be retained for a period of 12 months after the day on which the corrective measure is completed or, if no corrective measure is taken, the day on which the results of the investigation and the assessment are known.

Marginal note:Accessibility

 The records that are required to be kept and retained under these Regulations must be readily accessible for examination by an inspector in the course of the enforcement of these Regulations.

Repeal

 [Repeal]

Coming into Force

Marginal note:Six months after publication

Footnote * These Regulations come into force six months after the day on which they are published in the Canada Gazette, Part II.

SCHEDULE(Subsection 12(1), paragraph 14(1)(a) and subsection 15(1))

Water Samples from Potable Water Systems on Board Conveyances

Column 1Column 2Column 3
ItemType of ConveyanceSampling SitesFrequency of Sampling, Disinfection and Flushing
1Aircraft

The following sites, as applicable:

  • (a) a tap in the galley or bar and a tap in one lavatory facility;

  • (b) if there is no tap in one of the locations referred to in paragraph (a), a tap in another location referred to in that paragraph and another tap in a different location on board; or

  • (c) if there is only one tap on board, that tap.

Any of the following frequencies during a 12-month period:

  • (a) from each site, once in each 3-month period during which the aircraft is in operation, with a minimum of 45 days between the taking of samples from the same site;

  • (b) from each site, once in each 6-month period during which the aircraft is in operation, with a minimum of 90 days between the taking of samples from the same site, and with a disinfection and flushing of the potable water system conducted at least once in each 4-month period; or

  • (c) from each site, once in each 12-month period during which the aircraft is in operation, with a minimum of 180 days between the taking of samples from the same site, and with a disinfection and flushing of the potable water system conducted at least once in each 3-month period.

2Train

The following sites in each rail car used in the transport of passengers, as applicable:

  • (a) a tap in the galley or bar and a tap in one lavatory facility;

  • (b) if there is no tap in one of the locations referred to in paragraph (a), a tap in another location referred to in that paragraph and another tap in a different location on board; or

  • (c) if there is only one tap on board, that tap.

Any of the following frequencies:

  • (a) from each site, once in each 12-month period, with a minimum of 180 days between the taking of samples from the same site;

  • (b) from each site, once in each 24-month period, with a minimum of 360 days between the taking of samples from the same site, and with a disinfection and flushing of the potable water system conducted at least once in each 4-month period; or

  • (c) from each site, once in each 36-month period, with a minimum of 540 days between the taking of samples from the same site, and with a disinfection and flushing of the potable water system conducted at least once in each 3-month period.

3Vessel with sleeping accommodations for passengers, or any other vessel that loads water while making way

The following four sites:

  • (a) a tap at the forward end;

  • (b) a tap at the aft end;

  • (c) a tap at the farthest point from the potable water storage tanks (that tap is typically by the bridge, on the upper deck); and

  • (d) a tap at the closest point to the potable water storage tanks (that tap is typically on the lower deck).

From each site, once in each month during which the vessel is in operation.
4Vessel without sleeping accommodations for passengers and that does not load water while making way

The following sites, as applicable:

  • (a) a tap in the galley or bar and a tap in one lavatory facility;

  • (b) if there is no tap in one of the locations referred to in paragraph (a), a tap in another location referred to in that paragraph and another tap in a different location on board; or

  • (c) if there is only one tap on board, that tap.

Any of the following frequencies during a 12-month period:

  • (a) from each site, once in each 3-month period during which the vessel is in operation, with a minimum of 45 days between the taking of samples from the same site;

  • (b) from each site, once in each 6-month period during which the vessel is in operation, with a minimum of 90 days between the taking of samples from the same site, and with a disinfection and flushing of the potable water system conducted at least once in each 4-month period; or

  • (c) from each site, once in each 12-month period during which the vessel is in operation, with a minimum of 180 days between the taking of samples from the same site, and with a disinfection and flushing of the potable water system conducted at least once in each 3-month period.

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