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Version of document from 2012-09-28 to 2016-09-23:

Potable Water Regulations for Common Carriers

C.R.C., c. 1105

DEPARTMENT OF HEALTH ACT

Regulations Concerning Water for Drinking and Culinary Purposes in Certain Air, Land and Water Conveyances

Short Title

 These Regulations may be cited as the Potable Water Regulations for Common Carriers.

Interpretation

 In these Regulations,

common carrier

common carrier includes any employee, servant or agent of a common carrier; (voiturier public)

conveyance

conveyance means any aircraft, train, vessel, motor vehicle or other mode of transportation that is used in

  • (a) international traffic,

  • (b) interprovincial traffic,

  • (c) traffic on the sea coast of Canada and on the salt water bays, gulfs and harbours of Canada, and

  • (d) traffic on the Great Lakes and inland waters of Canada; (véhicule)

Department

Department means the Department of Health or the Public Health Agency of Canada; (ministère)

Minister

Minister means the Minister of Health; (Ministre)

potable water

potable water means water that is free of pathogenic bacteria and is of such a composition that, when five 10-millilitre portions thereof are examined according to the standard procedure outlined in the latest edition of Standard Methods for the Examination of Water and Sewage, published by the American Public Health Association, not more than one portion thereof shows the presence of organisms of the coliform group, that is to say, the most probable number is not greater than 2.2 per 100 millilitres; (eau potable)

potable water system

potable water system means the equipment used on a conveyance for handling, treating, storing and distributing potable water; (système d’eau potable)

raw water

raw water means water that is not potable water; (eau brute)

vessel

vessel means any boat, ship or other mode of transportation by water that is used in any traffic mentioned in the definition conveyance. (navire)

  • SOR/2012-201, s. 1

Supply of Water and Ice

 No common carrier shall supply raw water for use on any conveyance for drinking or culinary purposes.

 No common carrier shall supply for use with potable water or food on any conveyance ice that is not

  • (a) made from potable water or obtained from a source approved by the Minister; and

  • (b) stored and handled in a clean and sanitary manner.

Responsibility of Common Carrier

 No common carrier shall operate or cause to be operated a conveyance unless the potable water system of such conveyance is

  • (a) operated without any connection to any system for handling, storing or distributing raw water;

  • (b) identified as a potable water system by signs on storage tanks, outlets and filling connections;

  • (c) protected from tampering by unauthorized persons; and

  • (d) maintained in a sanitary condition.

 Every common carrier who operates or causes to be operated a conveyance shall

  • (a) clean, sterilize with live steam or a chlorine solution and rinse with potable water the potable water system of such conveyance before it is used for the first time;

  • (b) clean, sterilize with live steam or a chlorine solution and rinse with potable water the potable water system whenever it has been exposed to contamination in any way or has contained raw water as revealed by the examination referred to in the definition “potable water”;

  • (c) clean, sterilize with live steam or a chlorine solution and rinse with potable water the tanks and containers of the potable water system before they are used again after they have been entered into for inspection, repairs or maintenance;

  • (d) subject to paragraph (f), clean, sterilize with live steam or a chlorine solution and rinse with potable water at least once a month the potable water system that is being used;

  • (e) empty, clean, sterilize with live steam or a chlorine solution and rinse with potable water at least once every two weeks the water coolers and other chilling devices of the potable water system that is being used; and

  • (f) in the case of a railway train which is subject to these Regulations, clean, sterilize with live steam or a chlorine solution and rinse with potable water at least every three months the tanks and pipe lines of the closed potable water system.

 No common carrier who operates or causes to be operated a conveyance shall permit on it

  • (a) any careless or unsanitary handling of potable water from the source of supply thereof to the points of consumption;

  • (b) the existence of by-passes around the treatment or purification apparatus of the potable water system;

  • (c) the existence of a raw water supply in a galley or kitchen quarters unless

    • (i) the outlet of such water supply is located at a point less than 450 mm above the level of the deck or floor, and

    • (ii) a sign has been posted at the outlet indicating that the water is to be used only for the purpose of washing decks or floors;

  • (d) the storage of potable water in tanks that are exposed to contamination by or from

    • (i) pipes that pass through them,

    • (ii) raw water,

    • (iii) toilets, or

    • (iv) any other potential source of pollution; or

  • (e) the existence of raw water outlets unless there has been posted at each such outlet a conspicuous and legible sign that states that the water available is not to be used for drinking or culinary purposes.

  • SOR/78-400, s. 1

Special Requirements for Vessels

 No common carrier shall operate or cause to be operated a vessel unless

  • (a) the potable water system is maintained and operated in accordance with sections 3 to 7;

  • (b) no part of the deck or hull forms part of the potable water storage tank except when

    • (i) the bottom of the tank is at least 0.60 m above the maximum load water line and the seams of the ships’s hull are continuously welded,

    • (ii) there are no access or inspection openings in the portion of the deck forming the top of the potable water tank, and

    • (iii) there are no common partitions with a tank holding raw water or other substance which could contaminate or pollute potable water;

  • (c) the opening of all deck vents connected to the potable water system face downwards, are covered with wire mesh and are not less than 450 mm above the deck;

  • (d) all potable water system vents or openings passing through the hull discharge at least 3 m above the maximum load water line;

  • (e) all potable water system filling connections

    • (i) begin at a point at least 450 mm above the deck that they penetrate, and

    • (ii) are securely capped when not in use;

  • (f) all potable water tanks are provided with a drain so located that tanks can be completely emptied; and

  • (g) the sounding rod used in the potable water system is not used in any other water system and is handled and stored in a sanitary manner.

  • SOR/78-400, s. 2

 No common carrier shall put into operation or cause to be put into operation any vessel the construction of which was completed after January 1, 1950, unless one month prior to it being put into operation he has furnished the Minister with duplicate copies of the plans and specifications indicating the location and installation of the potable water system together with such further information as the Minister may require.

Inspection and Certificates

  •  (1) An official of the Department duly authorized by the Minister may examine and inspect from time to time the potable water and potable water system of any conveyance that is operated by a common carrier.

  • (2) Where the Minister is not satisfied that the potable water or the potable water system complies with the requirements of these Regulations, he shall forward to the common carrier who owns the conveyance a notice containing particulars of the manner in which the requirements of the Regulations are not complied with.

  • (3) When a common carrier receives a notice under subsection (2), he shall take whatever action is necessary to ensure that the requirements of these Regulations specified in the notice are complied with.

  •  (1) Where the Minister is satisfied that the potable water system of any vessel used for the transportation of passengers comply with all the requirements of these Regulations, he may issue a certificate to the common carrier who operates the vessel.

  • (2) Subject to subsections 10(2) and (3), where the Minister is not satisfied that the potable water and the potable water system of any vessel comply with all the requirements of these Regulations, he may issue to the common carrier who operates the vessel a temporary certificate that will remain in force for a period to be fixed by the Minister but not to exceed one year from the date of issue.

  • (3) Certificates issued under subsections (1) and (2) shall be posted by the common carrier in a conspicuous place on the vessel in respect of which they are issued.

Sources of Supply of Water

 The Minister may establish a list of the sources of supply of water used by common carriers in Canada and may furnish, upon request, to the owner of a conveyance, a copy of that list together with information respecting the condition and standard of quality of the water available.

Penalties

 Every person who knowingly violates any of the provisions of these Regulations is guilty of an offence and is liable on summary conviction to a fine not exceeding $200 or to imprisonment for a term not exceeding three months.


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