Wastewater Systems Effluent Regulations
SOR/2012-139
Registration 2012-06-29
Wastewater Systems Effluent Regulations
P.C. 2012-942 2012-06-28
His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to subsection 36(5) and paragraphs 43(g.1)Footnote a, (g.2)Footnote a and (h) of the Fisheries ActFootnote b, hereby makes the annexed Wastewater Systems Effluent Regulations.
Return to footnote aS.C. 1991, c. 1, s. 12(2)
Return to footnote bR.S., c. F-14
Interpretation
Marginal note:Definitions
1 The following definitions apply in these Regulations.
- Act
Act means the Fisheries Act. (Loi)
- acutely lethal
acutely lethal, in relation to effluent, means that the effluent at 100% concentration kills, during a 96-hour period, more than 50% of the rainbow trout subjected to it. (létalité aiguë)
- aquatic species
aquatic species[Repealed, SOR/2024-97, s. 1]
- authorization officer
authorization officer, in respect of a province set out in column 1 of Schedule 1 and for each type of owner set out in column 2 of a wastewater system located in the province, means the holder of the position set out in column 3. (agent d’autorisation)
- authorized representative
authorized representative means
(a) in respect of an owner or operator who is an individual, that individual or another individual or an entity that is authorized to act on their behalf;
(b) in respect of an owner or operator that is a corporation, an employee of the corporation, or another individual or an entity that is authorized to act on behalf of the corporation; and
(c) in respect of an owner or operator that is an entity other than a corporation, an individual or entity that is authorized to act on its behalf. (représentant autorisé)
- blackwater
blackwater means used water from sanitary appliances that contains human fecal matter or human urine. (eaux-vannes)
- bypass
bypass, in relation to wastewater, means
(a) the diversion of wastewater to an overflow point; or
(b) the circumvention or the removal of one or more treatment steps normally applied to the wastewater before it is deposited as effluent, in any water or place referred to in subsection 36(3) of the Act, via a final discharge point. (dérivation)
- carbonaceous biochemical oxygen demanding matter
carbonaceous biochemical oxygen demanding matter or CBOD matter means carbonaceous matter that consumes, by biochemical oxidation, oxygen dissolved in water. (matières exerçant une demande biochimique en oxygène de la partie carbonée ou matière exerçant une DBOC)
- combined sewer
combined sewer means a sewer that is designed to collect surface runoff and stormwater in such a manner that it mixes with wastewater referred to in any of paragraphs (a) to (c) of the definition wastewater or any combination of wastewater referred to in those paragraphs. (égout unitaire)
- composite sample
composite sample means
(a) a composite sample as defined by the government of the province where the wastewater system is located, or under an Act of Parliament, if the definition applies to the wastewater system;
(b) a quantity of effluent consisting of not less than three equal volumes or three volumes proportionate to the rate of flow that have been collected at approximately equal time intervals over
(i) the period during which effluent is deposited, if effluent is deposited only during part of the day, or
(ii) a sampling period of not less than seven hours and not more than 24 hours, if effluent is deposited throughout the day; or
(c) a quantity of effluent collected continuously at a constant rate or at a rate proportionate to the rate of flow of the effluent over
(i) the period during which effluent is deposited, if effluent is deposited only during part of the day, or
(ii) a sampling period of not less than seven hours and not more than 24 hours, if effluent is deposited throughout the day. (échantillon composite)
- effluent
effluent means wastewater that is deposited from a wastewater system. (effluent)
- final discharge point
final discharge point means any point of a wastewater system, other than an overflow point, beyond which the owner or operator of the system no longer exercises control over the quality of the wastewater before it is deposited as effluent in water or a place. (point de rejet final)
- greywater
greywater means used water, other than blackwater, from sanitary appliances or from other appliances in a kitchen or laundry. (eaux grises)
- hydraulic retention time
hydraulic retention time, in relation to a wastewater system, means the average period during which wastewater is retained for treatment and storage prior to release from that system. (temps de rétention hydraulique)
- influent
influent means wastewater entering a wastewater system. (affluent)
- licensed professional
licensed professional means a licensed member of an engineering or scientific professional organization who has technical expertise in the field in question. (professionnel agréé)
- overflow point
overflow point means a point of a wastewater system via which excess wastewater may be deposited in water or a place and beyond which its owner or operator no longer exercises control over the quality of wastewater before it is deposited as effluent. (point de débordement)
- point of entry
point of entry, in relation to the final discharge point or an overflow point of a wastewater system, means
(a) the point where effluent is deposited in water frequented by fish via the final discharge point or the overflow point, as the case may be; or
(b) any point where the effluent enters that water from the place where it was deposited via the final discharge point or the overflow point, as the case may be. (point d’entrée)
- previous calendar year
previous calendar year, in respect of a given period and a wastewater system, means the most recent calendar year during which effluent was deposited via the system’s final discharge point that ended before the given period. (année civile précédente)
- previous month
previous month, in respect of a given period and a wastewater system, means the most recent month during which effluent was deposited via the system’s final discharge point that ended before the given period. (mois précédent)
- previous quarter
previous quarter, in respect of a given period and a wastewater system, means the most recent quarter during which effluent was deposited via the system’s final discharge point that ended before the given period. (trimestre précédent)
- Procedure for pH Stabilization EPS 1/RM/50
Procedure for pH Stabilization EPS 1/RM/50 means the Procedure for pH Stabilization During the Testing of Acute Lethality of Wastewater Effluent to Rainbow Trout (EPS 1/RM/50), March 2008, published by the Department of the Environment, as amended from time to time. (Procédure de stabilisation du pH SPE 1/RM/50)
- protected aquatic species
protected aquatic species means an aquatic species as defined in subsection 2(1) of the Species at Risk Act that is
(a) a species at risk as defined in that subsection or a species that is listed in Schedule 1 to that Act; or
(b) a species that is protected — or classified as an endangered species or threatened species as defined in that subsection — under the laws of a province. (espèce aquatique protégée)
- protected species
protected species[Repealed, SOR/2024-97, s. 1]
- quarter
quarter, in respect of a year, means a period of three months that begins on the first day of January, April, July or October. (trimestre)
- Reference Method EPS 1/RM/13
Reference Method EPS 1/RM/13 means the Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Rainbow Trout (EPS 1/RM/13 Second Edition), December 2000 with May 2007 amendments, published by the Department of the Environment, as amended from time to time. (Méthode de Référence SPE 1/RM/13)
- sanitary sewer
sanitary sewer means a sewer that is designed to collect wastewater referred to in any of paragraphs (a) to (c) of the definition wastewater or any combination of wastewater referred to in those paragraphs. (égout sanitaire)
- suspended solids
suspended solids or SS means any solid matter contained in effluent that is retained on a filter that has a nominal pore size of 1.5 micrometres or smaller. (matières en suspension ou MES)
- total residual chlorine
total residual chlorine means the sum of free chlorine and combined chlorine, including inorganic chloramines. (chlore résiduel total)
- wastewater
wastewater means
(a) blackwater;
(b) greywater that is mixed with blackwater;
(c) used water — other than blackwater and greywater — from an industrial, commercial or institutional facility that is mixed with blackwater; or
(d) surface runoff and stormwater that is mixed with blackwater. (eaux usées)
- wastewater system
wastewater system means any work or undertaking, at least part of which is located on land, that is used for the collection and deposit of wastewater, whether or not the wastewater is treated, and includes a site that contains a wastewater lagoon. (système d’assainissement)
Application
Marginal note:Application
2 (1) These Regulations apply in respect of a wastewater system that, when it deposits effluent via one or more final discharge points, deposits a deleterious substance prescribed in section 5 in any water or place referred to in subsection 36(3) of the Act and that
(a) is designed to collect an average daily volume of 100 m3 or more of influent; or
(b) during any calendar year, collects an average daily volume of 100 m3 or more of influent.
Marginal note:Annual exceptions
(2) Despite paragraph (1)(a), these Regulations do not, for the subsequent calendar year, apply in respect of a wastewater system referred to in that paragraph that, during a calendar year, collected an average daily volume of less than 100 m3 of influent.
Marginal note:Non‑application — areas
(3) These Regulations do not apply in respect of a wastewater system located
(a) in the Northwest Territories;
(b) in Nunavut; or
(c) north of the 54th parallel in Quebec or Newfoundland and Labrador.
Marginal note:Non‑application — industrial, commercial or institutional influent
(4) These Regulations do not apply in respect of a wastewater system that is located on the site of an industrial, commercial or institutional facility if the wastewater system is designed to collect influent whose volume consists of less than 50% blackwater and greywater combined.
Marginal note:Non‑application — pulp and paper mills
(5) These Regulations do not apply in respect of a mill as defined in section 2 of the Pulp and Paper Effluent Regulations.
Marginal note:Types of wastewater systems
3 For the purpose of these Regulations, there are two types of wastewater systems, as follows:
(a) an intermittent wastewater system, namely, one with a hydraulic retention time of at least 90 days that deposits effluent via its final discharge point during at most four periods per calendar year, each of which is separated from every other period by at least seven clear days during which no deposit occurs; and
(b) a continuous wastewater system, namely, any wastewater system other than an intermittent wastewater system.
Marginal note:Consolidated wastewater systems
4 (1) If an owner of at least two original wastewater systems — none of which treats its wastewater in a manner that would permit the deposit of effluent, via its final discharge points, that meets the condition set out in paragraph 6(1)(a) or (b) — plans to consolidate those original wastewater systems into a future consolidated wastewater system, the original wastewater systems that will be consolidated constitute a fictional consolidated wastewater system during the period beginning on the day on which a consolidation plan that meets the requirements of subsection (3) is received by an authorization officer and ending on the day on which the future consolidated wastewater system is put into service.
Marginal note:Final discharge point
(2) The final discharge point of the fictional consolidated wastewater system is considered to be the final discharge point of the original wastewater systems that is allocated the greatest number of points under the table to Schedule 2.
Marginal note:Consolidation plan
(3) The consolidation plan must contain a description of the modifications to be made to each of the original wastewater systems, including a description of the modifications to be made to their processes, so that the effluent deposited via the final discharge point of the future consolidated wastewater system will not be acutely lethal and will meet the conditions for authorization set out in subsection 6(1), along with a schedule for implementation of the plan.
PART 1Authorization to Deposit
Effluent Containing Deleterious Substances
Marginal note:Prescribed deleterious substances
5 For the purpose of the definition deleterious substance in subsection 34(1) of the Act, the following substances or classes of substances are prescribed as deleterious substances:
(a) carbonaceous biochemical oxygen demanding matter;
(b) suspended solids;
(c) total residual chlorine; and
(d) un-ionized ammonia.
Marginal note:Authorization to deposit
6 (1) For the purpose of paragraph 36(4)(b) of the Act, the owner or operator of a wastewater system may — during a given calendar year, quarter or month, as determined in accordance with subsection (2) — deposit or permit the deposit of effluent that contains any of the deleterious substances prescribed in section 5 of these Regulations via each of the system’s final discharge points in any water or place referred to in subsection 36(3) of the Act if the effluent is not acutely lethal as determined in accordance with section 15, the maximum concentration of un-ionized ammonia in the effluent is less than 1.25 mg/L, expressed as nitrogen (N), at 15˚C ± 1˚C, and — during the previous calendar year, previous quarter or previous month, as the case may be — the effluent met the following conditions:
(a) the average carbonaceous biochemical oxygen demand due to the quantity of CBOD matter in the effluent did not exceed 25 mg/L;
(b) the average concentration of suspended solids in the effluent did not exceed 25 mg/L; and
(c) the average concentration of total residual chlorine in the effluent did not exceed 0.02 mg/L, if chlorine, or one of its compounds, was used in the treatment of wastewater.
(d) [Repealed, SOR/2024-97, s. 4]
Marginal note:Averaging periods
(2) The maximum concentration and the averages referred to in subsection (1) must be determined on the following basis:
(a) each calendar year, if the average daily volume of effluent deposited via all of the final discharge points during the previous calendar year was
(i) less than or equal to 17 500 m3, for an intermittent wastewater system, and
(ii) less than or equal to 2 500 m3, for a continuous wastewater system with a hydraulic retention time of five or more days or for a continuous wastewater system that is the subject of a transitional authorization;
(b) each quarter, if the average daily volume of effluent deposited via all of the final discharge points during the previous calendar year was
(i) greater than 2 500 m3 and less than or equal to 17 500 m3, for a continuous wastewater system with a hydraulic retention time of five or more days, and
(ii) less than or equal to 17 500 m3, for any other continuous wastewater system; and
(c) each month, if the average daily volume of effluent deposited via all of the final discharge points during the previous calendar year was greater than 17 500 m3.
Marginal note:Determination of averages
(3) The averages referred to in paragraphs (1)(a) and (b) must be determined
(a) for an intermittent wastewater system, based on samples of effluent referred to in subsection 10(1) and, if applicable, subsection 10(2), in accordance with subsection 10(6); and
(b) for a continuous wastewater system, based on samples of effluent referred to in, as the case may be, subsection 10(3) or (4), in accordance with subsection 10(6).
Marginal note:Determinations for additional samples
(4) The determination of averages made in accordance with subsection (3) must take into account the results of the determination, by a laboratory referred to in section 16, of the elements referred to in subsection 10(6) for any sample in excess of the number of samples required by subsections 10(1) to (4).
Marginal note:Average of SS during certain months
(5) For an intermittent wastewater system or a continuous wastewater system with a hydraulic retention time of five or more days, the determination of the average referred to in paragraph (1)(b) is not to take into account the result of any determination of the concentration of suspended solids in a sample of effluent referred to in paragraph 10(6)(b) that was taken during any four months during the period beginning on May 1 and ending on November 30, if that result is greater than 25 mg/L and is caused by a bloom of algae or proliferation of aquatic invertebrates.
Marginal note:SS average deemed 0 mg/L
(6) If subsection (5) applies to every sample referred to in paragraph (3)(a) or (b) that is used to determine the average referred to in paragraph (1)(b), that average is deemed to be 0 mg/L.
Marginal note:Conditions
(7) The authorization granted to an owner or operator under subsection (1) is conditional on the owner or operator
(a) determining the average daily volume of effluent deposited annually via the final discharge point in accordance with section 7;
(b) for an intermittent wastewater system, either installing, maintaining and calibrating the monitoring equipment referred to in subparagraph 7(2)(a)(i) or establishing a method of estimation referred to in subparagraph 7(2)(a)(ii) and applying and updating it in accordance with subsection 7(4);
(c) for a continuous wastewater system, either installing, maintaining and calibrating the monitoring equipment referred to in subparagraph 7(2)(b)(i) or establishing a method of estimation referred to in subparagraph 7(2)(b)(ii) and applying and updating it in accordance with subsection 7(4);
(d) monitoring effluent in accordance with sections 10 and 11 and sending a monitoring report in accordance with section 19;
(e) keeping the record required under section 17;
(f) sending an identification report in accordance with section 18;
(g) sending the overflow report, if applicable, required under section 20 in accordance with subsections 19(4) and (5); and
(h) installing, operating and maintaining a dechlorination system – if chlorine, or one of its compounds, is being used in the treatment of wastewater – so that the concentration of total residual chlorine in a grab sample of effluent does not exceed 0.10 mg/L when measured using a total residual chlorine instrument or test in accordance with standards of good scientific practice that are generally accepted at the time of the sampling.
Volume of Effluent
Marginal note:Average daily volume deposited annually
7 (1) The owner or operator of a wastewater system must, for each calendar year, calculate the average daily volume of effluent deposited via all of the system’s final discharge points by
(a) determining, in accordance with subsection (2), for each day during that calendar year when effluent was deposited, the volume of effluent deposited via each of the final discharge points, expressed in m3;
(b) calculating the sum of the daily volumes of effluent of all of the discharge points referred to in paragraph (a); and
(c) dividing that sum by the number of days in that calendar year.
Marginal note:Daily volumes
(2) The volume of effluent during each day referred to in paragraph (1)(a) must be determined
(a) for an intermittent wastewater system,
(i) by using monitoring equipment referred to in section 9 that provides
(A) a continuous measure of the volume of influent, or effluent deposited via the final discharge point, during that day, or
(B) a measure of the rate of flow of the influent or that effluent upon which that daily volume may be estimated, or
(ii) by using a method of estimation in accordance with subsection (4);
(b) for a continuous wastewater system,
(i) by using monitoring equipment referred to in section 9 that provides
(A) a continuous measure of the volume of influent, or effluent deposited via the final discharge point, during that day, if the average daily volume of effluent deposited via all final discharge points during the previous calendar year was more than 2 500 m3, or
(B) a continuous measure of the volume of influent or effluent deposited over this day, or a measure of the rate of flow of that influent or effluent, that allows for the daily volume of effluent to be estimated, if the average daily volume of effluent deposited via all final discharge points during the previous calendar year was 2 500 m3 or less, or
(ii) by using a method of estimation in accordance with subsection (4) if
(A) a transitional authorization has been issued under subsection 26(1) in respect of the continuous wastewater system, and
(B) the average daily volume of effluent deposited via all final discharge points during the previous calendar year was less than 2 500 m3.
Marginal note:Daily volume estimate — rate of flow
(3) For the purpose of paragraph (1)(a), if the owner or operator estimates the daily volume of effluent deposited via the final discharge point based on the measured rate of flow referred to in clause (2)(a)(i)(B) or (b)(i)(B), the estimation is to be done as follows:
(a) measure the rate of flow of influent, or effluent deposited via the final discharge point, in any chosen unit of volume for any chosen unit of time; and
(b) calculate that volume based on that rate of flow for the duration of the deposits of effluent made on that day and, if applicable, convert it to m3.
Marginal note:Method of estimation
(4) The owner or operator of a wastewater system who has established a method of estimation of the volume of effluent must ensure that it is based on generally accepted engineering practices and use it to estimate the daily volume of effluent deposited via the final discharge point with a margin of error of ±15%.
Marginal note:Default measurement
8 (1) If the average daily volume of effluent deposited via the final discharge point of a wastewater system for a previous calendar year cannot be determined under paragraph 7(2)(a) or (b), as the case may be, that average daily volume must be determined on the basis of the system’s average design rate of flow of influent.
Marginal note:One-time use of default measurement
(2) If subsection (1) has been applied in respect of a wastewater system for a calendar year, it is not to be applied in respect of the wastewater system for any subsequent calendar year.
Monitoring
Monitoring Equipment
Marginal note:Requirements
9 (1) The owner or operator of a wastewater system must install monitoring equipment that provides a continuous measure of the daily volume or of the rate of flow of the influent or effluent.
Marginal note:Maintenance
(2) The owner or operator must maintain the monitoring equipment so that it may be used to determine the volume of effluent deposited via the final discharge point.
Marginal note:Calibration
(3) The owner or operator must calibrate the monitoring equipment in accordance with the recommendations of the manufacturer or licensed professional or, in the absence of such recommendations, must calibrate the equipment at least once in every calendar year and at least five months after the most recent calibration.
Marginal note:Accuracy
(4) The monitoring equipment must determine the volume or rate of flow with a margin of error of ±15%.
Composition of the Effluent
Marginal note:Taking of samples — intermittent wastewater system
10 (1) The owner or operator of an intermittent wastewater system must, during each period referred to in paragraph 3(a), take at each of the system’s final discharge points a grab or composite sample of effluent at the following minimum frequencies:
(a) if the period is more than 30 days, every two weeks, at least seven days after the previous sample; and
(b) if the period is 30 days or less, once.
Marginal note:Taking of samples prior to deposit
(2) Despite subsection (1), if a grab or composite sample of effluent has been collected at a sampling location referred to in subsection (5) within two weeks of the period referred to in paragraph 3(a) for the government of the province where the wastewater system is located or under an Act of Parliament, and if the determinations referred to in subsection (6) and, if applicable, paragraph 38(b) were made, the owner or operator of a system is not required to take a sample during the first 30 days of deposit and may use the results of the determinations made on the sample of effluent collected prior to deposit.
Marginal note:Taking of samples — continuous wastewater system
(3) The owner or operator of a continuous wastewater system must take at each of the system’s final discharge points, during each calendar year, a sample of effluent of the type set out in column 2 of the table to this subsection that corresponds to the average daily volume of effluent set out in column 1 that is deposited via all final discharge points during the previous calendar year and must do so at the frequency set out in column 3.
TABLE
Item Column 1 Column 2 Column 3 Average Daily Volume, Deposited (m3) Type of Sample To Be Taken Minimum Sampling Frequency 1 ≤ 2 500 Grab or composite Monthly, with each sample taken at least 10 days after any previous sample 2 > 2 500 and ≤ 17 500 Composite Every two weeks, but at least seven days after any previous sample 3 > 17 500 and ≤ 50 000 Composite Weekly, with each sample taken at least five days after any previous sample 4 > 50 000 Composite Three days per week, with each sample taken at least one day after any previous sample Marginal note:Sampling and frequency — exception
(4) Despite subsection (3), the owner or operator of a continuous wastewater system with a hydraulic retention time of five or more days, or of a continuous wastewater system that is the subject of a transitional authorization, may
(a) take a grab or composite sample at each of the system’s final discharge points; and
(b) reduce the minimum sampling frequency to quarterly, with each sample taken at least 60 days after the previous sample, if the system deposited via all of its final discharge points an average daily volume of less than or equal to 2 500 m3 of effluent during the previous calendar year.
Marginal note:Taking of samples — other sampling location
(5) Despite subsections (1) and (4), the owner or operator of an intermittent wastewater system, or of a continuous wastewater system with a hydraulic retention time of five or more days, may take a grab or composite sample of effluent at a sampling location other than the final discharge point if the sampling location yields a representative sample as if the sample had been collected at the final discharge point and if the sampling location and sampling procedure are determined by a licensed professional.
Marginal note:Determination — certain deleterious substances
(6) The owner or operator must, for each sample referred to in subsection (1) to (4), determine or cause the determination of the following elements:
(a) the carbonaceous biochemical oxygen demand due to the quantity of CBOD matter in the effluent, in accordance with section 12; and
(b) the concentration of suspended solids in the effluent, in accordance with section 13.
Acute Lethality Testing
Marginal note:Taking of samples — intermittent wastewater system
11 (1) The owner or operator of an intermittent wastewater system must take at each of the system’s final discharge points, for each period referred to in paragraph 3(a) during each calendar year, a grab sample of effluent on the day a deposit begins if the average daily volume of effluent deposited via all of the final discharge points during the previous calendar year was more than 2 500 m3.
Marginal note:Taking of samples — continuous wastewater system
(2) The owner or operator of a continuous wastewater system must take at each of the system’s final discharge points, during each calendar year, a grab sample of effluent at the minimum sampling frequency set out in column 2 of the table to this subsection that corresponds to the average daily volume of effluent set out in column 1 deposited via all of the system’s final discharge points during the previous calendar year.
TABLE
Item Column 1 Column 2 Average Daily Volume Deposited (m3) Minimum Sampling Frequency 1 > 2 500 and ≤ 50 000 Quarterly, with each sample taken at least 60 days after any previous sample 2 > 50 000 Monthly, with each sample taken at least 21 days after any previous sample Marginal note:Acute lethality
(3) For each sample taken under subsection (1) or (2), the owner or operator must determine or cause the determination of whether it is acutely lethal in accordance with section 15.
Marginal note:Additional tests
(4) If a sample is determined to be acutely lethal, the owner or operator must take a grab sample without delay, and then subsequently once every two weeks, but at least seven days after the previous sample, and determine or cause the determination of whether it is acutely lethal in accordance with section 15.
Marginal note:Consecutive samples — not acutely lethal
(5) If three consecutive samples taken in accordance with subsection (4) are determined not to be acutely lethal, subsections (1) to (3) apply to subsequent samples.
Marginal note:Subsequent samples
(6) For greater certainty, subsection (4) applies to any subsequent sample referred to in subsection (5) that is determined to be acutely lethal when tested under subsection (3).
Marginal note:Change in sampling frequency
(7) The minimum sampling frequency set out in column 2 of the table to subsection (2) is reduced
(a) for item 1, to yearly, but at least six months after any other sample, if samples were taken under subsection (2) for each of four consecutive quarters and those samples were tested under subsection (3) and determined not to be acutely lethal; and
(b) for item 2, to quarterly, but at least 60 days after any other sample, if samples were taken under subsection (2) for each of 12 consecutive months and those samples were tested under subsection (3) and determined not to be acutely lethal.
Test Methods
Marginal note:CBOD matter
12 The demand due to the quantity of carbonaceous biochemical oxygen demanding matter in the effluent must be determined in accordance with a five-day biochemical oxygen demand test with nitrification inhibition.
Marginal note:Suspended solids
13 The concentration of suspended solids in the effluent must be determined in accordance with a total suspended solids test.
Marginal note:Un-ionized ammonia
14 (1) The concentration of un-ionized ammonia in the effluent must be determined in accordance with the following formula:
total ammonia × 1 ÷ (1 +109.56 – pH)
where
- total ammonia
- is the concentration of total ammonia determined in accordance with subsection (2), expressed in mg/L as nitrogen (N); and
- pH
- is the pH of the effluent adjusted to 15°C ± 1°C and determined in accordance with subsection (3).
Marginal note:Concentration of total ammonia
(2) The concentration of total ammonia in the effluent must be determined by using an aliquot of the same sample of effluent from which the pH of the effluent was determined and testing it in accordance with a total ammonia test.
Marginal note:pH
(3) The pH of the effluent must be determined by using an aliquot of the same sample of effluent from which the concentration of total ammonia of the effluent was determined and testing it in accordance with a pH test.
Marginal note:Acute lethality
15 The acute lethality of the effluent must be determined in accordance with
(a) Reference Method EPS 1/RM/13 using the procedure set out in section 5 or 6 of that Method; or
(b) paragraph (a) using the Procedure for pH Stabilization EPS 1/RM/50.
Accredited Laboratory
Marginal note:Accredited laboratory
16 Any determination referred to in subsection 10(6) or 11(3) or (4) or paragraph 34(1)(a) or (b) or subsection 34(4) and any other determination necessary to make any of those determinations — other than the determination of the pH of water necessary to make the determination referred to in subsection 34(3) — must be performed by a laboratory that meets the following conditions at the time of the determination:
(a) the laboratory is accredited
(i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or
(ii) under the Environment Quality Act, CQLR, c. Q-2; and
(b) the scope of the accreditation of the laboratory includes the parameters that are determined.
Record Keeping
Marginal note:Information to be recorded
17 The owner or operator of a wastewater system must keep the report on each determination made by an accredited laboratory referred to in section 16 and a record that contains the following information:
(a) for any final discharge point,
(i) the date of each day on which effluent was not deposited via the final discharge point,
(ii) the date of each day on which effluent was deposited via the final discharge point, and
(iii) for each of the days referred to in subparagraph (ii)
(A) for a wastewater system whose daily volume of effluent referred to in paragraph 7(1)(a) was determined using monitoring equipment referred to in section 9
(I) the daily volume of the effluent, expressed in m3, if that volume is yielded by a continuous measure, and
(II) the estimated daily volume, expressed in m3, as determined in accordance with subsection 7(3) and the results of the measurement and the calculation referred to in paragraphs 7(3)(a) and (b), in any other case, and
(B) for a wastewater system whose daily volume of effluent referred to in paragraph 7(1)(a) was determined using a method of estimation in accordance with subsection 7(4), the estimated daily volume, expressed in m3 and the method of estimation that was used, and
(iv) the average daily volume of effluent deposited annually, expressed in m3, determined in accordance with subsection 8(1), if applicable;
(b) for each combined sewer overflow point via which effluent is deposited because of precipitation, including the melting of snow or ice, that resulted in excess wastewater in the wastewater system,
(i) the date of each day on which effluent was deposited via the overflow point,
(ii) for each of those days, the duration or estimated duration, expressed in hours, of the deposit, along with an indication of whether it is the duration or an estimated duration and
(A) the daily volume of the effluent deposited, expressed in m3, if that volume is yielded by a continuous measure, and
(B) the estimated daily volume of the effluent deposited, expressed in m3, in any other case,
(iii) the volume or estimated volume, expressed in m3, of effluent for each month during which effluent was deposited via the overflow point, and
(iv) the number of days in each of those months during which effluent was deposited via the overflow point;
(c) for any monitoring equipment referred to in section 9,
(i) a description, including its type,
(ii) if applicable, the manufacturer’s specifications, the year of manufacture and the model number,
(iii) each date on which the equipment was calibrated and its degree of accuracy after each calibration,
(iv) the date on which the equipment was installed and, if applicable, the date on which it ceased to be used for monitoring and on which it was replaced,
(v) the manufacturer’s recommendations for its operation, maintenance and calibration, with supporting documents if they are available, and
(vi) a document setting out the calibration procedure that is prepared, signed and certified by a licensed professional, if the monitoring equipment is calibrated in accordance with the recommendations of the licensed professional;
(d) for each sample referred to in subsection 10(1) to (4), as the case may be, and, if applicable, subsection 6(4),
(i) the results of the determinations referred to in subsection 10(6),
(ii) a statement as to whether the sample is a grab sample or a composite sample and the date on which the sample was taken,
(iii) a document setting out the sampling location and sampling procedure that is signed and certified by the licensed professional, if the sample is taken at a sampling location other than the final discharge point, and
(iv) a statement as to whether the result of the determination of the concentration of suspended solids was not taken into account in the average referred to in paragraph 6(1)(b), in accordance with subsection 6(5);
(e) for any dechlorination system referred to in paragraph 6(7)(h),
(i) a description of the system, including the manufacturer’s specifications, the year of manufacture and the model number, if any, and
(ii) any results of the determination of the concentration of total residual chlorine in the effluent and a description of how that determination was made;
(f) for each sample referred to in section 11 whose acute lethality was determined in accordance with section 15, the information referred to in section 8 of Reference Method EPS 1/RM/13 and, if the acute lethality of the effluent was determined in accordance with that method used with the Procedure for pH Stabilization EPS 1/RM/50, section 3 of that procedure;
(g) if the owner or operator holds of a temporary authorization issued under subsection 36(1),
(i) for each sample referred to in paragraph (d),
(A) the result of the determination referred to in paragraph 38(b),
(B) the results of the determination of the concentration of total ammonia in the effluent and of the pH of the effluent referred to in subsections 14(2) and (3), respectively, that were used to make the determination referred to in clause (A),
(C) a statement as to whether the sample is a grab sample or a composite sample and the date on which the sample was taken, and
(ii) the result of the determination referred to in paragraph 38(c) for each August and a description of how that determination was made.
Reporting
Identification Report
Marginal note:Required information
18 (1) The owner or operator of a wastewater system must send to the authorization officer an identification report that contains the following information:
(a) the owner’s and the operator’s name, civic and postal addresses, telephone number and, if any, email address and fax number;
(b) the name, title, civic and postal addresses, telephone number and, if any, email address and fax number, of a contact person;
(c) if any, the wastewater system’s name and civic address;
(d) with respect to the wastewater system:
(i) a statement indicating whether it is an intermittent or continuous wastewater system,
(ii) for a continuous wastewater system, a statement indicating whether its hydraulic retention time is five days or more,
(iii) a statement indicating whether the system is owned or operated, or both, by one or several of the following:
(A) His Majesty in right of Canada or another federal body,
(B) His Majesty in right of a province or another provincial body,
(C) a municipality or another local authority,
(D) an Indigenous governing body, or
(E) an entity other than one referred to in clauses (A) to (D),
(iv) a description of the type of wastewater treatment used, if any, and
(v) if chlorine or one of its compounds is used, a statement indicating whether a dechlorination system that meets the requirements of paragraph 6(7)(h) is in use;
(e) the latitude and longitude of the final discharge point;
(f) for a point of entry in relation to the final discharge point,
(i) its latitude and longitude,
(ii) a description of the water frequented by fish into which effluent is deposited, including
(A) a description of its use, if any, and
(B) its name, if any, and the name, if any, of the body of water that includes that water, and
(iii) a statement as to whether the effluent is deposited in water frequented by fish via the final discharge point or from a place where it was deposited via the final discharge point;
(g) the number of overflow points for each of the combined sewers and sanitary sewers of the wastewater system and the latitude and longitude of each of those overflow points;
(h) for a point of entry in relation to each overflow point, a description of the water frequented by fish into which effluent is deposited, including
(i) a description of its use, if any, and
(ii) its name, if any, and the name, if any, of the body of water that includes that water; and
(i) for the calendar year before the calendar year in which the identification report is sent, the average daily volume, expressed in m3, of effluent deposited via all of the wastewater system’s final discharge points — calculated in accordance with subsection 7(1) or by using another method based on measurements or, if not so calculated, determined on the basis of the system’s average design rate of flow of influent — and a statement of the method of calculation or determination used and, in the case of a method of calculation based on measurements, a brief description of that method.
Marginal note:Required information — fictional consolidated wastewater system
(2) Despite subsection (1), the owner or operator of a fictional consolidated wastewater system must send an identification report, for each of the original wastewater systems that constitute the fictional system, containing a statement as to whether the final discharge point of that original wastewater system is, in accordance with subsection 4(2), considered to be the final discharge point of the fictional consolidated wastewater system.
Marginal note:Latitude and longitude
(3) The latitude and longitude of a point referred to in paragraph (1)(e), subparagraph (1)(f)(i) and paragraph (1)(g) are to be expressed in decimal degrees to four decimal places rounded to the nearest ten-thousandth of a degree and, if the latitude or longitude is equidistant between two ten-thousandths of a degree, to the higher of them.
Marginal note:Electronic report
(4) The identification report must be sent electronically, within 45 days after the day on which the wastewater system is put into service, in the form and format specified by the Minister of the Environment and must bear the electronic signature of the owner or operator or their authorized representative.
Marginal note:Paper report
(5) If the Minister of the Environment has not specified an electronic form and format or if it is not feasible to send the report electronically in accordance with subsection (4) because of circumstances beyond the control of the owner or operator, the report must be sent on paper, signed by the owner or operator, or their authorized representative, and in the form and format specified by the Minister of the Environment, if applicable.
Marginal note:Change of information
(6) If the information provided in the identification report changes, the owner or operator or authorized representative must update the identification report no later than 45 days after the day on which the change is made.
Marginal note:Decommissioning
(7) An owner or operator of a wastewater system must, at least 45 days before the planned decommissioning of the wastewater system, send a notice to the authorization officer setting out the planned date of the decommissioning and information specifying the place, including the civic address, if any, of that place, where the identification report is to be kept.
Monitoring Report and Notice
- SOR/2024-97, s. 14
Marginal note:Information
19 (1) The owner or operator of a wastewater system must send, within 45 days after the end of the period referred to in subsection (2), to the authorization officer, for each final discharge point, a monitoring report containing the following information:
(a) if applicable, a statement that indicates that effluent was not deposited during that period; and
(b) in any other case,
(i) if applicable, a statement that indicates any month in that period during which effluent was not deposited,
(ii) the number of days during which effluent was deposited,
(iii) the volume of effluent that was deposited, expressed in m3, determined in accordance with subsection 7(1),
(iv) the average carbonaceous biochemical oxygen demand due to the quantity of CBOD matter in the effluent,
(v) the average concentration of suspended solids in the effluent and a statement as to whether, in accordance with subsection 6(5), the determination of the average concentration referred to in paragraph 6(1)(b) did not take into account the result of any concentration of suspended solids greater than 25 mg/L,
(vi) [Repealed, SOR/2024-97, s. 15]
(vii) if the owner or operator holds a temporary authorization issued under subsection 36(1),
(A) the result of each determination referred to in clause 17(g)(i)(A) and the date on which the sample used to make that determination was taken, and
(B) if the period includes an August, the result of the determination referred to in subparagraph 17(g)(ii) for that August, and
(viii) for each sample for which a determination of acute lethality was made in accordance with section 15, a statement that indicates
(A) the date on which the sample was taken,
(B) each procedure referred to in section 15 that was used to determine the sample’s acute lethality, and
(C) whether the sample was acutely lethal or not.
Marginal note:Period
(2) For the purpose of subsection (1), the period is
(a) a calendar year, if the wastewater system deposited an average daily volume of effluent via all of the final discharge points during the previous calendar year in respect of that calendar year of
(i) less than or equal to 17 500 m3, for an intermittent wastewater system, or
(ii) less than or equal to 2 500 m3, for a continuous wastewater system with a hydraulic retention time of five or more days or for a continuous wastewater system that is the subject of a transitional authorization; and
(b) a quarter, in any other case.
Marginal note:Period for which information reported
(3) The information referred to in subsection (1) is to be reported
(a) for the period referred to in subsection (2), if that period is a calendar year or a quarter; and
(b) for each month during that period, if that period is a quarter and the average daily volume of effluent deposited via all of the final discharge points during the previous calendar year in respect of that quarter was greater than 17 500 m3.
Marginal note:Electronic report
(4) The report must be sent electronically in the form and format specified by the Minister of the Environment and must bear the electronic signature of the owner or operator or their authorized representative.
Marginal note:Paper report
(5) If the Minister of the Environment has not specified an electronic form and format or if it is not feasible to send the report electronically in accordance with subsection (4) because of circumstances beyond the control of the owner or operator, the report must be sent on paper, signed by the owner or operator or their authorized representative, and in the form and format specified by the Minister of the Environment, if applicable.
Marginal note:Notice
19.1 The owner or operator of a wastewater system must notify an inspector, fishery officer, or authority prescribed by any regulations made under the Act without delay if a test carried out on a sample of effluent indicates that
(a) the concentration of total residual chlorine in the effluent exceeds the maximum concentration set out in paragraph 6(7)(h);
(b) the concentration of un-ionized ammonia in the effluent, as determined in accordance with section 14, exceeds the limit set out in subsection 6(1); or
(c) the effluent is acutely lethal, as determined in accordance with section 15.
Combined Sewer Overflow Report
Marginal note:Information
20 The owner or operator of a wastewater system that includes at least one combined sewer overflow point must, in accordance with subsections 19(4) and (5), send to the authorization officer a combined sewer overflow report in respect of each calendar year by February 15 of the following calendar year and the report must contain the following information:
(a) for each month of the calendar year during which effluent was deposited via a combined sewer overflow point, the information referred to in subparagraphs 17(b)(iii) and (iv); and
(b) for each month of the calendar year during which effluent was not deposited via a combined sewer overflow point, a statement indicating that no effluent was deposited via an overflow point during the month.
Record Making and Retention of Documents
Marginal note:When records made
21 Records must be made without delay after the information to be recorded becomes available.
Marginal note:Retention of records
22 (1) An owner or operator of a wastewater system must keep a report referred to in section 17, as well as a record and a copy of a report required to be sent under these Regulations — along with any supporting documents — for at least five years after the day on which the record or report, as the case may be, was made.
Marginal note:Place of retention
(2) The report referred to in section 17, the record and the copy must be kept at the wastewater system or at any other place in Canada where it can be inspected. If that report, record or copy is kept at one of those other places, the owner or operator must provide the authorization officer with information specifying that other place, including its civic address, if any.
Marginal note:Information on monitoring equipment and identification report
(3) Despite subsection (1), the information referred to in paragraph 17(c) must be kept for at least five years after the day on which the monitoring equipment ceased to be used, and the identification report, as it may be updated from time to time, referred to in section 18 must be kept for at least five years after the wastewater system is decommissioned.
PART 2Transitional and Temporary Authorizations to Deposit
Purpose
Marginal note:Paragraph 36(4)(b) of the Act
23 (1) For the purposes of paragraph 36(4)(b) of the Act, an owner or operator of a wastewater system may deposit or permit the deposit of effluent that contains any of the deleterious substances prescribed in section 5 of these Regulations via one or more final discharge points or overflow points in any water or place referred to in subsection 36(3) of the Act, if the deposit is made in accordance with an authorization issued under this Part.
Definition of deposit
(2) For the purposes of sections 24 to 49, deposit, in relation to effluent, includes to permit the deposit of the effluent.
Transitional Authorization
Requirements and Duration
Marginal note:Transitional authorization — eligibility
24 (1) The owner or operator of a wastewater system may apply to an authorization officer for a transitional authorization to deposit, via a final discharge point, effluent that contains any of the deleterious substances prescribed in section 5, if the respective averages of the substances prescribed in paragraphs 5(a) and (b), determined in accordance with subsection (1.1), exceed 25 mg/L.
Marginal note:Transitional authorization – average concentrations
(1.1) The owner or operator of a wastewater system must determine the averages referred to in subsection (1) by averaging, for each substance, the concentrations reported under subparagraphs 19(1)(b)(iv) and (v)
(a) if the applicable reporting period under subsection 19(2) is a calendar year,
(i) in the first completed monitoring report sent in accordance with subsection 19(1) and in which a deposit is reported; or
(ii) in the second monitoring report in which a deposit is reported, if completed and sent consecutively to the first report;
(b) if the applicable reporting period under subsection 19(2) is a quarter, in four consecutive monitoring reports of the first four to eight completed and consecutive monitoring reports sent in accordance with subsection 19(1).
Marginal note:Transitional authorization issued in 2014
(1.2) An owner or operator of a wastewater system to whom a transitional authorization was issued in 2014 under section 26, as it read before the day on which this subsection comes into force, is not permitted to reapply for a transitional authorization.
Marginal note:Transitional authorization issued in 2014 – requirements
(1.3) Sections 24 to 26, 28 and 30, as they read before the day on which this subsection comes into force, continue to apply with respect to any authorization referred to in subsection (1.2).
Marginal note:Duration of authorization — point system in Schedules 2 and 3
(2) The duration, set out in subsection 26(2), of a transitional authorization is based on the system for the allocation of points related to the final discharge point set out in the table to Schedule 2 and, if applicable, related to the system’s combined sewer overflow points set out in Schedule 3.
Application
Marginal note:Required information
25 (1) An application for a transitional authorization in respect of a wastewater system must contain the following information:
(a) the owner’s and the operator’s name, civic and postal addresses, telephone number and, if any, email address and fax number;
(b) the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of a contact person;
(c) if any, the wastewater system’s name and civic address;
(d) the period of 12 consecutive months referred to in subsection 24(1) upon which the application is based;
(e) information that establishes that at the time of the application
(i) half or more of the monitoring reports sent in respect of the two most recent calendar years during which a deposit occurred indicate that one of the conditions set out in paragraphs 6(1)(a) and (b) was not met,
(ii) the condition was not met because of the design characteristics of the wastewater system,
(iii) it was not technically or economically feasible before the time of the application to have modified the wastewater system, including its processes, in order to meet that condition, and
(iv) the requirement set out in section 24 is met;
(f) a plan for the modifications to be made to the wastewater system, including a description of the modifications to be made to its processes, so that the effluent deposited via its final discharge point is not acutely lethal and meets the conditions for authorization set out in paragraphs 6(1)(a) and (b), along with a schedule for implementation of the plan;
(g) the latitude and longitude of the final discharge point expressed in decimal degrees in accordance with subsection 18(3);
(h) the number of points allocated under the table to Schedule 2;
(i) a statement as to which of the waters set out in paragraphs 5(a) to (g), column 2, of the table to Schedule 2 describes the water where the effluent is deposited, or may enter from the place where the effluent is deposited, via the final discharge point and, among the points set out in column 3 for those waters, the highest number of points;
(j) the average daily volume of effluent deposited via the final discharge point, as determined in accordance with section 7, for the period of 12 consecutive months referred to in subsection 24(1) upon which the application is based, and the number of points set out in item 1, column 3, of the table to Schedule 2 that applies to that volume based on the ranges of volume set out in column 2;
(k) the averages referred to in paragraphs 6(1)(a) and (b) on which the application is based, as determined in accordance with subsection 24(1.1);
(l) the number of points determined in accordance with the formula set out in item 2, column 2, of the table to Schedule 2 when using in that formula the averages set out in paragraph (k);
(m) [Repealed, SOR/2024-97, s. 19]
(n) where chlorine, or one of its compounds, was used in the treatment of wastewater in the wastewater system, the number of points set out in item 3, column 3, of the table to Schedule 2 if
(i) the average concentration of total residual chlorine in the effluent deposited via the final discharge point — for the period of 12 consecutive months referred to in subsection 24(1) upon which the application is based — exceeded 0.02 mg/L, or
(ii) the wastewater system’s effluent is not dechlorinated before it is deposited via the final discharge point;
(o) the maximum concentration of un-ionized ammonia in the effluent, expressed in mg/L as nitrogen (N), at 15°C ± 1°C, over the earliest period of 12 consecutive months since the coming into force of these Regulations, when
(i) for a continuous wastewater system, at least four samples have been collected, each at least 60 days after the previous sample was taken, and the concentrations determined in accordance with section 14, and
(ii) for an intermittent wastewater system, at least one sample has been collected during each period referred to in paragraph 3(a) and the concentration determined in accordance with section 14;
(p) if the maximum concentration referred to in paragraph (o) is greater than or equal to 1.25 mg/L, expressed as nitrogen (N), at 15°C ± 1°C, the number of points set out in item 4, column 3, of the table to Schedule 2;
(q) if the duration of the transitional authorization sought in the application relies on an allocation of points under Schedule 3, in addition to points allocated under the table to Schedule 2, for any combined sewer overflow point that is, under Schedule 3, allocated a number of points greater than or equal to the number of points allocated under the table to Schedule 2 to the final discharge point
(i) the percentage referred to in item 1, column 1, of Schedule 3 that is described in whichever of paragraphs 1(a) to (d), column 2, of that Schedule that applies,
(ii) the number of deposits referred to in item 2, column 1, of Schedule 3 that are described in whichever of paragraphs 2(a) to (d), column 2, of that Schedule that applies, for the period of 12 consecutive months referred to in subsection 24(1) upon which the application is based,
(iii) a statement as to which of the waters set out in paragraphs 3(a) to (c), column 2, of Schedule 3 describes the water where the effluent is deposited, or may enter from the place where the effluent is deposited, via that combined sewer overflow point, and
(iv) the number of points set out in column 3 of Schedule 3 for the applicable paragraph set out in column 2 of that Schedule as determined for the purposes of subparagraphs (i) and (ii) and the number of those points that applies for each statement referred to in subparagraph (iii);
(r) the information set out in paragraph 18(1)(g) for the combined sewer overflow point referred to in paragraph (q);
(s) for an application referred to in paragraph (q), a plan that describes the modifications to be made to the wastewater system, and any other measure to be taken, to reduce, after the expiry of the period for which the transitional authorization is sought, the quantity of deleterious substances prescribed in section 5 in the effluent deposited via overflow points of a combined sewer and a schedule for implementation of the plan; and
(t) a statement signed and dated by the owner or operator or their authorized representative that certifies that information provided in the application is true, accurate and complete
(i) in the case of information that was prepared by the owner or operator, to the best of the owner’s or operator’s information and belief, and
(ii) in the case of information that was prepared by other persons with sufficient knowledge to evaluate that information, to the best of the owner’s or operator’s information and belief, based on representations made to them by those persons.
Marginal note:Required information — fictional consolidated wastewater system
(2) Despite subsection (1), an application for a transitional authorization made by an owner or operator of a fictional consolidated wastewater system referred to in section 4 must contain the latitude and longitude of the final discharge point considered in accordance with subsection 4(2) and a copy of the consolidation plan referred to in subsection 4(3) instead of the plan referred to in paragraph (1)(f).
Conditions of Issuance
Marginal note:Required information
26 (1) Subject to subsection (3), the authorization officer must issue the transitional authorization if
(a) the application contains the information required by subsection 25(1) or (2), as the case may be;
(b) the information referred to in paragraph 25(1)(e) can reasonably be regarded as establishing that at the time of the application
(i) half or more of the monitoring reports sent in respect of the two most recent calendar years during which a deposit occurred indicate that one of the conditions set out in paragraphs 6(1)(a) and (b) was not met,
(ii) that condition was not met because of the design of the wastewater system,
(iii) it was not technically or economically feasible before the time of the application to have modified the wastewater system, including its processes, in order to meet that condition, and
(iv) the requirement set out in section 24 is met; and
(c) the schedule to implement the plan referred to in paragraph 25(1)(f) or subsection 4(1), and, if applicable, paragraph 25(1)(s) can reasonably be regarded as feasible for the purpose of meeting the requirements referred to in paragraph 25(1)(f) or subsection 4(3) and, if applicable, achieve the reduction referred to in paragraph 25(1)(s).
Marginal note:Duration of transitional authorization
(2) The transitional authorization must be issued for the following period:
(a) the period beginning on the day on which the transitional authorization is issued and ending on December 31, 2030, if the final discharge point is, under the table to Schedule 2, allocated 50 or more points but less than 70 points and, in the case of a wastewater system that has combined sewer overflow points for which points are allocated under Schedule 3, each combined sewer overflow point of the wastewater system is allocated fewer points than the number of points allocated under the table to Schedule 2 to the final discharge point; and
(b) [Repealed, SOR/2024-97, s. 20]
(c) the period beginning on the day on which the transitional authorization is issued and ending on December 31, 2040,
(i) if the final discharge point is, under the table to Schedule 2, allocated less than 50 points, or
(ii) if the final discharge point is, under the table to Schedule 2, allocated 50 or more points and the wastewater system has combined sewer overflow points for which points are allocated under Schedule 3, there is at least one combined sewer overflow point that is, under Schedule 3, allocated a number of points that is greater than or equal to the number of points allocated under the table to Schedule 2 to the final discharge point.
Marginal note:Refusal
(3) The authorization officer must refuse to issue the transitional authorization if they have reasonable grounds to believe that the information contained in, or provided in support of, the application is false or misleading in a material respect.
Marginal note:Condition of issuance — exception
(4) The authorization officer must refuse to issue the transitional authorization if the final discharge point is, under the table to Schedule 2, allocated 70 or more points and, in the case of a wastewater system that has combined sewer overflow points for which points are allocated under Schedule 3, each combined sewer overflow point of the wastewater system is allocated fewer points than the number of points allocated to the final discharge point under Schedule 2.
27 [Repealed, SOR/2024-97, s. 21]
Conditions on Transitional Authorizations
Marginal note:Authorized deposits — transitional authorization
28 (1) A holder of a transitional authorization in respect of a wastewater system is authorized — during a given calendar year, quarter or month, determined in accordance with subsection 6(2), in the period of authorization — to deposit effluent that contains any of the deleterious substances prescribed in section 5 via the final discharge point if — during the previous calendar year, previous quarter or previous month — the effluent met the following conditions:
(a) the average carbonaceous biochemical oxygen demand due to the quantity of CBOD matter in the effluent referred to in paragraph 6(1)(a), determined in accordance with subsections 6(2) and (3), did not exceed
(i) 1.25 times the average determined for the carbonaceous biochemical oxygen demand due to the quantity of CBOD matter referred to in paragraph 25(1)(k), if the product of that multiplication is greater than 25 mg/L, and
(ii) 25 mg/L, in any other case;
(b) the average concentration of suspended solids in the effluent referred to in paragraph 6(1)(b), determined in accordance with subsections 6(2) and (3), did not exceed
(i) 1.25 times the average concentration of suspended solids referred to in paragraph 25(1)(k), if the product of that multiplication is greater than 25 mg/L, and
(ii) 25 mg/L, in any other case;
(c) the average concentration of total residual chlorine in the effluent referred to in paragraph 6(1)(c) did not exceed 0.02 mg/L, if chlorine, or one of its compounds, was used in the treatment of wastewater; and
(d) the maximum concentration of un-ionized ammonia in the effluent referred to in subsection 6(1) was less than
(i) 1.25 times the maximum concentration referred to in paragraph 25(1)(o), if the product of that multiplication is greater than or equal to 1.25 mg/L, expressed as nitrogen (N), at 15°C ± 1°C, and
(ii) 1.25 mg/L, expressed as nitrogen (N), at 15°C ± 1°C, in any other case.
Marginal note:Authorized deposits — fictional consolidated wastewater system
(2) A holder of a transitional authorization in respect of a fictional consolidated wastewater system referred to in section 4 is also authorized, during the given calendar year, quarter or month referred to in subsection (1), to deposit effluent that contains any of the deleterious substances prescribed in section 5 via the final discharge point of each of the original wastewater systems that constitute the fictional consolidated wastewater system if the effluent deposited via the final discharge point of each of those original wastewater systems — during the previous calendar year, previous quarter or previous month — met the conditions set out in subsection (1).
Compliance Obligations
Marginal note:General requirements
29 (1) A holder of a transitional authorization in respect of a wastewater system must, during the period of authorization,
(a) comply with sections 7 to 10, 12 to 14, 16 to 22 and 48; and
(b) implement the plan referred to in subsection 4(1) or paragraphs 25(1)(f) or (s) or, if applicable, the amended plan referred to in subsection (3) — in accordance with its schedule for implementation.
Marginal note:Progress reports
(2) The holder of a transitional authorization must, within 90 days before the following dates, send to the authorization officer a progress report on the steps taken to implement the plan referred to in subsection 4(1) or paragraph 25(1)(f) or (s), as the case may be:
(a) July 1 of 2026, 2028 and 2030, if the period of authorization ends on December 31, 2030; and
(b) July 1 of 2026, 2028, 2030, 2032, 2034, 2036, 2038 and 2040, if the period of authorization ends on December 31, 2040.
Marginal note:Compliance obligations – amended plan
(3) The progress report must include amendments to the plan referred to in subsection 4(1) or paragraph 25(1)(f) or (s), as the case may be, along with a schedule to implement the plan.
Scope of Transitional Authorization and Revocation
Marginal note:Content of transitional authorization
30 A transitional authorization must be in the form set out in Schedule 4 and contain the following information:
(a) the information referred to in paragraphs 25(1)(a) and (c);
(b) the latitude and longitude of the final discharge point;
(c) the date of issuance;
(d) the period of authorization; and
(e) the following averages and maximum concentration of the deleterious substances prescribed in section 5 that are authorized to be contained in effluent that is deposited via the final discharge point during a given calendar year, quarter or month referred to in subsection 28(1):
(i) for the average carbonaceous biochemical oxygen demand due to the quantity of CBOD matter, the average referred to in, as the case may be, subparagraph 28(1)(a)(i) or (ii),
(ii) for the average concentration of suspended solids, the average referred to in, as the case may be, subparagraph 28(1)(b)(i) or (ii),
(iii) for the average concentration of total residual chlorine, the average referred to in paragraph 28(1)(c), and
(iv) for the maximum concentration of un-ionized ammonia, the maximum concentration referred to in, as the case may be, subparagraph 28(1)(d)(i) or (ii).
Marginal note:Correction of information
31 (1) If the owner or operator of a wastewater system becomes aware that the information provided in their application for a transitional authorization contains errors or if the information provided in the transitional authorization is incorrect, they must, without delay, send a notice to the authorization officer that indicates the reason for the incorrect information and any corrections made, along with a corrected statement referred to in paragraph 25(1)(t).
Marginal note:Corrected transitional authorization
(2) On receipt of a notice that provides corrections that, if provided with the application, would have affected the scope of the information referred to in section 30 contained in the transitional authorization, the authorization officer must issue a corrected transitional authorization as if the corrections together with the remaining information originally provided in the application were an application under section 25.
Marginal note:Change in ownership
(3) A new owner or operator of a wastewater system must, no later than 30 days after the day on which the ownership of the wastewater system is transferred, send a notice to the authorization officer that indicates the date on which the transfer occurred and any updates to the information referred to in paragraphs 25(1)(a) to (c), along with a corrected statement referred to in paragraph 25(1)(t) signed and dated by the new owner or operator or their authorized representative.
Marginal note:Amended transitional authorization
(4) On receipt of a notice referred to in subsection (3), the authorization officer must issue an amended transitional authorization with the updates to the information referred to in paragraphs 30(a) and (c).
Marginal note:Revocation
32 (1) The authorization officer may revoke a transitional authorization if
(a) the information referred to in subsection 25(1) or (2), as the case may be, contained in the application or the information provided in a progress report referred to in subsection 29(2) is false or misleading in a material respect;
(b) the holder has, during the period of authorization, failed to comply with any condition set out in section 28 or any provision referred to in subsection 29(1);
(c) new information indicates that a deposit authorized under section 28 has had or is likely to have an effect on fish, fish habitat or the use by man of fish that is more adverse than the worst of the effects that were anticipated when that authorization was issued;
(d) the holder has not sent a progress report in accordance with subsection 29(2); or
(e) the authorization officer has reasonable grounds to believe that the plan referred to in subsection 4(1) or paragraph 25(1)(f) or (s) or subsection 29(3), as the case may be, cannot be fully implemented before the end of the period of authorization.
Marginal note:Considerations
(2) When determining whether to revoke a transitional authorization, the authorization officer must consider, as applicable, whether the holder of a transitional authorization
(a) has a history of non-compliance with any condition or provision referred to in paragraph (1)(b);
(b) has provided a reasonable justification for not sending a progress report in accordance with subsection 29(2); or
(c) has carried out, or signed an undertaking to carry out, specified corrective measures to ensure compliance with any condition or provision referred to in paragraph (1)(b) or to prevent or mitigate a more adverse effect referred to in paragraph (1)(c).
Marginal note:Representations
(3) The authorization officer is not permitted to revoke a transitional authorization unless they have provided the holder with
(a) written reasons for the proposed revocation; and
(b) an opportunity to be heard, by written representation, in respect of the proposed revocation.
Marginal note:Transitional authorization — termination
33 (1) Despite subsections 24(2) and 26(2), the authorization officer may terminate a transitional authorization at the end of a given calendar year, quarter or month determined in accordance with subsection 6(2), if the effluent deposited via the final discharge point of the wastewater system was not acutely lethal and if it met the conditions for the authorization set out in paragraphs 6(1)(a) and (b) during
(a) that given calendar year;
(b) that given quarter and the three quarters immediately before that given quarter during which effluent was deposited via the final discharge point; or
(c) that given month and each of the 11 months immediately before that given month during which effluent was deposited via the final discharge point.
Marginal note:Expiry of temporary authorization — notice
(2) If the modifications to be made to a wastewater system are completed in accordance with the plan referred to in subsection 4(1) or paragraph 25(1)(f) or (s) or subsection 29(3), as the case may be, the owner or operator of the wastewater system must send a notice to the authorization officer that indicates the date on which the modifications were completed and certifies that the identification report has been updated in accordance with subsection 18(6).
Temporary Authorization to Deposit Un-ionized Ammonia
Requirements and Duration
Marginal note:Requirements
34 (1) The owner or operator of a wastewater system whose effluent deposited via its final discharge point is acutely lethal because of the concentration of un-ionized ammonia in it may apply to an authorization officer for a temporary authorization to deposit effluent that contains un-ionized ammonia via the final discharge point if the concentration of un-ionized ammonia in the water, determined in accordance with subsection (3), at all points that are 100 m downstream from the point of entry where effluent is deposited in that water via the final discharge point is less than or equal to 0.016 mg/L, expressed as nitrogen (N), and if
(a) the acute lethality of the effluent — as determined in accordance with Reference Method EPS 1/RM/13 using the procedure set out in section 6 of that Method and the Procedure for pH Stabilization EPS 1/RM/50 — is primarily because of the concentration of un-ionized ammonia in the effluent; or
(b) the effluent is acutely lethal because the concentration of un-ionized ammonia in the effluent deposited via the final discharge point is greater than or equal to 1.25 mg/L, expressed as nitrogen (N) at 15°C ± 1°C, determined in accordance with section 14.
Marginal note:Samples
(2) The determination referred to in paragraph (1)(b) must
(a) for an intermittent wastewater system, be based on at least one sample of effluent; and
(b) for a continuous wastewater system, be based on at least two samples of effluent taken 7 days apart.
Marginal note:Determination of NH3 concentration in water
(3) The concentration of un-ionized ammonia in the water referred to in subsection (1) must be determined in accordance with the following formula:
total ammonia × 1 ÷ (1 +10pKa – pH)
where
- total ammonia
- is the concentration of total ammonia in that water — namely, un-ionized ammonia (NH3) plus ionized ammonia (NH4+) — determined in accordance with subsection (4), expressed in mg/L as nitrogen (N);
- pKa
- is 0.09018 + 2729.92/T, where T is the ambient water temperature in kelvin; and
- pH
- is the pH of that water.
Marginal note:Determination of concentration of total ammonia in water
(4) The concentration of total ammonia in the water referred to in subsection (3) must be determined using a total ammonia test.
Marginal note:Periods for application
(5) An initial application for a temporary authorization to deposit effluent that contains un-ionized ammonia must be made within 30 days after, as the case may be, the determination referred to in paragraph (1)(a) or (b) has been made. Applications to extend the temporary authorization must be made at least 90 days before the expiry of the authorization.
Application
Marginal note:Required information
35 An application for a temporary authorization to deposit effluent that contains un-ionized ammonia in respect of a wastewater system must contain the following information:
(a) the owner’s and the operator’s name, civic and postal addresses, telephone number and, if any, email address and fax number;
(b) the name, title, civic and postal addresses, telephone number and, if any, email address and fax number, of a contact person;
(c) if any, the wastewater system’s name and civic address;
(d) the latitude and longitude of the final discharge point expressed in decimal degrees in accordance with subsection 18(3);
(e) in relation to the determination of the acute lethality of the effluent
(i) if that determination is the one referred to in paragraph 34(1)(a),
(A) the result of that determination, including, for each sample on which that determination was based, the information referred to in section 8.1 of Reference Method EPS 1/RM/13 and section 3 of the Procedure for pH Stabilization EPS 1/RM/50, and
(B) information establishing that, when that determination was made, any acute lethality of the effluent was primarily because of the concentration of the un-ionized ammonia in the effluent, or
(ii) if that determination is the one referred to in paragraph 34(1)(b), the concentration of un-ionized ammonia in each of the samples referred to in subsection 34(2);
(f) information that establishes that, at the time the application was made, the concentration of un-ionized ammonia in the water, determined in accordance with subsection 34(3), at any point that is 100 m downstream from the point of entry where effluent is deposited in that water via the final discharge point was less than or equal to 0.016 mg/L, expressed as nitrogen (N); and
(g) a statement signed and dated by the owner or operator or their authorized representative that certifies that the information provided in the application is true, accurate and complete
(i) in the case of information that was prepared by the owner or operator, to the best of the owner’s or operator’s information and belief, and
(ii) in the case of information that was prepared by other persons with sufficient knowledge to evaluate that information, to the best of the owner’s or operator’s information and belief, based on representations made to them by those persons.
Conditions of Issuance
Marginal note:Required information
36 (1) Subject to subsection (2), the authorization officer must issue the temporary authorization to deposit effluent that contains un-ionized ammonia for a period of three years beginning on the date of issuance, if
(a) the application contains the information required under section 35;
(b) the information referred to in paragraph 35(e) has established that the effluent was, at the time of the application, acutely lethal because of the concentration of un-ionized ammonia in it; and
(c) the information referred to in paragraph 35(f) has established that the concentration of un-ionized ammonia in the water, determined in accordance with subsection 34(3), at any point that is 100 m downstream from the point of entry where effluent was deposited in that water via the final discharge point was less than or equal to 0.016 mg/L, expressed as nitrogen (N).
Marginal note:Refusal
(2) The authorization officer must refuse to issue the temporary authorization if they have reasonable grounds to believe that the information contained in, or provided in support of, the application is false or misleading in a material respect.
Conditions on Temporary Authorization
Marginal note:Authorized deposits
37 A holder of a temporary authorization to deposit effluent that contains un-ionized ammonia in respect of a wastewater system is authorized to deposit, via the final discharge point, effluent
(a) that satisfies the conditions set out in paragraphs 6(1)(a) to (c); and
(b) that results in a concentration of un-ionized ammonia in the water that is less than or equal to 0.016 mg/L, expressed as nitrogen (N), determined in accordance with subsection 34(3), at all points that are 100 m downstream from the point of entry where effluent is deposited in that water via the final discharge point.
Compliance Obligations
Marginal note:General requirements
38 The holder of a temporary authorization to deposit effluent that contains un-ionized ammonia must, at the final discharge point, during the period of authorization
(a) comply with sections 7 to 10, 12 to 14, 16 to 22 and 48;
(b) for each sample as referred to in subsection 10(1) to (4), determine, or cause the determination of, the concentration of un-ionized ammonia in the effluent, in accordance with section 14; and
(c) once each August, determine, or cause the determination of, the concentration of un-ionized ammonia in the water referred to in paragraph 37(b).
Scope of Temporary Authorization and Revocation
Marginal note:Period and content
39 A temporary authorization, and any extension of it, to deposit effluent that contains un-ionized ammonia must be in the form set out in Schedule 5 and contain the following information:
(a) the information referred to in paragraphs 35(a) and (c);
(b) the latitude and longitude of the final discharge point;
(c) the date of issuance of the temporary authorization and of any extension of it;
(d) the period of authorization; and
(e) a statement that the concentration of un-ionized ammonia in the water must be less than or equal to 0.016 mg/L, expressed as nitrogen (N), determined in accordance with subsection 34(3), at all points that are 100 m downstream from the point of entry where effluent is deposited in that water via the final discharge point.
Marginal note:Extension
40 (1) A temporary authorization may, on application, be extended for successive periods of three years. If that application is based on a determination of the acute lethality of effluent referred to in paragraph 34(1)(a), it must contain the information referred to in subparagraph 35(e)(i).
Marginal note:Issuance
(2) The authorization officer must — based on the information contained in the application for the extension, the monitoring reports sent under subsection 19(1) and the original application for the temporary authorization referred to in section 35 — extend the authorization if it is established that, when the application for an extension was made,
(a) the effluent was acutely lethal because of the concentration of un-ionized ammonia in it; and
(b) the concentration of un-ionized ammonia in the water, determined in accordance with subsection 34(3), at any point that is 100 m downstream from the point of entry where effluent was deposited in that water via the final discharge point was less than or equal to 0.016 mg/L, expressed as nitrogen (N).
Marginal note:Correction of information
41 (1) If the owner or operator becomes aware that the information provided in an application for a temporary authorization, or for an extension of a temporary authorization, contains errors, they must, without delay, send a notice to the authorization officer, which indicates the reason for the errors and provides corrections, and make the certification under paragraph 35(g) with respect to the corrected application.
Marginal note:Corrected temporary authorization
(2) On receipt of a notice that provides corrections that, if provided with the application, would have affected the scope of the information referred to in section 39, the authorization officer must issue a corrected temporary authorization or corrected extension of a temporary authorization, as the case may be, as if the corrections together with the remaining information originally provided in the application were an application under section 35 or 40.
Marginal note:Revocation
42 (1) The authorization officer may revoke a temporary authorization, or an extended temporary authorization, to deposit effluent that contains un-ionized ammonia if
(a) the information contained in, as the case may be, the application for the temporary authorization referred to in section 35 or the application for the extended temporary authorization referred to in 40 is false or misleading in a material respect;
(b) the holder has, during the period of authorization, failed to comply with paragraph 37(a) or (b), any section referred to in paragraph 38(a), or paragraph 38(b) or (c); or
(c) new information indicates that a deposit under the temporary authorization or the extended temporary authorization has had or is likely to have an effect on fish, fish habitat or the use by man of fish that is more adverse than the worst of those effects that were anticipated when that authorization was issued.
Marginal note:Considerations
(2) When determining whether to revoke a temporary authorization or an extended temporary authorization, the authorization officer must consider, as applicable, whether the holder
(a) has a history of non-compliance with any provision referred to in paragraph (1)(b); or
(b) has carried out, or signed an undertaking to carry out, specified corrective measures to ensure compliance with any provision referred to in paragraph (1)(b) or to prevent or mitigate a more adverse effect referred to in paragraph (1)(c).
Marginal note:Representations
(3) The authorization officer is not permitted to revoke a temporary authorization or an extended temporary authorization unless they have provided the holder with
(a) written reasons for the proposed revocation; and
(b) an opportunity to be heard, by written representation, in respect of the proposed revocation.
Temporary Bypass Authorization
Requirements
Marginal note:Deposit without or with partial treatment
43 (1) An owner or operator of a wastewater system may apply to an authorization officer for a temporary authorization to bypass at least one of the treatment processes normally applied to wastewater in the system and, as a result, to deposit effluent that contains any deleterious substance prescribed in section 5.
Marginal note:Conditions precedent
(2) An application for a temporary bypass authorization is not to be made unless
(a) the requirement to bypass those treatment processes arises from
(i) construction work to make changes to the system,
(ii) the maintenance of the system, or
(iii) the response to an anticipated event that is beyond the control of the owner or operator of the system;
(b) the bypass is designed, within the constraints of technical and economic feasibility, to minimize the volume of effluent deposited and the concentration of deleterious substances prescribed in section 5 in the effluent deposited;
(c) notice of the proposed bypass has been given to members of the public and to any community or Indigenous governing body, if the owner or operator has reasonable grounds to believe that the member, community or governing body could be affected by the bypass or may have used or may use the receiving environment before, during or after the bypass; and
(d) notice of the proposed bypass has been given to the National Manager of the Shellfish Water Classification Program, Department of the Environment, if the proposed bypass will result in the deposit of effluent in open marine waters or marine port waters, as defined in Schedule 2, or a shellfish harvesting area or within a radius of 20 km of such an area or such waters.
Marginal note:Period for application
(3) An application for a temporary bypass authorization must be made at least
(a) 21 days before the day on which the requirement referred to in paragraph (2)(a) is to arise, if the bypass is a Category 1 bypass as determined in accordance with sections 43.2 to 43.4;
(b) 45 days before the day on which the requirement referred to in paragraph (2)(a) is to arise, if the bypass is a Category 2 bypass as determined in accordance with sections 43.2 to 43.4; or
(c) 90 days before the day on which the requirement referred to in paragraph (2)(a) is to arise, if the bypass is a Category 3 bypass as determined in accordance with sections 43.2 to 43.4.
Bypass Categories for Temporary Bypass Authorizations
Physical or biological treatment
43.1 For the purposes of sections 43.2 and 43.3, physical or biological treatment means any treatment process, other than preliminary treatment, applied to wastewater for the purpose of removing suspended solids or CBOD matter, or both, from the influent.
Marginal note:Bypass category determination — physical or biological treatment
43.2 (1) If the effluent deposited during the proposed bypass has undergone a physical or biological treatment, the determination of the bypass category for the purpose of obtaining a temporary bypass authorization is made in accordance with subsections (2) to (4).
Marginal note:Category 1 bypass
(2) The bypass is a Category 1 bypass if
(a) the estimated volume of the deposits is equal to or less than 25 000 m3 and the approximate duration referred to in paragraph 44(1)(g) is equal to or less than 240 hours; and
(b) the bypass is at a final discharge point or at one or more overflow points, and all of those points of entry are in a water or place that regularly receives wastewater during normal conditions.
Marginal note:Category 3 bypass
(3) The bypass is a Category 3 bypass if
(a) the estimated volume of the deposits is greater than 500 000 m3 or the approximate duration referred to in paragraph 44(1)(g) is greater than 2 160 hours; and
(b) any of the following conditions apply:
(i) a shellfish harvesting area is within 1 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points, or
(ii) an identified critical habitat for species referred to in paragraph (a) of the definition protected aquatic species is within 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points.
Marginal note:Category 2 bypass
(4) The bypass is a Category 2 bypass if it does not meet the requirements set out in subsection (2) or (3).
Marginal note:Bypass category determination — no physical or biological treatment
43.3 (1) If the effluent deposited during the proposed bypass has not undergone a physical or biological treatment, the determination of the bypass category for the purpose of obtaining a temporary bypass authorization is made in accordance with subsections (2) to (4).
Marginal note:Category 1 bypass
(2) The bypass is a Category 1 bypass if
(a) the estimated volume of the deposits is equal to or less than 2 500 m3 or the approximate duration referred to in paragraph 44(1)(g) is equal to or less than 48 hours;
(b) the bypass is at a final discharge point or at one or more overflow points, and all of those points of entry are in a water or place that regularly receives wastewater during normal conditions; and
(c) the bypass does not qualify as a category 3 bypass.
Marginal note:Category 3 bypass
(3) The bypass is a Category 3 bypass if
(a) the estimated volume of the deposits is greater than 50 000 m3 or the approximate duration referred to in paragraph 44(1)(g) is greater than 720 hours; or
(b) the estimated volume of the deposits is greater than 25 000 m3 or the approximate duration referred to in paragraph 44(1)(g) is greater than 360 hours, and any of the following conditions apply:
(i) a shellfish harvesting area is within 1 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points, or
(ii) an identified critical habitat for species referred to in paragraph (a) of the definition protected aquatic species is within 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points.
Marginal note:Category 2 bypass
(4) The bypass is a Category 2 bypass if it does not meet the requirements set out in subsection (2) or (3).
Precipitation event
43.4 (1) For the purposes of this section, precipitation event means an accumulation of precipitation, other than from melting snow or ice, that causes a temporary surcharge in the wastewater system because of a reduced capacity due to the construction work, the maintenance of the system or the response referred to in paragraph 43(2)(a) and results in a deposit of untreated wastewater mixed with surface runoff and stormwater.
Marginal note:Bypass category determination — precipitation events during period of reduced capacity
(2) If the effluent deposited during the proposed bypass is caused by one or more precipitation events that occur during a period of reduced capacity of the wastewater system, the determination of the bypass category for the purpose of obtaining a temporary bypass authorization is made in accordance with subsections (3) to (5).
Marginal note:Category 1 bypass
(3) The bypass is a Category 1 bypass if
(a) the estimated volume of the deposits is equal to or less than 5 000 m3 or the period referred to in paragraph 44(1)(f) is equal to or less than 96 hours;
(b) the bypass is at a final discharge point or at one or more overflow points, and all of those points of entry are in a water or place that regularly receives wastewater during normal conditions; and
(c) the bypass does not qualify as a category 3 bypass.
Marginal note:Category 3 bypass
(4) The bypass is a Category 3 bypass if
(a) the estimated volume of the deposits is greater than 100 000 m3 or the period referred to in paragraph 44(1)(f) is greater than 1 440 hours; and
(b) any of the following conditions apply:
(i) a shellfish harvesting area is within 1 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or one or more overflow points, or
(ii) an identified critical habitat for species referred to in paragraph (a) of the definition protected aquatic species is within 500 m of any point of entry where effluent is deposited during the bypass via any final discharge point or at one or more overflow points.
Marginal note:Category 2 bypass
(5) The bypass is a Category 2 bypass if it does not meet the requirements set out in subsection (3) or (4).
Application
Marginal note:Required information
44 (1) An application for a temporary bypass authorization must contain the following information:
(a) the owner’s and the operator’s name, civic and postal addresses, telephone number and, if any, email address and fax number;
(b) the name, title, civic and postal addresses, telephone number and, if any, email address and fax number, of a contact person;
(c) if any, the wastewater system’s name and civic address;
(c.1) a description of the construction work, the maintenance of the system or the response referred to in paragraph 43(2)(a), as well as
(i) an explanation that demonstrates why it is necessary to bypass at least one of the treatment processes normally applied to the wastewater in the system, and
(ii) in the case of an application by an owner or operator who had to confirm the existence of a plan referred to in paragraph 45.2(3)(f) for a previous authorization, an explanation that demonstrates how the bypass meets the requirements of that plan and any amendments to that plan since it was created;
(d) an explanation of how the bypass is designed to minimize the volume of effluent deposited and the concentration of deleterious substances prescribed in section 5 in the effluent deposited during the construction work, the maintenance of the system or the response referred to in paragraph 43(2)(a), including a description of, and a schedule for, all steps that are to be taken to achieve that minimization;
(e) the latitude and longitude, expressed in decimal degrees in accordance with subsection 18(3), of
(i) any final discharge points, if the bypass results in the deposit of effluent via one or more of the system’s final discharge points, and
(ii) any overflow points, if the bypass results or may result in wastewater being diverted for deposit in any water or place referred to in subsection 36(3) of the Act;
(e.1) a description of any water or place referred to in subsection 36(3) of the Act into which effluent is deposited, including
(i) the use, if any, of the water or place,
(ii) the name, if any, of the water or place and, in the case of water, the name, if any, of the body of water that includes the water, and
(iii) for an overflow point, a statement indicating whether the water or place regularly receives wastewater under normal conditions;
(f) the period for which the bypass is required in order to allow for the construction work, for the maintenance of the system or for the response referred to in paragraph 43(2)(a);
(g) the approximate duration, expressed in hours, of the deposits referred to in subparagraph (e)(i) or (ii) or both;
(h) the estimated volume, expressed in m3, of those deposits, and an explanation of how the estimation was made;
(h.1) a description of the treatment, if any, that will be applied to effluent prior to deposit and whether deposits will be caused by precipitation events occurring during a period of reduced capacity of the wastewater system, as defined in subsection 43.4(1);
(h.2) a list of the measures that will be implemented to avoid or mitigate the adverse effects of the bypass on fish, fish habitat or the use by man of fish, including the choice of appropriate timing for the proposed work to reduce the risk of harm;
(h.3) a description and the results of notifications to and engagement with any members of the public, communities, or Indigenous governing bodies that may be impacted by the proposed bypass; and
(i) a statement signed and dated by the owner or operator or their authorized representative that certifies that the information provided in the application is true, accurate and complete
(i) in the case of information that was prepared by the owner or operator, to the best of the owner’s or operator’s information and belief, and
(ii) in the case of information that was prepared by other persons with sufficient knowledge to evaluate that information, to the best of the owner’s, operator’s or authorized representative’s information and belief, based on representations made to them by those persons.
Marginal note:Additional information – risk level
(2) In addition to the information referred to in subsection (1), an application for a temporary bypass authorization must contain the following information:
(a) for a Category 2 bypass, a detailed description of the measures referred to in paragraph (1)(h.2);
(b) for a Category 3 bypass,
(i) a detailed description of the measures referred to in paragraph (1)(h.2),
(ii) an assessment of the methods that were considered but not retained to avoid or minimize the bypass, including their technical feasibility and an estimate of costs,
(iii) an assessment of the geographical scope where the effluent mixes with the receiving environment and where there is a distinguishable difference from the ambient water conditions, as well as a description of the methodologies used to prepare the assessment, and
(iv) a detailed description of the monitoring of the effluent or of the receiving environment based on the assessment of the geographical scope referred to in subparagraph (iii) that will be implemented to assess the effectiveness of the measures referred to in paragraph (1)(h.2), including a detailed plan and schedule for monitoring before, during and after the bypass occurs.
Marginal note:Additional information – on demand
(3) The authorization officer may request additional information from an applicant if that information is required to assess the potential adverse effects of the bypass on fish, fish habitat or the use by man of fish.
Marginal note:Additional information – written notice
(4) In accordance with subsection (3), the authorization officer must provide the applicant with a written notice setting out the information to be provided and the timeline for providing it.
Conditions of Issuance
Marginal note:Required information
45 (1) Subject to subsection (3), the authorization officer must issue a temporary bypass authorization if
(a) the authorization officer has reasonable grounds to believe that the conditions set out in subsection 43(2) are met; and
(b) the application contains the information required under subsection 44(1) and, if applicable, subsections 44(2) and (3).
Marginal note:Duration of temporary bypass authorization
(2) The temporary bypass authorization is to be issued for the period that, in the authorization officer’s opinion,
(a) is required in order to allow for the construction work, for the maintenance of the system or for the response referred to in paragraph 43(2)(a); and
(b) will mitigate any adverse effects on fish, fish habitat or the use by man of fish to the extent possible given the requirement referred to in paragraph 43(2)(a) for which the bypass authorization arises.
Marginal note:Refusal — adverse effects
(3) The authorization officer may refuse to issue the temporary authorization if they have reasonable grounds to believe that its issuance, for any period, would result in adverse effects on fish, fish habitat or the use by man of fish that cannot be mitigated.
Marginal note:Refusal — false or misleading information
(4) The authorization officer must refuse to issue the temporary authorization if they have reasonable grounds to believe that the information contained in, or provided in support of, the application is false or misleading in a material respect.
Conditions on Temporary Bypass Authorizations
Marginal note:Authorized deposit
45.1 A holder of a temporary bypass authorization in respect of a wastewater system is authorized to deposit effluent if the mitigation and monitoring measures referred to in paragraphs 44(1)(h.1) and (h.2) and subparagraph 44(2)(b)(iv), as applicable, are implemented.
Compliance Obligations
Marginal note:General requirements
45.2 (1) An owner or operator of a wastewater system who holds a temporary bypass authorization must, during the period of authorization, comply with,
(a) if the bypass occurs only at one or more overflow points,
(i) sections 5 to 19, 21, 22 and 48 for the effluent deposited via all the final discharge points of the wastewater system; and
(ii) paragraph 17(b) and section 20 for the effluent deposited via all the combined sewer overflow points of the wastewater system,
(b) if the bypass occurs at at least one final discharge point,
(i) sections 7 to 10, subsections 11(1) to (3) and (7), sections 12 to 19, 21, 22 and 48 for the effluent deposited via all the final discharge points of the wastewater system; and
(ii) paragraph 17(b) and section 20 for the effluent deposited via all the combined sewer overflow points of the wastewater system.
Marginal note:Exemption — daily volume
(2) Despite subsection (1), if, during the period of authorization, the volume or rate of flow of the influent or effluent cannot be measured in accordance with section 9, the holder of a temporary authorization may determine the daily volume of effluent by using a method of estimation in accordance with subsection 7(4).
Marginal note:Final report
(3) The holder of a temporary bypass authorization must, within 90 days after the last day of the period of the authorization, send to the authorization officer a final report on the temporary bypass that includes the following information, as applicable:
(a) the actual duration of the deposits;
(b) the actual or estimated volume of the deposits;
(c) a description of any actual treatment applied to effluent;
(d) a description of how the mitigation and monitoring measures referred to in paragraphs 44(1)(h.1) and (h.2) have been implemented;
(e) the results of any monitoring referred to in subparagraph 44(2)(b)(iv) conducted during the bypass period; and
(f) for a Category 2 bypass as determined in accordance with sections 43.3 or 43.4 or a Category 3 bypass as determined in accordance with sections 43.2 to 43.4, a confirmation of the existence of a plan that describes modifications to be made to the wastewater system and any other measures to be taken to reduce the need for future temporary bypass authorizations and to limit any adverse effects on fish, fish habitat or the use by man of fish when performing work referred to in paragraph 43(2)(a), including a schedule for implementation of the plan.
Marginal note:Examination
(4) The holder of a temporary bypass authorization must ensure that the plan referred to in paragraph (3)(f) is available for examination by the public.
Issuance
Marginal note:Content of authorization
46 A temporary bypass authorization is to be issued for a period that is sufficient to allow for the construction work, for the maintenance of the system or for the response referred to in paragraph 43(2)(a) and the authorization must be in the form set out in Schedule 6.
Marginal note:Correction of information
47 (1) If the holder of the temporary authorization becomes aware that the information provided in their application for a temporary bypass authorization contains errors, they must, without delay, send a notice to the authorization officer that indicates the reason for the errors and provides corrections, along with a corrected statement referred to in paragraph 44(1)(i).
Marginal note:Corrected authorization
(2) On receipt of the notice and the corrections, the authorization officer may only issue a corrected temporary bypass authorization if
(a) the corrected bypass category, as determined in accordance with sections 43.2 to 43.4, remains the same as that of the original application; or,
(b) the corrected bypass category, as determined in accordance with sections 43.2 to 43.4, changes from that in the original application as a result of the corrections, and the additional information required under the corrected bypass application has been provided.
Marginal note:Revocation
(3) The authorization officer may revoke a temporary bypass authorization if
(a) the information contained in the application referred to in subsections 44(1) to (3), as the case may be, is false or misleading in a material respect;
(b) during the period of authorization, the holder has failed to comply with the conditions set out in section 45.1 or any obligation set out in subsection 45.2(1); or
(c) new information indicates that a deposit under the temporary bypass authorization has had or is likely to have an effect on fish, fish habitat or the use by man of fish that is more adverse than the worst of the effects that were anticipated when the authorization was issued.
Marginal note:Representation
(4) The authorization officer must not revoke a temporary authorization unless they have provided the holder with
(a) written reasons for the proposed revocation; and
(b) an opportunity to make written representations in respect of the proposed revocation.
General
Marginal note:Electronic applications
48 (1) An application for a transitional authorization or a temporary authorization must be sent electronically in the form and format specified by the Minister of the Environment and must bear the electronic signature of the owner or operator or their authorized representative.
Marginal note:Application on paper
(2) If the Minister of the Environment has not specified an electronic form and format or if it is not feasible to send the application electronically in accordance with subsection (1) because of circumstances beyond the control of the owner or operator, or their authorized representative, the application must be sent on paper, signed by the owner or operator, or their authorized representative, and in the form and format specified by that Minister.
Marginal note:Registry of authorizations
49 The Minister of the Environment must maintain a registry, for examination by the public, of all transitional authorizations, all temporary authorizations to deposit un-ionized ammonia and all temporary bypass authorizations that have been issued under this Part, and that have not been revoked.
Coming into Force
Marginal note:On registration
50 (1) Subject to subsections (2) to (4), these Regulations come into force on the day on which they are registered.
Marginal note:January 1, 2013
(2) Subsections 6(2) to (6), sections 7, 8, 10, 12 to 14 and 16, paragraphs 17(a), (b) and (d) to (g) and sections 18 to 20, 23 to 27, 30, 31, 34 to 36, 39, 41, 48 and 49 come into force on January 1, 2013.
Marginal note:January 1, 2015
(3) Subsections 6(1) and (7), sections 11, 15, 28, 29, 32, 33, 37, 38, 40 and 42 to 47 come into force on January 1, 2015.
Marginal note:January 1, 2021 — paragraphs 6(1)(c) and 28(1)(c) in relation to certain owners or operators
(4) Despite subsection (3), paragraphs 6(1)(c) and 28(1)(c) come into force on January 1, 2021 in relation to an owner or operator of a wastewater system that has, on the day on which these Regulations are registered, an average daily volume of effluent deposited annually via its final discharge point of less than 5 000 m3, determined on the basis of its average design rate of flow of influent.
SCHEDULE 1(Section 1)
Authorization Officers
| Item | Column 1 | Column 2 | Column 3 |
|---|---|---|---|
| Province | Owner | Position | |
| 1 | Ontario | His Majesty in right of Canada, another federal body or an Indigenous governing body referred to in clause 18(1)(d)(iii)(D) of these Regulations | Manager, Wastewater Section Department of the Environment (Canada) |
| His Majesty in right of Ontario or another Ontario body or municipality or another local authority in Ontario |
| ||
| Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations |
| ||
| 2 | Quebec | His Majesty in right of Canada, another federal body or an Indigenous governing body referred to in clause 18(1)(d)(iii)(D) of these Regulations | Manager, Wastewater Section, Department of the Environment (Canada) |
| His Majesty in right of Quebec or another Quebec body or municipality or another local authority in Quebec |
| ||
| Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations |
| ||
| 3 | Nova Scotia | His Majesty in right of Canada, another federal body or an Indigenous governing body referred to in clause 18(1)(d)(iii)(D) of these Regulations | Manager, Wastewater Section, Department of the Environment (Canada) |
| His Majesty in right of Nova Scotia or another Nova Scotia body or municipality or another local authority in Nova Scotia |
| ||
| Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations |
| ||
| 4 | New Brunswick | His Majesty in right of Canada, another federal body or an Indigenous governing body referred to in clause 18(1)(d)(iii)(D) of these Regulations | Manager, Wastewater Section, Department of the Environment (Canada) |
| His Majesty in right of New Brunswick or another New Brunswick body or municipality or another local authority in New Brunswick |
| ||
| Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations |
| ||
| 5 | Manitoba | His Majesty in right of Canada, another federal body or an Indigenous governing body referred to in clause 18(1)(d)(iii)(D) of these Regulations | Manager, Wastewater Section, Department of the Environment (Canada) |
| His Majesty in right of Manitoba or another Manitoba body or municipality or another local authority in Manitoba |
| ||
| Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations |
| ||
| 6 | British Columbia | His Majesty in right of Canada, another federal body or an Indigenous governing body referred to in clause 18(1)(d)(iii)(D) of these Regulations | Manager, Wastewater Section, Department of the Environment (Canada) |
| His Majesty in right of British Columbia or another British Columbia body or municipality or another local authority in British Columbia |
| ||
| Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations |
| ||
| 7 | Prince Edward Island | His Majesty in right of Canada, another federal body or an Indigenous governing body referred to in clause 18(1)(d)(iii)(D) of these Regulations | Manager, Wastewater Section, Department of the Environment (Canada) |
| His Majesty in right of Prince Edward Island or another Prince Edward Island body or municipality or another local authority in Prince Edward Island |
| ||
| Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations |
| ||
| 8 | Saskatchewan | His Majesty in right of Canada, another federal body or an Indigenous governing body referred to in clause 18(1)(d)(iii)(D) of these Regulations | Manager, Wastewater Section, Department of the Environment (Canada) |
| His Majesty in right of Saskatchewan or another Saskatchewan body or municipality or another local authority in Saskatchewan |
| ||
| Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations |
| ||
| 9 | Alberta | His Majesty in right of Canada, another federal body or an Indigenous governing body referred to in clause 18(1)(d)(iii)(D) of these Regulations | Manager, Wastewater Section, Department of the Environment (Canada) |
| His Majesty in right of Alberta or another Alberta body or municipality or another local authority in Alberta |
| ||
| Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations |
| ||
| 10 | Newfoundland and Labrador | His Majesty in right of Canada, another federal body or an Indigenous governing body referred to in clause 18(1)(d)(iii)(D) of these Regulations | Manager, Wastewater Section, Department of the Environment (Canada) |
| His Majesty in right of Newfoundland and Labrador or another Newfoundland and Labrador body or municipality or another local authority in Newfoundland and Labrador |
| ||
| Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations |
| ||
| 11 | Yukon | His Majesty in right of Canada, another federal body or an Indigenous governing body referred to in clause 18(1)(d)(iii)(D) of these Regulations | Manager, Wastewater Section, Department of the Environment (Canada) |
| Government of Yukon or another Yukon body or municipality or another local authority in Yukon |
| ||
| Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations |
|
SCHEDULE 2(Subsections 4(2), 24(2), 25(1) and 26(2) and (4) and paragraph 43(2)(d))System of Points — Final Discharge Point
Interpretation
Marginal note:Definitions
1 The following definitions apply in this Schedule.
- bulk flow ratio
bulk flow ratio means the ratio of the average rate of flow of a watercourse during a year to the average rate of flow of effluent that is deposited in that watercourse during that year. (coefficient de débit brut)
- marine port waters
marine port waters means well-flushed marine waters, such as a sea port or harbour. (eaux d’un port maritime)
- open marine waters
open marine waters, in relation to a final discharge point, means salt waters in an area defined by an arc of 135° extending 20 km from the point of entry in relation to the final discharge point, if there is no land within that area. (eaux libres en milieu marin)
TABLE
Item Column 1 Column 2 Column 3 Conditions and Water Criteria Points 1 Average daily volume of effluent, expressed in m3, deposited during the period of 12 consecutive months referred to in subsection 24(1) of these Regulations upon which the application is based (a) ≤ 500
5 points (b) > 500 and ≤ 2 500
10 points (c) > 2 500 and ≤ 17 500
15 points (d) > 17 500 and ≤ 50 000
25 points (e) > 50 000
35 points 2 The average carbonaceous biochemical oxygen demand (CBODA) due to the quantity of CBOD matter in the effluent and the average concentration of suspended solids (SSA) in the effluent, both expressed in mg/L, during the period of 12 consecutive months referred to in subsection 24(1) of these Regulations upon which the application is based (CBODA + SSA)/5 points as per formula in column 2 3 If, during the period of 12 consecutive months referred to in subsection 24(1) of these Regulations upon which the application is based, chlorine, or one of its compounds, was used in the treatment of wastewater in the wastewater system, as applicable, paragraph (a) or (b) of Column 2 (a) average concentration of total residual chlorine in the effluent deposited via the final discharge point is > 0.02 mg/L
10 points (b) effluent is not dechlorinated before it is deposited
10 points 4 The maximum concentration of un-ionized ammonia, expressed in mg/L as nitrogen (N), in the effluent deposited during the period of 12 consecutive months referred to in subsection 24(1) of these Regulations upon which the application is based ≥ 1.25 at 15°C ± 1°C 20 points 5 Water where effluent is deposited via the final discharge point (highest value that applies) (a) open marine waters
5 points (b) marine port waters
10 points (c) lake, natural wetland, reservoir, estuary, enclosed bay
20 points (d) watercourse with bulk flow ratio >100
15 points (e) watercourse with bulk flow ratio ≥10 and ≤100
20 points (f) watercourse with bulk flow ratio <10
25 points (g) shellfish harvesting area within 500 m of the point of entry where effluent is deposited in the water via the final discharge point
20 points
SCHEDULE 3(Subsection 24(2), paragraph 25(1)(a) and subsections 26(2) and (4))
System of Points — Combined Sewer Overflow Points
| Item | Column 1 | Column 2 | Column 3 |
|---|---|---|---|
| Factors | Criteria | Points | |
| 1 | The ratio — during the period of 12 consecutive months referred to in subsection 24(1) of these Regulations upon which the application is based — of the estimated average dry weather flow that circulates in the combined sewer at the overflow point to the estimated average dry weather flow that is deposited via the final discharge point, expressed as a percentage |
| 35 points |
| 25 points | ||
| 15 points | ||
| 10 points | ||
| 2 | The number of deposits via the overflow point during the period of 12 consecutive months referred to in subsection 24(1) of these Regulations upon which the application is based |
| 35 points |
| 25 points | ||
| 15 points | ||
| 5 points | ||
| 3 | Water where effluent is deposited via each overflow point (the sum of points for all that apply) |
| 20 points |
| 10 points | ||
| 10 points |
SCHEDULE 4(Section 30)Transitional Authorization
[Name and address of owner or operator]
| Name of owner: |
| Address of owner: |
| Name of operator: |
| Address of operator: |
in respect of [name and address of wastewater system]
| Name of wastewater system: |
| Address of wastewater system: |
(a) is (are) authorized as of [the date of issuance referred to in subsection 26(2) of the Wastewater Systems Effluent Regulations]
to deposit effluent that contains the deleterious substances set out below until [expiry date]Footnote * from [identify final discharge point and, in the case of a fictional consolidated wastewater system referred to in section 4 of those Regulations, identify the final discharge point for each of the original wastewater systems] .Deleterious Substance Average Concentration over the Calendar Year, Quarter or Month Maximum Concentration over the Calendar Year, Quarter or Month CBOD matter mg/L of carbonaceous biochemical oxygen demand not applicable suspended solids (SS) mg/L not applicable un-ionized ammonia (NH3) not applicable mg/L, as nitrogen (N) at 15°C ± 1°C (b) is (are) authorized as of [the date of issuance referred to in subsection 26(2) of the Wastewater Systems Effluent Regulations]
to deposit effluent whose average concentration of total residual chlorine does not exceed 0.02 mg/L until [expiry date]Footnote * from [identify final discharge point and, in the case of a fictional consolidated wastewater system, identify the final discharge point for each of the original wastewater systems] if chlorine, or one of its compounds, was used in the treatment of wastewater in the wastewater system.IMPORTANT: Please refer to sections 28 and 29 of the Wastewater Systems Effluent Regulations for the conditions and compliance requirements related to the authorization. Please also take note that this authorization may be revoked under section 32 of the Wastewater Systems Effluent Regulations.
Return to footnote *This authorization may expire under subsection 33(1) of the Wastewater Systems Effluent Regulations on a date earlier than the date indicated above as the expiry date.
Authorization Officer: [Signature]
[Name]
[Title]
Date:
SCHEDULE 5(Section 39)Temporary Authorization To Deposit Effluent That Contains Un-Ionized Ammonia
[Name and address of owner or operator]
| Name of owner: |
| Address of owner: |
| Name of operator: |
| Address of operator: |
in respect of [name and address of wastewater system]
| Name of wastewater system: |
| Address of wastewater system: |
is (are) authorized, as of [date] , to deposit effluent that contains un‑ionized ammonia until [date] , from [identify final discharge point] , if the concentration of un-ionized ammonia in the water is less than or equal to 0.016 mg/L, expressed as nitrogen (N), at all points that are 100 m downstream from the point of entry where effluent is deposited in that water via the final discharge point.
IMPORTANT: Please refer to section 38 of these Regulations for the compliance obligations for this authorization. In addition, please note that this authorization may be revoked under section 42 of the Regulations.
| Authorization Officer: | |
[Signature] [Name] [Title] | Date: |
SCHEDULE 6(Section 46)Temporary Bypass Authorization
[Name and address of owner or operator]
| Name of owner: |
| Address of owner: |
| Name of operator: |
| Address of operator: |
in respect of [name and address of wastewater system]
| Name of wastewater system: |
| Address of wastewater system: |
is (are) authorized, as of [date] , for [number of hours] , until [date], to deposit effluent [level of treatment] and a volume of [volume in m3] m3 from [identify one or more discharge points] into [name, if any, of the water or place where deposit(s) occur and, in the case of water, the name, if any, of the body of water that includes the water ].
IMPORTANT: Please refer to sections 45.1 and 45.2 of the Wastewater Systems Effluent Regulations for the conditions and compliance obligations for this authorization. Please also note that this authorization may be revoked under subsection 47(3) of the Wastewater Systems Effluent Regulations.
| Authorization Officer: | |
[Signature] [Name] [Title] | Date: |
- Date modified: