Wastewater Systems Effluent Regulations (SOR/2012-139)

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.