Canada Gazette, Part I, Volume 157, Number 21: Regulations Amending the Wastewater Systems Effluent Regulations

May 27, 2023

Statutory authority
Fisheries Act

Sponsoring department
Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues

The Wastewater Systems Effluent Regulations (the Regulations) were published in the Canada Gazette, Part II on July 18, 2012, with national effluent quality standards that came into effect in 2015. The Regulations apply to approximately 1 600 owners and operators of wastewater systems that collect and treat sewage primarily from household activities. The regulated community is primarily made up of municipalities and Indigenous communities; however, some wastewater systems are owned or operated by federal departments, provincial governments and other entities. The Department has identified three implementation issues that are impacting the ability of regulatees to comply with the Regulations. Amendments to the Regulations are needed to address these issues.

Issue 1 — Transitional authorizations: Regulatees that were not able to meet the effluent quality standards when they came into effect in 2015 were given an opportunity to apply for an extension (known as a “transitional authorization”) to upgrade their wastewater treatment system. More than 100 regulatees did not apply for a transitional authorization by the deadline set out in the Regulations of June 30, 2014, and have since been in long-term non-compliance with the Regulations. This results in them having reduced access to funding and no clear timelines in which to upgrade their systems to meet the standards.

Issue 2 — Temporary bypass authorizations: Regulatees need to maintain and repair their wastewater systems and may need to request a temporary bypass authorization under the Regulations. This allows regulatees to temporarily release undertreated wastewater at the end of their treatment plant (final discharge point) to complete the required upgrades. However, releases from any other point in the wastewater infrastructure (e.g. the sewer system) are not authorized under the Regulations, even though maintenance activities in these areas are needed from time to time. This limits the ability of the Department to be proactive and manage these releases to protect the environment and ensure transparency with the public. It also creates an inconsistency where some types of maintenance are covered under the Regulations while others are not.

Issue 3 — Administrative inefficiencies: Over the course of implementing the Regulations, regulatees and other stakeholders have identified requirements that are either not clear or that cause unnecessary burden. These administrative inefficiencies require significant effort with little to no benefit for regulatees, the environment or the public.

Background

The Regulations are established under the Fisheries Act and aim to reduce impacts of pollution from wastewater systems into receiving waters (e.g. rivers, lakes, oceans) by setting national minimum effluent quality standards (standards) achievable through secondary-level wastewater treatment. Secondary-level wastewater treatment includes physical and biological treatment and removes up to 95% of pollutants typically found in wastewater. The standards include limits on key substances that are indicators of overall effluent quality and treatment effectiveness: carbonaceous biochemical oxygen demand; suspended solids; total residual chlorine and un-ionized ammonia. In addition, the standards require that wastewater effluent be not acutely lethal to fish based on standard testing methodologies.^{footnote 1}

The Regulations apply to wastewater systems that collect, or are designed to collect, 100 cubic metres (m³) or more of wastewater per day (which typically corresponds to a population of approximately 200 to 250 people) and discharge to waters frequented by fish or to any place, under any condition, where it may enter water frequented by fish. The Regulations do not apply to any wastewater system in the Northwest Territories, Nunavut, or north of the 54th parallel in the provinces of Quebec and Newfoundland and Labrador due to extreme climatic conditions.

While most wastewater systems subject to the Regulations meet the standards, approximately 17% of total wastewater volumes are undertreated and released to the environment from wastewater systems that provide little or no treatment. The Regulations manage these wastewater systems that regularly release undertreated wastewater through transitional authorizations. The Regulations also have temporary bypass authorizations to manage temporary releases of undertreated wastewater due to repairs, maintenance or upgrades at treatment plants. Through several years of implementing the Regulations, and based on feedback received from regulatees, stakeholders, Indigenous communities, governments and organizations, the Department has identified gaps in the implementation of these authorizations.

While most wastewater systems were capable of achieving the standards when they came into effect, approximately 13% of regulatees did not have infrastructure in place to be able to meet the standards. Understanding that upgrading or constructing new wastewater treatment systems requires a lot of time to plan and finance, the Regulations allowed regulatees to apply for a transitional authorization. The deadline to apply for a transitional authorization was June 30, 2014. Rather than being required to meet the effluent quality standards when they came into force on January 1, 2015, a transitional authorization gave the regulatee time to implement necessary upgrades. Depending on the level of risk of the wastewater system (determined using the volume of effluent released, concentration of pollutants and the receiving environment), a transitional authorization gave a regulatee until the end of 2020 (for a high-risk system), 2030 (for a medium-risk system) or 2040 (for a low-risk system) to comply with the standards.

The Department issued 65 transitional authorizations in 2014. However, more than 100 eligible regulatees did not apply for a transitional authorization. There is no authority in the Regulations to issue transitional authorizations after June 30, 2014. These wastewater systems are mostly located in small, rural communities that represent just over 1% of total wastewater volume and 2.4% of total undertreated wastewater volume in Canada. The majority (84%) of these wastewater systems are located in Newfoundland and Labrador, but there are some in every other province except Nova Scotia. Most of these regulatees have told the Department that they were either unclear whether the Regulations applied to their system or did not understand the requirements of the transitional authorization application process, including the 2014 deadline. In addition, many regulatees were not monitoring their effluent in 2013–2014, which was required to apply for a transitional authorization. When the Regulations came into force, these issues were not anticipated, and now that the 2014 application deadline has passed, there is no way for a transitional authorization to be issued, which is why the Department initiated proposed amendments in 2019.

The Regulations also allow undertreated effluent to be temporarily released at the treatment plant final discharge point when at least one of the normal treatment processes applied to the effluent needs to be bypassed to carry out repairs, maintenance and/or upgrades. The Regulations do not allow these releases elsewhere within the wastewater infrastructure (sewer system, pumping stations, overflow points, etc.), even if they are a result of required maintenance activities that ensure wastewater facilities are operating as effectively as possible. These maintenance activities are also important to prevent infrastructure failures leading to larger, uncontrolled releases of undertreated effluent. While these releases are not authorized under the Regulations, it is not always possible to avoid them given that wastewater infrastructure cannot be turned off without causing sewer backups, often in residential areas. Currently, these releases are subject to subsection 36(3) of the Fisheries Act, which prohibits the deposit of deleterious substances into water frequented by fish or any place that could reach such waters. The Act also includes requirements for notification, corrective action and reporting. The lack of requirements in the Regulations to manage all types of maintenance releases has limited the ability to proactively manage them, resulting in a lack of oversight, transparency and consistency in the types of maintenance activities that are covered under the Regulations.

Objective

The objective of the proposed Amendments is to strengthen environmental protection and to improve transparency and regulatory oversight in the management of wastewater effluent. The proposed Amendments aim to support regulatees in meeting the regulatory objectives and address administrative and operational challenges that have been identified.

Description

Transitional authorizations

The proposed Amendments related to transitional authorizations would give regulatees with low- and medium-risk systems another opportunity to apply for a transitional authorization to the end of 2030 or 2040, respectively. It is also proposed that there no longer be an end date for when an application for a transitional authorization can be made, so that new regulatees can apply in the future. The transitional authorization application process proposed under these Regulations will continue to have the same eligibility criteria and point-based approach to determine level of risk.

To be eligible for a transitional authorization, regulatees must be able to demonstrate that they are unable to meet the standards of the Regulations due to their wastewater system design. The proposed Amendments would allow regulatees to use the earliest effluent quality data that has been reported to the Department in their application. In addition, regulatees would also be required to demonstrate that their system is still not meeting the standards by submitting the most recent monitoring data.

While un-ionized ammonia data would be required in transitional authorization applications, sampling is not currently required in the Regulations. The Department is proposing to allow flexibility in demonstrating levels of un-ionized ammonia in the effluent by requiring a limited number of samples rather than a full year of data. Regulatees would not be eligible to receive a new transitional authorization if they already have one, or if they operate a high-risk wastewater system. Wastewater systems that do not meet the effluent standards and do not have a transitional authorization are out of compliance with the Regulations and the Fisheries Act.

The proposed Amendments would reduce monitoring frequency for wastewater systems with no treatment from monthly to quarterly if they have a transitional authorization. This balances the need to understand effluent quality being released with the burden of sampling raw outfalls. The proposed Amendments would increase the frequency of progress reports, from every five years to every two years, for regulatees with a transitional authorization, in order to better track progress of wastewater upgrades.

Temporary bypass authorizations

The proposed Amendments would create new requirements for temporary bypass authorizations for all planned maintenance, construction and upgrade activities occurring within wastewater infrastructure. The proposed approach is risk-based with rigorous requirements for higher-risk releases and a streamlined approach for lower-risk releases. Proposed bypasses would fall into one of three tiers, depending on the level of treatment and volume of effluent to be released. The proposed approach would also consider sensitive receiving environments such as shellfish harvesting areas or protected habitats for aquatic species. Table 1 outlines the criteria for each tier.

Table 1: Temporary bypass authorization criteria for each tier

Tier 1: Streamlined process — Bypass criteria	Tier 2: Standard process — Bypass criteria	Tier 3: Enhanced process — Bypass criteria
Small volume, short length of releases Generally some level of treatment Not released into sensitive receiving environments	Medium volume, medium length of release May or may not be treated If untreated, not released into sensitive receiving environment	Large volume, long length of release Generally untreated or very large partially treated Could be released into sensitive receiving environment

Each tier would have specific application information requirements and timelines, and compliance obligations. The first tier would be a streamlined process for low-risk releases, and applications would have to be submitted at least 21 days in advance of the bypass. Regulatees would have to confirm the bypass will minimize harm to the environment, the public has been notified and measures have been taken to reduce the impacts of the release. They would also have to complete a follow-up report describing the results of the bypass (e.g. the actual length of the bypass and the final volumes released). The second tier would be a standard process with an application submission required at least 45 days in advance. This application would require additional information (compared to tier 1) about measures taken to reduce impacts. The third tier would be an enhanced process for high-risk releases. All applications would have to be submitted at least 90 days in advance of the bypass. In addition to the information provided in Tiers 1 and 2, more detailed information would be required, including what other options were considered to prevent the release and a study that shows the potential impacts to the environment. In Tier 3, regulatees would also be required to provide a plan for sampling and monitoring. A longer application time is proposed for Tier 3 in order to allow the completion of an appropriate analysis and evaluation of impacts on the environment, and the notification and engagement of potentially impacted communities as necessary.

Administrative/operational improvements

Administrative and operational improvements are proposed throughout the Regulations to simplify regulatory requirements and provide better clarity and flexibility for regulatees. These are proposed in areas such as sampling location and timing, estimation of effluent volumes, frequency of equipment calibration, and notification requirements for unauthorized releases.

Regulatory development

Consultation

A notice of intent was published in the Canada Gazette in June 2020. This was followed by early engagement activities with key stakeholders and Indigenous groups to ensure they were informed of the Department’s intent to propose amendments. Early engagement sought general feedback on transitional and temporary bypass authorizations to inform the development of a proposed policy approach. Engagement continued until summer 2021. Incorporating feedback and comments received, the Department created a discussion document outlining a regulatory proposal.

On December 6, 2021, the Department initiated formal consultation through publication of the discussion document for a 90-day public comment period on its website. The Department notified all regulatees, national and regional Indigenous organizations, provincial authorities, key associations, environmental non-governmental organizations, and industry professionals.

The Department hosted four virtual public consultation sessions and presented at several virtual consultation sessions hosted by partners such as Municipalities of Newfoundland and Labrador, the Canadian Water and Wastewater Association and the Atlantic Canada Water and Wastewater Association. Individual meetings were also held by request with interested stakeholder groups.

Transitional authorizations

The Department received broad support for the proposed amendments on transitional authorizations, including having no fixed deadline for new applications and allowing regulatees to apply using data previously reported under the Regulations. Feedback was received that monitoring data used to apply for a transitional authorization needed to be accurate and representative of effluent quality. As a result, the approach has been modified to allow the selection of 12 months of monitoring data within a 24-month period instead of over a 15-month period for an application.

Comments received supported reducing administrative burden for communities to focus efforts on wastewater upgrades, but targeting this flexibility to small communities. In response, the Department added a size threshold (systems with an average daily influent of less than 2 500 m³) for reduced sampling and reporting for raw sewage dischargers that receive a transitional authorization. Feedback supported flexibility in showing that ammonia is not a risk factor in transitional authorization applications and also noted that ammonia levels can change seasonally. In response, the Department would require one to four samples collected for a transitional authorization application depending on the type of system.

Concerns were raised regarding the high costs of infrastructure upgrades and the need for the federal government to provide financial support. The Department has shared these concerns and continues to collaborate with Infrastructure Canada on this issue. Two non-governmental organizations expressed concerns that allowing regulatees another opportunity to apply for a transitional authorization would prolong the time until system upgrades would be made. The Department is proposing that regulatees will still be expected to upgrade their wastewater systems in the same timelines that already exist in the Regulations, regardless of when they received a transitional authorization. Regulatees that do not meet the effluent standards and do not have a transitional authorization are out of compliance with the Regulations and the Fisheries Act.

Temporary bypass authorizations

The Department also received broad support on the proposed Amendments to include releases due to required maintenance or construction throughout the wastewater system, and to establish a risk-based approach to determine the regulatory requirements that would apply. Stakeholders recognized that releases can sometimes be unavoidable and support the development of requirements to minimize environmental impacts resulting from these releases. However, consultations highlighted the need to consider different approaches to assess risk and to clarify terminology and requirements for different levels of releases. Based on this critical feedback, the Department was able to simplify the initial proposed approach to focus on the level of treatment, volume, duration, and receiving environment.

Comments were raised on how the Department would consider shellfish harvesting areas, habitat protection, species at risk and cumulative impacts within the framework. In response, the Department has proposed new criteria from the initial approach that highlight the need for more requirements and a detailed assessment when releases are near shellfish and critical habitat.

Feedback was received that there was a need to be clearer on when to engage Indigenous and nearby communities on temporary bypasses. More precision has been added to clarify the minimum requirement for each of the risk-based tiers.

Administrative/operational improvements

Most of the administrative and operational improvements proposed are in response to regulatee questions and difficulties encountered since the Regulations came into force. Feedback received throughout the pre-consultation period was positive.

Modern treaty obligations and Indigenous engagement and consultation

The Department conducted an assessment of modern treaty implications pursuant to the Cabinet Directive on the Federal Approach to Modern Treaty Implementation. The assessment did not identify any known modern treaty implications or obligations resulting from the proposed Amendments.

As of 2021, there were more than 140 wastewater systems located in Indigenous communities subject to the Regulations. In addition, many Indigenous communities and territories are located downstream of wastewater systems in other communities and can be impacted by effluent releases from them. Some Indigenous communities have voiced concerns to the Department about releases of undertreated wastewater, in particular, as it relates to temporary releases due to maintenance and construction.

Starting in 2020, as part of pre-engagement efforts, emails were sent to 60 national and regional Indigenous organizations and governments, as well as all Indigenous communities subject to the Regulations. The Department provided information about the regulatory process and offered to meet for early engagement sessions. Meetings were arranged with the Assembly of First Nations, and other regional Indigenous groups including Tribal Councils and technical associations.

The Department also organized engagement sessions with specific Indigenous communities that had previously expressed concerns to the Department on issues related to wastewater releases. In these discussions, several representatives raised concerns related to the release of 4.8 million cubic metres of untreated wastewater from Montréal’s wastewater collection system in fall 2015 and the importance of notifying and engaging Indigenous communities prior to releases. While there were concerns about the potential burden for planned releases, there was agreement that releases should have more environmental oversight. The Department used this feedback in the development of the proposed Amendments, particularly related to the proposed approach and new requirements for temporary bypass authorizations.

Following the publication of the discussion paper in December 2021, Indigenous communities and national and regional Indigenous organizations subject to the Regulations were notified via email. They were invited to participate in virtual engagement sessions related to the proposed Amendments or to contact the Department directly if they wanted to have a more targeted meeting to provide feedback on the discussion paper. All other Indigenous communities were notified either individually, or through established regional consultation and engagement protocols. The Department hosted five regional sessions for Indigenous communities.

In addition to the targeted outreach noted above, the Department was invited to present the proposed Amendments at the Assembly of First Nations Water Symposium, the Assembly of First Nations Chiefs Committee on Housing and Infrastructure and to the Atlantic First Na-tions Water Authority. Approximately 133 representatives from regional organizations and communities attended sessions.

During discussions on the proposed amendments to allow for new applications for a transitional authorization, there were no significant concerns raised. One representative recommended a need to have an application deadline to better address or enforce communities that do not apply or meet deadlines to complete wastewater upgrades. This feedback is being addressed by ensuring that regulatees clearly understand that if they do not meet the effluent standards and do not have a transitional authorization, they are out of compliance with the Regulations and the Fisheries Act. When enforcement officers become aware of an alleged violation of the Regulations or of the pollution prevention provisions of the Fisheries Act, they may take appropriate action in accordance with the Compliance and enforcement policy for habitat and pollution provisions of Fisheries Act.

There was more interest and feedback on the proposed approach to temporary bypass authorizations; Indigenous representatives were overall supportive of the approach and the Department proposing to set clear requirements on these types of releases. While recognizing that releases of undertreated wastewater are not ideal, representatives also recognized the importance of preventative maintenance and upgrade activities to prevent associated releases of undertreated wastewater are avoided whenever possible. When releases of undertreated effluent cannot be avoided, representatives stressed the importance of strong oversight and transparency. There were questions raised around the rationale for the thresholds and criteria chosen (i.e. large receiving environment not a justification for low-risk release due to cumulative impacts), consideration of cumulative impacts and traditional Indigenous knowledge. Comments also reinforced the importance of Indigenous engagement prior to releases, and to make efforts to reduce the frequency and volume of releases long term. Based on the comments received, adjustments to the proposed approach were made, such as simplifying the application approach and providing greater clarity on how and when to engage Indigenous communities. After engagement, the Department is now proposing a 90-day detailed assessment in critical habitat areas to determine impacts on species at risk. The Department has also added requirements for regulatees to develop a long-term plan to reduce these types of releases based on feedback from Indigenous communities and organizations. Departmental internal processes will be updated to ensure the review and assessment of applications for temporary bypass authorizations incorporate considerations raised such as cumulative impacts and traditional Indigenous knowledge.

Instrument choice

The Department regulates effluent released from waste-water systems under the Regulations, which are made under the Fisheries Act. The Fisheries Act does not recognize non-regulatory instruments in managing deposits of deleterious substances.^{footnote 2} Therefore, there were only two options considered: (1) to maintain the regulatory regime as is (status quo), or (2) update the regulatory regime to address the issues raised related to transitional and temporary bypass authorizations.

To manage the issue of communities failing to apply for transitional authorizations prior to June 2014, the status quo approach was rejected. This was because governments (particularly Newfoundland and Labrador), municipalities and associations flagged the significant regional issue of a lack of wastewater infrastructure and the need for predictable timelines for communities to come into compliance and complete infrastructure upgrades. Managing the issue through amendments to the Regulations was determined to be a more efficient use of Departmental and community resources than individual enforcement actions. The proposed Amendments would provide clear, consistent, and transparent timelines to both regulatees and the public on the management of wastewater upgrades across the country.

The proposed Amendments would ensure the implementation of the Canada-wide Strategy for the Management of Municipal Wastewater Effluent and the agreed upon timelines for upgrades to different risk levels of communities. Unlike with the current Regulations, the proposed Amendments would provide administrative flexibility to achieve the policy objective with the least amount of costs to public resources.

Since the Regulations came into force, the Department has increased the rigour in internal assessment processes for evaluating applications for temporary bypass authorizations, including notifications to nearby communities for higher-risk releases. This was done in response to concerns raised to the Department following the Montreal release in November 2015. For the releases that were not covered under the Regulations, improved communication channels throughout the Department were implemented to support more transparency. While this was a marked improvement in managing releases due to maintenance and construction activities, more effort is needed to continue to increase the level of oversight and transparency. This can only be achieved with the proposed Amendments.

The proposed Amendments build on existing regulatory requirements for transitional and temporary bypass authorizations, while incorporating best practices implemented through policy over the last few years. They would establish a risk-based approach based on scientific analysis, and they would reduce the burden for the regulated community.

Regulatory analysis

Benefits and costs

Analytical framework

The benefits and costs associated with the proposed Amendments were assessed in accordance with the Treasury Board Secretariat’s Canadian Cost-Benefit Analysis Guide, which includes identifying, quantifying and, where possible, monetizing the impacts associated with the policy. The incremental impacts (costs and benefits) of the proposed Amendments are determined by comparing the baseline scenario (without the proposed Amendments) with the regulatory scenario (with the proposed Amendments implemented). Incremental costs were quantified and monetized.^{footnote 3} Incremental benefits were quantified and monetized wherever possible; otherwise, they were described qualitatively.

In the baseline scenario, regulatees (owners or operators of wastewater systems) are compliant with the current Regulations (i.e. regulatees are meeting the effluent quality standards, monitoring, reporting and record-keeping provisions), with the exception of regulatees with wastewater systems eligible for a transitional authorization that did not apply for one. Regulatees that did not apply for a transitional authorization remain in non-compliance with the effluent quality standards of the Regulations; however, they are meeting the other requirements (monitoring, reporting and record keeping). As these regulatees cannot meet the standards in the short term, they are out of compliance with the Regulations and the Fisheries Act.

The regulatory scenario, which includes the proposed Amendments, assumes that all regulatees would be compliant with the Regulations once the proposed Amendments come into force. In addition to compliance with the effluent quality standards, the proposed Amendments would include amended provisions for monitoring, reporting, and record keeping. It is assumed regulatees will comply with these amended provisions. All eligible regulatees will have applied and been granted a transitional authorization, and regulatees will apply for temporary bypasses under the proposed risk-based approach.

The analytical timeframe is 20 years, which begins in 2024 (which is when the proposed Regulations would be expected to come into force). This timeframe (2024–2043) was selected to ensure that both the 2030 and 2040 timelines related to transitional authorizations are captured. Unless otherwise indicated, all values are presented in 2020 Canadian dollars, discounted at 3% to the year 2024.

Costs

• Number of years: 20 (2024 to 2043)
• Price year: 2020
• Present value base year: 2024
• Discount rate: 3%

A summary of all incremental costs relating to the proposed Amendments are presented in the following table. Cost estimates were made based on available information and the Department’s expertise.

Table 2: Monetized costs (in thousands)

Impacted stakeholder	Description of cost	2024	2025–2042	2043	Total	Annualized value
Department	Transitional authorizations	$41	$22	$0	$62	$4
Department	Temporary bypass authorizations	$17	$228	$11	$256	$17
Department	Administrative/operational changes	$263	$118	$6	$387	$26
Regulatees	Transitional authorizations	$2,446	$151	$1	$2,598	$175
Regulatees	Temporary bypass authorizations	$281	$4,338	$205	$4,824	$324
Regulatees	Administrative/operational changes	$569	$3,338	$5	$3,912	$263
All stakeholders	Total costs	$3,616	$8,196	$227	$12,039	$809

NOTE: Totals may not add up due to rounding.

Transitional authorizations

The proposed Amendments to allow new applications for a transitional authorization would have costs associated with the application process; however, the benefits would be greater due to the reduced monitoring costs for some transitional authorization holders. Costs are estimated based on the current transitional authorization application process as well as the inclusion of more frequent progress reports to the Department. For example, the average cost associated with an application is estimated at $21,500 (to develop a plan for upgrading the wastewater system). For costing purposes, it is assumed that all eligible regulatees would apply for a transitional authorization as soon as they become eligible. There are 113 regulatees expected to be eligible in the first year, with an annual growth rate of 0.08%. Department costs are representative of compliance promotion activities, reviewing all applications and reviewing progress reports. The costs for the proposed transitional authorization provisions are estimated to be $2.7 million over the 20-year period.

Temporary bypass authorizations

It is expected that the proposed Amendments would increase the number of applications for temporary bypass authorizations, as more types of maintenance and construction activities would become eligible. The current Regulations (the baseline scenario) permit temporary bypass authorizations only for bypasses at the final discharge point. The proposed Amendments would include provisions that allow for bypasses at overflow points (i.e. other than at the final discharge point) and create a three-tiered approach. It is estimated that currently, regulatees require 54 staff hours, at an average cost of $2,200,^{footnote 4} to complete a temporary bypass authorization application. This amount of time and cost is considered the baseline scenario, corresponding with a tier 2 bypass at the final discharge point under the proposed Amendments.

Under the proposed Amendments, most temporary bypass authorizations are anticipated to fall into the streamlined or standard application process categories (tier 1 and tier 2, respectively), which are generally expected to have similar or lower costs than the baseline scenario. Those that fall into the enhanced category (tier 3) would have greater costs due to the more rigor-ous process. The average cost associated with a stan-dard (tier 2) temporary bypass authorization at an overflow point is estimated at $7,200, which includes the $2,200 cost for 54 staff hours (since bypasses at overflow points are not permitted under the current Regulations, they are therefore incremental) and $5,000 to complete a more detailed follow-up report (which is required for any untreated releases). It is expected that there would be 20 such applications in the first year. The annual growth rate assumed was 1.3% for all bypasses (i.e. the same growth rate that is assumed for the regulated community).^{footnote 5}

For all tier 3 applications, it was assumed that regulatees would hire a consultant to gather the information required for these more complex releases and that they include the costs of mitigation measures as well as the development and implementation of a monitoring plan (at a total cost of $40,000). The average cost associated with a tier 3 application at the final discharge point is estimated at $40,500 ($40,000 for hiring a consultant and 12 additional staff hours due to the more rigorous application process). The average cost associated with a tier 3 application at an overflow point is estimated at $42,700 ($40,000 for hiring a consultant and 66 staff hours: 12 staff hours for the more rigorous application process and the base 54 staff hours to complete a baseline temporary bypass authorization application, since bypasses at overflow points are not permitted in the baseline scenario).

The majority of costs associated with the proposed temporary bypass authorization amendments are associated with an increased number of temporary bypass applications, since the proposed Amendments would encompass bypasses throughout the wastewater system and not only those at the final discharge point. As the work associated with these bypasses is critical to maintaining wastewater infrastructure, these releases are already occurring and are subject to the pollution prevention provisions under the Fisheries Act. Department-related costs include compliance promotion of the new scheme as well as reviewing and following up on applications. The costs for the proposed temporary bypass authorization requirements are estimated to be $5.1 million over the 20-year period.

Administrative/operational changes

While the proposed administrative/operational changes would result in some costs, overall they are expected to provide cost savings for regulatees and the Department. Costs for regulatees are based on the understanding that all regulatees would need to familiarize themselves with the amended provisions and that some regulatees will need to fill out new sections, however small they may be, in the reports that they submit through the online reporting system. For example, it was assumed that each of the regulatees would require four hours of staff time (estimated to be $164) to become familiar with the new amendments, and that the number of regulatees would increase by 1.3% every year. For the Department, there are costs associated with compliance promotion activities of the proposed Amendments, collecting and compiling additional required data, and potential enforcement activities needed for regulatees to have greater clarity on how and when to report unauthorized releases. The costs for the proposed administrative/operational changes are estimated to be $4.3 million over the 20-year period.
Overall, the proposed Amendments are estimated to result in costs of $12.0 million.

Benefits

The proposed Amendments would generate benefits by reducing unnecessary burden for regulatees, increasing environmental oversight on wastewater releases, improving regulatory clarity, and enhancing public transparency. The benefits that can be monetized are presented in the table below. All of these benefits arise from reductions in costs (cost savings) to both regulatees and the Department. The greatest benefit identified is the cost savings that would arise from the proposed administrative/operational changes for regulatees — specifically, calibrating monitoring equipment as per the manufacturer’s recommendations, rather than every year as per the current Regulations.

Table 3: Monetized benefits (in thousands)

Impacted stakeholder	Description of benefit	2024	2025–2042	2043	Total	Annualized value
Department	Transitional authorizations	$392	$4,324	$0	$4,716	$317
Department	Temporary bypass authorizations	$1	$12	$1	$13	$1
Regulatees	Transitional authorizations	$2,768	$3,591	$1	$6,360	$427
Regulatees	Temporary bypass authorizations	$4	$56	$3	$62	$4
Regulatees	Administrative/operational changes	$4,685	$38,122	$1,773	$44,580	$2,996
All stakeholders	Total benefits	$7,849	$46,105	$1,777	$55,731	$3,746

NOTE: Totals may not add up due to rounding.

Transitional authorizations

Specifically, the proposed Amendments to allow new applications for transitional authorizations would provide clear and predictable timeline requirements for regulatees to upgrade their wastewater systems. This adds clarity for the public on when facilities are expected to meet the effluent quality standards. This would also help small rural communities that receive a transitional authorization to prioritize resources for wastewater system upgrades, while continuing to provide the Department with enough information to understand current effluent quality and progress towards meeting the national standards. The proposed approach would allow the use of the earliest available monitoring data in the application submitted to the Department. This would allow regulatees that have been meeting monitoring and reporting requirements in the Regulations to apply for a transitional authorization soon after the proposed Amendments come into force. Requiring progress reports to be submitted more frequently would result in additional costs but it would also increase accountability and transparency on overall status and timing of upgrades. For eligible regulatees, cost savings are based on reduced monitoring and reporting requirements. It is proposed to reduce the monitoring and reporting frequency for regulatees that have a small continuously discharging wastewater system and are granted a transitional authorization. For low-risk regulatees (i.e. those that can have a transitional authorization until 2040), this would apply to 73 regulatees during the first year, with an annual growth rate of 0.08%. The expected cost savings are estimated to be $3.5 million over a 20-year period, or $48,000 per regulatee. For both the regulatees and the Department, there would be reduced costs associated with enforcement actions since all regulatees would be able to achieve compliance with the proposed Amendments. The monetized benefits from the proposed transitional authorization provisions are estimated to be $11.1 million over the 20-year period.

Temporary bypass authorizations

The proposed Amendments to temporary bypass authorizations recognize the essential need for wastewater infrastructure to remain operational to protect public health and prevent sewer backups into people’s homes while allowing critical maintenance work to occur throughout the wastewater infrastructure. The proposed expansion of temporary bypass authorizations would include all planned work that could result in undertreated wastewater releases. The proposed Amendments would allow for these releases to be authorized and reported accordingly and would include a new risk-based approach for assessing applications, which would increase the level of environmental protection for higher-risk releases. It would also improve transparency, accountability and oversight for all planned releases through measures such as notification, requiring plans to be made to reduce releases in the future, and monitoring impacts of the release in the environment. The increased public transparency would likewise help to reduce human health risks associated with undertreated wastewater releases since potentially impacted stakeholders will be notified ahead of a release and can take precautions to ensure their safety if using impacted waters. Cost savings are realized for both regulatees and the Department associated with streamlined (tier 1) bypass authorizations at the final discharge point. For example, it is estimated that a streamlined application would require 30 hours less of labour (amounting to approximately $1,200 in cost savings) than would an application in the baseline scenario, with three streamlined applications expected during the first year, at an annual growth rate of 1.3%. The monetized benefits from the proposed temporary bypass authorization requirements are estimated to be $75,000 over the 20-year period.

Administrative/operational changes

The proposed administrative/operational changes would provide clarity with existing requirements and industry standards and provide better regulatory alignment with existing provincial requirements. Benefits include reduced calibration frequency for monitoring equipment, reduced monitoring and reporting requirements for regulatees without wastewater treatment to focus efforts on upgrades, flexibility in sampling location and volume measurements, and aligning sampling requirements with provincial requirements in specific circumstances. For example, at an average cost of $1,600 for each calibration, reducing the frequency of calibrating the monitoring equipment from annually to that of the manufacturer’s recommendations (assumed to be once every four years) would result in three fewer calibrations during every four-year cycle for each of the 1 525 regulatees over the 20-year period. This would result in cost savings of $30.9 million. The monetized benefits from the proposed administrative/operational changes are estimated to be $44.6 million over the 20-year period.

Net impact

A summary of the net impact for all of the proposed Amendments is presented below. Net impact is calculated as total benefits minus total costs, so a positive value means a net benefit. The cost savings to regulatees and the Department for the proposed Amendments are greater than the additional costs to regulatees and the Department. Therefore, the proposed Amendments are expected to result in a net benefit of approximately $43.7 million.

Table 4: Summary of monetized costs and benefits (in thousands of dollars)

Impacts	2024	2025–2042	2043	Total	Annualized value
Total costs	$3,616	$8,196	$227	$12,039	$809
Total benefits	$7,849	$46,105	$1,777	$55,731	$3,746
Net Impact	$4,233	$37,909	$1,550	$43,692	$2,937

Small business lens

There are 34 privately owned wastewater systems subject to the Regulations. According to public data on the number of employees and annual revenue for each wastewater system owned or operated by a business, only one was identified as being owned by a small business (under 100 employees and/or under $1 million in annual revenue). This regulatee would be impacted by some of the proposed operational and administrative improvements. In 2020 prices, discounted to 2024 using a 3% discount rate, the total costs to this small business would be $4,517 and benefits would be $65,873, resulting in a net benefit of $61,356 over 10 years.

One-for-one rule

The one-for-one rule applies since there would be an increase in the administrative burden for 34 privately owned wastewater systems due to the proposed Amendments. This would include a business familiarizing themselves with the proposed Amendments and new requirements for temporary bypass authorizations. Following the International Standard Cost Mode Manual (PDF) and using a 7% discount rate, the annualized increase in administrative costs for each affected business is $16.03 and total annualized administrative costs are $545 (in 2012 Canadian dollars). This represents an “IN” under the rule.

Regulatory cooperation and alignment

The proposed Amendments would not have significant impacts related to any international agreement, obligation and/or voluntary standard. Canada and the United States are party to the Great Lakes Water Quality Agreement, which commits both countries to control pollution and clean up industrial effluents and wastewater effluents. The current Regulations already support improving transboundary water quality by addressing the most significant sources of undertreated wastewater and establishing achievable timelines to complete the necessary installations and upgrades. The proposed Amendments would not deviate from the original objective or timelines of the Regulations.

Significant analysis was done on provincial regulatory regimes to limit new or duplicate requirements, while taking into account the differences between provinces.

The Fisheries Act allows for agreements between the federal and provincial/territorial governments. These agreements are designed to reduce regulatory duplication and enhance cooperation amongst different levels of government. Under the Wastewater Systems Effluent Regulations, there are currently four agreements in place (two equivalency agreements and two administrative agreements).

The two equivalency agreements affect approximately 650 regulatees in Quebec and Yukon. The equivalency agreements and the Orders in Council that put them into effect stand down the Regulations and subsection 36(3) of the Fisheries Act for releases authorized by the Regulations in both jurisdictions. As part of the administration of the Canada-Quebec and Canada-Yukon equivalency agreements, Canada has provided written notice to the partnering governments of its intention to amend the Regulations, respecting the six-month written notice requirement of the equivalency agreements.

Following the coming into force of regulatory amendments, and as per section 4.2 of the Fisheries Act, a new equivalency assessment of Quebec and Yukon’s regimes would be completed to determine if provincial regulatory requirements are equivalent in effect to the requirements of the amended Regulations. Once this assessment is completed, the Department would be determined whether any changes to the current equivalency agreements or accompanying Orders in Council are warranted.

Quebec views the proposed Amendments as adding consistency and reducing regulatory burden for regulatees by allowing for authorizations to be provided under the Fisheries Act for releases due to maintenance activities throughout the wastewater system. Quebec sees this as an opportunity to better align the provincial and federal regimes by expanding temporary bypass authorizations to include releases from the sewer system, which is proposed in the amended Regulations. The amended Regulations would require a new equivalency assessment and new Order in Council if equivalency with the new requirements can be achieved. Yukon has not expressed any concerns with the proposed Amendments.

In addition to the two equivalency agreements, there are also two administrative agreements in place with New Brunswick and Saskatchewan. These agreements allow New Brunswick and Saskatchewan to administer the Regulations on behalf of the Department. It allows a single window for regulatees to report to the province and Department and reduces duplication. Both the federal and provincial regulations apply in these provinces.

Provinces with administrative agreements were generally supportive of the proposed Amendments. In particular, they noted that the temporary bypass and administrative and operational amendments would provide greater clarity for regulatees.

Strategic environmental assessment

A strategic environmental impact assessment was conducted to highlight the potential direct and indirect positive and negative environmental effects of the proposed Amendments.

The proposed Amendments would contribute to the 2022 to 2026 Federal Sustainable Development Strategy (FSDS) goals of “Ensure Safe and Clean Drinking Water for all Canadians”; “Conserve and Protect Canada’s Oceans”; “Protect and Recover Species, Conserve Canadian Biodiversity.” The proposed Amendments would also contribute to the United Nations 2030 Agenda and its Sustainable Development Goals (SDGs): “Good Health and Well-Being” (SDG #3); “Clean Water and Sanitation” (SDG #6); and “Life Below Water” (SDG #14). In support of these goals, the federal government will use legislation and regulations, and continue to implement regulations under the Fisheries Act, to reduce risks from wastewater and industrial effluent.

Gender-based analysis plus

Geographic location is an important determinant of which communities would be most impacted by the proposed Amendments related to transitional authorizations. The majority (84%) of potentially eligible wastewater systems are located in Newfoundland and Labrador. Most of these wastewater systems are located in small, rural communities that have declining and aging populations with limited access to financial and human resources to undergo infrastructure development.

Implementing the proposed amendments to the transitional authorization provisions disproportionately benefits households in small, rural communities, mostly located in Newfoundland and Labrador. These amendments would provide regulatees with clarity on their timelines to upgrade their systems to support their planning and financing of required infrastructure investments for the lowest financial impact to residents (through taxation or usage rates). The amended Regulations would also authorize the release of undertreated effluent under certain conditions, which include site-specific effluent quality limits, monitoring and reporting requirements, and submission of regular progress reports. Transitional authorizations allow regulatees the opportunity to be in compliance with the Regulations, allowing greater access to funding for infrastructure upgrades. The proposed Amendments aim to reduce regulatory and financial burdens on small communities, allowing them to prioritize resources towards system upgrades. The application process is proposed to allow regulatees to use data already submitted to the Department, which would allow applications and issuance of transitional authorizations to occur as soon as possible.

Under the current Regulations, Indigenous communities and municipalities downstream of wastewater treatment systems could be negatively impacted from releases of undertreated effluent for maintenance and repairs. These temporary releases can have short-term negative impacts on the use of water for recreation, drinking and fishing. Further, water holds great cultural, spiritual and socio-economic value for all Indigenous groups in Canada. Indigenous communities and organizations have expressed concern over how undertreated wastewater releases have been handled by the Department.

Poor water quality sometimes associated with these releases can result in temporary beach closures and impacts to tourism and recreation. It can also put all Canadians’ health at risk from the consumption of contaminated fish. Canadians that recreationally use water (lakes, rivers, oceans) may also be affected by releases of undertreated, or untreated wastewater. The most common age group to swim in waterways was found to be children aged one to nine.^{footnote 6} Children are also more are likely to ingest water, which can put them at a greater risk for waterborne illnesses.

The proposed temporary bypass authorization amendments would allow for more oversight for high-risk releases. This approach requires a study that outlines potential environmental impacts and more consideration of options to avoid a release or reduce impacts. It requires monitoring during and after releases so that data would be available to assess actual impacts and plans to reduce reoccurrences in the long term. The proposed approach includes requirements to notify Indigenous communities and groups, nearby communities and the public, in advance of any releases that could impact them. This would allow the public to prepare accordingly, ensure their safety if using waters recreationally and provide an opportunity for interested persons to engage and learn more about the work being conducted.

The application timelines for a temporary bypass authorization have been adjusted so that the Department can engage the Canadian Shellfish Sanitation Program and the Department of Fisheries and Oceans, which would ensure anyone harvesting or consuming harvested shellfish downstream are adequately notified when there are releases that may impact the safe consumption of fish.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed Amendments would come into force on the day on which they are registered. A delayed coming into force is not necessary as authorizations that are already in place at the time of the coming into force will continue to be in effect. In addition, the proposed temporary bypass authorization provisions would formalize existing best practices and provide additional flexibility. The proposed approach for temporary bypass authorizations would primarily target higher-risk releases and it is expected that regulatees proposing these releases will be able to meet the new application requirements upon the coming into force. After the coming into force, regulatees would continue to be required to submit reports to the Department, and this information would be used to measure compliance with the amended Regulations.

The performance of the proposed Amendments would be tracked through reporting requirements and enforcement activities. Most of the performance measurement indicators are and would continue to be made available publicly on an annual basis in the form of open data, open maps and an annual report that are published on the Department’s website. A publicly accessible registry of transitional authorizations and temporary bypass authorizations would also be developed.

The Department is responsible for conducting a yearly follow-up. Results of the follow-up will provide the federal government with the required information for yearly reporting in the Departmental Results Reports, and the Annual Report to Parliament on the Administration and Enforcement of the Fisheries Protection and Pollution Prevention Provisions of the Fisheries Act.

Compliance and enforcement

The compliance promotion approach for the proposed Amendments would include providing plain language summaries to regulatees to assist with understanding the proposed Amendments, presenting at conferences and information sessions, as well as responding to all inquiries or clarification requests sent by stakeholders and interested parties. The Department would also provide information to key associations that support their members with regulatory compliance.

Verification of compliance with the amended Regulations and the Fisheries Act would continue to be carried out through inspection activities, including site visits, sample analysis, and review of reports required under the Regulations. An enforcement officer may conduct an investigation when there are reasonable grounds to believe that an offence is being or has been committed. Enforcement officers would verify compliance with the amended Regulations in accordance with the Compliance and Enforcement Policy. If there were evidence of an alleged offence, enforcement officers would determine an appropriate enforcement action, in accordance with the Policy. The Policy sets out the range of possible responses to alleged violations, including the issuance of warnings, directions, ministerial orders, and/or court actions such as injunctions, prosecution, and penalties, such as fines and court orders upon conviction and civil suits for recovery of costs. The Policy sets out principles of fair, predictable, and consistent enforcement that govern the application of the Fisheries Act and its regulations.

Service standards

The Department has established service standards to process transitional authorization and temporary bypass authorization requests in a consistent and timely manner. Transitional authorization applications will be evaluated within 90 days of submission. Temporary bypass authorization requests would need to be submitted either 21, 45, or 90 days in advance (for low-, medium- and high-risk releases respectively) to provide adequate time for the Department’s review and decision.

Contacts

Caroline Blais
Director
Forest Products and Fisheries Act Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Telephone: 819‑918‑3778
Email: caroline.blais@ec.gc.ca
eu-ww@ec.gc.ca

Matthew Watkinson
Director
Regulatory Analysis and Valuation Division
Environment and Climate Change Canada
200 Sacré-Cœur Boulevard
Gatineau, Quebec
J8X 4C6
Telephone: 873‑469‑1452
Email: matthew.watkinson@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Regulations Amending the Wastewater Systems Effluent Regulations under subsection 36(5)^{footnote a} and paragraphs 43(1)(g.1)^{footnote b}, (g.2)^{footnote b} and (h)^{footnote b} of the Fisheries Act ^{footnote a}.

Interested persons may make representations concerning the proposed Regulations within 60 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette Part I, and the date of publication of this notice, and be sent to Caroline Blais, Director, Forest Products and Fisheries Act Division, Environment and Climate Change Canada, 351 Saint-Joseph Boulevard, 19th Floor, Gatineau, Quebec K1A 0H3 (email: eu-ww@ec.gc.ca).

Ottawa, May 18, 2023

Wendy Nixon
Assistant Clerk of the Privy Council

Regulations Amending the Wastewater Systems Effluent Regulations

Amendments

1 (1) The definition protected species in section 1 of the Wastewater Systems Effluent Regulations ^{footnote 7} is repealed.

(2) The definitions final discharge point and suspended solids in section 1 of the Regulations are replaced by the following:

final discharge point

means the point, or multiple points, other than an overflow point, of a wastewater system beyond which its owner or operator 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)

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 micrometre or smaller. (matière en suspension ou MES)

(3) The definition quarter in section 1 of the English version of the Regulations is replaced by the following:

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)

(4) The definition dérivation in section 1 of the French version of the Regulations is replaced by the following:

dérivation

S’agissant des eaux usées :

• a) soit leur détournement vers un point de débordement;
• b) soit le contournement ou l’interruption d’une ou plusieurs des étapes du traitement qui leur serait normalement appliqué avant leur rejet comme effluent, dans des eaux ou autres lieux visés au paragraphe 36(3) de la Loi, à partir du point de rejet final. (bypass)

(5) Paragraph (a) of the definition point d’entrée in the French version of the Regulations is replaced by the following:

• a) soit le point où l’effluent est rejeté dans les eaux où vivent des poissons à partir du point de rejet final ou d’un point de débordement, selon le cas;

(6) Section 1 of the Regulations is amended by adding the following in alphabetical order:

authorized representative

means

• (a) in respect of an owner or operator who is an individual, that individual or another individual who 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 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 who is authorized to act on its behalf. (représentant autorisé)

composite sample

means

• (a) a composite sample as defined by the government of the province where the intermittent wastewater system is located, or under an Act of Parliament, if applicable 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 7 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 7 hours and not more than 24 hours, if effluent is deposited throughout the day. (échantillon composite)

licensed professional

means a licensed member of an engineering or scientific professional organization who is independent of the operator of the facility and who has technical expertise in the field in question. (professionnel agréé)

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)

(7) Section 1 of the English version of the Regulations is amended by adding the following in alphabetical order:

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)

2 The portion of subsection 2(1) of the Regulations before paragraph (a) is replaced by the following:

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

3 Section 4 of the Regulations is replaced by the following:

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, constitutes a fictional consolidated wastewater system from the day on which a consolidation plan that meets the requirements of subsection (3) is received by an authorization officer until the day on which the future consolidated wastewater system is put into service.

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 system that is allocated the greatest number of points under the table to Schedule 2.

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.

4 (1) The portion of subsection 6(1) of the Regulations before paragraph (a) is replaced by the following:

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 via the system’s final discharge point 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 the effluent met — during the previous calendar year, previous quarter or previous month, as the case may be, the following conditions:

(2) Subsection 6(1)(d) of the Regulations is amended by adding “and” at the end of paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).

(3) Subsection 6(2) to (6) of the Regulations are replaced by the following:

Averaging period

(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, 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;
• (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.

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(3), 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(4) or (5), in accordance with subsection 10(6).

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 subsection 10(1), (3), (4) or (5).

Average of SS during certain months

(5) For an intermittent wastewater system or a continuous wastewater system with a hydraulic retention time of five days or more, 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 of the months of July to October if that result is greater than 25 mg/L and is caused by a bloom of algae or proliferation of aquatic invertebrates.

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.

(4) Paragraphs 6(7)(b) and (c) of the Regulations are replaced by the following:

• (b) for an intermittent wastewater system, either installing, maintaining and calibrating the monitoring equipment referred to in subparagraph 7(2)(a)(i) in accordance with section 9 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) in accordance with section 9 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);

(5) Subsection 6(7) of the Regulations is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

• (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 in accordance with a total residual chlorine test.

5 (1) Clause 7(2)(a)(i)(A) of the French version of the Regulations is replaced by the following:

• (A) soit une mesure en continu du volume de l’affluent, ou de l’effluent rejeté à partir du point de rejet final, au cours de ce jour,

(2) Paragraph 7(2)(b) of the Regulations is replaced by the following:

• (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 the final discharge point 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 the final discharge point during the previous calendar year was 2 500 m³ or less, or
  • (ii) by using a method of estimation that meets the requirements of 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 the final discharge point during the previous calendar year was less than 2 500 m³.

(3) The portion of subsection 7(3) of the Regulations before paragraph (a) is replaced by the following:

Daily volume estimate — rate of flow

(3) For the purpose of paragraph (1)(a), if the owner or operator estimates the volume of effluent deposited via the final discharge point based on the measured rate of flow referred in clause (2)(a)(i)(B) or (b)(i)(B), the estimation is to be done as follows:

(4) Subsection 7(4) of the Regulations is replaced by the following:

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%.

6 Subsections 9(1) to (3) of the Regulations are replaced by the following:

Requirements

9 (1) The owner or operator of a wastewater system referred to in subparagraph 7(2)(a)(i) or (b)(i) must install monitoring equipment that provides a continuous measure of the volume or of the rate of flow of the influent or effluent in accordance with clause 7(2)(a)(i)(A) or (B), or 7(2)(b)(i)(A) or (B), as the case may be.

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 in accordance with subparagraph 7(2)(a)(i) or (b)(i).

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, or if for any other reason such recommendations are not used to calibrate the monitoring equipment, must do so at least once in every calendar year and at least five months after the most recent calibration.

7 Section 10 of the Regulations is replaced by the following:

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 the system’s final discharge point a grab or composite sample of effluent at the following minimum frequencies:

• (a) if the period is more than 30 days, every 2 weeks, at least 7 days after the previous sample; and
• (b) if the period is 30 days or less, once.

Taking of samples — other locations

(2) Despite subsection (1), the owner or operator of an intermittent wastewater system may take a grab or composite sample of effluent at a 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 location and sampling procedure are determined by a licensed professional.

Taking of samples prior to deposit

(3) Despite subsection (1), if a grab or composite sample of effluent has been collected for the government of the province where the intermittent wastewater system is located or under an Act of Parliament within two weeks prior to the deposit at a sampling location referred to in subsection (2) 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 each period referred to in paragraph 3(a) and may use the results of the determinations made on the sample of effluent collected prior to deposit.

Taking of samples — continuous wastewater system

(4) 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 point during the previous calendar year, and must do so at the frequency set out in column 3.

TABLE

Item	Column 1 Average Daily Volume, Deposited (m3)	Column 2 Type of Sample to Be Taken	Column 3 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 2 weeks ’but at least 7 days after any previous sample
3	> 17 500 and ≤ 50 000	Composite	Weekly, with each sample taken at least 5 days after any previous sample
4	> 50 000	Composite	3 days per week, with each sample taken, at least 1 day after any previous sample

Sampling and frequency — exception

(5) Despite subsection (4), 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 regardless of the average daily volume deposited; 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.

Determination — certain deleterious substances

(6) The owner or operator must, for each sample referred to in subsection (1), (3), (4) or (5), have determined, or have caused 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.

8 Subsections 11(1) to (6) are replaced by the following:

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 is more than 2 500 m³.

Taking of samples — continuous wastewater system

(2) The owner or operator of a continuous wastewater system must, take at each of the 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 Average Daily Volume Deposited (m3)	Column 2 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 but with each sample taken at least 21 days after any previous sample

Acute lethality

(3) The owner or operator must, for each sample taken under subsection (1) or (2), determine, or cause to be determined, in accordance with section 15, whether it is acutely lethal.

Additional tests

(4) If the 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 or not it is acutely lethal in accordance with section 15.

Consecutive samples — not acutely lethal

(4.1) If three consecutive samples are determined not to be acutely lethal, subsections (1), (2) and (3) apply to subsequent samples.

Subsequent samples

(5) For greater certainty, subsection (4) applies to any subsequent sample referred to in subsection (4.1) that is determined to be acutely lethal when tested under subsection (3).

Change in Sampling Frequency

(6) 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.

9 Section 13 of the French version of the Regulations is replaced by the following:

Matières en suspension

13 La concentration de matières en suspension dans l’effluent est établie au moyen d’un essai de détermination des matières en suspension.

10 The description of “total ammonia” in subsection 14(1) of the Regulations is replaced by the following:

total ammonia is the concentration of total ammonia determined in accordance with subsection (2), expressed in mg/L as nitrogen (N); and

11 Section 16 of the Regulations is replaced by the following:

Accredited laboratory

16 A 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 requirements at the time of the determination:

• (a) the laboratory is
  • (i) accredited 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) accredited under the Environment Quality Act, CQLR, c. Q-2;
• (b) the scope of the accreditation of the laboratory includes the parameters that are determined.

12 (1) Clause 17(a)(iii)(B) of the Regulations is replaced by the following:

• (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

(2) Paragraph 17(c) of the Regulations is amended by striking out “and” at the end of subparagraph (iii) and by adding the following after subparagraph (iv):

• (v) the manufacturer’s recommendations for its operation, maintenance and calibration, with supporting documents, 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;

(3) The portion of paragraph 17(d) of the Regulations before subparagraph (ii) is replaced by the following:

• (d) for each sample referred to in subsection 10(1), (3), (4) or (5), as the case may be, and, if applicable, subsection 6(4),
  • (i) the results of the determinations referred to in subsection 10(6),

(4) Paragraph 17(d) of the Regulations is amended by adding “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

• (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;
• (iv) a statement as to whether the determination of the average 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, in accordance with subsection 6(5);

(5) Paragraph 17(e) of the Regulations is replaced by the following:

• (e) for any dechlorination system referred to in paragraph 6(7)(h),
  • (i) a description of the system,
  • (ii) the manufacturer’s specifications, the year of manufacture and the model number, if any, and
  • (iii) the results of the determination of the concentration of total residual chlorine in the effluent referred to in paragraph 6(7)(h) and a description of how that determination was made;

13 (1) Clauses 18(1)(d)(iii)(A) and (B) of the English version of the Regulations are replaced by 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,

(2) Clause 18(1)(d)(iii)(D) of the Regulations is replaced by the following

• (D) an Indigenous governing body, or

(3) Paragraph 18(1)(d) of the Regulations is amended by striking out “and” at the end of subclause (iii)(E) and by replacing subparagraph (iv) with the following:

• (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;

(4) The portion of subparagraph 18(1)(f)(ii) of the French version of the Regulations before clause (A) is replaced by the following:

• (ii) une description des eaux où vivent des poissons dans lesquelles l’effluent est rejeté, y compris :

(5) Subparagraph 18(1)(f)(iii) of the French version of the Regulations is replaced by the following:

• (iii) une mention indiquant si l’effluent est rejeté dans des eaux où vivent des poissons à partir du point de rejet final ou pénètre dans ces eaux du lieu où il a été rejeté à partir du point de rejet final;

(6) The portion of paragraph 18(1)(h) of the French version of the Regulations before subparagraph (i) is replaced by the following:

• h) à l’égard d’un point d’entrée pour chaque point de débordement, une description des eaux où vivent des poissons dans lesquelles l’effluent est rejeté, y compris :

(7) Paragraph 18(1)(i) of the Regulations is replaced by the following:

• (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.

(8) The portion of subsection 18(2) of the Regulations, before paragraph (a), is replaced by the following:

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

(9) Subsection 18(4) of the Regulations is replaced by the following:

Electronic report

(4) The identification report must be sent, within 45 days after the day on which the wastewater system is put into service, 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.

(10) Subsection 18(5) of the Regulations is replaced by the following:

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 owner’s or operator’s control, 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. However, if no form and format have been specified, it may be in any form and format.

(11) Subsection 18(6) of the Regulations is replaced by the following:

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.

14 The heading before section 19 of the Regulations is replaced by the following:

Monitoring Report and Notice

15 (1) Subparagraphs 19(1)(b)(v) and (vi) of the Regulations are replaced by the following:

• (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,

(2) Subparagraph 19(2)(a)(ii) of the Regulations is replaced by the following:

• (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

(3) Subsection 19(4) and (5) of the Regulations are replaced by the following:

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.

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 owner’s or operator’s control, 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. However, if no form and format have been specified, it may be in any form and format.

16 The Regulations are amended by adding the following after section 19:

Notice to inspector

19.1 The owner or operator of a wastewater system must notify an inspector 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.

17 Subsection 23(1) of the Regulations is replaced by the following:

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 the final discharge point or one or more 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.

18 Subsection 24(1) of the Regulations is replaced by the following:

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 the final discharge point, effluent that contains any of the deleterious substances prescribed in section 5, if the respective averages of the substances prescribed in paragraph 5(a) and (b), determined in accordance with subsection (1.1), exceed 25 mg/L.

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, in one of the first two consecutive monitoring reports where a discharge occurred; or
• (b) if the applicable reporting period under subsection 19(2) is a quarter, in four consecutive monitoring reports of the first four to eight consecutive monitoring reports.

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 of which this subsection comes into force, is not permitted to reapply for a temporary authorization.

Transitional authorization issued in 2014 – requirements

(1.3) Sections 24 to 28, as they read before the day on which this subsection comes into force, continue to apply with respect of any authorization referred to in subsection (1.2).

19 (1) Subparagraph 25(1)(e)(i) of the Regulations is replaced by the following:

• (i) half or more of the monitoring reports submitted 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,

(2) Paragraph 25(1)(e) is amended by striking out “and” at the end of subparagraph (ii), by adding “and” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):

• (iv) the owner or operator of a wastewater system may apply for a transitional authorization in accordance with under section 24,

(3) Paragraphs 25(1)(k) to (m) of the Regulations are replaced by the following:

• (k) the averages referred to in paragraphs 6(1)(a) and (b) on which the application is based, as determined in accordance with paragraph 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 determined under paragraph (k);

(4) Paragraphs 25(1)(o) and (p) of the Regulations are replaced by the following:

• (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 the Wastewater Systems Effluent Regulations, SOR/2012-139, where,
  • (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;

(5) Paragraph 25(1)(r) of the Regulations is replaced by the following:

• (r) the information referred to in paragraph 18(1)(g) for all of the combined sewer overflow points referred to in paragraph (q);

(6) The portion of paragraph 25(1)(t) of the Regulations before subparagraph (i) is replaced by the following:

• (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

(7) Subsection 25(2) of the Regulations is replaced by the following:

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 a copy of the consolidation plan referred to in subsection 4(3) instead of the plan referred to in paragraph (1)(f).

20 (1) Subparagraph 26(1)(b)(i) of the Regulations is replaced by the following:

• (i) half or more of the monitoring reports submitted 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,

(2) Paragraph 26(1)(b) of the Regulations is amended by striking out “and” at the end of subparagraph (ii) and by adding the following after subparagraph (iii):

• (iv) the owner or operator is eligible to apply for a transitional authorization under section 24; and

(3) Paragraphs 26(2)(a) and (b) of the Regulations are replaced by the following:

• (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

(4) The portion of paragraph 26(2)(c) of the Regulations before subparagraph (i) is replaced by the following:

• (c) the period beginning on the day on which the transitional authorization is issued and ending on December 31, 2040,

(5) Section 26 of the Regulations is amended by adding the following after subsection (3):

Condition of issuance — exception

(4) A transitional authorization must not be issued 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.

21 Section 27 of the Regulations is repealed.

22 (1) Subparagraph 28(1)(a)(i) of the Regulations is replaced by the following:

• (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

(2) Subparagraph 28(1)(b)(i) of the Regulations is replaced by the following:

• (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

(3) Subsection 28(1) of the Regulations is amended by adding “and” at the end of paragraph (b) and by repealing paragraph (c).

(4) The portion of paragraph 28(1)(d) before subparagraph (ii) is replaced by the following:

• (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

(5) Subsection 28(2) of the Regulations is replaced by the following:

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).

Additional conditions — chlorine usage

(3) In addition to the conditions set out in subsection (1), if chlorine or one of its compounds is being used in the treatment of wastewater, the effluent must meet the following conditions:

• (a) the average concentration of total residual chlorine in the effluent did not exceed 0.02 mg/L; and
• (b) the concentration of total residual chlorine in a grab sample of effluent did not exceed 0.10 mg/L when measured in accordance with paragraph 6(7)(h).

23 (1) Paragraph 29(1)(b) of the Regulations is replaced by the following:

• (b) implement the plan referred to in subsection 4(1), paragraphs 25(1)(f) and (s), or, if applicable, the amended plan or plans referred to in subsection (3) — in accordance with their schedules for implementation.

(2) Subsection 29(2) of the Regulations is replaced by the following:

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, as the case may be, subsection 4(1) or paragraph 25(1)(f) and (s):

• (a) July 1 of 2025, 2027 and 2029, if the period of authorization ends on December 31, 2030; and
• (b) July 1 of 2025, 2027, 2029, 2031, 2033, 2035, 2037 and 2039, if the period of authorization ends on December 31, 2040.

Compliance obligations – amended plan

(3) The progress report must include amendments to the plan referred to in subsection 4(1), paragraph 25(1)(f) or (s), along with a schedule to implement the plan.

24 (1) Subparagraph 30(e)(iii) of the Regulations is replaced by the following:

• (iii) for the average concentration of total residual chlorine, the average referred to in subparagraph 28(3)(a), and

(2) Section 30 of the Regulations is amended by striking out "and" at the end of paragraph (d), adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

• (f) the condition specified under subparagraph 28(3)(b) that must be met by installing, operating and maintaining a dechlorination system in accordance with paragraph 6(7)(h).

25 (1) Subsection 31(1) of the Regulations is replaced by the following:

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 or in their transitional authorization is outdated or contains errors, they must, without delay, send a notice to the authorization officer that indicates when the information became outdated, the reason for the errors and any corrections made, along with a statement referred to in paragraph 25(1)(t), revised.

(2) Section 31 of the Regulations is amended by adding the following after subsection (2):

Change in ownership

(3) The 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 statement referred to in paragraph 25(1)(t), revised, signed and dated by the new owner or operator or their authorized representative.

Amended transitional authorization

(4) On receipt of a notice referred to in subsection (3), the authorization officer must issue an amended transitional authorization with updates to the information referred to in paragraphs 30(a) and (c).

26 Paragraph 32(1)(e) of the Regulations is replaced by the following:

• (e) the authorization officer has reasonable grounds to believe that the plan referred to in subsection 4(1), paragraph 25(1)(f) or (s) or subsection 29(3) cannot be fully implemented before the end of the period of authorization.

27 (1) The portion of section 33 of the Regulations before paragraph (a) is replaced by the following:

Temporary Authorization — Termination

33 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 specified in subsection 6(1) if the effluent deposited via the final discharge point of the wastewater system was not acutely lethal and met the conditions for the authorization set out in paragraphs 6(1)(a) and (b) during

(2) Section 33 of the Regulations is renumbered as subsection 33(1) and is amended by adding the following:

Expiry of temporary authorization — notice

(2) If the modifications to be made to a wastewater system are completed in accordance with the plan referred in subsection 4(1), paragraph 25(1)(f) or (s), or subsection 29(3), 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).

28 (1) The portion of subsection 34(1) of the Regulations before paragraph (a) is replaced by the following:

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 any point that is 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

(2) Subsection 34(4) of the Regulations is replaced by the following:

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.

29 (1) Paragraph 35(f) of the Regulations is replaced by the following:

• (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

(2) The portion of paragraph 35(g) of the Regulations before subparagraph (i) is replaced by the following:

• (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

(3) Subparagraph 35(g)(ii) of the English version of the Regulations is replaced by the following:

• (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.

30 (1) The portion of subsection 36(1) of the Regulations before paragraph (a) is replaced by the following:

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 from the date of issuance, if

(2) Paragraph 36(1)(c) of the Regulations is replaced by the following:

• (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).

31 Paragraph 37(b) of the Regulations is replaced by the following:

• (b) that results in a 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 that is less than or equal to 0.016 mg/L, expressed as nitrogen (N).

32 Paragraph 38(b) of the Regulations is replaced by the following:

• (b) for each sample as referred to in subsection 10(1), (3), (4) or (5), determine, or cause the determination of, the concentration of un-ionized ammonia in the effluent, in accordance with section 14; and

33 Paragraph 39(e) of the Regulations is replaced by the following:

• (e) a statement 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 is deposited in that water via the final discharge point must be less than or equal to 0.016 mg/L, expressed as nitrogen (N).

34 Paragraph 40(2)(b) of the Regulations is replaced by the following:

• (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).

35 (1) Subsection 43(2) of the Regulations is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (b):

• (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 they could be affected by the bypass or that they may have used or may use the receiving environment before, during or after the bypass; and
• (d) the National Manager of the Shellfish Water Classification Program, Water Quality Monitoring and Surveillance Division, Science and Technology Branch, Department of the Environment, has been notified of the application for an authorization 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 waters.

(2) Subsection 43(3) of the Regulations is replaced by the following:

Period for application

(3) An application for a temporary bypass authorization must be made

• (a) at least 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 Schedule 7;
• (b) at least 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 accordance with Schedule 7; or
• (c) at least 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 accordance with Schedule 7.

36 (1) Section 44 of the Regulations is amended by adding the following after paragraph (c):

• (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 of 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 subparagraph 45.2(3)(b)(i) for a previous authorization, an explanation of how the bypass coincides with that plan and any amendments to that plan since it was created;

(2) Subparagraph 44(e)(ii) of the Regulations is replaced by the following:

• (ii) all overflow points where 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;

(3) Section 44 of the Regulations is amended by adding the following after paragraph (e):

• (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;

(4) Paragraph 44(h) of the Regulations is replaced by the following:

• (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, as defined in Schedule 7;

• (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 of and the results of notifications to and any engagement with members of the public, communities or Indigenous governing body that may be impacted by the proposed bypass; and

(5) The portion of paragraph 44(i) of the Regulations before subparagraph (i) is replaced by the following:

• (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

(6) Paragraph 44(i)(ii) of the English version of the Regulations is replaced by the following:

• (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.

(7) Section 44 of the Regulations is renumbered as subsection 44(1) and is amended by adding the following:

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 as determined in Schedule 7, a detailed description of the measures referred to in paragraph (1)(h.2);
• (b) for a Category 3 bypass as determined in Schedule 7:
  • (i) a detailed description of the measures referred to in paragraph (1)(h.2),
  • (ii) an assessment of alternative methods to complete the bypass that were considered but not retained, including their technical feasibility and an estimate of costs,
  • (iii) an assessment of the physical extent of the location where the effluent mixes with the receiving water and where there is a distinguishable difference from the ambient water conditions, including a description of the methodologies used to prepare the assessment, and
  • (iv) a detailed description of all effluent, water quality or biological monitoring that will be implemented to assess the effectiveness of the measures referred to in subparagraph (i) and paragraph (1)(d) and validate the assessment referred to in subparagraph (iii), including a detailed plan and schedule for monitoring before, during and after the bypass occurs.

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.

Additional information – written notice

(4) Pursuant to subsection (3), the authorization office the authorization office must provide the applicant with a written notice to specify the information to be provided and the timeline for providing it.

37 Paragraph 45(1)(a) of the Regulations is replaced by the following:

• (a) the authorization officer has reasonable grounds to believe that the conditions set out in paragraphs 43(2)(a) to (d) have been met; and

38 The Regulations are amended by adding the following after section 45:

Conditions on Temporary Bypass Authorizations

Authorized deposit

45.1 (1) A holder of a temporary bypass authorization in respect of a wastewater system is authorized, during the period of authorization, to deposit effluent that contains any of the deleterious substances prescribed in section 5 in accordance with the authorization.

General requirements

(2) A holder of a temporary bypass authorization in respect to a wastewater system must implement the mitigation and monitoring measures referred to in paragraph 44(1)(h.2) and subsection 44(2), as applicable.

Compliance Obligations

General requirements

45.2 (1) A holder of a temporary bypass authorization in respect of a wastewater system must, during the period of authorization, comply with sections 7 to 22 and 48.

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).

Final report

(3) A 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) a final report on the temporary bypass including the following information, as applicable:
  • (i) the actual duration of all deposits,
  • (ii) the actual or estimated volume of all deposits,
  • (iii) a description of the actual treatment applied to effluent, if any,
  • (iv) a description of how the mitigation, and monitoring measures referred to in paragraph 44(1)(h.2) and subsection 44(2), have been implemented, and
  • (v) the results of any monitoring referred to in subparagraph 44(2)(b)(iv) conducted during the bypass period, if applicable; and
• (b) for a Category 2 bypass as determined in Table 2 or Table 3 of Schedule 7 or a Category 3 bypass as determined in Schedule 7,
  • (i) 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 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, and
  • (ii) the holder must ensure that the plan referred to in paragraph (i) is available for examination by the public.

39 Paragraph 46(a) of the Regulations is replaced by the following:

• (a) the information referred to in paragraphs 44(1)(a), (c), (e), (e.1), (h) and (h.1);

40 Subsection 47(1) of the Regulations is replaced by the following:

Correction of information

47 (1) If the holder of the temporary authorization becomes aware that the information provided in an 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 statement referred to in paragraph 44(1)(i) with respect to the corrected application.

41 Section 48 of the Regulations is replaced by the following:

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.

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. However, if no form and format have been so specified, it may be in any form and format.

42 Section 49 of the Regulations is replaced by the following:

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, as they may be amended from time to time, and that have not been revoked.

43 Schedule 1 to the Regulations is replaced by the Schedule 1 set out in the Schedule to these Regulations.

44 The definition marine port waters in section 1 of Schedule 2 to the Regulations is replaced by the following:

marine port waters

means well flushed marine waters, for example, like a sea port or harbour. (eaux d’un port maritime)

45 The portion of paragraph 1(a) of the table to Schedule 2 to the Regulations in column 2 is replaced by the following:

Item	Column 2 Criteria
1	(a) ≤ 500

46 The portion of paragraph 3(b) of Schedule 3 to the Regulations in column 2 replaced by the following:

Section	Column 2 Criteria
3	b) an area where an aquatic species that is a protected aquatic species frequents or is found, or there is a fish spawning area, within 500 m of any point of entry where effluent is deposited in the water via the overflow point

47 Schedule 4 to the Regulations is replaced by the Schedule 4 set out in the schedule to these Regulations.

48 The portion of Schedule 5 of the Regulations beginning with “is (are) authorized” and ending with is “expressed as nitrogen (N).” is replaced by the following:

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 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 is less than or equal to 0.016 mg/L, expressed as nitrogen (N).

49 The portion of Schedule 6 to the Regulations beginning with “is (are) authorized” and ending with “[identify deposit point] .” is replaced by the following:

is (are) authorized, as of [date] , for [number of hours] , until [date] , to deposit [level of treatment] effluent of [volume in m^{footnote 3}]  in volume from [identify discharge point] into [name of point of entry and name of body of water that is frequented by fish, if different] .

This authorization is conditional on the holder implementing the monitoring and mitigation measures described in their application, as applicable.

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.

50 The Regulations are amended by adding, after Schedule 6, the Schedule 7 set out in the schedule to these Regulations.

Coming into Force

51 These Regulations come into force on the day on which they are registered.

SCHEDULES

(sections 43, 47 and 50)

SCHEDULE 1

(Section 1)

Authorization Officers

Item	Column 1 Province	Column 2 Owner	Column 3 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	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Ontario in a written agreement between the governments of Canada and Ontario related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
		Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Ontario in a written agreement between the governments of Canada and Ontario related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
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	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Quebec in a written agreement between the governments of Canada and Quebec related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
		Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Quebec in a written agreement between the governments of Canada and Quebec related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
3	Nova Scotia	His Majesty in right of Canada, 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	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Nova Scotia in a written agreement between the governments of Canada and Nova Scotia related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
		Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Nova Scotia in a written agreement between the governments of Canada and Nova Scotia related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
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 a New Brunswick or another New Brunswick body or municipality or another local authority in New Brunswick	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for New Brunswick in a written agreement between the governments of Canada and New Brunswick related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
		Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for New Brunswick in a written agreement between the governments of Canada and New Brunswick related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
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	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Manitoba in a written agreement between the governments of Canada and Manitoba related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
		Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Manitoba in a written agreement between the governments of Canada and Manitoba related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
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	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for British Columbia in a written agreement between the governments of Canada and British Columbia related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
		Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for British Columbia in a written agreement between the governments of Canada and British Columbia related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
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	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Prince Edward Island in a written agreement between the governments of Canada and Prince Edward Island related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
		Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Prince Edward Island in a written agreement between the governments of Canada and Prince Edward Island related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
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	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Saskatchewan in a written agreement between the governments of Canada and Saskatchewan related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
		Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Saskatchewan in a written agreement between the governments of Canada and Saskatchewan related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
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	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Alberta in a written agreement between the governments of Canada and Alberta related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
		Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Alberta in a written agreement between the governments of Canada and Alberta related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
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	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Newfoundland and Labrador in a written agreement between the governments of Canada and Newfoundland and Labrador related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
		Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Newfoundland and Labrador in a written agreement between the governments of Canada and Newfoundland and Labrador related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
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	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Yukon in a written agreement between the governments of Canada and Yukon related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)
		Entity referred to in clause 18(1)(d)(iii)(E) of these Regulations	(a) The holder of a position that is designated as an authorization officer for the purpose of these Regulations for Yukon in a written agreement between the governments of Canada and Yukon related to the administration of these Regulations that is published in the Canada Gazette; and (b) in the absence of such an agreement, Manager, Wastewater Section, Department of the Environment (Canada)

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) hereby authorized as of [the date of issuance referred to in subsection 26(2)] to deposit effluent that contains the deleterious substances set out below until [expiry date]^{footnote 1} from [identify final discharge point and, in the case of a fictional consolidated wastewater system referred to in section 4, 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)] to deposit effluent whose average concentration of total residual chlorine does not exceed 0.02 mg/L until [expiry date]^{footnote 2} 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 and a decholorination system is installed, operated and maintained so that a single grab sample cannot exceed a concentration of 0.10 mg/L when testing in accordance with a total residual chlorine test.

IMPORTANT: Please refer to sections 28 and 29 of these 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 these Regulations.

Authorization Officer:

SCHEDULE 7

(Paragraph 45.2(3)(d), subsection 43(3), paragraphs 44(1)(h.1), (2)(a) and (b) and 45.2(3)(b)

Criteria to Determine Bypass Category - Temporary Bypass Authorizations

Definitions

Definitions

1 The following definitions apply in this Schedule.

biological treatment

means any process applied to wastewater and enabling the removal of suspended solids and biodegradable organic matter, measured as CBOD (mg/L), from the influent. (traitement biologique)

physical treatment

means any process applied to wastewater and enabling the removal of colloidal, suspended or floatable material, measured as total suspended solids (mg/L) from the influent. (traitement physico-chimique)

precipitation event

means an accumulation of precipitation, including melting snow or ice, which causes a temporary exceedance of capacity in the wastewater treatment system, resulting in a release of untreated wastewater mixed with surface runoff and stormwater. (précipitations)

preliminary or no treatment

means any wastewater that does not undergo physical treatment or biological treatment. (pré-traitement ou aucun traitement)

List : Receiving Environment Considerations

Item	Column 1 Receiving Environment	Column 2 Criteria
1	Shellfish harvesting area	A shellfish harvesting area is within 1500 m of any point of entry where effluent is deposited in the water via the final discharge point or overflow points; and
2	Critical habitat	An identified critical habitat for protected aquatic species is within 500 m of any point of entry where effluent is deposited in the water via the final discharge point or overflow point(s).

TABLE 1: Wastewater effluent released during bypass receives physical treatment or biological treatment

Item	Column 1 Factor	Column 2 Criteria	Column 3 Bypass Type
1	The proposed bypass meets all of the following criteria:	a) Estimated volume ≤ 25 000 m3 and the approximate duration referred to in paragraph 44(g) is ≤ 240 hours; and b) Bypass is at the final discharge point or one or more overflow points all of whose points of entry is in a water or place that regularly receives wastewater during normal conditions;	Category 1
2	The proposed bypass meets all of the following criteria:	a) Estimated volume is >500 000 m3 and approximate duration referred to in 44(g)is > 2,160 hours; and b) Bypass meets at least one of the criteria associated with List: Receiving Environment Considerations; and	Category 3
3	The proposed bypass meets the following criterion:	All other bypasses where the released effluent receives physical treatment or biological treatment	Category 2

TABLE 2: Wastewater effluent released during bypass and received preliminary or no treatment

Item	Column 1 Factors	Column 2 Criteria	Column 3 Bypass Type
1	The proposed bypass meets all of the following criteria:	a) Estimated volume is ≤ 2 500 m3 or the approximate duration referred to in 44(g) is ≤ 48 hours; and b) Bypass is at the final discharge point or one or more overflow points all of whose points of entry is in a water or place that regularly receives wastewater during normal conditions	Category 1
2	The proposed bypass meets any of the following criteria:	a) Estimated volume is > 50 000 m3 or approximate duration referred to in 44(g) is > 720 hours; or b) Estimated volume is > 25 000 m3 or duration of the bypass is > 360 hours; and bypass meets one or more of the criteria associated with List: Receiving Environment Considerations	Category 3
3	The proposed bypass meets the following criterion:	All other bypasses where the released effluent receives no treatment or preliminary treatment only	Category 2

TABLE 3: Wastewater effluent released during bypass is due to reduced capacity of the system caused by precipitation events

Item	Column 1 Factors	Column 2 Criteria	Column 3 Bypass Type
1	The proposed bypass meets all of the following criteria:	a) Estimated volume is ≤5 000 m3 or the period of work referred to in 44(f) is ≤ 96 hours; and, b) Bypass is at the final discharge point or one or more overflow points all of whose points of entry is in a water or place that regularly receives wastewater during normal conditions	Category 1
2	The proposed bypass meets all of the following criteria:	a) Estimated volume is > 100 000 m3 or the period of work referred to in 44(f) is > 1,440 hours; and b) Bypass meets one of the criteria associated with List: Receiving Environment Considerations	Category 3
3	The proposed bypass meets the following criterion:	All other bypasses due to reduced capacity of the system caused by precipitation events	Category 2

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