Schedule 41.1

IT IS ORDERED, pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice, that the amount set opposite each of the offences in the attached Items of Schedule 41.1 under the Provincial Statutes and Regulations thereunder is the Set Fine.

This Order comes into effect on the 12th day of January 2009.

DATED AT TORONTO this 12th day of January 2009.

ORIGINAL SIGNED BY:

Annemarie E. Bonkalo, Chief Justice
Ontario Court of Justice

Schedule 41.1
Regulation 318/08 under the Health Protection and Promotion Act
Item Column 1 Column 2
Section
Set Fine
1. Owner fail to display warning notice at tap subsection 7 (4) $295.00
2. Owner fail to ensure weekly inspection of warning notices subsection 7 (5) $95.00
3. Owner fail to ensure check done at appropriate interval subsection 7 (6) $95.00
4. Owner fail to ensure record made of weekly inspection of warning notices clause 7 (7) (a) $95.00
5. Owner fail to ensure weekly inspection records are retained for five years at appropriate location clause 7 (7) (b) $95.00
6. Owner fail to ensure water provided by the system meets Ont. Drinking Water Quality Standards paragraph 1 of subsection 8 (1) $295.00
7. Operator fail to ensure water provided by the system meets Ont. Drinking Water Quality Standards paragraph 1 of subsection 8 (1) $295.00
8. Owner fail to ensure the small drinking water system is operated in accordance with requirements under regulation subparagraph 2 i of subsection 8 (1) $295.00
9. Operator fail to ensure the small drinking water system is operated in accordance with requirements under regulation subparagraph 2 i of subsection 8 (1) $295.00
10. Owner fail to ensure system is maintained in a fit state of repair subparagraph 2 ii of subsection 8 (1) $245.00
11. Operator fail to ensure system is maintained in a fit state of repair subparagraph 2 ii of subsection 8 (1) $245.00
12. Owner fail to ensure sampling requirements are complied with paragraph 3 of subsection 8 (1) $245.00
13. Owner fail to ensure testing requirements are complied with paragraph 3 of subsection 8 (1) $245.00
14. Owner fail to ensure monitoring requirements are complied with paragraph 3 of subsection 8 (1) $245.00
15. Operator fail to ensure sampling requirements are complied with paragraph 3 of subsection 8 (1) $245.00
16. Operator fail to ensure testing requirements are complied with paragraph 3 of subsection 8 (1) $245.00
17. Operator fail to ensure monitoring requirements are complied with paragraph 3 of subsection 8 (1) $245.00
18. Owner fail to designate operator — sampling subsection 8 (2) $245.00
19. Owner fail to designate operator — submission of report subsection 8 (2) $245.00
20. Owner fail to designate operator — receipt of report subsection 8 (2) $245.00
21. Owner fail to ensure workers hold a limited subsystem operators’ certificate clause 8 (3) (a) $245.00
22. Owner fail to ensure workers hold a conditional operators’ certificate clause 8 (3) (b) $245.00
23. Operator fail to obtain drinking water testing services from licensed provider subsection 9 (1) $245.00
24. Owner fail to comply with direction of M.O.H. relating to the use of laboratories located outside ofOntario subsection 9 (4) $245.00
25. Operator fail to advise the M.O.H. of alternative laboratory which they will be using subsection 9 (4) $245.00
26. Operator fail to immediately report adverse test result to M.O.H. subsection 10 (1) $295.00
27. Operator fail to immediately report adverse test result to owner subsection 10 (2) $295.00
28. Operator fail to ensure provision of water treatment equipment section 11 $295.00
29. Owner fail to ensure the proper construction and maintenance of well section 12 $245.00
30. Operator fail to ensure the proper construction and maintenance of well section 12 $245.00
31. Owner fail to notify M.O.H. — building permit number issued in relation to the construction or alteration of small drinking water system clause 13 (1) (a) $45.00
32. Owner fail to notify M.O.H. — preparations complete clause 13 (1) (b) $45.00
33. Owner fail to notify M.O.H. — proposed supply date clause 13 (1) (c) $45.00
34. Owner fail to notify M.O.H. — operator name or address clause 13 (1) (d) $45.00
35. Owner fail to notify M.O.H. — owner name or address clause 13 (1) (d) $45.00
36. Owner fail to notify M.O.H. —  system name or address clause 13 (1) (e) $45.00
37. Owner fail to ensure information is made available for public inspection section 14 $95.00
38. Operator fail to ensure information is made available for public inspection section 14 $95.00
39. Operator fail to ensure retention of documents and records for at least five years subsection 15 (1) $95.00
40. Operator fail to ensure document, record or other information is provided within specified period subsection 15 (2) $95.00
41. Fail to provide written notice in form provided or approved by the Ministry subsection 16 (1) $45.00
42. Fail to provide report in form provided or approved by the Ministry subsection 16 (1) $45.00
43. Fail to post warning notice in form provided or approved by the Ministry subsection 16 (1) $45.00
44. Owner fail to ensure sampling and testing of water samples in accordance with assigned frequency Schedule 1, section 1-2 $245.00
45. Operator fail to ensure sampling and testing of water samples in accordance with assigned frequency Schedule 1, section 1-2 $245.00
46. Owner fail to ensure second water sample taken and immediately tested for chlorine residual Schedule 1, subsection 1-3 (1) $295.00
47. Operator fail to ensure second water sample taken and immediately tested for chlorine residual Schedule 1, subsection 1-3 (1) $295.00
48. Samples — fail to take in form of grab samples Schedule 1, section 1-4 $95.00
49. Chlorine residual — fail to ensure testing of water samples using direct electronic direct readout colourimetric or amperometric chlorine analyzer Schedule 1, section 1-5 $95.00
50. Chlorine residual — failure to ensure testing of water samples using other appropriate device Schedule 1, section 1-5 $95.00
51. Owner fail to ensure water sample taken and handled in accordance with laboratory directions — collection procedures Schedule 1, clause 1-6 (a) $95.00
52. Operator fail to ensure water sample taken and handled in accordance with laboratory directions — collection procedures Schedule 1, clause 1-6 (a) $95.00
53. Owner fail to ensure water sample taken and handled in accordance with laboratory directions — use of containers Schedule 1, clause 1-6 (b) $95.00
54. Operator fail to ensure water sample taken and handled in accordance with laboratory directions — use of containers Schedule 1, clause 1-6 (b) $95.00
55. Owner fail to ensure water sample taken and handled in accordance with laboratory directions — labeling of samples Schedule 1, clause 1-6 (c) $95.00
56. Operator fail to ensure water sample taken and handled in accordance with laboratory directions — labeling of samples Schedule 1, clause 1-6 (c) $95.00
57. Owner fail to ensure water sample taken and handled in accordance with laboratory directions — completion and submission of forms Schedule 1, clause 1-6 (d) $95.00
58. Operator fail to ensure water sample taken and handled in accordance with laboratory directions — completion and submission of forms Schedule 1, clause 1-6 (d) $95.00
59. Owner fail to ensure water sample taken and handled in accordance with laboratory directions — methods of transporting samples Schedule 1, clause 1-6 (e) $95.00
60. Operator fail to ensure water sample taken and handled in accordance with laboratory directions — methods of transporting samples Schedule 1, clause 1-6 (e) $95.00
61. Owner fail to ensure water sample taken and handled in accordance with laboratory directions — time periods for delivery of samples Schedule 1, clause 1-6 (f) $95.00
62. Operator fail to ensure water sample taken and handled in accordance with laboratory directions — time periods for delivery of samples Schedule 1, clause 1-6 (f) $95.00
63. Owner fail to ensure written notice provided to M.O.H. to identify laboratory testing sample Schedule 1, section 1-7 $95.00
64. Operator fail to ensure written notice provided to M.O.H. to identify laboratory testing sample Schedule 1, section 1-7 $95.00
65. Owner fail to ensure appropriate recording of sample Schedule 1, section 1-8 $95.00
66. Operator fail to ensure appropriate recording of sample Schedule 1, section 1-8 $95.00
67. Large municipal non-residential system and large non-municipal non-residential system — owner fail to ensure weekly distribution sample taken Schedule 2, subsection 2-2 (1) $295.00
68. Large municipal non-residential system and large non-municipal non-residential system — operator fail to ensure weekly distribution sample taken Schedule 2, subsection 2-2 (1) $295.00
69. Large municipal non-residential system and large non-municipal non-residential system — owner fail to ensure weekly sample tested for E.coli Schedule 2, clause 2-2 (2) (a) $295.00
70. Large municipal non-residential system and large non-municipal non-residential system — operator fail to ensure weekly sample tested for E.coli Schedule 2, clause 2-2 (2) (a) $295.00
71. Large municipal non-residential system and large non-municipal non-residential system — owner fail to ensure weekly sample tested for total coliforms Schedule 2, clause 2-2 (2) (b) $245.00
72. Large municipal non-residential system and large non-municipal non-residential system — operator fail to ensure weekly sample tested for total coliforms Schedule 2, clause 2-2 (2) (b) $245.00
73. Large municipal non-residential system and large non-municipal non-residential system — shutdowns of at least seven days — owner fail to ensure no drinking water supplied until samples taken and tested Schedule 2, subsection 2-3 (2) $295.00
74. Large municipal non-residential system and large non-municipal non-residential system — shutdowns of at least seven days — operator fail to ensure no drinking water supplied until samples taken and tested Schedule 2, subsection 2-3 (2) $295.00
75. Small municipal non-residential system and non-municipal seasonal residential system — owner fail to ensure distribution sample taken at least once every two weeks Schedule 3, subsection 3-2 (1) $295.00
76. Small municipal non-residential system and non-municipal seasonal residential system — operator fail to ensure distribution sample taken at least once every two weeks Schedule 3, subsection 3-2 (1) $295.00
77. Owner of non-municipal seasonal residential system fail to ensure minimum distribution sample taken per 100 service connectors Schedule 3, subsection 3-2 (2) $295.00
78. Operator of non-municipal seasonal residential system fail to ensure minimum distribution sample taken per 100 service connectors Schedule 3, subsection 3-2 (2) $295.00
79. Owner of small non-municipal non-residential system fail to ensure monthly distribution sample taken Schedule 3, subsection 3-2 (3) $295.00
80. Operator of small non-municipal non-residential system fail to ensure monthly distribution sample taken Schedule 3, subsection 3-2 (3) $295.00
81. Owner of small non-municipal non-residential system serving a food service establishment fail to ensure distribution sample taken as directed by the M.O.H. Schedule 3, subsection 3-2 (3) $295.00
82. Operator of small non-municipal non-residential system serving a food service establishment fail to ensure distribution sample taken as directed by the M.O.H. Schedule 3, subsection 3-2 (3) $295.00
83. Owner of small municipal non-residential system, non-municipal seasonal residential system or non-municipal non-residential system fail to ensure samples collected are tested for E. coli Schedule 3, clause 3-2 (4) (a) $295.00
84. Operator of small municipal non-residential system, non-municipal seasonal residential system or non-municipal non-residential system fail to ensure samples collected are tested for E. coli Schedule 3, clause 3-2 (4) (a) $295.00
85. Owner of small municipal non-residential system, non-municipal seasonal residential system or non-municipal non-residential system fail to ensure samples collected are tested for total coliforms Schedule 3, clause 3-2 (4) (b) $245.00
86. Operator of small municipal non-residential system, non-municipal seasonal residential system or non-municipal non-residential system fail to ensure samples collected are tested for total coliforms Schedule 3, clause 3-2 (4) (b) $245.00
87. Small municipal non-residential system, non-municipal seasonal residential system and non-municipal non-residential system — shutdowns of at least seven days — owner fail to ensure no drinking water supplied until samples taken and tested Schedule 3, subsection 3-3 (3) $295.00
88. Small municipal non-residential system, non-municipal seasonal residential system and non-municipal non-residential system — shutdowns of at least seven days — operator fail to ensure no drinking water supplied until samples taken and tested Schedule 3, subsection 3-3 (3) $295.00
89. Operator fail to immediately report in prescribed manner Schedule 4, subsection 4-4 (1) $295.00
90. Operator fail to immediately report by speaking in person or by telephone to M.O.H. Schedule 4, subsection 4-4 (2) $295.00
91. Operator fail to immediately report by speaking to person designated by owner Schedule 4, subsection 4-4 (4) $295.00
92. Operator fail to provide written notice Schedule 4, subsection 4-5 (1) $295.00
93. Operator fail to provide written notice within 24 hours of immediate report Schedule 4, subsection 4-5 (2) $295.00
94. Operator fail to properly deliver written notice to medical officer of health Schedule 4, subsection 4-5 (3) $295.00
95. Operator fail to specify adverse test result Schedule 4, subsection 4-6 (1) $295.00
96. Operator fail to indicate actions taken in response to adverse test result Schedule 4, clause 4-6 (3) (a) $295.00
97. Operator fail to indicate whether corrective action taken in respect of adverse test result Schedule 4, clause 4-6 (3) (b) $295.00
98. Operator fail to provide written notice of resolution of issue to the M.O.H. Schedule 4, section 4-7 $45.00
99. Operator fail to immediately report adverse observation in prescribed manner Schedule 4, section 4-8 $295.00
100. Corrective action — E. coli — owner fail to immediately take all reasonable steps to notify users Schedule 5, paragraph 1 of section 5-2 $295.00
101. Corrective action — E. coli — operator fail to immediately take all reasonable steps to notify users Schedule 5, paragraph 1 of section 5-2 $295.00
102. Corrective action — E. coli — Owner fail to immediately resample and test Schedule 5, paragraph 2 of section 5-2 $295.00
103. Corrective action — E. coli — Operator fail to immediately resample and test Schedule 5, paragraph 2 of section 5-2 $295.00
104. Corrective action — E. coli — system uses chlorine — owner fail to appropriately flush the distribution system Schedule 5, subparagraph 3 i of section 5-2 $295.00
105. Corrective action — E. coli — system uses chlorine — owner fail to appropriately flush plumbing Schedule 5, subparagraph 3 i section 5-2 $295.00
106. Corrective action — E. coli — system uses chlorine — operator fail to appropriately flush the distribution system Schedule 5, subparagraph 3 i of section 5-2 $295.00
107. Corrective action — E. coli — system uses chlorine — operator fail to appropriately flush plumbing Schedule 5, subparagraph 3 i of section 5-2 $295.00
108. Corrective action — E. coli — system uses chlorine — owner fail to maintain chlorine residual in affected parts of distribution system and plumbing Schedule 5, subparagraph 3 ii of section 5-2 $295.00
109. Corrective action — E. coli — system uses chlorine — operator fail to maintain chlorine residual in affected parts of distribution system and plumbing Schedule 5, subparagraph 3 ii of section 5-2 $295.00
110. Corrective action — E. coli — system does not use chlorine — owner fail to ensure corrective action is taken in accordance with the Ministry’s Procedure for Corrective Action for Small Drinking Water Systems that are Not Currently Using Chlorine Schedule 5, paragraph 4 of section 5-2 $295.00
111. Corrective action —E. coli — system does not use chlorine — operator fail to ensure corrective action is taken in accordance with the Ministry’s Procedure for Corrective Action for Small Drinking Water Systems that are Not Currently Using Chlorine Schedule 5, paragraph 4 of section 5-2 $295.00
112. Corrective action — E. coli — owner fail to ensure corrective action taken as instructed by the M.O.H. Schedule 5, paragraph 5 of section 5-2 $295.00
113. Corrective action — E. coli — operator fail to ensure corrective action taken as instructed by the M.O.H. Schedule 5, paragraph 5 of section 5-2 $295.00
114. Corrective action — total coliforms — Owner fail to resample and test Schedule 5, paragraph 1 of section 5-3 $245.00
115. Corrective action — total coliforms — Operator fail to resample and test Schedule 5, paragraph 1 of section 5-3 $245.00
116. Corrective action — total coliforms — system uses chlorine — owner fail to appropriately flush the distribution system Schedule 5, subparagraph 2 i of section 5-3 $245.00
117. Corrective action — total coliforms —  system uses chlorine — owner fail to appropriately flush plumbing Schedule 5, subparagraph 2 i of section 5-3 $245.00
118. Corrective action — total coliforms — system uses chlorine — operator fail to appropriately flush the distribution system Schedule 5, subparagraph 2 i of section 5-3 $245.00
119. Corrective action — total coliforms — system uses chlorine — operator fail to appropriately flush plumbing Schedule 5, subparagraph 2 i of section 5-3 $245.00
120. Corrective action — total coliforms — system uses chlorine — owner fail to maintain chlorine residual in affected parts of distribution system and plumbing Schedule 5, subparagraph 2 ii of section 5-3 $245.00
121. Corrective action — total coliforms — system uses chlorine — operator fail to maintain chlorine residual in affected parts of distribution system and plumbing Schedule 5, subparagraph 2 ii of section 5-3 $245.00
122. Corrective action — total coliforms — system does not use chlorine — owner fail to ensure corrective action is taken in accordance with the Ministry’s Procedure for Corrective Action for Small Drinking Water Systems that are Not Currently Using Chlorine Schedule 5, paragraph 3 of section 5-3 $245.00
123. Corrective action — total coliforms — system does not use chlorine — operator fail to ensure corrective action is taken in accordance with the Ministry’s Procedure for Corrective Action for Small Drinking Water Systems that are Not Currently Using Chlorine Schedule 5, paragraph 3 of section 5-3 $245.00
124. Corrective action — total coliforms — owner fail to ensure corrective action taken as instructed by the M.O.H. Schedule 5, paragraph 4 of section 5-3 $245.00
125. Corrective action — total coliforms — operator fail to ensure corrective action taken as instructed by the M.O.H. Schedule 5, paragraph 4 of section 5-3 $245.00
126. Corrective action — Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) — Owner fail to resample and test Schedule 5, paragraph 1 of section 5-4 $295.00
127. Corrective action — Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) — Operator fail to resample and test Schedule 5, paragraph 1 of section 5-4 $295.00
128. Corrective action — Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) — system uses chlorine — owner fail to appropriately flush the distribution system Schedule 5, subparagraph 2 i of section 5-4 $295.00
129. Corrective action — Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) — system uses chlorine —  operator fail to appropriately flush the distribution system Schedule 5, subparagraph 2 i of section 5-4 $295.00
130. Corrective action — Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) — system uses chlorine — owner fail to appropriately flush plumbing Schedule 5, subparagraph 2 i of section 5-4 $295.00
131. Corrective action — Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) — system uses chlorine — operator fail to appropriately flush plumbing Schedule 5, subparagraph 2 i of section 5-4 $295.00
132. Corrective action — Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) — system uses chlorine — owner fail to maintain chlorine residual in affected parts of distribution system and plumbing Schedule 5, subparagraph 2 ii of section 5-4 $295.00
133. Corrective action — Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) — system uses chlorine — operator fail to maintain chlorine residual in affected parts of distribution system and plumbing Schedule 5, subparagraph 2 ii of section 5-4 $295.00
134. Corrective action —  Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) — system does not use chlorine – owner fail to ensure corrective action is taken in accordance with the Ministry’s Procedure for Corrective Action for Small Drinking Water Systems that are Not Currently Using Chlorine Schedule 5, paragraph 3 of section 5-4 $295.00
135. Corrective action — Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) — system does not use chlorine — operator fail to ensure corrective action is taken in accordance with the Ministry’s Procedure for Corrective Action for Small Drinking Water Systems that are Not Currently Using Chlorine Schedule 5, paragraph 3 of section 5-4 $295.00
136. Corrective action — Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) — owner fail to ensure corrective action taken as instructed by the M.O.H. Schedule 5, paragraph 4 of section 5-4 $295.00
137. Corrective action — Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) — operator fail to ensure corrective action taken as instructed by M.O.H. Schedule 5, paragraph 4 of section 5-4 $295.00
138. Corrective action — chemical and radiological parameters — Ont. Drinking Water Quality Standards — owner fail to resample and test Schedule 5, paragraph 1 of section 5-5 $295.00
139. Corrective action — chemical and radiological parameters — Ont. Drinking Water Quality Standards — operator fail to resample and test Schedule 5, paragraph 1 of section 5-5 $295.00
140. Corrective action — chemical and radiological parameters — Ont. Drinking Water Quality Standards — owner fail to take steps as required by M.O.H. Schedule 5, paragraph 2 of section 5-5 $295.00
141. Corrective action — chemical and radiological parameters — Ont. Drinking Water Quality Standards — operator fail to take steps as required by M.O.H. Schedule 5, paragraph 2 of section 5-5 $295.00
142. Corrective action — pesticide not listed in Schedule 2 — Ont. Drinking Water Quality Standards — owner fail to resample and test Schedule 5, paragraph 1 of section 5-6 $295.00
143. Corrective action — pesticide not listed in Schedule 2 — Ont. Drinking Water Quality Standards — operator fail to resample and test Schedule 5, paragraph 1 of section 5-6 $295.00
144. Corrective action — pesticide not listed in Schedule 2 — Ont. Drinking Water Quality Standards — owner fail to take steps as required by M.O.H. Schedule 5, paragraph 2 of section 5-6 $295.00
145. Corrective action — pesticide not listed in Schedule 2 — Ont. Drinking Water Quality Standards — operator fail to take steps as required by M.O.H. Schedule 5, paragraph 2 of section 5-6 $295.00
146. Corrective action — sodium — owner fail to resample and test Schedule 5, paragraph 1 of section 5-7 $245.00
147. Corrective action — sodium — operator fail to resample and test Schedule 5, paragraph 1 of section 5-7 $245.00
148. Corrective action — sodium — owner fail to take steps as required by M.O.H. Schedule 5, paragraph 2 of section 5-7 $245.00
149. Corrective action — sodium — operator fail to take steps as required by M.O.H. Schedule 5, paragraph 2 of section 5-7 $245.00
150. Corrective action — report required — owner fail to ensure remaining components of corrective action completed Schedule 5, section 5-8 $295.00
151. Corrective action — report required — operator fail to ensure remaining components of corrective action completed Schedule 5, section 5-8 $295.00
152. Owner fail to ensure warning notices are posted Schedule 6, subsection 6-2 (1) $245.00
153. Operator fail to ensure warning notices are posted Schedule 6, subsection 6-2 (1) $245.00
154. Owner fail to post warning notice in prominent location Schedule 6, subsection 6-2 (2) $245.00
155. Operator fail to post warning notice in prominent location Schedule 6, subsection 6-2 (2) $245.00
156. Owner fail to ensure that warning notices contain the appropriate statement Schedule 6, subsection 6-2 (2) $245.00
157. Operator fail to ensure that warning notices contain the appropriate statement Schedule 6, subsection 6-2 (2) $245.00
Ontario Court of Justice