Guidance For Providing Safe Drinking Water in Areas of Federal Jurisdiction - Version 1

Appendix 1: Legislation and Policies

Because the Canada Labour Code, its regulations, and the Treasury Board Sanitation Directive all have similar text regarding potable water issues, the text included below is complete for the potable water sections of the Treasury Board Sanitation Directive, and then just the first paragraph is identified for the other regulations. The citation for the legislation and/or Treasury Board Directive is provided for each regulation, as well as the website address, should you want to access the full text. Note that the electronic version of statutes and regulations on Justice Canada's website are unofficial. For the official version, the reader is referred to the Revised Statutes of Canada and the Canada Gazette.

A: Canada Labour Code and Related Regulations: Sections 125(1)j and 125(1)z.11

A1. Canada Labour Code ( R.S. 1985, c. L-2 )

Note: The Canada Labour Code is posted on Justice Canada's web site at http://laws.justice.gc.ca/en/L-2/index.html

PART II
OCCUPATIONAL HEALTH AND SAFETY

125. (1) Without restricting the generality of section 124, every employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity,

(j) provide, in accordance with prescribed standards, potable water;

(z.11) provide to the policy committee, if any, and to the work place committee or the health and safety representative, a copy of any report on hazards in the work place, including an assessment of those hazards;

A2. Related Regulations

a) The Canada Labour Code is the enabling statute for the following regulations:

Canada Occupational Safety and Health Regulations ⁽⁷⁾

9.24. "Every employer shall provide potable water for drinking, personal washing and food preparation that meets the standards set out in the Guidelines for Canadian Drinking Water Quality (GCDWQ) 1978, published by authority of the Minister of National Health and Welfare."

(SOR/86-304)
Note: full text is available at: http://laws.justice.gc.ca/en/L-2/SOR-86-304/index.html

Aviation Occupational Safety and Health Regulations ⁽⁴⁾

4.9 Every employer shall provide employees with potable water for drinking, personal washing and food preparation that, where reasonably practicable, meets the standards set out in the publication entitled Guidelines for Canadian Drinking Water Quality, 1978, as amended in March 1990 and published under the authority of the Minister of National Health and Welfare.

(SOR/87-182)
Note: full text is available at: http://laws.justice.gc.ca/en/L-2/SOR-87-182/index.html

Marine Occupational Safety and Health Regulations ⁽³⁶⁾

7.24 (1) Every employer shall provide employees with potable water for drinking and food preparation that meets the standards set out in the Guidelines for Canadian Drinking Water Quality, 1978, as amended in March 1990, published under the authority of the Minister of National Health and Welfare.

(SOR/87-183)
Note full text is available at: http://laws.justice.gc.ca/en/L-2/SOR-87-183/index.html

On-Board Trains Occupational Safety and Health Regulations ⁽⁴⁵⁾

6.19 (1) Subject to subsection (2), every employer shall provide employees with potable water for drinking, personal washing and food preparation that meets the standards set out in the publication entitled Guidelines for Canadian Drinking Water Quality, 1978, as amended in March 1990, published under the authority of the Minister of National Health and Welfare.

(DORS/87-184)
Note full text is available at: http://laws.justice.gc.ca/en/L-2/SOR-87-184/index.html

Oil and Gas Occupational Safety and Health Regulations

10.19 Every employer shall provide potable water for drinking, personal washing and food preparation that meets the standards set out in the Guidelines for Canadian Drinking Water Quality, 1978, published by authority of the Minister of National Health and Welfare.

(SOR/87-612)
Note full text is available at http://laws.justice.gc.ca/en/L-2/SOR-87-612/index.html

B: Treasury Board Sanitation Directive

Chapter 2-18 - Sanitation Directive (paragraphs 44-50 - potable water)
Excerpted from: Treasury Board of Canada Secretariat. Occupational Safety and Health Directives and Standards. Chapter 2-18: Sanitation Directive.

Note: The Treasury Board Sanitation Directive is on the Treasury Board Secretariat's web site at:
http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TBM_119/chap2_18_e.asp

Potable water

44. Water for drinking, personal washing and food preparation shall be potable and meet the standards set out in the Guidelines for Canadian Drinking Water Quality 1987, published by authority of the Minister of Health and Welfare.
45. Where it is necessary to transport water for drinking or washing, only sanitary containers and sanitary methods of handling the water shall be used.
46. Wherever a storage container for drinking water is used it shall be:
    1. securely covered and closed;
    2. used only for the purpose of storing potable water;
    3. maintained in a sanitary condition;
    4. used in such a way that, when water is drawn from the container, the water does not become contaminated; and
    5. disinfected in a manner approved by Health and Welfare Canada at least once each 7 days while in use, and before the container is used following storage.
47. Except where drinking water is provided by a fountain, there shall be provided:
    1. an adequate supply of single-use drinking cups in a sanitary container located near the water container; and
    2. a non-combustible covered receptacle for the disposal of used drinking cups.
48. The use of a common drinking cup is prohibited.
49. Ice that is added to drinking water or used for the contact refrigeration of foodstuffs shall be made from potable water and shall be stored and handled so as to prevent it from becoming contaminated. Ice handling equipment, as well as the storage area, should be regularly disinfected.
50. Where drinking water is supplied by a drinking fountain:
    1. the fountain shall meet the standards set out in ARI Standard 1010-82, Standard for Drinking-Fountains and Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers; and
    2. the fountain shall not be installed in a personal service room containing a toilet.

Plumbing System

18. Every plumbing system that supplies potable water and removes water-borne waste:

1. shall meet the standards set out in the Canadian Plumbing Code; and
2. subject to paragraph 18 shall be connected to a municipal sanitation sewer or water main.

20. For the eventuality that the supply of potable water and water for the removal of water-borne waste is temporarily interrupted, departments shall establish contingency procedures. Such procedures shall be established with the advice of Health and Welfare Canada and in consultation with the appropriate Safety and Health Committee(s).