A Balanced Approach to SDWA Regulatory Compliance

Introduction to CCIL CCIL represents the independent testing laboratories sector. Part of a $2.3-billion-dollar-a-year industry that employs 20,000 skilled workers. Members operate more than 330 lab facilities, many located in Ontario. We work collaboratively with the Ministry. We deliver the bulk of the drinking water testing in this province.

The Issue How MOE currently deals with the late reporting of adverse drinking water test results. We are NOT advocating for a diminishment of existing enforcement powers. But we ARE suggesting that not all violations are equal, and that the Ministry needs a broader range of compliance tools.

Concerns In addition to the excessive penalties, we’re also concerned about other consequences. Legal costs. Damage to reputations. Protracted process. Adversarial climate. Potential loss of testing capacity.

More Balance and Flexibility Not all violations are equal. Each incident needs to be dealt with based on its particular circumstances. If significant risk, or lab wilfully negligent or a repeat offender, then prosecution may be justified. Supported by industry. In situations where low potential for harm, laboratory has a good record, MOE should have an alternative course open to it.

Proposed Solution Retain existing powers of prosecution. Add Administrative Monetary Penalties (AMP) as an another enforcement tool.

AMP Offers Advantages Quicker process, resulting in more timely compliance. A less combative, adversarial approach. Allows MOE to consider the circumstances and to tailor its response.

Human Error CCIL members carry out 1000s of tests every day. We meet the province’s reporting requirements % of the time. Late reporting usually the result of human error. ISO recognizes that human errors occur. AMP would also acknowledge human error and work to correct deficiencies.

AMP Adopted in Other Legislation Highway Traffic Act Environmental Protection Act Municipal Act Ontario Energy Board Act Accessibility of Ontarians with Disability Act Private Career Colleges Act

AMP and the SDWA Section 121 of the SDWA. Yet to be proclaimed. Opportunity lost after December 2012.

Ask We ask the Minister to proclaim the regulations establishing AMP as another option for handling non-compliance.