Our philosophy is to provide clients with unique and cost-effective

solutions.  In doing so, we place great emphasis on knowledge sharing

to ensure we leave clients with the skills, experience and confidence to

carry the results of projects forward.

Tavares Group Blog

Might municipal councillors be held personally liable for drinking water?

By: Marisa Reynen, Sustainability Associate, Tavares Group Consulting Inc.
October 2012

Sections 14 and 19 of Ontario’s Safe Water Drinking Act, 2002 (SWDA) are set to come into force on 31 December 2012. Section 14 outlines the ability of municipalities to delegate duties related to their drinking water system to an accredited operating authority, including the duty to ensure water safety. However, Section 19 is proving to be a cause for concern. This section prescribes personal duty to any person overseeing the operating authority or in a decision-making position regarding the drinking water system. That duty is to:

  • exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation; and
  • act honestly, competently and with integrity, with a view to ensuring the protection and safety of the users of the municipal drinking water system. 2002, c. 32, s. 19 (1).

Any person who is found to have failed to carry out this duty is guilty of an offence. Pursuant to the offence, the individual is liable to jail, fines, administrative liability, and potentially civil suits. The contrast is also starkly made between provincial and municipal employees; the former being protected under the SWDA, while the latter is specifically denied similar treatment.

So, what are municipal employees to do? How might they prove their diligence and competency in the face of questions? Perhaps the best path might be to develop acceptable standards for training and competency with input from across the province.

Tavares Group provides auditing services for municipal drinking water quality management systems within the province of Ontario. Now, more than ever, it is of the utmost importance to ensure strict adherence to the SWDA and Drinking Water Quality Management Standard, 2006 (DWQMS).