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Implementation of the Potable Water on Board Trains, Vessels, Aircraft and Buses Regulations

Information Session and Discussion with Canadian Industry

Spring-Summer 2016

Travelling Public Program

Public Health Agency of Canada

Objectives of the Session

• Provide an overview of the Potable Water on Board Trains, Vessels,

Aircraft and Buses Regulations, which will come into force on

September 23, 2016.

• Review approach and resources available to assist operators

through the transition to the new regulations.

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Modernized Potable Water Regulations

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• On September 23, 2016, new regulations will modernize and replace

the 1954 Potable Water Regulations for Common Carriers.

• The new regulations will help protect the public by managing risks

associated with water supplied to them while travelling on board

conveyances.

• The regulations modernize public health requirements while offering

more flexibility to operators.

• They are made under the Department of Health Act. Section 4(2)e of

the Act states that the powers, duties and function of the Minister of

Health include: “the protection of public health on railways, ships,

aircraft and all other methods of transportation, and their ancillary

services”.

Development of the New Regulations

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• The new regulations are based on extensive consultations with

industry, public health authorities, transportation authorities and

international partners.

• Industry discussions were held in 2011 and 2013, and the full

proposal was published in the Canada Gazette, Part I in May 2015

and June 2015 for 75-day public review periods.

• Stakeholders were supportive of the need for modernized regulations.

• Comments related to flexibility and cost, technical clarifications, and

redundancy for foreign operators were addressed and are reflected in

the final regulations.

A sincere thank you to all who commented during the

development process – Input was invaluable to

developing the new regulations.

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What’s in the New Regulations?

The regulations apply to operators who serve water to passengers on

board conveyances and set out requirements for:

• Quality and quantity of water and ice

• Water supplies

• Potable water system requirements

• Routine sampling of on-board potable water systems

• Bottled water and prepackaged ice

• Serving water from small containers

• Handling and dispensing water and ice on board

• Measures in case of reasonable grounds to believe water has been

contaminated

• Record keeping

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Application of the Regulations

• Limited to passenger conveyances that are authorized to carry at least

25 people, including: • Aircraft operating in Canada.

• Interprovincial and international passenger trains, and trains used on a

railway declared to be a work for the general advantage of Canada.

• Interprovincial and international vessels including cruise ships and

passenger ferries.

• Interprovincial and international buses.

• Regulations will not apply to: • Intra-provincial vessels and buses.

• Some intra-provincial trains.

• Conveyances that transport only cargo.

• Urban transit systems.

• Ancillary services such as passenger terminals.

• Aircraft that fly over Canada or vessels that cross provincial or

international borders without stopping for passengers to board or exit.

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Key Definitions

Contamination: means the presence of chemical, physical, radiological

or microbiological parameters in water or the addition of such parameters

to water — other than for disinfection of the water, a potable water

system or a potable water container — in a quantity or concentration that

renders or may render the water non-potable.

Disinfection: means a chemical, physical or radiological process, or

series of processes, that is part of the decontamination process and that

is intended to remove or inactivate microbiological parameters that are

human pathogens such as viruses, bacteria and protozoa.

• Focus is on end result (not method of disinfection), in order to ensure

flexibility for operators to choose a method that works for their

operations, and that can evolve over time as new technologies are

introduced.

• Key difference compared to PWRCC.

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Key Definitions

Operator: means a person who carries on a business of transporting

passengers.

• Regulatory requirements apply to the operator.

Passenger: means a person who travels on board a conveyance under

a contract, but does not include the master, pilot or driver of the

conveyance, or a member of the crew working on board the conveyance.

Potable water system: means any equipment that is used on board a

conveyance solely for handling, treating, storing or distributing water that

is intended to be used for:

(a) for drinking, hand-washing or oral hygiene by passengers;

(b) for food preparation for passengers; or

(c) in the form of ice, for the contact refrigeration of food or added to

beverages intended for passengers.

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Means of Serving Water

• If water is provided to passengers, it must be potable (free from

contamination).

• Water must be provided in sufficient quantity for the intended

purposes.

• Water must be supplied:

1) by an onboard potable water system,

2) as prepackaged bottled water, or

3) from a small potable water container

• Requirements for potable water systems and small potable water

containers are set out in these Regulations.

• Requirements for prepackaged bottled water (and ice) are covered

in the Food and Drugs Act and Division 12 of the Food and Drugs

Regulations.

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Water Supply

Measures must be taken to ensure that water is free from contamination

when it is taken from the water supply.

• Operators have flexibility to load water from many different water

supplies (such as water loaded directly from municipal supplies, via

water hauler, internationally through a private supplier etc.).

• Flexibility comes with responsibility to ensure water is safe when

loaded on board.

• Appropriate measures will depend on the water supply and specific

situations, and may include oversight of water haulers through

contracts, staying aware of government advisories, sampling water

supplies, etc.

• PHAC has developed guidance for different situations and

Environmental Health Officers (EHOs) can support you to identify and

implement appropriate measures for your operations.

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Design, Construction and Operation of On-Board Potable

Water Systems

• Potable water systems need to be designed, constructed and

operated to prevent the risk of contamination by implementing

measures to:

(a) protect the water during loading;

(b) prevent backflow

(c) protect filling connections and cross connections, and;

(d) protect the system from tampering.

• PHAC has developed guidance for different situations and EHOs can

support you to identify and implement appropriate measures for your

operations.

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Labelling System Components

• Each storage tank and filling connection needs to be labelled, and other

system components needs to be easily identifiable.

• Water tanks and filling connections always need to be labelled.

• Other system components such as outlets and pipes do not necessarily

need to be labelled, provided they will not be confused with other

systems.

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Routine Sampling and Disinfection (Regulatory Schedule)

• Conveyances with active on-board potable water systems must

routinely sample for E. coli.

– Operators may select from different sampling frequencies

depending on disinfection practices.

– Sampling sites are set-out, with flexibility for different on-board

configurations.

• Buses not required to do routine sampling (very few buses have active

on-board potable water systems).

• Samples must be analyzed for E. coli in accordance with a method for

the analysis of potable water set out in Part 9000 of Standard Methods

for the Examination of Water and Wastewater. – Operators may send samples to an accredited laboratory or complete

testing themselves (e.g. cruise ships that have mobile laboratories on

board).

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Schedule – Sampling Sites:

Vessels without accommodations and that do not load

water while making way, Aircraft, and Trains

Sampling sites:

(a) a tap in the galley or bar and a tap in one lavatory facility;

(b) if there is no tap in one of the locations referred to in paragraph (a), a

tap in another location referred to in that paragraph and another tap in a

different location on board; or

(c) if there is only one tap on board, that tap.

• If there are more than 2 taps on board, operators can select which to

sample from (recommendation is to rotate through, to cover the whole

system periodically).

• Most sampling events will require 2 samples (1 at the galley or bar, 1 in

a lavatory).

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Schedule – Routine Sampling:

Vessels without accommodations and that do not load

water while making way, and Aircraft Sampling frequency, during a 12 month period:

• Minimum frequency of routine sampling could range from once every 3 months to

once every 12 months, depending on disinfection and flushing practices.

• “During a 12-month period” – operators must commit to a specific frequency; cannot

decide to change frequencies in the middle (which could lead to large gaps between

sampling or disinfection activities).

• Sampling only required when conveyances is in operation – for example, if a ferry or

small tourist boat that travels to Boldt Castle is following (A) but is out of

commission for 4 months, 1 routine sample could be skipped; however, if the vessel

operates even 1 day during the 3-month period, operator must do the sample and

keep a record.

Minimum Sampling Frequency Disinfection and Flushing

A) Once in each 3 month period

- Minimum of 45 days between samples Not specified

B) Once in each 6-month period

- Minimum of 90 days between samples At least once in each 4 month period

C) Once in each 12-month period,

- Minimum of 180- days between samples At least once in each 3 month period

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Schedule – Routine Sampling: Trains

Sampling frequency, during a 12, 24 or 36 month period:

• Each rail car is considered a separate conveyance and must be sampled.

• Minimum frequency of routine sampling could range from once every 3 months

to once every 36 months, depending on disinfection and flushing practices – in

line with U.S. Administrative Order of Consent with Amtrak which must sample

its fleet on a 3 year cycle.

• Most sampling events will require 2 samples (1 at the galley or bar, 1 in a

lavatory).

Minimum Sampling Frequency Disinfection and Flushing

A) Once in each 12 month period

- Minimum of 180 days between samples

Not specified

B) Once in each 24 month period

- Minimum of 360 days between samples At least once in each 4 month period

C) Once in each 36 month period,

- Minimum of 540 days between samples At least once in each 3 month period

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Schedule – Vessels with Accommodations and/ or

Producing Potable Water on Board

SAMPLING SITES FREQUENCY OF SAMPLING,

The following four sites:

(a) a tap at the forward end;

(b) a tap at the aft end;

(c) a tap at the farthest point from the potable water storage tanks

(that tap is typically by the bridge, on the upper deck); and

(d) a tap at the closest point to the potable water storage tanks

(that tap is typically on the lower deck).

Sampling from each site, once in each

month during which the vessel is in

operation.

• Monthly sampling required for whenever vessels are operating in Canada –

schedule and sites are consistent with US requirements (vessel Sanitation

Program).

• Would apply to cruise ships and some ferries (passenger accommodations OR

producing water – either enough to trigger this more frequent routine sampling

requirement).

• All sampling events will require 4 samples.

• Since there will be more than 4 taps on board, recommendation is to rotate

through, to cover the whole system periodically.

• Disinfection and flushing frequency not set out (see VSP Guidelines; routine D&F at

least every 2 years, or more, during dry or wet docks).

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Addressing Contamination

• Sample results must be free from E. coli.

• If water sampling results indicate contamination or there are

reasonable grounds to believe the water has ben contaminated,

operators must.

– Disinfect, decontaminate, repair or replace the system to ensure

the contamination is removed, and take a sample to verify this.

– Investigate the cause of contamination, and assess whether

other conveyances in the fleet could have been affected.

• Contamination is not limited to E. coli - could encompass any

microbiological, chemical, radiological or physical contamination.

• Decontamination steps and sampling analysis will depend on the

contaminant.

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Routine Disinfection and Flushing

Routine or planned disinfection and flushing of on-board potable water

systems is required:

• As per the regulatory Schedule, depending on frequency of routine

water sampling.

• Before a system is placed in service for the first time or seasonally.

This would need to be followed by a water sample.

• Following repair, maintenance, replacement of the system, or other

activities that could have contaminated the system; note that if only

an isolated part of the system was affected, only that part needs to

be disinfected and flushed before it is returned to service.

• This is in addition to disinfecting and flushing potable water systems

following suspected or confirmed (microbiological) contamination.

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Handling Water and Ice On Board

Measures must be taken to prevent the risk of contamination when:

• Water is served on board, for example, using single-serve cups for

passengers or a tap when dispensing water from a large container

(over 5L).

• Loading, storing, moving and handling small water containers (i.e.

jugs used for water, tea, coffee etc.). These containers must be

maintained in a sanitary condition and readily moveable by one

person.

• Ice is made on board or it is loaded, stored, moved and handled on

the conveyance.

– Water used for making ice on board must meet all of the

requirements set out in these regulations.

– Like water, all ice must be free from E. coli.

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Record Keeping

Records required:

• Routine sampling: sample sites, date, time and results.

• Sampling in response to suspected or confirmed contamination:

Sample sites, date, time, type of analysis and results.

• Routine disinfection and flushing: Date, time and method.

• Corrective measures following suspected or confirmed

contamination: Date, time and details of disinfection,

decontamination, flushing, replacement or other corrective

measures.

• Investigation of contamination and assessment of impacts on fleet:

results, details of response measures taken, and dates of actions.

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Record Keeping

• All records need to be kept accessible for examination by an inspector

(an EHO) for a period of 12 months.

– Records related to water sampling and disinfection for rail operators

following extended sampling schedules must be kept for 24 or 36

months.

• Records may be stored in hard-copy or electronically.

• Records do not need to be kept on board conveyances. They may be

held by the operator or by another entity (such as a third party

contracted for disinfection and flushing).

• Records must be readily accessible for examination by an EHO (for

example, upon request).

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Key Differences Compared to the PWRCC

The PWRCC and the new regulations both set out requirements for water

served to passengers on board conveyances, but there are some key

differences:

.

Provision PWRCC New Regulations

Routine

Disinfection and

Flushing

Operators required to flush

and disinfect their on board

potable water systems using

chlorine or live-steam every

30-90 days.

No prescribed technology – performance

based requirement around removing

contamination.

Operators have flexibility to set frequency

based on routine sampling schedule and

operational requirements.

Routine

Sampling and

Record Keeping

No requirements

Requirements introduced in line with

modern public health practices for water

safety.

Vessel

Construction

and Plan

Review

Requirements for tank

placement on vessels and

plan reviews

No requirements set out for tank

placement on vessels or plan review;

already required through Transport

Canada’s Marine Technical Review

Board

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Considerations for Foreign Industry Operating in Canada

• Over 100 international companies operate 500+ passenger conveyances in

Canada at any time. Most of these operators are already subject to water

regulations in their home jurisdiction.

• All operators (Canadian and foreign) are subject to Canadian legislation when

operating in Canada. Foreign operators have been subject to the PWRCC and

will continue to be covered by the new regulations.

• In order to reduce regulatory duplication, foreign operators with a single stop in

Canada are excluded from : routine sampling and associated record keeping

and assessments of impacts of contamination on their fleet.

• The Public Health Agency of Canada maintains authority to board all foreign

passenger conveyances in Canada to inspect for compliance (including water

sampling), and to investigate in relation to public health incidents.

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Transition to the New Regulations

• The new regulations come into effect on September 23, 2016.

• On that day, the Potable Water Regulations for Common Carriers will

be repealed.

• The Travelling Public Program is fully committed to supporting you in a

smooth transition to the new regulatory framework over the coming

months through the following:

1) Regulatory preparedness reviews

2) New guidelines

3) Transition oversight activities: additional inspections, assessments

and sampling

4) Responsiveness to all questions.

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Regulatory Preparedness Reviews

• Over the coming weeks, EHOs will be contacting Canadian operators to

schedule regulatory preparedness reviews.

• This is an opportunity to assess existing potable water practices.

• Reviews will account for the complexity of operations (for example,

whether or not you use on-board potable water systems; types of water

supplies, availability of existing standard operating procedures or

management plans etc.)

• EHOs will help operators identify any steps needed to reach

compliance with the new regulations before they come into effect, and

will work with you to develop a plan.

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New Guidelines

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• New guidelines will support

operators and EHOs to identify

and address potential public

health risks related to potable

water.

• Both regulatory requirements

and best public health practices

are detailed.

• EHOs will begin using new

guidelines immediately, to help

operators be prepared for new

requirements in September.

Travelling Public Program Oversight

• PHAC’s Travelling Public Program will continue to work to protect the

health of the travelling public through the reduction of risks from food,

water and sanitary conditions.

• EHOs will be overseeing the transition to the new regulations, as well

as compliance and enforcement activities of the new regulatory

requirements. Activities will include:

• Public health inspections.

• Support for development of industry management systems

designed to identify and prevent or mitigate public health risks.

• Water sampling

• Surveillance and monitoring.

• Complaint and outbreak investigation.

• Frequency of inspections, assessments and outreach will continue to

be informed by relative public health risk.

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What if there is a Public Health Risk or Violation of the

New Regulations?

• Industry operators should all develop and implement management systems

or procedures to identify, prevent or mitigate water safety risks.

• Management systems help operators to keep water supplies safe and

to take action quickly and effectively when issues do arise.

• EHOs are available to help you develop, update and implement

management systems that will help you reach compliance with the new

regulatory requirements.

• PHAC’s role is oversight and we will continue with the same series of

public health activities we have been doing in the past: assessments,

inspections, sampling and training.

• When a regulatory violation or risk is identified, we will work with the

operator to explain the risk and make recommendations for how to

resolve or mitigate it.

• This may include requesting the operator take action and provide a

Corrective Action Report, re-inspecting, sampling, offering additional

training or some other solution.

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Compliance and Enforcement

• We all share the same goals of safe water, food and environmental

sanitation for passengers.

• In the vast majority of cases, we have been able to work with operators

to achieve compliance, and we expect that to continue in the future

once the new regulations have been implemented.

• PHAC will take a progressive approach to compliance and

enforcement. The level of intervention will be aligned with factors such

as the risk level and likelihood of reoccurrence.

• This is in line with how EHOs have been administering the PWRCC

and the Food and Drugs Act on board passenger conveyances, and

how PHAC has always approached its other legislative authorities.

• When regulatory compliance is not achieved, enforcement action may

be taken.

.

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Compliance and Enforcement Continuum

Generating Compliance

Monitoring and

Assessing

Compliance

Responding to Non-

Compliance and

Enforcement

TPP Communication:

Training presentations

Guidance documents

Q&A sheets

Discussions

Regulatory consultations

Support development and

implementation of operator

Management Systems:

Self-Assessments

Correct Deficiencies

Inspections

Assessments

Verifications

Monitoring

Sampling

Feedback

Letter of non-compliance

Meet with operator

Request to dispose,

destroy or stop using.

Seizure and detention

Recommend Prosecution (Under Section 787 of the

Criminal Code, violations of

the new regulations carry a

maximum penalty of six

months of imprisonment, a

fine of $5000, or both).

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• Preventing problems and issues before they happen is more efficient,

and will contribute to improved public health outcomes.

Recap: What Does This Mean Moving Forward?

• New regulations for water served to passengers on board

conveyances come into force in September 2016.

• The regulations offer more flexibility for industry to adopt new and

emerging technology, supported by oversight through industry

sampling and record keeping.

• PHAC’s focus remains promoting and protecting public health.

– Regulatory oversight activities such as inspections, assessments

and sampling will continue to be targeted based on risk.

• EHOs are available to support operators to achieve regulatory

compliance. A regulatory review tool and new Guidelines will

support the transition.

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Travelling Public Program:

Contact Information and References

tpp.ppv@phac-aspc.gc.ca

Sara Strawczynski, Senior Policy Analyst - Regulations

613-716-9059

24/7 On-call support: 1-877-742-2538

Potable Water on Board Trains, Vessels, Aircraft and Buses Regulations:

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2016-43/FullText.html

Regulatory Impact Analysis Statement (scroll down on page)

http://www.gazette.gc.ca/rp-pr/p2/2016/2016-03-23/html/sor-dors43-eng.php

Program Website:

http://www.phac-aspc.gc.ca/cepr-cmiu/ophs-bssp/quar/tpp-ppv-eng.php

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