S-4.1.1, r. 1.1 - Regulation respecting the control of lead in water in facilities and private residences where educational childcare is provided

À jour au 24 octobre 2025

Ce document a valeur officielle.

chapter S-4.1.1, r. 1.1

Regulation respecting the control of lead in water in facilities and private residences where educational childcare is provided

Educational Childcare Act

(chapter S-4.1.1, s.106, 1st par., subpars. 3.1, 4, 12, 30 and 31).

CHAPTER I GENERAL

D. 43-2025, c. I.

1. Educational childcare providers must ensure that the water used for drinking or preparing food or beverages that they make available to persons as part of the educational childcare services they provide in a facility or private residence, as applicable, meets the drinking water quality standard relating to lead, specifically the maximum concentration of lead set out in section 2 of Schedule 1 of the Regulation respecting the quality of drinking water (chapter Q-2, r. 40).

Educational childcare providers whose facility or residence, as applicable, is situated north of the 55th parallel, may, instead of complying with Chapters II and III and sections 22 and 23, choose to install a filter or other water treatment system for lead removal, to be used and maintained according to the manufacturer’s instructions, on any tap, the water from which is used for drinking or preparing food or beverages that they make available to persons as part of providing educational childcare services.

For the purposes of this Regulation, the word “tap” includes fountains.

D. 43-2025, s. 1.

2. Permit holders whose facility where they provide educational childcare is situated in an Indian reserve or settlement and who certify to the Minister, in the manner determined by the Minister, that they are applying measures to control lead in water, in partnership with the federal government, aimed at achieving the objective prescribed by the first paragraph of section 1, are considered to comply with the provisions of this Regulation.

The same applies with respect to home educational childcare providers whose residence where they provide educational childcare is situated in such an Indian reserve or settlement. In that case, childcare providers must send the certification referred to in the first paragraph to the home educational childcare coordinating office that granted their recognition. The coordinating office must send a copy of the certification to the Minister as soon as possible.

D. 43-2025, s. 2.

CHAPTER II INITIAL SAMPLE COLLECTION, METHOD, ANALYSIS AND DOCUMENTS

D. 43-2025, c. II.

DIVISION I INITIAL SAMPLE COLLECTION

D. 43-2025, Div. I.

3. In order to verify compliance with the drinking water quality standard relating to lead, educational childcare providers must collect samples from the water used for drinking or preparing food or beverages that they make available to persons, as part of providing childcare services, during the July to September quarter after

1°  the date of issue of their permit, the date of adding a new facility to their permit or the effective date of recognition as an educational childcare provider, as applicable;

2°  the date of the change of address of a facility that appears on the permit or the change of the address of the residence where the childcare is provided that appears on the notice of acceptance of the person who applied for recognition.

In the case of a permit issued in the July to September quarter, the educational childcare provider must instead carry out the sample collection referred to in the first paragraph during the July to September quarter of the year that follows the issue of the permit. The same applies, with the necessary modifications, in the case where the addition of a new facility on a permit, the effective date of recognition or the change of address of a facility or residence occurs in the July to September quarter.

D. 43-2025, s. 3.

4. The number of samples required for the sampling carried out pursuant to section 3 is one sample from

1°  each tap in a permit holder’s facility, the water from which is used for drinking or preparing food or beverages that the permit holder makes available to persons as part of providing childcare services; or

2°  the main tap in the residence of a home educational childcare provider.

For the purposes of applying this Regulation, a “main tap” is the tap, the water from which is most often used for drinking or preparing food or beverages that the educational childcare provider makes available to persons as part of providing childcare services.

D. 43-2025, s. 4.

5. In addition to the situations referred to in section 3, educational childcare providers must also collect samples of the water used for drinking or preparing food or beverages that they make available to persons as part of providing childcare services, in order to verify compliance with the drinking water quality standard relating to lead, at the request of the Minister when the Minister has reasonable cause to believe that the water may contain lead or that a childcare provider has failed to comply with the provisions of this Regulation, in which case the Minister may carry out the sample collection.

The number of samples required for sampling carried out pursuant to the first paragraph is one sample per tap in the facility or residence, as applicable.

D. 43-2025, s. 5.

DIVISION II METHOD AND ANALYSIS

D. 43-2025, Div. II.

6. Educational childcare providers must collect and keep any water sample required under this Regulation in compliance with the provisions of section 1 of Schedule 4 of the Regulation respecting the quality of drinking water (chapter Q-2, r. 40), except the provisions of subparagraphs 2, 3 and 5 of the first paragraph of that section, and in compliance with sections 2.1 and 12 of Schedule 4, with the necessary modifications.

D. 43-2025, s. 6.

7. Educational childcare providers must, as soon as possible after the collection of a water sample required under this Regulation, send the sample to a laboratory accredited under section 118.6 of the Environment Quality Act (chapter Q-2) in order to verify the sample’s compliance with the drinking water quality standard relating to lead.

Educational childcare providers must also certify, in the manner prescribed by the Minister, that the water sample was collected, kept and sent to an accredited laboratory in compliance with the provisions of this Regulation and send a copy of the certification to the accredited laboratory.

D. 43-2025, s. 7.

DIVISION III TRANSMISSION AND RETENTION OF DOCUMENTS

D. 43-2025, Div. III.

8. An educational childcare provider must send a copy of the certification referred to in the second paragraph of section 7 along with a copy of the results of the analysis of the concentration of lead in the water carried out by an accredited laboratory

1°  to the Minister, if the childcare provider is a permit holder; or

2°  to the home educational childcare coordinating office that granted recognition if the childcare provider is a home educational childcare provider.

The home educational childcare coordinating office must keep at its principal establishment a copy of the documents the office receives pursuant to subparagraph 2 of the first paragraph for as long as the childcare provider is recognized and for 6 years after the cessation of the childcare provider’s operations.

The educational childcare provider must keep in the facility or residence where the educational childcare services are provided, as applicable, for as long as services are provided, a copy of the documents sent pursuant to the first paragraph.

D. 43-2025, s. 8.

CHAPTER III MONITORING AND CORRECTIVE MEASURES

D. 43-2025, c. III.

DIVISION I OBLIGATIONS AIMED AT ENSURING MONITORING OF THE CONCENTRATION OF LEAD IN THE WATER

D. 43-2025, Div. I.

§ 1 . — Permit holders

D. 43-2025, Sd. 1.

9. If all the water samples collected pursuant to section 3 and referred to in subparagraph 1 of the first paragraph of section 4 meet the drinking water quality standard relating to lead, the permit holder must ensure the monitoring of the concentration of lead in the water in accordance with the second and third paragraphs.

During the July to September quarter of the fifth year following the year during which the permit holder carried out the sample collection referred to in the first paragraph, the permit holder must collect a new water sample only from the facility’s main tap.

That sample collection must be carried out every 5 years provided the concentration of lead in the water meets the drinking water quality standard relating to lead.

D. 43-2025, s. 9.

10. If among the water samples collected pursuant to section 3 and referred to in subparagraph 1 of the first paragraph of section 4, at least one sample fails to meet the drinking water quality standard relating to lead, the permit holder must verify whether the water sample taken from the facility’s main tap meets that standard.

If so, the permit holder must collect a new water sample from the main tap during the July to September quarter of the fifth year following the year during which the permit holder carried out the sample collection referred to in section 3.

If not, if at least one other water sample collected from a tap pursuant to section 3 meets the drinking water quality standard relating to lead, the permit holder must collect a new water sample from such a tap during the July to September quarter of the fifth year following the year during which the childcare provider carried out the sample collection referred to in section 3.

That sample collection must be carried out every 5 years in the cases where water was sampled pursuant to the second or third paragraphs, provided it meets the drinking water quality standard relating to lead.

D. 43-2025, s. 10.

11. If a water sample collected pursuant to the second or third paragraphs of section 9 or the second, third or fourth paragraphs of section 10 fails to meet the drinking water quality standard relating to lead, the permit holder must ensure the monitoring of the concentration of lead in the water in accordance with the second, third, fourth and fifth paragraphs.

Within 30 days of being informed of the noncompliance with the drinking water quality standard relating to lead, the permit holder must collect samples from all the water taps in the facility that have not yet been the subject of corrective measures or have not been taken out of service under section 16, the water from which is used for drinking or preparing food or beverages that the permit holder makes available to persons as part of providing educational childcare services.

If at least one water sample collected from a tap pursuant to the second paragraph meets the drinking water quality standard relating to lead, the permit holder must collect a new water sample from such a tap during the July to September quarter of the fifth year following the year during which the childcare provider carried out the sample collection referred to in the second paragraph.

That sample collection must be carried out every 5 years provided the concentration of lead in the water meets the drinking water quality standard relating to lead.

If a water sample collected pursuant to the third or fourth paragraph fails to meet the drinking water quality standard relating to lead, the permit holder must repeat the steps described in the second, third and fourth paragraphs.

D. 43-2025, s. 11.

§ 2 . — Home educational childcare providers

D. 43-2025, Sd. 2.

12. If a water sample collected pursuant to section 3 and referred to in subparagraph 2 of the first paragraph of section 4 meets the drinking water quality standard relating to lead, the home educational childcare provider must ensure the monitoring of the concentration of lead in the water in accordance with the second and third paragraphs.

During the July to September quarter of the fifth year following the year during which the home educational childcare provider carried out the sample collection referred to in the first paragraph, the home educational childcare provider must collect a new water sample from the main tap.

That sample collection must be carried out every 5 years provided the concentration of lead in the water meets the drinking water quality standard relating to lead.

D. 43-2025, s. 12.

13. If a water sample collected pursuant to the second or third paragraph of section 12 fails to meet the drinking water quality standard relating to lead, the home educational childcare provider must ensure the monitoring of the concentration of lead in the water pursuant to the second, third, fourth and fifth paragraphs.

Within 30 days of being informed of the noncompliance with the drinking water quality standard relating to lead, the home educational childcare provider must collect samples from all the water taps in the residence that have not yet been the subject of corrective measures or have not been taken out of service under section 16, the water from which is used for drinking or preparing food or beverages that the childcare provider makes available to persons as part of providing educational childcare services.

If at least one water sample collected from a tap pursuant to the second paragraph meets the drinking water quality standard relating to lead, the home educational childcare provider must collect a new water sample from such a tap during the July to September quarter of the fifth year following the year during which the home educational childcare provider carried out the sample collection referred to in the second paragraph.

That sample collection must be carried out every 5 years provided the concentration of lead in the water meets the drinking water quality standard relating to lead.

If a water sample collected pursuant to the third or fourth paragraph fails to meet the drinking water quality standard relating to lead, the home educational childcare provider must repeat the steps described in the second, third and fourth paragraphs.

D. 43-2025, s. 13.

14. If the water sample collected pursuant to section 3 and referred to in subparagraph 2 of the first paragraph of section 4 fails to meet the drinking water quality standard relating to lead, the home educational childcare provider must, within 30 days of being informed of the noncompliance with the standard, collect a new water sample from all the other taps in the residence, the water from which is used for drinking or preparing food or beverages that the home educational childcare provider makes available to persons as part of providing educational childcare services.

If at least one water sample collected from a tap pursuant to the first paragraph meets the drinking water quality standard relating to lead, the home educational childcare provider must collect a new water sample from such a tap during the July to September quarter of the fifth year following the year during which the home educational childcare provider carried out the sample collection referred to in the first paragraph.

That sample collection must be carried out every 5 years provided the concentration of lead in the water meets the drinking water quality standard relating to lead.

If a water sample collected pursuant to the second or third paragraph fails to meet the drinking water quality standard relating to lead, the home educational childcare provider must repeat the steps provided in this section, with the necessary modifications.

D. 43-2025, s. 14.

DIVISION II CORRECTIVE MEASURES IN CASES OF LEAD CONCENTRATION ABOVE THE DRINKING WATER QUALITY STANDARD RELATING TO LEAD

D. 43-2025, Div. II.

15. If an educational childcare provider is informed that a water sample collected from a tap pursuant to this Regulation has failed to meet the drinking water quality standard relating to lead, the childcare provider must, without delay, make sure that the water from that tap is not used for drinking or preparing food or beverages that the childcare provider makes available to persons as part of providing educational childcare services.

D. 43-2025, s. 15.

16. The educational childcare provider must, within 30 days of being informed that a water sample has failed to meet the drinking water quality standard relating to lead, take all appropriate corrective measures, temporary or permanent, to ensure that the water used for drinking or preparing food or beverages that the childcare provider makes available to persons as part of providing educational childcare services meets the drinking water quality standard relating to lead at the time the water is made available to those persons. The childcare provider may, however, instead of taking such measures, choose to take out of service the tap referred to in section 15 or to remove the tap from the childcare provider’s facility or residence.

For the purposes of applying the first paragraph, an appropriate temporary corrective measure is a measure such as installing a filter or other lead removal system that is used and maintained in accordance with the manufacturer’s instructions, and an appropriate permanent corrective measure is a measure such as carrying out plumbing work.

D. 43-2025, s. 16.

17. Within 30 days of being informed that a water sample has failed to meet the drinking water quality standard relating to lead, the educational childcare provider must also state, in the manner prescribed by the Minister, the corrective measures taken by the provider or the provider’s choice to take out of service the tap referred to in section 15, or to remove the tap from the provider’s facility or residence.

The childcare provider must also send a copy of the document stating the measures or choice referred to in the first paragraph

1°  to the Minister, if the childcare provider is a permit holder; or

2°  to the home educational childcare coordinating office that granted recognition if the childcare provider is a home educational childcare provider.

The home educational childcare coordinating office must keep at its principal establishment a copy of the document the office received pursuant to subparagraph 2 of the second paragraph for as long as the childcare provider is recognized and for 6 years after the cessation of the childcare provider’s operations.

The childcare provider must keep evidence of the corrective measures taken to remedy the situation, or of taking out of service the tap referred to in section 15 or of removing the tap from the childcare provider’s facility or residence. The childcare provider must keep the evidence in the facility or residence where educational childcare is provided, as applicable, for as long as services are provided.

D. 43-2025, s. 17.

18. The precautionary measure taken under section 15 must be maintained until one of the following conditions is met:

1°  the educational childcare provider has taken all appropriate corrective measures, temporary or permanent, referred to in section 16 or work has been carried out in the public water distribution network and the result of the analysis of lead concentration in a water sample collected after the measure was implemented or the work carried out from any tap referred to in section 15, regardless of when in the year the sample was collected, has shown that the concentration of lead in the sample meets the drinking water quality standard relating to lead; or

2°  the educational childcare provider has taken the tap referred to in section 15 out of service or removed the tap from the childcare provider’s facility or residence.

In the event of a change of the corrective measure taken, the educational childcare provider must implement again the precautionary measure referred to in section 15 until the conditions of subparagraph 1 of the first paragraph of this section are met in respect of the new corrective measures.

D. 43-2025, s. 18.

CHAPTER IV ADMINISTRATIVE PENALTY

D. 43-2025, c. IV.

19. A person designated by the Minister for that purpose may impose an administrative penalty on a permit holder after ascertaining that the permit holder has failed to comply with a non-compliance notice given under section 65 of the Act with respect to the failure to comply with any of the provisions of sections 1, 3 to 11 or 15 to 18.

The amount of the administrative penalty is $500 in the case of a natural person and $1,000 in other cases.

D. 43-2025, s. 19.

CHAPTER V PENAL PROVISION

D. 43-2025, c. V.

20. A permit holder or a home educational childcare provider that contravenes any of sections 1, 6 or 15 to 18 is guilty of an offence under section 117 of the Act.

D. 43-2025, s. 20.

CHAPTER VI AMENDING PROVISION

D. 43-2025, c. VI.

21. (Amendment integrated into c. S-4.1.1, r. 2, s. 75).

D. 43-2025, s. 21.

CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS

D. 43-2025, c. VII.

22. In order to verify compliance with the drinking water quality standard relating to lead, educational childcare providers who cannot avail themselves of the first paragraph of section 23 must collect samples from the water used for drinking or preparing food or beverages that they make available to persons, as part of providing childcare services, during the July to September quarter after 20 February 2025, provided the date of issue of their permit or effective date of recognition as an educational childcare provider, as applicable, is before that date.

Educational childcare providers who have collected a sample under this section are presumed to have carried out a sample collection under subparagraph 1 of the first paragraph of section 3.

D. 43-2025, s. 22.

23. An educational childcare provider that has collected water samples from any tap referred to in subparagraph 1 or 2 of the first paragraph of section 4 for the purpose of lead control in the period from 28 November 2019 to 19 February 2025, regardless of when in the year the sample was collected, is presumed to have carried out that sample collection under subparagraph 1 of section 3 insofar as the analysis of any sample so collected was carried out by an accredited laboratory.

A childcare provider referred to in the first paragraph that has carried out water sample collection in 2020 has an additional period of one year, from the date on which the childcare provider collected the water sample, to perform the first sample collection that the provider is required to carry out under Division I of Chapter III.

A childcare provider referred to in the first paragraph that has carried out a sample collection in the period from 28 November 2019 to 31 December 2019 has an additional period of 2 years, from the date on which the childcare provider collected the sample, to carry out the first sample collection that the provider is required to perform under Division I of Chapter III.

In addition, an educational childcare provider referred to in the first paragraph is presumed to comply with sections 15 to 18 in respect of any tap, the water from which contained lead in a concentration greater than 0.005 mg/L, inasmuch as the tap was the subject of a temporary corrective measure referred to in section 16 or was taken out of service.

D. 43-2025, s. 23.

24. (Omitted).

D. 43-2025, s. 24.

REFERENCES

O.C. 43-2025, 2025 G.O. 2, 541