O. Reg. 141/18: PUBLIC POOLS
filed March 29, 2018 under Health Protection and Promotion Act, R.S.O. 1990, c. H.7Skip to content
ontario regulation 141/18
made under the
Health Protection and Promotion Act
Made: March 27, 2018
Filed: March 29, 2018
Published on e-Laws: April 3, 2018
Printed in The Ontario Gazette: April 14, 2018
Amending Reg. 565 of R.R.O. 1990
1. Section 1 of Regulation 565 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:
“public spray pad or public splash pad” means an indoor or outdoor installation that includes sprayed, jetted or other water sources contacting bathers and not incorporating standing or captured water as part of the bather activity area, other than a private residential spray pad or splash pad or a spray pad or splash pad for display or promotional purposes only; (“aire de jets d’eau publique ou aire de jeux d’eau publique”)
“public wading pool” means any structure, basin, chamber or tank containing or intended to contain an artificial body of water having a depth of water equal to 75 centimetres or less at any point, that is provided for the recreational or instructive use of young children, other than a private residential wading pool or a wading pool for display or promotional purposes only; (“pataugeoire publique”)
2. The Regulation is amended by adding the following section:
2.1 The class of Class C facility is established, being any of the following:
1. A public wading pool.
2. A public spray pad or public splash pad.
3. A water slide receiving basin that serves solely as a receiving basin for persons at the bottom of a water slide.
3. Paragraphs 4 and 5 of subsection 4.1 (1) of the Regulation are revoked.
4. Subsection 17 (16) of the Regulation, as remade by Ontario Regulation 494/17, is amended by striking out “subsections (2) and (3)” and substituting “subsections (2), (3) and (21)”.
5. The Regulation is amended by adding the following sections:
26.1 (1) The following provisions of this Regulation apply, with necessary modification, to every owner and every operator of a Class C facility:
1. Section 5, other than clause 5 (1) (d).
2. Subsection 6 (1), clause 6 (3) (a) and clause 6 (6) (a).
3. Subsection 7 (1), subject to subsection (2) of this section, and subsection 7 (3).
(2) For the purposes of applying subsection 7 (1) to public spray pads or public splash pads without a circulation system, “make-up water” shall be read as “source water”.
26.2 The following provisions of this Regulation apply, with necessary modification, to every owner and every operator of a public wading pool:
1. Clause 6 (3) (b).
2. Subsections 7 (8) and (9), as those provisions relate to spas.
3. Subsection 7 (11), other than paragraph 5, and subsection 7 (12).
26.3 Every operator of a public wading pool shall,
(a) provide a first aid kit, a device for emergency communications and emergency equipment which is appropriate for use in the public wading pool; and
(b) ensure attendant supervision at all times that the public wading pool is in operation and where the wading pool is operated in conjunction with a public pool, ensure that the required supervision of the wading pool is in addition to any required bathing supervision for the public pool.
26.4 (1) Every operator of a public spray pad or public splash pad shall ensure that, where water is recirculating, the water is filtered and disinfected as approved by the local medical officer of health or a public health inspector for the health unit where the public spray pad or public splash pad is situate.
(2) Every operator of a public spray pad or public splash pad shall post clearly visible signage in a conspicuous place notifying parents or guardians to supervise their children at all times when using the public spray pad or public splash pad.
26.5 Every operator of a facility to which this Regulation applies shall record the results of inspections of safety-related equipment present in the facility at a frequency determined by a public health inspector for the health unit where the facility is situate.
6. This Regulation comes into force on the later of July 1, 2018 and the day it is filed.