Regulated Activities Regulation - 161/2011
2020-10-19
B.C. Reg. 161/2011
O.C. 423/2011
Deposited September 9, 2011
This consolidation is current to October 19, 2020.
Link to Point in Time

Public Health Act

Regulated Activities Regulation

[includes amendments up to B.C. Reg. 286/2012, October 15, 2012]

Part 1 — Definition

Definition

1   In this regulation, "Act" means the Public Health Act.

Part 2 — Regulated Activities

Division 1 — Personal Service Establishments

Personal service establishments

2   (1) In this Division:

"personal service establishment" means an establishment in which a person provides a service to or on the body of another person, and includes a barbershop, beauty parlour, health spa, massage parlour, tattoo shop, sauna and steam bath;

"tanning equipment" means equipment designed to cause tanning of the skin through ultraviolet irradiation of one or more parts of the body, and includes each component of such equipment;

"tanning facility" means a personal service establishment in which a person makes tanning equipment available for use by another person.

(2) The operation of a personal service establishment is prescribed as a regulated activity.

[am. B.C. Reg. 286/2012, Sch. 1, s. 1.]

Water supply required

3   An operator of a personal service establishment must not operate the establishment unless there is, on the premises of the establishment,

(a) an adequate supply of hot and cold water at all times for operating and cleaning purposes, and

(b) an adequate and conveniently located hot and cold water hand washing facility, with ancillary equipment.

Minors prohibited from using tanning facilities

3.1   (1) Subject to subsection (2), the operator of a tanning facility must not permit a person who is less than 18 years of age to use tanning equipment located in the operator's tanning facility.

(2) Subsection (1) does not apply in respect of a person who is less than 18 years of age and holds a written prescription, issued by a medical practitioner or a nurse practitioner, directing the person to use tanning equipment.

(3) An operator must ensure that a person referred to in subsection (2) uses tanning equipment located in the operator's tanning facility only in accordance with the directions contained in the prescription.

[en. B.C. Reg. 286/2012, Sch. 1, s. 2.]

Sign must be posted

3.2   (1) An operator of a tanning facility must display in a prominent place where customers purchase services a sign that

(a) is clearly visible,

(b) states clearly "It is illegal to permit persons under 18 to use UV tanning equipment in this facility without a prescription.", and

(c) is in the form provided by the minister for the purposes of this section.

(2) If a sign under subsection (1) is provided electronically, the sign must be printed

(a) without any changes, and

(b) in accordance with the directions of the minister, including directions in respect of size and print and background colour.

[en. B.C. Reg. 286/2012, Sch. 1, s. 2.]

Offences

3.3   A person commits an offence for the purposes of sections 18 (3) and 99 (2) (a) of the Act if the person contravenes any of the following provisions of this Division:

(a) section 3.1 [minors prohibited from using tanning facilities];

(b) section 3.2 [sign must be posted].

[en. B.C. Reg. 286/2012, Sch. 1, s. 2.]

Division 2 — Public Sanitary Facilities and Toilets

Public sanitary facilities and toilets

4   (1) In this Division:

"public place" means a place to which the public has access, whether or not

(a) a fee is charged for that access, or

(b) the place is enclosed;

"public toilet" means a toilet that is located in a public place;

"sanitary facility" means a room containing a toilet, washbasin and ancillary equipment, and includes a privy, shower or urinal.

(2) The operation of a sanitary facility in a public place is prescribed as a regulated activity.

Sanitary facilities in public places of assembly or recreation

5   (1) Subject to subsection (2), an operator of a public place meant for assembly or recreation must ensure that the public place contains, and the public has access to, adequate sanitary facilities.

(2) Subsection (1) does not apply to

(a) a neighbourhood park,

(b) a school ground, or

(c) a refreshment stand.

No fee for use of public toilet

6   (1) An operator of a public place must not

(a) demand or require payment for the use of a public toilet, or

(b) have control of, or permit a person to install, a public toilet that operates or is accessible only on payment.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2 000.

Division 3 — Soil Amendments and Organic Matter

Soil amendments and organic matter

7   The following are prescribed as regulated activities:

(a) the storage and application to land of soil amendments within the meaning of the Code of Practice for Soil Amendments, B.C. Reg. 210/2007;

(b) the production, distribution, storage, sale, use or application to land of biosolids or compost to which the Organic Matter Recycling Regulation, B.C. Reg. 18/2002, applies.

[Provisions relevant to the enactment of this regulation: Public Health Act, S.B.C. 2008, c. 28, sections 111, 115, 124 and 126]