Swimming Pool Safety Act, 2006 Rinaldi, Lou — Bill 74 (38th Parliament, 2nd Session)

Bill 74, 38-2

Ontario — Bills

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Bill 74, Swimming Pool Safety Act, 2006

Rinaldi, Lou

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[38] Bill 74 Original (PDF)

Bill 74 2006

An Act respecting safety around swimming pools

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definition

1. In this Act,

"swimming pool" means an in-ground swimming pool.

Fence

(1) Subject to

section 3, every owner of a swimming pool shall ensure that a fence is constructed and maintained around the area of the swimming pool.

Same

(2) The owner of the swimming pool shall ensure that the fence surrounding the swimming pool is constructed and maintained in a manner that is sufficient to keep children away from the area immediately around the pool and is equipped

with a gate that locks.

Locked gate

(3) The owner of the swimming pool or, if the occupier of the premises where the swimming pool is located is not the owner, the occupier shall ensure that the gate is kept locked at all times except when an adult is present in the

area immediately around the pool.

Exception

(4) Despite subsection (3), the gate may be open if a person who meets the qualifications of an assistant lifeguard for the purposes of

section 17 of Regulation 565 of the Revised Regulations of Ontario, 1990 (Public Pools) made

under the Health Protection and Promotion Act is present in the area immediately around the pool.

Exception, municipal by-law

(1) Section 2 does not apply to swimming pools located in a municipality that has enacted a by-law to protect the safety of children around swimming pools, if the protection of children afforded by the

by-law is at least equal to the protection of children provided under

section 2.

Defence

(2) It is a defence to a charge under this Act that the defendant reasonably believed that the municipal by-law to protect the safety of children around swimming pools in the municipality where the swimming pool is located afforded

protection of children that is at least equal to the protection provided under

section 2.

Offence

4. Every person who contravenes or fails to comply with

section 2 is guilty of an offence and on conviction is liable to a fine of not more than $500.

Commencement

5. This Act comes into force 180 days after the day it receives Royal Assent.

Short title

6. The

short title of this Act is the Swimming Pool Safety Act, 2006 .

EXPLANATORY NOTE

The Bill requires owners of in-ground swimming pools to build and maintain a fence around the swimming pool. The fence must be of sufficient construction to ensure that children cannot enter the area

immediately around the swimming pool unless they enter through a gate, which must be kept locked unless there is an adult in the immediate area of the pool. The failure to construct and maintain a fence or to keep the gate locked is an offence

which could result in a fine of up to $500 on conviction.

Date Bill stage Activity Committee

March 30, 2006

Ordered referred to Standing Committee

Standing Committee on Finance and Economic Affairs

March 30, 2006

Second Reading

Carried on division

March 30, 2006

Second Reading

Debate

March 1, 2006

First Reading

Carried

Debates and Progress

First Reading

March

1, 2006

Second Reading

Debate

March

30, 2006

Mr. Rinaldi, Mr. Hardeman, Mr. Leal, Ms. Scott, Mr. Kormos, Mrs.

Jeffrey, Mr. Ramal

March

30, 2006

March

30, 2006

Carried on division. Referred to the Standing Committee on

Finance and Economic Affairs.

Committee

Standing Committee on Finance and Economic Affairs

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 74, 38-2
Type	bill
Volume / chapter	p38 s2 bill 74 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	3ff008be4ba0816587b87d175926b9698176214b

Source file is stored in the law ingest library (html).