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Volume 55, No. 20

286/2012

The British Columbia Gazette,

Part II

October 9, 2012

B.C. Reg. 286/2012 , deposited September 26, 2012, pursuant to the PUBLIC HEALTH ACT [sections 111 (1) (f), 115 (

d) and (

e) and 126 (8)] and the OFFENCE ACT [section 14 (1) and 132 (2)]. Order in Council 664/2012, approved and ordered September 25, 2012.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective October 15, 2012,

(

a) the Regulated Activities Regulation, B.C. Reg. 161/2011, is amended as set out in the attached

Schedule 1, and

(

b) the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended as set out in the attached

Schedule 2.

— S. BOND, Minister of Justice and Attorney General ; M. MACDIARMID, Minister of Health ; N. LETNICK, Presiding Member of the Executive Council .

Schedule 1

Section 2 (1) of the Regulated Activities Regulation, B.C. Reg. 161/2011, is repealed and the following substituted:

(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 following sections are added to Division 1:

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.

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.

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] .

Schedule 2

Schedule 1 of the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended in Item 20 by adding the following paragraph to Column 2:

(

g) Regulated Activities Regulation, B.C. Reg. 161/2011 .

Schedule 2 is amended by adding the following, as indicated, under the heading " Public Health Act ":

1 2 3 4 5

Provision Contravention Fine

Victim Surcharge

Levy

Ticketed Amount

Regulated Activities Regulation, B.C. Reg. 161/2011

section 3.3 (

a) Unlawfully permit minor to use tanning equipment

$300

$45

$345

section 3.3 (

b) Fail to post sign as required

$300

$45

$345

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