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Volume 54, No. 17

B.C. Reg. 161/2011

The British Columbia Gazette,

Part II

September 20, 2011

B.C. Reg. 161/2011 , deposited September 9, 2011, pursuant to the PUBLIC HEALTH ACT [sections 111, 115 and 124]. Order in Council 423/2011, approved and ordered September 9, 2011.

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

1 The following enactments are repealed:

(

a) the Personal Service Establishments Regulation, B.C. Reg. 202/83;

(

b) sections 4, 9 to 11 and 16 of the Public Health Act Transitional Regulation, B.C. Reg. 51/2009;

(

c) the Public Place Sanitary Facilities Regulation, B.C. Reg. 94/82.

2 The attached Regulated Activities Regulation is made.

— M. DE JONG, Minister of Health ; I. CHONG, Presiding Member of the Executive Council .

REGULATED ACTIVITIES REGULATION

Contents

Part 1 — Definition

Definition

Part 2 — Regulated Activities

Division 1 — Personal Service Establishments

Personal service establishments

Water supply required

Division 2 — Public Sanitary Facilities and Toilets

Public sanitary facilities and toilets

Sanitary facilities in public places of assembly or recreation

No fee for use of public toilet

Division 3 — Soil Amendments and Organic Matter

Soil amendments and organic matter

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

(1) In this Division, a "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.

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

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.

Division 2 — Public Sanitary Facilities and Toilets

Public sanitary facilities and toilets

(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

(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

(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.

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