Regulation - LGIC

Proposal for Amendments to R.R.O. 1990, Reg. 565: Public Pools

Regulation Number(s):
565
Instrument Type:
Regulation - LGIC
Bill or Act:
Health Protection and Promotion Act, R.S.O. 1990
Summary of Decision:
Provides an exemption from the Regulation for public spas that are operated in conjunction with an individual dwelling unit or suite of a hotel for the exclusive use of its occupants, if caution signage is posted indicating to use at your own risk and that the spa is not subject to the Regulation.
Analysis of Regulatory Impact:
Minimal new administrative, upfront, capital or ongoing operating costs are expected to businesses as a result of this regulatory proposal.
Further Information:
Proposal Number:
22-HLTC024
Posting Date:
September 8, 2022
Summary of Proposal:
R.R.O. 1990, Reg. 565: Public Pools ("Regulation") under the Health Protection and Promotion Act sets out requirements and standards for operations, maintenance, and equipment at public pools and public spas.

Generally, the Regulation aims to prevent or reduce the risks of water-borne disease or injury and promote healthy recreational water use in pools, spas and aquatic facilities.

The proposed amendments contribute to the government's commitment to reducing compliance costs while maintaining public health and safety in aquatic environments for everyone's safety and enjoyment.


If approved, the proposed amendments would:

Provide an exemption from the Regulation for public spas that are operated in conjunction with an individual dwelling unit or suite of a hotel for the exclusive use of its occupants, if caution signage is posted indicating to use at your own risk and that the spa is not subject to the Regulation.


The current Regulation defines a "public spa" as a "hydro-massage pool containing an artificial body of water that is intended primarily for therapeutic or recreational use that is not drained, cleaned or refilled before use by each individual and that utilizes hydrojet circulation, air induction bubbles, current flow or a combination of the over the majority of the pool area".

Currently for hotels, the Regulation only exempts public spas that are "operated on the premises of a hotel that has fewer than six dwelling units or suites for the use of its guests and their visitor" if a caution notice is displayed in a conspicuous place within the public spa area indicating that the spa is not subject to the Regulation and to use at your own risk.

The proposed changes are intended to help save structural, equipment and operational costs for certain public spas and to reduce regulatory burden for owner/operators of these spas while ensuring owner/operators continue to take responsibility for the operation of public spas.

Ontario is reducing regulatory burdens for operators of hotel spas/hot tubs while prioritizing public health and safety. This change will enable Ontarians that choose to vacation at these hotels to continue to enjoy the use of a private spa.

All interested parties or individuals are encouraged to provide feedback on the proposed amendments.
Contact Address:
Ministry of Health
Office of Chief Medical Officer of Health, Public Health
Health Protection & Surveillance Policy and Programs Branch
Environmental Health Policy and Programs
Box 12
Toronto, ON M7A 1N3

Email: EnvironmentalHealth@ontario.ca
Effective Date:
October 28, 2022
Decision:
Approved