Regulation - LGIC
Proposed Ontario Regulation made under the Skin Cancer Prevention Act (Tanning Beds), 2013.
Regulation Number(s):
New
Instrument Type:
Regulation - LGIC
Bill or Act:
Skin Cancer Prevention Act (Tanning Beds), 2013
Summary of Decision:
- Ontario Regulation 99/14 under the Skin Cancer Prevention Act (Tanning Beds), 2013 was approved. The regulation:
o Defines terms e.g. tanning services (e.g., does not include spray tanning), attendant, and protective eyewear;
o Outlines requirements of identification for anyone who appears younger than 25 years old; must include a photo of the individual and their date of birth.
o Outlines the requirements for signs, including:
- Point of sale warning sign: posted in plain view within one metre of each cash register where tanning services or ultraviolet (UV) light treatments for tanning are sold;
- Health warning sign: posted in plain view within one metre of equipment used to provide tanning services or UV light treatments for tanning;
- Age restriction and identification decal: posted above or in close proximity to the handle on every entrance door of the establishment where the treatments or services are provided; in the absence of a handle it must be placed in the middle of the door; if the door is not visible when the establishment is open, it must be posted within one metre of each entrance; and
- Employee reminder decal: must be clearly visible to the employee at the cash register to remind them that tanning services and UV light treatment for tanning is illegal for anyone under 18 years old, that they must check ID for anyone who appears to be under 25 years old, and that all customers must wear protective eyewear.
o Restricts marketing and advertising targeted at those under the age of 18 and any that is false or misleading (e.g., advertising in media or other publications that are targeted at persons under 18 years old); and
o Sets standards of protection, such as a requirement for customers to wear protective eyewear and for tanning bed operators to provide instructions to customers on their proper use.
o Defines terms e.g. tanning services (e.g., does not include spray tanning), attendant, and protective eyewear;
o Outlines requirements of identification for anyone who appears younger than 25 years old; must include a photo of the individual and their date of birth.
o Outlines the requirements for signs, including:
- Point of sale warning sign: posted in plain view within one metre of each cash register where tanning services or ultraviolet (UV) light treatments for tanning are sold;
- Health warning sign: posted in plain view within one metre of equipment used to provide tanning services or UV light treatments for tanning;
- Age restriction and identification decal: posted above or in close proximity to the handle on every entrance door of the establishment where the treatments or services are provided; in the absence of a handle it must be placed in the middle of the door; if the door is not visible when the establishment is open, it must be posted within one metre of each entrance; and
- Employee reminder decal: must be clearly visible to the employee at the cash register to remind them that tanning services and UV light treatment for tanning is illegal for anyone under 18 years old, that they must check ID for anyone who appears to be under 25 years old, and that all customers must wear protective eyewear.
o Restricts marketing and advertising targeted at those under the age of 18 and any that is false or misleading (e.g., advertising in media or other publications that are targeted at persons under 18 years old); and
o Sets standards of protection, such as a requirement for customers to wear protective eyewear and for tanning bed operators to provide instructions to customers on their proper use.
Further Information:
Draft Skin Cancer Prevention Act (Tanning Beds) Regulation Summary
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_140099_e.htm
Proposal Number:
13-HLTC032
Posting Date:
January 2, 2014
Summary of Proposal:
On October 9, 2013, the Ontario government took action to help prevent skin cancer among young people by passing legislation that prohibits the sale of tanning services or ultraviolet light treatments for tanning to youth under 18. The Skin Cancer Prevention Act (Tanning Beds), 2013:
- Gives authority to the Lieutenant Governor in Council to make exemptions by
regulation, if deemed necessary;
- Requires that tanning bed operators request identification from anyone who
appears to be under 25 years old;
- Requires tanning bed operators to post signs stating the ban on persons
under age 18 and the health risks of tanning bed use;
- Prohibits the advertising and marketing of tanning services directed at
youth under 18;
- Requires that all individuals who receive tanning services wear protective
eyewear;
- Requires that all tanning bed operators provide written notice of their
location and business contact information to their local Medical Officer
of Health;
- Sets fines for tanning bed owners/operators who fail to comply; and
- Authorizes inspectors to inspect and enforce these requirements.
MOHLTC is proposing the development of an Ontario regulation made under the Act. The proposed regulation (see attachment for details) will address definitions, identification, advertising and marketing, signs and protective eyewear.
- The term 'tanning services' will be defined to exclude spray tanning;
- The forms of identification that will be required from anyone who wants to
receive tanning services and who appears to be under 25 years old will be
specified;
- The number, location and content of signs in establishments where tanning
services are offered will be specified;
- The kinds of advertisements and marketing strategies that will be considered
to be directed at individuals who are less than 18 years old will be
specified; and
- The requirements for protective eyewear will be specified.
MOHLTC suggests that the proposed amendments would come into force in 2014.
Content of final regulations are at the discretion of the Lieutenant Governor in Council (LGIC) who may make any changes the LGIC considers appropriate.
- Gives authority to the Lieutenant Governor in Council to make exemptions by
regulation, if deemed necessary;
- Requires that tanning bed operators request identification from anyone who
appears to be under 25 years old;
- Requires tanning bed operators to post signs stating the ban on persons
under age 18 and the health risks of tanning bed use;
- Prohibits the advertising and marketing of tanning services directed at
youth under 18;
- Requires that all individuals who receive tanning services wear protective
eyewear;
- Requires that all tanning bed operators provide written notice of their
location and business contact information to their local Medical Officer
of Health;
- Sets fines for tanning bed owners/operators who fail to comply; and
- Authorizes inspectors to inspect and enforce these requirements.
MOHLTC is proposing the development of an Ontario regulation made under the Act. The proposed regulation (see attachment for details) will address definitions, identification, advertising and marketing, signs and protective eyewear.
- The term 'tanning services' will be defined to exclude spray tanning;
- The forms of identification that will be required from anyone who wants to
receive tanning services and who appears to be under 25 years old will be
specified;
- The number, location and content of signs in establishments where tanning
services are offered will be specified;
- The kinds of advertisements and marketing strategies that will be considered
to be directed at individuals who are less than 18 years old will be
specified; and
- The requirements for protective eyewear will be specified.
MOHLTC suggests that the proposed amendments would come into force in 2014.
Content of final regulations are at the discretion of the Lieutenant Governor in Council (LGIC) who may make any changes the LGIC considers appropriate.
Contact Address:
777 Bay Street, Suite 1903, 19th Floor
Toronto, ON
M7A 1S5
Toronto, ON
M7A 1S5
Effective Date:
May 1, 2014
Decision:
Approved