Tanning Regulation, 2012

Tanning Regulation, M.R. 58/2012 The Public Health Act , C.C.S.M. c. P210 Regulation 58/2012 Registered May 18, 2012 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Warning signs 3 Children using tanning equipment in accordance with a prescription 4 Documentation for verifying age 4.1 Protective eyewear 4.2 Prohibition — self-serve tanning equipment 5 Coming into force Schedule Definitions 1 The following definitions apply in this regulation. "Act" means The Public Health Act . («  Loi  ») "protective eyewear" means "protective eyewear" as defined in Part XI (Tanning Equipment) of Schedule II to the Radiation Emitting Devices Regulations (Canada). (« lunettes de protection ») "warning sign" means the sign set out in the Schedule to this regulation. (« mise en garde ») M.R. 216/2015 Warning signs 2(1) The operator of a commercial tanning operation must post warning signs on the premises in accordance with this section. 2(2) The warning signs must be posted in the following locations: (a) one legal size sign (8 ½ by 14) must be posted in a prominent place where tanning services are purchased or within the immediate view of anyone who enters the premises; (b) one letter size sign (8 ½ by 11) must be posted in a prominent place in each room in which tanning equipment is used, within 1 metre of and visible from the equipment. 2(3) Each posted warning sign must be the sign set out in the Schedule, which has been provided or made available to the operator by the minister. Children using tanning equipment in accordance with a prescription 3(1) For the purpose of subsection 59.1(2.1) of the Act, a prescription may be issued only by a physician registered by the College of Physicians and Surgeons of Manitoba in the specialty field of dermatology. 3(2) A child seeking to use tanning equipment in a commercial tanning operation must be accompanied by his or her parent or guardian and present a valid original prescription to the operator or an employee of the operator. The operator or employee must (a) be reasonably satisfied that the person accompanying the child is the child's parent or guardian; (b) retain the original prescription on file; and (c) make a copy of the original prescription and give the copy to the parent or guardian. 3(3) Despite subsection (2), if a prescription directs ongoing tanning equipment use by a child, the following apply on a second or subsequent session at the commercial tanning operation which has the original prescription on file: (a) the child need not be accompanied by his or her parent or guardian, but only if the child is 16 years of age or older; (b) the child, parent or guardian, as the case may be, need not present the original prescription. 3(4) An operator must ensure that a child referred to in subsection (2) or (3) uses the tanning equipment only in accordance with the directions contained in the prescription. 3(5) Despite subsection (4), if a prescription directs an exposure time or schedule for a child in excess of that recommended by the manufacturer of the tanning equipment, the operator must ensure that the manufacturer's recommendations are not exceeded. 3(6) If a prescription provides for ongoing tanning equipment use by a child, the prescription ceases to be valid on the day that is one year after the day the prescription was issued. 3(7) An operator must make and maintain records of the date and duration of each tanning session by a child. 3(8) An operator must retain (a) an original prescription presented under subsection (2); and (b) records made under subsection (7); for a period of two years after the date of the child's final tanning session at the commercial tanning operation. M.R. 216/2015 Documentation for verifying age 4 For the purposes of subsection 59.1(4) of the Act, only the following documentation may be used to verify a person's age: (a) a valid and subsisting driver's licence; (b) an identification card issued by the Manitoba Liquor and Lotteries Corporation; (c) a passport; (d) a certificate of Canadian citizenship that contains the person's photograph; (e) a Canadian permanent resident document; (f) a Canadian Armed Forces identification card; or (g) any other documentation that (i) is issued by or under the authority of the government of, or any agency of the government of, any country, province, state, district or territory, and (ii) contains the person's name, signature, photograph and date of birth. M.R. 216/2015 Protective eyewear 4.1(1) For the purpose of section 59.2.1 of the Act, protective eyewear must meet the following standards: (a) the standards for protective eyewear set out in Part XI (Tanning Equipment) of Schedule II to the Radiation Emitting Devices Regulations (Canada); (b) it must be capable of securely covering the eyes of the person to whom it is provided; (c) in the case of protective eyewear previously used by another person, the eyewear must be cleaned and disinfected between uses with an appropriate disinfectant used in accordance with the manufacturer's instructions. 4.1(2) If a person purchases or is otherwise provided with protective eyewear at a commercial tanning operation, the operator must ensure that the person is (a) advised as to the purpose of the protective eyewear; and (b) instructed in the proper use of the protective eyewear. 4.1(3) If a person using tanning equipment provides his or her own protective eyewear, the operator must ensure that (a) the eyewear meets the standards described in clauses (1)⁠(a) and (b); and (b) the person is instructed in the proper use of the eyewear. M.R. 216/2015 Prohibition — self-serve tanning equipment 4.2 No operator of a commercial tanning operation shall permit any person to use tanning equipment that is not controlled by the operator or by an employee of the operator who has been instructed in the proper use of the equipment. M.R. 216/2015 Coming into force 5 This regulation comes into force on the day The Public Health Amendment Act (Regulating Use of Tanning Equipment), S.M. 2010, c. 37, comes into force. SCHEDULE WARNING SIGN