Public Accommodation Regulations, P-37.1 Reg 3

1 PUBLIC ACCOMMODATION P-37.1 REG 3 The Public Accommodation Regulations being Chapter P-37.1 Reg 3 (effective January 1, 1997) as amended by Saskatchewan Regulations 66/2003 and 44/2016. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 P-37.1 REG 3 PUBLIC ACCOMMODATION Table of Contents 1 Title 11 Period of validity 2 Interpretation 12 Compliance with terms and conditions 2.1 Application 13 Amending, suspending or cancelling a licence 3 Water 13.1 Further information or material 3.1 Sanitation 14 Food 4 Health hazards 15 Repealed 5 Ventilation and lighting 16 Repealed 5.1 Temperature 17 Repealed 6 Approval required - campground, recreational camp 17.1 Transitional - licences for campgrounds, recreational camps 7 Licence required - campground, recreational camp 18 Coming into force 8 Application for licence 9 Repealed 10 Licence not transferable 3 PUBLIC ACCOMMODATION P-37.1 REG 3 CHAPTER P-37.1 REG 3 The Public Health Act, 1994 Title 1 These regulations may be cited as The Public Accommodation Regulations. Interpretation 2(1) In these regulations: (a) “Act” means The Public Health Act, 1994; (a.1) “campground” means a tract or parcel of land that is intended or permitted to be used by the traveling public for overnight stays that contains sites for tents or recreational vehicles, whether or not a charge is made or paid for the use of the sites; (b) “client” means a member of the public who is allowed through agreement with or by permission of the operator or the owner to use a public accommodation, whether or not a charge is made or paid for the use of the public accommodation; (c) “itinerant use accommodation” means a public accommodation that is intended to be used by clients for a period that is usually less than 30 days, and includes but is not limited to public accommodations that hold themselves out to be hotels, motels, apartment hotels, vacation farms, bed and breakfast facilities, campgrounds, recreational camps and rental cabins, including those associated with hunting, fishing and other outdoor activities; (d) “licence” means a licence for a campground or a recreational camp required by section 7; (e) “recreational camp” means a camp operated or sponsored by an organization, church or service club for recreational purposes and includes a tract or parcel of land on which one or more tents, cabins or other buildings are established or maintained as living quarters for 10 or more persons for recreational purposes and for temporary occupancy of three or more consecutive days, whether or not a charge is paid for the use of the tents, cabins or other buildings; (f) “recreational vehicle” means a travel trailer, motor home or similar vehicle, equipped with a washroom and water and sewage holding tanks, designed to provide temporary accommodation for travel, recreation, leisure or vacation purposes, but does not include a mobile home that is constructed and used for year-round occupancy. (2) In these regulations, a reference to a local authority in relation to a public accommodation is deemed to be a reference to the local authority that has jurisdiction over the area in which the public accommodation is situated. 26 Jly 96 cP-37.1 Reg 3 s2; 17 Jne 2016 SR 44/2016 s3. 4 P-37.1 REG 3 PUBLIC ACCOMMODATION Application 2.1 These regulations do not apply to campgrounds that are limited to recreational vehicles and have fewer than four recreational vehicle sites. 17 Jne 2016 SR 44/2016 s4. Water 3(1) Subject to The Waterworks and Sewage Works Regulations, The Health Hazard Regulations and subsection (2), an owner or operator of a public accommodation shall ensure that clients have convenient access to a supply of potable water that meets with the local authority’s approval. (2) Subsection (1) does not apply to a public accommodation if: (a) the local authority is satisfied that the provision of potable water to clients by the owner or operator would not be practicable; and (b) the owner or operator posts notices stating that the water supplied at the public accommodation is not potable: (i) in conspicuous places in the public accommodation; and (ii) at every place in the public accommodation at which water may be obtained. 18 Jly 2003 SR 66/2003 s3; 17 Jne 2016 SR 44/2016 s5. Sanitation 3.1(1) Subject to The Waterworks and Sewage Works Regulations, The Health Hazard Regulations and The Saskatchewan Environmental Code published as an Appendix to The Environmental Management and Protection (Saskatchewan Environmental Code Adoption) Regulations, an owner or operator of a public accommodation shall ensure that: (a) there are toilets that are easily accessible for use by clients; (b) sewage facilities that serve the public accommodation are connected to a sewage system that: (i) meets the requirements of The Plumbing Regulations and The Private Sewage Works Regulations; and (ii) is designed and maintained in a manner that does not contaminate ground water or surface water and does not create a health hazard; and (c) garbage and other solid wastes generated in the public accommodation are stored and disposed of in a manner that: (i) prevents access by insects, rodents and other animals; (ii) does not cause offensive odours; and (iii) does not contaminate ground or surface water. 5 PUBLIC ACCOMMODATION P-37.1 REG 3 (2) The owner or operator of a public accommodation that is infested with rodents, bedbugs or cockroaches shall take action to remove or destroy the rodents, bedbugs or cockroaches to the satisfaction of the local authority. (3) If ordered to do so by the local authority, the owner or operator of a public accommodation that is infested with an insect or other animal that is not mentioned in subsection (2) and that, in the opinion of the local authority, is a pest that may constitute a health hazard, shall take action to remove or destroy the pest to the satisfaction of the local authority. (4) The owner or operator of a public accommodation shall ensure that the facility: (a) is operated and maintained in a manner that will prevent or minimize the risk of injury, accident or illness to the clients; and (b) is kept in good repair and clean condition. 18 Jly 2003 SR 66/2003 s3; 17 Jne 2016 SR 44/2016 s6. Health hazards 4 An owner or operator of a public accommodation shall ensure that the following do not pose a health hazard: (a) a building or part of a building that constitutes all or part of the public accommodation; (b) any land to which clients have access that forms part of the public accommodation; (c) equipment that is used in the public accommodation. 26 Jly 96 cP-37.1 Reg 3 s4. Ventilation and lighting 5 An owner or operator of a public accommodation shall ensure that a building or part of a building that forms part of the public accommodation and to which clients have access has: (a) a natural or mechanical ventilation system that prevents or reduces airborne health hazards; and (b) sufficient lighting that allows the premises to be cleaned properly and that prevents accidents at all times. 26 Jly 96 cP-37.1 Reg 3 s5. 6 P-37.1 REG 3 PUBLIC ACCOMMODATION Temperature 5.1(1) Unless otherwise approved by the local authority, an owner or operator of a public accommodation shall ensure that the public accommodation is equipped with a heating system that maintains an indoor air temperature of not less than 18°C in all living spaces within the public accommodation. (2) If, in the opinion of a local authority, the temperature at any location in a public accommodation may constitute a health hazard, the local authority may order the owner or operator of the public accommodation to carry out temperature testing at locations and at intervals specified by the local authority. 18 Jly 2003 SR 66/2003 s4. Approval required - campground, recreational camp 6(1) No person shall establish, construct, extend, renovate or alter a campground or recreational camp unless the person has written approval from the local authority to do so. (2) Subsection (1) does not apply to the routine maintenance of a campground or recreational camp. 17 Jne 2016 SR 44/2016 s7. Licence required - campground, recreational camp 7 No person shall operate a campground or a recreational camp unless the person holds a valid licence issued by the local authority pursuant to section 8. 17 Jne 2016 SR 44/2016 s8. Application for licence 8(1) An applicant for a licence for a campground or recreational camp must: (a) submit an application to the local authority; and (b) provide any information or material relevant to the application that is requested by the local authority. (2) A local authority, on receiving and reviewing an application mentioned in subsection (1) and any other information or material requested by the local authority or that the local authority considers relevant, may: (a) issue or renew a licence; or (b) refuse to issue or renew a licence, if in the opinion of the local authority: (i) the application is incomplete or contains false or misleading information; (ii) the campground or recreational camp is being operated in a manner that is contrary to these regulations; or (iii) it is in the public interest to do so. 7 PUBLIC ACCOMMODATION P-37.1 REG 3 (3) A local authority must notify an applicant in writing of the local authority’s decision made pursuant to subsection (2). (4) A local authority may impose any terms and conditions on a licence that the local authority considers appropriate. 17 Jne 2016 SR 44/2016 s9. 9 Repealed. 17 Jne 2016 SR 44/2016 s10. Licence not transferable 10 A licence is not transferable. 26 Jly 96 cP-37.1 Reg 3 s10. Period of validity 11 Subject to section 13, a licence is valid for: (a) a period of two years from the date of issue; or (b) any lesser period set out in the licence. 17 Jne 2016 SR 44/2016 s11. Compliance with terms and conditions 12 No person to whom a licence is issued shall fail to comply with the terms and conditions of the licence. 26 Jly 96 cP-37.1 Reg 3 s12. Amending, suspending or cancelling licence 13 Subject to The Public Health Appeals Regulations, a local authority may amend, suspend or cancel a licence if, in the opinion of the local authority, the licensee: (a) has contravened the Act or these regulations or a term or condition of the licence; or (b) is operating a campground or a recreational camp in a manner that is injurious to or may endanger public health. 17 Jne 2016 SR 44/2016 s12. Further information or material 13.1(1) A local authority may, at any time, require an applicant or licensee to submit to the local authority any further information or material that the local authority may reasonably require. (2) No applicant or licensee who receives a request from a local authority pursuant to subsection (1) shall fail to comply with that request within the period specified by the local authority. 17 Jne 2016 SR 44/2016 s11. 8 P-37.1 REG 3 PUBLIC ACCOMMODATION Food 14 An owner or operator of an itinerant use accommodation who prepares, stores, cooks or serves food for clients and who is not required to be licensed pursuant to The Food Safety Regulations shall ensure that food is prepared, stored, cooked or served in a manner that will prevent or minimize the risk of illness, poisoning or injury to clients. 26 Jly 96 cP-37.1 Reg 3 s14; 17 Jne 2016 SR 44/2016 s14. 15 Repealed. 17 Jne 2016 SR 44/2016 s15. 16 Repealed. 17 Jne 2016 SR 44/2016 s15. 17 Repealed. 17 Jne 2016 SR 44/2016 s15. Transitional - licences for campgrounds, recreational camps 17.1 A licence issued with respect to a campground or a recreational camp that is valid on the day before the coming into force of The Public Accommodation (Miscellaneous) Amendment Regulations, 2016 is continued as a licence pursuant to these regulations until the expiry date set out in the licence. 17 Jne 2016 SR 44/2016 s16. Coming into force 18(1) Subject to subsections (2) and (3), these regulations come into force on the day on which they are filed with the Registrar of Regulations. (2) Subject to subsection (3), if section 46 of The Public Health Act, 1994 is not in force on the day on which these regulations are filed with the Registrar of Regulations, these regulations come into force on the day on which section 46 of The Public Health Act, 1994 comes into force. (3) If The Plumbing and Drainage Regulations are not in force on the day on which these regulations come into force, subclause 3(c)(i) of these regulations comes into force on the day on which The Plumbing and Drainage Regulations come into force. 26 Jly 96 cP-37.1 Reg 3 s18. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2016