The Government of Ontario has announced that effective October 28, 2022, R.R.O. 1990, Reg. 565: Public Pools under the Health Protection and Promotion Act To Exempt Certain Public Spas, will be amended to provide an exemption 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; and
- The Public Spas Caution Notice, set out in subsection 19.1(1) of the Regulation, is posted in a conspicuous place within the public spa enclosure, which provides further guidance on the proper use of a spa.
For the purposes of the Regulation, “hotel” means a hotel, inn, motel, resort or other building or premises operated to provide sleeping accommodation for the public.
This amendment will also require owner/operators of public spas in hotels that were previously exempted from the Regulation to also post the Public Spa Caution Notice outlined in subsection 19.1(1) of the Regulation. This would include public spas operated on the premises of a hotel that has fewer than six dwelling units or suites for the use of its guests and their visitors.
Owners/operators of these exempt public spas will no longer be required to meet the structural and equipment requirements outlined in the Regulation.
TIAO has worked closely with affected operators, stakeholders, and government partners to resolve this issue and is pleased that a regulatory solution has been reached.
For more information, see here for the official summary of the amendment and see here for the Q&A document.