Bill 74 2006

An Act respecting safety around swimming pools

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definition

1.  In this Act,

"swimming pool" means an in-ground swimming pool.

Fence

2.  (1)  Subject to section 3, every owner of a swimming pool shall ensure that a fence is constructed and maintained around the area of the swimming pool.

Same

(2)  The owner of the swimming pool shall ensure that the fence surrounding the swimming pool is constructed and maintained in a manner that is sufficient to keep children away from the area immediately around the pool and is equipped with a gate that locks.

Locked gate

(3)  The owner of the swimming pool or, if the occupier of the premises where the swimming pool is located is not the owner, the occupier shall ensure that the gate is kept locked at all times except when an adult is present in the area immediately around the pool.

Exception

(4)  Despite subsection (3), the gate may be open if a person who meets the qualifications of an assistant lifeguard for the purposes of section 17 of Regulation 565 of the Revised Regulations of Ontario, 1990 (Public Pools) made under the Health Protection and Promotion Act is present in the area immediately around the pool.

Exception, municipal by-law

3.  (1)  Section 2 does not apply to swimming pools located in a municipality that has enacted a by-law to protect the safety of children around swimming pools, if the protection of children afforded by the by-law is at least equal to the protection of children provided under section 2.

Defence

(2)  It is a defence to a charge under this Act that the defendant reasonably believed that the municipal by-law to protect the safety of children around swimming pools in the municipality where the swimming pool is located afforded protection of children that is at least equal to the protection provided under section 2.

Offence

4.  Every person who contravenes or fails to comply with section 2 is guilty of an offence and on conviction is liable to a fine of not more than $500.

Commencement

5.  This Act comes into force 180 days after the day it receives Royal Assent.

Short title

6.  The short title of this Act is the Swimming Pool Safety Act, 2006.

EXPLANATORY NOTE

The Bill requires owners of in-ground swimming pools to build and maintain a fence around the swimming pool. The fence must be of sufficient construction to ensure that children cannot enter the area immediately around the swimming pool unless they enter through a gate, which must be kept locked unless there is an adult in the immediate area of the pool. The failure to construct and maintain a fence or to keep the gate locked is an offence which could result in a fine of up to $500 on conviction.