O. Reg. 99/14: GENERAL

Link to law: http://www.ontario.ca/laws/regulation/r14099
Published: 2014-04-08

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ONTARIO REGULATION 99/14

made under the

SKIN CANCER PREVENTION ACT (TANNING BEDS), 2013

Made: March 26, 2014
Filed: April 8, 2014
Published on e-Laws: April 9, 2014
Printed in The Ontario Gazette: April 26, 2014


GENERAL

“Tanning services”

1. For the purposes of the Act and this Regulation, “tanning services” does not include tanning services that consist solely of spray tanning.

Identification of individuals to be at least 18

2. (1) For the purposes of subsection 2 (3) of the Act, an item of identification is prescribed if it includes a photograph of the individual, states his or her date of birth and reasonably appears to have been issued by a government.

(2) Without limiting the generality of subsection (1), the item of identification may be any of the types prescribed in subsection (3).

(3) The following types of identification are prescribed for the purpose of subsection 2 (3) of the Act:

1. A driver’s licence issued by the Province of Ontario with a photograph of the individual to whom the licence is issued.

2. A Canadian passport.

3. A Canadian citizenship card with a photograph of the individual to whom the card is issued.

4. A Canadian Armed Forces identification card.

5. A photo card issued by the Liquor Control Board of Ontario.

Self-tanning

3. (1) For the purposes of section 3 of the Act,

“attendant” means an employee who is trained in the proper operation of the device.

(2) No person who has control and management of an establishment where tanning services or ultraviolet light treatments for tanning are sold, offered for sale or provided shall allow the establishment to be operated in contravention of section 3 of the Act.

Advertising

4. For the purposes of section 4 of the Act, to “direct the advertising or marketing to persons who are less than 18 years old” includes,

(a) with respect to advertising, to direct the advertising so that it,

(i) is placed in media or other publications that are targeted at persons who are less than 18 years old,

(ii) employs depictions that are targeted at persons who are less than 18 years old, or

(iii) is, with respect to persons who are less than 18 years old, false or misleading or likely to create an erroneous impression about the health effects or health risks of artificial tanning; and

(b) with respect to marketing, to direct the marketing so that it,

(i) is carried on in or at locations primarily intended for use by persons who are less than 18 years old,

(ii) employs depictions that are targeted at persons who are less than 18 years old, or

(iii) is, with respect to persons who are less than 18 years old, false or misleading or likely to create an erroneous impression about the health effects or health risks of artificial tanning.

Signs

5. (1) For the purposes of section 5 of the Act, the following signs must be posted:

1. One or more point of sale warning signs that comply with subsection (2).

2. One or more health warning signs that comply with subsection (3).

3. One or more age restriction and identification decals that comply with subsection (4).

4. One or more employee reminder decals that comply with subsection (5).

(2) Point of sale warning signs must,

(a) be in the form and size specified in Schedule A and contain the information provided for in that Schedule;

(b) be displayed within one metre of each cash register where tanning services or ultraviolet light treatments for tanning are sold; and

(c) be unobstructed and readily legible to prospective customers.

(3) Health warning signs must,

(a) be in the form and size specified in Schedule B and contain the information provided for in that Schedule;

(b) be displayed within one metre of each piece of equipment used to provide tanning services or ultraviolet light treatments for tanning; and

(c) be unobstructed and readily legible to individuals before they use the equipment.

(4) Age restriction and identification decals must,

(a) be in the form and size specified in Schedule C and contain the information provided for in that Schedule; and

(b) be placed,

(i) immediately above or in close proximity to the handle on every entrance door of the establishment where the treatments or services are provided or, if the entrance door does not have a handle, in the middle of the door,

(ii) if the door is not visible when the establishment is open for business, within one metre of each entrance, and

(iii) in a manner that is unobstructed and readily legible to individuals who are approaching the establishment.

(5) Employee reminder decals must,

(a) be in the form and size specified in Schedule D and contain the information provided for in that Schedule; and

(b) be unobstructed and readily legible to staff working at points of sale.

Protective eyewear

6. (1) For the purposes of the Act and this Regulation,

“protective eyewear” has the same meaning as in Part XI (Tanning Equipment) of Schedule II to the Radiation Emitting Devices Regulations (Canada).

(2) For the purposes of section 6 of the Act, protective eyewear,

(a) must meet the standards set out in Part XI (Tanning Equipment) of Schedule II to the Radiation Emitting Devices Regulations (Canada);

(b) must be capable of securely covering the eyes of the individual to whom it is provided; and

(c) in the case of previously used protective eyewear, must be cleaned and disinfected between uses with an appropriate disinfectant and used in accordance with the manufacturer’s instructions.

(3) Every person who sells or provides tanning services or ultraviolet light treatments for tanning to an individual shall ensure that the individual, at the time when he or she is provided with protective eyewear under section 6 of the Act, is,

(a) advised as to the purpose of the protective eyewear; and

(b) instructed in the use of the protective eyewear.

(4) If an individual who is to receive tanning services or ultraviolet light treatments for tanning provides his or her own protective eyewear, the person providing the services or treatment shall ensure that the individual is instructed in accordance with clause (3) (b).

Commencement

7. This Regulation comes into force on the later of the day section 10 of the Act comes into force and the day it is filed.

SCHEDULE A

1. The sign must be at least 28 centimetres in width and 35.5 centimetres in height.

2. The sign must comply with the requirements for colour, font size and format shown together with the representation of the sign at the website entitled “UVRSmart” that is accessible through a website of the Government of Ontario.

3. The sign must bear the statement “Ultraviolet radiation (UV rays) is a known cause of skin cancer. UV Tanning equipment such as tanning beds, booths, and lamps emit UV rays. The World Health Organization has classified the UV rays from this equipment as a known cause of skin cancer. Protective eyewear is required. It is illegal to sell, offer for sale or provide tanning services to anyone under 18 years of age.” in English or “Les rayonnements ultraviolets (UV) sont une cause connue du cancer de la peau. Les appareils de bronzage par rayonnement ultraviolet comme les lits, les cabines et les lampes émettent des UV. L’Organisation mondiale de la Santé classe les UV qu’émettent ces appareils comme cause connue du cancer de la peau. Le port de lunettes de protection est obligatoire. Il est illégal de vendre, de mettre en vente ou de fournir des services de bronzage à des personnes de moins de 18 ans.”in French.

SCHEDULE B

1. The sign must be at least 21.5 centimetres in width and 28 centimetres in height.

2. The sign must comply with the requirements for colour, font size and format shown together with the representation of the sign at the website entitled “UVRSmart” that is accessible through a website of the Government of Ontario.

3. The sign must bear the statement “Ultraviolet radiation (UV rays) is a known cause of skin cancer. UV Tanning equipment such as tanning beds, booths, and lamps emit UV rays. The World Health Organization has classified the UV rays from this equipment as a known cause of skin cancer. Overexposure to ultraviolet radiation causes skin and eye burns. Protective eyewear is required.” in English or “Les rayonnements ultraviolets (UV) sont une cause connue du cancer de la peau. Les appareils de bronzage par rayonnement ultraviolet comme les lits, les cabines et les lampes émettent des UV. L’Organisation mondiale de la Santé classe les UV qu’émettent ces appareils comme cause connue du cancer de la peau. La surexposition aux rayonnements ultraviolets provoque des brûlures de la peau et des brûlures oculaires. Le port de lunettes de protection est obligatoire.”in French.

SCHEDULE C

1. The decal must be at least 18 centimetres in width and 9 centimetres in height.

2. The decal must comply with the requirements for colour, font size and format shown together with the representation of the decal at the website entitled “UVRSmart” that is accessible through a website of the Government of Ontario.

3. The decal must bear the statement “The Ontario Skin Cancer Prevention Act (Tanning Beds) prohibits persons under 18 years of age from using UV tanning equipment in this facility. Proof of age will be required for individuals who appear to be less than 25 years old before using UV tanning equipment.” in English or “La Loi de 2013 sur la prévention du cancer de la peau (lits de bronzage) de l’Ontario interdit aux personnes de moins de 18 ans d’utiliser les appareils de bronzage par rayonnement ultraviolet de cet établissement. Les particuliers qui semblent avoir moins de 25 ans devront produire une preuve d’âge avant d’utiliser les appareils de bronzage par rayonnement ultraviolet.” in French.

SCHEDULE D

1. The decal must be at least 18 centimetres in width and 9 centimetres in height.

2. The decal must comply with the requirements for colour, font size and format shown together with the representation of the decal at the website entitled “UVRSmart” that is accessible through a website of the Government of Ontario.

3. The decal must bear the statement “It is illegal to sell, offer for sale or provide tanning services to anyone under 18 years of age. Proof of age is required for individuals who appear to be less than 25 years old. Protective eyewear is required.” in English or “Il est illégal de vendre, de mettre en vente ou de fournir des services de bronzage à des personnes de moins de 18 ans. Les particuliers qui semblent avoir moins de 25 ans devront produire une preuve d’âge. Le port de lunettes de protection est obligatoire.” in French.

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