This is an unofficial version. If you need an official copy, use the bilingual (PDF) version.

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S.M. 2010, c. 37

Bill 225, 4^th Session, 39^th Legislature

The Public Health Amendment Act (Regulating Use of Tanning Equipment)

(Assented to June 17, 2010)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P210 amended

1

The Public Health Act is amended by this Act.

2

The following is added at the end of Part 4:

DIVISION 5

TANNING EQUIPMENT

Definitions

59.1(1)

The following definitions apply in this Division.

"commercial tanning operation" means a business or undertaking in which a person is permitted to use tanning equipment. (« entreprise commerciale de bronzage »)

"operator" means the owner of the commercial tanning operation, and includes the person who manages or controls a commercial tanning operation. (« exploitant »)

"tanning equipment" means a device that can be equipped with one or more ultraviolet lamps and induces skin tanning or other cosmetic effects.  It does not include any such device that is used in the production of therapeutic effects for medical purposes. (« appareil de bronzage »)

Children using tanning equipment

59.1(2)

No operator shall permit a child to use tanning equipment in a commercial tanning operation unless the child's parent or guardian

(a) consents in writing to the child's use of tanning equipment; and

(b) complies with any prescribed requirements respecting the child's use of tanning equipment.

Written consent

59.1(3)

A written consent required under clause (2)(a) must be in the form approved by the chief public health officer.

Defence of accused

59.1(4)

In a prosecution or a proceeding for a contravention of subsection (2), an accused has a defence if he or she can prove on a balance of probabilities that, before permitting a child to use tanning equipment, the accused attempted to verify that the child was at least 18 years old by asking for and being shown documentation prescribed in the regulations to verify age, and reasonably believed that the documentation was authentic and that the person was at least 18 years old.

Evidentiary presumption re tanning equipment

59.1(5)

In a prosecution or a proceeding for a contravention under this Division, evidence that a device was used, or was purported to be used, in whole or in part, by a person for skin tanning or other cosmetic effects is, in the absence of evidence to the contrary, proof that the device is tanning equipment.

Posting of warning signs

59.2

An operator must, in accordance with the regulations, post signs in the premises of a commercial tanning operation about the health risks of using tanning equipment.

Person may report suspected violation

59.3(1)

Any person who reasonably believes that a violation of this Division has occurred, or may occur, may report the circumstances leading to that belief to a medical officer, an inspector or other person specified in the regulations.

Protection from liability

59.3(2)

No action or other proceeding may be brought against a person for providing information in good faith under this Division.

Adverse employment action prohibited

59.3(3)

No employer shall take adverse employment action against an employee because that person provided information in good faith under this Division.

Interference or harassment prohibited

59.3(4)

No person shall interfere with or harass a person who provides information under this Division.

3

The following is added after clause 112(1)(hh):

(hh.1) respecting the use of tanning equipment in a commercial tanning operation, including

(i) the manner and frequency of consent required from a child's parent or guardian under section 59.1,

(ii) specifying persons to whom reports are to be made under subsection 59.3(1),

(iii) respecting the form, content and placement of warning signs that must be posted in commercial tanning operations;

Coming into force

4

This Act comes into force on a day to be fixed by proclamation.