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The Public Health Amendment Act (Prohibiting Children's Use of Tanning Equipment and Other Amendments)

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S.M. 2015, c. 6

Bill 11, 4th Session, 40th Legislature

The Public Health Amendment Act (Prohibiting Children's Use of Tanning Equipment and Other Amendments)

(Assented to June 30, 2015)

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(1)        Subsection 59.1(1) is amended

(a) by adding the following definition:

"health care facility" means a place where a person may receive medical examination, treatment or care, and includes a hospital, clinic and medical practitioner's office. (« établissement de santé »)

(b) in the definition "tanning equipment" by adding "solely in a health care facility" after "that is used".

2(2)        Subsection 59.1(2) is replaced with the following:

Prohibition — children using tanning equipment

59.1(2)     No operator shall permit a child to use tanning equipment in a commercial tanning operation.

Exception for prescription

59.1(2.1)   Despite subsection (2), a child may use tanning equipment in a commercial tanning operation if the child is using the device in accordance with a written prescription issued by a health professional designated by regulation for the purpose of this subsection.

2(3)        Subsection 59.1(3) is repealed.

3           Section 59.2 is replaced with the following:

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

(a) the health risks of using tanning equipment; and

(b) the prohibition against children using tanning equipment.

4           The following is added after section 59.2:

Protective eyewear

59.2.1      An operator must ensure that each person who uses tanning equipment in the commercial tanning operation is provided with protective eyewear, which meets the prescribed standards, in accordance with the regulations.

Prohibition — advertising aimed at children

59.2.2(1)   No person shall direct the advertising or marketing of the use of tanning equipment in a commercial tanning operation to children.

Interpretation of subsection (1)

59.2.2(2)   The prohibition in subsection (1) includes the following:

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

(i) is placed in publications or other media 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 using tanning equipment; 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 using tanning equipment.

5           Subsection 112(1) is amended

(a) by repealing subclause (hh.1)(i);

(b) by adding the following after subclause (hh.1)(iii):

(iv) designating health professionals for the purpose of subsection 59.1(2.1), and

(v) respecting the providing of, and prescribing standards for, protective eyewear that is to be provided to persons using tanning equipment in a commercial tanning operation;

(c) by adding the following after clause (hh.1):

(hh.2) respecting or prohibiting the use of specified types of tanning equipment in commercial tanning operations, including tanning equipment that does not require an attendant to control its operation;

Coming into force

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