This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2011, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Tanning Facilities Regulations
made under Section 10 of the
Tanning Beds Act
S.N.S. 2010, c. 44
O.I.C. 2011-191 (May 31, 2011), N.S. Reg. 195/2011
Citation
1 These regulations may be cited as the Tanning Facilities Regulations.
Definitions
2 (1) In these regulations,
“Act” means the Tanning Beds Act;
“UV” means ultraviolet.
(2) In clause 7(c) of the Act, in relation to an enforcement officer’s power to enter a tanning facility’s premises,
“at all reasonable times” means during the business hours of the owner of the tanning facility;
“tanning facility’s premises” does not include any part of the premises that is used exclusively as a dwelling.
Warning signs
3 (1) Warning signs required by Section 6 of the Act must meet the following specifications and be displayed in accordance with the following:
(a) a point of sale warning sign in the form and of the size specified in Schedule A must be displayed in accordance with all of the following, so that customers can easily view the warning sign before purchasing UV tanning services:
(i) it must be within 1 m of each cash register where UV tanning services may be sold,
(ii) it must be readily legible and unobstructed;
(b) a health warning sign in the form and of the size specified in Schedule B must be displayed in accordance with all of the following, so that customers can easily view the warning sign before using UV tanning equipment:
(i) it must be displayed conspicuously within 1 m of each piece of UV tanning equipment,
(ii) it must be readily legible and unobstructed;
(c) a door decal in the form and of the size specified in Schedule C must be placed in accordance with all of the following so that it is visible to a person approaching the tanning facility:
(i) it must be placed immediately above or in close proximity to each entrance door handle 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 tanning facility is open, it must be placed within 1 m of each entrance, unobstructed and clearly visible to those entering the tanning facility,
(iv)* it must be readily legible and unobstructed.
[*subclause numbering as in original]
Enforcement officer must produce evidence of designation on request
4 In exercising any of their powers under Section 7 of the Act or under these regulations, an enforcement officer must produce, on request, evidence of their designation as an enforcement officer.
Enforcement officer investigation powers
5 (1) In addition to the powers specified in Section 7 of the Act, in conducting an investigation to determine compliance with the Act and these regulations, an enforcement officer may do any of the following:
(a) question a person on matters relevant to the investigation;
(b) examine any record or other thing that is relevant to the investigation;
(c) remove any record or other thing relevant to the investigation for evidence.
Enforcement officer may order removal of sign
6 An enforcement officer may order an owner to remove any sign found to be in violation of the Act or these regulations.
Advertising or promotion
7 Nothing in these regulations prohibits an owner from displaying any sign or material promoting or advertising the sale of or otherwise respecting the use of tanning equipment as long as the owner complies with the signage requirements in these regulations.
Proof of age
8 (1) A person who is required by an owner or an employee of an owner to provide proof of age under Section 5 of the Act must present 1 of the following:
(a) for a resident of the Province,
(i) a valid driver’s licence issued by the Province that displays a photographic image of the person to whom the licence is issued,
(ii) a valid identification card issued by the Province that displays a photographic image and the birthdate of the person to whom the identification card is issued,
(iii) a valid Canadian passport,
(iv) a Canadian citizenship card displaying a photographic image of the person to whom the card is issued,
(v) a Canadian Forces identification card;
(b) for an out-of-Province resident:
(i) a valid driver’s licence issued by the place of residence of the resident that displays a photographic image of the person to whom the licence is issued,
(ii) a valid passport,
(iii) a Canadian citizenship card displaying a photographic image of the person to whom the card is issued,
(iv) a Canadian Forces identification card.
(2) An owner must refuse to sell access to tanning equipment to a person if it appears that the person’s proof of identification has been altered.
Schedule A: Point of Sale Warning Sign
(Size: 25 cm wide and 49 cm long)
WARNING
Exposure to UV light in tanning beds can cause skin cancer, serious injury and premature aging.
Fair-skinned people and others who burn easily are at higher risk.
Certain medical conditions, medications, cosmetics, and lotions increase sensitivity to UV tanning equipment and can lead to serious burns and injury.
IT IS ILLEGAL FOR PERSONS UNDER 19 TO ACCESS UV TANNING EQUIPMENT IN THIS FACILITY.
Schedule B: Health Warning Sign
(Size: 46 cm wide and 18 cm long)
WARNING
Exposure to the UV light in this tanning bed can cause skin cancer and premature aging.
Repeated exposure increases your risk of developing skin cancer.
Some medical conditions, medications, cosmetics
and lotions increase the risk of burns and serious injury.
Schedule C: Door Decal
(Size: 23 cm wide and 18 cm long)
NOTICE
The Nova Scotia Tanning Beds Act prohibits persons under 19 years of age from using UV tanning equipment in this facility. Proof of age will be required before using UV tanning equipment.