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AR 198/2004 RECREATION AREA REGULATION

(Consolidated up to 127/2016)

ALBERTA REGULATION 198/2004

Public Health Act

RECREATION AREA REGULATION

Table of Contents

                1      Definitions

                2      Application of Regulation

                3      Duties of owner

                4      Location and operations

                5      Drainage

                6      Accommodation facilities

                7      Potable water

                8      Non‑potable water

                9      Garbage

              10      Privies, etc.

              11      Location near water

              12      Recreational vehicle water supplies and wastes

              13      Flushing of recreational vehicles’ holding tanks


              14      Houseboats

              15      Repeal

Definitions

1   In this Regulation,

                               (a)    “accommodation facilities” means buildings or other structures all or part of which are used for overnight sleeping purposes or for eating purposes;

                              (b)    “camper” means any person who

                                        (i)    uses the facilities, or

                                      (ii)    participates in the activities

                                       of a recreation area whether or not the person pays a fee in respect of that use or participation;

                               (c)    “campground” means land on which a person is commonly permitted to

                                        (i)    erect tents, or

                                      (ii)    park recreational vehicles

                                       for the purpose of overnight camping, and includes any building, structure, tent, vehicle or enclosure that is located on the land and is used as part of the facility;

                              (d)    “executive officer” means an executive officer as defined in section 1 of the Public Health Act;

                               (e)    “potable water” means water that is safe for human consumption;

                               (f)    “recreation area” means a campground or a recreation camp;

                               (g)    “recreation camp” means a camp that contains accommodation facilities and is used wholly or partly for recreational purposes and, without limiting the generality of the foregoing, includes the following:

                                        (i)    trail riding ranches and guest ranches;

                                      (ii)    rural experience camps;

                                     (iii)    nature experience camps;

                                     (iv)    survival training camps;

                                       (v)    fishing, hunting, skiing, golf or fitness camps;

                                     (vi)    religious training camps;

                                    (vii)    nudist camps;

                                   (viii)    camps for disabled persons;

                                     (ix)    rehabilitation camps for mental illness, alcoholism or weight loss;

                                       (x)    camps for persons with specific health needs;

                                     (xi)    youth camps;

                              (h)    “recreational vehicle” means a vehicle as defined in section 1 of the Traffic Safety Act that is designed to provide temporary living quarters to be used for travel, recreation, leisure or vacation purposes;

                               (i)    “remote recreation area” means a recreation area that

                                        (i)    is used for overnight camping,

                                      (ii)    is located so that it is accessible only by foot, horseback, water craft, air craft or off‑highway vehicle, and

                                     (iii)    is located more than 2 kilometres from a travelled roadway.

Application of Regulation

2   Only sections 1, 3(3) and (4), 4, 7 and 8 apply to remote recreation areas.

AR 198/2004 s2;85/2012

Duties of owner

3(1)  The owner of a recreation area must ensure that sections 4 to 11, as those provisions relate to recreation areas, are complied with.

(2)  In the case of a recreation area that is a campground, the owner of the campground, in addition to complying with subsection (1), must ensure that sections 12 and 13, as those provisions relate to campgrounds, are complied with.

(3)  The owner of a remote recreation area must ensure that sections 4, 7 and 8 are complied with.

(4)  Where the owner of a recreation area or remote recreation area does not operate the recreation area or remote recreation area, a reference in this Regulation to the owner of the recreation area or remote recreation area includes a reference to the person who operates the recreation area or remote recreation area.

AR 198/2004 s3;85/2012

Location and operations

4   Recreation areas and remote recreation areas must be located, operated and maintained so as to ensure that

                               (a)    water sources will not become polluted, and

                              (b)    nuisances will not be created,

by the operation or use of the recreation area or remote recreation area.

Drainage

5   Recreation areas must be located so as to ensure that they are well drained.

Accommodation facilities

6(1)  Any accommodation facilities that are located in a recreation area must be maintained

                               (a)    in a structurally sound and weatherproof condition, and

                              (b)    in a clean and sanitary condition.

(2)  Where beds, mattresses and bedding, or any one or more of those items, are provided in respect of an accommodation facility located in a recreation area,

                               (a)    the beds provided must be maintained

                                        (i)    in good condition, and

                                      (ii)    in a clean and sanitary condition;

                              (b)    the mattresses, pillows and other bedding provided must be maintained in a clean and sanitary condition;

                               (c)    if sheets and pillow cases are not provided, the mattresses and pillows that are provided must

                                        (i)    have covers that can be laundered, or

                                      (ii)    be covered with a material that is suitable for cleaning by wiping and sanitizing;

                              (d)    the sheets and pillow cases that are provided must

                                        (i)    be laundered as necessary to keep them clean, and

                                      (ii)    if used, be laundered before a new person uses them.

Potable water

7(1)  If a recreation area supplies water

                               (a)    for human consumption,

                              (b)    to a sink or shower facility, or

                               (c)    through hook up to a recreational vehicle,

the water must be potable, and the requirements set out in subsection (2) must be met in respect of the potable water.

(2)  Where a recreation area supplies potable water,

                               (a)    the potable water supply must be sampled immediately before the commencement of each operating season for the recreation area and as may be required by an executive officer throughout the operating season,

                              (b)    the potable water supply must be kept in a clean and sanitary state, and

                               (c)    the equipment used for transmission, treatment and storage of the potable water supply must be maintained in a condition that is, and operated under conditions that are, clean and sanitary.

AR 198/2004 s7;85/2012

Non‑potable water

8   If a recreation area supplies non‑potable water, the fact that the water supply is non‑potable must be advertised at each public access point where the water is dispensed or supplied with a conspicuously and permanently posted sign that

                               (a)    states “Not Safe for Drinking” or a similar statement, and

                              (b)    has a pictorial symbol indicating the water is not safe for drinking.

AR 198/2004 s8;85/2012

Garbage

9(1)  A recreation area must be provided with conveniently located garbage and refuse containers that are sufficient to receive all garbage and refuse generated in the recreation area.

(2)  Where garbage and refuse containers are provided under subsection (1),

                               (a)    those containers must

                                        (i)    be of a design so as to prevent animals from having access to garbage or refuse in the containers,

                                      (ii)    be of sturdy construction,

                                     (iii)    be made of or lined with impervious material, and

                                     (iv)    be maintained in a clean condition;

                              (b)    in the case of containers that use plastic bags, the plastic bags must be held in a cleanable enclosure made from suitable material;

                               (c)    the contents of the containers must be removed regularly so that they do not become overfilled or become a nuisance.

Privies, etc.

10(1)  Except where under another enactment or under a bylaw a recreational area is required to be equipped with water closets or chemical closets, a recreation area must be provided with permanent outdoor privies in such a number and location and of such construction as to adequately meet the needs of campers.

(2)  Water closets, chemical closets and outdoor privies located in a recreation area must be maintained in a clean and sanitary condition.

(3)  All outdoor privies located in a recreation area must be constructed and maintained so that

                               (a)    animals, including insects, are kept, as reasonably as possible, from having access to the waste material;

                              (b)    neither surface water nor groundwater is able to enter the privies’ pit;

                               (c)    waste material contained in the privies’ pit is not able to contaminate any groundwater course.

Location near water

11(1)  Every outdoor privy or liquid waste disposal facility located in a recreation area must be placed at least 30 metres from any river, stream, creek, lake, spring, irrigation ditch or other body of surface water.

(2)  Notwithstanding subsection (1), an outdoor privy or liquid waste disposal facility may be placed within the 30‑metre limit referred to in subsection (1) if the outdoor privy or liquid waste disposal facility is equipped with a watertight compartment that receives all the waste material.

Recreational vehicle water supplies and wastes

12(1)  Subject to subsection (2), where a campground is equipped with a water supply system designed to provide water to a recreational vehicle by means of one or more water lines that allow a direct hook‑up with the recreational vehicle,

                               (a)    the water lines must be fitted with back flow preventers, and

                              (b)    the campground must have a sanitary dumping station for receiving water‑carried waste from the sewage holding tank in the recreational vehicle.

(2)  Subsection (1)(b) does not apply where there is a sanitary dumping station that is located within a reasonable distance of the campground and the operator of any recreational vehicle using the campground has access to that sanitary dumping station pursuant to an agreement between the owner of the campground and the owner or operator of the sanitary dumping station.

(3)  The operator of a recreational vehicle must ensure that no waste material contained in or coming from the recreational vehicle is deposited in any manner that creates or may create a nuisance.

Flushing of recreational vehicles’ holding tanks

13   Where a campground is equipped with a hose and water for flushing recreational vehicles’ sewage holding tanks or washing down sanitary dumping station dump areas or pads, the water supply at the hose outlet is deemed to be non‑potable, and

                               (a)    every water line that provides water to the hose must be fitted with a back flow preventer, and

                              (b)    a conspicuously and permanently posted sign must be displayed at each public access point where the water is dispensed or supplied that

                                        (i)    states “Not Safe for Drinking” or a similar statement, and

                                      (ii)    has a pictorial symbol indicating the water is not safe for drinking.

AR 198/2004 s13;85/2012

Houseboats

14(1)  In this section,

                               (a)    “campground” means a campground that has facilities for accommodating a houseboat in the situation where persons can stay on the houseboat on an overnight basis while the houseboat is located on water;

                              (b)    “houseboat” means any water craft that is designed or otherwise equipped to provide temporary living quarters to be used for travel, recreation, leisure or vacation purposes.

(2)  Sections 12 and 13 apply to a campground with respect to the accommodation of houseboats in the same manner as if a houseboat was a recreational vehicle.

Repeal

15   The Recreation Area Regulation (AR 245/85) is repealed.

16   Repealed AR 127/2016 s4.