2004_417

O.C. 417/2004

A.R. 198/2004

September 8, 2004

The Lieutenant Governor in Council makes the Recreation Area Regulation set out in the attached Appendix.

For Information only

Recommended by: Minister of Health and Wellness

Authority: Public Health Act
(section 66)

APPENDIX

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

16 Expiry

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;

(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 This Regulation, other than sections 1, 3(3) and (4), 4, 7(2) and 8, does not apply to remote recreation areas.

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, as those provisions relate to remote recreation areas, 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.

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;

(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) Every recreation area must be equipped and operated so that potable water is supplied in a quantity and manner sufficient to adequately operate and maintain the area and, with respect to potable water supplied by the area,

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

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

(c) immediately before the commencement of each operating season for the recreation area, and as frequently during the operating season as an executive officer requires, the potable water supply must be sampled in accordance with the instructions of an executive officer.

(2) Where a remote recreation area provides potable water,

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

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

Non-potable water

8 Where a recreation area or a remote recreation area has a non-potable water supply, a notice containing the words “Not Safe for Drinking” or similar words and a symbol indicating that the water is not safe for drinking must be conspicuously posted at the location at which that water is supplied to the persons using the water.

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;

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;

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,

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

(b) a notice containing the words “Not Safe for Drinking” or similar words and a symbol indicating that the water is not safe for drinking must be conspicuously posted at the location at which that water is supplied to the persons using the water.

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.

Expiry

16 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 31, 2013.