The Regional Municipality of Peel
By-law number 39-2014

A by-law to regulate personal services and to disclose inspection information to the public about personal service settings.

WHEREAS subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, grants authority to Ontario municipalities to pass by-laws for the health, safety, and well-being of persons and for consumer protection; 

AND WHEREAS The Regional Municipality of Peel is a board of health pursuant to the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended;

AND WHEREAS Personal Services have been associated with the risk of transmission of infectious diseases;

AND WHEREAS the Ontario Public Health Standards and Infection Prevention and Control in Personal Services Settings Protocol provide that a board of health shall perform routine inspections for all Personal Service Settings at least once a year;

AND WHEREAS it is desirable for the health, safety and well-being of persons and for consumer protection to regulate Personal Service Settings for the purposes of infection prevention and control;

AND WHEREAS it is desirable for the health, safety and well-being of persons and for consumer protection to require that Personal Service Settings post notice of their health inspection results in a conspicuous location, and to otherwise make such inspection results available to the public;

Now therefore the Council of the Regional Corporation enacts as follows:

DEFINITIONS:

1. In this By-law: 
    

   “Inspector” means a public health inspector acting under the direction of the Medical Officer of Health for the Region;

   “Invasive Procedure” means a Personal Service that involves breaking the skin or mucous membrane, including but not limited to, tattooing, ear lobe piercing, body piercing, electrolysis, and micropigmentation;

   "Medical Officer of Health" means the Medical Officer of Health for the Region, duly appointed under the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and includes an Inspector acting on his or her behalf;

   “Operator” means any person who owns, occupies, manages, controls, governs, has responsibility for and control over, or performs the activity carried on within a Personal Service Setting, although there may be more than one operator of the Personal Service Setting;

   “Peel Health Inspection Summary” means a placard issued by the Region in accordance with this By-law which discloses public health inspection results and which is intended for display at a Personal Service Setting;

   “Personal Service” means any service where substances, instruments or other equipment come into contact with skin or mucous membranes for purposes of aesthetic or cosmetic treatment, which includes, but is not limited to: tattooing, micropigmentation, ear lobe and body piercing, manicures and pedicures, hairdressing, barbering and hair removal;

   “Personal Service Setting” means a business premises, situated within the geographical territory governed by the Region, where a Personal Service is provided or offered to members of the public;

   “Region” means The Regional Municipality of Peel;

   “Single Use Device” means any instrument or equipment used in the provision of Personal Services that is designed or intended by the manufacturer to be used once, or that cannot be cleaned and disinfected or sterilized after use;

   “Spore Test” means the use (according to the manufacturer’s specifications) of a commercially prepared biological indicator test system containing viable spores to monitor the fitness and effectiveness of sterilizing equipment.

   APPLICATION:

2. This By-law applies to every Operator situated in the geographical territory governed by the Region;

3. Notwithstanding Section 2, this By-law does not apply to any person who provides a Personal Service in their capacity as a duly authorized member of a self governing health profession, as provided for in Schedule 1 to the Regulated Health Professions Act, 1991, S.O. 1991, c.18. 

   POSTING REQUIREMENT:

4. Every Operator shall ensure that the most current and up-to-date Peel Health Inspection Summary issued by the Region is posted immediately and maintained in a conspicuous place, clearly visible to members of the public, at or near the main public entrance of the Personal Service Setting.

5. Where a Personal Service Setting does not have a public entrance, every Operator shall ensure that the most current and up-to-date Peel Health Inspection Summary issued by the Region is posted immediately and maintained in a conspicuous place, clearly visible to members of the public, at or near the location where the Personal Service is performed.

   OPERATIONAL STANDARDS:

6. Every Operator shall maintain their Personal Service Setting in a clean and sanitary condition.

7. Every Operator shall maintain an illuminated working area to facilitate cleaning and prevention of injuries.

8. Every Operator shall ensure any chair, table, mat or other surface used in the Personal Service Setting is of a smooth and impermeable material and maintained in a clean and disinfected condition.

9. Every Operator shall store and handle instruments and equipment in a manner that is safe, secure and preventative of contamination.

10. Every Operator shall have at least one sink conveniently located to the work area and within the Personal Service Setting, with an adequate supply of potable hot and cold running water, which shall be of a type and volume adequate for proper hand washing as well as the proper cleaning of instruments and equipment used in the provision of the Personal Service.

11. Every sink situated within the Personal Service Setting that is used for hand washing shall be accessible at all times and supplied with:

    a. an adequate supply of liquid soap in a suitable container or dispenser;

    b. clean individual towels or an electric dryer for hand drying; and

    c. a receptacle for used towels and waste material.

12. Every person who performs an Invasive Procedure, or has contact with blood, body fluids, secretions or excretions while performing a Personal Service shall wash their hands both before and after administering a Personal Service, and during administration of the Personal Service, as needed, and every Operator shall ensure that this section is complied with. If a person who performs an Invasive Procedure intends to wear disposable gloves, that person shall wash their hands immediately before putting on the disposable gloves and immediately after removing them.

13. Every Operator shall ensure the proper cleaning and disinfecting, or cleaning and sterilizing of reusable equipment after every use in a manner which, in the opinion of the Medical Officer of Health, is sufficient to prevent disease transmission.

14. No Operator shall use a Single Use Device on more than one individual, nor shall an Operator store any Single Use Device for later use on the same individual

15. Every Operator shall properly dispose of all Single Use Devices immediately after their first use.

16. Every Operator shall exclusively use sterile needles and sterile sharp instruments that are Single Use Devices when performing an Invasive Procedure.

17. When performing an Invasive Procedure, no Operator shall use a needle or sharp instrument from packaging that has been previously opened, damaged or compromised in any way. 

18. Every Operator shall immediately dispose of all used sharp instruments, including but not limited to needles, syringes, scalpels and razor blades, in a puncture resistant and leak resistant biohazard container designed specifically for the safe disposal of sharp instruments, and secure and dispose of all such containers in accordance with the requirements of the Ontario Environmental Protection Act and related regulations, and any other applicable law.

19. Every Operator is responsible for monitoring all sterilizing equipment used within the Personal Service Setting by performing Spore Tests and by using temperature sensitive indicators in a manner and upon such schedule as directed by the Region in its sole discretion.

20. Every Spore Test performed by an Operator shall be promptly submitted to an approved laboratory for analysis and for a determination of whether the equipment passed or failed the Spore Test.

21. Upon receipt of a laboratory report indicating a failed Spore Test, an Operator shall immediately advise an Inspector and take necessary steps to address the cause and consequences of the failed Spore Test.

    RECORDS:

22. Every Operator shall make a record of the date and time of each use of sterilizing equipment together with the temperature, pressure and duration of the sterilization as well as the name of the individual who performed the sterilization.

23. Every Operator shall make a written record of every Spore Test conducted on sterilizers or related equipment that would enable an Inspector to match the laboratory report of each Spore Test with the equipment that was subject to the Spore Test.

24. Every Operator shall make a written record of all Invasive Procedures performed at the Personal Service Setting which shall include the following information:

    a) the first and last name, mailing address and telephone number of the individual who received the Invasive Procedure;

    b) the date that the Invasive Procedure was performed;

    c) a description of the Invasive Procedure; and

    d) the first and last name of the individual who performed the Invasive Procedure.

25. Every Operator shall retain the records required to be made by this By-law for a minimum of five years and shall keep the records on site at the Personal Service Setting for at least the first twelve months following the creation of the record.

26. Every Operator shall retain the laboratory report of each Spore Test for a minimum of five years and shall keep the records on site at the Personal Service Setting for at least the first twelve months following receipt of the laboratory report.

    INSPECTIONS:

27. An Inspector may enter and inspect all buildings, structures or parts thereof and may inspect all facilities, equipment, documents and other materials that are subject to this By-law at any reasonable time for the purposes of determining whether there is compliance with this By-law.

    EXAMINATIONS:

28. An Inspector may make examinations, investigations, tests and inquiries for the purpose of ascertaining compliance with this By-law. 

    SAMPLES OR EXTRACTS:

29. An Inspector may make, take and remove or require the making, taking and removal of copies, samples or extracts related to an examination, investigation, test or inquiry for a purpose of ascertaining compliance with this By-law.

    DIRECTION:

30. Following an inspection, the Region may issue a Peel Health Inspection Summary for display in the Personal Service Setting.

31. An Inspector may require an Operator to return a Peel Health Inspection Summary to the Region.

    COPIES:

32. A copy of any written or recorded material related to an investigation, examination, test or inquiry and purporting to be certified by an Inspector is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original.

    DUTY TO IDENTIFY:

33. Where an Inspector has reasonable grounds to believe that an offence has been committed by a person, the Inspector may require the name, address and proof of identity of that person, and the person shall supply the required information.

    OBSTRUCTION:

34. No person shall hinder or obstruct, or attempt to hinder or obstruct, an Inspector lawfully carrying out a power, duty or direction under this By-law.

35. A refusal of consent to enter or to remain in a room or place actually used as a dwelling does not constitute hindering or obstructing unless the Inspector is acting under a warrant.

    OFFENCES:

36. Every person other than a corporation who contravenes any provision of this by-law, is guilty of an offence and on conviction is liable, for every day or part thereof upon which such offence occurs or continues, to a fine of not more than $10,000 for a first offence; and not and not more than $25,000 for any subsequent conviction.

37. Every corporation which contravenes any provision of this by-law, is guilty of an offence and on conviction is liable, for every day or part thereof upon which such offence occurs or continues, to a fine of not more than $50,000 for a first offence and not more than $100,000 for any subsequent conviction.

38. Without limiting any other section of this by-law, every person who contravenes any provision of this by-law is guilty of an offence and on conviction is liable to a fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33. 

39. If any person is in contravention of any provision of this by-law, and the contravention has not been corrected, the contravention of the provision shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected.

40. For the purposes of this by-law, subsequent conviction means a conviction for an offence which offence occurs after the date of conviction for an earlier offence under this by-law.

41. Where any person contravenes any provision of this by-law, such person shall be responsible for all costs incurred by the Region directly related to the contravention.

    SEVERABILITY OF SECTION:

42. If any section or sections of this By-law, or parts thereof are found by any court of competent jurisdiction to be illegal or beyond the power of Regional Council to enact, such section or sections or parts thereof shall be deemed to be severable from this By-law and all remaining sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be properly enacted and to be of full force and effect.

    EFFECTIVE DATE:

43. This by-law shall come into force and take effect on January 1, 2015.

    GENERAL:

    This by-law may be referred to as the “Region of Peel Personal Service Settings By-law”.

READ THREE TIMES AND PASSED IN OPEN COUNCIL this 22nd day of May, 2014.

PART I: PROVINCIAL OFFENCES ACT

THE REGIONAL MUNICIPALITY OF PEEL

BY-LAW NUMBER 39-2014

A BY-LAW TO REGULATE PERSONAL SERVICES AND TO DISCLOSE INSPECTION INFORMATION TO THE PUBLIC ABOUT PERSONAL SERVICE SETTINGS

Note: the general penalty provision for the offence listed above is section 38 of By-Law 39-2014, a certified copy of which has been filed.