S-3.1.02 - The Residential Swimming Pool Safety Act

Updated to 1 October 2024

This document has official status.

chapter S-3.1.02

The Residential Swimming Pool Safety Act

1. The object of this Act is to promote the protection of persons by creating a uniform framework governing residential swimming pool safety.

To that end, the Government may, by regulation,

(1)  set residential swimming pool safety standards; and

(2)  determine when non-compliance with a standard set under subparagraph 1 constitutes an offence and establish the fines for such offences.

The first regulation made under the second paragraph must be examined by the competent committee of the National Assembly before it is adopted by the Government.

2007, c. 11, s. 1.

2. Local municipalities are to be responsible for ensuring compliance with the regulation made under section 1. They may institute penal proceedings for an offence under the regulation committed in their territory.

The fine belongs to the municipality if it instituted the proceedings.

Proceedings referred to in the first paragraph may be instituted before a municipal court having jurisdiction in the territory in which the offence was committed. The costs relating to proceedings brought before a municipal court belong to the municipality in which the court has jurisdiction, except any part of the costs remitted by the collector to another prosecuting party under article 345.2 of the Code of Penal Procedure (chapter C-25.1) and any costs remitted to the defendant or imposed on the municipality under article 223 of that Code.

2007, c. 11, s. 2; 2010, c. 18, s. 84.

3. This Act does not prevent a local municipality from adopting safety standards stricter than those set out in the regulation made under section 1, provided they are not incompatible with them.

A municipal by-law containing a standard that is less strict than the standard set by the regulation made under section 1 is deemed to have been amended, and the standard set out in the by-law is deemed to have been replaced by the standard set by the regulation made under section 1.

2007, c. 11, s. 3.

4. The Minister of Municipal Affairs, Regions and Land Occupancy is responsible for the administration of this Act.

2007, c. 11, s. 4; 2009, c. 26, s. 109.

5. (Omitted).

2007, c. 11, s. 5.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 11 of the statutes of 2007, in force on 1 August 2008, is repealed, except section 5, effective from the coming into force of chapter S-3.1.02 of the Revised Statutes.