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"Point in Time" Regulation Content

Public Health Act; Financial Administration Act

Health Act Fees Regulation

B.C. Reg. 274/92

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 October 8, 2010
March 31, 2012
Section 3 October 8, 2010
Section 4 October 8, 2010
Section 6 October 8, 2010
Schedule October 8, 2010
Schedule October 8, 2010

 Section 1 definition "operating permit", paragraph (a) BEFORE repealed by BC Reg 297/2010, effective October 8, 2010.

(a) section 6 of B.C. Reg. 289/72, the Swimming Pool, Spray Pool and Wading Pool Regulations, or

 Section 1 definitions "operator", "pool", and "swimming pool" BEFORE repealed by BC Reg 297/2010, effective October 8, 2010.

"operator" means operator as defined in section 2 of B.C. Reg. 289/72, the Swimming Pool, Spray Pool and Wading Pool Regulations;

"pool" means "pool" as defined in section 1 of B.C. Reg. 289/72, the Swimming Pool, Spray Pool and Wading Pool Regulations;

"swimming pool" means a swimming pool as defined in section 2 of B.C. Reg. 289/72, the Swimming Pool, Spray Pool and Wading Pool Regulations.

 Section 1 BEFORE amended by BC Reg 69/2012, effective March 31, 2012.

 Interpretation

1  In this regulation:

"decal" means an adhesive label that is issued and affixed to an operating permit at the time fees under this regulation are paid or remitted;

"fiscal quarter" means a 3 month period extending from April 1 to June 30, July 1 to September 30, October 1 to December 31 or January 1 to March 31;

"fiscal year" means the 12 month period commencing April 1 of a year and ending March 31 of the following year;

"mobile food service unit" means a food service establishment as defined in section 1 of B.C. Reg. 148/74, the Sanitation and Operation of Food Premises Regulations that is a cart, stand, kiosk, coffee truck or similar conveyance that is self-contained, movable from place to place and equipped to store and prepare food that is to be served or sold to the public;

"operating permit" means an operating permit issued under

(a) Repealed. [B.C. Reg. 297/2010, Sch. s. 1 (a).]

(b) section 2.05 of B.C. Reg. 148/74, the Sanitation and Operation of Food Premises Regulations,

(c) Repealed. [B.C. Reg. 5/2007, App. 2, s. 1 (b).];

"proprietor" means a person who operates a food service establishment as defined in section 1.01 of B.C. Reg. 148/74, the Sanitation and Operation of Food Premises Regulations;

"restaurant" means a food services establishment as defined in B.C. Reg. 148/74, the Sanitation and Operation of Food Premises Regulations.

[am. B.C. Regs. 390/92, s. 4; 102/93, s.1; 377/93, s. 1; 471/98, s. 1; 5/2007, App. 2, s. 1; 297/2010, Sch. s. 1.]

 Section 3 (1) and (4) BEFORE amended by BC Reg 297/2010, effective October 8, 2010.

(1)  A person who is, or is applying to become an operator or proprietor must pay the fee set out in the Schedule if

(a) an application is being made for an operating permit, or

(b) an operating permit is renewed and the operator or proprietor had an operating permit in force anytime during the 12 months prior to the renewal in respect of the same swimming pool or restaurant.

(4)  Approval is given for the remission of a fee paid under this section if

(a) the operator or proprietor applies for the remission, and

(b) the fee is for a month of the fiscal year for which the operator or proprietor was not required to have the operating permit to which the fee applies.

 Section 4 (1) BEFORE amended by BC Reg 297/2010, effective October 8, 2010.

(1)  Subject to section 7, if an operator or proprietor pays the applicable fee set out in the Schedule, the operator or proprietor must be issued a decal to cover the period for which the fee is paid.

 Section 6 BEFORE amended by BC Reg 297/2010, effective October 8, 2010.

 Temporary facilities

6  Notwithstanding sections 3 and 4, if a swimming pool or restaurant is in operation for no more than 14 days during a fiscal year, then

(a) approval is given for a reduction in the applicable fee so that the operator or proprietor or other person is not required to pay the fee set out in the Schedule, and

(b) the operating permit is not required to bear a decal to be valid.

[en. B.C. Reg. 102/93, s. 5; am. B.C. Reg. 5/2007, App. 2, ss. 2 and 3.]

 Schedule, section 1 (1) (a) BEFORE repealed by BC Reg 297/2010, effective October 8, 2010.

1 (1) The operating permit fee for a fiscal year is
(a) for an operator
 (i) for a swimming pool with an area not exceeding 19 square meters$150
 (ii) for a swimming pool with an area exceeding 19 square meters$250

 Schedule, section 2.1 BEFORE re-enacted by BC Reg 297/2010, effective October 8, 2010.

2.1 (1) In this section "building site" means
(a) a site where there is only one building with one or more indoor or outdoor
 (i) swimming pools, or
 (ii) restaurants, or
(b) a site where there is a hotel with one or more indoor or outdoor
 (i) swimming pools, or
 (ii) restaurants.
(2) A person who, at a building site, is the operator of 2 or more swimming pools, the proprietor of 2 or more restaurants or both an operator and a proprietor must pay
(a) for the operating permit payable by the person that would result in the highest fee applicable under section 1, that fee, and
(b) for each of the other operating permits payable by the person and applicable at the building site, either, as the person chooses,
 (i) $75.00, or
 (ii) the amount specified under section 3.
(3) Repealed. [B.C. Reg. 471/98, s. 4 (c).]
(4) Section 3 does not apply to a payment made under subsection (2) (b) (i).