Written by Me Ludovic Le Draoullec
Regulation on Residential Pool Safety
The scourge of drownings, often preventable with a few extra precautions, is a troubling issue in our modern society. In response to this concern, the Quebec government has implemented several legislative measures, primarily through the Regulation on Residential Pool Safety since 2010, to impose stricter standards and prevent such tragic incidents.
Applicability
The Regulation on Residential Pool Safety applies to any artificial pool with a depth of 60 cm or more, provided that it is located outdoors, thus affecting all types of residential constructions, including those held in divided co-ownership. Indeed, several co-ownership properties have outdoor pools for the enjoyment of their co-owners. In this regard, it is possible that your building will have to comply with the new modifications of this regulation, which will come into effect in the summer of 2021.
The New Modifications
Firstly, the new modifications include tightening the rules regarding chain-link fences that form the protective enclosure around the pool. Additionally, they also affect the doors within the enclosure that provide access to the pool. These modifications apply to all new installations as of July 1, 2021.
Furthermore, certain modifications regarding enclosures with windows, fixed structures or equipment that could be used to climb over the enclosure, and diving boards are also part of the new decree. These apply to all new installations, both after and before July 1, 2021.à toutes les nouvelles installations après, mais aussi avant, le 1er juillet 2021.
End of Acquired Rights
Undoubtedly, the most significant change brought by the decree is the end of acquired rights enjoyed by owners of pools installed before 2010, which allowed them to not comply with access control rules, such as the installation of a protective enclosure around the pool.
Henceforth, the Regulation requires that all installations, including those existing before November 2010, comply with the regulation no later than September 30, 2025 (previously July 1, 2023, according to Decree 662-2021 of May 12, 2021).
This modification signifies the end of two systems (the acquired rights for pools installed before 2010 and the system for more recent pools equipped with compliant enclosures or ladders). Starting from September 30, 2025, all outdoor residential pools in co-ownership without exception must be equipped with a fence or ladder compliant with the Regulation.
The legislator, therefore, terminates the acquired rights of owners of pools installed before 2010 and grants them a few more years, until 2025, to comply with the access control restrictions for pools.
The board of directors must verify whether the condominium’s pool complies with the provisions of the Regulation, regardless of whether the pool was installed before or after 2010. As of September 30, 2025, the Regulation will apply to all pools in the territory of Quebec. Those refusing to comply could face fines imposed by the municipality ranging from $500 to $1,000.