Health Act -- HEALTH ACT FEES REGULATION

B.C. Reg. 274/92
O.C. 1243/92

Deposited July 24, 1992

This archived regulation consolidation is current to April 1, 2005 and includes changes enacted and in force by that date. For the most current information, click here.

Health Act

HEALTH ACT FEES REGULATION

[includes amendments up to B.C. Reg. 471/98]

*Contents*
	1	Interpretation
	2	Term of an operating permit
	2.1	Repealed
	3	Fees
	4	Decals
	5	Permits and decals not transferable
	6	Temporary facilities
	7	Remission of fees
	Schedule

Interpretation

1 In this regulation:

"connection" means the line from the water main to a dwelling, campsite or premises;

"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;

"domestic purposes" means the use of water for normal household requirements, including sanitation, human consumption and food preparation;

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

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

"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;

"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;

"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;

"water purveyor" means "water purveyor" as defined in section 1 of B.C. Reg. 230/92, the Safe Drinking Water Regulation;

"waterworks system" means "waterworks system" as defined in section 1 of B.C. Reg. 230/92, the Safe Drinking Water Regulation.

[am. B.C. Regs. 390/92, s. 4; 102/93, s.1; 377/93, s. 1; 471/98, s. 1.]

Term of an operating permit

2 (1) An operating permit in force on March 31 of a year expires on March 31 of that year.

(2) Despite subsection (1), an operating permit issued for a period of less than 12 months expires on the date specified on the approved application.

[en. B.C. Reg. 471/98, s. 2.]

Section Repealed

2.1 Repealed. [B.C. Reg. 274/92, s. 2.1 (4).]

Fees

3 (1) A person who is, or is applying to become an operator, proprietor or water purveyor 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, proprietor or water purveyor had an operating permit in force anytime during the 12 months prior to the renewal in respect of the same swimming pool, restaurant or waterworks system.

(2) Repealed. [B.C. Reg. 102/93, s. 3 (a).]

(3) The fee for renewal of an operating permit must be paid before the effective date of the renewal.

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

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

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

(5) Subsection (4) does not apply to an operating permit for a mobile food service unit.

[am. B.C. Reg. 102/93, s. 3.]

Decals

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

(2) If an operating permit does not bear a decal or if that decal does not cover the current date, then the operating permit is not valid.

[en. B.C. Reg. 102/93, s. 4.]

Permits and decals not transferable

5 An operating permit or decal is not transferable.

Temporary facilities

6 Notwithstanding sections 3 and 4, if a swimming pool, restaurant or waterworks system 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, proprietor, water purveyor 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.]

Remission of fees

7 Approval is given for the remission of the applicable fees if the operating permit is for a restaurant operated by a charitable organization whose purposes include the relief of poverty.

[en. B.C. Reg. 102/93, s. 5.]

Schedule

[en. B.C. Reg. 102/93, s. 6; am. B.C. Regs. 377/93, ss. 2 and 3; 184/95; 471/98, s. 4.]

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
	(b)	for a proprietor
		(i)	for a restaurant with 0 to 50 seats that is not a mobile food service unit	$150
		(ii)	for a restaurant with more than 50 seats	$250
	(c)	for a water purveyor
		(i)	for 1 - 14 connections	no charge
		(ii)	for 15 - 300 connections	$150
		(iii)	for 301 - 10 000 connections	$250
		(iv)	for 10 001 - 20 000 connections	$500
		(v)	for more than 20 000 connections	$1 000
(2)	If the operating permit is for a restaurant currently certified under the FOODSAFE Excellence Certification Program developed by the ministry to establish a code of practice for the preparation, distribution and presentation of food, the fee under subsection (1) (b), section 2 or 2.1 is reduced by 50%.
2 (1)	The operating permit fee for a fiscal year for a proprietor of a mobile food service unit is, at the choice of the proprietor, either
	(a)	$150, or
	(b)	$75.
(2)	Section 3 does not apply to a fee paid under subsection (1) (b).
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).

Tables 1 and 2

[Repealed. B.C. Reg. 471/98, s. 4 (e).]

3 If an operating permit is issued for part of a fiscal year, the fee is calculated using the following formula:

fee =	n x z

	12

where

n is the number of calendar months of the fiscal year in which the permit will apply, and

z is the applicable fee under section 1 or 2 (1) (a).

[Provisions relevant to the enactment of this regulation: Health Act, R.S.B.C. 1996, c. 179: section 8; Financial Administration Act, R.S.B.C. 1996, c. 138: section 19]