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Amusement Devices Act
REGULATION 20
Amended to O. Reg. 228/01
GENERAL
Note: This Regulation was revoked on June 27, 2001. See: O.Reg. 228/01, s. 1.
This is the English version of a bilingual regulation.
PART I
GENERAL
Interpretation
1.In this Regulation,
“adult kart” means a kart that is designed for use by persons who are at least 1,320 millimetres in height; (“kart pour adultes”)
“amusement ride” means an amusement device other than a go-kart or water slide; (“manège”)
“ASTM” means American Society for Testing and Materials; (“ASTM”)
“attendant” means a person who actively engages in or supervises the loading, movement or unloading of passengers on an amusement device or the marshalling of passenger carrying units or both; (“préposé au fonctionnement”)
“automobile ride” means an amusement ride in which the passenger carrying unit is in the form of a motor vehicle that travels within or along a predetermined path; (“manège d’automobiles”)
“bumper car” means an automobile ride where the passenger carrying units are equipped with an encircling buffer device and operate in an enclosed area consisting of a runway and a current grid and where the action of passengers may cause one passenger carrying unit to impact into another; (“auto tamponneuse”)
“class A1 amusement device” means a coaster ride, flume ride or ride that is similar to a coaster ride or flume ride, that travels 500 metres or more, other than a class A2 amusement device; (“attraction de catégorie A1”)
“class A2 amusement device” means an amusement device that is highly complex; (“attraction de catégorie A2”)
“class B1 amusement device” means a coaster ride, flume ride or ride that is similar to a coaster ride or flume ride, that travels 200 metres or more but less than 500 metres, other than a class A2 amusement device; (“attraction de catégorie B1”)
“class B2 amusement device” means an amusement device, other than a class A1, A2 or B1 amusement device, go-kart or water slide, that is designed to be used primarily by adults and that,
(a)transports passengers to a height exceeding six metres,
(b)tilts passengers more than 45 ofrom the vertical,
(c)has a total passenger capacity that exceeds fifty, or
(d)has a combination or has all of the features referred to in clauses (a), (b) and (c); (“attraction de catégorie B2”)
“class C1 amusement device” means an amusement device, other than a class A1, A2, B1 or C2 amusement device, go-kart or water slide, that is designed to be used primarily by adults; (“attraction de catégorie C1”)
“class C2 amusement device” means an amusement device, other than a class A1, A2, B1 amusement device, go-kart or water slide, that is designed to be used primarily by children that,
(a)transports passengers to a height exceeding three metres,
(b)tilts passengers more than 45 o from the vertical,
(c)has a total passenger capacity that exceeds twenty-four,
(d)moves passengers more than twenty metres along a circular path measured per revolution or more than fifty metres along a path other than a circular path measured per cycle, or
(e)has a combination or has all of the features referred to in clause (a), (b), (c) or (d); (“attraction de catégorie C2”)
“class D amusement device” means an amusement device, other than a class A1, A2, B1 or C2 amusement device, go-kart or water slide, that is designed to be used primarily by children; (“attraction de catégorie D”)
“coaster ride” means an amusement ride where passenger carrying units gain potential energy by being driven to a predetermined height from which they descend by kinetic energy along a fixed track; (“montagnes russes”)
“CSA” means Canadian Standards Association; (“CSA”)
“dry slide” means an amusement ride that consists of one or more inclined channels that do not contain water and on which a person slides down from a predetermined height into a landing area; (“glissoire”)
“existing amusement device” means an amusement device that was located in Ontario at any time in the twelve months prior to the date this Regulation comes into force; (“attraction existante”)
“factor of safety” means the ratio of the ultimate stress to the maximum stress imposed on a component of an amusement device due to fabrication, erection and environmental and operational conditions; (“coefficient de sécurité”)
“field test” means a test or a series of tests used to determine whether an amusement device conforms to its original design and operational criteria; (“essai pratique”)
“flume ride” means an amusement ride where the passenger carrying units are propelled along a water channel by the tow of water and that incorporates a lifting mechanism that imparts potential energy to the passenger carrying units allowing them to descend by kinetic energy along an inclined water channel into a horizontal water channel that decelerates the passenger carrying units; (“descente de rapides”)
“follow up inspection” means an inspection that is carried out after a periodic or special inspection to verify whether modifications have been made to correct any non-conformance identified during the periodic or special inspection; (“inspection de contrôle”)
“go-kart” means an amusement device that consists of one or more adult karts or kiddie karts that are driven on a go-kart track and includes the pit area and surrounding area but does not include automobile rides; (“circuit de karting”)
“go-kart track” means a specially constructed track that is used for karts; (“piste de karting”)
“kart” means a self-propelled motorized vehicle that is designed to be driven on a go-kart track at limited speed where the driver has full control over acceleration from rest, deceleration, stopping and steering of the vehicle; (“kart”)
“kiddie kart” means a kart that is designed for use by persons who do not exceed 1,375 millimetres in height; (“kart pour enfants”)
“life-guard” means a person who is the holder of,
(a)the National Lifeguard Service’s Lifeguard Certificate,
(b)the Royal Life Saving Society Canada’s Bronze Cross,
(c)the Young Men’s Christian Association’s Basic Life Saver Award, or
(d)a certificate that is equivalent to a certificate referred to in clause (a), (b) or (c); (“sauveteur”)
“manufacturer” means the manufacturer of an amusement device; (“fabricant”)
“maximum capacity” means the maximum number of passengers, passenger carrying units or maximum weight or any combination of these that the amusement device is designed for in order to operate safely at the maximum speed specified by the manufacturer for the amusement device; (“capacité maximale”)
“mechanic” means a person who has at least four years work experience directly related to the work assigned to the person and who has knowledge of the Act, this Regulation and the codes that apply to the amusement device to which the person is assigned; (“mécanicien”)
“new amusement device” means an amusement device other than an existing amusement device; (“nouvelle attraction”)
“on an emergency basis” means to replace an amusement device that is not operable and for which a current permit is issued; (“dans une situation d’urgence”)
“operator” means a person who has direct control over the starting, stopping or speed of an amusement device or part thereof or is in charge of the entire operation of an amusement device; (“personne qui fait fonctionner l’attraction”)
“passenger carrying unit” means that part of an amusement device that is self-propelled or attached directly or indirectly to the drive mechanism by means of a flexible linkage and that carries passengers through a ride cycle; (“unité de transport des utilisateurs”)
“periodic inspection” means an inspection, other than a special, follow up or subsequent inspection or an inspection under clause 8(3)(c), that is carried out from time to time after a permit is issued for an amusement device to determine if the amusement device is in accordance with the Act and this Regulation; (“inspection périodique”)
“professional engineer” means a professional engineer within the meaning of the Professional Engineers Act; (“ingénieur”)
“prototype test” means a test or series of tests performed by the manufacturer on the primary model of an amusement device to verify the design and operational characteristics of the amusement device including the deflections, loads and forces that are intended to be placed on the amusement device and the passengers riding on the amusement device; (“essai prototypique”)
“rope lay” means the length along a rope in which one strand makes a complete revolution around the rope; (“pas de câble”)
“rotor ride” means an amusement ride in which the passengers by the action of centrifugal force are maintained against the inner wall of a rotating vertical cylinder at the same time that the floor of the cylinder is lowered away from the feet of the passengers; (“manège centrifuge”)
“SAE” means Society of Automotive Engineers; (“SAE”)
“safety retainer” means a wire rope, chain, bar, attachment or other device that is designed to prevent a part or parts of an amusement device from,
(a)becoming disengaged from the amusement device, or
(b)tipping or tilting in a manner that could cause a hazard to a person using the amusement device or a person in the vicinity of the amusement device,
should a means of suspension, guiding or attachment fail; (“fixation de secours”)
“special inspection” means an inspection that is carried out following a complaint, accident, fire or similar occurrence with respect to an amusement device; (“inspection spéciale”)
“subsequent inspection” means an inspection that is carried out to verify whether modifications have been made to correct any non-conformance identified during an inspection under subsection 6(1) or clause 8(3)(c); (“inspection subséquente”)
“turntable ride” means an amusement ride in which passengers are positioned on a smooth, flat, circular table that is surrounded by a cushioned barrier and that by the action of the table rotating tends to force the passengers to slide off the table and into the cushioned barrier; (“manège pivotant”)
“water slide” means an amusement device that consists of one or more inclined channels that contain continuously running water, on which a person slides down from a predetermined height into a splash pool and that incorporates facilities for water treatment. (“glissoire aquatique”) R.R.O. 1990, Reg. 20, s.1.
Application of Act
2.(1)No person shall erect, operate or maintain an amusement device to which this Regulation applies except in accordance with this Regulation. R.R.O. 1990, Reg. 20, s.2(1).
(2)The following devices are exempt from the Act and this Regulation:
1.Off-road vehicles within the meaning of the Off-Road Vehicles Act.
2.Motorized snow vehicles within the meaning of the Motorized Snow Vehicles Act.
3.Public pools and wave action pools within the meaning of Regulation 565 of the Revised Regulations of Ontario, 1990 (Public Pools).
4.Aircraft within the meaning of the Aeronautics Act (Canada).
5.Devices whose sliding action is dependent on snow or ice.
6.Boats, other than motorized boats primarily designed for use by children and bumper boats.
7.Jet water skis and similar jet or motorized devices used on water.
8.Wind surfers and surf boards.
9.Muscular powered devices, other than swinging gyms.
10.Hang gliders.
11.Untethered parasails, balloons and chutes.
12.Hay rides.
13.Soap box racers.
14.Golf carts.
15.Hovercraft.
16.Skateboards and roller skates.
17.Live animal rides.
18.Self-propelled vehicles, other than those that travel in excess of 4 kilometres per hour and are designed primarily for use in an amusement park. R.R.O. 1990, Reg. 20, s.2(2).
(3)Every existing amusement device shall be deemed to meet the requirements of section 15, subsections 16(1), (2) and (3), sections 17 and 18, subsections 19(1), 20(1), 22(1) and (4) and the standards adopted by section 3 of the code adopted in section 26. R.R.O. 1990, Reg. 20, s.2(3).
(4)Subsection (3) does not apply,
(a)with respect to the part that is unsafe, where the person operating the amusement device is aware that a part of the amusement device is unsafe because it does not meet one of the requirements set out in a section referred to in subsection (3);
(b)with respect to the part that is unsafe, where an inspector finds that a part of an amusement device is unsafe; or
(c)with respect to the part, where a part of the amusement device is changed or replaced or a new part is added to the amusement device after this Regulation comes into force. R.R.O. 1990, Reg. 20, s.2(4).
Licence to Carry on Business
3.(1)An application for a licence to carry on the business of operating an amusement device or a renewal thereof shall be in a form provided by the Director. R.R.O. 1990, Reg. 20, s.3(1).
(2)It is a condition for entitlement for a licence or a renewal thereof that the applicant,
(a)is or employs a mechanic who is capable of maintaining each amusement device operated by the licensee;
(b)is or employs a mechanic who is capable of erecting each amusement device that is to be erected by the licensee;
(c)is or employs a person who has full knowledge of the Act and this Regulation who is in charge of the maintenance and operation of each amusement device of the licensee; and
(d)is or employs a person who has full knowledge of the Act and this Regulation who is in charge of the erection of each amusement device that is to be erected by licensee. R.R.O. 1990, Reg. 20, s.3(2).
(3)The amount of liability insurance prescribed for the purposes of section 4 of the Act is an amount not less than $1,000,000. R.R.O. 1990, Reg. 20, s.3(3).
(4)Each licence to carry on the business of operating an amusement device expires on the 31st day of December next following the date on which it was issued, unless otherwise stated in the licence. R.R.O. 1990, Reg. 20, s.3(4).
Permit for an Amusement Device
4.(1)An application for a permit to operate an amusement device or a renewal thereof shall be in a form provided by the Director. R.R.O. 1990, Reg. 20, s.4(1)
(2)It is a condition for the issuing of a permit to operate an amusement device that,
(a)the applicant is a licensee;
(b)the amusement device with respect to which the permit relates is registered in accordance with section 6;
(c)the applicant files with the Director an operating schedule that is in accordance with subsection (4); and
(d)the amusement device with respect to which the permit relates is in conformance with this Regulation. R.R.O. 1990, Reg. 20, s.4(2)
(3)It is a condition for the renewal of a permit to operate an amusement device that,
(a)the applicant is a licensee;
(b)the amusement device with respect to which the permit relates is registered in accordance with section 6;
(c)the amusement device is maintained in accordance with the requirements of section 10;
(d)the technical dossier required under clause 6(1)(a) is updated in accordance with subsection 7(6); and
(e)the applicant files with the Director an operating schedule that is in accordance with subsection (4). R.R.O. 1990, Reg. 20, s.4(3)
(4)For the purposes of this section, an operating schedule shall include,
(a)the location or locations in Ontario where the amusement device will be operated;
(b)the operating dates of the amusement device for the calendar year; and
(c)in the case of an itinerant amusement device, the date or dates for the erection and dismantling of the amusement device. R.R.O. 1990, Reg. 20, s.4(4)
(5)A permit to operate an amusement device expires on the 31st day of December next following the date on which it is issued unless otherwise stated on the permit. R.R.O. 1990, Reg. 20, s.4(5)
(6)A permit to operate an amusement device shall be kept in the vicinity of the amusement device to which it relates. R.R.O. 1990, Reg. 20, s.4(6)
(7)Where a permit is issued to a licensee for an amusement device brought into Ontario on an emergency basis, the Director shall not issue another permit on an emergency basis for that amusement device to that licensee. R.R.O. 1990, Reg. 20, s.4(7).
5.A change in the operating schedule of a licensee shall be forwarded by the licensee to the Director,
(a)where the change is to occur within fourteen days of the licensee becoming aware of the change, forthwith by telephone or other means of immediate communication; or
(b)where the change is not going to occur within fourteen days of the licensee becoming aware of the change, in writing. R.R.O. 1990, Reg. 20, s.5.
Registration of an Amusement Device
6.(1)It is a condition for the registration of an amusement device that,
(a)a technical dossier in accordance with section 7 with respect to the amusement device is filed with the Director;
(b)the amusement device is erected by or under the direct supervision of a licensee;
(c)after the amusement device is erected, a licensee carries out or causes to be carried out a preliminary examination of the amusement device to ensure that the amusement device is in accordance with the filed technical dossier that relates to the device and is in conformance with the Act and this Regulation;
(d)the amusement device is inspected by an inspector; and
(e)the amusement device is found by the inspector to be in a safe operating condition and in conformance with the Act and this Regulation. R.R.O. 1990, Reg. 20, s.6(1).
(2)Clause (1) (b) does not apply to existing amusement devices. R.R.O. 1990, Reg. 20, s.6(2).
(3)Upon the conditions set out in subsection (1) being satisfied, the Director shall register the amusement device. R.R.O. 1990, Reg. 20, s.6(3).
(4)Where an amusement device is registered, the licensee who applied for the registration shall affix the notice indicating the registration number to the amusement device. R.R.O. 1990, Reg. 20, s.6(4).
(5)Each registration of an amusement device expires five years after the last permit with respect to the device was issued. R.R.O. 1990, Reg. 20, s.6(5).
Technical Dossier
7.(1)Every technical dossier shall be submitted in duplicate and in English. R.R.O. 1990, Reg. 20, s.7(1).
(2)A technical dossier for a new amusement device shall include at least,
(a)specifications with respect to the amusement device on a form provided by the Director;
(b)a site layout of the amusement device that shows the static and operational mode clearance requirements, fences, barriers and structures in the vicinity of the amusement device, loading and unloading areas, track and foundations;
(c)drawings that contain plan and elevation views and cross-sectional areas to show the general arrangement of the amusement device, materials used, major components, dimensions and passenger carrying units;
(d)drawings showing details of devices used to keep the passenger inside the passenger carrying unit during the operation of the amusement device and safety retainers used;
(e)instructions with respect to erection and dismantling of the amusement device;
(f)operational instructions with respect to daily inspections, loading and unloading of the amusement device, communication between operators, attendants and passengers, environmental conditions that could affect the safe operation of the amusement device, procedures to be followed during an emergency shutdown of the amusement device, procedures to be followed when evacuating the amusement device and duties and responsibilities of operators and attendants;
(g)a maintenance manual with respect to the amusement device that contains,
(i)schematics of the hydraulic and electrical systems showing all operational and safety related components and their characteristics together with sequence of operation,
(ii)detailed instructions with respect to the method and interval of inspections, tests, lubrication and replacement of parts,