Personal Service Establishment Regulations

Regulation

Registration: R-064-2012
Source: Unofficial consolidation PDF (justice.gov.nt.ca)
Under: Public Health Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

s.1 amended by R-018-2025,s.2 in force April 1, 2025
s.4 amended by R-018-2025,s.3 in force April 1, 2025
s.4.1 amended by R-018-2025,s.3 in force April 1, 2025
s.5 amended by R-018-2025,s.4 in force April 1, 2025
s.7 amended by R-018-2025,s.5 in force April 1, 2025
s.8 amended by R-018-2025,s.6 in force April 1, 2025
s.9 repealed by R-018-2025,s.7 in force April 1, 2025
s.16 amended by R-019-2022,s.2 in force March 1, 2022 (SI-007-2022)
s.18 amended by R-019-2022,s.2 in force March 1, 2022 (SI-007-2022)
s.18 amended by R-018-2025,s.8 in force April 1, 2025
s.25 amended by R-083-2018,s.3 in force May 15, 2018
s.28 amended by R-018-2025,s.9 in force April 1, 2025
s.sched_1 amended by R-018-2025,s.10 in force April 1, 2025
s.sched_2 amended by R-018-2025, art. 10 in force April 1, 2025

Contents

1. 1 2. 2 3. 3 4. 4 4.1. 4.1 5. 5 6. 6 7. 7 8. 8 9. Repealed 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 16. 16 17. 17 18. 18 19. 19 20. 20 21. 21 22. 22 23. 23 24. 24 25. 25 26. 26 27. 27 28. 28 29. 29 30. 30 31. 31 32. 32 SCHEDULE ANNEXE

The Commissioner, on the recommendation of the Minister, under section 50 of the Public Health Act and every enabling power, makes the Personal Service Establishment Regulations.

Interpretation

(1) In these regulations,

"equipment" means any items used in the operation and maintenance of a personal service establishment, including sinks, saunas, mud baths, treatment tables, treatment chairs, lighting systems, supplies, instruments, tools, machinery and appliances; (équipement)

"health warning sign" means a sign referred to in paragraph 29(1)(b); (panneau de mise en garde pour la santé)

"operator" means

(a) a person who manages a personal service establishment,

(b) a person who holds a personal service establishment permit,

(d) any other person who is responsible for the operation of a personal service establishment; (exploitant)

"personal service establishment permit" means a permit established under section 4; (permis d’établissement)

"point of sale warning sign" means a sign referred to in paragraph 29(1)(a); (panneau de mise en garde au point de vente)

"tanning equipment" means ultraviolet or other lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation, and components, such as ballasts, starters, reflectors, acrylic shields, timers and airflow cooling systems, of equipment that contain such lamps; (équipement de bronzage) "worker" means an employee, contractor, volunteer or other person, including an operator, who works or performs a function in a personal service establishment. (travailleur)

(2) In addition to the establishments referred to in paragraphs (a) and (b) of the definition "personal service establishment" in subsection 1(1) of the Act, the following are personal service establishments:

(a) the place of business of a chiropractor;

(b) the place of business of a person who provides one or more of the following services:

(i) application, maintenance or removal of artificial nails,

(ii) colonic irrigation,

(iii) ear or body piercing,

(iv) human branding,

(v) laser hair removal,

(vi) micropigmentation,

(vii) shaving;

(c) a place of business, or a place accessible to the public such as a public recreation facility, that provides a mud bath, sauna or steam room;

(d) rooms or other areas of a college or school, or rooms or other areas used for a training program, in which

(i) personal services are practised on human beings in the course of the training, or

(ii) equipment used for that purpose is cleaned, disinfected, sterilized or stored.

R-018-2025,s.2.

Application

(1) These regulations apply in respect of

(a) a personal service establishment in any location, including in a home or vehicle, or at a convention, exhibition, fair, festival or trade show;

(b) a temporary or permanent personal service establishment; and

(2) These regulations do not apply in respect of face painting or the application of henna designs at a temporary location such as at a convention, exhibition, fair, festival or trade show.

Personal Service Establishment Permits

A person shall not operate a personal service establishment without a valid personal service establishment permit.

The following classes of permit are established:

(a) an annual personal service establishment permit;

(b) a temporary personal service establishment permit.

R-018-2025,s.3.

4.1.

(1) A person may apply to the Chief Public Health Officer for

(a) an annual personal service establishment permit for a period of one year; or

(b) a temporary personal service establishment permit for a period of less than two weeks.

(2) An application under subsection (1) must include

(a) an application in a form approved by the Chief Public Health Officer; and

(b) the applicable fee set out in Schedule A.

(3) The Chief Public Health Officer may request additional information from a person who applies for a personal service establishment permit. R-018-2025,s.3.

(1) The Chief Public Health Officer may issue a personal service establishment permit to a person who complies with the Act and these regulations.

(2) The Chief Public Health Officer may set out any terms and conditions that the Chief Public Health Officer considers appropriate in a personal service establishment permit.

(3) The Chief Public Health Officer may refuse to issue a personal service establishment permit to a person who, in the opinion of the Chief Public Health Officer, has demonstrated that the person is not capable of operating a personal service establishment in accordance with the Act and these regulations. R-018-2025,s.4.

(1) A personal service establishment permit expires on the day set out in the permit.

(2) A personal service establishment permit is not transferable.

(3) An operator shall post a personal service establishment permit or a clear copy of it in a conspicuous location in the personal service establishment.

(1) An operator may apply to the Chief Public Health Officer to renew an annual personal service establishment permit.

(2) An application to renew an annual personal service establishment permit may be made

(a) before the expiry of the previous permit; or

(b) up to 30 days after the expiry of the previous permit.

(3) An application to renew an annual personal service establishment permit made after the expiry of the previous permit is subject to a late fee.

(4) An application for renewal under subsection (1) must include

(a) an application in a form approved by the Chief Public Health Officer;

(b) the renewal fee set out in Schedule A; and

(5) The Chief Public Health Officer may request additional information from an operator who applies to renew an annual personal service establishment permit.

(6) An operator who does not apply for renewal within the time period set out in subsection (2) may apply under section 4.1 for a new personal service establishment permit. R-018-2025,s.5.

(1) The Chief Public Health Officer may issue a renewed annual personal service establishment permit to an operator who complies with the Act and these regulations.

(2) The Chief Public Health Officer may set out any terms and conditions that the Chief Public Health Officer considers appropriate in a renewed personal service establishment permit.

(3) The Chief Public Health Officer may refuse to issue a renewed annual personal service establishment permit to an operator who, in the opinion of the Chief Public Health Officer,

(a) has demonstrated that the operator is not capable of operating a personal service establishment in accordance with the Act, these regulations and any terms and conditions set out in the previous permit; or

(b) has failed to comply with the Act, these regulations or a term or condition set out in the previous permit.

R-018-2025,s.6.

Repealed, R-018-2025,s.7.

10.

An operator shall not contravene a term or condition set out in a personal service establishment permit.

11.

If an operator contravenes the Act, these regulations or a term or condition set out in a personal service establishment permit, the Chief Public Health Officer may

(a) set new terms and conditions on the permit, or revoke, add to or amend existing terms or conditions; or

(b) suspend or cancel the permit.

Appeal to Chief Public Health

Officer

12.

(1) A person may, by notice in writing, appeal to the Chief Public Health Officer

(a) a failure or refusal to issue a personal service establishment permit or a renewed personal service establishment permit by a public health officer acting pursuant to an authorization under subsection 6(2) of the Act; or

(b) a suspension or cancellation of a personal service establishment permit by a public health officer acting pursuant to an authorization under subsection 6(2) of the Act.

(2) The Chief Public Health Officer may determine the manner of conducting the appeal.

(3) The Chief Public Health Officer may allow the appeal, dismiss the appeal or make any decision that the public health officer was authorized to make.

(4) A decision of the Chief Public Health Officer under subsection (3) is final and is not subject to further appeal.

Standards

13.

(1) The Northwest Territories Standards for Personal Service Establishments, established by the Chief Public Health Officer on July 3, 2012, as amended from time to time, are adopted.

(2) Operators and workers shall comply with the Northwest Territories Standards for Personal Service Establishments.

(3) An operator shall ensure that workers comply with the Northwest Territories Standards for Personal Service Establishments.

Duty of Operator

14.

An operator shall ensure that a personal service establishment is operated, maintained and equipped in accordance with these regulations.

Premises and Equipment

15.

An operator shall maintain a personal service establishment in good repair.

16.

(1) An operator shall ensure that a personal service establishment

(a) is connected to or supplied with a source of hot and cold drinking water in a quantity and at a pressure that is adequate to meet the water needs of the establishment;

(b) is connected to or supplied with a sewage disposal system that meets the legal requirements for such a system;

(c) has lighting that is adequate in intensity to permit the safe and sanitary operation and maintenance of the establishment and the safe provision of personal services;

(d) is equipped with adequate ventilation to areas of the establishment subject to the generation or accumulation of steam, condensation, vapours, odours, smoke, fumes or excessive heat;

(e) has storage facilities that are adequate to store equipment in a safe and sanitary manner; and

(f) has work surfaces that are smooth, non-porous and easy to clean and disinfect or to clean and sterilize.

(2) The Chief Public Health Officer may exempt an operator, other than an operator of one of the following personal service establishments, from one or more of the requirements of subsection (1):

(a) a place of business of an acupuncturist;

(b) a place of business of an electrologist;

(d) a place of business of a tattooist;

(e) a place of business of a person who provides ear or body piercing;

(f) a place of business of a person who provides human branding.

R-019-2022,s.2.

17.

(1) An operator shall ensure that a personal service establishment has on its premises, or provides easy access to, a washroom equipped with a toilet and hand washing facilities in good operating condition, for use by workers and clients.

(2) The Chief Public Health Officer may exempt an operator from the requirement referred to in subsection (1).

18.

(1) An operator shall ensure that a personal service establishment is equipped on its premises with a sink that

(a) is in or readily accessible to the area where personal services are provided;

(b) is supplied with hot and cold running water;

(d) is used only by workers and clients; and

(e) is used only for hand washing or to clean equipment.

(2) The Chief Public Health Officer may exempt an operator, other than an operator referred to in subsection (3), from one or more of the following requirements:

(a) the requirement that the personal service establishment be equipped on its premises with a sink, if the personal service establishment provides easy access to a sink that meets the requirements of paragraphs (1)(a) to (e), or if the Chief Public Health Officer determines that such a sink is not required for the particular personal service establishment;

(b) the requirements of paragraphs (1)(a) to (e).

(3) Operators of the following personal service establishments shall ensure that the sink required by subsection (1) is not located in a washroom with a toilet:

(a) the place of business of an acupuncturist;

(b) the place of business of an electrologist;

(d) the place of business of a tattooist;

(e) the place of business of a person who provides ear or body piercing;

(f) the place of business of a person who provides human branding.

(4) An operator of a personal service establishment referred to in the following list shall ensure that the personal service establishment is equipped on its premises with a sink, in addition to the sink required by subsection (1), that complies with the requirements of subsection (5):

(a) a place of business of an electrologist;

(b) a place of business of a tattooist;

(d) a place of business of a person who provides human branding;

(e) the place of business of an acupuncturist or Naturopathic Doctor who is directed by the Chief Public Health Officer to comply with this subsection.

(5) The sink referred to in subsection (4)

(a) must not be located in a washroom with a toilet;

(b) must be supplied with hot and cold running water;

(d) must be used only to clean equipment.

R-019-2022,s.2; R-018-2025,s.8.

19.

An operator shall ensure that areas in a personal service establishment where personal services are provided are separate from washrooms with toilets, bathing areas, food preparation areas, dining areas and other areas in the premises where activities incompatible with the safe and sanitary provision of the personal services are carried out.

20.

(1) An operator shall ensure that a personal service establishment is equipped with the number and type of waste disposal receptacles appropriate for the safe and sanitary operation and maintenance of the establishment.

(2) An operator shall ensure that a personal service establishment where needles or other instruments for piercing the skin are used is equipped with a puncture resistant container for the disposal of such instruments.

21.

An operator shall ensure that equipment is

(a) constructed from materials that are

(i) suitable for the intended purpose, and

(ii) durable, easy to clean and disinfect or to clean and sterilize, and free from any noxious or toxic substance; and

(b) in good working order.

Sanitation Measures

22.

An operator shall maintain a personal service establishment and equipment in a clean and sanitary condition.

23.

(1) A worker shall, in accordance with the Northwest Territories Standards for Personal Service Establishments, clean and disinfect reusable equipment, or clean and sterilize such equipment.

(2) An operator shall ensure that workers clean and disinfect reusable equipment or clean and sterilize such equipment in accordance with the Northwest Territories Standards for Personal Service Establishments.

24.

(1) A worker shall not reuse equipment designed to be used only once and then discarded.

(2) An operator shall ensure that workers do not reuse equipment designed to be used only once and then discarded.

25.

(1) An operator shall ensure that equipment used to sterilize reusable equipment

(a) complies with requirements set out in the Canadian Standards Association standard CAN/CSA-Z314.18 - Canadian medical device reprocessing, as amended from time to time; and

(b) is maintained in accordance with its operation manual.

(2) An operator shall ensure that the operation manual for equipment used to sterilize reusable equipment is kept in a place accessible to workers. R-083-2018,s.3.

Required Procedures

26.

(1) An operator shall ensure that a personal service establishment has written procedures designed to ensure the safe and sanitary operation and maintenance of the establishment.

(2) The procedures must include

(a) the cleaning and disinfecting or the cleaning and sterilizing requirements for the personal service establishment and equipment;

(b) a list of all cleaning, disinfecting and sterilizing agents used in the personal service establishment, including their concentrations and uses;

(c) requirements for the disposal of waste in and around the personal service establishment, including the disposal of needles or other instruments for piercing the skin; and

(d) provisions for monitoring the implementation of the procedures.

(3) An operator shall ensure that the procedures are implemented and that workers comply with the requirements set out in them.

Hygiene of Workers

27.

(1) When providing a personal service, a worker shall

(a) wear clean clothing and footwear;

(b) exhibit cleanliness and good personal hygiene; and

(2) An operator shall ensure that workers comply with the requirements of subsection (1).

Tanning Equipment

28.

(1) An operator shall ensure that no person younger than 19 years of age has access to or uses tanning equipment.

(2) No worker shall allow a person younger than 19 years of age to access or use tanning equipment.

(3) If it appears that a person may be younger than 19 years of age, a worker shall require that person to present proof of age before allowing the person to access or use tanning equipment.

(4) An operator shall ensure that workers comply with the requirement of subsection (3). R-018-2025,s.9.

29.

(1) An operator who provides access to tanning equipment shall display

(a) a point of sale warning sign that meets the requirements of subsection (2); and

(b) a health warning sign that meets the requirements of subsection (3).

(2) A point of sale warning sign must

(a) contain the wording set out in Schedule B;

(b) be easy to read;

(d) be displayed within 1 m from each cash register or other place where payment may be made in respect of access to or use of tanning equipment; and

(e) be unobstructed and be displayed in a conspicuous location where customers can easily view it before making any payment in respect of access to or use of tanning equipment.

(3) A health warning sign must

(a) contain the wording set out in Schedule C;

(b) be easy to read;

(d) be displayed within 1 m from each piece of tanning equipment; and

(e) be unobstructed and be displayed in a conspicuous location where customers can easily view it before accessing or using tanning equipment.

30.

(1) The Chief Public Health Officer may supply point of sale warning signs and health warning signs.

(2) For the purposes of subsection 29(1), an operator shall use point of sale warning signs and health warning signs supplied by the Chief Public Health Officer, if such signs are available.

Repeal

31.

The Barber Shops and Beauty Salons Regulations, R.R.N.W.T. 1990, c.P-11, are repealed.

Commencement

32.

(1) These regulations, except sections 3, 6 to 27 and 31 come into force on March 1, 2013.

(2) Sections 3, 6 to 27 and 31 come into force on September 1, 2013.

SCHEDULE

PERSONAL SERVICE ESTABLISHMENT

I II

Item Class of Personal Service Term of Permit Establishment Permit

1 Annual 1 year

2 Temporary less than 2 weeks

R-018-2025,s.10.

ANNEXE

PERMIS D’ÉTABLISSEMENT