Public beaches, pools, and water parks offer refreshing escapes in the hot summer sun, but on occasion, serious legal issues may arise. If you or someone you love gets injured, it’s important to understand your rights, the obligations of those who run these premises, and what steps you should consider taking.
Who Is Liable When You’re Hurt?
Municipal/Public Beach Liability
Municipalities operate public beaches and must maintain safe conditions for the public, such as monitoring currents, repairing infrastructure, and staffing lifeguards. If they fail to take reasonable steps and someone gets hurt, they may be legally liable.
Private Beach, Cottage, or Resort Operators
Private owners, like resorts, cottages, or homeowner associations, are also held to a similar standard. They must maintain facilities, post warnings about hazards, provide supervision, and ensure clear signage. Neglecting these duties can trigger liability in the event of an injury.
Public Pools & Waterparks
Pools are governed by Ontario's Occupiers’ Liability Act and public health regulations (like Regulation 565 under HPPA). There are specific requirements for Class A and B facilities including lifeguard staffing, signage, and maintenance that operators must meet. Failure to do so may open them to liability for injuries.
The Occupiers Liability Act
The Occupiers' Liability Act ("OLA") establishes the standard of care applicable to occupiers in section 3(1) and (2) of the OLA:
Occupiers' Duty
3. (1) An occupier of premises owes a duty of care to take such care as in all circumstances of the case is reasonable to see that persons entering the premises, and the property brought on the premises by those persons are reasonably safe while on the premises [emphasis added].
3. (2) The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried on while on the premises.
Pursuant to Health Protection and Promotion Act (“HPPA”) public pools fall under three classes, Class ‘A’ Pools are public pools to which the general public is admitted or that is part of a program supported in whole or in part by public funds or public subscription.
Class ‘B’ pools include public pools that are:
- operated on the premises of an apartment building that contains six or more dwelling units or suites or a mobile home park, for the use of the occupants and their visitors,
- operated as a facility to serve a community of six or more single-family private residences, for the use of residents and their visitors,
- operated on the premises of a hotel for the use of its guests and their visitors,
- operated on the premises of a campground for the use of its tenants and their visitors,
- operated in conjunction with,
- a club for the use of its members and their visitors, or
- a condominium, co-operative or community property that contains six or more dwelling units or suites for the use of the owners or members and their visitors,
- operated in conjunction with a child care centre, a day camp or an establishment or facility for the care or treatment of persons who have special needs, for the use of those persons and their visitors, or
- neither a Class 'A' pool nor exempt from the provisions of the HPPA.
Class A pools require a lifeguard to monitor them as per the HPPA. The quantity depends on the number of bathers, the deck and pool.
Class B pools are subject to the same requirements with some exceptions.
They do not require a lifeguard if meet the following:
- the water surface does not exceed ninety-three square meters (or approximately eleven square feet), or
- where the water surface exceeds ninety-three square meters, but the number of bathers is limited to 10 people or less.
These pools however, require a sign to alert guests that the pool is unsupervised.
The HPPA sets out the regulations occupiers must adhere to with respect to unsupervised pools including:
- life saving equipment required;
- filtration and clarity of the water;
- the minimum number of lifeguards and assistant lifeguards required to be on duty.
The Legal Standard: Reasonable Care
Under the Occupiers’ Liability Act, operators owe a duty to ensure visitors are “reasonably safe.” That means taking appropriate and proportional steps to keep the premises safe, not necessarily guaranteeing perfection.
Courts stress this standard applies both to the condition of the property (e.g., stable walkways) and to activities occurring there (e.g., supervised swimming, providing adequate safety resources). Municipalities and resorts may face higher expectations, given their greater resources.
When Are Lifeguards or Signs Required?
- Lifeguards: Many facilities are required to provide them, especially Class A pools or beaches with heavy use. Whether public or private, supervision must be adequate in number, training, and vigilance.
- Warning Signs: Operators must post visible, accurate warnings (e.g. about rip currents, deep water, slippery surfaces). These signs help fulfill their duty to warn visitors of known dangers.
Your Own Duty: Don’t Overlook Personal Responsibility
Even when operators are liable, injured individuals may still bear some responsibility if they proceed recklessly for example, ignoring warning signs or failing to wear safety gear. The Canadian law allows courts to reduce compensation based on each party's degree of fault (“contributory negligence”).
For instance, not using lifejackets during boating or swimming can diminish your claim—even if negligence wasn’t solely your own.
What to Do If You’re Injured
- Seek medical attention immediately.
- Gather evidence: Photograph the scene, signs, water conditions, or faulty equipment.
- Get contact info from any eyewitnesses and any staff or lifeguards.
- Act swiftly: Ontario’s Limitation Act sets strict timeframes to file claims, so consult a lawyer promptly.
- Consult a personal injury lawyer who understands occupiers’ liability, you need someone to assess the strengths and limitations of your case.
Prevention Remains the Best Policy
- Be aware of conditions: Watch for strong currents, submerged hazards, or unstable areas.
- Follow posted rules and signage, and obey lifeguards.
- Use appropriate equipment: lifejackets, flotation aids.
- Supervise children closely and stay within your swimming skill zone.
- Swim with a buddy and avoid alcohol before entering the water.
- Boat safely: Have lifejackets for everyone and adhere to marine safety laws.
IN SUMMARY
Enjoying Ontario’s beaches and pools should be fun and worry-free. But accidents can happen and the key is understanding your rights and assess liability to ensure you're prepared for what comes next. If negligence on the part of the operator contributed to your injury, you may be entitled to compensation.
Act carefully, protect yourself, and know your rights. With prudent steps and expert legal advice with your helpful team at JRJ Law you can keep summer safe and enjoyable.
Tips for a safe beach visit:
- Be aware of the Ocean conditions
- Swim with Designated Areas ONLY
- Beach safety is cool
- Follow the local laws, regulations and any private rules for you and your family’s safety!
- Keep an eye on those little ones