In July 2021, the government of Quebec adopted an update in the Residential Swimming Pool Safety Regulation of 2010. Now, all owners who install or replace a pool are required to respect this regulation. There is therefore no longer any acquired right for swimming pools installed or built before 2010.
The regulation sets out standards for installations, including pools, enclosures controlling access to the pool and equipment related to the latter. The regulation addresses:
- In-ground pools
- Semi in-ground pools
- Above-ground pools
- Removable pools (soft walls, inflatable or not)
- Hot tubs with a capacity greater than 2,000 litres
Municipalities are responsible for enforcing the Residential Swimming Pool Safety Regulation. They have the power to ensure compliance to a regulation whose standards exceed those set out at the provincial level, so long as they are compatible. Residential pool owners must contact the relevant authorities in their municipality to find out the regulation in effect.
The owner must request a permit from their local municipality to construct, install or replace a pool, or to erect a structure allowing or blocking access to a pool. The person who obtains a permit to install a removable pool will not be required to reapply to reinstall their pool if the location and conditions remain the same.