What Ontario personal service setting rules apply when you buy or open a hair or nail salon?

Ontario’s Health Protection and Promotion Act defines a “personal service setting” as premises where personal services are offered with a risk of exposure to blood or body fluids, and the definition includes premises where hairdressing and barbering and nail services are offered. Ontario Regulation 136/18 (Personal Service Settings) then sets the operating rules. The regulation’s duties fall on the “operator”, which it defines as the person who has responsibility for and control over the setting, so check who that will be when you buy or open a hair or nail salon in Ontario.

Written notice to public health

Section 3 of O. Reg. 136/18 says every person who intends to operate a personal service setting must give written notice of that intention to the medical officer of health of the health unit where the setting will be located, at least 14 days before commencing operation. Section 3 itself has no exception for hairdressing-only premises. Further notice is required, under section 3(3) to (5), when an operator plans to provide additional personal services or to reconstruct or renovate the setting. A buyer should ask the local public health unit whether a change of operator calls for a fresh notice, rather than assume either way.

Where hairdressing-only premises are treated differently

The regulation requires the operator or service provider to obtain the name and contact information of the person seeking a service. Section 5(2) says that duty does not apply where the only personal service to be provided is a hairdressing or barbering service. Section 8(3) requires a sink, separate from the hand wash sink, where reusable equipment is used. Section 8(6) lifts that for a setting that only provides hairdressing or barbering and reprocesses reusable equipment before the beginning and after the end of each business day. Both conditions must be met. Both exceptions are worded around hairdressing and barbering, so a nail service is not covered by them as written.

Inspection results and records

Under section 4, the operator must make sure the results of any inspection by a public health inspector are posted in accordance with the inspector’s request. Section 14 lists records the operator must keep, if applicable, including sterilization and disinfection records. They must be stored at the setting in a secure location for one year or until the setting ceases to operate, whichever is earlier, and then retained and kept readily available in a secure location for at least two years after that period. If you are buying, ask what inspection results and records exist at handover.

Trade licensing is a separate question

Skilled Trades Ontario says Hairstylist is a compulsory trade in Ontario. To practise, a person must hold a registered training agreement, a provisional certificate of qualification or a certificate of qualification, and appear on its Public Register. That is separate from the public health rules above. For staffing and worker questions, see what trade rules and worker questions to check before buying a hair salon.