26. The owner shall ensure that the minimum number of lifeguards and assistant lifeguards is in accordance with Schedule 3 or, when the pool is used exclusively for aquatic courses or meets, in accordance with Schedule 4.
Where an appurtenance in or projecting into a pool blocks the safety supervisor’s view, the number of supervisors must be increased so that the entire pool remains under constant supervision.
However, when the pool is used exclusively for courses given by a physical education teacher, Schedule 4 does not apply and the owner shall ensure that the minimum number of safety supervisors is in accordance with the following table:
Number | Number | Minimal number of
of | of |____________________________________
bathers | physical | |
| education | lifeguards | assistant
| teachers | | lifeguards
| | |
0 — 30 | 1 | 0 | 0
31 — 60 | 2 | 0 | 0
| or | |
| 1 | 1 | 0
61 or more | 3 | 0 | 0
| or | |
| 2 | 1 | 0
| or | |
| 1 | 1 | 1
For the purposes of this section, a “physical education teacher” is a person who holds a physical education degree issued by a university of Québec or an equivalent degree issued by another university and recognized by the Minister of Higher Education, Research, Science and Technology and who has completed as part of his university education, a minimum of 90 hours of teacher training in swimming. Such 90 hours must include a minimum of 15 hours to qualify him in life-saving, supervision, artificial respiration and first-aid. He must hold an attestation to this effect.
Notwithstanding the first paragraph, supervision is not required for an interior pool reserved to persons living in an apartment house of more than 2 storeys and 8 dwellings provided that:
(a) the total number of bathers on the deck and in the pool does not exceed 10 persons;
(b) a notice is posted in a conspicuous place, at the pool’s entrance on which is written in letters of at least 25 mm:
When there is no supervision:
(1) No person shall bathe if he is alone in the pool area.
(2) A bather less than 12 years of age is not admitted within the pool limits unless he is accompanied by a responsible person at least 18 years of age.
(3) The total number of bathers shall never exceed 10 persons.
(4) The pool shall always be locked from the outside.
Moreover, the means of communicating with the emergency services mentioned in section 24 and the safety equipment mentioned in section 35 shall be easily accessible at all times.
The pool’s owner is, however, exempted from the supervision stipulated by this section when the pool is used exclusively for water diving courses under the direct supervision of an instructor who holds a certificate recognized by the Fédération québécoise des activités subaquatiques.