Clash with local health unit drains hot tubs at some Ontario resorts

Co-owner Stephen Orr was already struggling to get his cottage resort in rural Ontario back afloat after being closed due to the pandemic — when he was dealt another blow.

His local health unit has ordered the resort to shut down all of its hot tubs because they don't comply with provincial rules — rules which he says were disregarded by local officials for decades and which go unenforced in neighbouring jurisdictions.

Orr runs Buttermilk Falls Resort, which includes nine rental cottages and five hot tubs. The hot tubs are on the private decks of each cottage and are only used by guests renting that specific cottage.

But last month the resort was forced to drain the tubs after the Haliburton, Kawartha, Pine Ridge District (HKPR) Health Unit said they weren't in compliance with provincial regulations. The requirements — typical for large public pools with communal hot tubs — include having drowning safety equipment, a landline phone and shower facilities.

"It's kind of crazy," Orr said. "[The tubs] are incredibly safe … why are they putting a whole bunch of additional [safety measures] in that really don't apply?"

CBC Toronto spoke with four resort owners who say they were blindsided after the health unit ordered them to shut down their hot tubs, even though they've been operating as is for several years — some for decades. 

The owners say the regulations are impossible to follow and the closures are not only impacting their bottom line, but will be detrimental to the larger economy of Haliburton County — about 200 kilometres northeast of Toronto. 

"We really want to be a part of the community and help out the tourism part in the community and we feel as though we're not doing that and we're at a disadvantage," said Harsha Manani, co-owner of Lakeview Motel.     

The manager of environmental health at HKPR Health Unit says the provincial regulations have always applied to hot tubs at these resorts, but that the health unit only found out about many of them recently, after an order was issued to one of the properties last fall. 

"We've been finding out about some of these other businesses from competitors pointing fingers at them," said Bernard Mayer. 

Since issuing that first order, the unit has ordered hot tubs closed at two other properties and is investigating four others for failing to comply with pool and public spa rules under the Health Protection and Promotion Act. 

Lakeview Motel appealed its order to the Health Services Appeal and Review Board, arguing that the private-use hot tubs were not public spas, because they were only available to guests staying at four specific units.

The rules have an exemption for properties with five suites or less.

But the review board upheld the order on the grounds there were a total of 14 "dwelling units" at Lakeview Motel.