In The News: Canmore Hotel Pool Incident Raises Questions About Safety Obligations When Children Are Involved

Dozens of children were taken to hospital after falling ill in a hotel pool in Canmore, Alberta. This incident raises important questions about hotel liability and duty of care for guests.

The recent incident in Canmore—where numerous children required medical treatment after using a hotel swimming pool—has once again brought public attention to the responsibilities hotels owe to their guests under Alberta law.

In Alberta, the legal framework that outlines these responsibilities is the  Occupiers' Liability Act. Under this legislation, anyone who has control over a property is considered an “occupier,” which includes hotel operators. Because hotels open their premises to the public for commercial benefit, they must take reasonable steps to ensure their spaces and amenities, including swimming pools, are safe for visitors.

Commercial properties typically face a higher standard of care than private homes, particularly when their facilities are designed to attract families and children. Swimming pools involve well-understood hazards—such as chemical exposure from disinfectants like chlorine—and hotels must take proactive measures to minimize those risks.

Reasonable care in the context of pool operations may involve:

• Safe handling and storage of pool chemicals
• Regular upkeep of mechanical and ventilation systems to avoid chemical leaks or buildup
• Training staff to identify and react to signs of chemical exposure or other pool-related injuries
• Performing frequent inspections and resolving issues without delay

A lapse in any of these obligations could amount to a breach of the duties laid out in the Occupiers' Liability Act. Notably, occupiers cannot avoid liability by arguing they were unaware of a malfunction if proper oversight would have uncovered the issue.

Canadian courts have also emphasized that the presence of children affects what qualifies as reasonable care. In  Ryan v. Victoria (City), the Supreme Court of Canada noted that the standard must reflect the characteristics of the people expected to use the space. For hotels with pools heavily frequented by children, this often means additional precautions—more vigilant supervision, tighter maintenance routines, and quicker emergency response procedures.

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