H-3 - Hotels Act

Full text
chapter H-3
Hotels Act
HOTELSMarch 26 1987June 27 1991
Chapter H-3 is replaced by the Tourist Establishments Act (chapter E-15.1). (1987, c. 12, s. 43).
1987, c. 12, s. 43.
1. In this Act, the following expressions mean:
(a)  hotel establishment : any establishment provided with special accommodation so that, for payment, lodging is habitually available there;
(b)  restaurant : any establishment provided with special accommodation so that, for payment, food but not lodging is habitually available there;
(c)  camping ground and trailer park : any land where, for payment, camping is permitted;
(d)  permit : any permit issued under this Act;
(e)  Minister : the Minister of Tourism;
(f)  regulation : any regulation made under this Act;
(g)  tourist information bureau : any establishment whose main activity is the providing of information to the public about lodgings, restaurants, camping and trailer facilities or tourist attractions in Québec.
R. S. 1964, c. 205, s. 1; 1969, c. 59, s. 1; 1979, c. 77, s. 28; 1984, c. 36, s. 43; 1986, c. 45, s. 1.
2. The Government, by regulation, may determine classes of hotel establishments, restaurants and tourist information bureaus and determine the terms by which the establishments in each of such classes may be designated.
R. S. 1964, c. 205, s. 2; 1969, c. 59, s. 1; 1986, c. 45, s. 2.
3. No person shall operate or lead to the belief that he operates a hotel establishment, a restaurant, a camping ground and trailer park or a tourist information bureau unless he holds a permit issued for that purpose for the camping ground and trailer park or for the class of hotel establishment, restaurant or tourist information bureau concerned.
No person shall use, in the name under which he operates a hotel establishment, a restaurant or a tourist information bureau, or in his advertising, any term which leads to the belief that such establishment belongs to a class other than that for which a permit has been issued.
R. S. 1964, c. 205, s. 3; 1969, c. 59, s. 1; 1986, c. 45, s. 3.
3.1. Only a non-profit corporation one of whose objects is to promote tourism may hold a permit to operate a tourist information bureau.
Only the holder of a permit to operate a tourist information bureau may display a sign or poster bearing the words “tourist information” or any other expression or pictogram indicating or suggesting the operation of a tourist information bureau.
1986, c. 45, s. 3.
4. Application for a permit or for a renewal of a permit must be made to the Minister in writing stating:
(a)  the applicant’s full name and address;
(b)  whether he is owner or lessee and, in the latter case, the full name and address of the owner;
(c)  the name and address of the establishment;
(d)  in the case of a hotel establishment, the number of rooms and a description of the services available to travellers;
(e)  in the case of a hotel establishment or restaurant, the number of dining-rooms and the number of persons who can be served simultaneously in each;
(f)  the rental value of the establishment, attested by a certificate from the treasurer or secretary-treasurer of the municipality or, if it is impossible to obtain such certificate, by any other means accepted by the Minister;
(g)  any other information required by regulation to define more precisely the nature and mode of operation of the establishment.
R. S. 1964, c. 205, s. 4; 1969, c. 59, s. 2; 1971, c. 50, s. 120.
5. The holder of a permit shall post it up in a conspicuous place in the hotel establishment, restaurant or tourist information bureau, or at the entrance to the camping ground and trailer park, as the case may be, and keep it posted up there.
R. S. 1964, c. 205, s. 5; 1969, c. 59, s. 3; 1986, c. 45, s. 4.
6. Upon production of the report of inspection of an establishment and after verifying the information contained in the application, the Minister, if the establishment meets the requirements of the laws and regulations, shall issue a permit on payment of the duties prescribed by the Government.
For such purpose, the Minister shall determine the number of rooms and the rental value of the establishment; he may also appoint a commissioner to fix such value.
R. S. 1964, c. 205, s. 6; 1971, c. 50, s. 120.
7. The Minister may refuse, suspend or cancel the permit in the case of a person found guilty of an infringement of this act or of the regulations or of any other act specified in the regulations.
Any inspector generally authorized for such purpose by the Minister may require that any permit which has expired or has been suspended or cancelled be surrendered to him; the holder of such permit, or any person who has it in his possession, shall surrender it to such inspector.
R. S. 1964, c. 205, s. 7; 1969, c. 59, s. 4.
8. The owner or keeper of a hotel establishment or his representatives may expel any person frequenting it or staying therein who is unable to justify his presence either as a customer or lodger in the establishment, or as having lawful business to transact with a customer or lodger of the establishment.
R. S. 1964, c. 205, s. 9; 1969, c. 59, s. 6.
9. No person shall furnish a traveller, in consideration of payment, with lodging or food in a private house unless such house is situated in a municipality where there is no hotel establishment or restaurant, or unless the hotel establishments or restaurants in the municipality are not provided with sufficient space and accommodation for all the travellers.
R. S. 1964, c. 205, s. 10; 1969, c. 59, s. 7; 1983, c. 54, s. 41; 1983, c. 54, s. 121.
10. No person shall undertake the construction, enlargement, restoration or remodelling of an establishment contemplated in section 2 without having submitted to the Minister the plans of such works and having obtained from him a certificate establishing that they are in conformity with the law and regulations.
R. S. 1964, c. 205, s. 11.
11. The Government may make regulations
(a)  to determine the qualifications required of any person who applies for a permit, a renewal of a permit or a certificate under section 10, the conditions with which he must comply, the financial statements and other documents which he must produce, the information which he must furnish and the duties which he must pay;
(b)  to subdivide each class of establishments and define within such classes the subdivisions that are subject to the application of this act;
(c)  to ensure the protection of travellers and the cleanliness and proper maintenance of establishments;
(d)  to determine the method of registering travellers in hotel establishments and camping grounds and trailer parks;
(e)  to define the publicity to be given to the price of rooms, camping and trailer park units and meals and forbid the charging of prices higher than those so published;
(f)  to prohibit or regulate the soliciting of travellers;
(g)  to establish standards respecting the construction, enlarging and repairing of establishments, the furnishing, maintenance, heating and lighting thereof and the services they must make available to travellers;
(h)  to regulate tourist information bureaus or prohibit the operation thereof, with or without exceptions;
(i)  to fix, for each class of hotel establishments determined in accordance with section 2, the minimum number of rooms which must be made available to customers;
(j)  to fix, for camping grounds and trailer parks and for each class of hotel establishment, restaurant and tourist information bureau determined in accordance with section 2, minimum standards respecting the services which must be offered to customers;
(k)  to determine the form of permits and of applications for permits, and the duration of permits;
(l)  to establish standards respecting the maximum number of camping and trailer park units that may be made available to travellers on any camping ground and trailer park, taking into account the dimensions and arrangement of the camping ground and trailer park and the services which are made available there to travellers, and to define the expression “camping and trailer park unit” for the purposes of this act;
(m)  to fix the maximum sums of money which the operator of a hotel establishment or camping ground and trailer park may require of a customer as a payment on account or forfeit, according to the duration of his stay and the price of the services offered to him, and to determine the conditions under which the operator may retain such sums of money;
(n)  to fix, for the purposes of computing the cost of a customer’s stay on any camping ground or in any class of hotel establishments determined in accordance with section 2, the hour before which a customer must leave the establishment or ground so as not to be charged additional costs, and the standards whereby he may be charged additional costs if he leaves the establishment or ground after the hour indicated;
(o)  (subparagraph ceased to have effect on 31 December 1984).
Every regulation made under this section or under section 2 shall be published in the Gazette officielle du Québec and shall come into force on the date of its publication or on such later date as is fixed by the regulation.
R. S. 1964, c. 205, s. 12; 1969, c. 59, s. 8; 1983, c. 54, s. 42; 1983, c. 54, s. 121; 1986, c. 45, s. 5.
12. Every person in charge of a hotel establishment, camping ground and trailer park, restaurant or tourist information bureau shall admit to his establishment, on demand and at any reasonable hour, any inspector generally instructed by the Minister to carry out such inspection.
The inspector shall identify himself on demand and show the certificate bearing the signature of the Minister and attesting his capacity.
R. S. 1964, c. 205, s. 13; 1969, c. 59, s. 9; 1986, c. 45, s. 6.
13. (1)  Every person who infringes section 3 shall be guilty of an offence and liable to a fine of not less than $500 nor more than $2 000 for each day or part of a day that the offence continues and, for any subsequent conviction, to a fine of not less than $2 000 nor more than $4 000.
(2)  Every person who infringes any other provision of this Act or the regulations, or hinders or attempts to hinder in any manner any person doing anything which this Act obliges or authorizes him to do, or who destroys, removes, hides, alters or obliterates a permit issued under this Act, shall be guilty of an offence and liable to a fine of not less than $200 nor more than $500.
(3)  In any proceedings instituted under this Act, where the offence is committed in a hotel establishment, restaurant, camping ground and trailer park or tourist information bureau, the holder of the permit or the owner or manager of the establishment may be condemned to the same penalties as the person who committed the offence.
(4)  If, in any proceedings taken under this Act, proof of a permit is required, a certificate signed by the deputy minister of Tourism shall be sufficient proof of the existence of the permit and of its contents.
R. S. 1964, c. 205, s. 14; 1969, c. 59, s. 9; 1979, c. 77, s. 28; 1984, c. 36, s. 43; 1986, c. 45, s. 7; 1990, c. 4, s. 446.
14. (Repealed).
R. S. 1964, c. 205, s. 15 (part); 1990, c. 4, s. 447.
15. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 205 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter H-3 of the Revised Statutes.