E-14.2, r. 1 - Regulation respecting tourist accommodation establishments

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chapter E-14.2, r. 1
Regulation respecting tourist accommodation establishments
TOURIST ACCOMMODATION ESTABLISHMENTS
Act respecting tourist accommodation establishments
(chapter E-14.2, ss. 6 to 9, 30, 32, 36, par. 16 and s. 37, par. 5).
E-14.2
September 1 2012
DIVISION I
DEFINITIONS
1. Any establishment in which at least 1 accommodation unit is offered for rent to tourists, in return for payment, for a period not exceeding 31 days, the availability of units in which is made public by the use of any medium, is a tourist accommodation establishment.
A group of movables and immovables, adjacent or grouped together, having accessories or dependencies in common, may constitute one establishment provided that the movables and immovables that form the establishment are operated by only one person and are part of the same class of tourist accommodation establishments.
O.C. 1111-2001, s. 1; O.C. 1045-2010, s. 1; 162-2016O.C. 162-2016, s. 1; 1115-2019O.C. 1115-2019, s. 1.
2. The expression “accommodation unit” means a room, a bed, a suite, an apartment, a house, a cottage, a ready-to-camp unit or a camp site.
O.C. 1111-2001, s. 2; O.C. 1045-2010, s. 2; 162-2016O.C. 162-2016, s. 2.
3. A cottage is a building with one or more rooms separated from the kitchen.
O.C. 1111-2001, s. 3.
4. (Revoked).
O.C. 1111-2001, s. 4; O.C. 1045-2010, s. 3; 162-2016O.C. 162-2016, s. 3.
5. (Revoked).
O.C. 1111-2001, s. 5; 162-2016O.C. 162-2016, s. 3.
6. (Revoked).
O.C. 1111-2001, s. 6; 162-2016O.C. 162-2016, s. 3.
6.1. A ready-to-camp unit is a structure installed on a platform, on wheels or directly on the ground, and is provided with the equipment necessary to stay there, including self-catering kitchen facilities.
162-2016O.C. 162-2016, s. 4.
DIVISION II
CLASSES OF TOURIST ACCOMMODATION ESTABLISHMENTS
7. The classes of tourist accommodation establishments are the following:
(1)  hotel establishments: establishments that offer accommodation in furnished rooms, suites or apartments that have self-catering kitchen facilities, including reception and daily housekeeping services and all other hotel services;
(2)  tourist homes: establishments, other than principal residence establishments, that offer accommodation in furnished apartments, houses or cottages, including self-catering kitchen facilities;
(2.1)  principal residence establishments: establishments that offer, following a single reservation, accommodation in the operator’s principal residence for a single person or a single group of related persons at a time that does not include any meals served on the premises;
(3)  (subparagraph revoked);
(4)  resorts: establishments that offer, for an all-inclusive price, accommodation, including food services or self-catering kitchen facilities, recreational or entertainment services, and recreational facilities and equipment;
(5)  bed and breakfast establishments: establishments that offer, for an all-inclusive price, accommodation in rooms in a private residence where the operator resides and rents a maximum of 5 rooms receiving a maximum of 15 persons, including breakfast served on the premises;
(6)  (subparagraph revoked);
(7)  youth hostels: establishments that offer accommodation in rooms, or in beds in one or more dormitories, including food services or self-catering kitchen facilities and full-time supervision;
(8)  educational establishments: establishments that offer accommodation in an educational institution, governed by whichever Act, except if the accommodation units are rented to students of the institution only;
(9)  camping establishments: establishments that offer accommodation in ready-to-camp units or on camp sites composed of permanent sites to accommodate tents or recreational camping vehicles, motorized or not, including services;
(10)  outfitting establishments: establishments that offer accommodation in an outfitting operation within the meaning of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1);
(11)  other accommodation establishments: tourist accommodation establishments that belong to none of the other classes.
For the purposes of subparagraph 2.1 of the first paragraph, a principal residence is a residence where the operator, a natural person, habitually resides, centralizing therein the operator’s family and social activities, in particular when it is not used as a tourist accommodation establishment, the address of which corresponds to the address that the operator indicates to government departments and bodies.
O.C. 1111-2001, s. 7; O.C. 1045-2010, s. 4; 162-2016O.C. 162-2016, s. 5; 1115-2019O.C. 1115-2019, s. 3.
DIVISION III
CLASSES OF TOURIST ACCOMMODATION ESTABLISHMENTS NOT SUBJECT TO CERTAIN PROVISIONS OF THE ACT
8. An outfitting establishment where accommodation is offered in an outfitting operation to which the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1) applies, may be operated even if the classification certificate provided for in section 6 of the Act respecting tourist accommodation establishments (chapter E-14.2) has not been issued for the establishment.
O.C. 1111-2001, s. 8; O.C. 1045-2010, s. 5; 162-2016O.C. 162-2016, s. 6.
9. (Revoked).
O.C. 1111-2001, s. 9; O.C. 1045-2010, s. 6.
DIVISION IV
APPLICATION FOR A CLASSIFICATION CERTIFICATE
10. An application for a classification certificate must be submitted in writing to the Minister. It must be signed by the person who is submitting it and must contain the following information:
(1)  the name, address and telephone number of the person who operates the tourist accommodation establishment for which the application is made and, if applicable, the name, address and telephone number of the person’s representative;
(2)  if applicable, the tourist accommodation establishment’s operator’s business number in the enterprise register instituted by the Act respecting the legal publicity of enterprises (chapter P-44.1);
(3)  if applicable, the name of the tourist accommodation establishment that will appear on the classification certificate;
(4)  the address of the establishment or its geographical location or, in the case of a group, the address or geographical location of the main immovable or movable, and of each of the other immovables and movables constituting the group;
(5)  the class of tourist accommodation establishment for which the application is made;
(6)  in the case of a group, a description of the accessories or dependencies common to the immovables and movables constituting the group;
(7)  the types of accommodation units offered and the maximum number of units for each type and, where applicable, for each immovable and movable constituting the group;
(8)  the period of operation of the establishment over a 12-month period; and
(9)  if applicable, a description of the services offered.
O.C. 1111-2001, s. 10; O.C. 1045-2010, s. 7; 1115-2019O.C. 1115-2019, s. 4.
10.1. The application must also be accompanied by the following documents:
(1)  if applicable, a document authorizing the representative of the person who operates the tourist accommodation establishment for which the application is made to submit the application;
(2)  if the person who operates the establishment is the owner of the establishment, a copy of the title of ownership or of the municipal tax account for the establishment and, if the establishment is located in an immovable held in divided co-ownership, a copy of the provisions of the declaration of co-ownership allowing the establishment to be operated for tourist accommodation purposes or, in the absence of such provisions, the authorization of the syndicate of co-owners to that effect;
(2.1)  if the person who operates the establishment is the lessee of the establishment, a copy of the leasing contract for the establishment and, if the leasing contract has no provision allowing the operation of the establishment as a tourist accommodation establishment, the authorization of the owner to that effect;
(2.2)  in the case of a group, a copy of the documents, as applicable, referred to in subparagraphs 2 and 2.1 for each of the immovables and movables forming the group;
(3)  proof of civil liability insurance taken out according to the requirements under section 11.1;
(4)  (subparagraph revoked);
(5)  for the class “outfitting establishment”, a copy of the outfitter’s licence.
The documents referred to in subparagraphs 2 to 2.2 need not be provided if the establishment is located on lands in the domain of the State or in an Indian reserve.
O.C. 1045-2010, s. 7; 162-2016O.C. 162-2016, s. 7; 1115-2019O.C. 1115-2019, s. 5.
10.2. If the application is made by a mandatary of the person who operates the tourist accommodation establishment for which the application is made, the following information and documents must also be included:
(1)  the name, address and telephone number of the mandatary and, if applicable, of the mandatary’s representative;
(2)  if applicable, the mandatary’s business number in the enterprise register instituted by the Act respecting the legal publicity of enterprises (chapter P-44.1); and
(3)  a document, from the person who operates the establishment, authorizing the mandatary to submit the application for the person and, if applicable, a copy of the contract of mandate.
O.C. 1045-2010, s. 7.
10.3. An application for a classification certificate is subject to the payable fees, determined under section 7 of the Act respecting tourist accommodation establishments (chapter E-14.2)
O.C. 1045-2010, s. 7.
10.4. A provisional classification certificate may be issued upon receipt of all the information and documents required by sections 10, 10.1 and 10.2 and of the costs payable for such a certificate.
O.C. 1045-2010, s. 7.
11. Any new application must be made 2 months before the expiry date of the classification certificate.
If no change is made to the information and documents already produced under sections 10, 10.1 and 102, the information and documents need not be produced again, except the documents required by subparagraphs 3 and 5 of section 10.1.
O.C. 1111-2001, s. 11; O.C. 1045-2010, s. 8; 162-2016O.C. 162-2016, s. 8.
11.1. The holder of a classification certificate must, during all the term of the certificate, be covered by civil liability insurance for at least $2,000,000 per claim to cover the risks associated with the operation of a tourist accommodation establishment, except if the operator is the Government or a public body.
O.C. 1045-2010, s. 8.
11.2. The holder of a classification certificate that is not a natural person must inform the Minister of any event bringing a change in its control.
O.C. 1045-2010, s. 8.
DIVISION V
CLASSIFICATION CERTIFICATE
12. The classification certificate shall take the form of a written notice specifying the number of the accommodation establishment and a sign indication the name of the establishment, its class and the results of the classification.
The provisional classification certificate takes the form of a written notice specifying the name of the accommodation establishment, its class and the expiry date.
Notwithstanding the above, the classification certificate of a principal residence establishment shall take the form only of a written notice specifying the number and address of the accommodation establishment, its class and expiry date.
O.C. 1111-2001, s. 12; O.C. 1045-2010, s. 9; 162-2016O.C. 162-2016, s. 9; 1115-2019O.C. 1115-2019, s. 6.
DIVISION VI
TERM OF CERTAIN CLASSIFICATION CERTIFICATES
13. For the classes “principal residence establishments”, “educational establishments”, “camping establishments” and “outfitting establishments”, the Minister may fix, for a classification certificate, a term other than the term determined under the first paragraph of section 9 of the Act respecting tourist accommodation establishments (chapter E-14.2).
O.C. 1111-2001, s. 13; O.C. 1045-2010, s. 10; 162-2016O.C. 162-2016, s. 10; 1115-2019O.C. 1115-2019, s. 7.
13.1. Where a classification certificate expires or must be modified or where the operation of the accommodation establishment ends, the sign referred to in the first paragraph of section 12 must be destroyed or returned to the Minister, at the holder’s expense.
O.C. 1045-2010, s. 10; 1115-2019O.C. 1115-2019, s. 8.
DIVISION VII
POSTING AND ADVERTISING
O.C. 1111-2001, Div. VII; 1115-2019O.C. 1115-2019, s. 9.
14. The sign attesting to the classification of a tourist accommodation establishment shall be conspicuously posted at the main entrance of the establishment or, in the case of a group of movables or immovables, in the location used to welcome or register tourists.
The same applies to the notice corresponding to the provisional classification certificate or to the classification certificate of a principal residence establishment.
O.C. 1111-2001, s. 14; O.C. 1045-2010, s. 11; 162-2016O.C. 162-2016, s. 11; 1115-2019O.C. 1115-2019, s. 10.
14.1. The holder of a classification certificate must clearly indicate the number of the accommodation establishment on any advertising used to promote the establishment, and on any website, whether transactional or non-transactional, used in connection with the operation of the establishment.
1115-2019O.C. 1115-2019, s. 11.
15. (Revoked).
O.C. 1111-2001, s. 15; O.C. 1045-2010, s. 12.
16. Any sign or poster bearing the expression “tourist information” or the pictograms “?” or “I” shall be posted in a conspicuous place outside the tourist welcome and information site.
O.C. 1111-2001, s. 16; O.C. 1045-2010, s. 13.
DIVISION VII.I
OFFENCES
O.C. 1045-2010, s. 14.
16.1. The regulatory provision referred to in section 36.2 of the Act respecting tourist accommodation establishments (chapter E-14.2) is any of sections 11.1, 11.2, 13.1, 14.1 and 16.
O.C. 1045-2010, s. 14; S.Q. 2018, c. 18, s. 89; 1115-2019O.C. 1115-2019, s. 12.
DIVISION VIII
COMING INTO FORCE
17. This Regulation replaces the Regulation respecting tourist establishments (O.C. 747-91, 91-05-29).
O.C. 1111-2001, s. 17.
18. (Omitted).
O.C. 1111-2001, s. 18.
TRANSITIONAL
2010
(O.C. 1045-2010) SECTION 15. Evaluation attestations for the class and category of the lodging units of an outfitting operation that are already issued on 1 January 2011 under the Act respecting the conservation and development of wildlife (chapter C-61.1) are considered to be classification certificates issued for establishments of the class “outfitting establishments” under the Regulation respecting tourist accommodation establishments (chapter E-14.2, r. 1).
SECTION 16. The holder of a classification certificate has 2 months from 1 January 2011 to comply with the provisions of section 11.1 of the Regulation respecting tourist accommodation establishments.
REFERENCES
O.C. 1111-2001, 2001 G.O. 2, 5568
O.C. 1045-2010, 2010 G.O. 2, 3855
S.Q. 2010, c. 7, s. 282
S.Q. 2010, c. 40, s. 92
O.C. 162-2016, 2016 G.O. 2, 1336O.C. 162-2016, 2016 G.O. 2, 1336
S.Q. 2018, c. 18, s. 89
1115-2019, 2019 G.O. 2, 2788O.C. 1115-2019, 2019 G.O. 2, 2788