a-13.1 - Act respecting assistance for tourist development

Updated to 1 September 2022

This document has official status.

chapter A-13.1

Act respecting assistance for tourist development

DIVISION I DEFINITIONS

1. In this Act and the regulation, unless the context indicates otherwise,

“business” means a business contemplated in section 3;

“the Société” means the body designated by the Government;

“lender” means a bank subject to the Bank Act (R.S.C, 1985, c. B-1) or the Québec Savings Banks Act (R.S.C. 1970, c. B-4), a financial services cooperative governed by the Act respecting financial services cooperatives (chapter C-67.3) and any other legal person qualified to grant loans and that the Minister recognizes as a credit institution for the purposes of this Act;

“regulation” means a regulation made under this Act by the Government.

1979, c. 34, s. 1; 1979, c. 77, s. 28; 1983, c. 25, s. 1; 1984, c. 36, s. 28; 1988, c. 64, s. 587; 1998, c. 17, s. 64; 1999, c. 40, s. 14; 2000, c. 29, s. 617; 2001, c. 69, s. 12; 2010, c. 37, s. 87.

DIVISION II OBJECTIVES AND FINANCIAL ASSISTANCE

2. The purpose of financial assistance provided by this Act is to increase revenues from tourism in Québec by improving the product and enhancing its specific cultural content.

1979, c. 34, s. 2.

3. Financial assistance for purposes contemplated in section 5 may be granted to any business that presents a tourist project of a class established by regulation.

Financial assistance for purposes contemplated in paragraph d of section 5 may be granted to any business whose activities correspond to one of the classes of tourist projects established by regulation.

1979, c. 34, s. 3; 1983, c. 25, s. 2.

4. (Repealed).

1979, c. 34, s. 4; 1983, c. 25, s. 3.

5. Financial assistance may be granted to a business for

(a)  the purchase, construction, renovation, improvement, expansion or equipping of immovable property connected with the tourist project;

(b)  the purchase, installation, renovation or improvement of furnishings, equipment, machinery or tools connected with the tourist project;

(c)  the acquisition or operation of a patent and the acquisition or operation of a concession or franchise;

(d)  the improvement or consolidation of the financial structure of the business;

(e)  (paragraph replaced).

1979, c. 34, s. 5; 1983, c. 25, s. 4.

6. Financial assistance may be in the form of

(a)  a guarantee of repayment of the whole or a part of a financial commitment;

(b)  a loan to a business that could not otherwise obtain a loan;

(c)  the assumption of part of the borrowing costs of a business;

(d)  a grant;

(e)  a partial exemption from repayment of a loan granted by the Société;

(f)  an acquisition, by the Société, of shares of a business constituted as a legal person provided that the Société does not at any time hold a majority of shares; or

(g)  any other form of assistance defined by regulation.

1979, c. 34, s. 6; 1983, c. 25, s. 5; 1999, c. 40, s. 14.

7. Loans granted under this Act shall be granted at the current market rate, except in the cases provided for by regulation, where the applicable rate of interest will be fixed in the regulation.

1979, c. 34, s. 7.

DIVISION III GRANTS OF FINANCIAL ASSISTANCE

8. Every person who wishes to receive financial assistance must apply therefor to the Société in the form prescribed by the minister responsible for the administration of the Tourist Accommodation Act (chapter H-1.01). Such application must be accompanied with the documents and contain the information determined by the minister.

1979, c. 34, s. 8; 1983, c. 25, s. 6; 1984, c. 36, s. 29; 1994, c. 16, s. 7; 1999, c. 40, s. 14; 2000, c. 10, s. 22; 2021, c. 30, s. 45.

9. The Société shall forward the application to the minister responsible for the administration of the Tourist Accommodation Act (chapter H-1.01).

The minister responsible for the administration of the Tourist Accommodation Act, in accordance with this Act and the regulations, shall determine the eligibility of the tourist project contained in the application, after assessing its relevance.

The minister responsible for the administration of the Tourist Accommodation Act, in accordance with this Act and the regulations, shall determine the eligibility of a business for financial assistance provided for in the second paragraph of section 3.

The minister responsible for the administration of the Tourist Accommodation Act shall transmit to the Société the results of his analysis and, where such is the case, his assessment.

1979, c. 34, s. 9; 1983, c. 25, s. 7; 1984, c. 36, s. 29; 1994, c. 16, s. 8; 1999, c. 40, s. 14; 2000, c. 10, s. 22; 2021, c. 30, s. 45.

10. The Société, after having ascertained that the business applying for financial assistance has financial prospects allowing it to meet its commitments and that its administrators have the competence required to achieve its objects and, where such is the case, after having verified the financial viability of the tourist project, shall determine the financial assistance it intends to grant to the business.

1979, c. 34, s. 10; 1983, c. 25, s. 8; 1999, c. 40, s. 14.

11. However, financial assistance contemplated in paragraphs c, d and e of section 6 is granted only on the decision of the Minister of Tourism with the prior authorization of the Government and upon the conditions determined by it.

The Minister of Tourism may also, on the conditions he determines, grant that assistance without that authorization in the cases provided for by regulation.

The Société is bound by the authorization of the Government or the decision of the Minister of Tourism, whichever is applicable.

1979, c. 34, s. 11; 1983, c. 25, s. 9; 1984, c. 36, s. 30; 1988, c. 41, s. 89; 1994, c. 16, s. 9; 1999, c. 8, s. 20; 1999, c. 40, s. 14; 2003, c. 29, s. 135; 2005, c. 37, s. 31.

12. The Société must advise the applicant immediately that financial assistance has been granted to him and, if such is the case, of the conditions determined by the Government or the Minister, as the case may be.

In case of refusal, the Société shall notify the applicant.

1979, c. 34, s. 12; 1983, c. 25, s. 10; 1999, c. 40, s. 14.

DIVISION IV MISCELLANEOUS PROVISIONS

13. The Société or the Minister, as the case may be, may at any time verify the accuracy of the information supplied in accordance with this Act by a business applying for financial assistance.

1979, c. 34, s. 13; 1999, c. 40, s. 14.

14. When a person obtains financial assistance by false declarations or fraud or uses any part of a loan guaranteed or granted by the Société for purposes other than those for which it should be used, or is otherwise in default, the Société may, of its own initiative or at the request of the Minister, declare such person forfeited of the benefit of the term granted and take any other civil recourse vested in it by law and the contractual documents.

1979, c. 34, s. 14; 1999, c. 40, s. 14.

15. Any person who makes a false declaration or commits or attempts to commit a fraud, for the purpose of taking advantage of the benefits of this Act, is guilty of an offence and liable to a fine of not less than $500 nor more than the amount of the financial assistance granted.

Any other offence against this Act or the regulations renders the offender liable to a fine of not less than $500 nor more than $2,000.

1979, c. 34, s. 15; 1990, c. 4, s. 48.

DIVISION V

Repealed, 1983, c. 54, s. 3.

1983, c. 54, s. 3.

16. (Repealed).

1979, c. 34, s. 16; 1983, c. 54, s. 3.

17. (Repealed).

1979, c. 34, s. 17; 1983, c. 54, s. 3.

18. (Repealed).

1979, c. 34, s. 18; 1983, c. 54, s. 3.

19. (Repealed).

1979, c. 34, s. 19; 1983, c. 54, s. 3.

20. (Repealed).

1979, c. 34, s. 20; 1983, c. 54, s. 3.

21. (Repealed).

1979, c. 34, s. 21; 1983, c. 54, s. 3.

22. (Repealed).

1979, c. 34, s. 22; 1983, c. 54, s. 3.

23. (Repealed).

1979, c. 34, s. 23; 1983, c. 54, s. 3.

24. (Repealed).

1979, c. 34, s. 24; 1982, c. 39, s. 12; 1983, c. 54, s. 3.

25. (Repealed).

1979, c. 34, s. 25; 1983, c. 54, s. 3.

26. (Repealed).

1979, c. 34, s. 26; 1983, c. 54, s. 3.

27. (Repealed).

1979, c. 34, s. 27; 1983, c. 54, s. 3.

28. (Repealed).

1979, c. 34, s. 28; 1983, c. 54, s. 3.

29. (Repealed).

1979, c. 34, s. 29; 1983, c. 54, s. 3.

30. (Repealed).

1979, c. 34, s. 30; 1983, c. 54, s. 3.

31. (Repealed).

1979, c. 34, s. 31; 1983, c. 54, s. 3.

32. (Repealed).

1979, c. 34, s. 32; 1983, c. 54, s. 3.

33. (Repealed).

1979, c. 34, s. 33; 1983, c. 54, s. 3.

34. (Repealed).

1979, c. 34, s. 34; 1979, c. 77, s. 27; 1983, c. 54, s. 3.

35. (Repealed).

1979, c. 34, s. 35; 1979, c. 77, s. 27; 1983, c. 54, s. 3.

36. (Repealed).

1979, c. 34, s. 36; 1983, c. 54, s. 3.

DIVISION VI REGULATIONS

37. The Government may, by regulation

(a)  establish the classes of tourist projects eligible for financial assistance on the conditions and in the cases or circumstances that it determines;

(b)  determine the conditions under which financial assistance will improve the product and enhance its specific cultural content;

(c)  define any other form of financial assistance than that provided for in paragraphs a to f of section 6;

(c.1)  establish the conditions applicable to businesses or tourist projects to determine whether they are eligible for financial assistance;

(d)  determine the classes of tourist projects in respect of which financial assistance is granted by preference or priority;

(e)  determine the criteria to be used as guidelines in the assessment of the relevance of a tourist project;

(f)  exclude from the application of this Act any class of tourist projects for the whole or part of a territory;

(g)  determine the standards that tourist projects must meet to be eligible for the assistance provided for in paragraphs d, e and f of section 6 and the minimal conditions according to which financial assistance may be granted;

(g.1)  determine the cases and conditions in which the Minister may grant financial assistance contemplated in section 11 without the prior authorization of the Government;

(h)  determine the conditions upon which part of the cost of the loans contracted by a business may be assumed by the Société under paragraph c of section 6, the maximum term of such loans, the standards with which they must comply and the classes of financial institutions with which they may be contracted;

(i)  establish the maximum and minimum amounts which may be given as financial assistance and the terms and conditions of computation and payment of the financial assistance contemplated in section 6;

(j)  determine the nature and extent of the security and the interest rate which must be required or withheld by a lender or the Société, as the case may be;

(k)  determine the methods which must be used to establish the current market rate of interest contemplated in section 7;

(l)  determine the cases where the rate of interest granted on loans is lower than the current market rate and the rate of interest then applicable;

(m)  determine the amount below which financial assistance may be granted by the Minister without the prior authorization of the Government;

(n)  prescribe the documents, reports and information to be produced or provided and the time limit therefor;

(o)  establish the cases where an insurance premium is payable with respect to a loan and determine the rate and the terms and conditions of payment thereof; and

(p)  (subparagraph repealed).

However, no regulation may be made pursuant to subparagraphs a, b or c.1 to g of the first paragraph except upon the recommendation of the minister responsible for the administration of the Tourist Accommodation Act (chapter H-1.01).

The regulations made pursuant to this section shall come into force on the date of their publication in the Gazette officielle du Québec or any other date fixed therein.

1979, c. 34, s. 37; 1983, c. 25, s. 11; 1983, c. 54, s. 4; 1984, c. 36, s. 31; 1988, c. 41, s. 89; 1994, c. 16, s. 10; 1999, c. 8, s. 20; 1999, c. 40, s. 14; 2000, c. 10, s. 22; 2003, c. 29, s. 135; 2005, c. 37, s. 32; 2021, c. 30, s. 45.

DIVISION VII FINAL PROVISIONS

38. The sums necessary for the application of this Act are paid out of the moneys voted each year by Parliament for that purpose.

1979, c. 34, s. 38; 1983, c. 54, s. 5.

39. The Minister of Tourism is responsible for the administration of this Act.

1979, c. 34, s. 39; 1979, c. 77, s. 28; 1984, c. 36, s. 32; 1988, c. 41, s. 89; 1994, c. 16, s. 11; 1999, c. 8, s. 20; 2003, c. 29, s. 135; 2005, c. 37, s. 33.

40. (Omitted).

1979, c. 34, s. 40.

41. (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 and regulations (chapter R-3), chapter 34 of the statutes of 1979, in force on 1 November 1980, is repealed, except section 40, effective from the coming into force of chapter A-13.1 of the Revised Statutes.