e-14.2 - Act respecting tourist accommodation establishments

Updated to 1 January 2011

This document has official status.

chapter E-14.2

Act respecting tourist accommodation establishments

This Act was formerly entitled: “Tourist Establishments Act”. The title of the Act was replaced by section 1 of chapter 10 of the statutes of 2000.

2000, c. 10, s. 1.

DIVISION I SCOPE

1. This Act applies to establishments providing accommodation to tourists in return for payment.

1987, c. 12, s. 1; 1993, c. 22, s. 1; 2000, c. 10, s. 2.

2. (Repealed).

1987, c. 12, s. 2; 2000, c. 10, s. 3.

3. This Act is binding on the Government and government departments and agencies, except in the cases prescribed by government regulation.

1987, c. 12, s. 3; 1991, c. 49, s. 1.

DIVISION II CLASSIFICATION CERTIFICATES

2000, c. 10, s. 21.

§ 1 . — Application for and issue of classification certificates

2000, c. 10, s. 21.

4. (Repealed).

1987, c. 12, s. 4; 2000, c. 10, s. 3.

5. (Repealed).

1987, c. 12, s. 5; 1990, c. 85, s. 122; 1999, c. 40, s. 126; 2000, c. 10, s. 3.

6. Every person operating a tourist accommodation establishment is required to hold a classification certificate for the establishment.

The application for a classification certificate must be filed with the Minister under the conditions prescribed by regulation of the Government.

1987, c. 12, s. 6; 2000, c. 10, s. 4; 2009, c. 22, s. 1.

7. The classification of a tourist accommodation establishment is established by the body recognized by the Minister for classification purposes under an agreement setting out the conditions to be complied with and the responsibilities to be assumed by the body.

The body shall, with the approval of the Minister, determine criteria for the classification of tourist accommodation establishments and the fees, payable by the applicant, attached to such classification.

Classification is established on the basis of the classes of tourist accommodation establishments determined by regulation of the Government. The regulation may exempt a class of establishment or all or part of an area or of a municipality from this Act or certain of its provisions.

1987, c. 12, s. 7; 1993, c. 22, s. 2; 2000, c. 10, s. 5; 2009, c. 22, s. 2.

8. Classification certificates, the form of which is determined by regulation of the Government, shall be issued by the Minister.

The Minister may issue provisional classification certificates to allow a person to operate a tourist accommodation establishment in respect of which the application for a classification certificate has not yet been processed. The form of provisional classification certificates is determined by regulation of the Government.

The conditions for obtaining a classification certificate and the conditions that must be complied with by certificate holders are determined by regulation of the Government.

1987, c. 12, s. 8; 1991, c. 49, s. 4; 2000, c. 10, s. 6; 2009, c. 22, s. 3.

9. A classification certificate is valid for a period of 24 months. The Minister may nevertheless fix any other term in the cases determined by regulation of the Government.

A provisional classification certificate is valid for up to 12 months.

1987, c. 12, s. 9; 2000, c. 10, s. 7; 2009, c. 22, s. 4.

10. Rights conferred by a classification certificate cannot be validly transferred to another person.

1987, c. 12, s. 10; 2000, c. 10, s. 21.

10.1. Any mention of a tourist accommodation establishment’s classification in an advertisement for that establishment must be in conformity with the classification assigned by the Minister.

2009, c. 22, s. 5.

§ 2 . — Suspension, refusal or cancellation of permit

11. The Minister may refuse to issue a classification certificate if

(1)  the person applying for the classification certificate does not meet the conditions prescribed by this Act and the regulations;

(2)  the person applying for the classification certificate has, in the last three years, been convicted of an offence under any of the provisions of this Act, the Public Buildings Safety Act (chapter S-3), the Environment Quality Act (chapter Q-2), the Consumer Protection Act (chapter P-40.1) or the Act respecting the conservation and development of wildlife (chapter C-61.1), unless he has been pardoned.

1987, c. 12, s. 11; 1990, c. 4, s. 942; 1993, c. 22, s. 3; 2000, c. 26, s. 63; 2000, c. 10, s. 8, s. 21; 2009, c. 22, s. 6.

11.1. The Minister may suspend or cancel a classification certificate if

(1)  the classification certificate holder no longer meets the conditions prescribed by this Act and the regulations;

(2)  the classification certificate holder has, during the term of his classification certificate, been convicted of an offence under any of the provisions of this Act, the Public Buildings Safety Act (chapter S-3), the Environment Quality Act (chapter Q-2), the Consumer Protection Act (chapter P-40.1) or the Act respecting the conservation and development of wildlife (chapter C-61.1), unless he has been pardoned.

1993, c. 22, s. 3; 2000, c. 26, s. 63; 2000, c. 10, s. 9, s. 21; 2009, c. 22, s. 7.

12. The Minister, before refusing to issue or before suspending or cancelling a classification certificate, shall notify the applicant or classification certificate holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the applicant or classification certificate holder at least 10 days to present observations.

1987, c. 12, s. 12; 1997, c. 43, s. 232; 2000, c. 10, s. 21; 2009, c. 22, s. 8.

13. The decision of the Minister must give reasons. The person in respect of whom the decision is made shall be informed thereof in writing.

1987, c. 12, s. 13.

14. The suspension or cancellation of a classification certificate has effect from the date of receipt of the decision of the Minister by the holder.

1987, c. 12, s. 14; 2000, c. 10, s. 21.

14.1. The Minister may delegate the exercise of the Minister’s powers under this Act that relate to the issue of classification certificates to any person the Minister designates.

2000, c. 10, s. 10.

§ 3 . — Proceeding before the Administrative Tribunal of Québec

1997, c. 43, s. 233.

15. The following persons may, within 30 days of notification of the decision, contest the decision of the Minister before the Administrative Tribunal of Québec:

(1)  any person whose classification certificate application has been refused;

(2)  any person whose classification certificate has been suspended or cancelled;

(3)  (paragraph repealed).

1987, c. 12, s. 15; 1988, c. 21, s. 66; 1991, c. 49, s. 9; 1993, c. 22, s. 6; 1997, c. 43, s. 234; 2000, c. 10, s. 21; 2009, c. 22, s. 9.

16. (Repealed).

1987, c. 12, s. 16; 1988, c. 21, s. 66; 1997, c. 43, s. 235.

17. (Repealed).

1987, c. 12, s. 17; 1988, c. 21, s. 66; 1997, c. 43, s. 235.

18. (Repealed).

1987, c. 12, s. 18; 1997, c. 43, s. 235.

19. (Repealed).

1987, c. 12, s. 19; 1997, c. 43, s. 235.

20. (Repealed).

1987, c. 12, s. 20; 1988, c. 21, s. 66; 1997, c. 43, s. 235.

21. (Repealed).

1987, c. 12, s. 21; 1988, c. 21, s. 66, s. 147; 1997, c. 43, s. 235.

DIVISION III POSTING

2000, c. 10, s. 11.

22. (Repealed).

1987, c. 12, s. 22; 2000, c. 10, s. 12.

23. (Repealed).

1987, c. 12, s. 23; 2000, c. 10, s. 12.

24. (Repealed).

1987, c. 12, s. 24; 2000, c. 10, s. 12.

25. (Repealed).

1987, c. 12, s. 25; 2000, c. 10, s. 12.

26. (Repealed).

1987, c. 12, s. 26; 2000, c. 10, s. 12.

27. (Repealed).

1987, c. 12, s. 27; 1997, c. 43, s. 236; 2000, c. 10, s. 12.

28. (Repealed).

1987, c. 12, s. 28; 2000, c. 10, s. 12.

29. (Repealed).

1987, c. 12, s. 29; 2000, c. 10, s. 12.

30. The classification certificate of a tourist accommodation establishment, other than a provisional classification certificate, must be kept posted in public view in the places determined by regulation of the Government throughout the period of operation of the establishment.

1987, c. 12, s. 30; 2000, c. 10, s. 13; 2009, c. 22, s. 10.

31. (Repealed).

1987, c. 12, s. 31; 2009, c. 22, s. 11.

32. Only a person authorized by the Minister may display a sign or poster containing the words “tourist information” or any other word or pictogram determined by regulation of the Government, indicating or implying the presence of a tourist welcome and information site. The conditions for displaying such signs or pictograms shall be determined by the regulation.

The authorization of the Minister is given in writing and confers the right to use the words and pictograms mentioned therein, according to the conditions provided in the authorization.

The Minister may delegate the exercise of the Minister’s powers under this section to any person the Minister designates.

1987, c. 12, s. 32; 2000, c. 10, s. 14; 2009, c. 22, s. 12.

32.1. The Minister may suspend or cancel an authorization given under section 32 if the authorized person no longer meets the conditions prescribed. In such a case, sections 12 to 14 and 15 apply with the necessary modifications.

2009, c. 22, s. 13.

DIVISION IV INSPECTION

33. Every person authorized by the Minister to act as an inspector for the purposes of this Act may, in performing his duties,

(1)  enter a tourist accommodation establishment at any reasonable time and inspect it;

(2)  take photographs of the premises and equipment;

(3)  require that extracts from any book, account, register, record or document be communicated to him for examination or reproduction where there is reasonable cause to believe that it includes information relating to the enforcement of this Act or the regulations thereunder.

1987, c. 12, s. 33; 2000, c. 10, s. 20.

34. The owner or the person in charge of a tourist accommodation establishment that is being inspected and any person present shall assist the inspector in the performance of his duties.

On request, the inspector shall identify himself and produce the certificate, signed by the Minister, attesting his capacity.

1987, c. 12, s. 34; 2000, c. 10, s. 20.

35. No person may in any manner hinder an inspector in the performance of his duties, mislead him by false declarations or refuse to provide him with information he is entitled to obtain under this Act.

1987, c. 12, s. 35.

DIVISION V REGULATIONS

36. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  (paragraph repealed);

(8.1)  (paragraph repealed);

(8.2)  (paragraph repealed);

(9)  (paragraph repealed);

(10)  (paragraph repealed);

(11)  (paragraph repealed);

(12)  (paragraph repealed);

(13)  (paragraph repealed);

(13.1)  (paragraph repealed);

(14)  (paragraph repealed);

(15)  (paragraph repealed);

(16)  define the expression “tourist accommodation establishment”.

1987, c. 12, s. 36; 1993, c. 22, s. 4; 1991, c. 49, s. 10; 2000, c. 10, s. 15, s. 20.

DIVISION VI PENAL PROVISIONS

1992, c. 61, s. 646.

37. Every person who

(1)  makes a false declaration in a document prescribed by this Act and the regulations;

(2)  produces a document required by this Act and the regulations thereunder that is inaccurate or which he ought to have known was inaccurate;

(3)  destroys, removes, hides, alters or obliterates a classification certificate issued under this Act or a sign or poster required by this Act;

(4)  uses any name other than the name written on the classification certificate;

(5)  contravenes any provision of section 10, 10.1 or 30, of the first paragraph of section 34, of section 35 or of any regulation prescribed by the Government,

(6)  (paragraph repealed),

is guilty of an offence.

1987, c. 12, s. 37; 2000, c. 10, s. 16, s. 21; 2009, c. 22, s. 14.

38. Every person who operates or purports to operate a tourist accommodation establishment without holding a classification certificate issued under this Act is guilty of an offence.

Every person who is guilty of an offence under the first paragraph or under section 32 is liable, for each day or part of a day during which the offence continues, to a fine of $750 to $2,250, and, in the case of a second or subsequent conviction, to a fine of $2,250 to $6,750.

1987, c. 12, s. 38; 1990, c. 4, s. 943; 1991, c. 49, s. 12; 2000, c. 10, s. 17; 2009, c. 22, s. 15.

39. Every person who is guilty of an offence under section 37 is liable to a fine of not less than $250 nor more than $625.

1987, c. 12, s. 39; 1990, c. 4, s. 944; 1991, c. 49, s. 13; 2009, c. 22, s. 16.

40. Every person who allows, abets, counsels or commands another to commit an offence under this Act and the regulations thereunder is guilty of the offence as if he had himself committed the offence, and of any other offence committed by the other as a result of the consent, abetment, counsel or command, if he knew or should have known that his action would probably result in the commission of the offences.

1987, c. 12, s. 40.

41. Every person who, by act or omission, aids another in committing an offence under this Act and the regulations thereunder is guilty of the offence as if he had committed it himself, if he knew or should have known that his act or omission would probably result in aiding in the commission of the offence.

1987, c. 12, s. 41.

42. (Repealed).

1987, c. 12, s. 42; 1990, c. 4, s. 945.

DIVISION VII TRANSITIONAL AND FINAL PROVISIONS

43. (Omitted).

1987, c. 12, s. 43.

44. (Repealed).

1987, c. 12, s. 44; 2000, c. 10, s. 18.

45. (Repealed).

1987, c. 12, s. 45; 2000, c. 10, s. 18.

CITIES AND TOWNS ACT

46. (Amendment integrated into c. C-19, s. 29.11).

1987, c. 12, s. 46.

MUNICIPAL CODE OF QUÉBEC

47. (Amendment integrated into c. C-27.1, s. 14.9).

1987, c. 12, s. 47.

ACT RESPECTING THE CONSERVATION AND DEVELOPMENT OF WILDLIFE

48. (Amendment integrated into c. C-61.1, s. 52).

1987, c. 12, s. 48.

49. (Amendment integrated into c. C-61.1, s. 100).

1987, c. 12, s. 49.

50. (Omitted).

1987, c. 12, s. 50.

ACT RESPECTING LIQUOR PERMITS

51. (Amendment integrated into c. P-9.1, s. 39).

1987, c. 12, s. 51.

52. (Amendment integrated into c. P-9.1, s. 45).

1987, c. 12, s. 52.

53. (Amendment integrated into c. P-9.1, s. 76).

1987, c. 12, s. 53.

54. (Inoperative, 1990, c. 60, s. 54).

1987, c. 12, s. 54.

55. The Minister designated by the Government is responsible for the administration of this Act.

1987, c. 12, s. 55; 1993, c. 22, s. 5; 1994, c. 16, s. 20; 2000, c. 10, s. 19.

The Minister of Tourism is responsible for the administration of this Act. Order in Council 376-2014 dated 24 April 2014, (2014) 146 G.O. 2 (French), 1878.

56. (Omitted).

1987, c. 12, s. 56.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter E-15.1 of the Revised Statutes, in force on 1 April 2002, is repealed effective from the coming into force of chapter E-14.2 of the Revised Statutes.