A-10 - Travel Agents Act

Section 36 Disposition versions

2018-08-01

36. The Government may make regulations:

(a)  to establish classes of travel agent licences;

(b)  to prescribe the terms and conditions of issue, maintenance, suspension, transfer or cancellation of a licence, the qualifications required of a person applying for a licence, the conditions to be met and the duties to be paid by that person, and the duties payable for the transfer of a licence or the amalgamation of two travel agents;

(b.1)  to prescribe the terms and conditions of issue, renewal, suspension or cancellation of a travel counsellor certificate, and the qualifications required of a person applying for a certificate, as well as the conditions to be met and the duties to be paid by that person;

(b.2)  to prescribe the terms and conditions of issue, renewal, suspension or cancellation of a travel agency manager certificate, the qualifications required of a person applying for a certificate, and the conditions to be met and the duties to be paid by that person;

(b.3)  to determine the cost of the examination a person applying for a travel counsellor certificate or a travel agency manager certificate must pass;

(c)  to require individual security of a travel agent, prescribe the amount and the form and determine the cases and the terms and conditions of collection, payment, administration and use of that security;

(c.1)  to prescribe the rules for establishing the amount of the contribution to be paid into the Fonds d’indemnisation des clients des agents de voyages and determine the cases and the terms and conditions of collection, payment, administration and use of the fund, in particular to set a maximum amount, per client or event, that may be paid out of the fund;

(c.2)  to prescribe, with respect to any indemnity fund established under subparagraph c.1, that the investment income on the sums accrued in the fund may be used by the Office de la protection du consommateur, on the terms and conditions the Government determines, to inform and educate clients with respect to their rights and obligations under the Acts whose application is under the supervision of the Office;

(d)  to exempt any travel agent indicated by him from the obligation imposed in section 33, provided he deposits the security determined by regulation;

(e)  to prescribe standards relating to any advertising made by a travel agent or by a third party for such travel agent;

(f)  to determine what professions, occupations, activities, enterprises, charges or functions are inconsistent with the operations of a travel agent;

(g)  to prescribe the conditions respecting the deposit and withdrawal of the funds a travel agent must transfer in trust and deposit in a trust account;

(h)  to prescribe the documents, books, registers and accounts travel agents or the classes of travel agents it may indicate, must keep;

(i)  to prescribe standards respecting the protection of the customers of a travel agent;

(j)  to prescribe standards for the exercise of the management duties provided for in section 8;

(k)  to prescribe standards for the maintenance of a principal establishment or any other establishment;

(l)  to prescribe the obligations applicable to travel agents;

(m)  to establish an advisory committee and determine its composition and functions;

(n)  to exempt from or subject to the application of all or part of this Act, in the cases and on the conditions determined by the Government, persons, operations or tourist services, or to modify the list of exceptions provided for in section 3;

(o)  to determine the nature of the accessory tourist services or the number or maximum value of such services that may be offered by the operator of a tourist accommodation establishment or an organizer of adventure travel, or to determine criteria on the basis of which that number or value may vary according to classes of operators or organizers;

(p)  to determine among the regulatory provisions those the contravention of which constitutes an offence.

The regulatory standards adopted under subparagraphs c, c.1 and l of the first paragraph may vary according to the class of travel agent or within the same class, according to the volume of business, the number of establishments, the type of activity, the cost of the services offered, the experience or operations of the travel agent or according to any other actuarial criterion relating to the risk to be covered.

1974, c. 53, s. 36; 1977, c. 57, s. 17; 1997, c. 9, s. 21; 1999, c. 40, s. 11; 2002, c. 55, s. 25; 2009, c. 51, s. 29; 2017, c. 24, s. 71; 2018, c. 14, s. 23.

2010-06-30

36. The Government may make regulations:

(a)  to establish classes of travel agent licences;

(b)  to prescribe the terms and conditions of issue, renewal, suspension, transfer or cancellation of a licence, and the qualifications required of a person applying for a licence or on whose behalf a licence is applied for, as well as the conditions to be met and the duties to be paid by that person;

(b.1)  to prescribe the terms and conditions of issue, renewal, suspension or cancellation of a travel counsellor certificate, and the qualifications required of a person applying for a certificate, as well as the conditions to be met and the duties to be paid by that person;

(c)  to require individual security of a travel agent, prescribe the amount and the form and determine the cases and the terms and conditions of collection, payment, administration and use of that security;

(c.1)  to establish any fund for the purpose of indemnifying the clients of travel agents, prescribe the amount and the form of the contributions required and determine the cases, the terms and the conditions of collection, payment, administration and use of a fund, in particular, fix a maximum amount, per client or event, that may be paid out of a fund;

(c.2)  to prescribe, with respect to any indemnity fund established under subparagraph c.1, that the investment income on the sums accrued in the fund may be used by the Office de la protection du consommateur, on the terms and conditions the Government determines, to inform and educate consumers with respect to their rights and obligations under this Act;

(d)  to exempt any travel agent indicated by him from the obligation imposed in section 33, provided he deposits the security determined by regulation;

(e)  to prescribe standards relating to any advertising made by a travel agent or by a third party for such travel agent;

(f)  to determine what professions, occupations, activities, enterprises, charges or functions are inconsistent with the operations of a travel agent;

(g)  to prescribe the conditions respecting the deposit and withdrawal of the funds a travel agent must transfer in trust and deposit in a trust account;

(h)  to prescribe the documents, books, registers and accounts travel agents or the classes of travel agents it may indicate, must keep;

(i)  to prescribe standards respecting the protection of the customers of a travel agent;

(j)  to prescribe standards for the exercise of the management duties provided for in section 8;

(k)  to prescribe standards for the maintenance of a principal establishment or any other establishment;

(l)  to prescribe the obligations applicable to travel agents;

(m)  to establish an advisory committee and determine its composition and functions;

(n)  to exempt from or subject to the application of all or part of this Act, in the cases and on the conditions determined by the Government, persons, operations or tourist services, or to modify the list of exceptions provided for in section 3;

(o)  to determine the nature of the accessory tourist services or the number or maximum value of such services that may be offered by the operator of a tourist accommodation establishment or an organizer of adventure travel, or to determine criteria on the basis of which that number or value may vary according to classes of operators or organizers;

(p)  to determine among the regulatory provisions those the contravention of which constitutes an offence.

The regulatory standards adopted under subparagraphs c, c.1 and l of the first paragraph may vary according to the class of travel agent or within the same class, according to the volume of business, the number of establishments, the type of activity, the cost of the services offered, the experience or operations of the travel agent or according to any other actuarial criterion relating to the risk to be covered.

Where a travel agent has transferred funds of a client, in accordance with the conditions prescribed by regulation as regards the deposit and withdrawal of funds held in a trust account, to a service supplier to whom the travel agent is not related or over whom he does not exercise any control, and where the travel agent has not committed a fault as regards the choice of the supplier, the client may not, in the case where the supplier has failed to fulfil his obligations, exercise any recourse against the travel agent to recover the amounts paid by him to the travel agent. The client may, however, apply for reimbursement to a fund referred to in subparagraph c.1 of the first paragraph established for the purpose of indemnifying clients.

1974, c. 53, s. 36; 1977, c. 57, s. 17; 1997, c. 9, s. 21; 1999, c. 40, s. 11; 2002, c. 55, s. 25; 2009, c. 51, s. 29.

2004-11-11

36. The Government may make regulations:

(a)  to establish classes of travel agents;

(b)  to prescribe the terms and conditions of issue, renewal, suspension, transfer or cancellation of a licence, and the qualifications required of a person applying for a licence or on whose behalf a licence is applied for, as well as the conditions to be met and the duties to be paid by that person;

(c)  to require individual security of a travel agent, prescribe the amount and the form and determine the cases and the terms and conditions of collection, payment, administration and use of that security;

(c.1)  to establish any fund for the purpose of indemnifying the clients of travel agents, prescribe the amount and the form of the contributions required and determine the cases, the terms and the conditions of collection, payment, administration and use of a fund, in particular, fix a maximum amount, per client or event, that may be paid out of a fund;

(d)  to exempt any travel agent indicated by him from the obligation imposed in section 33, provided he deposits the security determined by regulation;

(e)  to prescribe standards relating to any advertising made by a travel agent or by a third party for such travel agent;

(f)  to determine what professions, occupations, activities, enterprises, charges or functions are inconsistent with the operations of a travel agent;

(g)  to prescribe the conditions respecting the deposit and withdrawal of the funds a travel agent must transfer in trust and deposit in a trust account;

(h)  to prescribe the documents, books, registers and accounts travel agents or the classes of travel agents it may indicate, must keep;

(i)  to prescribe standards respecting the protection of the customers of a travel agent;

(j)  to prescribe standards for the exercise of the management duties provided for in section 8;

(k)  to prescribe standards for the maintenance of a principal establishment or any other establishment;

(l)  to prescribe the obligations applicable to travel agents;

(m)  to establish an advisory committee and determine its composition and functions;

(n)  to exempt from or subject to the application of all or part of this Act, in the cases and on the conditions determined by the Government, persons, operations or tourist services, or to modify the list of exceptions provided for in section 3;

(o)  to determine the nature of the accessory tourist services or the number or maximum value of such services that may be offered by the operator of a tourist accommodation establishment or an organizer of adventure travel, or to determine criteria on the basis of which that number or value may vary according to classes of operators or organizers;

(p)  to determine among the regulatory provisions those the contravention of which constitutes an offence.

The regulatory standards adopted under subparagraphs c, c.1 and l of the first paragraph may vary according to the class of travel agent or within the same class, according to the volume of business, the number of establishments, the type of activity, the cost of the services offered, the experience or operations of the travel agent or according to any other actuarial criterion relating to the risk to be covered.

Where a travel agent has transferred funds of a client, in accordance with the conditions prescribed by regulation as regards the deposit and withdrawal of funds held in a trust account, to a service supplier to whom the travel agent is not related or over whom he does not exercise any control, and where the travel agent has not committed a fault as regards the choice of the supplier, the client may not, in the case where the supplier has failed to fulfil his obligations, exercise any recourse against the travel agent to recover the amounts paid by him to the travel agent. The client may, however, apply for reimbursement to a fund referred to in subparagraph c.1 of the first paragraph established for the purpose of indemnifying clients.

1974, c. 53, s. 36; 1977, c. 57, s. 17; 1997, c. 9, s. 21; 1999, c. 40, s. 11; 2002, c. 55, s. 25.

2002-12-17

36. The Government may make regulations:

(a)  to establish classes of travel agents;

(b)  to prescribe the terms and conditions of issue, renewal, suspension, transfer or cancellation of a licence, and the qualifications required of a person applying for a licence or on whose behalf a licence is applied for, as well as the conditions to be met and the duties to be paid by that person;

(c)  to require individual security of travel agents or of such classes of them as he may indicate and collective security of travel agents as a whole or of such classes of them as he may indicate, to prescribe the amount and the form and fix the terms and conditions of collection, payment, administration and use of that security, and to provide in particular that any client of a travel agent who has suffered a prejudice as a result of the non-performance of a mandate entrusted to such travel agent may be indemnified directly out of the individual security or, if such security is insufficient, out of the collective security;

(d)  to exempt any travel agent indicated by him from the obligation imposed in section 33, provided he deposits the security determined by regulation;

(e)  to prescribe standards relating to any advertising made by a travel agent or by a third party for such travel agent;

(f)  to determine what professions, occupations, activities, enterprises, charges or functions are inconsistent with the operations of a travel agent;

(g)  to prescribe the conditions respecting the deposit and withdrawal of the funds a travel agent must transfer in trust and deposit in a trust account;

(h)  to prescribe the documents, books, registers and accounts travel agents or the classes of travel agents it may indicate, must keep;

(i)  to prescribe standards respecting the protection of the customers of a travel agent;

(j)  to prescribe standards for the exercise of the management duties provided for in section 8;

(k)  to prescribe standards for the maintenance of a principal establishment or any other establishment;

(l)  to prescribe the obligations applicable to travel agents;

(m)  to establish an advisory committee and determine its composition and functions;

(n)  to exempt from or subject to the application of all or part of this Act, in the cases and on the conditions determined by the Government, persons, operations or tourist services, or to modify the list of exceptions provided for in section 3;

(o)  to determine the nature of the accessory tourist services or the number or maximum value of such services that may be offered by the operator of a tourist accommodation establishment or an organizer of adventure travel, or to determine criteria on the basis of which that number or value may vary according to classes of operators or organizers;

(p)  to determine among the regulatory provisions those the contravention of which constitutes an offence.

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

1974, c. 53, s. 36; 1977, c. 57, s. 17; 1997, c. 9, s. 21; 1999, c. 40, s. 11; 2002, c. 55, s. 25.

1999-10-22

36. The Government may make regulations:

(a)  to establish classes of travel agents;

(b)  to prescribe the terms and conditions of issue, renewal, suspension or cancellation of a licence, the cases where a licence may be transferred and the terms and conditions on which such transfer shall be made, and the qualifications required of a person applying for a licence or on whose behalf a licence is applied for, as well as the conditions to be met and the duties to be paid by that person;

(c)  to require individual security of travel agents or of such classes of them as he may indicate and collective security of travel agents as a whole or of such classes of them as he may indicate, to prescribe the amount and the form and fix the terms and conditions of collection, payment, administration and use of that security, and to provide in particular that any client of a travel agent who has suffered a prejudice as a result of the non-performance of a mandate entrusted to such travel agent may be indemnified directly out of the individual security or, if such security is insufficient, out of the collective security;

(d)  to exempt any travel agent indicated by him from the obligation imposed in section 33, provided he deposits the security determined by regulation;

(e)  to prescribe standards respecting any advertising made by a licensee or by a third party on account of such licensee;

(f)  to determine what professions, occupations, activities, enterprises, charges or functions are inconsistent with the duties of a travel agent;

(g)  to prescribe the conditions respecting the deposit and withdrawal of the funds a travel agent must transfer in trust and deposit in a trust account;

(h)  to prescribe the documents, books, registers and accounts travel agents or the classes of travel agents it may indicate, must keep;

(i)  to prescribe standards respecting the protection of the customers of a travel agent;

(j)  to prescribe standards for the exercise of the management duties provided for in section 8;

(k)  to prescribe standards for the maintenance of a principal establishment or any other establishment.

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

1974, c. 53, s. 36; 1977, c. 57, s. 17; 1997, c. 9, s. 21; 1999, c. 40, s. 11.

1997-04-16

36. The Government may make regulations:

(a)  to establish classes of travel agents;

(b)  to prescribe the terms and conditions of issue, renewal, suspension or cancellation of a licence, the cases where a licence may be transferred and the terms and conditions on which such transfer shall be made, and the qualifications required of a person applying for a licence or on whose behalf a licence is applied for, as well as the conditions to be met and the duties to be paid by that person;

(c)  to require individual security of travel agents or of such classes of them as he may indicate and collective security of travel agents as a whole or of such classes of them as he may indicate, to prescribe the amount and the form and fix the terms and conditions of collection, payment, administration and use of that security, and to provide in particular that any client of a travel agent who has suffered a prejudice as a result of the non-performance of a mandate entrusted to such travel agent may be indemnified directly out of the individual security or, if such security is insufficient, out of the collective security;

(d)  to exempt any travel agent indicated by him from the obligation imposed in section 33, provided he deposits the security determined by regulation;

(e)  to prescribe standards respecting any advertising made by a licensee or by a third party on account of such licensee;

(f)  to determine what professions, occupations, trades, businesses, charges or functions are inconsistent with the duties of a travel agent;

(g)  to prescribe the conditions respecting the deposit and withdrawal of the funds a travel agent must deposit in a trust account;

(h)  to prescribe the documents, books, registers and accounts travel agents or the classes of travel agents it may indicate, must keep;

(i)  to prescribe standards respecting the protection of the customers of a travel agent;

(j)  to prescribe standards for the exercise of the management duties provided for in section 8;

(k)  to prescribe standards for the maintenance of a principal establishment or any other establishment.

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

1974, c. 53, s. 36; 1977, c. 57, s. 17; 1997, c. 9, s. 21.

1978-03-01

36. The Government may make regulations:

(a)  to establish classes of travel agents;

(b)  to prescribe the terms and conditions of issue, renewal, suspension or cancellation of a licence, the cases where a licence may be transferred and the terms and conditions on which such transfer shall be made, and the qualifications required of a person applying for a licence or on whose behalf a licence is applied for, as well as the conditions to be met and the duties to be paid by that person;

(c)  to require individual security of travel agents or of such classes of them as he may indicate and collective security of travel agents as a whole or of such classes of them as he may indicate, to prescribe the amount and the form and fix the terms and conditions of collection, payment, administration and use of that security, and to provide in particular that any client of a travel agent who has suffered a prejudice as a result of the non-performance of a mandate entrusted to such travel agent may be indemnified directly out of the individual security or, if such security is insufficient, out of the collective security;

(d)  to exempt any travel agent indicated by him from the obligation imposed in section 33, provided he deposits the security determined by regulation;

(e)  to prescribe standards respecting any advertising made by a licensee or by a third party on account of such licensee;

(f)  to determine what professions, occupations, trades, businesses, charges or functions are inconsistent with the duties of a travel agent;

(g)  to prescribe the conditions respecting the deposit and withdrawal of the funds a travel agent must deposit in a trust account;

(h)  to prescribe the documents, books, registers and accounts travel agents or the classes of travel agents it may indicate, must keep;

(i)  to prescribe standards respecting the protection of the customers of a travel agent.

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

1974, c. 53, s. 36; 1977, c. 57, s. 17.

1977-12-31

36. The Gouvernement may make regulations:

(a)  to establish classes of travel agents;

(b)  to prescribe the terms and conditions of issue, renewal and transfer of a licence, the qualifications required of a person applying for it, the conditions he must fulfil and the duties he must pay;

(c)  to determine the security required of travel agents or of the categories of travel agents it may indicate, which security may be in the form of collective security required of travel agents as a whole or of the categories of travel agents it may indicate;

(d)  to exempt carriers or the categories of carriers it may indicate from the application of section 33, provided the contemplated carriers deposit the special security determined by regulation;

(e)  to prescribe standards respecting any advertising made by a licensee;

(f)  to determine what professions, occupations, trades, businesses, charges or functions are inconsistent with the duties of a travel agent;

(g)  to prescribe the conditions respecting the deposit and withdrawal of the funds a travel agent must deposit in a trust account;

(h)  to prescribe the books, registers and accounts travel agents, or the categories of travel agents it may indicate, must keep;

(i)  to prescribe standards respecting the protection of the customers of a travel agent while they are travelling.

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

1974, c. 53, s. 36.