A-10 - Travel Agents Act

À jour au 1^er octobre 2000

Ce document a valeur officielle.

chapter A-10

Travel Agents Act

DIVISION I DEFINITIONS AND APPLICATION

1. In this Act, unless the context indicates a different meaning, the following words mean:

(a)  “licence” : a licence issued under this Act;

(b)  “regulation” : a regulation made under this Act;

(c)  “carrier” : any person, partnership or association carrying on a commercial passenger transport enterprise;

(d)  “president” : the president of the Office de la protection du consommateur;

(e)  “officer” : the chairman of the board of directors, the president, the vice-president, the secretary, the treasurer, the managing director and the general manager of an association, partnership or legal person;

(f)  “establishment” : business premises separate from any other, equipped with self-contained installations, situated in Québec, and physically accessible to the clientele corresponding to a class of licence;

(g)  “principal establishment” : the establishment in which the functions of the licensee are principally exercised.

1974, c. 53, s. 1; 1977, c. 57, s. 1; 1979, c. 77, s. 28; 1981, c. 10, s. 16; 1981, c. 23, s. 3; 1997, c. 9, s. 10; 1999, c. 40, s. 11.

2. A person, association or partnership acts as a travel agent by carrying on an activity which involves the performance of or the offer or attempt to perform on account of a third party any operation in the following list:

(a)  the reservation of lodging accommodations and the issue of lodging vouchers, except by a hotel-keeper, and, except by a carrier, the booking of passage on any means of transport or the issue of passenger tickets;

(b)  the organization of individual or group travel by contract or for a commission, or the sale and provision of tickets and vouchers for such travel.

Every association, partnership or legal person which performs or offers or attempts to perform on account of its members, one of the operations mentioned in subparagraphs a and b of the first paragraph shall also be a travel agent for the purposes of this Act.

1974, c. 53, s. 2; 1977, c. 57, s. 2; 1999, c. 40, s. 11.

3. This act does not apply to an outfitter within the meaning of Division II of chapter IV of the Act respecting the conservation and development of wildlife (chapter C-61.1).

Nor does this act apply to the operations listed in section 2,

(a)  where such operations relate to travels made occasionally and exclusively in Québec for a duration not exceeding seventy-two hours; or

(b)  where a person, association or partnership performing such operations receives no form of remuneration for performing such operations and no expenditure, participation or contribution is made for the performance of such operations by the person who benefits by them.

1974, c. 53, s. 3; 1977, c. 57, s. 3.

DIVISION II LICENCES

4. No person shall exercise the functions of travel agent, assume the title of travel agent or represent that he is a travel agent unless he holds a licence in force for such purpose or, in the case of an association, partnership or legal person, unless a licence is issued to a natural person on its behalf.

1974, c. 53, s. 4; 1977, c. 57, s. 4; 1997, c. 43, s. 875; 1999, c. 40, s. 11.

5. The employee of a licensed employer may perform operations proper to a travel agent without holding a licence himself, provided he so acts on account of the employer and not on his own account.

If such employee acts elsewhere than at an establishment of his employer, he must be able to identify himself as such on demand.

1974, c. 53, s. 5; 1997, c. 9, s. 11.

6. Every licence shall be issued in the name of a natural person, on his account or on behalf of an association, partnership or legal person.

Such person must be of full age. If the licence is applied for on his own account, the person must also establish and maintain a principal establishment. In other cases, the association, partnership or legal person on whose behalf the licence is applied for must establish and maintain a principal establishment.

1974, c. 53, s. 6; 1977, c. 57, s. 5; 1997, c. 9, s. 12; 1999, c. 40, s. 11.

7. The same person shall not hold more than one licence of the same class.

If a travel agent operates more than one establishment, a duplicate of the licence issued on account or on behalf of that agent must be obtained for each establishment.

1974, c. 53, s. 7; 1977, c. 57, s. 6.

8. Every person applying for a licence on account of an association, partnership or legal person must be authorized in writing, show proof of his mandate and have, as principal activity, the exercise of duties of management at the principal establishment of the association, partnership or legal person on whose behalf he applies for the licence.

Every natural person applying for a licence on his own account must exercise, as his principal activity, the functions of a travel agent at the principal establishment corresponding to the licence.

1974, c. 53, s. 8; 1977, c. 57, s. 7; 1997, c. 9, s. 13; 1999, c. 40, s. 11.

9. Every person who applies for a licence must send his application to the president in the form prescribed by the regulations, together with the documents and the payment of the duties prescribed by the regulations.

1974, c. 53, s. 9; 1981, c. 23, s. 4.

10. No licence shall be granted

(a)  if the applicant, or the association, partnership or legal person on whose behalf he applies for the licence is a prête-nom for another person, association or partnership;

(b)  if the applicant or, as the case may be, the association, partnership or legal person on whose behalf he applies for the licence, has carried on one of the operations listed in section 2 and has become bankrupt in the course of the five preceding years, or has been found guilty of fraud, forgery or fraudulent operations in any contractual or commercial matter;

(c)  if the applicant has been an officer, director or partner of an association, partnership or legal person which has carried on one of the activities listed in section 2 and which has become bankrupt in the course of the five preceding years, or which has been found guilty of fraud, forgery or fraudulent operations in any contractual or commercial matter;

(d)  if an officer, director or partner of an association, partnership or legal person on whose behalf the licence is applied for has been an officer, director or partner of an association, partnership or legal person which has carried on one of the activities listed in section 2 and which has become bankrupt in the course of the five preceding years, or which has been found guilty of fraud, forgery or fraudulent operations in any contractual or commercial matter;

(e)  if an officer, director or partner of an association, partnership or legal person on whose behalf the licence is applied for has carried on one of the activities listed in section 2 and has become bankrupt in the course of the five preceding years, or has been found guilty of fraud, forgery or fraudulent operations in any contractual or commercial matter.

1974, c. 53, s. 10; 1977, c. 57, s. 8; 1999, c. 40, s. 11.

11. The president shall issue the licence if the applicant and, where such is the case, the association, partnership or legal person on whose behalf he is applying for a licence, fulfils the conditions prescribed by this Act and the regulations.

The president remains the owner of the licence so issued and may resume possession thereof upon its suspension, cancellation or non-renewal.

The president may, in respect of any application, have any inquiry made that he believes necessary.

1974, c. 53, s. 11; 1977, c. 57, s. 9; 1981, c. 23, s. 4; 1999, c. 40, s. 11.

DIVISION III SUSPENSION, CANCELLATION OR REFUSAL TO ISSUE OR RENEW LICENCES; PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1997, c. 43, s. 20.

12. The president may suspend, cancel or refuse to issue or to renew the licence of any licensee who

(a)  is guilty of an offence against this act or the regulations, or

(b)  no longer fulfils the conditions required for obtaining a licence.

1974, c. 53, s. 12; 1977, c. 57, s. 10; 1981, c. 23, s. 4.

13. The president shall, before cancelling, suspending or refusing to issue or renew a licence, notify the licensee in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J‐3) and allow the licensee at least 10 days to present observations. He shall also give notice of his decision in writing, with the reasons on which it is based, to any person whose licence he cancels, suspends or refuses to renew.

Where required by the situation, the president may, from the time of notification to the licensee until the rendering of his decision, confer on a provisional administrator the temporary administration of the current business of the travel agent.

The licensee is, in such a case, required to remit to the provisional administrator all documents, books and other effects necessary for the continuation of the current business of the travel agent.

1974, c. 53, s. 13; 1981, c. 23, s. 4; 1997, c. 43, s. 21; 1999, c. 40, s. 11.

13.1. The licence of a travel agent ceases to have effect from such time as the agent becomes bankrupt or, as the case may be,

(a)  its charter is repealed or cancelled or it expires;

(b)  its powers as a legal person are revoked;

(c)  it adopts a resolution directing its own winding-up;

(d)  a winding-up order is rendered against it by any competent court;

(e)  the travel agent or licensee recognizes the permanent closing of his or its principal establishment.

1977, c. 57, s. 11; 1997, c. 9, s. 14; 1999, c. 40, s. 11.

14. Any licensee whose licence is cancelled, suspended or not renewed must remit to a provisional administrator designated by the president all the documents, books and other effects necessary for the winding-up or the continuation of the current business of the travel agent.

1974, c. 53, s. 14; 1981, c. 23, s. 4; 1999, c. 40, s. 11.

15. No chartered bank of Canada or other institution authorized by law to receive deposits that is the depositary of a trust account of a licensee whose licence has been cancelled, suspended or not renewed or the administration of whose current business has been temporarily conferred on a provisional administrator, shall, after notice served to that effect by the provisional administrator referred to in section 13 or in section 14, as the case may be, effect any withdrawal or payment on the said trust account, except with the written authorization of the provisional administrator.

1974, c. 53, s. 15; 1997, c. 43, s. 22; 1999, c. 40, s. 11.

16. The administrative expenses and the fees of the provisional administrator fall upon the travel agent and become payable on being approved by the president. Failing payment by the travel agent, and after discussion of his property, they shall be paid out of the security contemplated in subparagraph c of the first paragraph of section 36, in the manner provided there.

1974, c. 53, s. 16; 1977, c. 57, s. 13; 1981, c. 23, s. 4; 1999, c. 40, s. 11.

17. Any person whose licence application is refused or whose licence is suspended, cancelled or not renewed may, within 30 days of notification of the president’s decision, contest the decision before the Administrative Tribunal of Québec.

1974, c. 53, s. 17; 1981, c. 23, s. 4; 1988, c. 21, s. 66; 1997, c. 9, s. 15; 1997, c. 43, s. 23.

18. (Repealed).

1974, c. 53, s. 18; 1981, c. 23, s. 4; 1988, c. 21, s. 66; 1997, c. 9, s. 16; 1997, c. 43, s. 24.

19. (Repealed).

1974, c. 53, s. 19; 1981, c. 23, s. 4; 1988, c. 21, s. 66; 1997, c. 43, s. 24.

20. (Repealed).

1974, c. 53, s. 20; 1992, c. 61, s. 41; 1997, c. 43, s. 24.

21. (Repealed).

1974, c. 53, s. 21; 1981, c. 23, s. 4; 1988, c. 21, s. 66; 1997, c. 43, s. 24.

22. (Repealed).

1974, c. 53, s. 22; 1988, c. 21, s. 66; 1997, c. 43, s. 24.

23. (Repealed).

1974, c. 53, s. 23; 1997, c. 43, s. 24.

24. (Repealed).

1974, c. 53, s. 24; 1997, c. 43, s. 24.

25. (Repealed).

1974, c. 53, s. 25; 1997, c. 43, s. 24.

26. (Repealed).

1974, c. 53, s. 26; 1997, c. 43, s. 24.

27. (Repealed).

1974, c. 53, s. 27; 1997, c. 43, s. 24.

28. (Repealed).

1974, c. 53, s. 28; 1997, c. 43, s. 24.

29. (Repealed).

1974, c. 53, s. 29; 1997, c. 43, s. 24.

30. (Repealed).

1974, c. 53, s. 30; 1988, c. 21, s. 66; 1997, c. 43, s. 24.

DIVISION IV OBLIGATIONS OF THE LICENSEE

31. A travel agent must display his licence in a conspicuous place in each of his establishments.

1974, c. 53, s. 31; 1977, c. 57, s. 14; 1997, c. 9, s. 17.

32. A travel agent must keep in each of his establishments the books, registers and accounts prescribed by regulation; the president may require him to make a report of his operations at the times and in the manner determined by the president.

1974, c. 53, s. 32; 1981, c. 23, s. 4; 1997, c. 9, s. 18.

33. The funds collected by a travel agent on account of other persons shall be transferred in trust. In such a case the travel agent shall act as trustee; the travel agent must deposit and maintain the funds in a trust account opened in Québec and comply with the conditions prescribed by regulation for the deposit and withdrawal of such funds.

1974, c. 53, s. 33; 1997, c. 9, s. 19; 1999, c. 40, s. 11.

DIVISION V INSPECTION

34. To see to the application of this Act, inspectors shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

1974, c. 53, s. 34; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

34.1. The president may temporarily employ any person necessary to make an inquiry into the application of this Act.

1977, c. 57, s. 15; 1981, c. 23, s. 4.

35. Every inspector may, in the performance of his duties, enter at any reasonable time any establishment of a travel agent, examine any document, book, register or account containing information relating to the activities of a travel agency and make a note or a copy of it.

Every person having the custody, possession or control of a document, book, register or account contemplated in the first paragraph must, if so required, give communication thereof to the inspector and facilitate his examination of the same.

1974, c. 53, s. 35; 1977, c. 57, s. 16; 1981, c. 23, s. 4; 1986, c. 95, s. 12; 1997, c. 9, s. 20.

35.1. Every inspector and every person making an inquiry at the request of the president may, in the performance of his duties, require of a travel agent or of any person representing that he is a travel agent any information relating to the administration of this Act.

1986, c. 95, s. 12.

35.2. The inspector or investigator shall, on request, identify himself and produce a certificate of his capacity signed by the president.

1986, c. 95, s. 12.

DIVISION VI REGULATIONS

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.

DIVISION VII PENAL PROVISIONS

1992, c. 61, s. 42.

37. Every person is guilty of an offence who:

(a)  makes a false declaration in an application for a licence or for the renewal of a licence;

(b)  supplies the president or an inspector with inaccurate information;

(c)  hinders or attempts to hinder in any way a person acting as required or permitted by this act or the regulations;

(d)  infringes this act or the regulations.

1974, c. 53, s. 37; 1981, c. 23, s. 4.

38. When a legal person, member of an association or other member is guilty of an offence against this Act or a regulation, every officer, functionary, director, partner, employee or agent of such legal person who prescribed or authorized the commission of the offence or consented to or acquiesced or participated in it, is deemed a party to the offence and is liable to the same penalty as that provided for the legal person, association or partnership whether or not the latter has been prosecuted or convicted.

1974, c. 53, s. 38; 1977, c. 57, s. 18; 1990, c. 4, s. 44; 1999, c. 40, s. 11.

39. Every person convicted of an offence against section 4 or 33 is liable to a fine of $2,000 to $10,000 and, for a second or subsequent conviction, to a fine of $4,000 to $20,000.

1974, c. 53, s. 39; 1977, c. 57, s. 19; 1990, c. 4, s. 45; 1992, c. 58, s. 7.

40. Every person convicted of an offence other than an offence under section 39 is liable to a fine of $500 to $2 500 and, for a second or subsequent conviction, to a fine of $1 000 to $5 000.

1974, c. 53, s. 40; 1990, c. 4, s. 46; 1992, c. 58, s. 8.

41. (Repealed).

1974, c. 53, s. 41; 1990, c. 4, s. 47; 1992, c. 61, s. 43.

DIVISION VIII FINAL PROVISIONS

1981, c. 23, s. 5.

42. The Minister of Relations with the Citizens and Immigration is responsible for the administration of this Act.

1981, c. 23, s. 5; 1994, c. 12, s. 69; 1996, c. 21, s. 31.

The Minister of Justice exercises the functions of the Minister of Relations with the Citizens and Immigration provided for in this Act. Order in Council 121-2005 dated 18 February 2005, (2005) 137 G.O. 2 (French), 874.

43. The Office de la protection du consommateur shall supervise the carrying out of this Act.

1981, c. 23, s. 5.

44. (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 53 of the statutes of 1974, in force on 31 December 1977, is repealed, except sections 42 to 44, effective from the coming into force of chapter A-10 of the Revised Statutes.