E-14.2 - Act respecting tourist accommodation establishments

À jour au 16 juin 2000

Ce document a valeur officielle.

chapter E-15.1

Tourist Establishments Act

DIVISION I SCOPE

1. This Act applies to tourist establishments offering to the public, in return for payment, sleeping accommodations, restaurant service or camping sites.

For the purposes of this Act, a tourist information office whose main activity is to offer information to the public on sleeping accommodations, restaurants, camping sites or tourist attractions in Québec is deemed a tourist establishment.

1987, c. 12, s. 1; 1993, c. 22, s. 1.

2. Only subparagraphs 9, 13 and 15 of section 36, paragraphs 1, 2 and 6 of section 37 and sections 39 to 42 of this Act apply to an outfitting operation within the meaning of the Act respecting the conservation and development of wildlife (chapter C-61.1) and the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1).

1987, c. 12, s. 2.

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 PERMITS

§ 1 . — Application for and issue of permits

4. No person may operate a tourist establishment or lead to believe that he operates such an establishment unless he holds a permit to that effect.

1987, c. 12, s. 4.

5. Only a non-profit legal person, an intermunicipal board, an urban community empowered to promote tourism or a municipality other than a regional county municipality may hold a permit to operate a tourist information office.

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

6. A person wishing to obtain or renew a permit is required to make a written application to the Minister according to the rules prescribed by regulation.

If the application is made by a legal person, it shall be submitted by a duly mandated director or officer.

The person shall also produce with his application for a permit a statement of rents for sleeping accommodations or camping sites, as the case may be.

The person may amend the statement provided he notifies the Minister in writing and pays the duties prescribed by regulation.

1987, c. 12, s. 6.

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 costs 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 classes of establishments from certain provisions of this Act.

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

8. The Minister shall issue or renew a permit if the duties and fies prescribed by regulation are paid and if the other conditions prescribed by this Act and the regulations are fulfilled.

1987, c. 12, s. 8; 1991, c. 49, s. 4.

9. The term of a permit is twelve months. The Minister may, nevertheless, fix a shorter term in the cases prescribed by regulation.

1987, c. 12, s. 9.

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

1987, c. 12, s. 10.

§ 2 . — Suspension, refusal or cancellation of permit

11. The Minister may refuse to issue a permit if

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

(2)  the person applying for the permit 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), the Food Products Act (chapter P‐29), 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.

11.1. The Minister may suspend, cancel or refuse to renew a permit if

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

(2)  the permit holder has, during the term of his permit, 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), the Food Products Act (chapter P‐29), unless he has been pardoned.

1993, c. 22, s. 3; 2000, c. 26, s. 63.

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

1987, c. 12, s. 12; 1997, c. 43, s. 232.

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 permit has effect from the date of receipt of the decision of the Minister by the holder.

1987, c. 12, s. 14.

§ 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 permit application has been refused;

(2)  any person whose permit has been suspended, cancelled or not renewed;

(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.

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 CLASSIFICATION AND POSTING

22. The Minister may determine classes and subclasses of tourist establishments according to the rules prescribed by regulation.

1987, c. 12, s. 22.

23. In each class and subclass of tourist establishments, the Minister may classify tourist establishments according to the rules prescribed by regulation.

1987, c. 12, s. 23.

24. Every permit holder whose tourist establishment has been classified under this Act shall post the classification, according to the rules prescribed by regulation, in a conspicuous place outside the establishment.

The permit holder, when using or posting the classification, shall use or post it without any alteration.

1987, c. 12, s. 24.

25. Every permit holder whose tourist establishment has been classified under this Act and who is dissatisfied with the classification may apply to the Minister for review of the decision.

1987, c. 12, s. 25.

26. The application for review of the classification of a tourist establishment must be presented to the Minister within 30 days of the date of classification.

1987, c. 12, s. 26.

27. Before deciding the application, the Minister shall allow the interested person to present observations.

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

28. When reviewing a decision, the Minister may confirm or amend it.

1987, c. 12, s. 28.

29. Decisions of the Minister made under sections 27 and 28 are final and without appeal.

1987, c. 12, s. 29.

30. Every person holding a permit to operate a tourist establishment shall post the permit permanently in a conspicuous place in the establishment.

The permit holder shall also post the rents for sleeping accommodations or camping sites, the exchange rates on foreign currency offered by the tourist establishment and the price of meals offered to customers, according to the rules prescribed by regulation.

1987, c. 12, s. 30.

31. No person may demand a higher price from a customer than the posted price.

1987, c. 12, s. 31.

32. No person other than the holder of a permit to operate a tourist information office may display a sign or poster bearing the expression “tourist information” or any other expression or pictogram prescribed by regulation indicating or suggesting that the office is a tourist information office.

1987, c. 12, s. 32.

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 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.

34. The owner or the person in charge of a tourist 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.

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)  prescribe the standards of classification and subclassification of tourist establishments, and designations of classes and subclasses;

(2)  prescribe classes and subclasses of tourist establishments that are not subject to this Act or to some of its provisions and determine the cases where this Act is not binding on the Government and government departments and agencies;

(3)  prescribe rules for classifying tourist establishments, and determine cases in which a classification may be changed or withdrawn;

(4)  prescribe the qualifications of applicants for a permit or for the renewal of a permit according to the classes and subclasses of tourist establishments;

(5)  prescribe the form and tenor of the written application to be produced by an applicant for a permit or for the renewal of a permit, according to the classes and subclasses of tourist establishments;

(6)  determine, as the case may be, attestations to be produced by a person applying for a permit or for the renewal of a permit and the circumstances under which they may be exigible, according to the classes and subclasses of tourist establishments;

(7)  prescribe the form and tenor of the statement of rents for sleeping accommodations or camping sites to be produced by an applicant for a permit or the renewal of a permit and determine the duties payable for any amendment to the statement of rents;

(8)  determine the form and tenor of a permit according to the classes and subclasses of tourist establishments, and the cases where a permit may be issued for a period of less than twelve months;

(8.1)  determine the duties payable for the issue or renewal of a permit according to the classes and subclasses of tourist establishments, the number of sleeping-accommodation units or camping sites and the period for which a permit is valid;

(8.2)  prescribe, according to the classes and subclasses of tourist establishments, non-refundable fees payable for the classification of a tourist establishment, the examination of an application for a permit, the supply and replacement of the material necessary for posting the classification of a tourist establishment and the rates fixed for sleeping-accommodations or camping sites as well as the charge payable in relation to a cheque without sufficient funds or a cheque returned by a financial institution for any other reason;

(9)  prescribe accommodation standards relating to safety, hygiene, lodging and food for each class and subclass of tourist establishment;

(10)  prescribe the minimum services to be offered to customers for each class and subclass of tourist establishment;

(11)  prescribe the form and tenor of the registers to be kept in each class and subclass of tourist establishment and determine the period for which the registers are to be kept;

(12)  prescribe rules on the posting of permits, classification, exchange rates on foreign currency and prices charged to customers for meals or for renting sleeping accommodations or camping sites, as the case may be, for each class and subclass of tourist establishment;

(13)  except to the extent provided by written agreement between the parties, prescribe, according to the classes and subclasses of tourist establishments, rules for the reservation of sleeping accommodations or camping sites, the deposits or guarantees that may be required of customers, the duties and obligations resulting from reservations, the conditions on which the operator of an establishment may retain such deposits or execute such guarantees and the rules applicable when a customer leaves an establishment before the end of his projected stay;

(13.1)  define, for the categories and subcategories of tourist information offices, regions or zones and establish rules to allow determination of the maximum number of permits that may be issued and the standards of operation of such offices;

(14)  prescribe the form and tenor of the signs and pictograms posted outside a tourist information office and determine rules on the posting of the signs and pictograms;

(15)  prescribe which regulations under this section carry a penalty under paragraphs 5 and 6 of section 37 for any contravention;

(16)  define the expression “tourist establishment”.

The accommodation standards adopted under subparagraph 9 of the first paragraph which apply to an outfitting operation shall be prepared in cooperation with the Minister responsible for the administration of the Act respecting the conservation and development of wildlife (chapter C-61.1).

The standards adopted under subparagraphs 1, 2, 4, 5, 6, 8, 8.1, 8.2, 12 and 15 of the first paragraph which apply to a permit for the operation of a restaurant establishment shall be established jointly with the Minister of Agriculture, Fisheries and Food.

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

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 an attestation 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 permit issued under this Act or a sign or poster required by this Act;

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

(5)  contravenes any provision of section 10, 24, 30 or 31, of the first paragraph of section 34, of section 35 or of any regulation prescribed under section 36 of this Act; or,

(6)  carries on an outfitting operation and contravenes any regulation prescribed under subparagraphs 9 and 15 of section 36 of this Act,

is guilty of an offence.

1987, c. 12, s. 37.

38. Every person who contravenes a provision of section 4 or 32 is guilty of an offence and liable, for each day or part of day during which the offence continues, to a fine of $625 to $2 450 and, in the case of a second or subsequent conviction, to a fine of $2 450 to $4 875.

1987, c. 12, s. 38; 1990, c. 4, s. 943; 1991, c. 49, s. 12.

39. Every person who contravenes 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.

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. Regulations made under a provision replaced by this Act shall remain in force to the extent that they are consistent with this Act until they are amended, replaced or repealed by regulations made under this Act.

1987, c. 12, s. 44.

45. Every permit issued under the Hotels Act (chapter H-3) and in force on 27 June 1991 shall remain valid until the date prescribed for its expiry.

1987, c. 12, s. 45.

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.

However, the Minister of Agriculture, Fisheries and Food is responsible for the administration of section 4, the first and second paragraphs of section 6, sections 7 to 21, the first paragraph of section 30, sections 33 to 35, sections 37 to 41 and for the administration of the regulatory provisions relating to the said legislative provisions, where such legislative and regulatory provisions apply to a permit for the operation of a restaurant establishment.

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

The Minister for Tourism, Recreation and Sport exercises, under the authority of the Minister of Industry and Trade and Minister responsible for Recreation and Sport, the functions with respect to the administration of this Act. Order in Council 224-2001 dated 8 March 2001; Order in Council 234-2001 dated 8 March 2001; Order in Council 242-2001 dated 14 March 2001. (2001) 133 G.O. 2 (French), 1790, 1794, 2275.

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 12 of the statutes of 1987, in force on 1 September 1991, is repealed, except section 56, effective from the coming into force of chapter E-15.1 of the Revised Statutes.