E-14.2 - Act respecting tourist accommodation establishments

À jour au 15 avril 2016

Ce document a valeur officielle.

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.

In this Act, unless the context indicates otherwise, “tourist” means a person who takes a leisure or business trip, or a trip to carry out remunerated work, of not less than one night nor more than one year outside the municipality where the person’s place of residence is located and who uses private or commercial accommodation services.

1987, c. 12, s. 1; 1993, c. 22, s. 1; 2000, c. 10, s. 2; 2015, c. 31, s. 1.

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 (Repealed).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 (Repealed).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 (Repealed).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. The operation of a tourist accommodation establishment is subject to the issue of a classification certificate.

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

The person applying for the classification certificate is required to inform the Minister of any offence referred to in section 11.0.1 of which the person has been found guilty or for which the person has been the subject of a non-compliance order.

1987, c. 12, s. 6; 2000, c. 10, s. 4; 2009, c. 22, s. 1; 2015, c. 31, s. 2.

6.1. On receiving an application for a classification certificate for a tourist accommodation establishment for which no certificate has been issued or an application to change the class of tourist accommodation establishment or the type or number of accommodation units offered, the Minister shall send a notice to the municipality, borough or regional county municipality in whose territory the establishment is situated informing it of the application and the intended use.

If the intended use is not in conformity with the municipal planning by-laws relating to uses passed under the Act respecting land use planning and development (chapter A‑19.1), the municipality, borough or regional county municipality must inform the Minister within 45 days of the notice.

This section does not apply to an establishment situated on an Indian reserve.

2015, c. 31, s. 3.

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 the operation of 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; 2015, c. 31, s. 4.

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 shall refuse to issue a classification certificate if the person applying for it does not meet the conditions prescribed by this Act and the regulations.

The Minister shall also refuse to issue a classification certificate if the municipality, borough or regional county municipality informs the Minister, in accordance with section 6.1, that the intended use of the tourist accommodation establishment is not in conformity with the municipal planning by-laws relating to uses passed under the Act respecting land use planning and development (chapter A‑19.1).

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; 2015, c. 31, s. 5.

11.0.1. The Minister may refuse to issue a classification certificate if the person applying for it has, in the last three years, been found guilty of an offence under this Act or the regulations, the Building Act (chapter B‑1.1) as regards barrier-free design, 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 the person has been pardoned or has, in the last three years, been the subject of a non-compliance order made under any of those Acts.

2015, c. 31, s. 6.

11.1. The Minister shall suspend or cancel a classification certificate if its holder no longer meets the conditions prescribed by this Act and the regulations.

1993, c. 22, s. 3; 2000, c. 26, s. 63; 2000, c. 10, s. 9, s. 21; 2009, c. 22, s. 7; 2015, c. 31, s. 7.

11.2. The Minister may suspend or cancel a classification certificate if its holder has, during the term of the classification certificate, been found guilty of an offence under this Act or the regulations, the Building Act (chapter B‑1.1) as regards barrier-free design, a municipal planning by-law relating to uses passed under the Act respecting land use planning and development (chapter A‑19.1), 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 the holder has been pardoned or has, during the term of the classification certificate, been the subject of a non-compliance order made under any of those Acts.

The classification certificate holder is required to inform the Minister without delay of any offence referred to in the first paragraph of which the holder has been found guilty or for which the holder has been the subject of a noncompliance order.

2015, c. 31, 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, suspension or cancellation of classification certificates to any person the Minister designates.

2000, c. 10, s. 10; 2015, c. 31, s. 8.

§ 3 . — Proceeding before the Administrative Tribunal of Québec

1997, c. 43, s. 233.

15. A decision refusing to issue, suspending or cancelling a classification certificate may, within 30 days of its notification, be contested before the Administrative Tribunal of Québec.

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; 2015, c. 31, 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 or the provisional classification certificate, as applicable, 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; 2015, c. 31, 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

32.2. The inspectors responsible for the enforcement of this Act and the regulations are designated by the Minister.

The Minister may also enter into a written agreement with a person regarding the carrying out of an inspection program for the enforcement of this Act and the regulations. Such an agreement must provide for the method of implementing the program.

2015, c. 31, s. 11.

33. An inspector may, in performing the inspector’s duties,

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

(2)  take photographs of the premises and equipment;

(3)  require any document or information relating to the enforcement of this Act and the regulations.

1987, c. 12, s. 33; 2000, c. 10, s. 20; 2015, c. 31, s. 12.

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. (Repealed).

1987, c. 12, s. 35; 2015, c. 31, s. 13.

35.1. An inspector may not be prosecuted for an act done in good faith in the performance of the inspector’s duties.

2015, c. 31, s. 14.

DIVISION IV.1 INVESTIGATION

2015, c. 31, s. 14.

35.2. The Minister may investigate or direct a person the Minister designates to investigate any matter relating to the enforcement of this Act or the regulations.

2015, c. 31, s. 14.

35.3. An investigator may not be prosecuted for an act done in good faith in the performance of the investigator’s duties.

2015, c. 31, s. 14.

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.

36.1. Anyone who fails to provide information or a document required by this Act or the regulations is guilty of an offence and is liable to a fine of $500 to $5,000 in the case of a natural person and $1,000 to $10,000 in other cases.

2015, c. 31, s. 15.

36.2. Anyone who contravenes section 30 or a regulatory provision determined by the Government is guilty of an offence and is liable to a fine of $1,000 to $10,000 in the case of a natural person and $2,000 to $20,000 in other cases.

2015, c. 31, s. 15.

37. Anyone 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 32 or of the first paragraph of section 34;

(6)  (paragraph repealed);

(7)   in any way hinders an inspector or investigator in the performance of their duties, misleads the inspector or investigator by concealment or misrepresentation, or refuses to provide information or a document the inspector or investigator is entitled to obtain under this Act or the regulations; or

(8)   operates or purports to operate a tourist accommodation establishment without a classification certificate having been issued in accordance with this Act,

is guilty of an offence and is liable to a fine of $2,500 to $25,000 in the case of a natural person and $5,000 to $50,000 in other cases.

1987, c. 12, s. 37; 2000, c. 10, s. 16, s. 21; 2009, c. 22, s. 14; 2015, c. 31, s. 16.

38. Anyone who operates or purports to operate a tourist accommodation establishment for which the issue of a classification certificate has been refused or whose classification certificate has been suspended or cancelled is guilty of an offence and is liable to a fine of $5,000 to $50,000 in the case of a natural person and $10,000 to $100,000 in other cases.

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; 2015, c. 31, s. 17.

39. The minimum and maximum fines prescribed by this Act are doubled for a second offence and tripled for a subsequent offence.

1987, c. 12, s. 39; 1990, c. 4, s. 944; 1991, c. 49, s. 13; 2009, c. 22, s. 16; 2015, c. 31, s. 17.

40. If an offence under this Act or the regulations is committed by a director or officer of a legal person, partnership or association without legal personality, the minimum and maximum fines are those prescribed for a legal person for that offence.

1987, c. 12, s. 40; 2015, c. 31, s. 17.

41. Anyone who, by an act or omission, helps or, by encouragement, advice, consent, authorization or order, induces a person to commit an offence under this Act or the regulations is guilty of an offence and is liable to the same penalty as that prescribed for the offence they helped or induced the person to commit.

1987, c. 12, s. 41; 2015, c. 31, s. 17.

41.1. In any penal proceedings relating to an offence under this Act or the regulations, proof that the offence was committed in an immovable owned by the defendant is sufficient to establish that it was committed by the defendant, unless the defendant establishes that they exercised due diligence, taking all necessary precautions to prevent the offence.

2015, c. 31, s. 17.

41.2. In any penal proceedings relating to an offence under this Act or the regulations, proof that the offence was committed by a mandatary or employee of any party that is subject to this Act is sufficient to establish that it was committed by that party, unless the party establishes that it exercised due diligence, taking all necessary precautions to prevent the offence.

2015, c. 31, s. 17.

41.3. If a legal person or an agent, mandatary or employee of a legal person, partnership or association without legal personality commits an offence under this Act or the regulations, the directors or officers of the legal person, partnership or association are presumed to have committed the offence unless it is established that they exercised due diligence, taking all necessary precautions to prevent the offence.

For the purposes of this section, in the case of a partnership, all partners, except special partners, are deemed to be directors of the partnership unless there is evidence to the contrary appointing one or more of them, or a third person, to manage the affairs of the partnership.

2015, c. 31, s. 17.

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.