e-14.2, r. 1 - Regulation respecting tourist accommodation establishments

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter E-14.2, r. 1

Regulation respecting tourist accommodation establishments

Act respecting tourist accommodation establishments

(chapter E-14.2, ss. 6 to 9, 30, 32, 36, par. 16 and s. 37, par. 5).

DIVISION I DEFINITIONS

1. Any establishment operated by a person who offers for rent to tourists, in return for payment, at least one accommodation unit for periods not exceeding 31 days is a tourist accommodation establishment. Accommodation units rented on an occasional basis are not included in the above definition.

A group of movables and immovables, adjacent or grouped together, having accessories or dependencies in common, may constitute one establishment provided that the movables and immovables that form the establishment are operated by only one person and are part of the same class of tourist accommodation establishments.

O.C. 1111-2001, s. 1; O.C. 1045-2010, s. 1.

2. The expression “accommodation unit” means a room, a bed, a suite, an apartment, a house, a cottage, a camp, a framed tent square, a wigwam, a short-lived facility or a camp site.

O.C. 1111-2001, s. 2; O.C. 1045-2010, s. 2.

3. A cottage is a building with one or more rooms separated from the kitchen.

O.C. 1111-2001, s. 3.

4. A camp is a building with only one room.

O.C. 1111-2001, s. 4; O.C. 1045-2010, s. 3.

5. A framed tent square is an installation equipped with a floor and fixed half-walls.

O.C. 1111-2001, s. 5.

6. A wigwam is an installation whose cone- or dome-shaped walls are attached to supports.

O.C. 1111-2001, s. 6.

DIVISION II CLASSES OF TOURIST ACCOMMODATION ESTABLISHMENTS

7. The classes of tourist accommodation establishments are the following:

(1)  hotel establishments: establishments that offer accommodation in furnished rooms, suites or apartments that have kitchen facilities, including hotel services;

(2)  tourist homes: establishments that offer accommodation in furnished apartments, houses or cottages, including kitchen facilities;

(3)  rugged furnished lodgings: establishments that offer accommodation in furnished camps, framed tent squares, wigwams or short-lived facilities;

(4)  resorts: establishments that offer, for an all-inclusive price, accommodation, including food services or kitchen facilities, recreational or entertainment services, and recreational facilities and equipment;

(5)  bed and breakfast establishments: establishments that offer, for an all-inclusive price, accommodation in rooms in a private residence where the operator resides and rents a maximum of 5 rooms receiving a maximum of 15 persons, including breakfast served on the premises;

(6)  hospitality villages: establishments that offer, for an all-inclusive price, accommodation in rooms in a group of private residences where each of the hosts receives a maximum of 6 persons, including an accompaniment service during all the stay, reception or entertainment services, breakfast and the noon or evening meal;

(7)  youth hostels: establishments that offer accommodation in rooms, or in beds in one or more dormitories, including food services or kitchen facilities and full-time supervision;

(8)  educational establishments: establishments that offer accommodation in an educational institution, governed by whichever Act, except if the accommodation units are rented to students of the institution only;

(9)  camping establishments: establishments that offer accommodation on camp sites composed of permanent sites to accommodate tents or recreational camping vehicles, motorized or not, including services;

(10)  outfitting establishments: establishments that offer accommodation in an outfitting operation within the meaning of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1);

(11)  other accommodation establishments: tourist accommodation establishments that belong to none of the other classes.

O.C. 1111-2001, s. 7; O.C. 1045-2010, s. 4.

DIVISION III CLASSES OF TOURIST ACCOMMODATION ESTABLISHMENTS NOT SUBJECT TO CERTAIN PROVISIONS OF THE ACT

8. Persons operating a tourist accommodation establishment of one of the following classes are not subject to the requirement to hold the classification certificate provided for in section 6 of the Act respecting tourist accommodation establishments (chapter E-14.2):

(1)  rugged furnished lodgings;

(2)  outfitting establishments, if accommodation is offered in an outfitting operation to which the Act respecting hunting and fishing rights in the James Bay and New Québec territories applies (chapter D-13.1).

O.C. 1111-2001, s. 8; O.C. 1045-2010, s. 5.

9. (Revoked).

O.C. 1111-2001, s. 9; O.C. 1045-2010, s. 6.

DIVISION IV APPLICATION FOR A CLASSIFICATION CERTIFICATE

10. An application for a classification certificate must be submitted in writing to the Minister. It must be signed by the person who is submitting it and must contain the following information:

(1)  the name, address and telephone number of the person who operates the tourist accommodation establishment for which the application is made and, if applicable, the name, address and telephone number of the person’s representative;

(2)  if applicable, the tourist accommodation establishment’s operator’s business number in the enterprise register instituted by the Act respecting the legal publicity of enterprises (chapter P-44.1);

(3)  the name of the tourist accommodation establishment that will appear on the classification certificate;

(4)  the address of the establishment or its geographical location or, in the case of a group, the address or geographical location of the main immovable or movable, and of each of the other immovables and movables constituting the group;

(5)  the class of tourist accommodation establishment for which the application is made;

(6)  in the case of a group, a description of the accessories or dependencies common to the immovables and movables constituting the group;

(7)  the types of accommodation units offered and the maximum number of units for each type and, where applicable, for each immovable and movable constituting the group;

(8)  the period of operation of the establishment over a 12-month period; and

(9)  a description of the services offered.

O.C. 1111-2001, s. 10; O.C. 1045-2010, s. 7.

10.1. The application must also be accompanied by the following documents:

(1)  if applicable, a document authorizing the representative of the person who operates the tourist accommodation establishment for which the application is made to submit the application;

(2)  if the person who operates the establishment is the owner of the establishment, a copy of the title of ownership or of the municipal tax account for the establishment or, if the person is a lessee, a copy of the leasing contract for the establishment and, in the case of a group, a copy of those documents for each of the immovables and movables forming the group;

(3)  proof of civil liability insurance taken out according to the requirements under section 11.1;

(4)  a certificate from the clerk, secretary-treasurer, secretary or any other officer designated for that purpose by a resolution of the council of a local municipality, of a borough or, in the case of a tourist accommodation establishment located in an unorganized territory, of a regional county municipality, attesting that the establishment violates no municipal urban planning by-law regarding uses adopted under the Act respecting land use planning and development (chapter A-19.1); and

(5)  for the class “outfitting establishment”, a copy of the outfitter’s licence.

The documents referred to in subparagraphs 2 and 4 need not be provided if the establishment is located on lands in the domain of the State or in an Indian reserve.

O.C. 1045-2010, s. 7.

10.2. If the application is made by a mandatary of the person who operates the tourist accommodation establishment for which the application is made, the following information and documents must also be included:

(1)  the name, address and telephone number of the mandatary and, if applicable, of the mandatary’s representative;

(2)  if applicable, the mandatary’s business number in the enterprise register instituted by the Act respecting the legal publicity of enterprises (chapter P-44.1); and

(3)  a document, from the person who operates the establishment, authorizing the mandatary to submit the application for the person and, if applicable, a copy of the contract of mandate.

O.C. 1045-2010, s. 7.

10.3. An application for a classification certificate is subject to the payable fees, determined under section 7 of the Act respecting tourist accommodation establishments (chapter E-14.2)

O.C. 1045-2010, s. 7.

10.4. A provisional classification certificate may be issued upon receipt of all the information and documents required by sections 10, 10.1 and 10.2 and of the costs payable for such a certificate.

O.C. 1045-2010, s. 7.

11. Any new application must be made 2 months before the expiry date of the classification certificate.

If no change is made to the information and documents already produced under sections 10, 10.1 and 102, the information and documents need not be produced again, except the documents required by subparagraphs 3 and 5 of section 10.1.

In the case of a change to the information already produced under paragraphs 5 and 7 of section 10, the certificate referred to in subparagraph 4 of section 10.1 must be produced again.

O.C. 1111-2001, s. 11; O.C. 1045-2010, s. 8.

11.1. The holder of a classification certificate must, during all the term of the certificate, be covered by civil liability insurance for at least $2,000,000 per claim to cover the risks associated with the operation of a tourist accommodation establishment, except if the operator is the Government or a public body.

O.C. 1045-2010, s. 8.

11.2. The holder of a classification certificate that is not a natural person must inform the Minister of any event bringing a change in its control.

O.C. 1045-2010, s. 8.

DIVISION V CLASSIFICATION CERTIFICATE

12. The classification certificate shall take the form of a sign indicating the name of the accommodation establishment, its class and the results of the classification.

The provisional classification certificate takes the form of a written notice specifying the name of the accommodation establishment, its class and the expiry date.

In the case of an outfitting establishment, the sign or notice also indicates the name of the holder of the outfitter’s licence.

O.C. 1111-2001, s. 12; O.C. 1045-2010, s. 9.

DIVISION VI TERM OF CERTAIN CLASSIFICATION CERTIFICATES

13. For the classes “educational establishments” and “outfitting establishments”, the Minister may fix, for a classification certificate, a term other than the term determined under the first paragraph of section 9 of the Act respecting tourist accommodation establishments (chapter E-14.2).

O.C. 1111-2001, s. 13; O.C. 1045-2010, s. 10.

13.1. Where a classification certificate expires or must be modified, it must be destroyed or returned to the Minister, at the holder’s expense, and no copy of the certificate must be kept.

O.C. 1045-2010, s. 10.

DIVISION VII POSTING

14. The sign attesting to the classification of a tourist accommodation establishment shall be conspicuously posted at the main entrance of the establishment or, in the case of a group of movables or immovables, in the location used to welcome or register tourists.

O.C. 1111-2001, s. 14; O.C. 1045-2010, s. 11.

15. (Revoked).

O.C. 1111-2001, s. 15; O.C. 1045-2010, s. 12.

16. Any sign or poster bearing the expression “tourist information” or the pictograms “?” or “I” shall be posted in a conspicuous place outside the tourist welcome and information site.

O.C. 1111-2001, s. 16; O.C. 1045-2010, s. 13.

DIVISION VII.I OFFENCES

O.C. 1045-2010, s. 14.

16.1. Every person who contravenes any provision of section 11.1, 11.2, 13.1, 14 or 16 is guilty of an offence.

O.C. 1045-2010, s. 14.

DIVISION VIII COMING INTO FORCE

17. This Regulation replaces the Regulation respecting tourist establishments (O.C. 747-91, 91-05-29).

O.C. 1111-2001, s. 17.

18. (Omitted).

O.C. 1111-2001, s. 18.

TRANSITIONAL

2010

(O.C. 1045-2010) SECTION 15. Evaluation attestations for the class and category of the lodging units of an outfitting operation that are already issued on 1 January 2011 under the Act respecting the conservation and development of wildlife (chapter C-61.1) are considered to be classification certificates issued for establishments of the class “outfitting establishments” under the Regulation respecting tourist accommodation establishments (chapter E-14.2, r. 1).

SECTION 16. The holder of a classification certificate has 2 months from 1 January 2011 to comply with the provisions of section 11.1 of the Regulation respecting tourist accommodation establishments.

REFERENCES

O.C. 1111-2001, 2001 G.O. 2, 5568

O.C. 1045-2010, 2010 G.O. 2, 3855

S.Q. 2010, c. 7, s. 282

S.Q. 2010, c. 40, s. 92