H-1.01, r. 1 - Tourist Accommodation Regulation

À jour au 7 juin 2023

Ce document a valeur officielle.

chapter H-1.01, r. 1

Tourist Accommodation Regulation

Tourist Accommodation Act

(chapter H-1.01, ss. 3, 5, 12, 20, 21, 22 and 27).

DIVISION I CLASSES OF TOURIST ACCOMMODATION ESTABLISHMENTS

O.C. 1252-2022, Div. I.

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

(1)  principal residence establishments: establishments that offer, following a single reservation, accommodation in the principal residence of the natural person who operates the establishment for one person or one group of related persons at a time and not including any meals served on the premises;

(2)  youth tourist accommodation establishments: establishments in which at least 30% of accommodation units consist of beds in one or more dormitories or where accommodation is mainly offered as part of activities intended primarily for underprivileged individuals or individuals who have a disability;

(3)  general tourist accommodation establishments: establishments, other than principal residence establishments and youth tourist accommodation establishments, that offer accommodation in one or more types of accommodation units.

For the purposes of subparagraph 2 of the first paragraph, a dormitory is a room that contains at least 2 beds offered for rent individually.

O.C. 1252-2022, s. 1.

DIVISION II REGISTRATION AND ACCOMMODATION OFFERING

O.C. 1252-2022, Div. II.

2. An application for the registration of a tourist accommodation establishment must be submitted in writing. It must be signed and contain

(1)  the name, civic address, email address and telephone number of the person who intends to operate the establishment and, if applicable, those of the signatory if it is a different person;

(2)  if applicable, the business number in the enterprise register referred to in Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1) of the person who intends to operate the establishment;

(3)  if applicable, the name of the establishment;

(4)  the address of the establishment and, if it is operated in part of an immovable, its location inside the immovable;

(5)  the class of the establishment and, in the case of a general tourist accommodation establishment, the type of establishment (bed and breakfast establishment, hotel, outfitting operation, tourist home, camping ground and trailer park, etc.); and

In force: 2025-09-01

(6)  if the person who intends to operate the establishment has, in the last 3 years, been found guilty of an offence under the Tourist Accommodation Act (chapter H-1.01), the Building Act (chapter B-1.1), the Act respecting the conservation and development of wildlife (chapter C-61.1), the Consumer Protection Act (chapter P-40.1), the Environment Quality Act (chapter Q-2) or a Regulation made under any of those Acts, a description of the offence.

If the application for registration is filed by a mandatary of the person who intends to operate the establishment, the following information must also be provided:

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

(2)  if applicable, the business number in the enterprise register referred to in Chapter II of the Act respecting the legal publicity of enterprises of the mandatary.

For the purposes of subparagraph 5 of the first paragraph,

“bed and breakfast establishment” means an establishment that offers accommodation in rooms in a private residence where the operator resides and makes available not more than 5 rooms that receive a maximum of 15 persons, including only a breakfast served on the premises, for a lump sum;

“outfitting operation” means an outfitting operation referred to in the Act respecting the conservation and development of wildlife;

“tourist home” means an establishment, other than a principal residence, that offers accommodation in furnished apartments, houses or cottages, including self-catering kitchen facilities.

O.C. 1252-2022, s. 2.

See transitional provision, s. 16.

3. An application for the registration of a tourist accommodation establishment must be accompanied by

(1)  the declaration of the establishment’s accommodation offering and of the related activities and other related services referred to in section 4;

(2)  if the signatory of the application is not the person who intends to operate the establishment for which the application is made, the document authorizing the signatory to file the application;

(3)  if the person who intends to operate the establishment is the owner of the establishment, a copy of the title of ownership or of the municipal or school tax account for the establishment;

(4)  if the establishment is situated in an immovable held in divided co-ownership, a copy of the provisions of the declaration of co-ownership allowing the establishment to be operated for tourist accommodation purposes or, in the absence of such provisions, the authorization of the syndicate of co-owners to that effect;

(5)  if the person who intends to operate the establishment is the lessee of the establishment, a copy of the leasing contract for the establishment allowing the operation of the establishment as a tourist accommodation establishment or, if the leasing contract has no such provisions, the authorization of the owner to that effect;

(6)  proof that the person who intends to operate the establishment holds a valid civil liability insurance policy which meets the requirements prescribed by section 8; and

(7)  outdoor and indoor photographs of the establishment corresponding, if applicable, to the photographs intended to be broadcast on a digital accommodation platform.

The documents referred to in subparagraphs 3 and 4 of the first paragraph need not be provided if the establishment is situated on lands in the domain of the State. The same applies to those referred to in subparagraphs 3 to 5 of the first paragraph if the establishment is situated on the land of an Indian reserve.

O.C. 1252-2022, s. 3.

4. The declaration of the tourist accommodation establishment’s accommodation offering and of the related activities and other related services must be submitted in writing and contain

(1)  a physical description of the establishment;

(2)  the types of accommodation units offered, the number of units for each type and, unless the application concerns a general tourist accommodation establishment corresponding to a camping ground and trailer park, the total accommodation capacity;

(3)  the facilities offered in the accommodation units;

(4)  the accessibility to individuals who have a disability;

(5)  the possibility of bringing a companion animal;

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

(7)  the various activities offered to tourists by the establishment;

(8)  the other services offered;

(9)  the tariffs for accommodation and the modes of payment accepted; and

(10)  if applicable, the address of the establishment’s website.

O.C. 1252-2022, s. 4.

DIVISION III RENEWAL OF THE REGISTRATION AND UPDATE OF THE ACCOMMODATION OFFERING

O.C. 1252-2022, Div. III.

5. Subject to the second paragraph, the operator of a tourist accommodation establishment must, within the 60 days preceding the date on which the operator’s registration ends, send the application for the renewal of the registration of the establishment, as well as a declaration of the updating of the information concerning the accommodation offering and the related activities and other related services.

The operator of a general tourist accommodation establishment must send the application and the declaration referred to in the first paragraph between 1 February and 31 March if the establishment is an outfitting operation to which the Act respecting the conservation and development of wildlife (chapter C-61.1) applies, and between 1 September and 31 October if the establishment consists of a camping ground and trailer park.

O.C. 1252-2022, s. 5.

DIVISION IV FEES PAYABLE

O.C. 1252-2022, Div. IV.

6. The fees payable for the registration of a tourist accommodation establishment are the following:

(1)  in the case of a principal residence establishment, $50;

(2)  in the case of a youth tourist accommodation establishment, $120;

(3)  in the case of a general tourist accommodation establishment, $145.

O.C. 1252-2022, s. 6.

7. The fees payable for the annual renewal of the registration of a tourist accommodation establishment are the following:

(1)  in the case of a principal residence establishment, $50;

(2)  in the case of a youth tourist accommodation establishment, $120;

(3)  in the case of a general tourist accommodation establishment, $145.

O.C. 1252-2022, s. 7.

DIVISION IV.1 REGISTRATION CERTIFICATE

S.Q. 2023, c. 16, s. 10.

7.1. The registration certificate referred to in section 6.1 of the Tourist Accommodation Act (chapter H-1.01) bears the signature of the Minister and contains the registration number, address and class of the establishment, the number of accommodation units offered for rent, the issue and expiry dates of the certificate and, if applicable, the name of the establishment.

S.Q. 2023, c. 16, s. 10.

DIVISION V OTHER CONDITIONS

O.C. 1252-2022, Div. V.

8. The operator of a tourist accommodation establishment must take out and maintain civil liability insurance for at least $2,000,000 per claim that covers bodily injury and property damage caused in the course of operation of the establishment.

The first paragraph does not apply if the establishment is operated by the Government or by one of its departments or bodies.

O.C. 1252-2022, s. 8.

9. The operator of a tourist accommodation establishment must clearly indicate the registration number and, if applicable, the name of the establishment in any advertising used to promote the establishment, and on any website, whether transactional or non-transactional, used in connection with the operation of the establishment. In the case of verbal advertising, the indication of the registration number is replaced by a mention that the establishment is registered in accordance with the Tourist Accommodation Act (chapter H-1.01).

The operator must also post, in full view of tourists at the main entrance to the establishment, a written notice indicating the registration number, the civic address and, if applicable, the name of the establishment, as well as its class.

O.C. 1252-2022, s. 9.

9.1. The person operating a digital platform must, for the purposes of the Tourist Accommodation Act (chapter H-1.01) and of this Regulation, send to the Minister and keep up to date the contact information for a representative established in Québec, including the representative’s name, official title, address, email address and telephone number.

In force: 2023-09-01

The person operating a digital platform must also obtain from any operator of a tourist accommodation establishment who disseminates an accommodation offering through the digital platform the registration certificate of the establishment and keep it for one year after its expiry date.

S.Q. 2023, c. 16, s. 12.

DIVISION VI CASES GIVING RISE TO AN APPLICATION FOR SUSPENSION OR CANCELLATION BY A MUNICIPALITY

O.C. 1252-2022, Div. VI.

10. The following cases may lead to the suspension or cancellation of the registration of a tourist accommodation establishment under section 12 of the Tourist Accommodation Act (chapter H-1.01):

(1)  the fact that the operator of the establishment has, within a 12-month period, committed and been found guilty of at least 2 offences under any municipal by-law as regards uses, nuisances, sanitation or safety in connection with the operation of the establishment;

(2)  the fact that the clients of a principal residence establishment have, within a 12-month period, committed and been found guilty of at least 2 offences under any municipal by-law as regards nuisances, sanitation or safety when using the establishment.

O.C. 1252-2022, s. 10.

DIVISION VII INFORMATION TO MUNICIPALITIES

O.C. 1252-2022, Div. VII.

11. The information relating to tourist accommodation establishments that may be communicated to a municipality under section 22 of the Tourist Accommodation Act (chapter H-1.01) includes

(1)  the name, civic address and email address of the establishment;

(2)  the class of the establishment and, in the case of a general tourist accommodation establishment, the type of establishment;

(3)  the name of the operator of the establishment;

(4)  the date of registration of the establishment; and

(5)  the types of accommodation units offered and the number of units for each type.

O.C. 1252-2022, s. 11.

12. For the purposes of section 11, a municipality must first send to the Minister

(1)  the type of information requested;

(2)  the class of the tourist accommodation establishments concerned;

(3)  unless the request concerns all of the tourist accommodation establishments situated in the municipality’s territory, the postal code of the establishments concerned; and

(4)  the intended use of the information requested.

O.C. 1252-2022, s. 12.

DIVISION VIII EXEMPTION FROM CERTAIN PROVISIONS OF THE ACT AND THE REGULATION

O.C. 1252-2022, Div. VIII.

13. A general tourist accommodation establishment operated in an outfitting operation to which the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1) applies is not subject to the Tourist Accommodation Act (chapter H-1.01).

O.C. 1252-2022, s. 13.

14. Despite the first paragraph of section 5 of the Tourist Accommodation Act (chapter H-1.01) and subparagraph 1 of the first paragraph of section 3 of this Regulation, the registration application of a principal residence establishment must not be accompanied by a declaration of its accommodation offering and of the related activities and other related services.

O.C. 1252-2022, s. 14.

DIVISION IX OFFENCES

O.C. 1252-2022, Div. IX.

15. The regulatory provision to which section 27 of the Tourist Accommodation Act (chapter H-1.01) refers is sections 8, 9 and 9.1.

O.C. 1252-2022, s. 15; S.Q. 2023, c. 16, s. 13.

DIVISION X TRANSITIONAL AND FINAL

O.C. 1252-2022, Div. X.

16. Until 1 September 2025, subparagraph 6 of the first paragraph of section 2 is to be read as follows:

“(6) if the person who intends to operate the establishment has, in the last 3 years, been found guilty of an offence under the Act respecting tourist accommodation establishments (chapter E-14.2), the Tourist Accommodation Act (chapter H-1.01), the Building Act (chapter B-1.1), the Act respecting the conservation and development of wildlife (chapter C-61.1), the Consumer Protection Act (chapter P-40.1), the Environment Quality Act (chapter Q-2) or a Regulation made under any of those Acts, a description of the offence.”.

O.C. 1252-2022, s. 16.

17. (Omitted).

O.C. 1252-2022, s. 17.

REFERENCES

O.C. 1252-2022, 2022 G.O. 2, 2477

S.Q. 2023, c. 16, ss. 10, 12 and 13