E-14.2 - Act respecting tourist accommodation establishments

Full text
chapter E-14.2
Act respecting tourist accommodation establishments
TOURIST ACCOMMODATION ESTABLISHMENTSJune 7 2000December 1 2001
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.
1987, c. 12, s. 1; 1993, c. 22, s. 1; 2000, c. 10, s. 2.
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 (Repealed).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 (Repealed).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 (Repealed).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. Every person operating a tourist accommodation establishment is required to hold a classification certificate for the establishment.
For that purpose, the person must file with the Minister, according to the conditions prescribed by regulation of the Government, an application for a classification certificate or for the renewal of a classification certificate, accompanied by the document confirming the classification of the establishment.
1987, c. 12, s. 6; 2000, c. 10, s. 4.
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. Classification certificates, the form of which is determined by regulation of the Government, shall be issued by the Minister.
1987, c. 12, s. 8; 1991, c. 49, s. 4; 2000, c. 10, s. 6.
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.
1987, c. 12, s. 9; 2000, c. 10, s. 7.
10. Rights conferred by a classification certificate cannot be validly transferred to another person.
1987, c. 12, s. 10; 2000, c. 10, s. 21.
§ 2.  — Suspension, refusal or cancellation of permit
11. The Minister may refuse to issue a classification certificate if
(1)  the person applying for the classification certificate does not meet the conditions prescribed by this Act and the regulations;
(2)  the person applying for the classification certificate 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) or the Consumer Protection Act (chapter P-40.1), 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; 2000, c. 10, s. 8, s. 21.
11.1. The Minister may suspend, cancel or refuse to renew a classification certificate if
(1)  the classification certificate holder no longer meets the conditions prescribed by this Act and the regulations;
(2)  the classification certificate holder has, during the term of his classification certificate, 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) or the Consumer Protection Act (chapter P-40.1), unless he has been pardoned.
1993, c. 22, s. 3; 2000, c. 26, s. 63; 2000, c. 10, s. 9, s. 21.
12. The Minister, before refusing to issue a classification certificate or suspending, cancelling or refusing to renew 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.
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 of classification certificates to any person the Minister designates.
2000, c. 10, s. 10.
§ 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 classification certificate application has been refused;
(2)  any person whose classification certificate 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; 2000, c. 10, s. 21.
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 shall be kept posted conspicuously in such places as are determined by regulation of the Government. The same applies as regards accommodation rates.
1987, c. 12, s. 30; 2000, c. 10, s. 13.
31. No person may demand a higher price from a customer than the posted price.
1987, c. 12, s. 31.
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 information office. 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.
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 accommodation 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; 2000, c. 10, s. 20.
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. 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)  (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.
37. Every person 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, 30 or 31, of the first paragraph of section 34, of section 35 or of any regulation prescribed by the Government,
(6)  (paragraph repealed),
is guilty of an offence.
1987, c. 12, s. 37; 2000, c. 10, s. 16, s. 21.
38. Every person who operates or purports to operate a tourist accommodation establishment without holding a classification certificate issued under this Act is guilty of an offence.
Every person who contravenes a provision of the first paragraph or of section 32 is guilty of an offence and is liable, for each day or part of a day during which the offence continues, to a fine of $750 to $2,250, and, in the case of a second or subsequent conviction, to a fine of $2,250 to $6,750.
1987, c. 12, s. 38; 1990, c. 4, s. 943; 1991, c. 49, s. 12; 2000, c. 10, s. 17.
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. (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 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.