M-31.2 - Act respecting the Ministère du Tourisme

Updated to 20 February 2024

This document has official status.

chapter M-31.2

Act respecting the Ministère du Tourisme

CHAPTER I MINISTER’S RESPONSIBILITIES

1. The Ministère du Tourisme is under the direction of the Minister of Tourism appointed under the Executive Power Act (chapter E-18).

2005, c. 37, s. 1.

2. The mission of the Minister is to support tourism development and promotion in Québec by fostering concerted action and partnerships between the various stakeholders in that development and promotion, with a view to job creation, economic prosperity and sustainable development.

2005, c. 37, s. 2.

3. The Minister is to develop guidelines, policies and strategies in the areas under the Minister’s authority and propose them to the Government.

The Minister is to coordinate the implementation of those guidelines, policies and strategies and follow them up.

2005, c. 37, s. 3; 2015, c. 31, s. 18.

4. The functions of the Minister are, more particularly,

(1)  to promote Québec as a tourist destination and further the development and marketing of its tourism products and experiences;

(2)  to frame and implement development strategies and assistance programs, if necessary in collaboration with the public and private stakeholders concerned;

(3)  to foster the consolidation and diversification of the tourism supply;

(4)  to support efforts to improve the quality of tourism products and services;

(5)  to ensure and oversee the provision of tourist information, reservation and hospitality services;

(6)  to ensure the development and management of tourism infrastructures;

(7)  to foster access, for all clienteles, to territories, products and services;

(8)  to participate, with the government departments concerned and within the scope of the policy on Canadian intergovernmental affairs and the policy on international affairs, in establishing relations and implementing cooperation agreements and programs with parties outside Québec, in sectors in which exchanges encourage the export of Québec’s tourism expertise and the development of its tourism industry;

(9)  to advise the Government and government departments and bodies and make recommendations, where appropriate; and

(10)  to guide, plan and coordinate strategic knowledge development with respect to tourism.

2005, c. 37, s. 4; 2015, c. 31, s. 19.

5. In the exercise of ministerial responsibilities, the Minister may

(1)  obtain from government departments and bodies the information needed to formulate guidelines, policies and strategies and follow them up;

(2)  enter into agreements with a person, association, partnership or body;

(3)  subject to the applicable legislative provisions, enter into agreements with a government other than the Gouvernement du Québec, with a department or body of that government, or with an international organization or one of its agencies;

(4)  conduct or commission research, studies and analyses and make the findings public; and

(5)  administer, develop and operate tourism services, and manage immovables for that purpose.

2005, c. 37, s. 5; 2015, c. 31, s. 20.

5.1. Only a government department, a government agency referred to in the first paragraph of section 4 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), a municipal body referred to in section 5 of that Act and a non-profit body, holders of an accreditation from the Minister with regard to the tourist information services that they provide, may use a sign or poster containing the words “tourist information” or any other word determined by regulation, indicating or implying the presence of a tourist information and welcome site and, if applicable, include the pictogram “?” or “I”.

The Minister establishes the applicable terms for obtaining an accreditation.

2021, c. 30, s. 41.

5.2. The Minister may suspend or cancel an accreditation granted in accordance with section 5.1 if the holder, with regard to the tourist information services that the holder provides, no longer meets the applicable conditions. Sections 13 to 15 and 17 of the Tourist Accommodation Act (chapter H-1.01) apply to the decision, with the necessary modifications.

2021, c. 30, s. 41.

5.3. Anyone who contravenes section 5.1 commits 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 all other cases.

2021, c. 30, s. 41.

6. The Minister may take all appropriate measures in the pursuit of the Minister’s mission. In particular, the Minister is to provide persons, businesses and bodies with the services the Minister judges necessary for the development of tourism in Québec. Subject to the conditions determined by the Minister under government guidelines, policies and strategies and, in certain cases, subject to the authorization of the Government, the Minister is also to provide financial and technical support for the realization of actions or projects.

The Minister may recognize such community bodies as are necessary for the pursuit of the Minister’s mission.

2005, c. 37, s. 6; 2015, c. 31, s. 21.

6.1. The Minister may entrust the functions described in section 4 to a recognized body. The Minister may also entrust the functions described in paragraph 1 of section 4 to a group of recognized bodies.

The group must be constituted as a non-profit legal person whose members are the bodies recognized under the second paragraph of section 6.

2015, c. 31, s. 22.

7. The Minister may, under a partnership initiative where appropriate, provide a person, enterprise or body with goods or services in or outside Québec, whether for remuneration or not, in areas under the Minister’s authority.

2005, c. 37, s. 7.

8. The Minister is also responsible for the administration of the Acts assigned to the Minister, and assumes any other responsibility conferred on the Minister by the Government.

2005, c. 37, s. 8.

CHAPTER II ORGANIZATION OF THE DEPARTMENT

9. The Government appoints a Deputy Minister of Tourism in accordance with the Public Service Act (chapter F‐3.1.1).

2005, c. 37, s. 9.

10. The Deputy Minister administers the department under the direction of the Minister.

In addition, the Deputy Minister exercises any other function assigned by the Government or the Minister.

2005, c. 37, s. 10.

11. In the exercise of deputy-ministerial functions, the Deputy Minister has the authority of the Minister.

2005, c. 37, s. 11.

12. The Deputy Minister may, in writing and to the extent specified, delegate the exercise of deputy-ministerial functions under this Act to a public servant or office holder.

In the instrument of delegation, the Deputy Minister may authorize the subdelegation of the specified functions and, in that case, identifies the public servant or office holder to whom the functions may be subdelegated.

2005, c. 37, s. 12.

13. The personnel of the department is composed of the public servants the Minister requires for the exercise of the functions of office; they are appointed in accordance with the Public Service Act (chapter F‐3.1.1).

The Minister determines the duties of the public servants to the extent that they are not determined by law or by the Government.

2005, c. 37, s. 13.

14. The signature of the Minister or Deputy Minister gives authority to any document emanating from the department.

A deed, document or writing is binding on the Minister or may be attributed to the Minister only if it is signed by the Minister, the Deputy Minister, a member of the personnel of the department or an office holder and, in the last two cases, only to the extent determined by the Government.

2005, c. 37, s. 14.

15. The Government may allow a signature to be affixed, by means of an automatic device, on the documents and subject to the conditions it determines.

The Government may also allow a facsimile of a signature to be engraved, lithographed or printed on the documents it determines. Except in the cases prescribed by the Government, the facsimile must be authenticated by the countersignature of a person authorized by the Minister.

2005, c. 37, s. 15.

16. A document or copy of a document emanating from the department or forming part of its records, signed or certified true by a person referred to in the second paragraph of section 14, is authentic.

2005, c. 37, s. 16.

17. An intelligible transcription of a decision or other data stored by the department on a computer or any other electronic medium is a document of the department and is proof of its contents if certified true by a person referred to in the second paragraph of section 14.

2005, c. 37, s. 17.

18. The Minister must table the department’s annual management report in the National Assembly within four months of the end of the fiscal year or, if the Assembly is not sitting, within 15 days of resumption.

2005, c. 37, s. 18.

CHAPTER III TOURISM PARTNERSHIP FUND

19. The tourism partnership fund is governed by this chapter and Chapter V of the Financial Administration Act (chapter A-6.001); the purpose of the fund is to promote and develop tourism.

2005, c. 37, s. 19; 2011, c. 18, s. 254.

20. The Government may change the name of the fund.

2005, c. 37, s. 20; 2011, c. 18, s. 255.

21. The following are credited to the Fund:

(1)  the proceeds from the sale of the goods and services financed by the fund;

(1.1)  the fees collected under the Tourist Accommodation Act (chapter H-1.01) upon the registration or renewal of the registration of a tourist accommodation establishment;

(2)  the sums transferred to the Fund by a minister or a budget-funded body out of the appropriations granted for that purpose by Parliament;

(2.1)  the sums paid into the Fund by the Société du Plan Nord under an agreement providing for their allocation, in accordance with section 21 of the Act respecting the Société du Plan Nord (chapter S-16.011);

(3)  the gifts, legacies and other contributions paid into the fund to further the achievement of its objects;

(4)  the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);

(5)  the sums transferred to the Fund by the Minister of Revenue as proceeds from the tax on lodging collected under the Act respecting the Québec sales tax (chapter T-0.1);

(6)  the sums the Minister of Revenue transfers to the Fund out of those credited to the general fund, which correspond to the part of the proceeds of the Québec sales tax determined by the Government, on the dates the Government determines; and

(7)  the interest earned on bank balances in proportion to the sums referred to in paragraphs 3 and 5.

2005, c. 37, s. 21; 2006, c. 36, s. 276; 2011, c. 18, Sch. I, s. 16, s. 18; 2011, c. 18, Sch. I, s. 16; 2011, c. 18, s. 256; 2013, c. 16, s. 141; 2014, c. 16, s. 88; 2020, c. 5, s. 102; 2023, c. 10, s. 31.

21.1. The sums required for the payment of a compensation to bodies referred to in section 6 of the Tourist Accommodation Act (chapter H-1.01) as consideration for the exercise of any function that may be entrusted to them under that Act or a regulation made under it are debited from the Fund.

2023, c. 10, s. 32; 2023, c. 16, s. 9.

22. (Repealed).

2005, c. 37, s. 22; 2011, c. 18, s. 257.

23. (Repealed).

2005, c. 37, s. 23; 2011, c. 18, s. 257.

24. (Repealed).

2005, c. 37, s. 24; 2011, c. 18, s. 257.

25. The sums referred to in paragraph 5 of section 21 and the related interest are paid out to the regional tourism associations recognized by the Minister and representing the tourism regions where the tax on lodging is applicable.

The Minister shall determine the terms of payment and the purposes for which such sums must be used.

2005, c. 37, s. 25; 2006, c. 36, s. 277; 2015, c. 31, s. 23.

26. (Repealed).

2005, c. 37, s. 26; 2011, c. 18, s. 257.

27. The surpluses accumulated in the fund are transferred to the general fund on the dates and to the extent determined by the Government.

2005, c. 37, s. 27; 2011, c. 18, s. 258.

28. (Repealed).

2005, c. 37, s. 28; 2011, c. 18, s. 259.

29. (Repealed).

2005, c. 37, s. 29; 2011, c. 18, s. 259.

30. (Repealed).

2005, c. 37, s. 30; 2011, c. 18, s. 259.

CHAPTER IV AMENDING AND FINAL PROVISIONS

ACT RESPECTING ASSISTANCE FOR TOURIST DEVELOPMENT

31. (Amendment integrated into c. A-13.1, s. 11).

2005, c. 37, s. 31.

32. (Amendment integrated into c. A-13.1, s. 37).

2005, c. 37, s. 32.

33. (Amendment integrated into c. A-13.1, s. 39).

2005, c. 37, s. 33.

EXECUTIVE POWER ACT

34. (Amendment integrated into c. E-18, s. 4).

2005, c. 37, s. 34.

ACT RESPECTING THE MINISTÈRE DU DÉVELOPPEMENT ÉCONOMIQUE ET RÉGIONAL ET DE LA RECHERCHE

35. (Amendment integrated into c. M-30.01, s. 3).

2005, c. 37, s. 35.

36. (Amendment integrated into c. M-30.01, s. 5).

2005, c. 37, s. 36.

37. (Omitted).

2005, c. 37, s. 37.

GOVERNMENT DEPARTMENTS ACT

38. (Amendment integrated into c. M-34, s. 1).

2005, c. 37, s. 38.

ACT RESPECTING THE RÉGIE DES INSTALLATIONS OLYMPIQUES

39. (Amendment integrated into c. R-7, s. 1).

2005, c. 37, s. 39.

ACT RESPECTING THE SOCIÉTÉ DU PALAIS DES CONGRÈS DE MONTRÉAL

40. (Amendment integrated into c. S-14.1, s. 30).

2005, c. 37, s. 40.

41. In any Act or other document, unless the context indicates otherwise,

(1)  a reference to the Minister or Deputy Minister of Economic and Regional Development or of Economic and Regional Development and Research, if made in connection with a tourism-related matter, is a reference to the Minister or Deputy Minister of Tourism, and a reference to the Ministère du Développement économique et régional or the Ministère du Développement économique et régional et de la Recherche, if made in connection with a tourism-related matter, is a reference to the Ministère du Tourisme;

(2)  a reference to the Act respecting the Ministère du Développement économique et régional et de la Recherche (chapter M‐30.01) or to any of its provisions, if made in connection with a tourism-related matter, is a reference to the Act respecting the Ministère du Tourisme or its corresponding provision.

2005, c. 37, s. 41.

42. (Omitted).

2005, c. 37, s. 42.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 37 of the statutes of 2005, in force on 1 March 2006, is repealed, except section 42, effective from the coming into force of chapter M-31.2 of the Revised Statutes.