Hospitality Sector Customer Registry Regulation

Hospitality Sector Customer Registry Regulation, M.R. 18/2025 The Hospitality Sector Customer Registry Act , C.C.S.M. c. H115 Regulation 18/2025 Registered February 28, 2025 bilingual version (HTML) Table of Contents Section 1 Interpretation 2 Additional information to be entered in registry 3 Maintenance of information 4 Identification 5 Person acting on behalf of online accommodation platform 6 Application for registry access order 7 Form of urgent demand 8 Application for order directing person to comply 9 Service requirements 10 Annual reports 11 Coming into force Schedule INTERPRETATION Interpretation 1(1) In this regulation, "Act" means The Hospitality Sector Customer Registry Act . Meaning of "lodging" 1(2) The term "lodging" as used in clauses (a) and (b) of the definition "online accommodation platform" in section 1 of the Act does not include lodging provided by a hotel. PART 1 CUSTOMER REGISTRY Additional information to be entered in registry 2(1) In addition to the information required under subsection 5(1) of the Act, a registry keeper must enter the following information in the customer registry: (a) the start date and planned end date of the customer's stay; (b) the number of individuals admitted to occupy the lodging; (c) if the lodging is provided by a hotel, the name or room number of the lodging; (d) if the lodging is provided through an online accommodation platform, the address of the lodging. Name of certifying person entered in registry 2(2) If a customer provides identification under subsection 4(2), the registry keeper must enter the name of the person providing the statement under that subsection as shown on that person's government-issued photo identification in the registry beside the customer's name. Update registry if customer's stay longer than planned 2(3) If a customer departs the lodging after the planned end date under clause (1)⁠(a), the registry keeper must update the entry in the customer registry with the date that the customer no longer occupied the lodging. Maintenance of information 3 For the purpose of section 6 of the Act, a registry keeper must keep information entered in their customer registry for at least seven years after the day it is entered in the registry. Providing government-issued photo identification 4(1) For the purpose of section 7 of the Act, a customer must provide a piece of valid government-issued photo identification, except as permitted under subsection (2). Alternate identification 4(2) If a customer does not have any government-issued photo identification, the customer may provide (a) a written statement from another person in which the person sets out the customer's name and address or date of birth and certifies that they know the customer; and (b) a piece of valid government-issued photo identification for the person providing the statement under clause (a). Person acting on behalf of online accommodation platform 5(1) For the purpose of clause 7(b) of the Act, the following persons are prescribed to be acting on behalf of an online accommodation platform: (a) the owner of the lodging; (b) the property manager of the lodging; (c) any person employed or engaged by the owner of the lodging to admit a customer to occupy the lodging. Information to be provided to online accommodation platform within 24 hours 5(2) A person prescribed under subsection (1) must provide the information required under section 2 of this regulation and subsection 5(1) of the Act to the online accommodation platform within 24 hours of the customer being admitted to occupy the lodging. PART 2 POLICE ACCESS TO CUSTOMER REGISTRY REGISTRY ACCESS ORDERS AND URGENT DEMANDS Application for registry access order 6(1) An application for a registry access order may be made to a judicial justice of the peace in person or by telephone, e-mail or facsimile transmission. Original application 6(2) If the application is made by telephone, e-mail or facsimile transmission, the member of the police service making the application must deliver the original copy of the application and supporting documents to a court office specified by the judicial justice of the peace. Form of urgent demand 7 An urgent demand must be in the form set out in the Schedule to this regulation. SERVICE REQUIREMENTS Application for order directing person to comply 8 An application for an order directing a registry keeper to comply with an urgent demand under subsection 10(1) of the Act must be made on notice to the respondent. Service requirements 9(1) A registry access order or an urgent demand must be served in the following manner: (a) in the case of a hotel, by leaving a copy of the order or demand with an individual who appears to have management or control of the hotel; (b) in the case of an online accommodation platform, (i) if the online accommodation platform is a corporation, by leaving a copy of the order or demand with a director or officer of the corporation or the corporation's attorney for service, (ii) by leaving a copy of the order or demand with an individual who appears to have management or control of any place of business or premises operated by or on behalf of the online accommodation platform, or (iii) by sending a copy of the order or demand by e-mail or facsimile transmission to the online accommodation platform's last known e-mail address or facsimile number, if the sender receives confirmation that the transmission was successfully completed. Substitutional service 9(2) A judicial justice of the peace may, by order, authorize another manner of service if they are satisfied that service cannot effectively be made in accordance with a manner set out in subsection (1). ANNUAL REPORTS Annual report requirements 10(1) For the purpose of clause 11(2)⁠(b) of the Act, the annual report of a police service must contain a summary of the type of information sought in each demand. Available to public 10(2) For the purpose of clause 11(3)⁠(b) of the Act, the annual report must be made available to the public (a) by posting a copy of the report on the police service's website; or (b) in the case of a municipal police service, by posting a copy of the report on the website of the municipality in question. PART 3 COMING INTO FORCE Coming into force 11 This regulation comes into force on the same day that The Hospitality Sector Customer Registry Act , S.M. 2022, c. 43, Schedule A, comes into force. SCHEDULE (Section 7) Form of Urgent Demand