Resource Tourism Operators Regulation

Resource Tourism Operators Regulation, M.R. 28/2004 The Resource Tourism Operators Act , C.C.S.M. c. R119.5 Regulation 28/2004 Registered February 19, 2004 bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions APPLICATIONS 2 Form of application 3 Information re outfitting services 4 Material from corporate applicants 5 Material for permit 6 Exemption 7 Automatic refusal 8 Requirements before issuing permit LICENCES AND PERMITS 9 Outfitting services provided 10 Term of licence or permit 11 Renewal 12 Reinstatement 13 Administrator's powers on contravention 14 Imposing new terms and conditions FEES 15 Fees STAFF AND EMPLOYEES 16 Restriction on management positions 17 Termination of guide 18 Hunting guides DUTIES 19 Quality of facilities 20 Safety and environmental protection 21 Obligation to report violations 22 Change in ownership or control 23 Guest register 24 Identification 25 Package plan information 26 Repeal 27 Coming into force Schedules DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Resource Tourism Operators Act. ( «  Loi  » ) "associated person" means (a) if the applicant or licence holder is an individual, that individual; (b) if the applicant or licence holder is a partnership, a member of the partnership; and (c) if the applicant or licence holder is a corporation (i) an officer or director of the corporation, or (ii) a shareholder who owns more than 10% of the voting shares of the corporation. (« personne associée ») "management position" means a role that enables a person to (a) manage the operations of a licence holder; or (b) exercise a significant degree of influence over the operations of a licence holder. (« poste de gestion ») APPLICATIONS Form of application 2(1) An application for a licence or permit must be made in the form and contain the information required by the administrator. 2(2) An applicant may apply for permits for two or more accommodation facilities or related facilities on the same application form. The administrator may consider each application separately. Information re outfitting services 3 An applicant for a licence must describe the specific outfitting services that the applicant proposes to provide and the area where the applicant proposes to provide the services. Material from corporate applicants 4 If an applicant for a licence is a corporation, the following material must be submitted with the application: (a) a copy of the corporation's articles of incorporation; (b) a copy of the corporation's most recent annual return filed under The Corporations Act ; (c) a list of all shareholders holding at least 10% of the equity shares of the corporation. Material for permit 5(1) An applicant for a permit to construct, expand, alter or relocate an accommodation facility or to use an existing building or structure as an accommodation facility must provide the administrator with the following: (a) a plan of the site drawn at an appropriate scale, identifying the site of the proposed facility, and showing the boundaries of the site and the location of all buildings, roads, driveways, structures, public services, sewage and water facilities and wooded or watered areas of the site; (b) a plan of all buildings, drawn at an appropriate scale, showing the general layout, floor plan and construction of each building; (c) approval of the building plans from the authority having responsibility for approving building plans in the area where the proposed facility is to be located. 5(2) An applicant seeking a permit for a related facility must describe the proposed facility and indicate where it is to be located. Exemption 6 The administrator may exempt an applicant from submitting any of the information or material referred to in sections 4 or 5. Automatic refusal 7 A licence must not be issued to an applicant if an associated person of the applicant has (a) been convicted of an offence set out in Schedule A in the five-year period before the application was submitted; or (b) been convicted of three or more offences set out in Schedule B in the five-year period before the application was submitted. Requirements before issuing permit 8 Before issuing a permit for an accommodation facility, the administrator may require an applicant to (a) provide evidence from the responsible municipal or provincial authority that the facility complies with all applicable fire, building and zoning requirements; and (b) satisfy the administrator that the construction, expansion or alteration of the facility has been completed in accordance with the plans or specifications submitted to the administrator. LICENCES AND PERMITS Outfitting services provided 9(1) A licence holder may provide only the outfitting services set out in the licence in the areas specified in the licence. 9(2) A licence holder may apply to the administrator to amend the licence to allow outfitting services to be provided in an area not specified in the licence by submitting an application and paying the fee specified in Schedule C. Term of licence or permit 10(1) Subject to subsection (2), a licence or permit is valid from the date it is issued to March 31 following the date of issuance. 10(2) A licence or permit that is in force on March 31, 2021 is valid until March 31, 2022, unless it is cancelled or suspended. M.R. 20/2021 Renewal 11(1) The administrator may renew a licence or permit if the renewal application and the annual fee for the licence or permit specified in Schedule C are received before the licence or permit expires. 11(2) The administrator may not renew a licence or permit if the licence or permit holder has failed to pay a fine or any other amount owing under the Act. Reinstatement 12 The administrator may reinstate a licence or permit that has expired if (a) no more than one year has passed since the licence or permit expired; and (b) the licence or permit holder applies for reinstatement and submits the reinstatement fee and the annual fee for the licence or permit specified in Schedule C. Administrator's powers on contravention 13 If a licence holder or an associated person of the licence holder is convicted of an offence set out in Schedule A, or three or more offences set out in Schedule B over a five-year period, the administrator may (a) cancel or refuse to renew the licence; (b) suspend the licence for a period specified by the administrator; or (c) impose a new term or condition on a licence. Imposing new terms and conditions 14 At any time, the administrator may impose a new term or condition on a licence or permit or modify an existing term or condition if (a) the administrator considers that the new or modified term or condition is required to manage or conserve natural resources in the area where the licence or permit holder provides outfitting services; (b) the licence holder has not provided outfitting services on a regular basis in an area that the holder's licence authorized outfitting services to be provided; or (c) the licence or permit holder has failed to comply with the Act or an order made by an officer. FEES Fees 15 The fees payable for an application, licence, permit or other service under the Act are set out in Schedule C. STAFF AND EMPLOYEES Restriction on management positions 16 A licence holder must not employ or retain any person in a management position who has been convicted of contravening (a) in the previous five years, an offence set out in Schedule A; or (b) in the previous five years, three or more offences set out in Schedule B. Termination of guide 17 A licence holder must cease employing or retaining any person who acts as a guide if the person has been convicted of contravening (a) in the previous five years, an offence set out in Schedule A; or (b) in the previous five years, three or more offences set out in Schedule B. Hunting guides 18 A licence holder authorized to provide hunting guides must ensure that any person acting as a hunting guide holds a valid guide licence issued under the Hunting Guides Regulation , M.R. 110/93. DUTIES Quality of facilities 19(1) A licence holder must ensure that all accommodation and related facilities that it uses or operates are safe and properly maintained. 19(2) A licence holder must ensure that all supplies that it provides are of a good quality and all equipment used is in good working order. Safety and environmental protection 20 A licence holder must ensure that outfitting services are provided in a manner that (a) is safe and designed to protect the holder's clients and others in the area where the services are provided; and (b) protects the environment in the area where the services are provided. Obligation to report violations 21 A licence holder must immediately report to an officer every violation of The Wildlife Act , The Fisheries Act , the Fisheries Act (Canada), and the Migratory Birds Convention Act, 1994 (Canada) or regulations made under those Acts committed by a client of the holder of which the holder has any knowledge, unless there is a reasonable excuse for delay. The holder must provide all information concerning the violation that the holder has when reporting the violation. Change in ownership or control 22(1) A licence holder must notify the administrator in accordance with section 12 of the Act if, (a) in the case of a licence holder that is a partnership, the partnership has a new partner; or (b) in the case of a licence holder that is a corporation, (i) the ownership of the corporation changes so that a person who previously held less than 10% of the equity shares of the corporation now holds more than 10% of those shares, or (ii) there is a change in the officer or directors of the corporation. 22(2) A licence holder must notify the administrator before changing (a) the business name under which the holder provides outfitting services; or (b) the name of the licence holder. Guest register 23(1) Every licence holder operating an accommodation facility must maintain a guest register at each facility. The holder must ensure that one person in each party staying at the facility enters his or her name and address, and the name of each person in the party, into the register upon arriving at the facility. 23(2) The licence holder must enter the following information in the guest register: (a) the accommodation unit occupied by each registered guest and members of the guest's party; (b) the date of arrival and departure of each registered guest. 23(3) The licence holder must preserve the entries in the guest register until the administrator authorizes their destruction. Identification 24 A licence holder must ensure that the holder's name or business name is clearly displayed (a) on every accommodation facility and related facility for which the holder has a permit; and (b) on every boat, watercraft, aircraft and vehicle used by the holder. Package plan information 25(1) A licence holder must ensure that any advertisement or information respecting any type of "package plan" must set out precisely what services the package plan includes. Deposit forfeiture 25(2) If a deposit is required when making a reservation, a licence holder must ensure that the customer is advised under what conditions the deposit will be refunded or forfeited. Repeal 26 The Transient Accommodation Facilities Regulation , M.R. 487/88 R, is repealed. Coming into force 27 This regulation comes into force on the day The Resource Tourism Operators Act comes into force. SCHEDULE A (Section 13 and clauses 7(a), 16(a) and 17(a)) The following are offences for the purposes of section 13 and clauses 7(a), 16(a) and 17(a): (a) a contravention of one of the following provisions of The Wildlife Act : (i) section 10 (dangerous hunting), (ii) section 11 (hunting while intoxicated), (iii) section 12 (night hunting with lights), (iv) section 17 (hunting in a restricted area), (v) section 22 (hunting from vehicles) (vi) subsection 24(1) (use of poison), (vii) section 25 (Sunday hunting), (viii) section 26 (hunting out of season), (ix) section 28 (bag limits) if the contravention involves the taking, killing or trapping of at least twice the prescribed number of wild animals, (x) section 30.1 (trading in wild animals), (xi) section 31 (transporting illegally taken animals), (xii) subsection 32(1) (failure to retrieve game), (xiii) clause 34(1)⁠(a) (discharge of firearm from vehicle), (xiv) subsection 48(2) (prohibited import or export), (xv) section 49 (destruction of nest or eggs), (xvi) subsection 50(1) (destruction of habitat), (xvii) section 59 (false statements); (b) a contravention of subsection 7(1) or clause 11(1)⁠(b) of the Hunting Guides Regulation , M.R. 110/93; (c) a contravention of section 6.1 of the Trapping of Wild Animals Regulation , M.R. 245/90; (d) a contravention of subsections 14(1), 19(2), (3), (4), (5) or (6) of the Manitoba Fishery Regulations, 1987 made under the Fisheries Act (Canada), if the contravention involves the catching and retention, or the possession, of (i) at least three times the amount of fish in excess of prescribed quota, or (ii) three or more fish that do not comply with the prescribed size limit; (e) a contravention of section 7 or subsections 10(1) or (2) of the Migratory Birds Regulation , made under the Migratory Birds Convention Act, 1994 (Canada) if the contravention involves the killing or possession of at least twice the prescribed limit of migratory birds; (f) a contravention of subsection 12(1) of The Wildfires Act ; (g) any contravention under The Endangered Species Act and regulations made under that Act; (h) any contravention under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (Canada) and regulations made under that Act. SCHEDULE B (Section 13 and clauses 7(b), 16(b) and 17(b)) The following are offences for the purposes of section 13 and clauses 7(b), 16(b) and 17(b): (a) any contravention under The Wildlife Act and regulations made under that Act, other than a contravention set out in Schedule A; (b) a contravention of section 28 of The Wildlife Act if the contravention involves less than twice the prescribed number of wild animals; (c) any contravention under the Fisheries Act (Canada) and regulations made under that Act, other than a contravention set out in Schedule A; (d) a contravention of subsections 14(1) or 19(2), (3), (4), (5) or (6) of the Manitoba Fishery Regulations, 1987 made under the Fisheries Act (Canada), if the contravention involves the catching and retention, or the possession, of (i) less than three times the amount of fish in excess of prescribed quota, or (ii) less than three fish that do not comply with the prescribed size limit; (e) any contravention under the Migratory Birds Convention Act, 1994 (Canada) and regulations made under that Act, other than a contravention set out in Schedule A; (f) a contravention of section 7 or subsections 10(1) or (2) of the Migratory Birds Regulation , made under the Migratory Birds Convention Act, 1994 (Canada), if the contravention involves the killing or possession of less than twice the prescribed limit of migratory birds; (g) any contravention under The Environment Act and regulations made under that Act; (h) any contravention under The Fisheries Act and regulations made under that Act; (i) any contravention under The Wildfires Act and regulations made under that Act, other than the contravention set out in Schedule A; SCHEDULE C (Subsections 9(2), 11(1), sections 12 and 15) Application fees 1(1) The fee to apply for a licence is $100. 1(2) The fees to apply for a permit to construct, use or operate a related facility or accommodation facility are as follows: (a) related facility Annual fees 2(1) The annual fee for a licence is $100. 2(2) The annual fees for a permit to use or operate a related facility or accommodation facility are as follows: (a) related facility Modification or relocation fee 3 The fee for a permit to expand, alter or relocate an accommodation facility or related facility are as follows: (a) related facility Amendment of licence fee 4 The fee to apply for an amendment of a licence to provide outfitting services in a new area is $25. Transfer fee 5 The fee to apply for a transfer of a licence or permit is $15. Reinstatement fee 6 The fee to reinstate an expired licence or permit is $50.