The Hotel Keepers Act

The Hotel Keepers Act, C.C.S.M. c. H150 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Lien for board and lodging 3 Responsibility for goods detained 4 Right to sell goods detained 5 Power to break open trunks, etc. 6 Sale of goods detained 7 Liability of hotel keeper for the property of guests 8 Deposit of goods for safekeeping 9 Responsibility for personal effects 10 Undesirable persons may be ejected 11 Exemptions under Executions Act not to apply HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "hotel" includes an inn, tavern, public house or other place of refreshment; (« hôtel ») and "hotel keeper" includes the keeper of a hotel. (« hôtelier ») Lien for board and lodging 2 Any hotel keeper, or boarding house keeper, or lodging house keeper, may detain in their hotel or house, before they have been removed thereout but not afterwards, the trunks, valises, and personal effects, including clothing, of any person who may be indebted to the keeper for an amount incurred by the person while a guest of the hotel or boarding house or lodging house. Responsibility for goods detained 3 Every hotel keeper, boarding house keeper, and lodging house keeper, shall keep in the keeper's possession, and is responsible for, any trunks and valises and their contents and any personal effects detained by the keeper for the full period of the detention, unless they are sooner released. Right to sell goods detained 4 Where, at the expiry of the period of detention hereinafter mentioned, the amount for which the trunks, valises, or personal effects, have been detained has not been paid, the keeper of the hotel, boarding house, or lodging house, upon complying with this Act, may sell them or any part thereof by public auction. Power to break open trunks, etc. 5 After the expiration of the period of one month, if the amount aforesaid has not been paid, the keeper of the hotel, boarding house, or lodging house may, in the presence of a justice of the peace, force or break any locks or fastenings on any trunk, box, valise, or other article detained by the keeper as aforesaid for the purpose of ascertaining and inspecting the contents thereof. S.M. 2005, c. 8, s. 11 . Notice of sale to be given 6(1) At least one month before the day fixed for the sale the hotel keeper, boarding house keeper, or lodging house keeper, shall mail in a registered package a notice of the intended sale, addressed to the person so indebted to the keeper, directed to the person's last known address. Contents of notice 6(2) The notice shall contain (a) a general description of the trunks, valises, personal property or effects, to be sold, and the date and place of the proposed sale; (b) an itemized statement of the charges of the hotel keeper, boarding house keeper, or lodging house keeper, showing the sum due at the time of the notice; (c) a demand that the amount of the charges, as stated in the notice, shall be paid on or before the day of sale; and (d) a statement that if the amount of the charges, as stated in the notice, is not paid on or before the day of sale, the property will be sold by public auction at the time and place specified. Application of proceeds of sale and proceeds 6(3) After the sale the keeper of the hotel, boarding house, or lodging house may apply the proceeds thereof in payment of the amount due to the keeper and the reasonable cost of advertising and of the auctioneer; and the keeper of the hotel, boarding house, or lodging house shall pay over the surplus, if any, to the person entitled thereto on application being made by that person therefor; and if application therefor is not forthwith made the keeper of the hotel, boarding house, or lodging house shall immediately pay it to the Registrar of the Court of King's Bench. S.M. 2010, c. 33, s. 25 . Duty of Registrar 6(4) The Registrar shall keep the amount for that person for one year, after which time, if the person does not appear or claim the amount so kept, it shall be paid over to the Minister of Finance and form part of the Consolidated Fund. Liability of hotel keeper for the property of guests 7 No hotel keeper is liable to make good to any guest of the hotel any loss or injury to goods or property brought to the hotel except (a) where the goods or property are stolen, lost, or injured, through the fault or neglect of the hotel keeper or any servant in the hotel keeper's employ; or (b) subject to subsection 8(1), where the goods or property are deposited expressly for safe custody with the hotel keeper. Conditions whereby deposit made 8(1) Where a deposit is made, as mentioned in clause 7(b), the hotel keeper may, if the hotel keeper thinks fit require, as a condition of the hotel keeper's liability, that the goods or property be deposited in a box or receptacle fastened and sealed by the person depositing it. Receipt for property deposited 8(2) Any person so depositing money, jewellery, documents or other valuables of a similar nature, as provided in section 7, shall demand and receive from the keeper of the hotel, boarding house, or lodging house, a receipt therefor; and before the person is entitled to receive the articles to which the receipt refers from the hotel keeper, the person shall surrender the receipt given by the hotel keeper at the time the deposit was made. Refusal of hotel keeper to receive valuables 8(3) Where a hotel keeper refuses to receive for safe keeping, as before mentioned, money, jewellery, documents or valuables of a similar nature, the property of their guest, or where any such guest, through any default of the hotel keeper, is unable to deposit any such money, jewellery, documents or other valuables of a similar nature, as aforesaid, the hotel keeper is not entitled to the benefit of this Act in respect of the money, jewellery, documents or other valuables, unless the hotel keeper can show that their hotel was not equipped with a proper safe or vault and the hotel keeper had so informed the guest at the time of refusing to receive the property. Responsibilities of hotel keepers, etc., in respect of personal effects 9(1) Notwithstanding anything in this Act no hotel keeper, boarding house keeper, or lodging house keeper, is responsible for any trunks or their contents, or any parcels or personal effects of any kind, left by guests, boarders, or lodgers in their rooms, if there are proper locks and keys for the doors of those rooms, unless the rooms are locked and the keys thereof left at the office. Where checking room provided 9(2) Where any such hotel keeper, boarding house keeper, or lodging house keeper has provided a suitable parcel or checking room or office in the keeper's premises, the keeper is not responsible or liable for the loss of any chattels, personal effects, or property of any kind, left in the hotel, boarding house, or lodging house, unless they are brought to the checking room or office and a check therefor demanded by the owner or person in charge of the property. Undesirable persons may be ejected 10 A hotel keeper or their representative may require any person, not a guest of the hotel, whom the hotel keeper or representative deems undesirable, to leave the hotel; and if the person fails to leave, may eject the person from the hotel premises. Exemptions under Executions Act not to apply 11 The exemptions provided for in The Executions Act or The Judgments Act do not apply to a judgment obtained or executed, or certificate issued thereon, for any amount due to a hotel keeper, boarding house keeper, or lodging house keeper, solely for board and lodging.