NLR 27/23 - Tourist Accommodations Regulations under the Tourist Accommodations Act

NEWFOUNDLAND AND LABRADOR REGULATION 27/23 Tourist Accommodations Regulations under the Tourist Accommodations Act Amended: 89/24 NEWFOUNDLAND AND LABRADOR REGULATION 27/23 Tourist Accommodations Regulations under the Tourist Accommodations Act (Filed April 4, 2023) Under the authority of section 11 of the Tourist Accommodations Act, I make the following regulations. Dated at St. John’s, April 3, 2023. Steve Crocker Minister of Tourism, Culture, Arts and Recreation REGULATIONS Analysis 1. Short title 2. Definitions 2.1 Exemption – platform operator 3. Registration – tourist accommodations 3.1 Registration – platform operators 4. Operator to notify minister 5. Cancellation of registration 5.1 Reporting 6. Disclosure of information 7. Transitional 8. NLR 87/02 Amdt. 9. NLR 73/11 Amdt. 10. Repeal 11. Commencement Short title 1. These regulations may be cited as the Tourist Accommodations Regulations . 27/23 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Tourist Accommodations Act ; (b) "former Act" means the Tourist Establishments Act ; and (c) [Rep. by 89/24 s1] 27/23 s2 ; 89/24 s1 Back to Top Exemption – platform operator 2.1 A platform operator that operates a hotel or motel is exempted from the requirements in the Act and these regulations relating to platform operators where the platform operator’s platform only lists the platform operator’s own hotel or motel accommodations. 89/24 s2 Back to Top Registration – tourist accommodations 3. (1) An operator shall apply to the minister to register a tourist accommodation before commencing operations. (2) An application under subsection (1) shall be in a form set by the minister and shall include (a) the legal name of the operator; (b) the operating name of the tourist accommodation, if any; (c) the address of the tourist accommodation; (d) the type of accommodation offered; (e) the number of units offered for short term rental in the tourist accommodation; (f) the total number of bedrooms contained in all units offered for short term rental in the tourist accommodation; and (g) any additional information required by the minister. (3) Where an operator operates more than one tourist accommodation, the operator shall submit a separate application to register each tourist accommodation. (4) The minister shall register a tourist accommodation where the operator satisfies the requirements in this section. (5) Registration of a tourist accommodation is not transferable or assignable. 27/23 s3 ; 89/24 s3 Back to Top Registration – platform operators 3.1 (1) A person applying for registration as a platform operator shall submit an application in the form set by the minister which shall include the following information: (a) the legal name of the platform operator; (b) the operating name of the platform operator, if any; (c) the following information for a person designated as the contact person by the person applying for registration as a platform operator: ( i ) name, (ii) title or position, (iii) telephone number, and (iv) email address; (d) the platform address; and (e) any additional information required by the minister. (2) The minister shall register a platform operator where the platform operator satisfies the requirements in this section. (3) Registration of a platform operator is not transferable or assignable. 89/24 s4 Back to Top Operator to notify minister 4. Where information provided to the minister by an operator under the Act or these regulations has changed, the operator shall provide updated information to the minister, in writing, within 60 days. 27/23 s4 Back to Top Cancellation of registration 5. (1) The minister may cancel the registration of a tourist accommodation where (a) the operator notifies the minister that the operator has ceased to operate the tourist accommodation; (b) the minister determines that the tourist accommodation is no longer being operated; (c) the operator contravenes a term or condition of the registration, the Act or these regulations; or (d) the minister determines that it is in the public interest to cancel the registration. (2) The minister may cancel the registration of a platform operator where (a) the platform operator notifies the minister that the platform operator has ceased to carry on business in the province; (b) the minister determines that the platform operator is no longer carrying on business in the province; (c) the platform operator contravenes a term or condition of the registration, the Act or these regulations; or (d) the minister determines that it is in the public interest to cancel the registration. 27/23 s5 ; 89/24 s5 Back to Top Reporting 5.1 (1) An operator shall provide the following information to the minister each month: (a) the number of units offered for short term rental in the tourist accommodation during the month; (b) the number of nights the tourist accommodation was open during the month; (c) the number of nights the tourist accommodation was rented during the month; and (d) the total revenue relating to short term rentals of the tourist accommodation for the month. (2) A platform operator shall, where requested by the minister, provide the information relating to the platform operator's listing that the minister determines necessary. 89/24 s6 Back to Top Disclosure of Information 6. (1) The minister may disclose information collected under the Act or these regulations to (a) a person where the disclosure is necessary for the administration or enforcement of the Act and these regulations; and (b) a public body as defined in the Access to Information and Protection of Privacy Act, 2015 for the purpose of the public body ( i ) administering or enforcing an Act of the province, or (ii) performing the statutory duties of, or for operating a legally authorized program of, the public body. (2) The minister may disclose to the public non-identifying aggregate information obtained from information disclosed under the Act or these regulations. 27/23 s6 ; 89/24 s7 Back to Top Transitional 7. (1) Where a person who is required to register a tourist accommodation under the Act holds a valid licence in respect of the tourist accommodation under the former Act on the coming into force of these regulations, the tourist accommodation is considered registered under these regulations. (2) Where a person who is required to register a tourist accommodation under the Act submitted an application for a licence in respect of the tourist accommodation under the former Act and the licence has not been issued or refused on the coming into force of these regulations, it shall be considered to be an application for a registration of the tourist accommodation under these regulations. 27/23 s7 Back to Top NLR 87/02 Amdt. 8. Paragraph 2(b) of the Glover Island Public Reserve Regulations is amended by deleting the words "licensed under the Tourist Establishment Regulations" and substituting the words "registered under the Tourist Accommodations Act ". 27/23 s8 Back to Top NLR 73/11 Amdt. 9. Paragraph 14(3)(a) of the Revenue Administration Regulations is amended by deleting the words "tourist establishment that is or is required to be licensed under the Tourist Establishment Regulations " and substituting the words "tourist accommodation that is or is required to be registered under the Tourist Accommodations Act ". 27/23 s9 Back to Top Repeal 10. The Tourist Establishment Regulations , Consolidated Newfoundland and Labrador Regulation 806/96, are repealed. 27/23 s10 Back to Top Commencement 11. These regulations come into force on the date the Act comes into force. 27/23 s11