SNL2020 CHAPTER T-6.1 - TOURIST ACCOMMODATIONS ACT

SNL2020 CHAPTER T-6.1 TOURIST ACCOMMODATIONS ACT CHAPTER T-6.1 AN ACT RESPECTING TOURIST ACCOMMODATIONS (Assented to November 5, 2020) Analysis 1. Short title 2. Definitions 3. Registration required 4. Records and reports 5. Sharing of information 6. Inspectors 7. Powers of inspectors 8. Contravention of Act suspected 9. Telewarrant 10. Protection from liability 11. Regulations 12. Fees and forms 13. Offence and penalty 14. SNL2006 cC-17.1 Amdt. 15. CNLR 1156/96 Amdt. 16. RSNL1990 cT-6 Rep. 17. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Tourist Accommodations Act. 2020 T-6.1 s1 Back to Top Definitions 2. In this Act (a) "accommodation" means (i) a building, part of a building or group of buildings containing one or more units and includes cabins, cottages and other permanent structures, (ii) land maintained as grounds for tents, trailers, recreational vehicles or other temporary or seasonal structures, (iii) a boat, or (iv) any other real or personal property prescribed in the regulations; (b) "minister" means the minister appointed under the Executive Council Act to administer this Act; (c) "operator" means the owner or lessee of a tourist accommodation or other person in charge of the tourist accommodation; (d) "primary residence" means a dwelling unit owned or rented by an individual, either alone or jointly with others, in which the individual is ordinarily resident; (e) "short term rental" means the provision of an accommodation for compensation to an individual or group of individuals for overnight lodging for a period of 30 days or less; and (f) "tourist accommodation" means an accommodation that is offered for short term rental to the traveling or vacationing public. 2020 T-6.1 s2 Back to Top Registration required 3. (1) A person shall not operate a tourist accommodation unless the tourist accommodation is registered in accordance with the regulations. (2) Notwithstanding subsection (1), a person is not required to register a primary residence that is only offered as a tourist accommodation while the owner or lessor is residing in the primary residence. (3) A registration under subsection (1) may be cancelled in accordance with the regulations. 2020 T-6.1 s3 Back to Top Records and reports 4. An operator shall (a) maintain records of all rentals of tourist accommodations in accordance with the regulations; and (b) prepare and submit reports to the minister in accordance with the regulations. 2020 T-6.1 s4 Back to Top Sharing of information 5. The minister may share information obtained in the administration of this Act in accordance with the regulations. 2020 T-6.1 s5 Back to Top Inspectors 6. (1) The minister may designate persons or classes of persons to act as inspectors for the purpose of this Act and the regulations. (2) The minister may designate persons or classes of persons from another department of government under subsection (1), with the approval of the minister of that other department. (3) A person shall not knowingly make a false or misleading statement, either orally or in writing, to an inspector while he or she is exercising powers or carrying out duties or functions under this Act or the regulations. 2020 T-6.1 s6 Back to Top Powers of inspectors 7. (1) An inspector may, at all reasonable times, for purposes related to the administration or enforcement of this Act or the regulations, inspect or examine the premises, processes, books and records of a person that the inspector may consider relevant for the purpose of determining compliance with this Act or the regulations, and the inspector may, without a warrant, (a) enter any premises where (i) any property, books or records are or may be kept, or (ii) anything is done or is suspected by the inspector of being done in connection with a requirement of this Act or the regulations; (b) make copies, extracts, photographs or videos the inspector considers necessary; (c) require the owner or person in charge of a premises to give the inspector all reasonable assistance, including the production of books and records as requested by the inspector, and to answer all proper questions relating to the administration or enforcement of this Act or the regulations and, for that purpose, require the owner or person in charge to attend at the premises with the inspector; and (d) require the owner or person in charge to make available the means to generate and manipulate books and records that are in machine readable or electronic form and any other means or information necessary for the inspector to assess the books and records. (2) Notwithstanding subsection (1), an inspector shall not enter a dwelling-house without the consent of the occupant except under the authority of a warrant issued under section 8 or 9. 2020 T-6.1 s7 Back to Top Contravention of Act suspected 8. (1) Where during the course of an inspection under section 7 or otherwise an inspector believes on reasonable grounds that there has been a contravention of this Act or the regulations, the inspector may, with a warrant issued under subsection (2) or section 9, seize and take away any of the books or records that may be required as evidence of a contravention and may retain those documents until the time they are required in a court proceeding. (2) A Provincial Court judge who is satisfied upon oath or affirmation there are reasonable grounds for believing there is in or on a premises anything that may provide evidence with respect to a suspected offence under this Act or the regulations, may issue a warrant authorizing an inspector to enter the premises and to (a) search; (b) examine the contents of the premises and make those inquiries that the inspector considers necessary; and (c) copy, extract, photograph, video, seize and take away evidence, books and records, for the purpose of investigating the suspected offence. (3) The owner or person in charge of a premises referred to in this section or a person present at the premises shall not obstruct an inspector in the carrying out of the inspector's duties under this section as authorized by the warrant. 2020 T-6.1 s8 Back to Top Telewarrant 9. (1) Where, in the opinion of an inspector it would not be practical to appear before a Provincial Court judge to apply for a warrant, the inspector may make the application by telephone or other means of telecommunication. (2) Where an inspector acts under the authority of a warrant obtained under this section, the inspector shall provide a facsimile of the warrant to the owner or person in charge of a premises present at the time the warrant is carried out. (3) In subsection (2), "facsimile" includes a record produced by electronic means or a written record of a telephone conversation made by both parties to the conversation while it is in progress and which the parties have confirmed as to its accuracy by reading their record of the conversation to one another at the end of the conversation. 2020 T-6.1 s9 Back to Top Protection from liability 10. The minister or an inspector, shall not be liable for anything done in good faith in the exercise or performance of a power, duty or function conferred or imposed on him or her under this Act. 2020 T-6.1 s10 Back to Top Regulations 11. The minister may make regulations (a) prescribing real or personal property for the purpose of subparagraph 2(a)(iv); (b) respecting the registration of tourist accommodations; (c) respecting the cancellation of a registration of a tourist accommodation; (d) respecting the maintenance of records for the purpose of paragraph 4(a); (e) respecting the preparation and submission of reports for the purpose of paragraph 4(b); (f) respecting the sharing of information obtained in the administration of this Act; (g) defining a word or expression used but not defined in this Act; and (h) generally to give effect to the purpose of this Act. 2020 T-6.1 s11 Back to Top Fees and forms 12. The minister may set fees and establish forms for the purpose and administration of this Act and the regulations. 2020 T-6.1 s12 Back to Top Offence and penalty 13. A person who contravenes this Act or the regulations made under this Act is guilty of an offence and liable on summary conviction to a fine of not less than $250 and not more than $2,000. 2020 T-6.1 s13 Back to Top SNL2006 cC-17.1 Amdt. 14. Paragraph 28(1)(a) of the City of St. John's Municipal Taxation Act is repealed and the following substituted: (a) required to be registered under the Tourist Accommodations Act ; 2020 T-6.1 s14 Back to Top CNLR 1156/96 Amdt. 15. (1) Subsection 64(1) of the Wild Life Regulations is repealed and the following substituted : Back to Top Sale of game 64. (1) The minister may, by issue of a wild meat service licence, authorize the owner or operator of a tourist accommodation registered under the Tourist Accommodations Act or a person licensed under the Food and Drug Act (Canada) to purchase from the holder of a permit to sell, during the open season and 7 days after that, big game legally taken, and to serve that game to customers. (2) Subsection 76(1) of the Wild Life Regulations is repealed and the following substituted: Back to Top Sale of small game 76. (1) The minister may, by issue of a wild meat service licence, authorize the owner or operator of any tourist accommodation registered under the Tourist Accommodations Act or any person licensed under the Food and Drug Act (Canada) to purchase from the holder of a permit to sell during the open season and 7 days after that small game legally taken, except migratory birds, and to serve that game to customers. (3) Subsection 77(1) of the Wild Life Regulations is repealed and the following substituted : Back to Top Traffic in ptarmigan 77. (1) Subject to sections 76 and 87, a person shall not sell or purchase, or offer to sell or purchase, or expose for sale any ptarmigan and an owner or occupier of a restaurant, boarding house, roadhouse, tavern, lunch counter or tourist accommodation as defined by the Tourist Accommodations Act shall not serve ptarmigan or cause or permit ptarmigan to be served. (4) Paragraph 111.1(1)(d) of the Wild Life Regulations is repealed and the following substituted: (d) "outfitter" means the owner or operator of a camp site, lodge, cabin and related facilities constructed solely for the purpose of and used solely as a base for outfitting operations for sports fishing or hunting and related commercial recreational activities that is registered under the Tourist Accommodations Act; and (5) Subsection 111.1(8) of the Wild Life Regulations is repealed and the following substituted: (8) Notwithstanding subsection (5), north of 52 ° north latitude, a non-resident who is a paying guest of a tourist accommodation registered under the Tourist Accommodations Act may angle for fish in inland waters provided that he or she (a) returns to that tourist accommodation each night; (b) utilizes the services of a licensed guide; and (c) does not fish within 2 kilometres, or a distance which the minister may establish, of an existing licensed outfitter camp site, lodge, cabin and related facilities. 2020 T-6.1 s15 Back to Top RSNL1990 cT-6 Rep. 16. The Tourist Establishments Act is repealed. 2020 T-6.1 s16 Back to Top Commencement 17. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. (In force Apr. 4/23) 2020 T-6.1 s17