Canada — Quebec Act or statute

Canada — Quebec legislation

Travel Agents Act, 1974

This section defines several terms used in the Act, including licence, regulation, carrier, president, officer, establishment, and principal establishment.

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01

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“This section defines several terms used in the Act, including licence, regulation, carrier, president, officer, establishment, and principal establishment.”

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    Enacted 1974 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Section 1

This section defines several terms used in the Act, including licence, regulation, carrier, president, officer, establishment, and principal establishment.

Section 1

Section 13.2

Certain persons may contest the president’s decision before the Administrative Tribunal of Québec within 30 days after notification.

Section 13.2

Section 33.2

If the president reasonably believes trust-account money may be withdrawn contrary to prescribed regulations, the president may seek an injunction.

Section 33.2

Schedule

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 53 of the statutes of 1974, in force on 31 December 1977, is repealed, except sections 42 to 44, effective from the coming into

Schedule

04

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Source record from www.legisquebec.gouv.qc.ca · Enacted 1974 · Source version 10 Jun 2026

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Showing 69 of 69 provisions

Provision 44Repeal 17Offence 7Substitution
§ 1Section 1Provision

This section defines several terms used in the Act, including licence, regulation, carrier, president, officer, establishment, and principal establishment.

1. In this Act, unless the context indicates a different meaning, the following words mean: (a) “licence”: a licence issued under this Act; (b) “regulation”: a regulation made under this Act; (c) “carrier”: any person, partnership or association carrying on a commercial passenger transport enterprise; (d) “president”: the president of the Office de la protection du consommateur; (e) “officer”: a director, a partner, a person exercising duties of management and any person who actually exercises one of those functions on account of an association, a partnership or a person; (f) “establishment”: business premises separate from any other, equipped with self-contained installations and situated in Québec; (g) “principal establishment”: the establishment in which the operations of the licensee are principally performed. 1974, c. 53, s. 1; 1977, c. 57, s. 1; 1979, c. 77, s. 28; 1981, c. 10, s. 16; 1981, c. 23, s. 3; 1997, c. 9, s. 10; 1999, c. 40, s. 11; 2002, c. 55, s. 1; 2009, c. 51, s. 21.
§ 2Section 2Provision

This section defines “travel agent” for the Act.

2. For the purposes of this Act, a travel agent is a person, a partnership or an association that, on account of a third party or on account of its members, engages in or offers to engage in or issues vouchers for or offers to issue vouchers for any of the following operations: (a) the booking or reservation of lodging accommodation; (b) the booking or reservation of transportation services; (c) the arranging of travel services. 1974, c. 53, s. 2; 1977, c. 57, s. 2; 1999, c. 40, s. 11; 2002, c. 55, s. 2.
§ 3Section 3Provision

This section says the Act does not apply to several listed travel-related and related business activities, and it also excludes some short-trip or no-remuneration travel-agent operations.

3. This Act does not apply to (a) persons or bodies that operate a tourist accommodation establishment governed by the Tourist Accommodation Act (chapter H-1.01) and that offer tourist services in Québec accessory to the operation of the establishment in accordance with any requirements that may be prescribed by regulation; (b) persons or bodies organizing adventure travel in Québec and offering other tourist services in Québec that are accessory to the operation of the enterprise in accordance with any requirements that may be prescribed by regulation; (c) carriers as regards the renting or reservation of their transportation services; (d) outfitters as regards the outfitters’ activities governed by the Act respecting the conservation and development of wildlife (chapter C-61.1) or the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1); (e) holders of a real estate broker’s or real estate agency licence issued under the Real Estate Brokerage Act (chapter C-73.2) for a brokerage transaction governed by that Act. Nor does this Act apply (a) where the operations of a travel agent are performed occasionally and exclusively in Québec by an association, a partnership or a legal person on account of its members for trips lasting no longer than 72 hours or, in other cases, for trips lasting no longer than 48 hours; (b) where the person or body that performs the operations proper to a travel agent receives no form of remuneration and there is no expenditure, participation or contribution on the part of the beneficiary in relation to such operations; (c) in the other cases or on the other conditions determined by regulation. 1974, c. 53, s. 3; 1977, c. 57, s. 3; 2002, c. 55, s. 2; 2009, c. 51, s. 22; 2018, c. 23, s. 716; 2021, c. 30, s. 45.
§ 4Section 4Provision

4. No person shall perform the operations of travel agent, assume the title of travel agent or represent that he is a travel agent unless he holds a licence in force for such purpose or unless a licence is issued to a natural person on its

4. No person shall perform the operations of travel agent, assume the title of travel agent or represent that he is a travel agent unless he holds a licence in force for such purpose or unless a licence is issued to a natural person on its behalf. However, a travel counsellor who is in the employ of a travel agent or has entered into an exclusive service contract with a travel agent may engage in the operations referred to in section 2 and deal with clients if the counsellor holds a certificate issued for that purpose by the Office de la protection du consommateur and meets the conditions prescribed by regulation. Any other natural person may engage in such operations on account of a travel agent, without holding a licence or certificate issued to that effect, if the person does not deal with clients When acting outside the travel agent’s establishment, a person referred to in the second or third paragraph must be able to produce proof of capacity on request. 1974, c. 53, s. 4; 1977, c. 57, s. 4; 1997, c. 43, s. 875; 1999, c. 40, s. 11; 2002, c. 55, s. 3; 2009, c. 51, s. 24.
§ 4.1Section 4.1Provision

A person may apply to have a contract annulled if it was entered into with an unlicensed travel agent.

4.1. A person may apply for the annulment of a contract entered into with any person or body acting as a travel agent without a licence. 2002, c. 55, s. 4.
Section 4.1Verify source
§ 5Section 5Repeal

Section 5 is repealed.

5. (Repealed). 1974, c. 53, s. 5; 1997, c. 9, s. 11; 2002, c. 55, s. 5; 2009, c. 51, s. 25.
§ 6Section 6Provision

A licence must be issued in the name of a natural person, and that person must be of full age.

6. Every licence shall be issued in the name of a natural person, on his account, on behalf of another natural person or on behalf of an association, partnership or legal person. Such person must be of full age. If the licence is applied for on his own account, the person must also establish and maintain a principal establishment. In other cases, the association, partnership or person on whose behalf the licence is applied for must establish and maintain a principal establishment. 1974, c. 53, s. 6; 1977, c. 57, s. 5; 1997, c. 9, s. 12; 1999, c. 40, s. 11; 2002, c. 55, s. 6.
§ 7Section 7Provision

A person may not hold more than one licence. If a travel agent operates more than one establishment, a duplicate licence must be obtained for each establishment.

7. The same person shall not hold more than one licence. If a travel agent operates more than one establishment, a duplicate of the licence issued on account of that agent or on behalf of an association, partnership or person must be obtained for each establishment. 1974, c. 53, s. 7; 1977, c. 57, s. 6; 2002, c. 55, s. 7; 2009, c. 51, s. 26.
§ 8Section 8Provision

A licence applicant acting for an association, partnership, or other person must be authorized in writing, prove the mandate, and have management duties at the principal establishment; an individual applicant must mainly operate as a travel agent at the principal establishment tied to the licence.

8. Every person applying for a licence on behalf of an association, partnership or person must be authorized in writing, show proof of his mandate and have, as principal activity, the exercise of duties of management at the principal establishment of the association, partnership or person on whose behalf he applies for the licence. Every natural person applying for a licence on his own account must perform, as his principal activity, the operations of a travel agent at the principal establishment corresponding to the licence. 1974, c. 53, s. 8; 1977, c. 57, s. 7; 1997, c. 9, s. 13; 1999, c. 40, s. 11; 2002, c. 55, s. 8; 2009, c. 51, s. 27.
§ 9Section 9Provision

A licence applicant must send the application to the president in the prescribed form, with the required documents and prescribed duties.

9. Every person who applies for a licence must send his application to the president in the form prescribed by the regulations, together with the documents and the payment of the duties prescribed by the regulations. 1974, c. 53, s. 9; 1981, c. 23, s. 4.
§ 10Section 10Provision

A licence must not be issued if the applicant or related persons are a prête-nom, have recent bankruptcy linked to listed operations, or have certain fraud-related findings; the president may still issue a licence despite a qualifying bankruptcy if it is unrelated to travel-agent operations.

10. No licence shall be issued (a) if the applicant, or the association, partnership or person on whose behalf he applies for the licence is a prête-nom for another person, association or partnership; (b) if the applicant or, as the case may be, the association, partnership or person on whose behalf he applies for the licence, has performed one of the operations listed in section 2 and has become bankrupt in the course of the five preceding years, or has been found guilty of fraud, forgery or fraudulent operations in any contractual or commercial matter; (c) if the applicant has been an officer of an association, partnership or legal person which has performed one of the operations listed in section 2 and which has become bankrupt in the course of the five preceding years, or which has been found guilty of fraud, forgery or fraudulent operations in any contractual or commercial matter; (d) if an officer of an association, partnership or legal person on whose behalf the licence is applied for has been an officer of an association, partnership or legal person which has performed one of the operations listed in section 2 and which has become bankrupt in the course of the five preceding years, or which has been found guilty of fraud, forgery or fraudulent operations in any contractual or commercial matter; (e) if an officer of an association, partnership or legal person on whose behalf the licence is applied for has performed one of the operations listed in section 2 and has become bankrupt in the course of the five preceding years, or has been found guilty of fraud, forgery or fraudulent operations in any contractual or commercial matter. However, the president may issue a licence notwithstanding a bankruptcy within the meaning of the first paragraph if the president considers that the bankruptcy is not related to operations proper to a travel agent. 1974, c. 53, s. 10; 1977, c. 57, s. 8; 1999, c. 40, s. 11; 2002, c. 55, s. 9.
Section 10Verify source
§ 11Section 11Provision

The president must issue the licence if the stated conditions are met, may order inquiries for any application, and remains the owner of the issued licence.

11. The president shall issue the licence if the applicant and, where such is the case, the association, partnership or person on whose behalf he is applying for a licence, fulfils the conditions prescribed by this Act and the regulations. The president remains the owner of the licence so issued and may resume possession thereof upon its suspension, cancellation or non-renewal. The president may, in respect of any application, have any inquiry made that he believes necessary. 1974, c. 53, s. 11; 1977, c. 57, s. 9; 1981, c. 23, s. 4; 1999, c. 40, s. 11; 2002, c. 55, s. 10.
Section 11Verify source
§ 11.1Section 11.1Provision

The president may authorize a licence transfer to another person in specified cases. Transfer applications must be sent to the president within the stated deadlines, and temporary transfers are allowed only if the application meets the timing and regulatory requirements.

11.1. The president may authorize the transfer of a licence to another person in the case of the death, resignation or dismissal of the licensee or if the licensee no longer satisfies the requirements necessary to hold the licence. An application for the transfer of a licence must be transmitted to the president within 10 days of the event giving rise thereto or, where applicable, within three months of the date of acceptance of an application for a temporary transfer. A licence may be transferred temporarily upon an application transmitted to the president within ten days of the event giving rise thereto in accordance with the requirements prescribed by regulation. 2002, c. 55, s. 11.
Section 11.1Verify source
§ 12Section 12Offence

The president may suspend, cancel, or refuse to issue or renew a licence if the applicant, licensee, or related person meets specified disqualifying conditions.

12. The president may suspend, cancel or refuse to issue or to renew a licence where the applicant or the licensee, or where the association, partnership or person on whose account or on whose behalf the licence is applied for or is held (a) is guilty of an offence against this Act or the regulations; (b) no longer fulfils the conditions required for obtaining a licence; (c) made a false declaration or untrue statement of a material fact to obtain a licence; (d) does not comply with a voluntary undertaking made under section 314 of the Consumer Protection Act (chapter P-40.1) or whose application has been extended by an order under section 315.1 of that Act. 1974, c. 53, s. 12; 1977, c. 57, s. 10; 1981, c. 23, s. 4; 2002, c. 55, s. 12; 2009, c. 51, s. 28.
Section 12Verify source
§ 12.1Section 12.1Provision

The president may suspend, cancel, or refuse to issue or renew a licence if specified financial, public-interest, or compliance conditions are not met.

12.1. The president may also suspend, cancel or refuse to issue or to renew a licence (a) if the association, partnership or person on whose account or on whose behalf the licence is applied for or is held do not prove that their financial position enables them to meet the obligations arising from the operations proper to a travel agent; (b) if the president has reasonable grounds to believe that the association, partnership or person on whose account or on whose behalf the licence is applied for or is held is unable to ensure, in the public interest, that the operations proper to a travel agent will be performed with honesty and competence; (c) if the association, partnership or person on whose account or on whose behalf the licence is held has failed to comply with an obligation imposed by this Act or the regulations. 2002, c. 55, s. 13.
Section 12.1Verify source
§ 13Section 13Provision

Before cancelling, suspending, or refusing to issue or renew a licence, the president must give written notice, allow at least 10 days for observations, and then notify the decision in writing with reasons.

13. The president shall, before cancelling, suspending or refusing to issue or renew a licence, notify in writing the applicant or the licensee, and the association, partnership or person on whose behalf the licence is applied for or is held, as prescribed by section 5 of the Act respecting administrative justice (chapter J‐3) and allow them at least 10 days to present observations. The president shall also notify his decision in writing and give reasons. 1974, c. 53, s. 13; 1981, c. 23, s. 4; 1997, c. 43, s. 21; 1999, c. 40, s. 11; 2002, c. 55, s. 14.
Section 13Verify source
§ 13.1Section 13.1Repeal

A licence stops being effective when specified bankruptcy, winding-up, closure, or licence-holder transfer conditions occur.

13.1. A licence shall cease to have effect from such time as the travel agent becomes bankrupt or, as the case may be, (a) its charter is repealed or cancelled or it expires; (b) its powers as a legal person are revoked; (c) it adopts a resolution directing its own winding-up; (d) a winding-up order is rendered against it by any competent court; (e) the travel agent or licensee recognizes the permanent closing of his or its principal establishment. The licence of a licensee who is deceased, has resigned or has been dismissed or who no longer satisfies the requirements necessary to be the holder of the licence ceases to have effect if no application for the transfer of the licence has been transmitted to the president before either of the following dates: (a) the eleventh day following the date of the event giving rise to the transfer application; (b) the day occurring three months after the date of acceptance of an application for a temporary transfer, where applicable. 1977, c. 57, s. 11; 1997, c. 9, s. 14; 1999, c. 40, s. 11; 2002, c. 55, s. 15.
Section 13.1Verify source
§ 13.2Section 13.2Substitution

Certain persons may contest the president’s decision before the Administrative Tribunal of Québec within 30 days after notification.

13.2. Any person referred to in section 13 and in section 11.8 of the Regulation respecting travel agents (chapter A-10, r. 1) may, within 30 days of notification of the president’s decision, contest the decision before the Administrative Tribunal of Québec. When assessing the facts or the law, the Tribunal shall not substitute its assessment of the public interest for the assessment made by the president, pursuant to paragraph b of section 12.1, before he made his decision. 1974, c. 53, s. 17; 1981, c. 23, s. 4; 1988, c. 21, s. 66; 1997, c. 9, s. 15; 1997, c. 43, s. 23; 2002, c. 55, s. 19; 2017, c. 24, s. 69.
Section 13.2Verify source
§ 14Section 14Provision

The president may appoint a provisional administrator for certain travel-agent businesses, including when a licence is cancelled, suspended, not renewed, or operated without a licence.

14. The president may appoint a provisional administrator to temporarily manage or terminate the current business (a) of a travel agent in whose respect the licence is cancelled, suspended or not renewed; (b) of a travel agent that no longer meets the requirements prescribed by this Act or by regulation for obtaining a licence; (c) of a travel agent that does not respect the obligations prescribed by this Act or by regulation; (d) of a travel agent where the president considers that the situation requires it so as not to jeopardize the rights of the travel agent’s clients; (e) of a person acting as a travel agent without a licence. 1974, c. 53, s. 14; 1981, c. 23, s. 4; 1999, c. 40, s. 11; 2002, c. 55, s. 16.
Section 14Verify source
§ 14.1Section 14.1Provision

The president must let the person concerned present observations before appointing a provisional administrator.

14.1. Before appointing a provisional administrator, the president must give the person concerned an opportunity to present observations. However, in an urgent situation, the president may first appoint the provisional administrator, provided that the person concerned is allowed at least 10 days to present observations. 2002, c. 55, s. 16.
Section 14.1Verify source
§ 14.2Section 14.2Provision

A decision appointing a provisional administrator must state the reasons, and the president must notify the person concerned in writing.

14.2. The decision to appoint a provisional administrator must state the reasons therefor and the president shall notify the person concerned of the decision in writing. 2002, c. 55, s. 16.
Section 14.2Verify source
§ 14.3Section 14.3Provision

The provisional administrator has the powers needed to carry out his mandate, subject to any restrictions in that mandate.

14.3. The provisional administrator shall have the necessary powers to exercise his mandate. Subject to the restrictions included in his mandate, he may, of his own initiative, in particular, (a) take possession of the funds held in trust or otherwise by the travel agent, the person who acted as a travel agent without a licence or for either of them; (b) commit the said funds to carry out the mandate entrusted to him by the president and enter into such contracts as are necessary for that purpose; (c) assign, transfer or otherwise dispose of travel contracts; (d) transact upon any claim by a client for the performance of a travel contract against a travel agent or the person who acted as a travel agent without a licence; (e) sue for the purposes of the carrying out of his mandate. 2002, c. 55, s. 16.
Section 14.3Verify source
§ 14.4Section 14.4Provision

The provisional administrator cannot be sued for acts done in good faith while exercising his functions.

14.4. In no case may the provisional administrator be sued by reason of acts performed in good faith in the exercise of his functions. 2002, c. 55, s. 16.
Section 14.4Verify source
§ 14.5Section 14.5Provision

On request, specified travel-agent-related persons must hand over current records and allow the provisional administrator access to premises or equipment.

14.5. A holder of a travel agent’s licence, an officer of the association, partnership or legal person on whose account or on whose behalf a travel agent’s licence is issued, or a person acting as a travel agent without a licence must, on request, hand over to the provisional administrator any current document, book, register or account relating to the operations proper to a travel agent and give him access to any premises or equipment. 2002, c. 55, s. 16.
Section 14.5Verify source
§ 15Section 15Provision

A bank or deposit-taking institution holding a travel agent’s trust account must not let money be withdrawn or paid out after notice from a provisional administrator, unless the administrator gives written authorization.

15. No chartered bank of Canada or other institution authorized by law to receive deposits that is the depositary of a trust account of a travel agent in whose respect the licence issued on account or on behalf of the travel agent has been cancelled, suspended or not renewed or the administration of whose current business has been temporarily conferred on a provisional administrator, may, after a notice to that effect is served by the provisional administrator, effect any withdrawal or payment on the said trust account, except with the written authorization of the provisional administrator. 1974, c. 53, s. 15; 1997, c. 43, s. 22; 1999, c. 40, s. 11; 2002, c. 55, s. 17.
Section 15Verify source
§ 16Section 16Provision

Travel agents, and people who acted as travel agents without a licence, are charged with the administrative expenses and provisional administrator’s fees, which become payable when approved by the president.

16. The administrative expenses and the fees of the provisional administrator fall upon the travel agent or the person who acted as a travel agent without a licence and become payable on being approved by the president. Failing payment by the travel agent, and after discussion of his property, they shall be paid out of the individual security of the travel agent or the fund referred to in subparagraphs c and c.1 of the first paragraph of section 36. 1974, c. 53, s. 16; 1977, c. 57, s. 13; 1981, c. 23, s. 4; 1999, c. 40, s. 11; 2002, c. 55, s. 18.
Section 16Verify source
§ 17Section 17Provision

Section 17 is renumbered.

17. (Section renumbered). 1974, c. 53, s. 17; 1981, c. 23, s. 4; 1988, c. 21, s. 66; 1997, c. 9, s. 15; 1997, c. 43, s. 23; 2002, c. 55, s. 19. See section 13.2.
Section 17Verify source
§ 18Section 18Repeal

Section 18 is repealed.

18. (Repealed). 1974, c. 53, s. 18; 1981, c. 23, s. 4; 1988, c. 21, s. 66; 1997, c. 9, s. 16; 1997, c. 43, s. 24.
Section 18Verify source
§ 19Section 19Repeal

Section 19 is repealed.

19. (Repealed). 1974, c. 53, s. 19; 1981, c. 23, s. 4; 1988, c. 21, s. 66; 1997, c. 43, s. 24.
Section 19Verify source
§ 20Section 20Repeal

Section 20 is repealed.

20. (Repealed). 1974, c. 53, s. 20; 1992, c. 61, s. 41; 1997, c. 43, s. 24.
Section 20Verify source
§ 21Section 21Repeal

Section 21 is repealed.

21. (Repealed). 1974, c. 53, s. 21; 1981, c. 23, s. 4; 1988, c. 21, s. 66; 1997, c. 43, s. 24.
Section 21Verify source
§ 22Section 22Repeal

Section 22 is repealed.

22. (Repealed). 1974, c. 53, s. 22; 1988, c. 21, s. 66; 1997, c. 43, s. 24.
Section 22Verify source
§ 23Section 23Repeal

Section 23 is repealed.

23. (Repealed). 1974, c. 53, s. 23; 1997, c. 43, s. 24.
Section 23Verify source
§ 24Section 24Repeal

Section 24 is repealed.

24. (Repealed). 1974, c. 53, s. 24; 1997, c. 43, s. 24.
Section 24Verify source
§ 25Section 25Repeal

Section 25 is repealed.

25. (Repealed). 1974, c. 53, s. 25; 1997, c. 43, s. 24.
Section 25Verify source
§ 26Section 26Repeal

Section 26 is repealed.

26. (Repealed). 1974, c. 53, s. 26; 1997, c. 43, s. 24.
Section 26Verify source
§ 27Section 27Repeal

Section 27 is repealed.

27. (Repealed). 1974, c. 53, s. 27; 1997, c. 43, s. 24.
Section 27Verify source
§ 28Section 28Repeal

Section 28 is repealed.

28. (Repealed). 1974, c. 53, s. 28; 1997, c. 43, s. 24.
Section 28Verify source
§ 29Section 29Repeal

Section 29 is repealed.

29. (Repealed). 1974, c. 53, s. 29; 1997, c. 43, s. 24.
Section 29Verify source
§ 30Section 30Repeal

Section 30 is repealed.

30. (Repealed). 1974, c. 53, s. 30; 1988, c. 21, s. 66; 1997, c. 43, s. 24.
Section 30Verify source
§ 30.1Section 30.1Provision

An indemnity fund for travel-agent clients is established to guarantee indemnification or reimbursement, and it also covers administrative expenses and a provisional administrator’s fees in case of insufficient individual security.

30.1. The Fonds d’indemnisation des clients des agents de voyages, an indemnity fund for the clients of travel agents, is established to guarantee the indemnification or reimbursement of the clients of travel agents who are required to contribute to the fund in the cases and in accordance with the terms and conditions prescribed by regulation. The fund also guarantees the payment of the administrative expenses and the fees of a provisional administrator in case of a lack or insufficiency of individual security. 2017, c. 24, s. 70.
Section 30.1Verify source
§ 30.2Section 30.2Provision

30.2. The fund is made up of (a) the contributions paid by the clients of travel agents; (b) the sums recovered by the president by way of subrogation to the rights of clients who received indemnities from the fund; (c) the interest earned

30.2. The fund is made up of (a) the contributions paid by the clients of travel agents; (b) the sums recovered by the president by way of subrogation to the rights of clients who received indemnities from the fund; (c) the interest earned on the sums of money making up the fund; (d) the growth of the fund’s assets; and (e) the advances that the Minister of Finance may make to the fund in accordance with section 41.1. 2017, c. 24, s. 70.
Section 30.2Verify source
§ 30.3Section 30.3Provision

Clients of travel agents must contribute to the fund in an amount set by the regulation, subject to the regulation.

30.3. Subject to the regulation, the clients of travel agents are required to contribute to the fund an amount calculated in accordance with the regulation. 2017, c. 24, s. 70.
Section 30.3Verify source
§ 30.4Section 30.4Provision

If a travel agent transferred a client’s funds to a supplier under the prescribed trust-account conditions and the supplier fails to perform, the client cannot recover the paid amounts from the travel agent, but may seek reimbursement from the fund.

30.4. Where a travel agent has directly or indirectly transferred a client’s funds to a service supplier in accordance with the conditions prescribed by regulation as regards the deposit and withdrawal of funds held in a trust account and where the supplier has failed to fulfil his obligations, the client (a) may not exercise any recourse against the travel agent to recover the amounts paid by him to the travel agent, but may apply to the fund for reimbursement; and (b) may exercise a recourse against the travel agent or may apply directly to the fund for indemnification for the injury suffered, in accordance with the terms and conditions prescribed by regulation. 2017, c. 24, s. 70.
Section 30.4Verify source
§ 30.5Section 30.5Provision

30.5. Where, for a reason outside his control, a client is unable to avail himself of tourism services he paid for, the client may apply to the fund for reimbursement and indemnification in the cases and in accordance with the terms and

30.5. Where, for a reason outside his control, a client is unable to avail himself of tourism services he paid for, the client may apply to the fund for reimbursement and indemnification in the cases and in accordance with the terms and conditions prescribed by regulation. 2017, c. 24, s. 70.
Section 30.5Verify source
§ 30.6Section 30.6Provision

The president manages the fund’s sums and must hold them in trust.

30.6. The president is the manager of the sums making up the fund. The president shall hold those sums in trust. 2017, c. 24, s. 70.
Section 30.6Verify source
§ 30.7Section 30.7Provision

The president is subrogated to a client’s rights for sums paid by the fund and may pursue recovery from a travel agent and service supplier if the stated conditions are met. A client cannot be reimbursed or indemnified by the fund for the same damages if already reimbursed or indemnified, but may claim any difference if the amount received is less than what the fund would have paid.

30.7. The president is subrogated by operation of law to the rights of a client against a travel agent or a service supplier for the sums paid by the fund. In addition, the president may exercise a recourse against a travel agent and a service supplier to recover sums paid by the fund where (a) the service supplier failed to fulfil his obligations; (b) the fund reimbursed or indemnified the client; and (c) the travel agent committed a fault, in particular as regards the choice of the service supplier. No client of a travel agent may be reimbursed or indemnified by the fund if otherwise reimbursed or indemnified for the damages incurred. However, if the amount of the reimbursement or indemnification the client obtained is less than that which he would have obtained from the fund, the client may claim the difference from the fund. 2017, c. 24, s. 70.
Section 30.7Verify source
§ 31Section 31Provision

A travel agent must display the licence in a conspicuous place in each establishment.

31. A travel agent must display the licence issued on his account or on his behalf in a conspicuous place in each of his establishments. 1974, c. 53, s. 31; 1977, c. 57, s. 14; 1997, c. 9, s. 17; 2002, c. 55, s. 21.
Section 31Verify source
§ 32Section 32Provision

A travel agent must keep prescribed books, registers, and accounts in each establishment, and the president may require a report of operations at times and in a manner the president تعیینs.

32. A travel agent must keep in each of his establishments the books, registers and accounts prescribed by regulation; the president may require him to make a report of his operations at the times and in the manner determined by the president. 1974, c. 53, s. 32; 1981, c. 23, s. 4; 1997, c. 9, s. 18.
Section 32Verify source
§ 33Section 33Provision

A travel agent who collects funds on behalf of other persons must hold them in trust, deposit them in a trust account opened in Québec, and follow the prescribed deposit and withdrawal conditions.

33. The funds collected by a travel agent on account of other persons shall be transferred in trust. In such a case the travel agent shall act as trustee; the travel agent must deposit and maintain the funds in a trust account opened in Québec and comply with the conditions prescribed by regulation for the deposit and withdrawal of such funds. The funds collected by a travel agent and which must be deposited in a trust account are deemed to be held in trust by the travel agent and an amount equal to the aggregate of the funds deemed held in trust must be considered as constituting a separate fund not forming part of the property of the travel agent or of the officers of the travel agent, whether or not the amount was kept distinctly and separately from the own funds of the travel agent or of the officers of the travel agent or from the mass of their property. 1974, c. 53, s. 33; 1997, c. 9, s. 19; 1999, c. 40, s. 11; 2002, c. 55, s. 22.
Section 33Verify source
§ 33.1Section 33.1Provision

A director of the legal person tied to a travel agent’s licence is jointly liable for amounts that must be deposited in a trust account, unless the director proves good faith.

33.1. Every director of a legal person on whose behalf a travel agent’s licence is issued is solidarily liable, with the licensee and the legal person, for the amounts which must be deposited in a trust account, unless the director proves that he acted in good faith. 2002, c. 55, s. 23.
Section 33.1Verify source
§ 33.2Section 33.2Provision

If the president reasonably believes trust-account money may be withdrawn contrary to prescribed regulations, the president may seek an injunction.

33.2. Where the president has reasonable grounds to believe that amounts that must be held in a trust account may be withdrawn otherwise than in accordance with the conditions prescribed by regulation, he may apply for an injunction ordering any person in Québec having the deposit, control or custody of such amounts to hold them in trust for the period and on the conditions determined by the court. 2002, c. 55, s. 23.
Section 33.2Verify source
§ 34Section 34Provision

Inspectors must be appointed in accordance with the Public Service Act to see to the application of this Act.

34. To see to the application of this Act, inspectors shall be appointed in accordance with the Public Service Act (chapter F-3.1.1). 1974, c. 53, s. 34; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 2000, c. 8, s. 242.
Section 34Verify source
§ 34.1Section 34.1Provision

The president may temporarily employ any person needed to make an inquiry into the application of the Act.

34.1. The president may temporarily employ any person necessary to make an inquiry into the application of this Act. 1977, c. 57, s. 15; 1981, c. 23, s. 4.
Section 34.1Verify source
§ 35Section 35Provision

Inspectors may enter a travel agent’s establishment at a reasonable time, inspect relevant records, and make notes or copies; record custodians must provide the records and help with inspection if required.

35. Every inspector may, in the performance of his duties, enter at any reasonable time any establishment of a travel agent, examine any document, book, register or account containing information relating to the operations proper to a travel agent and make a note or a copy of it. Every person having the custody, possession or control of a document, book, register or account contemplated in the first paragraph must, if so required, give communication thereof to the inspector and facilitate his examination of the same. 1974, c. 53, s. 35; 1977, c. 57, s. 16; 1981, c. 23, s. 4; 1986, c. 95, s. 12; 1997, c. 9, s. 20; 2002, c. 55, s. 24.
Section 35Verify source
§ 35.1Section 35.1Provision

Inspectors and persons investigating at the president’s request may require information from a travel agent or someone representing themselves as one, if acting in the performance of their duties.

35.1. Every inspector and every person making an inquiry at the request of the president may, in the performance of his duties, require of a travel agent or of any person representing that he is a travel agent any information relating to the administration of this Act. 1986, c. 95, s. 12.
Section 35.1Verify source
§ 35.2Section 35.2Provision

On request, the inspector or investigator must identify himself and produce a certificate of capacity signed by the president.

35.2. The inspector or investigator shall, on request, identify himself and produce a certificate of his capacity signed by the president. 1986, c. 95, s. 12.
Section 35.2Verify source
§ 36Section 36Offence

The Government may make regulations for travel agents and related certificates, fees, security, standards, exemptions, and offences.

36. The Government may make regulations: (a) to establish classes of travel agent licences; (b) to prescribe the terms and conditions of issue, maintenance, suspension, transfer or cancellation of a licence, the qualifications required of a person applying for a licence, the conditions to be met and the duties to be paid by that person, and the duties payable for the transfer of a licence or the amalgamation of two travel agents; (b.1) to prescribe the terms and conditions of issue, renewal, suspension or cancellation of a travel counsellor certificate, and the qualifications required of a person applying for a certificate, as well as the conditions to be met and the duties to be paid by that person; (b.2) to prescribe the terms and conditions of issue, renewal, suspension or cancellation of a travel agency manager certificate, the qualifications required of a person applying for a certificate, and the conditions to be met and the duties to be paid by that person; (b.3) to determine the cost of the examination a person applying for a travel counsellor certificate or a travel agency manager certificate must pass; (c) to require individual security of a travel agent, prescribe the amount and the form and determine the cases and the terms and conditions of collection, payment, administration and use of that security; (c.1) to prescribe the rules for establishing the amount of the contribution to be paid into the Fonds d’indemnisation des clients des agents de voyages and determine the cases and the terms and conditions of collection, payment, administration and use of the fund, in particular to set a maximum amount, per client or event, that may be paid out of the fund; (c.2) to prescribe, with respect to any indemnity fund established under subparagraph c.1, that the investment income on the sums accrued in the fund may be used by the Office de la protection du consommateur, on the terms and conditions the Government determines, to inform and educate clients with respect to their rights and obligations under the Acts whose application is under the supervision of the Office; (d) to exempt any travel agent indicated by him from the obligation imposed in section 33, provided he deposits the security determined by regulation; (e) to prescribe standards relating to any advertising made by a travel agent or by a third party for such travel agent; (f) to determine what professions, occupations, activities, enterprises, charges or functions are inconsistent with the operations of a travel agent; (g) to prescribe the conditions respecting the deposit and withdrawal of the funds a travel agent must transfer in trust and deposit in a trust account; (h) to prescribe the documents, books, registers and accounts travel agents or the classes of travel agents it may indicate, must keep; (i) to prescribe standards respecting the protection of the customers of a travel agent; (j) to prescribe standards for the exercise of the management duties provided for in section 8; (k) to prescribe standards for the maintenance of a principal establishment or any other establishment; (l) to prescribe the obligations applicable to travel agents; (m) to establish an advisory committee and determine its composition and functions; (n) to exempt from or subject to the application of all or part of this Act, in the cases and on the conditions determined by the Government, persons, operations or tourist services, or to modify the list of exceptions provided for in section 3; (o) to determine the nature of the accessory tourist services or the number or maximum value of such services that may be offered by the operator of a tourist accommodation establishment or an organizer of adventure travel, or to determine criteria on the basis of which that number or value may vary according to classes of operators or organizers; (p) to determine among the regulatory provisions those the contravention of which constitutes an offence. The regulatory standards adopted under subparagraphs c, c.1 and l of the first paragraph may vary according to the class of travel agent or within the same class, according to the volume of business, the number of establishments, the type of activity, the cost of the services offered, the experience or operations of the travel agent or according to any other actuarial criterion relating to the risk to be covered. 1974, c. 53, s. 36; 1977, c. 57, s. 17; 1997, c. 9, s. 21; 1999, c. 40, s. 11; 2002, c. 55, s. 25; 2009, c. 51, s. 29; 2017, c. 24, s. 71; 2018, c. 14, s. 23.
Section 36Verify source
§ 37Section 37Offence

A person commits an offence if they make a false declaration in a licence application, give inaccurate information to the president or an inspector, hinder a person acting under the Act or regulations, or contravene specified provisions or certain regulations.

37. Every person is guilty of an offence who: (a) makes a false declaration in an application for a licence or for the renewal of a licence; (b) supplies the president or an inspector with inaccurate information; (c) hinders or attempts to hinder in any way a person acting as required or permitted by this Act or the regulations; (d) contravenes any of sections 4, 6 to 8, 14.5, 15, 31 to 33, 35 or any provision of a regulation the contravention of which constitutes an offence. 1974, c. 53, s. 37; 1981, c. 23, s. 4; 2002, c. 55, s. 26; 2009, c. 51, s. 30.
Section 37Verify source
§ 38Section 38Offence

An officer who knew of an offence may be treated as a party to it unless the officer satisfies the court that they did not acquiesce. A person who helps, advises, encourages, or incites an offence is guilty and liable to the prescribed penalty.

38. Any officer of a legal person, partnership or association who had knowledge of an offence is deemed to be a party to the offence and is liable to the fine provided for in this Act, unless the officer establishes to the satisfaction of the court that he did not acquiesce in the commission of the offence. Any person who performs or omits to perform an act for the purpose of aiding a person to commit an offence or who advises, encourages or incites a person to commit an offence is guilty of the offence and is liable to the penalty prescribed for the offence. 1974, c. 53, s. 38; 1977, c. 57, s. 18; 1990, c. 4, s. 44; 1999, c. 40, s. 11; 2002, c. 55, s. 27.
Section 38Verify source
§ 39Section 39Offence

A person convicted of an offence against section 4 or 33 faces a fine, with different amounts for natural persons and other cases, and higher limits for a subsequent offence.

39. A person found guilty of an offence against section 4 or 33 is liable, (a) in the case of a natural person, to a fine of $600 to $15,000; or (b) in any other case, to a fine of $2,000 to $100,000. For a subsequent offence, the offender is liable to a fine with minimum and maximum limits twice as high as those prescribed in subparagraph a or b of the first paragraph, as applicable. 1974, c. 53, s. 39; 1977, c. 57, s. 19; 1990, c. 4, s. 45; 1992, c. 58, s. 7; 2002, c. 55, s. 28; 2017, c. 24, s. 72.
Section 39Verify source
§ 40Section 40Offence

A person convicted of an offence other than one under section 39 is liable to a fine, with different amounts for natural persons and others; a subsequent offence carries doubled minimum and maximum limits.

40. A person found guilty of an offence other than an offence under section 39 is liable, (a) in the case of a natural person, to a fine of $600 to $6,000; or (b) in any other case, to a fine of $1,000 to $40,000. For a subsequent offence, the offender is liable to a fine with minimum and maximum limits twice as high as those prescribed in subparagraph a or b of the first paragraph, as applicable. 1974, c. 53, s. 40; 1990, c. 4, s. 46; 1992, c. 58, s. 8; 2002, c. 55, s. 29; 2017, c. 24, s. 73.
Section 40Verify source
§ 40.1Section 40.1Offence

Penal proceedings for an offence under this Act are prescribed two years after the offence is committed.

40.1. Penal proceedings for an offence under this Act are prescribed two years after the date on which the offence is committed. 2009, c. 51, s. 31.
Section 40.1Verify source
§ 41Section 41Repeal

Section 41 is repealed.

41. (Repealed). 1974, c. 53, s. 41; 1990, c. 4, s. 47; 1992, c. 61, s. 43.
Section 41Verify source
§ 41.1Section 41.1Provision

The manager of the Fonds d’indemnisation des clients des agents de voyages may borrow sums from the Minister of Finance from a specified financing fund. The Minister of Finance may also advance sums from the Consolidated Revenue Fund, if the Government authorizes it and subject to conditions the Minister determines.

41.1. The manager of the Fonds d’indemnisation des clients des agents de voyages may borrow from the Minister of Finance sums taken out of the financing fund established under the Act respecting the Ministère des Finances (chapter M-24.01). The Minister of Finance may, with the authorization of the Government and subject to the conditions it determines, advance to such a fund sums taken out of the Consolidated Revenue Fund. 2002, c. 55, s. 30; 2017, c. 24, s. 74.
Section 41.1Verify source
§ 42Section 42Provision

The minister responsible for the Consumer Protection Act administers this Act.

42. The Minister responsible for the Consumer Protection Act (chapter P-40.1) is responsible for the administration of this Act. 1981, c. 23, s. 5; 1994, c. 12, s. 69; 1996, c. 21, s. 31; 2005, c. 24, s. 20.
Section 42Verify source
§ 43Section 43Provision

The Office de la protection du consommateur must supervise the carrying out of this Act.

43. The Office de la protection du consommateur shall supervise the carrying out of this Act. 1981, c. 23, s. 5.
Section 43Verify source
§ 44Section 44Provision

Section 44 states that it ceased to have effect on 17 April 1987.

44. (This section ceased to have effect on 17 April 1987). 1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
Section 44Verify source
§ —ScheduleRepeal

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 53 of the statutes of 1974, in force on 31 December 1977, is repealed, except sections 42 to 44, effective from the coming into

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 53 of the statutes of 1974, in force on 31 December 1977, is repealed, except sections 42 to 44, effective from the coming into force of chapter A-10 of the Revised Statutes.

Legislative relationships

2 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

  • Consumer Protection Act

    Section 12
  • Finance sums taken out of the financing fund established under the Act

    Section 41.1

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  • 10 Jun 2026 · currentEnglish

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