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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 806/96

Tourist Establishment Regulations
under the
Tourist Establishments Act
(O.C. 96-238)

Under the authority of the Tourist Establishments Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Tourist Establishment Regulations .

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Definitions

        2. In these regulations

             (a)  "Act" means the Tourist Establishments Act ;

             (b)  "Canada Select Program" means a system of classification, together with the rating of tourist establishments of the type specified in these regulations, through an inspections program independently administered by and under the direction of the Newfoundland and Labrador Accommodations Rating Council based on the extent and quality of facilities, services and guest amenities provided at those tourist establishments;

             (c)  "fishing camp" means a cabin or tent camp of one or more units used for the purpose of catering to sport fishers;

             (d)  "guest" means the person who contracts for lodging in a tourist establishment and includes all members of the party;

             (e)  "hunting camp" means a cabin or tent camp of one or more units used for the purpose of catering to hunters;

              (f)  "inspector" means a person vested with authority by the minister to conduct inspections of tourist establishments under these regulations;

             (g)  "licence" means a valid licence issued under these regulations to operate a tourist establishment;

             (h)  "licence issuer" means a person authorized by the minister to issue licences;

              (i)  "operator" means the owner or lessee of a tourist establishment or the resident manager or other person in charge of the establishment;

              (j)  "private bathroom" means a bathroom attached to a rental unit for the exclusive use of the guests of the rental unit;

             (k)  "register" means the register of persons lodged in a tourist establishment;

              (l)  "rental unit" means the cabin, cottage, room or portion of a tourist establishment assigned to the exclusive use of a guest;

            (m)  "tent" includes every kind of temporary shelter for sleeping;

             (n)  "tent camp" means a camp located in the interior of the province and used for the purpose of catering to hunters, sport fishers or travel parties or a combination;

             (o)  "tourist establishment" includes a cabin, cottage, hotel, motel, motor hotel, inn, tourist home, tourist information centre, hospitality home, tour company and trailer establishment, and a camp, cabin, tent camp or other premises erected or used for the purpose of catering to hunters and sport fishers, and a boat on which food and overnight accommodation is provided for hunters, sport fishers or travel parties;

             (p)  "trailer establishment" means a commercial establishment comprising land used or maintained as sites for tents, tent trailers, travel trailers, pick-up campers or other recreational vehicles providing sleeping accommodation whether or not there is a charge made for the use of the ground so used in camping or parking, residential trailer parks are not included; and

             (q)  "trailer lot" means the portion of a trailer establishment that is to be occupied by a tent or trailer.

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Condition of licence

        3. A tourist establishment shall not be licensed unless the establishment has attained and continues to hold the minimum one star rating according to the criteria of the Canada Select Program.

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Licence required

        4. A person, other than the holder of a licence issued and valid under these regulations, shall not operate a tourist establishment in the province.

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Licence issuer

        5. The minister may authorize a person to issue a licence.

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Approval for licence

        6. (1) An applicant for a licence or for renewal of a licence shall

             (a)  make application in duplicate in a form acceptable to the minister;

             (b)  file the application in duplicate with the proper licence issuer;

             (c)  file with the minister the rate schedule referred to in section 14; and

             (d)  furnish the minister with written confirmation that the tourist establishment in respect of which the application is made has attained and continues to hold the minimum one star rating according to the criteria of the Canada Select Program.

             (2)  An application for renewal of licence shall be made within the time period prescribed on the licence.

             (3)  A licence issuer shall, subject to subsections 7(1) and 8(1)

             (a)  issue to the applicant a licence in a form acceptable to the minister; and

             (b)  immediately transmit to the minister a copy of the application referred to in subsection (1) and a copy of the licence.

             (4)  A licence is valid for the establishment named in the licence at the location named in the licence for the period stated in the licence unless the licence is suspended or cancelled.

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Refusal to issue licence

        7. (1) Where a licence issuer reasonably believes that the tourist establishment in respect of which an application is made does not comply with these regulations or another law, regulation or by-law applicable to the establishment, the issuer shall refuse the licence.

             (2)  The licence issuer shall

             (a)  within 24 hours after refusal to issue the licence transmit to the minister

                      (i)  the application, and

                     (ii)  a report setting out the reasons for the refusal to issue the licence; and

             (b)  within 5 days after refusal to issue the licence the licence issuer shall transmit to the applicant by registered mail a copy of the report setting out the reason for the refusal.

             (3)  The minister may, after affording the applicant an opportunity to show cause why a licence should be issued, direct the licence issuer to issue the licence.

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Suspension and cancellation of licences

        8. (1) Where an operator violates the provisions of these regulations, the licence issuer may suspend, cancel or refuse to renew the licence and shall transmit immediately to the minister and the operator a report setting out the reasons for the suspension, cancellation or non-renewal.

             (2)  Upon a licence being cancelled, the licence issuer shall insert notice of the cancellation in a newspaper circulating in the area where the tourist establishment is located.

             (3)  The minister may, on the terms and conditions he or she considers advisable, order the renewal, restoration or lifting of a suspension of a licence which has not been renewed or restored or which has been suspended or cancelled under this section upon being satisfied that the renewal, restoration or raising of a suspension would not be contrary to the public interest.

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Registration of persons accommodated

        9. (1) Each operator shall maintain and shall keep in the office or receiving room of the tourist establishment in a form to be approved by the minister

             (a)  a permanently bound register; or

             (b)  a consecutively numbered card register of persons accommodated in the establishment.

             (2)  Each person lodged in a tourist establishment shall enter in the register maintained for that establishment

             (a)  their name and permanent address; and

             (b)  the name and permanent address of each person travelling in the party and accommodated in the establishment who does not register separately.

             (3)  The operator shall enter in the register maintained for the tourist establishment

             (a)  the name or number of the rental unit occupied by each person accommodated in the tourist establishment; and

             (b)  the date of arrival and departure of each person so accommodated.

             (4)  The operator of a tourist establishment shall preserve in the register maintained for that tourist establishment each entry made in the register for a period of at least one year from the date of the last entry made in that register.

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Duties of operator

     10. (1) An operator shall have in attendance at all times during the operation of the establishment at least one competent adult.

             (2)  An operator shall

             (a)  number or name each rental unit;

             (b)  keep posted in each rental unit a notice specifying the rates charged for the rental unit;

             (c)  at the request of an inspector or police officer, produce for inspection any register, licence, notice or insignia required under the Act or these regulations;

             (d)  display the licence in that part of the establishment in which the register is kept; and

             (e)  provide first aid equipment and maintain it ready for immediate use.

             (3)  Where the operator provides boats, canoes or other water craft for the use of guests, the operator shall

             (a)  maintain the boats, canoes and water craft in good repair and in a clean and safe condition;

             (b)  maintain in good repair all wharves, docks, landing places and boat houses on or used in conjunction with the establishment;

             (c)  mark and keep marked on each boat, canoe or other water craft in a conspicuous place and the safe carrying capacity of the boat, canoe or other water craft;

             (d)  provide, for the use of the guest, life preservers to equal the passenger capacity of each water craft provided for the use of guests; and

             (e)  comply with the Small Vessel Regulations under the Canada Shipping Act.

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Trailer lots

     11. (1) Trailer lots shall be arranged in a form approved by the minister and shall be

             (a)  so constructed that automobiles and trailers shall not become mired; and

             (b)  clearly marked.

             (2)  The main entrance to a trailer establishment shall be adequately lighted from sunset to sunrise.

             (3)  Trailer lots shall be accessible by means of a driveway which shall be

             (a)  so constructed that automobiles and trailers shall not become mired; and

             (b)  at least 6 metres wide.

             (4)  Each trailer lot shall have an area of at least 120 square metres of land.

             (5)  A trailer establishment shall have an emergency exit.

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Hunter camp

     12. (1) Every cabin camp or tent camp used to accommodate hunters shall have a screened shelter with watertight roof, completely fly proofed and of adequate size to take care of the hanging and cooling of the meat of animals taken by hunters before the removal of the meat from the camp whether it be a cabin camp or tent camp.

             (2)  The operator of every cabin camp or tent camp used for the purpose of catering to hunters and sport fishers shall provide at the cabin camp or tent camp a sufficient supply of clean, new materials suitable for the sanitary wrapping of all meat or fish to be transported from the cabin camp or tent camp.

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Inspection

     13. An inspector may

             (a)  enter and inspect a tourist establishment;

             (b)  make the examination and inquiry that may be necessary to ascertain whether the operator is complying with the Act and these regulations;

             (c)  during the inspection, be accompanied by a qualified medical practitioner or a building inspector, fire inspector or police officer;

             (d)  if an inspector is of the opinion that a tourist establishment is not being operated in accordance with the Act or these regulations give notice to the operator to take appropriate action in order to rectify the condition within a prescribed time period; and

             (e)  if the operator continues to violate the provisions of the Act and these regulations and has not corrected the condition referred to in paragraph (d) within the prescribed time period, suspend the tourist establishment licence until the condition has been rectified.

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Rate schedule

     14. Every applicant for a licence or for renewal of a licence shall at the time of applying file with the minister the rate schedule for the different types of accommodation provided at the establishment and the rate schedule so filed may not be increased before the expiry of the licence issued as a result of the application.

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Rates fixed

     15. From and after filing the rate schedule with the minister, an operator shall not charge for accommodation a greater amount than that shown in the rate schedule.

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Statistical reporting

     16. In addition to the duties of an operator as set out in section 10, before the tenth day of each month, the operator of a tourist establishment shall provide to the minister in a form acceptable to the minister a report on those aspects of the operation of the tourism establishment for the previous month that the minister may require.

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Repeal

      17. The Tourist Establishment Regulations, 1994, Newfoundland Regulation 143/94, are repealed.