NEWFOUNDLAND AND LABRADOR
REGULATION 89/24

Tourist Accommodations Regulations (Amendment)
under the
Tourist Accommodations Act

(Filed December 19, 2024)

Under the authority of section 11 of the Tourist Accommodations Act, I make the following regulations.

Dated at St. John’s, December 18, 2024.

Steve Crocker
Minister of Tourism, Culture, Arts and Recreation

REGULATIONS

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.2.1 Added

              Exemption – platform operator

        3.   S.3 Amdt.

              Registration – tourist accommodations

        4.   S.3.1 Added

              Registration – platform operators

        5.   S.5 R&S                

              Cancellation of registration

        6.   S.5.1 Added

              Reporting

        7.   S.6 R&S

              Disclosure of information

        8.   Commencement

NLR 27/23
as amended

        1. Paragraph 2(c) of the Tourist Accommodations Regulations is repealed.

 

        2. The regulations are amended by adding immediately after section 2 the following:

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.

 

        3. Subsection 3(1) of the regulations is repealed and the following substituted:

Registration – tourist accommodations

        3. (1) An operator shall apply to the minister to register a tourist accommodation before commencing operations.

 

        4. The regulations are amended by adding immediately after section 3 the following:

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.

 

        5. Section 5 of the regulations is repealed and the following substituted:

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.                  

 

        6. The regulations are amended by adding immediately after section 5 the following:

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.

 

        7. Section 6 of the regulations is repealed and the following substituted:

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.

Commencement

        8. These regulations come into force on the day that An Act to Amend the Tourist Accommodations Act, SNL2024 c.5 comes into force.

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