Statutes of Newfoundland and Labrador 2024 Chapter 5

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2020 cT-6.1

1. (1) Section 2 of the Tourist Accommodations Act is amended by adding immediately after paragraph (a) the following:

(a.1) "listing" means an offer made on a platform for the short-term rental of a tourist accommodation;

(2) Paragraph 2(d) of the Act is repealed.

(3) Section 2 of the Act is amended by adding immediately before paragraph (e) the following:

(d.1) "platform" means an online marketplace to facilitate or broker reservations for the short-term rental of tourist accommodations;

(d.2) "platform operator" means a person who uses a platform to facilitate or broker reservations for the short-term rental of tourist accommodations and who receives compensation in connection with a person making or completing a reservation for a short-term rental;

(d.3) "registration number" means the number assigned to a tourist accommodation or platform operator at the time of registration;

2. (1) Section 3 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) A platform operator shall not carry on business in the province unless the platform operator is registered in accordance with the regulations.

(2) Subsection 3(2) of the Act is repealed.

(3) Subsection 3(3) of the Act is amended by deleting the reference "subsection (1)" and substituting the reference "this section".

3. Section 4 of the Act is repealed and the following substituted:

Duties

4. (1) An operator shall

(a) include the registration number of a tourist accommodation in a listing;

(b) maintain records of all rentals of tourist accommodations in accordance with the regulations; and

(2) A platform operator shall

(a) ensure that the registration number of a tourist accommodation is included in each listing included on the platform operator's platform;

(b) confirm the validity of the registration number included in a listing on the platform operator's platform;

(c) remove any listing from the platform that does not include the registration number of the tourist accommodation in the listing;

(d) maintain records of all listings included on the platform operator's platform in accordance with the regulations; and

(e) prepare and submit reports to the minister in accordance with the regulations.

(3) Notwithstanding paragraphs (1)(a), (2)(a), (2)(b) and (2)(c), the minister may, by regulation, exempt

(a) an operator from paragraph (1)(a); and

(b) a platform operator or a class of platform operators from one or more of paragraphs (2)(a), (b) and (c).

4. Subsection 6(3) of the Act is amended by deleting the words "he or she" and substituting the words "the inspector".

5. Paragraphs 11(b) to (e) of the Act are repealed and the following substituted:

(b) respecting the registration of tourist accommodations and platform operators;

(d) respecting the maintenance of records for the purpose of paragraphs 4(1)(b) and 4(2)(d);

(e) respecting the preparation and submission of reports for the purpose of paragraphs 4(1)(c) and 4(2)(e);

Commencement

6. This Act, or a section or subsection comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.