jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Act, “information centre” means a place that is held out to the public as being available for or engaged in furnishing travel information to the public, whether for hire or reward or otherwise; (“centre de renseignements”) “licence issuer” means the tourist industry officer of the Ministry or other official of the Ministry designated as such by the Minister; (“délivreur de licences”) “Minister” means the Minister of Tourism and Recreation; (“ministre”) “Ministry” means the Ministry of Tourism and Recreation; (“ministère”) “operate” means have the management and control; (“exploiter”) “operator” means the resident manager or other person in charge of a tourist establishment; (“exploitant”) “regulations” means the regulations made under this Act; (“règlements”) “sleeping accommodation” includes a campsite where any facility or service is provided for the supply of water or electricity or for the disposal of garbage or sewage; (“installation d’hébergement”) “tourist establishment” means any premises operated to provide sleeping accommodation for the travelling public or sleeping accommodation for the use of the public engaging in recreational activities, and includes the services and facilities in connection with which sleeping accommodation is provided, but does not include, (a) a camp operated by a charitable corporation approved under the Charitable Institutions Act, or Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2007, chapter 8, section 231. See: 2007, c. 8, ss. 231, 232 (2). (b) a summer camp within the meaning of the regulations made under the Health Protection and Promotion Act, or (c) a club owned by its members and operated without profit or gain. (“établissement touristique”) R.S.O. 1990, c. T.16, s. 1.
Investigations
2. The Minister may by order appoint one or more persons to investigate, inquire into and report to him or her upon any matter connected with or affecting the tourist industry, including accommodation, facilities, or services offered to tourists or the advertising or publicizing thereof, or of the resources, attractions or advantages of Ontario, and, for the purposes of the investigation and inquiry, any person making the investigation has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the investigation as if it were an inquiry under that Act. R.S.O. 1990, c. T.16, s. 2.
Construction permit required
3. (1) No person shall construct a tourist establishment or make an addition to or a structural alteration in a tourist establishment except in accordance with a permit therefor issued under this Act. R.S.O. 1990, c. T.16, s. 3 (1); 1997, c. 36, s. 4 (1). Issue of permit (2) Subject to subsection (3), a person is entitled to be issued a permit for the construction of, or the making of additions to or structural alterations in, a tourist establishment upon paying the fee established by the Minister and filing with the proper licence issuer, (a) an application therefor in a form approved by the Minister; and (b) plans and specifications of the proposed tourist establishment showing that the establishment as constructed, added to or altered will comply with the requirements of this Act and the regulations and of any other law, regulation or by-law applicable to the establishment. R.S.O. 1990, c. T.16, s. 3 (2); 1997, c. 36, s. 4 (2, 3). Refusal of permit (3) A licence issuer may, after hearing the applicant, refuse to issue a permit under this section if the plans and specifications for the tourist establishment or for additions to or alterations in a tourist establishment do not comply with clause (2) (b). R.S.O. 1990, c. T.16, s. 3 (3). Expiry of permit (4) A permit under this section expires one year after the date it was issued. R.S.O. 1990, c. T.16, s. 3 (4). Plans and specifications (5) No holder of a permit shall construct a tourist establishment or make an addition to or structural alteration in a tourist establishment except in accordance with the plans and specifications in relation to which the permit was granted. R.S.O. 1990, c. T.16, s. 3 (5).
Operator’s licence required
4. (1) No person shall operate a tourist establishment except in accordance with a licence issued therefor under this Act. R.S.O. 1990, c. T.16, s. 4 (1); 1997, c. 36, s. 4 (4). Issue of licence (2) Subject to section 5, a person is entitled to be issued a licence to operate a tourist establishment upon application therefor in a form approved by the Minister to the proper licence issuer, accompanied by such information as may be prescribed by the regulations, and payment of the fee established by the Minister. R.S.O. 1990, c. T.16, s. 4 (2); 1997, c. 36, s. 4 (5). Term of licence (3) A licence issued under this section, (a) becomes effective on the 1st day of April of the year in which it is issued or the date on which it is issued, whichever is the later; and (b) expires with the 31st day of March next following unless sooner suspended or cancelled. R.S.O. 1990, c. T.16, s. 4 (3).
Refusal of licence
5. (1) A licence issuer may, after a hearing, refuse to issue a licence to operate a tourist establishment if, (a) the tourist establishment does not comply with the requirements of this Act or the regulations or any other law, regulation or by-law applicable to the establishment; (b) a licence to operate a tourist establishment was previously issued to the applicant and such licence is suspended or such licence was cancelled and the grounds for such cancellation continue to exist; or (c) the owner, lessee or operator of the establishment has been convicted of any offence for conduct that affords reasonable grounds for believing that the tourist establishment will not be operated in accordance with law and with honesty and integrity. R.S.O. 1990, c. T.16, s. 5 (1). Transmission of report, etc., to Minister and applicant (2) Within forty-eight hours after a refusal to issue a licence, the licence issuer shall transmit, (a) to the Minister, the application and a report setting forth the reasons for the refusal; and (b) to the applicant by registered mail, a copy of the report and a notification that a refund has been authorized and will be issued from the office of the Treasurer of Ontario in due course. R.S.O. 1990, c. T.16, s. 5 (2).
Renewal of licence
6. (1) Subject to section 7, the holder of a licence to operate a tourist establishment is entitled to a renewal thereof upon application therefor in a form approved by the Minister to the proper licence issuer and payment of the fee established by the Minister. R.S.O. 1990, c. T.16, s. 6 (1); 1997, c. 36, s. 4 (6). Application (2) Application for renewal of a licence to operate a tourist establishment shall be made, (a) where the establishment is operated throughout the year, before expiry of the current licence; or (b) where the establishment is operated for only part of the year, before the 15th day of May in each year. R.S.O. 1990, c. T.16, s. 6 (2). Continuation of registration pending renewal (3) Where, within the time prescribed therefor or, if no time is prescribed, prior to the expiry of the licence, a licensee has applied for renewal of a licence and paid the fee established by the Minister, the licence shall be deemed to continue, (a) until the renewal is granted; or (b) where the licensee is served with notice of a hearing by the licence issuer, until the decision of the licence issuer has become final. R.S.O. 1990, c. T.16, s. 6 (3); 1997, c. 36, s. 4 (7).
Suspension, etc., of licence
7. (1) A licence issuer may, after a hearing, refuse to renew or suspend or cancel a licence to operate a tourist establishment if, (a) the tourist establishment does not comply with the requirements of this Act or the regulations or of any other law, regulation or by-law applicable to the establishment; or (b) the owner, lessee or operator of the establishment, (i) has contravened any provision of this Act or the regulations, or (ii) has been convicted of any offence for conduct that affords reasonable grounds for believing that the tourist establishment will not be operated in accordance with law or with honesty and integrity, despite the fact that the grounds for refusal, suspension or cancellation existed at the time the licence was issued. R.S.O. 1990, c. T.16, s. 7 (1). Notice of hearing (2) A notice of a hearing under subsection (1) relating to a refusal to renew or the suspension or cancellation of a licence shall be served personally or by registered mail on the licensee and shall afford to the licensee a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the retention of the licence. R.S.O. 1990, c. T.16, s. 7 (2). Examination of documentary evidence (3) A licence issuer shall afford to an applicant or licensee who will be affected by a decision pursuant to a hearing by the licence issuer, or to a representative of the applicant or licensee, an opportunity to examine, before the hearing, any written or documentary evidence that will be introduced or any report the contents of which will be given in evidence at the hearing. R.S.O. 1990, c. T.16, s. 7 (3).
Transfer of licence
8. Where a licensed tourist establishment is sold or legal ownership thereof passes, the purchaser or other person to whom the legal ownership has passed is entitled to obtain a transfer of the licence from the proper licence issuer upon application therefor in a form approved by the Minister and payment of the fee established by the Minister if the purchaser or other person would have been entitled to be issued the licence if the purchaser or other person were making an initial application therefor and surrenders the existing licence, and the provisions of section 5 apply to the application. R.S.O. 1990, c. T.16, s. 8; 1997, c. 36, s. 4 (8).
Appeal to judge
9. (1) Where a licence issuer has, (a) refused to issue or renew a licence; (b) suspended or cancelled a licence; or (c) refused to transfer a licence, the owner, lessee or operator of the tourist establishment to which the licence relates may, within fifteen days after receipt of the decision of the licence issuer, appeal to a judge of the Superior Court of Justice by sending a notice of appeal specifying the grounds of the appeal by registered mail to the Deputy Minister of Tourism and Recreation and filing a copy thereof in the office of the clerk of the court. R.S.O. 1990, c. T.16, s. 9 (1). Parties (2) The Minister represented by such person as he or she may nominate and the person filing the notice of appeal are parties to an appeal under this section. R.S.O. 1990, c. T.16, s. 9 (2). New hearing (3) Where an appeal is brought under this section, the judge shall hear the appeal by way of a new hearing and may by order direct the licence issuer to take such action as the judge considers the licence issuer ought to take in accordance with this Act and the regulations and as the judge deems proper. R.S.O. 1990, c. T.16, s. 9 (3). Burden of establishing grounds for refusal, etc. (4) Where the appeal is from a decision of a licence issuer refusing to renew or transfer or suspending or cancelling a licence, the Minister or his or her representative shall, on the hearing of the appeal, be deemed to be the complainant, and the burden of establishing the grounds for the refusal to renew or transfer or the suspension or cancellation shall be upon him or her, and the appellant shall be deemed to be the respondent. R.S.O. 1990, c. T.16, s. 9 (4). Extension of time for appeal (5) A judge to whom an appeal may be taken under this section may extend the time for making the appeal, either before or after expiration of the time fixed therefor, where he or she is satisfied that there are apparent grounds for appeal and that there are reasonable grounds for applying for the extension and may give such directions as he or she considers proper consequent upon the extension. R.S.O. 1990, c. T.16, s. 9 (5). Findings of fact (6) The findings of fact of a judge on an appeal shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. R.S.O. 1990, c. T.16, s. 9 (6).
Appeal from order of judge
10. (1) Any party to proceedings before a judge under section 9 may appeal from the decision or order of the judge to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. T.16, s. 10 (1). Record to be filed in court (2) Where notice of an appeal is served under this section, the judge shall forthwith file in the Divisional Court the record of the proceedings before him or her in which the decision or order was made, which, together with the transcript of the evidence before the judge, if it is not part of the record of the judge, shall constitute the record in the appeal. R.S.O. 1990, c. T.16, s. 10 (2). Minister entitled to be heard (3) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section. R.S.O. 1990, c. T.16, s. 10 (3). Decision (4) The Divisional Court may, on the appeal, exercise all the powers of the judge appealed from or the court may refer the matter back to the judge for a rehearing, in whole or in part, in accordance with such directions as the court considers proper. R.S.O. 1990, c. T.16, s. 10 (4).
Establishment of fees
10.1 The Minister may establish fees in respect of the issuance of permits and licences and the renewal or transfer of licences. 1997, c. 36, s. 4 (9).
Filing and posting up of rates
11. (1) The holder of a licence to operate a tourist establishment shall, (a) file with the Minister the rates for sleeping accommodation in the tourist establishment and alterations therein; and (b) post up the rates filed under clause (a) at the times and in the manner prescribed by the regulations. R.S.O. 1990, c. T.16, s. 11 (1). Charging of rates (2) No person shall require or accept a payment for sleeping accommodation in excess of the rates filed with the Minister under subsection (1) and the regulations. R.S.O. 1990, c. T.16, s. 11 (2).
Advertising
12. No person shall publish advertising matter or display any sign respecting tourist facilities, accommodation, services or attractions that does not comply with the regulations. R.S.O. 1990, c. T.16, s. 12.
Inspectors
13. (1) The Minister may designate employees of the Ministry as inspectors. R.S.O. 1990, c. T.16, s. 13 (1). Duties (2) An inspector may inspect the premises, books and records of any tourist establishment for the purpose of enforcing this Act and the regulations, and, for the purpose of an inspection, may, (a) enter the premises of the tourist establishment or any part thereof and be accompanied on his or her inspection by a legally qualified medical practitioner, a police officer, a municipal building or public health inspector, or an inspector appointed under the Hotel Fire Safety Act, the Liquor Licence Act or Part VIII of the Electricity Act, 1998; and (b) require the production of the books and records of the tourist establishment, and examine and copy such books and records or any part thereof. R.S.O. 1990, c. T.16, s. 13 (2); 1998, c. 15, Sched. E, s. 49. Entry of rented and occupied premises with consent (3) Nothing in this section authorizes an inspector to enter any premises or dwelling unit forming part of a tourist establishment that is rented and actually occupied by a tourist or member of the public without the consent of the occupier, except under the authority of a warrant issued under section 158 of the Provincial Offences Act. R.S.O. 1990, c. T.16, s. 13 (3).
Provisional suspension of licence
14. (1) Despite section 7, an inspector, by notice delivered to the operator of a tourist establishment, may provisionally suspend the licence to operate the establishment if he or she believes on reasonable grounds that the continued operation of the establishment will be dangerous to the safety or health of any person and, upon delivery of such notice to the operator, the suspension takes effect. R.S.O. 1990, c. T.16, s. 14 (1). Hearing (2) Where an inspector has provisionally suspended a licence to operate a tourist establishment under subsection (1), he or she shall forthwith notify the licence issuer by whom the licence was issued and the licence issuer shall, as soon as is practicable, hold a hearing and determine whether the licence should be suspended or cancelled under this Act, and the provisions of sections 7, 9 and 10 apply to such proceedings and to the decision of the licence issuer. R.S.O. 1990, c. T.16, s. 14 (2).
Penalty for breach of Act
15. (1) Every person who contravenes any provision of this Act is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c. T.16, s. 15 (1). Penalty for breach of regulations (2) Every person who contravenes any provision of the regulations is guilty of an offence and on conviction is liable to a fine of not more than $2,000. R.S.O. 1990, c. T.16, s. 15 (2). Operating tourist establishment without a licence (3) In addition to the penalty provided in subsection (1), a person who is convicted of a contravention of section 3 is liable to a fine of $50 for each day the offence continues, not exceeding ninety days. R.S.O. 1990, c. T.16, s. 15 (3).
Regulations
16. (1) The Lieutenant Governor in Council may make regulations, (a) providing for the issuance of permits and licences and prescribing the terms and conditions of permits or licences or any class thereof; (b) requiring the holders of permits and licences to make such returns and reports as are prescribed; (c) Repealed: 1997, c. 36, s. 4 (10). (d) providing for the apportionment and distribution of money appropriated by the Legislature for the maintenance, development and promotion of the tourist industry, and providing for the conditions governing the payment thereof; (e) governing the content and the publication or display of advertising matter or signs respecting tourist facilities, accommodation, services or attractions; (f) governing the plans and specifications of tourist establishments, or any class thereof, and the facilities and equipment that shall be provided; (g) requiring information centres, or any class thereof, to be licensed, and providing for the inspection of licensed information centres and their books and records; (h) governing the operation of information centres and tourist establishments, or any class thereof; (i) prescribing the times when and the manner in which rates for sleeping accommodation in tourist establishments and alterations therein shall be filed with the Minister and posted up under section 11; (j) Repealed: 1997, c. 36, s. 4 (10). (k) exempting any class of tourist establishment from this Act or the regulations or from any provision thereof. R.S.O. 1990, c. T.16, s. 16 (1); 1997, c. 36, s. 4 (10). Forms (1.1) A regulation made under subsection (1) may provide for the use of forms approved by the Minister. 1997, c. 36, s. 4 (11). Application (2) Any regulation made under subsection (1) may be general or particular in its application. R.S.O. 1990, c. T.16, s. 16 (2). ______________ Français