BILL 72

Tourism Development Act, 2008

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1 The following definitions apply in this Act.

“Minister” means the Minister of Tourism and Parks and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“operator” means the owner, manager or other person in charge of a tourist establishment. (exploitant)

“tourist establishment” means (établissement touristique)

(a)  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 campgrounds and trailer camps, but does not include mobile home parks,

(b)  any picnic, bathing or other recreation area for the public,

(c)  a tourist information centre, or

(d)  any other facility that is operated as a tourist attraction or service.

Promotion and development of tourism industry

2 The Minister may

(a)  market New Brunswick as a premier tourism destination,

(b)  undertake joint marketing initiatives related to the tourism industry,

(c)  provide information services for tourists,

(d)  encourage and promote enhancement of standards of accommodation, facilities, attractions and services offered to the public,

(e)  encourage and promote enhancement of professionalism in the tourism industry,

(f)  guide, support and promote the development of quality tourism products,

(g)  collect, evaluate and disseminate information on tourism markets, new trends and tourism industry performance or on related employment, programs and activities, and

(h)  develop, manage and promote tourist establishments owned by the Province.

Development of provincial tourist establishments

3(1) The Minister may, with the approval of the Lieutenant-Governor in Council,

(a)  purchase, hold or acquire any land, whether or not covered with water, for the purpose of development as a tourist establishment,

(b)  increase or decrease the area of a tourist establishment established under paragraph (a), and

(c)  dispose of any improvements, facilities, or all or any part of the land previously acquired for development as a tourist establishment.

3(2) The Minister may

(a)  grant a lease with respect to a tourist establishment owned by the Province, or any part of the tourist establishment, or any land, building, installation or facility in the tourist establishment, or in any part of the tourist establishment, but such lease shall not extend beyond 10 years except with the approval of the Lieutenant-Governor in Council,

(b)  grant a licence, privilege or concession with respect to a tourist establishment owned by the Province, or any part of the tourist establishment, or any land, building, installation, service or facility in the tourist establishment, or in any part of the tourist establishment, but such licence, privilege or concession shall not extend beyond 10 years except with the approval of the Lieutenant-Governor in Council, and

(c)  enter into any other agreements for the purpose of carrying out his or her responsibilities under this Act.

Obligations of operator

4(1) The operator of a tourist establishment providing sleeping accommodation, other than a tourist establishment exempted by regulation, shall maintain a register in which the following information shall be recorded for every person obtaining sleeping accommodation, and such information shall be kept for a period of time prescribed by regulation:

(a)  the name of the person;

(b)  the place of residence of the person;

(c)  in the case of a person who is travelling in a motor vehicle, the place of registration and the licence plate number of such motor vehicle; and

(d)  the name or number of the rental unit or campsite occupied by the person.

4(2) The operator of a tourist establishment providing sleeping accommodation, other than a tourist establishment exempted by regulation, shall, no later than 10 days after the end of each month of operation, file with the Minister an occupancy report for the previous month, containing the information prescribed by regulation, in a form specified by the Minister.

Inspection of register

5(1) The Minister may appoint inspectors for the purpose of ensuring compliance with subsection 4(1).

5(2) An inspector may at all reasonable times

(a)  enter the premises of a tourist establishment or any part of the tourist establishment, and

(b)  require the production of a register under subsection 4(1), and examine and copy the register or any part of the register.

5(3) Before or after attempting to enter a tourist establishment for the purposes of this section, an inspector may apply for an entry warrant under the Entry Warrants Act.

Offences

6(1) A person who violates or fails to comply with subsection 4(1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

6(2) A person who violates or fails to comply with subsection 4(2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

Certificate as evidence

7 In any prosecution or other proceeding under this Act, a certificate signed by the Minister or purporting to be signed by the Minister stating that a person failed to keep a guest register or failed to file an occupancy report, or that a person failed to keep a guest register or failed to file an occupancy report in the form, manner or time required by this Act or the regulations, is admissible in evidence as proof, in the absence of evidence to the contrary, of the facts in the certificate without proof of the signature or appointment of the Minister.

Administration

8 The Minister shall administer this Act.

Regulations

9 The Lieutenant-Governor in Council may make regulations

(a)  providing the types of tourist establishments that are exempted from the application of subsection 4(1) or (2);

(b)  establishing the period of time information shall be kept in a register under subsection 4(1);

(c)  prescribing the information to be provided in an occupancy report filed under subsection 4(2);

(d)  defining any word or phrase used but not defined in this Act;

(e)  respecting any matter that the Lieutenant-Governor in Council considers necessary for the administration of this Act.

Amendments to the Municipalities Act

10 Section 188 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended

(a)  by repealing subsection (3);

(b)  by repealing subsection (5).

Amendment to An Act to Amend The Residential Tenancies Act

11 Paragraph 1(a) of An Act to Amend The Residential Tenancies Act, chapter 5 of the Acts of New Brunswick, 2006, is amended by repealing subparagraph (b)(v) of the definition “premises” as enacted by paragraph 1(a) and substituting the following:

(v) living accommodations provided in a tourist establishment as defined under the Tourism Development Act, 2008, if a person resides in the living accommodations for less than ninety consecutive days,

Repeal of the Tourism Development Act

12 The Tourism Development Act, chapter T-9 of the Revised Statutes, 1973, is repealed.

Commencement

13 Sections 1 to 10 and 12 of this Act come into force on December 2, 2008.