Second

Session, 50th General Assembly

Charles III, 2023

BILL 75

AN ACT TO AMEND THE

TOURIST ACCOMMODATIONS ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE STEVE

CROCKER

Minister of

Tourism, Culture, Arts and Recreation

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Tourist Accommodations Act to

add

definitions of listing, platform,

platform operator and registration number;

remove the definition of

primary residence;

require platform operators to

register in accordance with the regulations;

remove the registration exemption

for a tourist accommodation that is a person's primary residence;

require tourist accommodation

operators to include the registration number of the tourist accommodation in a listing;

require platform operators to

ensure that the registration number of a tourist accommodation is included in a

listing on the platform operator's platform;

require a platform operator to

remove a listing from the platform operator's platform where the listing does

not include the registration number of the tourist accommodation;

require platform operators to

maintain records in accordance with the regulations;

require platform operators to prepare

and submit reports to the minister in accordance with the regulations; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE TOURIST ACCOMMODATIONS

ACT

Analysis

S.2 Amdt.

Definitions

S.3 Amdt.

Registration required

S.4 R&S

Duties

S.6 Amdt.

Inspectors

S.11 Amdt.

Regulations

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2020 cT-6.1

(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d) of the Act is repealed.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;

(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".

Section 4 of the Act is repealed and the

following substituted:

Duties

(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

(

c) prepare and submit

reports to the minister in accordance with the regulations.

(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) m aintain 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;

(

c) respecting the cancellation of a registration

of a tourist accommodation and a platform operator;

(

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.

King's Printer