as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. T100
The Tourism and Recreation Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"outfitter" means a person engaged in the business
(a) of furnishing supplies or services, or
(b) of renting equipment,
to others for the purpose of angling, hunting, camping, boating, or other outdoor recreation; ("pourvoyeur")
"transient accommodation facilities" means facilities where, for consideration, the public may obtain sleeping accommodation and includes motels, hotels, tourist camps, hunting or fishing lodges, out-camps, camp grounds and similar accommodation facilities. ("lieux d'hébergement")
With the consent of the Lieutenant Governor in Council, the minister, for and on behalf of the government, may enter into agreements with the Government of Canada, or any agency thereof, respecting the construction or provision of any structure, facility or service in the province relating to tourism and recreation, and respecting the contribution toward the costs thereof by the Government of Canada and by the Government of Manitoba.
The minister shall administer the matters within the administration of the government relating to
(a) tourist facilities; and
(b) the tourist industry in the province;
and shall perform and carry out such other duties and functions as may be imposed on him by the Lieutenant Governor in Council.
Without limiting the generality of section 3, the minister shall
(a) stimulate, promote and develop the tourist industry and publicity in connection therewith;
(b) assemble, classify, distribute and disseminate information concerning tourist attractions, tourist facilities, and transient accommodation facilities within the province;
(c) provide an advisory service to assist operators of transient accommodation facilities to improve the facilities for the travelling public; and
(d) administer the regulations.
TRANSIENT ACCOMMODATION FACILITIES
No person shall operate, enlarge, or move to a new location, any transient accommodation facilities unless he holds a valid and subsisting licence for the purpose issued to him under this Act.
No person shall commence the construction of transient accommodation facilities unless he first obtains a permit for the purpose from the minister.
Subsections (1) and (2) do not apply to facilities or premises that are licensed by The Liquor Control Commission under The Liquor Control Act, to sell liquor.
Upon the fee prescribed in the regulations being paid therefor, the minister may issue a licence or a permit required under this Act to an applicant therefor.
The minister may classify transient accommodation facilities according to the standards established in the regulations, and may issue to the operator of any transient accommodation facilities, a classification assigned to the transient accommodation facilities, which the operator shall display at all times in a conspicuous place and manner and as required by the regulations.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders
(a) respecting the inspection and licensing of transient accommodation facilities or outfitters;
(b) establishing standards for the classification of transient accommodation facilities;
(c) prescribing the type and standard of construction of transient accommodation facilities;
(d) fixing the fee payable for any licence or permit issued under this Act:
(e) requiring, and prescribing the manner of, posting of rates or charges in transient accommodation facilities other than those licensed by The Liquor Control Commission:
(f) providing for the suspension or cancellation of a licence, permit, or classification, issued or approved under this Act or the regulations for any violation of the regulations:
(g) establishing standards of supplies and services furnished and equipment rented by outfitters.
Any by-law of a municipality respecting transient accommodation facilities and the standards thereof has effect so far only as it is not inconsistent with, or repugnant to, the regulations.
Any person who contravenes or fails to comply with any provision of this Act or of the regulations is guilty of an offence and is liable, on summary conviction, to a fine of not less than $25. and not more than $200., or, if a corporation, to a fine of not less than $200. and not more than $500.
The costs incurred in the administration of this Act shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.
The Lieutenant Governor in Council may, on the recommendation of the minister, appoint an advisory committee on tourism and may fix and pay to the members of these advisory committees such remuneration and out-of-pocket expenses as the Lieutenant Governor in Council may deem advisable and reasonable.