Tourism Act
Consolidated actThis is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.13 repealed by An Act to Amend the Tourism Act
- s.14 repealed by An Act to Amend the Tourism Act
- s.26 amended by An Act to Amend the Tourism Act
- s.28 repealed by Miscellaneous Statute Law Amendment Act, 2010
- Tourism Regulations, s.1 → #sec_6__subsec_1
- Tourism Regulations, s.9 → #sec_6
- Tourism Regulations, s.9 → #sec_6__subsec_1
- Tourism Regulations, s.13 → #sec_5__subsec_2
- Tourism Regulations, s.14 → #sec_9
- Tourism Regulations, s.14 → #sec_9
- Tourism Regulations, s.15 → #sec_10
- Tourism Regulations, s.16 → #sec_8
- Tourist Accommodation Health Regulations, s.1 → #sec_16
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
INTERPRETATION
Definitions
1.In this Act,
"applicant" means a person who applies for a licence under section 3; (demandeur)
"licence" means a tourism operator licence; (licence)
"licence administrator" means a licence administrator designated under section 15; (administrateur de licence)
"tourism activity" means any type of guided commercial tourism activity; (activité touristique)
"tourism officer" means a tourism officer appointed under section 16; (agent de tourisme)
"tourism operator" means a person who holds a licence; (exploitant d’entreprise touristique)
"Tourism Special Management Area" means an area designated as a Tourism Special Management Area under section 12. (région de gestion spéciale de tourisme)
TOURISM OPERATOR LICENCE
Requirement for licence
2.No person shall conduct or offer to conduct a tourism activity unless
(a) he or she holds a licence authorizing him or her to conduct the tourism activity; or
(b) he or she
(i) is employed by a person who holds a licence to conduct the tourism activity, and
(ii) conducts or offers to conduct the activity in the course of his or her employment.
Application for licence
3.A person may apply for a licence to conduct a tourism activity.
Licence
4.(1) Subject to this Act and the regulations, a licence administrator may issue a tourism operator licence to a person who
(a) applies in accordance with the regulations;
(b) meets the prescribed eligibility and other requirements; and
(c) pays the prescribed fee.
(2) Before issuing a licence, a licence administrator shall consider the views presented through any consultation process conducted in respect of the application for the licence.
Renewal
5.(1) Subject to this Act and the regulations, a licence administrator shall renew the licence of a tourism operator who
(a) applies in accordance with the regulations;
(b) meets the prescribed requirements; and
(c) pays the prescribed fee.
(2) A licence administrator may refuse to renew a tourism operator’s licence if
(a) the tourism activity is not being conducted in accordance with this Act, the regulations or any other enactment or bylaw applicable to the tourism activity; or
(b) the tourism operator or an employee of the tourism operator
(i) fails to comply with this Act, the regulations or an order of a tourism officer, or
(ii) is convicted of an offence under another enactment for conduct which affords reasonable grounds for the licence administrator to believe that the tourism activity will not be conducted in accordance with law.
(3) Before refusing to renew a licence, a licence administrator shall give the tourism operator written notice of the reasons for the intended refusal and an opportunity to respond.
Licence endorsement
6.(1) A licence administrator shall endorse on a licence a description of the tourism activity that the tourism operator may conduct and the area in which the activity may be conducted.
(2) A licence administrator may, on the application of a tourism operator, amend the licence endorsement.
(3) A licence administrator may impose terms and conditions on a licence.
Responsi- bilities of tourism
7.(1) A tourism operator and an employee of a tourism operator
(a) shall only conduct a tourism activity that is endorsed on the tourism operator’s licence; and
(b) shall only conduct a tourism activity endorsed on the tourism operator’s licence in the area specified in the endorsement.
(2) A tourism operator and an employee of a tourism operator shall comply with the terms and conditions of the tourism operator’s licence.
Insurance
8.A tourism operator shall maintain public liability insurance.
Suspension or cancellation
9.(1) A licence administrator may suspend or cancel a tourism operator’s licence if
(a) the tourism operator knowingly gave false information on his or her application for a licence;
(b) the tourism activity is not being conducted in accordance with this Act, the regulations or any enactment or bylaw applicable to the tourism activity; or
(c) the tourism operator or an employee of the tourism operator
(i) fails to comply with this Act, the regulations or an order of a tourism officer, or
(ii) is convicted of an offence under another enactment for conduct which affords reasonable grounds for the licence administrator to believe that the tourism activity will not be conducted in accordance with law.
(2) Before suspending or cancelling a licence, a licence administrator shall give the tourism operator
(a) 14 days written notice of his or her intention to suspend or cancel the licence and the reasons for the intended suspension or cancellation; and
(b) an opportunity to respond.
APPEAL
Appeal of decision not to issue licence
10.(1) An applicant may appeal to the Minister a licence administrator’s decision not to issue a licence to the applicant.
(2) A tourism operator may appeal to the Minister a licence administrator’s decision
(a) not to amend the licence endorsement;
(b) not to renew the licence; or
(c) to suspend or cancel the licence.
Inquiries
11.(1) The Minister may make any inquiries he or she considers necessary to decide the appeal.
(2) The Minister may confirm, vary or set aside the decision of a licence administrator.
(3) A decision of the Minister on an appeal under this Act is final.
TOURISM SPECIAL MANAGEMENT
AREA
Tourism Special Management Area
12.(1) The Minister may, by regulation, designate an area as a Tourism Special Management Area if, in the opinion of the Minister, it is necessary to limit, restrict or prohibit tourism activities in the area because the Minister considers that the area is
(a) archaeologically or historically significant;
(b) culturally or spiritually significant; or
(c) ecologically sensitive.
(2) A regulation made under subsection (1) may
(a) limit the number of tourism operators that may conduct tourism activities in the Tourism Special Management Area; and
(b) limit, restrict or prohibit tourism activities in the Tourism Special Management Area.
(3) Before making, amending or repealing a regulation under subsection (1), the Minister shall consider the views presented through any consultation process conducted in respect of making, amending or repealing the regulation.
Repealed, S.N.W.T. 2010,c.27,s.2.
Repealed, S.N.W.T. 2010,c.27,s.2.
ADMINISTRATION AND ENFORCEMENT
Licence administrators
15.The Minister may designate persons employed in the public service as licence administrators to exercise the powers conferred and to perform the duties imposed by this Act and the regulations.
Tourism officers
16.(1) The Minister may appoint tourism officers.
(2) For the purposes of enforcing this Act or the regulations, a tourism officer has the powers of a peace officer.
Requirement to produce licence
17.A tourism operator and an employee of a tourism operator responsible for or in immediate charge of a tourism activity shall, at the request of a tourism officer, produce for inspection the tourism operator’s licence.
Inspection
18.For the purpose of ensuring compliance with this Act and the regulations, a tourism officer may at any reasonable time, enter and inspect any place or premises where a tourism activity is conducted and may examine anything used in the tourism activity and make such inquiries as he or she considers necessary.
Compliance order
19.A tourism officer may, in writing, order a tourism operator or an employee of a tourism operator responsible for or in immediate charge of a tourism activity, to take the steps that the tourism officer considers necessary to comply with the endorsements, terms or conditions of the licence or with this Act, the regulations or any enactment or bylaw applicable to the tourism activity, or to stop an activity or rectify a situation that constitutes a risk to the safety of persons, property or the environment, as the case may be, where the tourism officer finds
(a) that the tourism operator or an employee of the tourism operator is not complying with the endorsements, terms or conditions of the licence;
(b) that the tourism activity is not being conducted in accordance with this Act, the regulations or any enactment or bylaw applicable to the tourism activity; or
(c) that, in the opinion of the tourism officer, the tourism activity is being conducted in a manner that poses a risk to the safety of persons, property or the environment, or the equipment used in conducting the tourism activity poses such a risk.
Liability
20.No action lies against a licence administrator, a tourism officer or any other person having powers or duties under this Act or the regulations for anything done or not done by that person in good faith in the exercise of his or her powers or in the performance of his or her duties.
OFFENCE AND PUNISHMENT
Prohibition
21.(1) No person shall fail to comply with a provision of this Act or the regulations or an order of a tourism officer.
(2) Every person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction,
(a) for a first offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months or to both; and
(b) for a subsequent offence, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both.
Liability of directors, officers and agents
22.Every director, officer or agent of a corporation who directed, authorized, assented to, acquiesced in or participated in an act or omission of the corporation that would constitute an offence by the corporation is guilty of that offence and is liable on summary conviction to the penalties provided for the offence whether or not the corporation has been prosecuted or convicted.
Continuing offence
23.If an offence under this Act is committed on more than one day or is continued for more than one day, the offence is considered to be a separate offence for each day on which the offence is committed or continued.
Order respecting investigation and prosecution costs
24.(1) Where a person is convicted of an offence under this Act, the court may, in addition to any other punishment that may be imposed, make an order directing the person to pay all or part of the costs related to the investigation and prosecution of the offence.
(2) Before making an order under subsection (1), the court shall provide the person who is convicted and the Government of the Northwest Territories with an opportunity to make submissions respecting
(a) whether it is appropriate to make the order;
(b) the amount of costs to be paid; and
(c) the time for payment.
Limitation period
25.A prosecution for an offence under this Act may not be commenced more than one year after the day on which the offence first came to the attention of a
REGULATIONS
Regulations
26.(1) The Commissioner, on the recommendation of the Minister, may make regulations
(a) prescribing types or categories of tourism activities;
(b) respecting tourism operator licences, including
(i) the circumstances in which consultation may be required before a licence administrator may issue or amend a licence, the persons or groups that must be consulted and the process for conducting the consultation,
(ii) applications for licences or for amendments or renewals of licences,
(iii) the eligibility of applicants for licences,
(iv) the fees for licences,
(v) the issuance, amendment, renewal, suspension or cancellation of licences,
(vi) the endorsement of licences,
(vii) the terms and conditions that may be imposed on licences,
(viii) the length of time for which a licence is in force, and
(ix) the transfer of licences;
(c) respecting appeals to the Minister of a licence administrator’s decision;
(d) governing the operations and practices of tourism operators;
(e) requiring tourism operators to maintain records respecting their tourism activities;
(f) respecting the public liability insurance that tourism operators shall maintain;
(g) respecting the reports that a tourism operator shall submit to a licence administrator, the information that the reports must contain and the time in which they must be submitted;
(h) respecting the conduct, training, qualifications and certification of employees of tourism operators;
(i) requiring tourism operators to meet minimum safety standards and to implement safety measures, including having an emergency response plan;
(j) establishing rules for low impact and no trace camping practices and requiring tourism operators and their employees to comply with those rules;
(k) respecting the circumstances in which consultation may be required before the Minister may make, amend or repeal regulations establishing a Tourism Special Management Area, the persons or groups that must be consulted and the process for conducting the consultation;
(l) Repealed, S.N.W.T. 2010,c.27,s.3;
(m) Repealed, S.N.W.T. 2010,c.27,s.3;
(n) prescribing the powers and duties of licence administrators and tourism officers for the purpose of administering and enforcing this Act and the regulations; and
(o) generally, for carrying into effect the purposes and provisions of this Act.
(2) A regulation made under subsection (1) may contain provisions that are general or that pertain to particular tourism activities or to tourism activities in particular areas.
(3) A report required to be submitted under paragraph (1)(g) may not contain the name, address or telephone number of a client of a tourism operator or other information that would personally identify the client. S.N.W.T. 2010,c.27,s.3.
TRANSITIONAL
Activities and establishments not affected
27.For greater certainty, nothing in this Act affects the continued operation of an activity or establishment for which a licence was required under the Travel and Tourism Act and for which a tourism operator licence is not required under this Act.
- 31. Repealed, S.N.W.T. 2010,c.16,Sch.B,s.30. Territorial Printer, Northwest Territories Yellowknife, N.W.T./2010©