Tourism Regulations

Regulation
Registration
R-009-2007
Source
Unofficial consolidation PDF (justice.gov.nt.ca)
Under
Tourism Act

This 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.5 amended by R-012-2023,s.2(2). R-039-2012,s.2 in force April 1, 2023
  • s.5 amended by R-011-2013,s.2 in force April 1, 2013
  • s.5 amended by R-009-2014,s.2 in force April 1, 2014
  • s.5 amended by R-033-2015,s.2 in force April 1, 2015
  • s.5 amended by R-017-2016,s.2 in force April 1, 2016
  • s.5 amended by R-031-2017,s.2 in force April 1, 2017
  • s.5 amended by R-032-2019,s.2
  • s.5 amended by R-021-2020,s.2 in force April 1, 2020
  • s.5 amended by R-107-2020,s.2
  • s.5 amended by R-017-2021,s.2
  • s.5 amended by R-028-2022,s.2
  • s.5 amended by R-012-2023,s.2 in force April 1, 2023
  • s.5 amended by R-009-2025,s.2 in force April 1, 2025
  • s.5 amended by R-022-2026,s.2 in force April 1, 2026
  • s.8 amended by R-045-2014,s.2,3
  • s.8 amended by R-017-2021,s.3
  • s.8 amended by R-009-2025,s.3 in force April 1, 2025
  • s.9 amended by R-009-2025,s.4 in force April 1, 2025
  • s.9.1 repealed by R-009-2025,s.4 in force April 1, 2025
  • s.11 amended by R-107-2020,s.4
  • s.13 amended by R-107-2020,s.5
  • s.13 amended by R-009-2025,s.5 in force April 1, 2025
  • s.17 amended by R-009-2025,s.6 in force April 1, 2025
  • s.19 amended by R-009-2025,s.7 in force April 1, 2025
  • s.20 amended by R-009-2025,s.8 in force April 1, 2025
  • s.21 amended by R-009-2025,s.9 in force April 1, 2025
  • s.23 repealed by R-039-2012,s.3
  • s.24 repealed by R-039-2012,s.3
Contents
1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 9.1. Repealed 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 16. 16 17. 17 18. 18 19. 19 20. 20 21. 21 22. 22 23. Repealed 24. Repealed

The Commissioner, on the recommendation of the Minister, under section 26 of the Tourism Act and every enabling power, makes the Tourism Regulations.

Interpretation

1.

In these regulations,

"Aboriginal organization" means a body that

(a) represents the beneficiaries of a land claim agreement that provides for Aboriginal rights in the Northwest Territories,

(b) represents the beneficiaries of an interim measures agreement that provides for Aboriginal rights in the Northwest Territories, or

(c) represents a group of individuals that has an established claim, or that has asserted a credible claim to Aboriginal rights in the Northwest Territories;

(organisation autochtone)

"Aboriginal rights" means aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada; (droits des autochtones)

"area of operation" means the area in which a tourism operator may conduct tourism activity as endorsed on the licence pursuant to subsection 6(1) of the Act; (région d’exercice)

Eligibility for Licence

2.

To be eligible to apply for, renew or hold a licence, an applicant must be entitled to carry on business in the Northwest Territories.

Application for Licence

3.

An application for a licence must be in a form approved by the Minister and must contain the following information:

(a) the name and address of the applicant;

(b) in the case of an application by a corporate body, a copy of its certificate of status under its incorporating statute;

(c) the location of the applicant’s place of principal business and a description of any other facility or location to be operated by the applicant under the licence;

(d) a description of the services and tourism activities the applicant intends to provide or conduct;

(e) the intended area of operation;

(f) evidence that the applicant either has public liability insurance coverage referred to in section 16 or will obtain such coverage if the licence is issued;

(g) a description of the type and quantity of the equipment the applicant will make available to clients;

(h) a description of any arrangements the applicant will make for the transportation and accommodation of clients;

(i) a description of any additional licences or permits that the applicant requires to conduct the tourism activities under the laws of the Northwest Territories or Canada;

(j) such further information as the licence administrator considers necessary to assess the application.

4.

If an application for a licence or an amendment to a licence is incomplete,

(a) a licence administrator may refuse to accept the application, or may defer it until it is complete; and

(b) any time periods in relation to the application in these regulations do not commence until the application is complete.

Fees

5.

(1) The fees to apply for, renew or amend a licence are

(a) $603, in the case of a new application for a licence;

(b) $363, in the case of an amendment to a licence that is significant in the opinion of the licence administrator;

(c) $182, in the case of a renewal of a licence; and

(d) $0, in the case of an amendment to a licence that is not significant in the opinion of the licence administrator.

(1.1) Repealed, R-012-2023,s.2(2).

(1.2) Repealed, R-012-2023,s.2(2).

(2) A fee may be paid

(a) in cash to the licence administrator; or

(b) by cheque, money order or credit card payable to the Government of the Northwest Territories.

(3) A fee is not refundable.

(4) Repealed, R-012-2023,s.2(2). R-039-2012,s.2; R-011-2013,s.2; R-009-2014,s.2; R-033-2015,s.2; R-017-2016,s.2; R-031-2017,s.2; R-032-2019,s.2; R-021-2020,s.2; R-107-2020,s.2; R-017-2021,s.2; R-028-2022,s.2; R-012-2023,s.2; R-009-2025,s.2; R-022-2026,s.2.

Consultation Process

6.

(1) The following interested parties must be consulted before a licence is issued:

(a) any Aboriginal organization in the intended area of operation whose rights or the rights of whose members may be affected;

(b) any licence holder operating in the intended area of operation.

(2) A licence administrator may, in addition to the interested parties referred to in subsection (1), consult with a band council, municipal council or any other person or body the licence administrator considers to have an interest in the proposed licence.

(3) A licence administrator shall send a copy of an application to the interested parties referred to in subsection (1) or (2) within 15 days after receiving the application.

(4) An interested party that receives a copy of the application from the licence administrator, may submit a written statement of its views on the application to the licence administrator within 30 days after receiving the copy.

(5) The licence administrator shall send a copy of any views received under subsection (4) to the applicant and the applicant shall have 21 days after receiving the copy to respond, in writing, to any issues arising from those views, including amending or withdrawing the application.

(6) Unless the licence administrator considers it necessary, the application need not be resubmitted to the interested parties if the application is changed pursuant to subsection (5) or subsection 7(2).

(7) The provisions of this section do not apply to the renewal of a licence, or to the amendment of a licence that is not significant in the opinion of a licence administrator.

Issuance of Licence

7.

(1) A licence administrator may make such inspections and investigations as the licence administrator considers necessary to determine whether to issue a licence.

(2) The licence administrator may inform the applicant of the results of any inspections and investigations made under subsection (1) and the applicant may respond, in writing, to any issues arising from those inspections and investigations, including amending or withdrawing the application.

(3) Before issuing the licence, the licence administrator shall consider

(a) the results of any consultation under section 6, including any written statement of views received from the interested parties under subsection 6(4) and any written response from the applicant under subsection 6(5); and

(b) the results of any inspections or investigations made under subsection (1), including any written response from the applicant.

(4) A licence administrator shall issue a licence if satisfied that

(a) the applicant is eligible to apply for or hold the licence;

(b) the applicant has provided the required application information and fee;

(c) the equipment to be used by the applicant is reasonably safe and adequate for its intended use;

(d) the activity to be conducted by the applicant will be reasonably safe to the participants and the public;

(e) the activity to be conducted by the applicant will not have a negative impact on the environment;

(f) the activity to be conducted by the applicant will not unreasonably conflict or interfere with the activities of other tourism operators; and

(g) the activity to be conducted by the applicant will not unreasonably conflict or interfere with the traditional or current use of the area of operation.

8.

(1) A licence administrator may refuse to issue a licence if the applicant, or any officer or employee of the applicant, has been convicted of an offence within the previous five years under

(a) the Act, the Public Health Act, the Wildlife Act, the Forest Protection Act and the regulations made under those Acts;

(b) the Fisheries Act (Canada), the Historic Sites and Monuments Act (Canada), the Migratory Birds Convention Act, 1994 (Canada), the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (Canada) and the regulations made under those Acts;

(b.1) the Archaeological Sites Act and the regulations made under that Act;

(c) Repealed, R-045-2014,s.3;

(d) the Criminal Code respecting the use or possession of firearms; or

(e) any other law of Canada or another country governing fish, wildlife, the environment or a species at risk.

(2) A licence administrator shall refuse to issue a licence if the licence administrator is not satisfied that the criteria required in subsection 7(4) will be met.

(3) Before refusing to issue a licence, the licence administrator shall, by written notice,

(a) notify the applicant that the licence administrator is considering refusing to issue the licence;

(b) specify the reasons why the licence may be refused; and

(c) invite the applicant to respond, in writing, within 30 days of the notice.

(4) The licence administrator shall

(a) consider any written response received from the applicant within the time specified; and

(b) render a written decision on whether to issue or to refuse to issue the licence, with reasons, within 45 days after notifying the applicant under subsection (3).

(5) The licence administrator shall, on request, give the applicant any recommendations the licence administrator may have for amending the application or improving and submitting a new application. R-045-2014,s.2,3; R-017-2021,s.3; R-009-2025,s.3.

Terms and Conditions

9.

(1) In accordance with section 6 of the Act, a licence administrator may impose any terms and conditions on a licence that the licence administrator considers necessary or advisable, including

(a) specific precautions or standards to ensure the protection and preservation of the natural, cultural and historical environment;

(b) the maximum number of persons who can participate in a tourism activity or enter the area of operation at one time; and

(c) terms or conditions to ensure compliance with the Act, the regulations and any other applicable federal or territorial laws.

(2) When considering whether to impose a condition on the licence limiting the number of clients that a tourism operator may provide services to or allow to enter the area of operation, the licence administrator shall consider the results of consultation under section 6, and the results of any inspections or investigations made under subsection 7(1).

(3) For greater certainty, the description of the tourism activity that the tourism operator may conduct and the area in which the activity may be conducted endorsed on the licence pursuant to subsection 6(1) of the Act, are conditions of the licence.

(4) A licence is subject to any terms and conditions imposed or endorsed on it by the licence administrator.

Heading Repealed, R-009-2025,s.4.

9.1.

Repealed, R-009-2025,s.4.

Amendment of Licence

10.

(1) A licence administrator may amend a licence, including

(a) transferring the licence to a new tourism operator;

(b) modifying the tourism activities or area of operation authorized by the licence; and

(c) imposing new terms and conditions or modifying or removing the terms and conditions imposed or endorsed on the licence.

(2) No amendments may be made to a licence under subsection (1) that, in the opinion of the licence administrator, significantly affect the tourism activities or area of operation authorised by the licence, unless the applicable fee is paid and the consultation process outlined in section 6 is completed.

(3) An application by a tourism operator for an amendment to the licence must be in a form approved by the Minister.

(4) The transfer of a licence to a new tourism operator is subject to any right of first refusal set out in a land claims agreement or an interim measures agreement.

(5) The provisions of sections 7 and 8 apply to the amendment of a licence with such modifications as the circumstances require.

Reporting Changes to Information

11.

(1) A tourism operator shall provide written notice to a licence administrator of any change to the information provided in the application for a licence.

(2) The written notice of the changes referred to in subsection (1) must be submitted to the licence administrator within 60 days after the change.

(3) A tourism operator may apply to amend the licence, if the operator wishes to

(a) transfer the licence to another person;

(b) modify the tourism activities or the area of operation authorised by the licence; or

(c) modify the terms and conditions imposed or endorsed on the licence.

R-107-2020,s.4.

Authority of Licence

12.

(1) A licence entitles the tourism operator to conduct the tourism activities in the area of operation specifically authorised by the licence, subject to the terms and conditions imposed or endorsed on the licence.

(2) A licence, unless revoked earlier, expires on March 31 following the date of issue.

Renewal of Licences

13.

(1) Subject to subsection 5(2) of the Act and this section, a licence administrator shall renew a licence if the tourism operator submits the renewal application

(a) to the licence administrator before the licence expires;

(b) in a form approved by the Minister; and

(c) with the fee required under section 5.

(2) A licence administrator may refuse to renew a licence if

(a) the tourism operator has not complied with the terms and conditions imposed or endorsed on the operator’s licence; or

(b) a reimbursement from the Tourist Deposit Assurance Program has been paid in respect of the tourism operator.

(3) A licence administrator shall refuse to renew a licence if

(a) the tourism operator is ineligible to renew or hold a licence; or

(b) the tourism operator does not have the public liability insurance coverage referred to in section 16.

(3.1) Repealed, R-009-2025,s.5(2).

(4) The provisions of section 8 apply to a refusal to renew a licence, with such modifications as the circumstances require. R-107-2020,s.5; R-009-2025,s.5.

Suspension and Cancellation of a Licence

14.

(1) When suspending a licence pursuant to section 9 of the Act, a licence administrator shall also specify in the written notice

(a) the period of the suspension; and

(b) the terms or conditions for lifting the suspension.

(2) When cancelling a licence pursuant to section 9 of the Act, a licence administrator shall, in the written notice, specify any period of time during which the tourism operator is ineligible to reapply for a licence.

(3) A licence may be suspended or cancelled notwithstanding that the grounds for the suspension or cancellation existed at the time the licence was issued or renewed.

(4) If a licence is cancelled, the tourism operator shall surrender the licence and all certificates of identification to a licence administrator.

Appeals

15.

An appeal to the Minister under section 10 of the Act must be made in writing, and must contain the following information:

(a) the name and address of the appellant;

(b) the licence number of the appellant, if applicable;

(c) the name of the licence administrator and a description of the decision being appealed;

(d) the grounds for the appeal.

Duties of Tourism Operator

16.

The public liability insurance coverage required by section 8 of the Act must be in an amount not less than $1,000,000.

17.

(1) A tourism operator shall, at the request of a tourism officer, produce for inspection their certificate of identification, licence and proof of the public liability insurance coverage.

(2) A tourism operator shall, at all reasonable times, on request, permit a tourism officer to inspect the equipment used in their business as a tourism operator.

(3) A tourism operator shall, at their main place of business, display proof of their licence in a form approved by the Minister. R-009-2025,s.6.

18.

A tourism operator shall, without delay, report to a tourism officer any offence referred to in subsection 8(1) committed by a client.

Certificates of Identification

19.

(1) A tourism operator who is an individual and each of their employees shall, while the tourism operator or any employee is engaged in a tourism activity away from the tourism operator’s place of business, carry on their person a certificate of identification certifying that they are a tourism operator or an employee of the tourism operator.

(2) A licence administrator may, on request, issue a certificate of identification in a form approved by the Minister. R-009-2025,s.7.

Prohibitions

20.

A person shall not advertise or represent to others that they are a tourism operator unless they hold a tourism operator licence. R-009-2025,s.8.

21.

A tourism operator shall not

(a) operate in contravention of the licence, including any terms or conditions imposed or endorsed on the licence;

(b) provide a conveyance or equipment to another person that is unsafe, unsanitary or in a poor state of repair; or

(c) publish or cause to be published an advertisement respecting the tourism operator’s services that contains statements, illustrations or photographs that purport to be true but are untrue, deceptive or misleading, or are intentionally so worded or arranged that they are misleading or deceptive.

R-009-2025,s.9.

Tourism Special Management Area

Consultation

22.

(1) Before making, amending or repealing a regulation establishing a Tourism Special Management Area, the Minister must, by written notice, consult with

(a) any Aboriginal organization whose rights, or the rights of whose members, in the Tourism Special Management Area may be affected; and

(b) any licence holder operating in the Tourism Special Management Area.

(2) The Minister may by written notice, in addition to the interested parties referred to in subsection (1), consult with a band council, municipal council or any other person or body the licence administrator considers to have an interest in the Tourism Special Management Area.

(3) An interested party consulted by the Minister may submit a written statement of its views on the regulation to the Minister within 30 days after the date it received written notice of the consultation from the Minister.

(4) Before making, amending or repealing a regulation establishing a Tourism Special Management Area, the Minister must consider any written statement of views received from the interested parties within the 30 day period.

23.

Repealed, R-039-2012,s.3.

24.

Repealed, R-039-2012,s.3.