Acts and Regulations

2011, c.172 - Innkeepers Act

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Current to 1 January 2024
2011, c.172
Innkeepers Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“inn” includes a hotel, inn, tavern, public house or other place of refreshment, the keeper of which is by law responsible for the goods and property of a guest of the keeper. (auberge)
“innkeeper” means the keeper of an inn. (aubergiste)
R.S.1973, c.I-10, s.1
Lien of innkeeper on baggage and property of guest
2(1)Every innkeeper, boarding-house keeper and lodging-house keeper has a lien on the baggage and property of a guest, boarder or lodger of the innkeeper, boarding-house keeper or lodging-house keeper for the value or price of any food or accommodation furnished to the guest, boarder or lodger.
2(2)In addition to all other remedies provided by law, if the charges referred to in subsection (1) remain unpaid for three months, the innkeeper, boarding-house keeper or lodging-house keeper has the right to sell by public auction the baggage and property of the guest, boarder or lodger, on giving one week’s notice of the sale by one of the following methods:
(a) personal service on the guest, boarder or lodger;
(b) registered mail to the last known address of the guest, boarder or lodger; or
(c) putting up posters in three or more public places near the place of sale.
2(3)Notice of the sale under subsection (2) shall state the name of the guest, boarder or lodger, the amount of the indebtedness, the time and place of the sale, the name of the auctioneer and a description of the baggage or other property to be sold.
2(4)After a sale under subsection (2), the innkeeper, boarding-house keeper or lodging-house keeper may apply the proceeds of the sale in payment of the amount due to the keeper and to the costs of the advertising and sale, and shall pay over any surplus to the person entitled to it, on application being made for the surplus.
R.S.1973, c.I-10, s.2
Priority of lien of innkeeper
3A lien arising under section 2 attaches only to the baggage and property owned by the guest, boarder or lodger against whom the lien is claimed and is subordinate to the interest of any person who has registered in the Personal Property Registry, before the commencement of the services giving rise to the lien, a financing statement or other notice in relation to the baggage or property of the guest, boarder or lodger.
1993, c.36, s.5
Liability of innkeeper
4(1)An innkeeper is not liable to make good to a guest of the innkeeper any loss of or injury to goods or property brought to the inn of the innkeeper, other than a horse or other live animal or any gear appertaining to it or a carriage, to a greater amount than the sum of $100, except
(a) if the goods or property are stolen, lost or injured through the wilful act, default or neglect of the innkeeper, or of a servant in the employ of the innkeeper,
(b) if the goods or property were deposited expressly for safe custody with the innkeeper.
4(2)If goods or property are deposited with the innkeeper for safe custody, the innkeeper may require as a condition of the liability of the innkeeper that the goods or property be deposited in a box or other receptacle, fastened and sealed by the person depositing them.
R.S.1973, c.I-10, s.3
Refusal of innkeeper to receive goods or property
5If an innkeeper refuses to receive for safe custody the goods or property of a guest of the innkeeper or if the guest, through a default of the innkeeper, is unable to so deposit goods or property, the innkeeper is not entitled to the benefit of this Act in respect of those goods or property.
R.S.1973, c.I-10, s.4
Duty of innkeeper to post section 4
6Every innkeeper shall cause to be kept conspicuously posted in the office and public rooms and in every bedroom in the inn of the innkeeper, a copy of section 4 printed in plain type, and the innkeeper is entitled to the benefit of the section in respect of the goods or property only as are brought to the inn of the innkeeper while the copy is posted.
R.S.1973, c.I-10, s.5
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to September 1, 2011.