Accommodation Sector Registration of Guests Act, 2021, S.O. 2021, c. 21, Sched. 1

CONTENTS 1. Definitions 2. Hotel register 3. Prescribed businesses 4. Production of register 5. Annual report 6. Offences 7. Regulations 8. Transition Definitions 1 In this Act, “chief of police” means, (a) a chief of police as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019, or (b) a First Nation Officer who is in charge of a group of First Nation Officers described in clause (b) of the definition of “police service”; (“chef de police”) “First Nation Officer” means a First Nation Officer appointed under the Community Safety and Policing Act, 2019; (“agent de Première Nation”) “hotel” means a building, two or more connected buildings or a portion of a building or two or more connected buildings that, (a) is mainly used for the commercial purpose of providing the travelling public with transient accommodation, (b) contains at least six bedrooms or suites, and (c) is not a boarding house, apartment house or other prescribed type of building; (“hôtel”) “human trafficking” has the same meaning as in the Anti-Human Trafficking Strategy Act, 2021; (“traite des personnes”) “Minister” means the Minister of Heritage, Sport, Tourism and Culture Industries or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “officer” means, (a) a police officer as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019, or (b) a First Nation Officer; (“agent”) “police service” means, (a) a police service as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019, or (b) a group of First Nation Officers who are employed by an entity that has an agreement with the Solicitor General; (“service de police”) “prescribed” means prescribed by the regulations; (“prescrit”) “regulations” means the regulations made under this Act. (“règlements”) 2021, c. 21, Sched. 1, s. 1; 2021, c. 21, Sched. 1, s. 9 (1) and (2). Section Amendments with date in force (d/m/y) 2021, c. 21, Sched. 1, s. 9 (1, 2) - 01/01/2026 Hotel register 2 (1) The owner and the manager of a hotel shall ensure that the hotel maintains a register. Required information (2) The owner and the manager of a hotel shall ensure that the following information is recorded in the register every time a guest or group of guests is admitted to occupy a bedroom or suite in the hotel: 1. The name of one of the guests who will occupy the bedroom or suite. 2. The primary residence of that guest or, if they have no primary residence, the municipality in which they usually reside. 3. Any other prescribed information. Maintenance of information (3) The owner and the manager of a hotel shall ensure that the information described in subsection (2) is maintained in the register for the prescribed period after it was recorded. Prescribed businesses 3 (1) The owner or operator of a business in a prescribed class shall maintain a register. Applicable provisions (2) Subsections 2 (2) and (3) apply to the owner or operator of a business in a prescribed class subject to any modifications that may be set out in the regulations. Production of register Order to produce portion of register 4 (1) On application made in writing by an officer, a justice may make an order requiring the owner or manager of a hotel, or the owner or operator of a business in a prescribed class, to produce a copy of a specified portion of the register to the officer if the justice is satisfied on the basis of information provided under oath that there are reasonable grounds to believe that, (a) a person is currently a victim of human trafficking or is at imminent risk of being trafficked; and (b) information in the specified portion of the register will assist in locating or identifying that person. 2021, c. 21, Sched. 1, s. 4 (1). Urgent demand to view register (2) An officer may in writing make a demand to view information recorded in the register of a hotel or business in a prescribed class if the officer is satisfied that there are reasonable grounds to believe information recorded in the register will assist in locating or identifying a person who is currently a victim of human trafficking or is at imminent risk of being trafficked and, (a) there are reasonable grounds to suspect the victim of human trafficking will suffer bodily harm within the time it would take to obtain an order under subsection (1); or (b) there are reasonable grounds to believe information recorded in the register will be destroyed within the time it would take to obtain an order under subsection (1). 2021, c. 21, Sched. 1, s. 4 (2). Copying information from register (3) In exercising the power described in subsection (2), an officer may make a copy of any portion of the register that the officer has reasonable grounds to believe will assist in locating or identifying a person who is currently a victim of human trafficking or is at imminent risk of being trafficked. 2021, c. 21, Sched. 1, s. 4 (3). Time for compliance (4) The owner and the manager of a hotel and the owner or operator of a business in a prescribed class shall, (a) comply with an order made under subsection (1) within the time specified in the order; and (b) immediately comply with an urgent demand made under subsection (2). 2021, c. 21, Sched. 1, s. 4 (4). Urgent demand report (5) An officer who makes an urgent demand under subsection (2) shall, within the prescribed timeframe, provide a written report to the member of the police service that is designated by their chief of police to receive such reports. 2021, c. 21, Sched. 1, s. 4 (5); 2021, c. 21, Sched. 1, s. 9 (3). Content of report (6) The report shall contain, (a) the reasons that, in the view of the officer who made the urgent demand, the requirements under clauses (2) (a) and (b) were met in the circumstances; and (b) any other prescribed information. 2021, c. 21, Sched. 1, s. 4 (6). Section Amendments with date in force (d/m/y) 2021, c. 21, Sched. 1, s. 9 (3) - 01/01/2026 Annual report 5 (1) On or before the prescribed date in each year, every chief of police shall prepare an annual report under this section and shall, (a) in the case of a chief of police of a police service maintained by a police service board, provide a copy of the report to the board; (b) in the case of a chief of police who is in charge of a group of First Nation Officers, provide a copy of the report to the entity that employs them and that has an agreement with the Solicitor General; and (c) in the case of the Commissioner of the Ontario Provincial Police, provide a copy of the report to the Solicitor General. 2021, c. 21, Sched. 1, s. 5 (1); 2021, c. 21, Sched. 1, s. 9 (4) and (5). Report public (2) After receiving a report, a board or entity shall, (a) provide a copy of the report to the Solicitor General; and (b) make the report available to the public in the prescribed manner. 2021, c. 21, Sched. 1, s. 5 (2). Same (3) After receiving the report from the Commissioner of the Ontario Provincial Police, the Solicitor General shall make the report available to the public in the prescribed manner. 2021, c. 21, Sched. 1, s. 5 (3). Content of report (4) The annual report for a year shall contain, (a) the total number of urgent demands made by the officers under subsection 4 (2) in that year and the number of human trafficking investigations to which they relate; and (b) any other prescribed information. 2021, c. 21, Sched. 1, s. 5 (4). Section Amendments with date in force (d/m/y) 2021, c. 21, Sched. 1, s. 9 (4, 5) - 01/01/2026 Offences 6 (1) An owner or manager of a hotel, or an owner or operator of a business in a prescribed class, who fails to keep a register as required by section 2 or 3, knowingly and wilfully permits a false statement to be entered in the register or fails to comply with an order or urgent demand as required by subsection 4 (4) is guilty of an offence and on conviction is liable to a fine of not more than $5,000. Same (2) A person who applies for admission as a guest in a hotel or business in a prescribed class who makes a false statement of information that is required to be in the register is guilty of an offence and on conviction is liable to a fine of not more than $5,000. Regulations 7 The Minister may make regulations, (a) respecting anything that, in this Act, may or must be prescribed or done by regulation; (b) prescribing additional information that must be recorded in a register, which may require recording the names, residence or other information of more than one person from a group of guests that occupies a bedroom or suite; (c) modifying the application of subsections 2 (2) and (3) to businesses in a prescribed class; (d) defining words and expressions used in this Act that are not otherwise defined in this Act; (e) respecting any matter that is necessary or advisable to implement this Act effectively. Transition 8 Sections 2 and 3 of this Act do not apply with respect to guests who were admitted in a hotel or business in a prescribed class on or before the day section 2 of Schedule 1 to the Combating Human Trafficking Act, 2021 came into force and instead the provisions of the Hotel Registration of Guests Act, as they read immediately before that day, continue to apply with respect to them. 9 Omitted (provides for amendments to this Act). 10 Omitted (amends, repeals or revokes other legislation). 11 Omitted (provides for coming into force of provisions of this Act). 12 Omitted (enacts short title of this Act). ______________