Illegal tourist accommodation: will the new bill 67 protect landlords?

Tenants who wish to sublet their apartment to tourists will have to pay a fee to obtain a certificate from Tourisme Québec, otherwise they will risk a fine of at least $2,500 a day.

The bill 67 has not yet been enacted, but it will certainly come into force soon. It remains to be seen how landlords will be involved.

According to Article 41.1 of the new act, « In any penal proceedings relating to an offence under this Act or the regulations, proof that the offence was committed in an immovable owned by the defendant is sufficient to establish that it was committed by the defendant, unless the defendant establishes that they exercised due diligence, taking all necessary precautions to prevent the offence. »

However, during a parliamentary committee, CORPIQ stated that it was out of the question that owners be held accountable for the actions of tenants who sublet to tourists without their permission. MPs Donald Martel (CAQ) and Claude Cousineau (PQ) also voiced their support for landlords and their disagreement of article 41.1.The Minister of Tourism, Dominique Vien, responded by noting that the landlord has the option of mentioning in the lease if the dwelling is leased for residential purposes only, in which case the tenant would not obtain certification to sublet it to tourists.

The following is an excerpt from an exchange between MP Donald Martel (CAQ) and Minister Dominique Vien during the parliamentary commission:

DM: ‘Just to be clear, if the tenant confirms on the lease that they do not undertake this type of activities, will the landlord be protected?'

DV: ‘Absolutely. That is my understanding. This is what we told the people who came to see us from CORPIQ and other associations.'

DM: ‘But in this case, what is the purpose of the Article?'

CORPIQ deems the current lease not clear enough and consequently should be modified for clarification on whether the landlord agrees to sub-let to tourists. A formal request to this effect will therefore be sent shortly to the minister.