Innkeepers Act Overview

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Questions and Answers

Under what circumstances is an innkeeper liable for the loss or injury of property?

When a guest fails to register their property.

When the property is lost or injured due to the innkeeper's employee's actions. (correct)

When the property belongs to someone who is not an occupant.

When property is simply left unattended in the room.

What must an innkeeper do regarding section 7 of the Innkeepers Act?

Ensure it is digitally available to guests.

Display it conspicuously in the office and bedrooms. (correct)

Provide it to guests upon request only.

Post a copy in the kitchen area.

When can an innkeeper claim the benefits of the Innkeepers Act?

At any time regardless of the postings.

When section 7 is posted as mandated. (correct)

Only when all guests have formally registered.

During peak seasons with high occupancy.

Which of the following is NOT a condition for the innkeeper's liability for items brought into the inn?

The items were left unattended by a guest. Signup and view all the answers

What type of deposit must be made for an innkeeper to be liable for property loss?

An express deposit for safe custody with an issued check. Signup and view all the answers

Which term refers to a person legally responsible for the property of guests in an establishment?

Innkeeper Signup and view all the answers

What does the term 'inn' specifically refer to in the context of the Innkeepers Act?

A lodging place under the care of an innkeeper Signup and view all the answers

Which of the following best describes a guest according to the Innkeepers Act?

A person who is able and willing to pay for services Signup and view all the answers

In the context of the Innkeepers Act, which entity qualifies as a 'peace officer'?

A peace officer under the Peace Officer Act Signup and view all the answers

Which of the following would be considered part of the definition of 'vehicle' as per the Act?

Horse and carriage Signup and view all the answers

What criteria must a person meet to be received as a guest at an inn?

They must be fit to be received and willing to pay Signup and view all the answers

What distinguishes an innkeeper from a simple property owner?

An innkeeper is legally responsible for guests' property Signup and view all the answers

How is the term 'in force' significant in the context of the Innkeepers Act?

It marks when the statute became legally effective Signup and view all the answers

What may an innkeeper do if a guest is indebted for board and lodging?

Detain the guest's personal effects until payment is made Signup and view all the answers

After how long can an innkeeper sell the detained property if the debt remains unpaid?

One month Signup and view all the answers

What must an innkeeper do before selling the detained property?

Publish a notice in a local newspaper Signup and view all the answers

What information is NOT required in the notice of sale for the detained property?

Location of the inn Signup and view all the answers

What can an innkeeper do with the proceeds from the sale of the detained property?

Apply it to the indebtedness and costs of sale Signup and view all the answers

What is the responsibility of the innkeeper regarding the personal property they detain?

Safeguard the personal property while it is detained Signup and view all the answers

What happens to any surplus proceeds after the sale of the property?

It must be paid to the indebted person upon application Signup and view all the answers

If property is not sold, how long must the innkeeper keep the detained property?

One month Signup and view all the answers

What happens if an application for surplus proceeds is not made immediately?

The surplus is given to the Minister for one year. Signup and view all the answers

Who may apply for the surplus proceeds after a public auction?

The mortgagee or a creditor of the owner. Signup and view all the answers

What discretion does the Minister have concerning applications for surplus proceeds?

To pay all or a portion of the surplus to the appropriate party. Signup and view all the answers

What can a judge do when there is more than one claimant for the surplus?

Direct interpleader proceedings to be taken. Signup and view all the answers

Who will be paid first according to the provisions provided?

Creditors according to their priorities. Signup and view all the answers

What document may be required for an application for surplus proceeds?

An affidavit as required by the Minister. Signup and view all the answers

What authority does the judge have concerning surplus proceeds in subsection (4)?

To make any just order based on evidence presented. Signup and view all the answers

What is the role of the Minister as defined in this section?

To manage surplus proceeds and handle claims. Signup and view all the answers

Under what condition is an innkeeper liable for a guest's property?

When property is stolen due to innkeeper's neglect Signup and view all the answers

What is required for an innkeeper to be liable for property delivered for safe custody?

The property must be deposited in a locked receptacle Signup and view all the answers

When does an innkeeper not have liability for a guest's property?

If the innkeeper refuses to receive the property Signup and view all the answers

In which scenario would an innkeeper be entitled to the benefits of the Act regarding a guest's property?

If the innkeeper's inn is equipped with a vault Signup and view all the answers

What happens if a guest cannot deliver their property due to the innkeeper's actions?

The innkeeper loses all liability for the property Signup and view all the answers

What does it mean when a vehicle is expressly delivered to an innkeeper?

The vehicle is stored in a specific area designated by the innkeeper Signup and view all the answers

What condition permits an innkeeper to avoid liability despite refusing custody of property?

The innkeeper informed the guest of inadequate storage facilities Signup and view all the answers

When is an innkeeper considered to be a bailee for reward?

When a vehicle is stored in a designated area against a fee Signup and view all the answers

What is defined as 'disturbance' under the described legislation?

Causing loud noise through any means Signup and view all the answers

What are the possible penalties for a person who causes a disturbance and does not leave after being requested?

Both a fine and imprisonment up to 6 months Signup and view all the answers

Under what conditions can a peace officer arrest a person without a warrant?

If the person committed an offence under section 9(2) Signup and view all the answers

What should an innkeeper do when they are aware of a disturbance?

Request the person causing the disturbance to leave Signup and view all the answers

What happens if an innkeeper fails to act against a known disturbance?

They may face a fine up to $500 Signup and view all the answers

How is 'continuation or recreation of a disturbance' defined in the context of this act?

Re-engaging in loud activities after being asked to stop Signup and view all the answers

What is the maximum imprisonment term for someone found guilty of causing a disturbance?

6 months Signup and view all the answers

What must a person do after being requested to leave an inn due to disturbance?

Leave the inn forthwith Signup and view all the answers

Study Notes

Innkeepers Act, RSA 2000, c 1-2

Replaces RSA 1980, c I-4
Current version in force since November 16, 2022
Link to the current version: https://canlii.ca/t/55qps
Citation to the current version: Innkeepers Act, RSA 2000, c 1-2
Current to November 16, 2022, according to the Alberta King's printer

Definitions

Inn: A place of which the innkeeper is the keeper
Innkeeper: A person responsible for the property of guests, including hotel, motel, auto court, cabin, or other accommodation providers
Peace Officer: A member of a municipal police service, the Royal Canadian Mounted Police, or a peace officer appointed under the Peace Officer Act
Vehicle: Includes motor vehicles, horses and carriages, and related items

Right to Detain Personal Effects

An innkeeper may detain the personal property of a person indebted for board and lodging
Responsible for safely keeping detained property
If charges remain unpaid after one month, the innkeeper can sell the property at public auction, providing proper notice
Notice must include the name of the indebted person, the amount of the debt, a description of the property, the time and place of the sale, and the auctioneer's name

Proceeds of Sale

Innkeeper can use sale proceeds to pay the indebtedness and advertising costs
Any surplus must be paid to the entitled person on application
If no application is made within a year, the surplus is paid to the Minister
The Minister may entertain applications, verified by affidavit, from the owner, mortgagee, or creditor
The judge, if appropriate, can direct interpleader proceedings or make other just orders

Liability for Goods Lost, Stolen or Injured

Innkeepers are not liable for lost, stolen or damaged property unless:
- The loss, theft, or damage resulted from the innkeeper's or their employee's fault
- The property was explicitly entrusted to the innkeeper for safekeeping (and a check was issued)

Posting Copy of Section 7

Innkeepers must post a copy of section 7 in the office and guest rooms.

Liability of Innkeeper

Innkeepers are not liable for loss or damage to property unless it resulted from their fault or the property was explicitly entrusted to them
Vehicles are an exception and treated as bailed goods
The innkeeper's liability for a vehicle is the same as a bailee for reward

Failure to Provide Safe Custody

Innkeeper's refusal to accept or guest's inability to deliver property for safekeeping, may result in less liability for the innkeeper for the property

Penalties for Disturbance

Disturbance: Includes fighting, screaming, shouting, singing, or other loud noises disrupting the peace and quiet of an inn
Persons causing a disturbance that continue or won't leave when requested by the innkeeper are liable to fine or imprisonment
Innkeepers or their agents who fail to address a disturbance are liable to a fine or imprisonment

Arrest Without Warrant

A peace officer may arrest a person committing an offence under section 9(2) if they have reasonable grounds to believe it

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Description

This quiz provides an overview of the Innkeepers Act, RSA 2000, including its definitions and key provisions. It highlights the responsibilities of innkeepers and their rights regarding the detention of personal effects for unpaid board and lodging. Test your understanding of this legislation in force since November 16, 2022.

Innkeepers Act Overview - RSA 2000

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