Podcast
Questions and Answers
Under what circumstances is an innkeeper liable for the loss or injury of property?
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?
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?
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?
Which of the following is NOT a condition for the innkeeper's liability for items brought into the inn?
What type of deposit must be made for an innkeeper to be liable for property loss?
What type of deposit must be made for an innkeeper to be liable for property loss?
Which term refers to a person legally responsible for the property of guests in an establishment?
Which term refers to a person legally responsible for the property of guests in an establishment?
What does the term 'inn' specifically refer to in the context of the Innkeepers Act?
What does the term 'inn' specifically refer to in the context of the Innkeepers Act?
Which of the following best describes a guest according to the Innkeepers Act?
Which of the following best describes a guest according to the Innkeepers Act?
In the context of the Innkeepers Act, which entity qualifies as a 'peace officer'?
In the context of the Innkeepers Act, which entity qualifies as a 'peace officer'?
Which of the following would be considered part of the definition of 'vehicle' as per the Act?
Which of the following would be considered part of the definition of 'vehicle' as per the Act?
What criteria must a person meet to be received as a guest at an inn?
What criteria must a person meet to be received as a guest at an inn?
What distinguishes an innkeeper from a simple property owner?
What distinguishes an innkeeper from a simple property owner?
How is the term 'in force' significant in the context of the Innkeepers Act?
How is the term 'in force' significant in the context of the Innkeepers Act?
What may an innkeeper do if a guest is indebted for board and lodging?
What may an innkeeper do if a guest is indebted for board and lodging?
After how long can an innkeeper sell the detained property if the debt remains unpaid?
After how long can an innkeeper sell the detained property if the debt remains unpaid?
What must an innkeeper do before selling the detained property?
What must an innkeeper do before selling the detained property?
What information is NOT required in the notice of sale for the detained property?
What information is NOT required in the notice of sale for the detained property?
What can an innkeeper do with the proceeds from the sale of the detained property?
What can an innkeeper do with the proceeds from the sale of the detained property?
What is the responsibility of the innkeeper regarding the personal property they detain?
What is the responsibility of the innkeeper regarding the personal property they detain?
What happens to any surplus proceeds after the sale of the property?
What happens to any surplus proceeds after the sale of the property?
If property is not sold, how long must the innkeeper keep the detained property?
If property is not sold, how long must the innkeeper keep the detained property?
What happens if an application for surplus proceeds is not made immediately?
What happens if an application for surplus proceeds is not made immediately?
Who may apply for the surplus proceeds after a public auction?
Who may apply for the surplus proceeds after a public auction?
What discretion does the Minister have concerning applications for surplus proceeds?
What discretion does the Minister have concerning applications for surplus proceeds?
What can a judge do when there is more than one claimant for the surplus?
What can a judge do when there is more than one claimant for the surplus?
Who will be paid first according to the provisions provided?
Who will be paid first according to the provisions provided?
What document may be required for an application for surplus proceeds?
What document may be required for an application for surplus proceeds?
What authority does the judge have concerning surplus proceeds in subsection (4)?
What authority does the judge have concerning surplus proceeds in subsection (4)?
What is the role of the Minister as defined in this section?
What is the role of the Minister as defined in this section?
Under what condition is an innkeeper liable for a guest's property?
Under what condition is an innkeeper liable for a guest's property?
What is required for an innkeeper to be liable for property delivered for safe custody?
What is required for an innkeeper to be liable for property delivered for safe custody?
When does an innkeeper not have liability for a guest's property?
When does an innkeeper not have liability for a guest's property?
In which scenario would an innkeeper be entitled to the benefits of the Act regarding a guest's property?
In which scenario would an innkeeper be entitled to the benefits of the Act regarding a guest's property?
What happens if a guest cannot deliver their property due to the innkeeper's actions?
What happens if a guest cannot deliver their property due to the innkeeper's actions?
What does it mean when a vehicle is expressly delivered to an innkeeper?
What does it mean when a vehicle is expressly delivered to an innkeeper?
What condition permits an innkeeper to avoid liability despite refusing custody of property?
What condition permits an innkeeper to avoid liability despite refusing custody of property?
When is an innkeeper considered to be a bailee for reward?
When is an innkeeper considered to be a bailee for reward?
What is defined as 'disturbance' under the described legislation?
What is defined as 'disturbance' under the described legislation?
What are the possible penalties for a person who causes a disturbance and does not leave after being requested?
What are the possible penalties for a person who causes a disturbance and does not leave after being requested?
Under what conditions can a peace officer arrest a person without a warrant?
Under what conditions can a peace officer arrest a person without a warrant?
What should an innkeeper do when they are aware of a disturbance?
What should an innkeeper do when they are aware of a disturbance?
What happens if an innkeeper fails to act against a known disturbance?
What happens if an innkeeper fails to act against a known disturbance?
How is 'continuation or recreation of a disturbance' defined in the context of this act?
How is 'continuation or recreation of a disturbance' defined in the context of this act?
What is the maximum imprisonment term for someone found guilty of causing a disturbance?
What is the maximum imprisonment term for someone found guilty of causing a disturbance?
What must a person do after being requested to leave an inn due to disturbance?
What must a person do after being requested to leave an inn due to disturbance?
Flashcards
Inn
Inn
A place where an innkeeper provides lodging services.
Innkeeper
Innkeeper
A person responsible for guest property and providing lodging to paying guests.
Peace Officer
Peace Officer
A member of municipal police, RCMP, or an appointed peace officer.
Vehicle
Vehicle
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Guest
Guest
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Innkeeper's Responsibility
Innkeeper's Responsibility
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Reasonable Sum
Reasonable Sum
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Innkeeper's Accommodation
Innkeeper's Accommodation
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Innkeeper's right to detain property
Innkeeper's right to detain property
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Scope of detainable items
Scope of detainable items
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Time limit for detention
Time limit for detention
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Public auction sale
Public auction sale
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Sale notice requirements
Sale notice requirements
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Proceeds of sale application
Proceeds of sale application
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Additional legal remedies
Additional legal remedies
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Legal precedent
Legal precedent
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Innkeeper's Liability for Lost Goods
Innkeeper's Liability for Lost Goods
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Conditions for Innkeeper Liability
Conditions for Innkeeper Liability
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Innkeeper's Duty to Post Notice
Innkeeper's Duty to Post Notice
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Innkeeper's Protection: Posting the Notice
Innkeeper's Protection: Posting the Notice
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Guest Property Protection
Guest Property Protection
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Handling surplus proceeds from sale
Handling surplus proceeds from sale
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Owner/Mortgagee/Creditor application
Owner/Mortgagee/Creditor application
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Minister's Discretionary Power
Minister's Discretionary Power
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Judge's Role
Judge's Role
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Creditor Priorities
Creditor Priorities
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Minister's Authority
Minister's Authority
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Minister's Definition
Minister's Definition
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Interpleader Proceedings
Interpleader Proceedings
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Innkeeper's Liability
Innkeeper's Liability
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Safe Custody
Safe Custody
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Vehicle Storage
Vehicle Storage
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Refusing Custody
Refusing Custody
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Innkeeper's Benefit
Innkeeper's Benefit
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Guest's Rights
Guest's Rights
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Innkeeper's Facilities
Innkeeper's Facilities
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Innkeeper's Duty to Inform
Innkeeper's Duty to Inform
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Disturbance in an Inn
Disturbance in an Inn
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Consequences of Disturbance
Consequences of Disturbance
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Innkeeper's Responsibility in a Disturbance
Innkeeper's Responsibility in a Disturbance
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Penalty for Innkeeper's Failure
Penalty for Innkeeper's Failure
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Peace Officer's Authority
Peace Officer's Authority
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Legal Consequences of Disturbance
Legal Consequences of Disturbance
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Innkeeper's Role
Innkeeper's Role
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Guest's Responsibility
Guest's Responsibility
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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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