This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date.

Hotel Keepers Act

[RSBC 1979] CHAPTER 182

Contents
Section
  1.  Interpretation
  2.  Lien on property of guest and right of enforcement by sale
  3.  Limitation of liability of innkeeper for property of guest
  4.  Liability for refusal or failure to take charge of goods
  5.  Notice of law to be conspicuously posted in rooms of inn
  6.  Expulsion of undesirables

Interpretation

1.  In this Act

"accommodation" does not include money supplied to a guest;

"inn" includes a hotel, motel, auto court, inn, tavern, public house or other place of refreshment, the keeper of which is by law responsible for the goods and property of his guests;

"innkeeper" means the keeper of an inn, motel or auto court;

"vehicle" means a motor vehicle as defined in the Motor Vehicle Act.

Historical Note(s): RS1960-195-2.

Lien on property of guest and right of enforcement by sale

2.  (1) Every innkeeper, boarding house keeper and lodging house keeper has a lien on the baggage and property of his guest, boarder or lodger for the value or price of food or accommodation furnished to the guest, boarder or lodger, and, in addition to all other remedies provided by law, has the right, in case it remains unpaid for 3 months, to sell by public auction the baggage and property of the guest, boarder or lodger, on giving one week's notice by advertisement in a newspaper published in the electoral district in which the inn, boarding house or lodging house kept by him is situated, or, in case there is no newspaper published in the electoral district, in a newspaper published in the Province nearest to the inn, boarding house or lodging house of the intended sale, stating the

(a) name of the guest, boarder or lodger;

(b) amount of his indebtedness;

(c) description of the baggage or other property to be sold;

(d) time and place of sale; and

(e) name of the auctioneer;

and after the sale the innkeeper, boarding house keeper or lodging house keeper may apply the proceeds of the sale in payment of the amount due to him, and the costs of the advertising and sale, and shall pay over the surplus, if any, to the person entitled to it, on application being made by him for it.

(2) This section does not apply to a hotel tenant occupying residential premises under a tenancy agreement as defined under the Residential Tenancy Act.

Historical Note(s): RS1960-195-3; 1989-60-19.

Limitation of liability of innkeeper for property of guest

3.  (1) No innkeeper is liable to make good to his guest loss of or injury to goods or property brought to his inn, except where the goods or property have been

(a) stolen, lost or injured through the wilful act, default or neglect of the innkeeper or his servant;

(b) deposited expressly for safe custody with the innkeeper, except that in case of the deposit the innkeeper may require as a condition of his liability that the goods or property be deposited in a box or other receptacle, fastened and sealed by the person depositing the goods or property.

(2) Where the vehicle of a guest has been delivered to the custody of the innkeeper or his servant expressly for storage or parking in a place specifically reserved and designated by the innkeeper for the storing or parking of vehicles, the liability of the innkeeper is that of a bailee for reward.

Historical Note(s): RS1960-195-4.

Liability for refusal or failure to take charge of goods

4.  If an innkeeper refuses to receive for safe custody, as mentioned, goods or property of his guest, or if a guest, through a default of the innkeeper, is unable to deposit the goods or property, the innkeeper is not entitled to the benefit of this Act for the loss of or injury to the goods or property unless he proves that his inn was not equipped with a proper safe or vault or did not have a place for the storing or parking of vehicles and that he informed the guest at the time of refusing or failing to receive the goods or property.

Historical Note(s): RS1960-195-5.

Notice of law to be conspicuously posted in rooms of inn

5.  Every innkeeper shall keep conspicuously posted in the office and public rooms and in every bedroom in his inn a copy of section 3, printed in plain type. He is entitled to the benefit of the section for the goods or property brought to his inn only while the copies are posted.

Historical Note(s): RS1960-195-6.

Expulsion of undesirables

6.  An innkeeper or his representative may require a person, not registered as a guest, boarder or lodger, whom he considers undesirable to leave the inn, and in the event of that person failing to leave, may eject him from the inn premises.

Historical Note(s): RS1960-195-7.