23 (1) If the conditions in subsection (2) are met, the director may in writing, (a)  order any person having on deposit or controlling any assets or trust funds of a registrant or former registrant to hold those funds or assets; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 23 (1) (a) of the Act is amended by striking out “of a registrant or former registrant” and substituting “of a registered travel seller or former registered travel seller”. (See: 2017, c. 33, Sched. 5, s. 21 (1)) (b)  order a registrant or former registrant to refrain from withdrawing any asset or trust fund from a person having it on deposit or controlling it; or Note: On a day to be named by proclamation of the Lieutenant Governor, clause 23 (1) (b) of the Act is amended by striking out “a registrant or former registrant” and substituting “a registered travel seller or former registered travel seller”. (See: 2017, c. 33, Sched. 5, s. 21 (2)) (c)  order a registrant or former registrant to hold any asset or trust fund of a customer or other person in trust for the person entitled to it.  2002, c. 30, Sched. D, s. 23 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, clause 23 (1) (c) of the Act is amended by striking out “a registrant or former registrant” and substituting “a registered travel seller or former registered travel seller”. (See: 2017, c. 33, Sched. 5, s. 21 (2)) Conditions (2) The director may make an order under subsection (1) if he or she believes that it is advisable for the protection of the customers of a registrant or former registrant and, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 23 (2) of the Act is amended by striking out “of a registrant or former registrant” in the portion before clause (a) and substituting “of a registered travel seller or former registered travel seller”. (See: 2017, c. 33, Sched. 5, s. 21 (3)) (a)  a search warrant has been issued under this Act; or Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 23 (2) of the Act is amended by striking out “or” at the end of clause (a) and by adding the following clause: (See: 2017, c. 33, Sched. 5, s. 21 (4)) (a.1)  the director has made an order under section 29.1 or 29.2; or (b)  criminal proceedings or proceedings in relation to a contravention under this Act or under any other Act are about to be or have been instituted against the registrant or former registrant in connection with or arising out of the business in respect of which the registrant or former registrant is or was registered.  2002, c. 30, Sched. D, s. 23 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, clause 23 (2) (b) of the Act is amended by striking out “registrant or former registrant” and substituting “registered travel seller or former registered travel seller”. (See: 2017, c. 33, Sched. 5, s. 21 (5)) Limitation (3) In the case of a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020 or a loan or trust corporation, the order under subsection (1) applies only to the offices and branches named in the order.  2002, c. 30, Sched. D, s. 23 (3); 2020, c. 36, Sched. 7, s. 338. Release of assets (4) The director may consent to the release of any particular asset or trust fund from the order or may wholly revoke the order.  2002, c. 30, Sched. D, s. 23 (4). Exception (5) Subsection (1) does not apply if the registrant or former registrant files with the director, in such manner and amount as the director determines, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 23 (5) of the Act is amended by striking out “registrant or former registrant” in the portion before clause (a) and substituting “registered travel seller or former registered travel seller”. (See: 2017, c. 33, Sched. 5, s. 21 (5)) (a)  a personal bond accompanied by collateral security; (b)  a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance; (c)  a bond of a guarantor accompanied by collateral security; or (d)  another prescribed form of security.  2002, c. 30, Sched. D, s. 23 (5). Application to court (6) An application may be made to the Superior Court of Justice for a determination in respect of the disposition of any asset or trust fund, (a)  by a person in receipt of an order under subsection (1), if that person is in doubt as to whether the order applies to the asset or trust fund; or (b)  by a person who claims an interest in the asset or trust fund subject to the order.  2002, c. 30, Sched. D, s. 23 (6). Notice (7) If an order is made under this section, the director may register in the appropriate land registry office a notice that an order under subsection (1) has been issued and that the order may affect land belonging to the person referred to in the notice, and the notice has the same effect as the registration of a certificate of pending litigation, except that the director may in writing revoke or modify the notice.  2002, c. 30, Sched. D, s. 23 (7). Cancellation or discharge application (8) A registrant or former registrant in respect of which an order has been made under subsection (1) or any person having an interest in land in respect of which a notice is registered under subsection (7) may apply to the Tribunal for cancellation in whole or in part of the order or for discharge in whole or in part of the registration.  2002, c. 30, Sched. D, s. 23 (8). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 23 (8) of the Act is amended by striking out “registrant or former registrant” and substituting “registered travel seller or former registered travel seller”. (See: 2017, c. 33, Sched. 5, s. 21 (6)) Disposition by Tribunal (9) The Tribunal shall dispose of the application after a hearing and may cancel the order or discharge the registration in whole or in part if the Tribunal finds, (a)  that the order or registration is not required in whole or in part for the protection of customers of the applicant or of other persons having an interest in the land; or (b)  that the interests of other persons are unduly prejudiced by the order or registration.  2002, c. 30, Sched. D, s. 23 (9). Parties (10) The applicant, the director and such other persons as the Tribunal may specify are parties to the proceedings before the Tribunal.  2002, c. 30, Sched. D, s. 23 (10). Court application (11) If the director has made an order under subsection (1) or registered a notice under subsection (7), he or she may apply to the Superior Court of Justice for directions or an order as to the disposition of assets, trust funds or land affected by the order or notice.  2002, c. 30, Sched. D, s. 23 (11). Notice not required (12) An application by the director under this section may be made without notice to any other person.  2002, c. 30, Sched. D, s. 23 (12). Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 5, s. 21 (1-6) - not in force 2020, c. 36, Sched. 7, s. 338 - 01/03/2022