43 (1) The Lieutenant Governor in Council may make regulations, 1.  exempting any person or class of persons from any provision of this Act or the regulations and attaching conditions to an exemption; 2.  respecting applications for registration or renewal of registration and prescribing conditions of registration; 2.1  governing educational requirements for applicants for registration, applicants for renewal of registration and registrants, and their employees and contractors, including, Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2.1 of subsection 43 (1) of the Act is amended by striking out “and their employees and contractors” in the portion before subparagraph i. (See: 2017, c. 33, Sched. 5, s. 31 (1)) i.  requiring them to meet educational requirements specified by the board of the administrative authority, the Minister, the director or the registrar or to complete a program of studies that has been, or take one or more courses that have been, designated by the board of the administrative authority, the Minister, the director or the registrar, ii.  authorizing the board of the administrative authority, the Minister, the director or the registrar to designate organizations that are authorized to provide the programs and courses designated under subparagraph i, and iii.  requiring that all educational requirements specified under subparagraph i and the list of all programs and courses designated under that subparagraph be made available to the public; 3.  providing for the expiration and renewal of registrations; 3.1  prescribing requirements for the purposes of subsections 7.1 (1) and 8 (1); 4.  governing the composition of the discipline committee and the appeals committee and, subject to subsection 18 (3), governing matters relating to the appointment of the members of those committees; 5.  prescribing a maximum fine to be imposed for contravention of the code of ethics; 6.  respecting financial security requirements for registrants or any class of registrants, including requiring them to be bonded or insured or have collateral security, and prescribing the forfeiture of bonds, the disposition of proceeds and other terms related to the financial security requirements; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 43 (1) of the Act is amended by adding the following paragraph: (See: 2017, c. 33, Sched. 5, s. 31 (2)) 6.1  governing the administration of the financial security that the administrative authority receives from registrants; 7.  if there is a requirement that registrants or any class of registrants be insured, prescribing the minimum amount of insurance for which they must be insured and prescribing the insurers with which they must be insured; 8.  regulating the management and operation of branch offices of travel agents and permitting the registrar to determine whether an individual is qualified to manage or supervise an office operated by a travel agent; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 8 of subsection 43 (1) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 31 (3)) 8.  regulating the management and operation of branch offices of travel sellers who sell, to consumers, travel services provided by another person and permitting the registrar to determine whether an individual is qualified to manage or supervise an office operated by such a travel seller; 9.  governing contracts for the purchase or acquisition of travel services by travel wholesalers; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 9 of subsection 43 (1) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 31 (3)) 9.  governing contracts for the purchase or acquisition of travel services by travel sellers; 10.  requiring registrants to provide, on request and in the prescribed circumstances, proof of registration and prescribing the nature of the proof and the manner in which it is to be provided; 11.  requiring and governing the maintenance of trust accounts by registrants or any class of registrants, prescribing the money that shall be held in trust and the conditions of the trust and authorizing the registrar to specify the location at which such trust accounts must be kept; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 11 of subsection 43 (1) of the Act is amended by adding “and to impose trust accounting requirements in certain cases based on the financial risk posed by the registrant” at the end. (See: 2017, c. 33, Sched. 5, s. 31 4)) 12.  setting out the manner in which trust accounts are wound down when a registration ends; 13.  governing the documents and records that must be kept by registrants or any class of registrants, including the manner and location in which they are kept and the time periods for retaining such information and authorizing the registrar to specify the location at which they must be kept; 14.  prescribing the responsibilities of registrants or any class of registrant; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 43 (1) of the Act is amended by adding the following paragraph: (See: 2017, c. 33, Sched. 5, s. 31 (5)) 14.1  prescribing the responsibilities of any person who is a former registrant, or any class of person that is a class of former registrant, in connection with or arising out of the business in respect of which the person or class of person was registered or in respect of which registration was required under this Act; 15.  requiring registrants to provide information to the registrar concerning persons other than the registrants in order to assist in determining whether such persons are or may be interested persons; 16.  prescribing information that a travel agent or travel wholesaler must disclose to a customer or to another registrant; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 16 of subsection 43 (1) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 31 (6)) 16.  prescribing information that a travel seller or travel salesperson must disclose to a customer or to another registrant; 17.  governing the disclosure of names of registrants and other information concerning registrants; 18.  respecting procedures and other matters related to complaints under section 16; 19.  respecting inspections and investigations under this Act; 20.  respecting the manner in which and the frequency with which decisions of the discipline committee and appeals committee are made available to the public; 21.  governing procedures for hearings held by the Tribunal and providing for the responsibility for the payment of witness fees and expenses at proceedings before the Tribunal and prescribing the amounts of the fees and expenses; 22.  varying the manner in which a notice under subsection 23 (7) or a lien under subsection 34 (3) is registered as a result of technological or electronic changes in the filing of documents in the land registry office; 23.  prescribing information that must be provided to the registrar and requiring that specified information be verified by affidavit; 24.  governing contracts for the sale of travel services; 25.  governing the administration and maintenance of the Fund; 26.  requiring that the Fund be held in trust and prescribing the terms of the trust; 27.  requiring the participation in the Fund by travel agents and travel wholesalers; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 27 of subsection 43 (1) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 31 (7)) 27.  requiring travel sellers to participate in the Fund and governing their participation; 28.  requiring and respecting payments into the Fund by travel agents and travel wholesalers and governing the amounts of the payments; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 28 of subsection 43 (1) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 31 (7)) 28.  requiring and respecting payments into the Fund by travel sellers and governing the amounts of the payments; 29.  respecting the payment out of the Fund of claims and respecting the procedures and rules to be followed in respect of claims, including, i.  prescribing maximum amounts that may be paid out of the Fund in different circumstances, ii.  permitting the director, with the approval of the board of the administrative authority or, if there is no designated administrative authority, with the approval of the Minister, to authorize the payment out of the Fund of amounts exceeding the prescribed maximum amount in specified circumstances, iii.  prescribing rules that apply to payment out of the Fund of claims arising out of a major event, including the right to defer payment, to pay in instalments or to partially reimburse, and iv.  permitting the director to designate one or more events as a major event and prescribing the matters the director must consider in designating a major event; 29.1  permitting the director, in specified circumstances, to direct that payments be made from the Fund in order to enable or assist a person to depart on a trip immediately or to complete a trip that the person has begun, prescribing what constitutes or what is included in completion of a trip, and prescribing matters that the director may consider in deciding whether to make the direction; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 29.1 of subsection 43 (1) of the Act is amended by striking out “the director” wherever that expression appears and substituting in each case “the registrar”. (See: 2017, c. 33, Sched. 5, s. 31 (8)) 30.  respecting the payment out of the Fund for matters relating to the administration and operation of the Fund; 31.  prescribing the circumstances under which a registrant is required to reimburse the Fund for the payment of claims to customers of a registrant and prescribing rules respecting the time and manner for the reimbursement and the imposition of penalties and interest; 32.  governing the reimbursement by registrants to the Fund for money paid out of the Fund to reimburse a customer of the registrant or to provide travel services to a customer of the registrant; 33.  governing procedures and obligations if a participant is in default in making a payment to the Fund; 34.  respecting the borrowing of money to supplement the Fund; 35.  requiring decisions in respect of claims made against the Fund to be made available to the public, prescribing the manner in which the decisions are to be made available to the public, including requiring their publication, and governing the information contained in the decision which shall not be disclosed to the public; 36.  requiring the registrar to make available to the public the names of registrants and prescribing the form and manner in which the names of registrants are made available and prescribing other information in respect of registrants that may be made available to the public; 37.  requiring that any information required under this Act be in a form approved by the director, the registrar or the Minister, as specified in the regulation; 38.  regulating advertising and representations or promises intended to induce the sale of travel services; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 38 of subsection 43 (1) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 31 (9)) 38.  regulating advertising and representations or promises intended to induce the sale of travel services, whether or not made by a person who is registered, including those made to a consumer in Ontario by a person who is acting as a travel seller or travel salesperson in a jurisdiction other than Ontario; 39.  Repealed:  2004, c. 19, s. 23 (33). 40.  requiring registrants or classes of registrants to maintain business premises that comply with the prescribed rules; 41.  delegating to the Minister the power to make regulations with respect to any matter that may be the subject of a regulation under this section; 42.  prescribing rules relating to addresses for service under the Act; 43.  providing for any transitional matter necessary for the effective implementation of this Act or the regulations; 44.  governing the application of the Electronic Commerce Act, 2000 or any part of that Act to this Act; 45.  prescribing any matter or thing that this Act refers to as being prescribed or in accordance with the regulations; 46.  defining, for the purposes of this Act and the regulations, any word or expression that is used in this Act but not defined in this Act; 47.  authorizing the director or the board of the administrative authority to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purposes of those programs.  2002, c. 30, Sched. D, s. 43 (1); 2004, c. 19, s. 23 (27-34); 2017, c. 33, Sched. 5, s. 31 (10). Residual authority to act (2) Despite any delegation to the Minister under this section and without having to revoke the delegation, the Lieutenant Governor in Council continues to have authority to make regulations in respect of the matter that is the subject of the delegation.  2002, c. 30, Sched. D, s. 43 (2). Revocation, transition (3) The Lieutenant Governor in Council may, by regulation, revoke a delegation to the Minister under paragraph 41 of subsection (1), but the revocation of a delegation does not result in the revocation of any regulation that was made, before the revocation of the delegation, (a)  by the Minister under the delegated power; or (b)  by the board of the administrative authority pursuant to a delegation by the Minister under subsection 42 (2), and the Minister’s or board’s regulation remains valid.  2004, c. 19, s. 23 (35). Making regulation not a revocation (4) The making of a regulation to which subsection (2) applies by the Lieutenant Governor in Council shall not constitute the revocation of a delegation under this section unless the regulation so specifies.  2002, c. 30, Sched. D, s. 43 (4). (5) Repealed: 2017, c. 33, Sched. 5, s. 31 (11). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 23 (27-35) - 01/07/2005 2012, c. 8, Sched. 11, s. 52 (5) - no effect -see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020 2017, c. 33, Sched. 5, s. 31 (1-9) - not in force; 2017, c. 33, Sched. 5, s. 31 (10, 11) - 14/12/2017 44 Omitted (provides for coming into force of provisions of this Act).  2002, c. 30, Sched. D, s. 44. 45 Omitted (enacts short title of this Act).  2002, c. 30, Sched. D, s. 45. ______________  Français