22 (1) The director may apply to the Superior Court of Justice for the appointment of a receiver and manager to take possession and control of the business of a registrant if, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (1) of the Act is amended by striking out “a registrant” in the portion before clause (a) and substituting “a registered travel seller”. (See: 2017, c. 33, Sched. 5, s. 20 (1)) (a)  an investigation of the registrant has been undertaken under this Act; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 22 (1) (a) of the Act is amended by striking out “the registrant” and substituting “the registered travel seller”. (See: 2017, c. 33, Sched. 5, s. 20 (2)) (b)  the director has made or is about to make an order under section 23; (c)  the director has reasonable grounds to believe that a registrant has failed or is about to fail to provide contracted and paid for travel services to a customer; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 22 (1) (c) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 20 (3)) (c)  the director has reasonable grounds to believe that the registered travel seller has failed or is about to fail to provide contracted and paid for travel services to a customer; (d)  the director is advised that the registrar has proposed to suspend or revoke a registration under section 11 or to temporarily suspend a registration under section 12; or (e)  the director is advised that an investigation under section 5.1 of the Ministry of Consumer and Business Services Act has been ordered.  2002, c. 30, Sched. D, s. 22 (1). Order to appoint (2) The court may make an order for the appointment of a receiver and manager, if it is satisfied that it is in the public interest to have a receiver and manager take control of the business of a registrant.  2002, c. 30, Sched. D, s. 22 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (2) of the Act is amended by striking out “a registrant” at the end and substituting “a registered travel seller”. (See: 2017, c. 33, Sched. 5, s. 20 (4)) Notice (3) The court may make an order under subsection (2) without notice, or if it considers that notice should be given, upon such notice as the court stipulates.  2002, c. 30, Sched. D, s. 22 (3). Appointment not longer than 60 days (4) The order of the court shall provide for the term of the receiver and manager but the term shall not be longer than 60 days.  2002, c. 30, Sched. D, s. 22 (4). 60-day extensions (5) Despite subsection (4), the director may, without notice, apply to the court to extend the receiver and manager’s term for further terms of not more than 60 days each.  2002, c. 30, Sched. D, s. 22 (5). Duties of receiver and manager (6) The receiver and manager shall, (a)  take possession and control of the assets of the registrant’s business; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 22 (6) (a) of the Act is amended by striking out “the registrant’s business” at the end and substituting “the registered travel seller’s business”. (See: 2017, c. 33, Sched. 5, s. 20 (5)) (b)  conduct the business of the registrant; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause 22 (6) (b) of the Act is amended by striking out “the registrant” and substituting “the registered travel seller”. (See: 2017, c. 33, Sched. 5, s. 20 (6)) (c)  take such steps that are, in the opinion of the receiver and manager, necessary for the rehabilitation of the business.  2002, c. 30, Sched. D, s. 22 (6). Powers of receiver and manager (7) The receiver and manager has all the powers of the board of directors of the corporation, if the registrant is a corporation, or of a sole proprietor or all partners if the registrant is not a corporation.  2002, c. 30, Sched. D, s. 22 (7). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (7) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 20 (7)) Powers of receiver and manager (7) The receiver and manager has all the powers of the board of directors of the corporation, if the registered travel seller is a corporation, or of a sole proprietor or all partners if the registered travel seller is not a corporation. 2017, c. 33, Sched. 5, s. 20 (7). May exclude directors, etc. (8) Without limiting the generality of subsection (7), the receiver and manager may exclude the directors, officers, employees and agents of the business, interested persons in respect of the business and any other persons connected with the business from the premises and property of the business.  2002, c. 30, Sched. D, s. 22 (8). Interested persons (9) Subsection 8 (5) applies to this section except that the opinion as to whether a person is deemed to be interested in respect of another person is that of the receiver and manager.  2002, c. 30, Sched. D, s. 22 (9). Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 5, s. 20 (1-7) - not in force