jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
 1. In this Regulation, “accommodation” means any room that is to be used for lodging by the customer or other person for whom the travel services were purchased, and includes any other facilities and services related to the room that are for the use of the customer or other person, but does not include meals; (“hébergement”) “board of directors” means the board of directors of the administrative authority; (“conseil d’administration”) “major event” means one or more events designated as a major event by the director under section 65; (“événement majeur”) “sales in Ontario”, when used in reference to a period of time, means, (a)  in the case of a registered travel agent, the amount paid or to be paid to or through the travel agent for all travel services sold in Ontario during the relevant period, or (b)  in the case of a registered travel wholesaler, the amount paid or to be paid to or through the travel wholesaler for all travel services sold in Ontario during the relevant period. (“chiffre d’affaires en Ontario”)  O. Reg. 26/05, s. 1.
Applications and Renewals
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Application, form and fee
 3. (1) An application for registration or for renewal of registration as a travel agent or a travel wholesaler shall contain all the required information, in a form approved by the registrar, and shall be accompanied by the relevant fee set by the administrative authority under clause 12 (1) (b) of the Safety and Consumer Statutes Administration Act, 1996, payable to the administrative authority.  O. Reg. 26/05, s. 3 (1). (2) An application that does not comply with subsection (1) is incomplete.  O. Reg. 26/05, s. 3 (2).
Expiry of registration
 4. Every registration expires on the date shown on the certificate of registration.  O. Reg. 26/05, s. 4.
Prescribed requirements for registration or renewal
 5. For the purposes of subsection 8 (1) of the Act, an applicant for registration or renewal of registration shall meet the following requirements: 1.  If the applicant is an individual, he or she is at least 18 years of age and is a resident of Canada. 2.  The applicant does not owe the administrative authority a payment under clause 12 (1) (c) of the Safety and Consumer Statutes Administration Act, 1996, or if the applicant does owe the administrative authority such a payment, the applicant has made arrangements acceptable to the registrar to pay the amount. 3.  The administrative authority does not have an outstanding judgment against the applicant, or if the administrative authority does have such a judgment, the applicant has made arrangements acceptable to the registrar to satisfy the judgment. 4.  The administrative authority has not paid any claims from the Fund in relation to the applicant’s bankruptcy, insolvency or ceasing to carry on business, or if the administrative authority has paid such claims, the applicant has reimbursed the administrative authority for them and for the administrative authority’s costs, or made arrangements acceptable to the registrar to do so. 5.  If required to provide security in accordance with section 25, the applicant has done so. 6.  Every other person who is an interested person in respect of the applicant for the purposes of section 8 of the Act also satisfies the conditions in paragraphs 2 to 5.  O. Reg. 26/05, s. 5; O. Reg. 79/07, s. 1.
Prescribed conditions, continuation pending renewal
 6. The prescribed conditions for the purpose of subsection 11 (8) of the Act are: 1.  If the registrant is an individual, he or she is a resident of Canada. 2.  The registrant does not owe the administrative authority a payment under clause 12 (1) (c) of the Safety and Consumer Statutes Administration Act, 1996, or if the registrant does owe the administrative authority such a payment, the registrant has made arrangements acceptable to the registrar to pay the amount. 3.  The administrative authority does not have an outstanding judgment against the registrant, or if the administrative authority does have such a judgment, the registrant has made arrangements acceptable to the registrar to satisfy the judgment. 4.  The administrative authority has not paid any claims from the Fund in relation to the registrant’s bankruptcy, insolvency or ceasing to carry on business, or if the administrative authority has paid such claims, the registrant has reimbursed the administrative authority for them and for the administrative authority’s costs, or made arrangements acceptable to the registrar to do so. 5.  If required to provide security in accordance with section 25, the registrant has done so.  O. Reg. 26/05, s. 6; O. Reg. 79/07, s. 1.
Prescribed time to reapply after refusal, etc.
 7. The prescribed time for the purpose of clause 14 (a) of the Act is 30 days.  O. Reg. 26/05, s. 7. Obligations of Registrants
Obligations of Registrants
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Individual registrant, prescribed condition
 8. For the purposes of subsection 8 (2) of the Act, it is a prescribed condition that a registrant who is an individual be a resident of Canada.  O. Reg. 26/05, s. 8.
Name
 9. (1) A registrant shall not carry on business under a name other than, (a)  the name appearing on the registration; or (b)  a name registered under the Business Names Act.  O. Reg. 26/05, s. 9 (1). (2) The registrant shall notify the registrar of the names under which business will be carried on, and shall not carry on business under those names until the registrant has received the registrar’s acknowledgment of the notice.  O. Reg. 26/05, s. 9 (2). (3) The registrant shall not carry on business under a name that indicates a sponsorship, approval, status or affiliation that the registrant does not have.  O. Reg. 26/05, s. 9 (3).
Place of business
 10. (1) A registrant shall carry on business in Ontario only from a permanent place of business in Ontario.  O. Reg. 26/05, s. 10 (1). (2) A registrant shall not carry on business from a dwelling unless the following conditions are met: 1.  The registrant provides proof to the registrar that carrying on the business from the dwelling is permitted by the municipality responsible for enforcing local zoning requirements. 2.  The registrant has a business telephone number that is listed under the name under which the registrant carries on business and is different from any residential telephone number. 3.  The registrant has made arrangements that are satisfactory to the registrar to provide access to the registrant’s business records.  O. Reg. 26/05, s. 10 (2).
Branch office
 11. A registrant shall not operate a branch office in Ontario unless the branch office is authorized by the registration.  O. Reg. 26/05, s. 11.
Sale of travel services by travel agent
 12. (1) A registrant who is a travel agent shall not sell or offer to sell travel services unless, (a)  the travel services are sold or offered in accordance with subsection (2), (3) or (4), as the case may be; (b)  the name under which the registrant carries on business and the registrant’s address and business telephone number are disclosed to the customer; and (c)  any connection between the registrant and any other registrant that is relevant to the travel services being sold or offered to the customer by the first-named registrant is disclosed to the customer.  O. Reg. 26/05, s. 12 (1); O. Reg. 161/10, s. 1 (1). (2) During the period that ends on June 30, 2009, the travel services referred to in clause (1) (a) shall be sold or offered, (a)  directly by the registrant; or (b)  by an individual who is employed by or has a written contract with the registrant.  O. Reg. 26/05, s. 12 (2); O. Reg. 278/07, s. 1. (3) On and after July 1, 2009, a registrant who is a travel agent and not an individual shall not sell or offer to sell travel services unless the services are sold or offered, (a)  directly by the registrant; or (b)  by an individual who is employed by or has a written contract with the registrant and who, (i)  has obtained from the administrative authority the required certification for being a travel counsellor and, if applicable, the required certification for being a travel supervisor/manager, or (ii)  meets the conditions set out in subsection 15 (3).  O. Reg. 161/10, s. 1 (2). (4) On and after July 1, 2009, a registrant who is a travel agent and an individual shall not sell or offer to sell travel services unless the registrant has obtained from the administrative authority the required certification for being a travel counsellor and, if applicable, the required certification for being a travel supervisor/manager.  O. Reg. 161/10, s. 1 (2).
Certificate of registration
 13. (1) A registrant shall keep the certificate of registration at the office or branch office for which it is issued and shall produce it for inspection on any person’s request.  O. Reg. 26/05, s. 13 (1). (2) If a registration is revoked, suspended or cancelled or if the registrant voluntarily ceases business, the registrant shall promptly return the certificate of registration to the registrar by registered mail or by personal delivery.  O. Reg. 26/05, s. 13 (2). 14. Revoked: O. Reg. 170/16, s. 2.
Employees and contractors
 15. (1) This section applies on and after July 1, 2009.  O. Reg. 26/05, s. 15 (1); O. Reg. 278/07, s. 1. (2) A travel agent shall ensure that, (a)  each office operated by the travel agent is managed and supervised, throughout its hours of operation, by a person who, (i)  meets the conditions set out in subsection (2.1), or (ii)  meets the conditions set out in subsection (3); and (b)  at least one person who has obtained the required certification for being a travel counsellor from the administrative authority is available at each office operated by the travel agent, throughout its hours of operation.  O. Reg. 26/05, s. 15 (2); O. Reg. 161/10, s. 2 (1, 2). (2.1) The conditions referred to in subclause (2) (a) (i) are that the person, (a)  has obtained from the administrative authority the required certification for being, (i)  a travel counsellor, and (ii)  a travel supervisor/manager within six months of being employed by the travel agent as a supervisor/manager; and (b)  in the registrar’s opinion, has sufficient experience with and knowledge of the business of selling travel services to ensure that the office is managed in compliance with the Act and this Regulation.  O. Reg. 161/10, s. 2 (3). (3) The conditions referred to in subclause (2) (a) (ii) are that the person, (a)  on June 30, 2009, managed and supervised an office operated by a travel agent; (b)  has obtained from the administrative authority the required certification for being a travel counsellor; and (c)  in the registrar’s opinion, has sufficient experience with and knowledge of the business of selling travel services to ensure that the office is managed in compliance with the Act and this Regulation.  O. Reg. 26/05, s. 15 (3); O. Reg. 278/07, s. 1; O. Reg. 161/10, s. 2 (4). (4) An application for renewal of registration as a travel agent shall be accompanied by a list of the names and addresses of the persons who meet the requirements of subsection (2) and, (a)  are employees of the applicant; or (b)  have contracts for services with the applicant.  O. Reg. 26/05, s. 15 (4). (5) An application for registration as a travel agent by an applicant who was not registered at the time of the application shall be accompanied by a list of the names and addresses of the persons who meet the requirements of subsection (2) or are expected to have done so by the time the applicant is registered and, (a)  are employees or proposed employees of the applicant; or (b)  have contracts or proposed contracts for services with the applicant.  O. Reg. 26/05, s. 15 (5).
Records re employees and contractors
 16. (1) A registrant shall maintain accurate and up-to-date records about persons who counsel customers in relation to travel services and are employed by or have contracts for services with the registrant.  O. Reg. 26/05, s. 16 (1). (2) On and after July 1, 2009, the records required by subsection (1) include copies of the relevant certificates issued by the administrative authority.  O. Reg. 26/05, s. 16 (2); O. Reg. 278/07, s. 1; O. Reg. 161/10, s. 3.
Advance notice to registrar re certain changes
 17. (1) During the period that ends on June 30, 2009, a registrant shall notify the registrar at least five days before any of the following takes place: 1.  A change of address for the office or a branch office of the registrant. 2.  A change of the person identified under section 14 to manage and supervise an office. 3.  A change in the name or number of an account or in the financial institution in which the account is maintained.  O. Reg. 26/05, s. 17 (1); O. Reg. 278/07, s. 1. (2) On and after July 1, 2009, a registrant shall notify the registrar at least five days before any of the following takes place: 1.  A change of address for the office or a branch office of the registrant. 2.  Any change of the person who satisfies the requirements of clause 15 (2) (a), if the registrant is aware of the change at least five days before the change takes place. 3.  A change in the name or number of an account or in the financial institution in which the account is maintained.  O. Reg. 26/05, s. 17 (2); O. Reg. 278/07, ss. 1, 2 (1). (3) If a change of the person who satisfies the requirements of clause 15 (2) (a) takes place and a registrant is not aware of the change at least five days before the change takes place, the registrant shall notify the registrar immediately upon becoming aware of the change.  O. Reg. 278/07, s. 2 (2).
Notice to registrar re other changes
 18. If there is a change to any of the required information that was included in a registrant’s application under subsection 3 (1), other than a change described in section 17, the registrant shall notify the registrar within five days after the change takes place.  O. Reg. 26/05, s. 18.
Notice of ceasing to sell travel services
 18.1 (1) A registrant that knows that it will cease to sell travel services at least 10 days before doing so shall provide written notice to the registrar as soon as practicable, but in no event less than 10 days before ceasing to sell travel services.  O. Reg. 161/10, s. 4. (2) A registrant that does not know that it will cease to sell travel services at least 10 days before doing so shall notify the registrar as soon as practicable after becoming aware that it will cease to sell travel services.  O. Reg. 161/10, s. 4. (3) A registrant that ceases to sell travel services shall provide the following to the registrar at the earliest practicable opportunity: 1.  A letter setting out the exact date that the registrant ceased to sell travel services, if the registrant did not provide notice of that date under subsection (1). 2.  A letter setting out the location where the registrant’s business records relating to the travel services that it sold will be kept.  O. Reg. 161/10, s. 4.
Information in approved form
 19. A registrant who is required to provide information to the administrative authority or to the registrar shall provide it in a form approved by the registrar.  O. Reg. 26/05, s. 19.
Unregistered travel agent or travel wholesaler
 20. A registrant shall not carry on business with another person who is required to be registered under the Act but is not in fact so registered.  O. Reg. 26/05, s. 20.
Notice of ceasing to trade with registrant
 21. A registrant who ceases to trade with another registrant by reason of the other registrant’s apparent lack of financial responsibility shall promptly notify the registrar in writing of the fact and of the reasons for ceasing to trade.  O. Reg. 26/05, s. 21.
Positive working capital
 24. (1) Revoked: O. Reg. 101/20, s. 2 (1). (2) A registrant shall maintain current assets greater than its current liabilities. O. Reg. 101/20, s. 2 (2). (3) A registrant’s current assets and current liabilities shall be calculated in accordance with generally accepted accounting principles and shall not include, (a)  the value of any security provided under subsection 25 (1); or (b)  capital belonging to any person who is an interested person in respect of the registrant for the purposes of subsection 8 (5) of the Act.  O. Reg. 26/05, s. 24 (3); O. Reg. 101/20, s. 2 (3, 4). (4) A registrant is exempt from this section if the following conditions are satisfied: 1.  The registrant is a not-for-profit corporation without share capital. 2.  The registrant has entered into a transfer payment agreement or other funding agreement with the Crown in right of Ontario or a municipality. 3.  The term of the agreement is set out in the agreement, is for a period of not less than one year and has not expired. 4.  The agreement requires the registrant to promote tourism in any geographic area of Ontario. 5.  If the registrar requires the registrant to provide the registrar with a copy of the agreement, the registrant provides the copy to the registrar within the time and in the manner that the registrar specifies. 6.  If the registrar requires the registrant to provide the registrar with information about facts affecting matters dealt with in the agreement, the registrant provides the information within the time and in the manner that the registrar specifies. 7.  The registrant provides written notice to the registrar of any amendments to the agreement within a reasonable time following an amendment. O. Reg. 170/16, s. 5. Table Revoked: O. Reg. 101/20, s. 2 (5).
Bank accounts
 26. (1) A registrant shall maintain all accounts in Ontario in a bank listed in Schedule I or II to the Bank Act (Canada), a loan or trust corporation or a credit union as defined in the Credit Unions and Caisses Populaires Act, 2020.  O. Reg. 26/05, s. 26 (1); O. Reg. 134/22, s. 1. (2) Each account shall be in a name under which the registrant is permitted to carry on business in accordance with subsection 9 (1).  O. Reg. 26/05, s. 26 (2). (3) The registrant shall promptly deposit all funds received as payment for travel services into such an account.  O. Reg. 26/05, s. 26 (3).
Interpretation
 26.1 In sections 27 and 28, money that a registrant receives from customers for travel services in reference to a period of time means the money for travel services that the registrant actually receives from customers during that period, but does not include, (a)  amounts for travel services that are paid by customers through the registrant during that period; or (b)  amounts for travel services sold to customers during that period if the amounts are to be paid to the registrant outside of that period.  O. Reg. 161/10, s. 6.
Trust accounts
 27. (1) A registrant shall maintain a trust account for all money received from customers for travel services.  O. Reg. 26/05, s. 27 (1). (2) The trust account shall be designated as a Travel Industry Act trust account.  O. Reg. 26/05, s. 27 (2). (3) A registrant shall hold all money received from customers for travel services in trust and shall deposit all such money into the trust account within two banking days after receiving it.  O. Reg. 26/05, s. 27 (3). (4) No registrant shall maintain more than one trust account under subsection (1) without the registrar’s written consent, obtained in advance.  O. Reg. 26/05, s. 27 (4). (5) A registrant shall file with the registrar, (a)  a copy of the trust agreement with the financial institution, within five days after establishing a trust account; and (b)  a copy of any changes to the trust agreement, within five days after making the changes.  O. Reg. 26/05, s. 27 (5). (6) No registrant shall disburse or withdraw any money held in a trust account under subsection (1), except, (a)  to make payment to the supplier of the travel services for which the money was received; (b)  to make a refund to a customer; or (c)  after the supplier of the travel services has been paid in full, to pay the registrant’s commission.  O. Reg. 26/05, s. 27 (6).
Security instead of trust account
 28. (1) Despite section 27, a registrant who has been registered and carrying on business continuously for at least one fiscal year may, instead of maintaining a trust account, provide security to the administrative authority in an amount that is equal to or greater than one-sixth of the money that the registrant receives from customers for travel services for the 12-month period ending on the last day accounted for in the most recent annual, semi-annual or quarterly financial documents, as the case may be, required to be filed under section 22.  O. Reg. 26/05, s. 28 (1); O. Reg. 161/10, s. 7 (1); O. Reg. 101/20, s. 4 (1). (1.1) The financial documents referred to in subsection (1) shall set out the total amount of money that the registrant received from customers for travel services for the period to which the documents relate.  O. Reg. 161/10, s. 7 (2); O. Reg. 101/20, s. 4 (2). (2) The obligation to maintain a trust account does not cease until the registrant receives the registrar’s acknowledgment that the security has been received.  O. Reg. 26/05, s. 28 (2). (3) A registrant who provides security under subsection (1) shall, within 30 days after the day the registrant is required to file any financial documents under section 22, review the amount of the security and ensure that it continues to meet the requirements of subsection (1).  O. Reg. 26/05, s. 28 (3); O. Reg. 101/20, s. 4 (3).
Business records
 29. (1) A registrant shall maintain the following business records at the registrant’s principal place of business, or at another place that the registrar approves in writing: 1.  Accounting records setting out in detail the registrant’s income and expenses and supporting documentary evidence, including copies of statements, invoices or receipts that have unique identifiers or serial numbers provided to customers. 2.  Banking records that readily identify and may be used to verify all transactions that were made in connection with the registrant’s business. 3.  A written record of all payments made by or to the registrant respecting the purchase or sale of travel services.  The record shall be in a form that enables the registrar to identify readily the transaction to which each payment relates, based on the unique identifiers or serial numbers. 4.  The files maintained under subsections 39 (3) and 40 (3).  O. Reg. 26/05, s. 29 (1). (2) Any record required to be maintained under subsection (1) shall be retained for a period of at least six years after the date of the relevant transaction.  O. Reg. 26/05, s. 29 (2).
Application of ss. 31-37
 30. Sections 31 to 37 apply with respect to representations relating to the provision of travel services.  O. Reg. 26/05, s. 30.
Requirements relating to representations
 31. (1) A registrant who makes a representation or who has one made on the registrant’s behalf shall ensure that it complies with the Act and with this Regulation.  O. Reg. 26/05, s. 31 (1). (2) Unless a representation is made orally, (a)  it shall include the name under which the registrant carries on business and the registrant’s address and registration number; and (b)  it shall not include a residential telephone number.  O. Reg. 26/05, s. 31 (2). (3) Clause (2) (a) does not apply to a representation that is displayed on a billboard or bus board or made through any other medium with similar time or space limitations.  O. Reg. 26/05, s. 31 (3).
False, misleading and deceptive representations
 32. No registrant shall make a representation that is false, misleading or deceptive.  O. Reg. 26/05, s. 32.
Statements re price
 33. (1) A representation that refers to the price of travel services shall show the information required by subsections (2) and (4) in a clear, comprehensible and prominent manner.  O. Reg. 26/05, s. 33 (1). (2) The representation shall set out the total amount that the customer will be required to pay for the travel services, including all fees, levies, service charges, surcharges, taxes and other charges, and shall comply with the requirements of any Act or regulation under it in respect of taxes. O. Reg. 170/16, s. 7. (3) Revoked: O. Reg. 170/16, s. 7. (4) The representation shall contain, (a)  a statement of any conditions that affect or limit the availability of the travel services at the price set out under subsection (2); (b)  a reasonable description of the travel services; and (c)  a statement that further information is available from a travel agent.  O. Reg. 26/05, s. 33 (4); O. Reg. 278/07, s. 4 (1). (5) A representation shall not refer to the price of travel services unless the travel services are available at that price during the time to which the representation applies.  O. Reg. 26/05, s. 33 (5). (6) A representation shall not refer to a previous price for travel services.  O. Reg. 26/05, s. 33 (6). (7) The price of travel services referred to in a representation shall be in Canadian currency unless the representation indicates, in a clear, prominent and comprehensible manner, that a different currency is used.  O. Reg. 26/05, s. 33 (7). (8) When the names of air carriers, hotels and travel wholesalers where applicable become available to the registrant who makes a representation that refers to the price of travel services, the registrant shall disclose the names to all customers who have entered into an agreement with the registrant for those travel services.  O. Reg. 278/07, s. 4 (2).
Information to be included in certain representations
 34. (1) A representation that is in writing and relates to a specific travel service shall include the following information: 1.  Deposit requirements. 2.  Final payment requirements. 3.  The total price of the travel services as set out under subsection 33 (2). 4.  Cancellation terms and any cancellation charges. 5.  The availability and cost of trip cancellation insurance, and of out-of-province health insurance if applicable. 6.  The refund policy, including any penalty provisions. 7.  A fair and accurate description of the travel services, including, i.  details of transportation, including the name of the principal carrier, the class of service and all departure and arrival points, and ii.  details of any accommodation. 8.  The date or anticipated date of commencement and the anticipated duration of any construction or renovation that is likely to interfere with the use and enjoyment of any accommodation. 9.  The period to which the representation applies.  O. Reg. 26/05, s. 34 (1). (2) Subsection (1) does not apply to a representation that is displayed on a billboard or bus board or made through any other medium with similar time or space limitations.  O. Reg. 26/05, s. 34 (2).
Photographs and other pictures
 35. (1) If a photograph is used in a representation, (a)  the photograph shall accurately depict the thing to which the representation refers; and (b)  the representation shall indicate, in a clear, prominent and comprehensible manner, that the photograph is a photograph of the thing to which the representation refers.  O. Reg. 26/05, s. 35 (1). (2) If a picture that is not a photograph is used in a representation, (a)  the picture shall accurately depict the thing being represented; and (b)  the representation shall indicate, in a clear, prominent and comprehensible manner, that the picture is not a photograph of the thing to which the representation refers.  O. Reg. 26/05, s. 35 (2).
Duty of travel agent, disclosure and advice
 36. Before entering into an agreement with a customer for travel services, and before taking payment or credit card information from the customer, a travel agent shall, (a)  bring to the customer’s attention any conditions related to the purchase of travel services that the travel agent has reason to believe may affect the customer’s decision to purchase; (b)  disclose the total price of the travel services, the travel dates and a fair and accurate description of the travel services to be provided; (c)  explain to the customer any requirements or limitations relating to transfer or cancellation of the travel services, including, (i)  the range of penalties or other costs associated with transfer or cancellation, and (ii)  any non-refundable payments to be made by the customer; (d)  advise the customer about the availability of, (i)  trip cancellation insurance, and (ii)  out-of-province health insurance if applicable; (e)  in the case of proposed travel outside Canada, advise the customer, (i)  about typical information and travel documents, such as passports, visas and affidavits, that will be needed for each person for whom travel services are being purchased, (ii)  that entry to another country may be refused even if the required information and travel documents are complete, and (iii)  that living standards and practices at the destination and the standards and conditions there with respect to the provision of utilities, services and accommodation may differ from those found in Canada; (f)  refer to other conditions, if any, that relate to the transaction and to the travel services, and advise the customer where those conditions may be reviewed; and (g)  advise the customer that the travel agent is required to answer any questions the customer may have arising from the information provided under clauses (a) to (f) or from a representation.  O. Reg. 26/05, s. 36.
Advising customer of changes
 37. If, after a customer has purchased travel services, the registrant becomes aware of a change to any matter that is referred to in a representation and that, if known, might have affected the customer’s decision to purchase, the registrant shall promptly advise the customer of the change.  O. Reg. 26/05, s. 37.
Verifying condition of accommodation
 39. (1) A registrant who acquires a right to accommodation for the purpose of selling it to a customer shall take reasonable measures to ensure that the accommodation is, at the time the customer uses the travel services, in the same condition as was described by the registrant at the time of sale.  O. Reg. 26/05, s. 39 (1). (2) If the accommodation is not in the condition represented by the registrant, the registrant shall promptly notify the customer to whom the accommodation is sold, or the customer’s travel agent, as the case may be, of that fact and, (a)  if the accommodation is sold as part of a package that includes transportation to a destination, offer the customer the choice of a full and immediate refund of the amount the customer paid for the package, including all fees, levies, service charges, surcharges, taxes and other charges, or a comparable alternate package acceptable to the customer; or (b)  if the accommodation is not sold as a part of a package that includes transportation to a destination, offer the customer the choice of a full and immediate refund of the amount the customer paid for the accommodation, including all fees, levies, service charges, surcharges, taxes and other charges, or comparable alternate accommodation acceptable to the customer.  O. Reg. 26/05, s. 39 (2). (3) Every registrant shall establish a file for the purposes of this section, and a registrant who is required to act under clause (2) (a) or (b) shall make a written notation in the file stating, (a)  what information was communicated to the customer; (b)  the date on which the information was communicated to the customer; (c)  what method of communication was used; and (d)  what choice the customer made.  O. Reg. 26/05, s. 39 (3).
Events requiring notice and offer of refund or replacement
 40. (1) A registrant who becomes aware that any of the following events has occurred shall promptly notify the travel agent or customer, as the case may be, and offer the customer the choice of a full and immediate refund or comparable alternate travel services acceptable to the customer: 1.  The scheduled departure of any transportation that forms part of the travel services is delayed or advanced by 24 hours or more, unless the reason for the delay or advancing is one described in subsection (2). 2.  A different cruise ship is substituted. 3.  The accommodation is changed or the standard of the accommodation is changed. 4.  The contract permits price increases, the total price of the travel services is increased and the cumulative increase, except any increase resulting from an increase in retail sales tax or federal goods and services tax, is more than 7 per cent. 5.  The contract does not permit price increases but the total price of the travel services is increased, whatever the amount of the increase or the reason for it. 6.  The documents needed for the trip are changed because the transportation routing is changed, and there is not enough time for the person to obtain the documents before the departure.  O. Reg. 26/05, s. 40 (1). (2) Paragraph 1 of subsection (1) does not apply if the delay or advancing is the result of, (a)  mechanical problems with a vehicle, ship or aircraft; (b)  safety considerations; (c)  weather conditions; (d)  a strike or lock-out; or (e)  force majeure.  O. Reg. 26/05, s. 40 (2). (3) Every registrant shall establish a file for the purposes of this section, and a registrant who is required to act under subsection (1) shall make a written notation in the file stating, (a)  what information was communicated to the customer; (b)  the date on which the information was communicated to the customer; (c)  what method of communication was used; and (d)  what choice the customer made.  O. Reg. 26/05, s. 40 (3).
Travel wholesaler to forward documents to travel agent
 41. If a travel agent sells travel services and pays the travel wholesaler for the travel services 21 or more days before the date of departure, the travel wholesaler shall forward the tickets, vouchers, itinerary and other documents that relate to the travel services to the travel agent at least 14 days before the date of departure, unless the agent or the customer directs otherwise.  O. Reg. 26/05, s. 41.
Travel agent to verify documents
 42. A travel agent shall, on receiving from a travel wholesaler or other person a ticket, voucher, itinerary or other document that relates to travel services, ensure that the information contained on it is correct before giving it to the customer who purchased the travel services from the travel agent.  O. Reg. 26/05, s. 42.
Travel wholesaler required to provide travel services in certain circumstances
 43. Despite any failure on the part of the travel agent to pay the travel wholesaler for travel services, the travel wholesaler shall not refuse to provide the travel services purchased by a customer if, (a)  the customer has paid the travel agent for the travel services; and (b)  the travel wholesaler has provided tickets or other documents that relate to the travel services to a travel agent for distribution to the customer.  O. Reg. 26/05, s. 43.
Disclosure of counselling fee or service charge
 44. A travel agent who charges a counselling fee or service charge with respect to travel services shall, before counselling the customer about travel services or selling travel services to the customer, inform the customer, (a)  of the existence of the counselling fee or service charge; and (b)  whether the counselling fee or service charge or any part of it is refundable or non-refundable, and under what circumstances.  O. Reg. 26/05, s. 44.
Restrictions, resale of travel services
 45. (1) A travel wholesaler shall sell or offer for sale travel services only if the travel wholesaler has an agreement with the supplier of the travel services and all of the terms of the agreement are set out in writing.  O. Reg. 26/05, s. 45 (1). (2) Subsection (1) also applies, with necessary modifications, to a travel agent who has acquired rights to travel services for resale.  O. Reg. 26/05, s. 45 (2).
Duty of registrant who resells travel services
 46. (1) If a registrant acquires rights to travel services for resale to other registrants or to customers, and the supplier fails to provide the travel services paid for by a customer, the registrant who acquired the rights for resale shall, (a)  reimburse the customer; (b)  provide comparable alternate travel services that are acceptable to the customer; or (c)  provide the customer with a voucher, certificate, coupon or similar document that is acceptable to the customer, for future redemption towards travel services. O. Reg. 101/20, s. 5. (2)-(5) Revoked: O. Reg. 26/05, s. 46 (5).
Restriction re air transportation
 47. A registrant shall not sell or offer for sale travel services that include air transportation unless the air carrier, (a)  is licensed to provide the travel services in all the relevant jurisdictions, by the appropriate authorities; (b)  has received any approvals or has filed to obtain any approvals necessary to provide the travel services; and (c)  has complied with regulatory requirements in Canada and in any other relevant jurisdiction.  O. Reg. 26/05, s. 47. Other Matters
Disclosure of information on registrants
 48. (1) The registrar shall make available to the public, by electronic or other means, the following information respecting registrants: 1.  The names of persons registered as travel agents or travel wholesalers. 1.1  An update on a monthly basis of the names of persons who, in the previous month, have become registered as travel agents or travel wholesalers or have ceased to be so registered. 2.  The status of the registration of persons registered as travel agents or travel wholesalers, including the conditions mentioned in subsection 8 (2) of the Act that are, i.  applied by the registrar under section 10 of the Act, or ii.  ordered by the Tribunal. 3.  The business address and business telephone number of persons registered as travel agents or travel wholesalers and the other ways, if any, of contacting them. 4.  The names of persons whose registration has been revoked within the previous two years. 5.  The name of any registrant who has been charged with an offence by the administrative authority. 6.  The name of any registrant against whom the registrar has made an order under subsection 29 (1) of the Act, and the contents of the order.  O. Reg. 26/05, s. 48 (1); O. Reg. 161/10, s. 9 (1, 2). (2) If the registrar becomes aware of information respecting a registrant or a person who is carrying on activities that require registration and is of the opinion that the information could assist in protecting the public if the public knew of it, the registrar shall disclose the information to the public by whatever means are reasonable.  O. Reg. 26/05, s. 48 (2). (3) If the Tribunal takes an action respecting an applicant for registration or a registrant as a result of the person requesting a hearing under the Act, the registrar shall make a notice of the action available to the public by electronic or other means.  O. Reg. 26/05, s. 48 (3). (4) In making any information or notice available to the public under this section, the registrar shall ensure that the information or notice, as the case may be, does not include the name of an individual, except if the individual is an applicant for registration, a registrant or a person who is required to be registered or if the name of the individual is otherwise available to the public.  O. Reg. 26/05, s. 48 (4). (5) The information that this section requires the registrar to disclose shall not be disclosed in bulk to any person except as required by law, or to a law enforcement authority.  O. Reg. 26/05, s. 48 (5). (6) The registrar shall not make any information available to the public under this section if it is financial information relating to a person or the business of a person and the person could reasonably expect that the information would be kept confidential.  O. Reg. 161/10, s. 9 (3).
False advertising order, prescribed period for pre-approval
 49. The prescribed period for the purpose of subsection 29 (4) of the Act is 90 days.  O. Reg. 26/05, s. 49. PART III   FUND General
PART III FUND
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Participation mandatory
 50. Every registrant shall participate in the Fund.  O. Reg. 26/05, s. 50.
Role of board
 51. The board of directors shall administer and manage the affairs of the Fund.  O. Reg. 26/05, s. 51.
Fund
 52. (1) The Fund is composed of, (a)  payments made by registrants in accordance with this Regulation and by participants or registrants in accordance with a predecessor to this Regulation; (a.1)  payments that registrants are required to make to the Fund under clause 12 (1) (c) of the Safety and Consumer Statutes Administration Act, 1996; (b)  any money borrowed under this Regulation or under a predecessor of this Regulation; (c)  recoveries made for money paid from the Fund; and (d)  any income earned on the money in the Fund.  O. Reg. 26/05, s. 52 (1); O. Reg. 79/07, s. 2. (2) The administrative authority shall hold all money in the Fund in trust for the benefit of claimants whose claims for compensation the board of directors approves in accordance with this Regulation.  O. Reg. 26/05, s. 52 (2). 53., 54. Revoked:  O. Reg. 79/07, s. 3.
Board to notify registrar of default, etc.
 55. The board of directors shall notify the registrar as soon as possible if, in connection with its administration of the Fund, it becomes aware of,  (a)  any default of a registrant; (b)  any claim made under this Part in respect of a registrant; or (c)  any failure by a registrant to perform any obligation or condition under the Act or this Regulation.  O. Reg. 26/05, s. 55. Claims
Claims
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Board to deal with claims
 56. The board of directors shall determine, (a)  whether a claim, or a part of one, is eligible for reimbursement; and (b)  the eligible amount of the claim.  O. Reg. 26/05, s. 56.
Application re voucher, certificate, coupon or similar document
 56.1 In sections 57 to 71, (a)  the person who redeems a voucher, certificate, coupon or similar document for travel services is considered to be the person who pays for the travel services; and (b)  the value of the travel services for which the voucher, certificate, coupon or similar document was redeemed is considered to be the amount paid. O. Reg. 101/20, s. 6.
Reimbursement of travel agent
 58. (1) A travel agent is entitled to be reimbursed for money paid by the travel agent to reimburse a customer or to provide alternate travel services to the customer if, (a)  the customer paid for the travel services and the payment or any part of it was made to or through the travel agent; (b)  the travel agent dealt with a travel wholesaler, airline or cruise line, in good faith and at arm’s length; (c)  the travel agent passed all or part of the customer’s money to the travel wholesaler, airline or cruise line; and (d)  the travel services were not provided.  O. Reg. 26/05, s. 58 (1). (2) Subsection (1) does not apply if the travel agent had acquired the right to the travel services for resale as described in subsection 46 (1).  O. Reg. 26/05, s. 58 (2); O. Reg. 101/20, s. 9. (3) The travel agent is entitled to be reimbursed only for the portion of the customer’s money that the travel agent passed to the travel wholesaler, airline or cruise line.  O. Reg. 26/05, s. 58 (3). (4) The travel agent is entitled to be reimbursed only if the customer would otherwise have had a claim against the Fund.  O. Reg. 26/05, s. 58 (4). (5) The travel agent is entitled to be reimbursed for any commission owing on account of the travel services purchased by the customer, but is not entitled to be reimbursed for counselling fees or other remuneration, including a service charge. O. Reg. 675/20, s. 5.
Reimbursement of travel agent for trip completion
 58.1 (1) A travel agent is entitled to be reimbursed for money paid by the travel agent to reimburse a customer for the expenses described in subsection 57.1 (2), to a maximum of the amount for which the customer would have been entitled to be reimbursed under that subsection, if, (a)  the customer paid for the travel services and the payment or any part of it was made to or through the travel agent; (b)  the travel agent dealt with a travel wholesaler in good faith and at arm’s length; (c)  the travel agent passed all or part of the customer’s money to the travel wholesaler; and (d)  the travel services were not provided.  O. Reg. 161/10, s. 12. (2) Subsection (1) does not apply if the travel agent had acquired the right to the travel services for resale as described in subsection 46 (1).  O. Reg. 161/10, s. 12; O. Reg. 101/20, s. 10. (3) The travel agent is entitled to be reimbursed only if the customer would otherwise have had a claim against the Fund.  O. Reg. 161/10, s. 12. (4) The travel agent is entitled to be reimbursed for any commission owing on account of the travel services purchased by the customer, but is not entitled to be reimbursed for counselling fees or other remuneration, including a service charge. O. Reg. 675/20, s. 6.
Reimbursement of travel wholesaler
 59. (1) A travel wholesaler is entitled to be reimbursed for money paid by the travel wholesaler to reimburse a customer for travel services paid for but not provided or to provide the customer with travel services for which the travel wholesaler has not been paid by the travel agent if, (a)  the travel agent is a registrant; (b)  the travel wholesaler dealt with the travel agent in good faith and at arm’s length; (c)  the travel agent failed to pass all or part of the customer’s money to the travel wholesaler; (d)  the travel wholesaler has had no previous dealings with the travel agent in which the travel agent failed to pass the customer’s money to the travel wholesaler in respect of travel services or was otherwise in default; and (e)  the travel wholesaler has taken reasonable measures in the circumstances to ensure that the travel agent is reliable and financially responsible.  O. Reg. 26/05, s. 59 (1). (2) The travel wholesaler is entitled to be reimbursed only for the portion of the customer’s money that the travel agent received but failed to pass on to the travel wholesaler.  O. Reg. 26/05, s. 59 (2). (3) The travel wholesaler is entitled to be reimbursed only if it can reasonably be established that, (a)  the travel agent received the customer’s money; and (b)  the customer would otherwise have had a claim against the Fund.  O. Reg. 26/05, s. 59 (3). (4) The travel wholesaler is not entitled to be reimbursed for any amount owing from the travel agent that represents a commission or other remuneration, including a service charge.  O. Reg. 26/05, s. 59 (4). (5) The travel wholesaler is not entitled to be reimbursed for a payment made by credit card if the registrant who processed the payment did not obtain approval for the payment from the customer and from the card issuer, in advance, in accordance with the agreement between the card issuer and the registrant.  O. Reg. 26/05, s. 59 (5). (6) The travel wholesaler is not entitled to be reimbursed for a payment made by means of a cheque received from a travel agent unless, (a)  the cheque is received by the travel wholesaler seven or fewer days before the commencement of the travel services; (b)  the cheque is promptly deposited by the travel wholesaler in an account maintained in a financial institution referred to in section 26; and (c)  the cheque is returned to the travel wholesaler by the financial institution for reasons of insufficient funds.  O. Reg. 26/05, s. 59 (6). (7) If subsection (6) applies, the travel wholesaler is not entitled to be reimbursed for any portion of the claim that exceeds the travel wholesaler’s volume of business with the travel agent for a normal week based on established trading patterns within the 12-month period that immediately preceded the customer’s departure.  O. Reg. 26/05, s. 59 (7).
Time for claim
 60. (1) A customer or a registrant may make a claim to be reimbursed in writing to the board of directors within, (a)  six months after the relevant registrant or end supplier becomes bankrupt or insolvent or ceases to carry on business, if the claim is made under section 57, 58 or 59; or (b)  six months after the relevant registrant becomes bankrupt or insolvent or ceases to carry on business, if the claim is made under section 57.1 or 58.1.  O. Reg. 161/10, s. 13; O. Reg. 170/16, s. 8. (2) A claim to be reimbursed that is made after the end of the time period specified in subsection (1) is not valid.  O. Reg. 161/10, s. 13.