jswizzle3737/ontario_laws_and_regs huggingface dataset:
Claims
57. (1) The maximum amount that may be reimbursed to a customer or registrant for a failure to provide travel services is $5,000 for each person whose travel services were paid for by the customer. O. Reg. 428/01, s. 7. (2) Despite subsection (1), the maximum amount that may be reimbursed for a failure to provide travel services with respect to all claims arising out of an event or a major event is $5 million in addition to any amount that the Corporation or the Council may recover by way of subrogated claim against a registrant or any other person. O. Reg. 806/93, s. 57 (2); O. Reg. 570/94, s. 16; O. Reg. 331/98, s. 15. (3) The Director may designate one or more events as a major event having regard to, (a) the nature of the event or events; (b) the number of claims arising or potentially arising out of the event or events; and (c) the need to protect the integrity of the Compensation Fund. O. Reg. 806/93, s. 57 (3).
Claims
58. If a major event occurs, the Council may, (a) defer the payment of any reimbursement until it is satisfied that it has received all claims likely to be made; and (b) if necessary or prudent to protect the Compensation Fund reimburse claims in one or more instalments or only partially reimburse claims. O. Reg. 806/93, s. 58; O. Reg. 331/98, s. 16.
Claims
59. (1) A customer or registrant is not entitled to be reimbursed if the failure to provide travel services is due to the failure of an end supplier and not to the bankruptcy or insolvency of a registrant. O. Reg. 806/93, s. 59 (1). (1.1) Despite subsection (1), a customer or registrant is entitled to be reimbursed if the failure to provide travel services is due to the failure of an end supplier, if the end supplier is an airline or cruise line. O. Reg. 428/01, s. 8. (2) Nothing in subsection (1) shall prevent the Council from making a payment out of the Compensation Fund for the purposes described in subsection 60 (1) or 61 (1). O. Reg. 806/93, s. 59 (2); O. Reg. 331/98, s. 17.
Claims
60. (1) With the approval of the Director, the board of directors may make payments out of the Compensation Fund in order to enable the immediate departure of a registrant’s customer or of a person whose travel services have been paid by the customer if, (a) the customer or person was preparing for immediate departure and was prevented from so doing through no fault of his or her own; (b) the customer has been placed in circumstances where immediate funds are necessary to alleviate suffering to the customer; and (c) the payment is necessary in order to protect the interests of the Compensation Fund. O. Reg. 806/93, s. 60 (1); O. Reg. 570/94, s. 17. (2) A payment under subsection (1) shall be no more than $5,000 per person. O. Reg. 428/01, s. 9.
Claims
61. (1) The Director may direct the Council to make payments from the Compensation Fund in order to, (a) repatriate a registrant’s customer who is outside of Ontario and who, because of a failure to provide travel services, is experiencing some hardship or inconvenience; and (b) provide necessary accommodation for that customer prior to the repatriation of the customer. O. Reg. 806/93, s. 61 (1); O. Reg. 331/98, s. 18 (1). (2) The maximum amount that may be paid out of the Compensation Fund for repatriating customers is $2 million per event. O. Reg. 806/93, s. 61 (2). (3) With the approval of the board of directors, the Director may direct the Council to make additional payments out of the Compensation Fund if the maximum amount established under subsection (2) is not sufficient to repatriate customers and to provide necessary accommodation and meals. O. Reg. 806/93, s. 61 (3); O. Reg. 570/94, s. 18; O. Reg. 331/98, s. 18 (2). (4) A payment made under subsection (3) takes priority over a claim for reimbursement under section 50, 51 or 52. (5) Any additional payments made under subsection (3) shall be deducted from the $5 million limit established under subsection 57 (2). (6) If $5 million is not required for additional payments under subsection (3), the difference between the $5 million maximum and the amount of any additional payments over the $2 million limit shall be used for the payment on a proportionate basis of any claims for reimbursement under section 50, 51 or 52. (7) In this section, “repatriate” means to return a customer who is either outside of Canada or within Canada but outside the Province of Ontario to a place within the Province of Ontario. O. Reg. 806/93, s. 61 (4-7). Hearing by Tribunal
Hearing by Tribunal
62. (1) If the board of directors of the Council determines that a claim, or any part thereof made under section 50, 51 or 52 is not eligible for reimbursement, the Council shall immediately serve notice of the decision on the claimant. O. Reg. 570/94, s. 19; O. Reg. 331/98, s. 19 (1). (2) A person who receives notice under subsection (1) is entitled to a hearing before the Tribunal if, within 15 days after notice is served, the person mails or delivers a written request for a hearing to the Registrar, the Council and the Tribunal. O. Reg. 570/94, s. 19; O. Reg. 331/98, s. 19 (2). (3) A notice of a decision under subsection (1) shall inform the claimant of his, her or its right to a hearing and of the manner and time within which to request the hearing. (4) If a person who has been served with a notice under subsection (1) does not require a hearing, the decision of the board of directors becomes final. (5) If a claimant requires a hearing before the Tribunal in accordance with subsection (2), the Tribunal shall appoint a time for and hold the hearing. O. Reg. 570/94, s. 19. (6) The Tribunal may, (a) allow the claim, in whole or in part, and direct the Council to pay the amount allowed out of the Compensation Fund; or (b) refuse to allow the claim in whole or in part. O. Reg. 570/94, s. 19; O. Reg. 331/98, s. 19 (3). (7) The person who requested the hearing, the Council and any other person specified by the Tribunal are parties to the hearing. O. Reg. 570/94, s. 19; O. Reg. 331/98, s. 19 (4). (8) An order of the Tribunal allowing a claim is subject to the maximum amounts that may be paid out of the Fund under this Regulation. (9) The provisions of this Part apply with necessary modifications to any disposition or decision of the Tribunal under this section. O. Reg. 570/94, s. 19. (10) A reference to the Corporation in any disposition or decision of the Tribunal made under this section before June 24, 1998 shall be deemed to be a reference to the Council. O. Reg. 331/98, s. 19 (5). Administration of the Compensation Fund
Administration of the Compensation Fund
63. (1) The Council may borrow money to supplement the Compensation Fund. O. Reg. 570/94, s. 19; O. Reg. 331/98, s. 20 (1). (2) The Council may, from time to time, invest any funds of the Compensation Fund which are surplus to the immediate requirements of the Council in securities provided for under sections 26 and 27 of the Trustee Act. O. Reg. 570/94, s. 19; O. Reg. 331/98, s. 20 (2).
Administration of the Compensation Fund
64. (1) The Council may employ, retain or authorize the employment of any counsel, accountant or other expert or of advisors, staff or trade associations as it may reasonably require to administer and manage the Compensation Fund, to investigate claims and to maintain and protect the Compensation Fund. O. Reg. 570/94, s. 19; O. Reg. 331/98, s. 21 (1). (2) The Council may rely and act upon the opinion, advice or information provided by any person referred to in subsection (1). O. Reg. 570/94, s. 19; O. Reg. 331/98, s. 21 (2).
Administration of the Compensation Fund
65. Upon request, the Council shall provide to a registrant a copy of the audited financial statements that it provides to the Minister as part of the report that it makes in each year under section 13 of the Safety and Consumer Statutes Administration Act, 1996. O. Reg. 331/98, s. 22.
Administration of the Compensation Fund
66. (1) The Council shall make available to the Director any information, books, records or documents that it keeps respecting the affairs of the Compensation Fund. (2) The Corporation shall transfer to the Council all information, books, records and documents respecting the affairs of the Compensation Fund that it held immediately before June 24, 1998. O. Reg. 331/98, s. 22.
Administration of the Compensation Fund
67. The Council shall notify the Registrar forthwith of any default of any registrant or of any claim made in respect of a registrant or of any failure by a registrant to perform any obligation or condition under the Act or its regulations. O. Reg. 570/94, s. 19; O. Reg. 331/98, s. 23.
Administration of the Compensation Fund
68. (1) The Director may require that the affairs of the Compensation Fund be audited. O. Reg. 331/98, s. 24 (1). (2) The Council shall assist the auditors in performing the audit and provide any books, records or information that may be required. O. Reg. 570/94, s. 19; O. Reg. 331/98, s. 24 (2).
Administration of the Compensation Fund
69. All assets, liabilities, rights and interests held by the Corporation in the Compensation Fund immediately before June 24, 1998 shall be deemed to be held by the Council. O. Reg. 331/98, s. 25.
Administration of the Compensation Fund
70. Revoked: O. Reg. 570/94, s. 19.
Administration of the Compensation Fund
71. Omitted (revokes other Regulations). O. Reg. 806/93, s. 71.
Administration of the Compensation Fund
72. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 806/93, s. 72.