jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) Subject to subsection (2), a director shall be appointed for the purposes of this Act and a maximum of two deputy directors may be appointed, (a)  by the board of the administrative authority; or (b)  by the Minister if there is no designated administrative authority.  2002, c. 30, Sched. D, s. 2 (1). Director cannot be registrar (2) A person appointed as the registrar or a deputy registrar under subsection 3 (1) shall not be appointed as the director or a deputy director under subsection (1).  2002, c. 30, Sched. D, s. 2 (2). Deputy director, duties (3) A deputy director shall perform such duties as are assigned by the director and shall act as director in his or her absence.  2002, c. 30, Sched. D, s. 2 (3). Deputy director (4) If more than one deputy director is appointed, only one deputy director may act as the director under subsection (3) at any one time.  2002, c. 30, Sched. D, s. 2 (4). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 11, s. 52 (5) - no effect -see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020
3 (1) Subject to subsection (2), a registrar shall be appointed for the purposes of this Act and a maximum of two deputy registrars may be appointed, (a)  by the board of the administrative authority; or (b)  by the deputy minister to the Minister if there is no designated administrative authority.  2002, c. 30, Sched. D, s. 3 (1). Registrar cannot be director (2) A person appointed as the director or deputy director under subsection 2 (1) shall not be appointed as the registrar or a deputy registrar under subsection (1).  2002, c. 30, Sched. D, s. 3 (2). Powers and duties (3) The registrar shall exercise the powers and perform the duties imposed on him or her under this Act and a deputy registrar shall perform such duties as are assigned by the registrar and shall act as the registrar in the registrar’s absence.  2002, c. 30, Sched. D, s. 3 (3); 2009, c. 33, Sched. 10, s. 15 (1). Deputy registrar (4) If more than one deputy registrar is appointed, only one deputy registrar may act as the registrar under subsection (3) at any one time.  2002, c. 30, Sched. D, s. 3 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 10, s. 15 (1) - 15/12/2009 2012, c. 8, Sched. 11, s. 52 (5) - no effect -see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020 Part III   Prohibitions re: Practice
4 (1) No person shall act or hold himself, herself or itself out as being available to act, (a)  as a travel agent unless the person is registered as a travel agent under this Act; or (b)  as a travel wholesaler unless the person is registered as a travel wholesaler under this Act.  2002, c. 30, Sched. D, s. 4 (1). (2) Repealed:  2004, c. 19, s. 23 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, section 4 of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 10) Registration required for acting 4 No person shall act or hold oneself out as being available to act, (a)  as a travel seller, unless the person is registered as a travel seller under this Act; or (b)  as a travel salesperson, unless the person is registered as a travel salesperson under this Act. 2017, c. 33, Sched. 5, s. 10. Section Amendments with date in force (d/m/y) 2004, c. 19, s. 23 (3) - 01/07/2005 2017, c. 33, Sched. 5, s. 10 - not in force
5 (1) A change in the officers or directors of a corporation registered as a travel agent or travel wholesaler may be made only with the consent of the registrar.  2002, c. 30, Sched. D, s. 5 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 5 (1) of the Act is amended by striking out “a travel agent or travel wholesaler” and substituting “a travel seller or a prescribed travel salesperson”. (See: 2017, c. 33, Sched. 5, s. 11) Same: partnerships (2) A change in the membership of a partnership shall be deemed to create a new partnership for the purpose of registration.  2002, c. 30, Sched. D, s. 5 (2). Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 5, s. 11 - not in force
6 (1) No travel agent shall conduct business from a place at which the public is invited to deal unless the place is named as an office in the travel agent’s registration.  2002, c. 30, Sched. D, s. 6 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (1) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 12 (1)) Offices of travel sellers (1) No travel seller who sells, to consumers, travel services provided by another person shall conduct business from a place at which the public is invited to deal unless the place is named as an office in the travel seller’s registration. 2017, c. 33, Sched. 5, s. 12 (1). Branch offices (2) If more than one office is named in the registration, one shall be designated as the main office and the remainder as branch offices.  2002, c. 30, Sched. D, s. 6 (2). Same (3) A travel agent or applicant for registration as a travel agent is entitled to have any place of business specified by the travel agent or applicant named in the registration except such branch offices as are in contravention of the regulations.  2002, c. 30, Sched. D, s. 6 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (3) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 12 (2)) Offices named in registration (3) A travel seller who sells, to consumers, travel services provided by another person, or an applicant for registration as such a travel seller, is entitled to have any place of business specified by the travel seller or applicant, as the case may be, named in the registration, except branch offices that are in contravention of the regulations. 2017, c. 33, Sched. 5, s. 12 (2). Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 5, s. 12 (1, 2) - not in force
7 No action shall be brought against a consumer of travel services for a commission or other remuneration in relation to the provision of those services unless at the time of rendering the services the person bringing the action was registered or exempt from registration under this Act and the court may stay any such action upon motion.  2002, c. 30, Sched. D, s. 7. Note: On a day to be named by proclamation of the Lieutenant Governor, section 7 of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 13) Registration required for bringing action 7 No action shall be brought against a customer for a commission or other remuneration in relation to the provision of travel services unless, at the time of providing the services, the person bringing the action was registered or exempt from registration under this Act and the court may stay any such action upon motion. 2017, c. 33, Sched. 5, s. 13. Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 5, s. 13 - not in force Part IV   Registration
7.1 (1) If an applicant for registration or renewal of registration does not meet the prescribed requirements, the registrar shall refuse to grant or renew the registration.  2004, c. 19, s. 23 (4). Non-application (2) Section 11 does not apply to a refusal under subsection (1) to grant or renew a registration.  2004, c. 19, s. 23 (4). Notice of refusal (3) The registrar shall give the applicant written notice of a refusal under subsection (1), setting out the reasons for the refusal and subsection 36 (3) does not apply to the notice.  2004, c. 19, s. 23 (4). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 23 (4) - 01/07/2005
9 (1) When it registers and on each renewal of its registration, a travel agent or travel wholesaler that is a corporation shall disclose to the registrar the identity of, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (1) of the Act is amended by striking out “a travel agent or travel wholesaler” in the portion before clause (a) and substituting “a travel seller or prescribed travel salesperson”. (See: 2017, c. 33, Sched. 5, s. 14) (a)  each person that beneficially owns or controls 10 per cent or more of the equity shares issued and outstanding at the time of the registration or the renewal of registration, as the case may be; and (b)  persons that are associated with each other and that together beneficially own or control 10 per cent or more of the equity shares issued and outstanding at the time of the registration or the renewal of registration, as the case may be.  2004, c. 19, s. 23 (11). Calculating number of shares (2) In calculating the total number of equity shares of the corporation beneficially owned or controlled for the purposes of this section, the total number shall be calculated as the total number of all shares beneficially owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equalling the total number of votes carried.  2002, c. 30, Sched. D, s. 9 (2). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 23 (11) - 01/07/2005 2017, c. 33, Sched. 5, s. 14 - not in force
10 (1) Subject to section 11, the registrar may refuse to register an applicant or may suspend or revoke a registration or refuse to renew a registration if, in his or her opinion, the applicant or registrant is not entitled to registration under section 8.  2004, c. 19, s. 23 (12). Conditions (2) Subject to section 11, the registrar may, (a)  approve the registration or renewal of a registration on such conditions as he or she considers appropriate; and (b)  at any time apply to a registration such conditions as he or she considers appropriate.  2002, c. 30, Sched. D, s. 10 (2). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 23 (12) - 01/07/2005
11 (1) The registrar shall notify an applicant or registrant in writing if he or she proposes to, (a)  refuse under subsection 10 (1) to grant or renew a registration; (b)  suspend or revoke a registration; (c)  apply conditions to a registration or renewal to which the applicant or registrant has not consented; or (d)  refuse to name a branch office in a registration.  2002, c. 30, Sched. D, s. 11 (1); 2004, c. 19, s. 23 (13). Content of notice (2) The notice of proposal shall set out the reasons for the proposed action and shall state that the applicant or registrant is entitled to a hearing by the Tribunal if the applicant or registrant mails or delivers, within 15 days after service of the notice, a written request for a hearing to the registrar and to the Tribunal.  2002, c. 30, Sched. D, s. 11 (2). Service (3) The notice of proposal shall be served on the applicant or registrant in accordance with section 36.  2002, c. 30, Sched. D, s. 11 (3). If no request for hearing (4) If an applicant or registrant does not request a hearing in accordance with subsection (2), the registrar may carry out the proposal.  2002, c. 30, Sched. D, s. 11 (4). Hearing (5) If a hearing is requested, the Tribunal shall hold the hearing and may by order direct the registrar to carry out the registrar’s proposal or substitute its opinion for that of the registrar and the Tribunal may attach conditions to its order or to a registration.  2002, c. 30, Sched. D, s. 11 (5). Parties (6) The registrar, the applicant or registrant and such other persons as the Tribunal may specify are parties to the proceedings under this section.  2002, c. 30, Sched. D, s. 11 (6). Voluntary cancellation (7) The registrar may cancel a registration upon the request in writing of the registrant and this section does not apply to the cancellation.  2002, c. 30, Sched. D, s. 11 (7). Continuation pending renewal (8) If, within the time prescribed or, if no time is prescribed, before the expiry of the registrant’s registration, the registrant has applied for renewal of a registration and paid the required fee, the registration shall be deemed to continue, (a)  until the renewal is granted; (b)  until the registrar gives the registrant written notice of the registrar’s refusal under section 7.1 to grant the renewal; or (c)  if the registrant is served notice that the registrar proposes to refuse under subsection 10 (1) to grant the renewal, until the time for requesting a hearing has expired or, if a hearing is requested, until the Tribunal makes its order.  2004, c. 19, s. 23 (14). Immediate effect (9) Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.  2002, c. 30, Sched. D, s. 11 (9). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 23 (13, 14) - 01/07/2005
12 (1) If the registrar proposes to suspend or revoke a registration under section 11 and if the registrar considers it in the public interest to do so, the registrar may by order temporarily suspend the registration.  2002, c. 30, Sched. D, s. 12 (1). Immediate effect (2) An order under subsection (1) takes effect immediately.  2002, c. 30, Sched. D, s. 12 (2). Expiry of order (3) If a hearing is requested under section 11, (a)  the order expires 15 days after the written request for a hearing is received by the Tribunal; or (b)  the Tribunal may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period referred to in clause (a).  2002, c. 30, Sched. D, s. 12 (3). Same (4) Despite subsection (3), if it is satisfied that the conduct of the registrant has delayed the commencement of the hearing, the Tribunal may extend the time of the expiration for the order, (a)  until the hearing commences; and (b)  once the hearing commences, until the hearing is concluded.  2002, c. 30, Sched. D, s. 12 (4).
13 (1) A request for a hearing under section 11 is sufficiently served if delivered personally or sent by registered mail to the registrar and to the Tribunal.  2002, c. 30, Sched. D, s. 13 (1). Same (2) If service is made by registered mail, it shall be deemed to be made on the third day after the day of mailing.  2002, c. 30, Sched. D, s. 13 (2). Other methods (3) Despite subsection (1), the Tribunal may order any other method of service.  2002, c. 30, Sched. D, s. 13 (3).
14 A person whose registration is refused, revoked or refused renewal may reapply for registration only if, (a)  the time prescribed to reapply has passed since the refusal, revocation or refusal to renew; and (b)  new or other evidence is available or it is clear that material circumstances have changed.  2002, c. 30, Sched. D, s. 14. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2017, c. 33, Sched. 5, s. 15) Transition 14.1 (1) A person who was registered as a travel agent or travel wholesaler under this Act, as it read immediately before the day this section comes into force, is deemed to be registered as a travel seller. 2017, c. 33, Sched. 5, s. 15. Same, applications (2) An application for registration as a travel agent or travel wholesaler under this Act, as it read immediately before the day this section comes into force, that has not been disposed of is deemed to be an application for registration as a travel seller. 2017, c. 33, Sched. 5, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 5, s. 15 - not in force
15 (1) In addition to the disclosure required under section 9, every registrant that is a corporation shall notify the registrar in writing within 30 days after the issue or transfer of any equity shares of the corporation, if the issue or transfer results in, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 15 (1) of the Act is amended by striking out “registrant that is a corporation” in the portion before clause (a) and substituting “registered travel seller or prescribed travel salesperson that is a corporation”. (See: 2017, c. 33, Sched. 5, s. 16 (1)) (a)  any person, or any persons that are associated with each other, acquiring or accumulating beneficial ownership or control of 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation; or (b)  an increase in the percentage of issued and outstanding equity shares of the corporation beneficially owned or controlled by any person, or any persons who are associated with each other, where the person or the associated persons already beneficially owned or controlled 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation before the issue or transfer.  2004, c. 19, s. 23 (15). Same (2) Despite subsection (1), if a registrant that is a corporation becomes aware of a transfer that otherwise falls into subsection (1) after the transfer has taken place, it shall notify the registrar in writing within 30 days after knowledge of the transfer comes to the attention of its officers or directors.  2002, c. 30, Sched. D, s. 15 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 15 (2) of the Act is amended by striking out “registrant that is a corporation” and substituting “registered travel seller or prescribed travel salesperson that is a corporation”. (See: 2017, c. 33, Sched. 5, s. 16 (1)) Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection 15 (2) of the Act is amended. (See: 2017, c. 33, Sched. 5, s. 16 (2)) Calculation of total number of equity shares (3) In calculating the total number of equity shares of the corporation beneficially owned or controlled for the purpose of this section, the total number shall be calculated as the total of all the shares beneficially owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equalling the total number of votes it carries.  2002, c. 30, Sched. D, s. 15 (3). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 23 (15) - 01/07/2005 2017, c. 33, Sched. 5, s. 16 (1, 2) - not in force Part v   Complaints, Inspection and Discipline
16 (1) If the registrar receives a complaint about a registrant, the registrar may request information in relation to the complaint from any registrant.  2002, c. 30, Sched. D, s. 16 (1). Request for information (2) A request for information under subsection (1) shall indicate the nature of the complaint.  2002, c. 30, Sched. D, s. 16 (2). Duty to comply with request (3) A registrant who receives a written request for information shall provide the information as soon as practicable.  2002, c. 30, Sched. D, s. 16 (3). Procedures (4) In handling complaints, the registrar may do any of the following, as appropriate: 1.  Attempt to mediate or resolve the complaint. 2.  Give the registrant a written warning that if the registrant continues with the activity that led to the complaint, action may be taken against the registrant. 3.  Refer the matter, in whole or in part, to the discipline committee. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 16 (4) of the Act is amended by adding the following paragraph: (See: 2017, c. 33, Sched. 5, s. 17) 3.1  Require the person to take further educational courses, if the registrant is a travel salesperson. 4.  Take an action under section 10, subject to section 11. 5.  Take further action as is appropriate in accordance with this Act.  2002, c. 30, Sched. D, s. 16 (4). Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 5, s. 17 - not in force
19 (1) The director may appoint persons to be investigators for the purposes of conducting investigations.  2002, c. 30, Sched. D, s. 19 (1). Certificate of appointment (2) The director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature.  2002, c. 30, Sched. D, s. 19 (2). Production of certificate of appointment (3) Every investigator who is conducting an investigation, including under section 20, shall, upon request, produce the certificate of appointment as an investigator.  2006, c. 34, s. 26 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 26 (3) - 01/04/2007
20.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.  2006, c. 34, s. 26 (9). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 23 (17) - 01/07/2005 2006, c. 34, s. 26 (9) - 01/04/2007
21 (1) An investigator may exercise any of the powers described in subsection 20 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.  2004, c. 19, s. 23 (18). Dwellings (2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.  2004, c. 19, s. 23 (18). Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.  2004, c. 19, s. 23 (18). Applicability of s. 20 (4) Subsections 20 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.  2004, c. 19, s. 23 (18). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 23 (18) - 01/07/2005
21.1 (1) An investigator who seizes any thing under the authority of section 20, 20.1 or 21 shall bring it before a justice of the peace or, if that is not reasonably possible, shall report the seizure to a justice of the peace. 2019, c. 14, Sched. 10, s. 19 (4). Procedure (2) Sections 159 and 160 of the
Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of section 20, 20.1 or 21 of this Act, reading the reference in subsection 160 (1) of that Act to a document that a person is about to examine or seize under a search warrant as a reference to a thing that an investigator is about to examine or seize under the authority of section 20, 20.1 or 21 of this Act. 2019, c. 14, Sched. 10, s. 19 (4). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 10, s. 19 (4) - 10/12/2019
23.1 (1) The director may make an order described in subsection (2) in respect of the money or assets of a person who is not registered under this Act and who is alleged to have conducted business for which registration is required under this Act at a time when the person was not registered to do so if, (a)  the director receives an affidavit in which it is alleged, and in which facts are set out supporting the allegation, that the person who is not registered under this Act, (i)  is subject to criminal proceedings or proceedings in relation to a contravention under this Act or any other Act that are about to be or have been instituted against the person in connection with or arising out of conducting business for which registration is required under this Act, or (ii)  owns a building, dwelling, receptacle or place, or carries on activities in a building, dwelling, receptacle or place, in respect of which a search warrant has been issued under section 20; and (b)  the director, based on the affidavit referred to in clause (a), finds reasonable grounds to believe that, (i)  in the course of conducting business for which registration is required under this Act, the person who is the subject of the allegation referred to in clause (a) has received money or assets from customers, and (ii)  the interests of those customers require protection.  2004, c. 19, s. 23 (19); 2019, c. 14, Sched. 10, s. 19 (1). Order (2) In the circumstances described in subsection (1), the director may, in writing, (a)  order any person having on deposit or controlling any money or asset of the person who is the subject of the allegation referred to in clause (1) (a) to hold the money or asset; or (b)  order the person who is the subject of the allegation referred to in clause (1) (a), (i)  to refrain from withdrawing any money or asset from a person having it on deposit or controlling it, or (ii)  to hold any money or asset of a customer or other person in trust for the person who is entitled to it.  2004, c. 19, s. 23 (19). Application (3) Subsections 23 (3) to (12) apply with necessary modifications to an order made under this section.  2004, c. 19, s. 23 (19). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 23 (19) - 01/07/2005 2019, c. 14, Sched. 10, s. 19 (1) - 10/12/2019 part vi   Conduct and offences Note: On a day to be named by proclamation of the Lieutenant Governor, the heading before section 24 of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 22 (1)) Part VI   Conduct
24 (1) Every registrant shall, within five days after the event, notify the registrar in writing of, (a)  any change in address for service; or (b)  in the case of a corporation or partnership, any change in the officers or directors.  2002, c. 30, Sched. D, s. 24 (1). Timing (2) The registrar shall be deemed to have been notified on the day on which he or she is actually notified or, where the notification is by mail, on the day of mailing.  2002, c. 30, Sched. D, s. 24 (2). Financial statements (3) Every registrant shall, when required by the registrar, file a financial statement showing the matters specified by the registrar, signed by the registrant in the case of a sole proprietorship or by an officer of the registrant if the registrant is a partnership or corporation and certified by a person licensed under the Public Accounting Act, 2004.  2002, c. 30, Sched. D, s. 24 (3); 2004; c. 8, s. 46; 2011, c. 1, Sched. 2, s. 8 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 24 (3) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 22 (2)) Financial statements (3) When required by the registrar, every registered travel seller shall file a financial statement that, (a)  shows the matters that the registrar specifies; (b)  is signed by the travel seller in the case of a sole proprietorship or by an officer of the travel seller in the case of a partnership or corporation; and (c)  is certified by a person licensed under the Public Accounting Act, 2004. 2017, c. 33, Sched. 5, s. 22 (2). Same (4) The registrar may require that registrants with a prescribed value of sales submit financial statements on a quarterly basis.  2002, c. 30, Sched. D, s. 24 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 24 (4) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 22 (2)) Same (4) The registrar may require that registered travel sellers with a prescribed value of sales submit financial statements on a quarterly basis. 2017, c. 33, Sched. 5, s. 22 (2). Confidential (5) The information contained in a financial statement filed under subsection (3) is confidential and no person shall otherwise than in the ordinary course of the person’s duties communicate any such information or allow access to the financial statement.  2002, c. 30, Sched. D, s. 24 (5). Section Amendments with date in force (d/m/y) 2004, c. 8, s. 46, Table
- 01/11/2005 2011, c. 1, Sched. 2, s. 8 (2) - 30/03/2011 2017, c. 33, Sched. 5, s. 22 (2) - not in force
25 (1) Where any person is entitled to the repayment of any money paid for or on account of a travel service, any travel agent and any travel wholesaler who received such money or any part thereof is liable jointly and severally with any other person liable therefore, for the repayment of such money to the extent of the amount received by him, her or it.  2002, c. 30, Sched. D, s. 25 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 25 (1) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 23) Liability for deposits (1) If any person is entitled to the repayment of any money paid for or on account of a travel service, any travel seller or prescribed travel salesperson that received the money or any part of it is liable jointly and severally with any other person liable for the money or any part of it, for repaying the money to the extent of the amount of it that the travel seller or prescribed travel salesperson received. 2017, c. 33, Sched. 5, s. 23. Exception (2) Subsection (1) does not apply if, (a)  the travel agent or travel wholesaler has properly disbursed the money received; (b)  the travel agent or travel wholesaler has acted in good faith and at arm’s length with the person with whom he, she or it would be jointly and severally liable under subsection (1); and (c)  the person with whom the travel agent or travel wholesaler would be jointly and severally liable under subsection (1) is not in breach of a requirement to be registered under this Act.  2004, c. 19, s. 23 (20). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 25 (2) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 5, s. 23) Exception (2) Subsection (1) does not apply if, (a)  the travel seller or prescribed travel salesperson has properly disbursed the money received; (b)  the travel seller or prescribed travel salesperson has acted in good faith and at arm’s length with the person with whom the travel seller or prescribed travel salesperson would be jointly and severally liable under subsection (1); and (c)  the person with whom the travel seller or prescribed travel salesperson would be jointly and severally liable under subsection (1) is not in breach of a requirement to be registered under this Act. 2017, c. 33, Sched. 5, s. 23. Section Amendments with date in force (d/m/y) 2004, c. 19, s. 23 (20) - 01/07/2005 2017, c. 33, Sched. 5, s. 23 - not in force
26 No registrant shall falsify, assist in falsifying or induce or counsel another person to falsify or assist in falsifying any information or document relating to the provision of travel services.  2002, c. 30, Sched. D, s. 26.
27 No registrant shall furnish, assist in furnishing or induce or counsel another person to furnish or assist in furnishing any false or deceptive information or documents relating to the provision of travel services.  2002, c. 30, Sched. D, s. 27.
28 No registrant shall make false, misleading or deceptive statements in any advertisement, circular, pamphlet or material published by any means relating to the provision of travel services.  2002, c. 30, Sched. D, s. 28. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following headings before section 29: (See: 2017, c. 33, Sched. 5, s. 24) Part VI.1   Enforcement General
30 (1) If it appears to the director that a person is not complying with this Act or the regulations or an order made under this Act, the director may apply to the Superior Court of Justice for an order directing that person to comply, and, upon the application, the court may make such order as the court thinks fit.  2002, c. 30, Sched. D, s. 30 (1). Same (2) Subsection (1) applies in addition to any other procedures that may be available to the director, whether or not the director has exercised his or her rights under such procedures.  2002, c. 30, Sched. D, s. 30 (2). Appeal (3) An appeal lies to the Divisional Court from an order made under subsection (1).  2002, c. 30, Sched. D, s. 30 (3).
31 (1) A person is guilty of an offence who, (a)  furnishes false information in any application under this Act or in any statement or return required under this Act; (b)  fails to comply with any order, other than an order made under section 18, direction or other requirement under this Act; or (c)  contravenes or fails to comply with any section of this Act or the regulations made under this Act, other than a code of ethics established by the Minister under section 42.  2002, c. 30, Sched. D, s. 31 (1). Corporations (2) An officer or director of a corporation is guilty of an offence if he or she fails to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1).  2002, c. 30, Sched. D, s. 31 (2). Penalties (3) An individual who is convicted of an offence under this Act is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or both, and a corporation that is convicted of an offence under this Act is liable to a fine of not more than $250,000.  2002, c. 30, Sched. D, s. 31 (3). Limitation (4) No proceeding under this section shall be commenced more than two years after the facts upon which the proceeding is based first came to the knowledge of the director.  2002, c. 30, Sched. D, s. 31 (4).
32 (1) If a person is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or make restitution.  2002, c. 30, Sched. D, s. 32 (1). If insurance has paid (2) If an order is made in a person’s favour under subsection (1) and that person has already received compensation or restitution from an insurer or the Fund, the person ordered to pay the compensation or make restitution shall deliver the amount to the insurer or the Fund, as the case may be.  2002, c. 30, Sched. D, s. 32 (2).
33 (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the director may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default.  2002, c. 30, Sched. D, s. 33 (1). If payment made (2) Within 10 days after the director has notice that the fine has been paid in full, the director shall inform the consumer reporting agency of the payment.  2002, c. 30, Sched. D, s. 33 (2). Transition (3) If a fine is payable as a result of a conviction under the Travel Industry Act, then, despite the repeal of that Act, the director may treat the fine as if it is payable as a result of a conviction under this Act, and subsections (1) and (2) apply to such fine in like manner as they apply to a fine payable for a conviction under this Act.  2002, c. 30, Sched. D, s. 33 (3).
35 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (a)  as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b)  to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any other entity to which the administration of legislation similar to this Act or legislation that protects consumers has been assigned; (b.1)  as authorized under the Regulatory Modernization Act, 2007; (c)  to a prescribed entity or organization, if the purpose of the communication is consumer protection; (d)  to a law enforcement agency; (e)  to his, her or its counsel; or (f)  with the consent of the person to whom the information relates.  2004, c. 19, s. 23 (23); 2007, c. 4, s. 43. Testimony (2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations.  2004, c. 19, s. 23 (23). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 23 (23) - 01/07/2005 2007, c. 4, s. 43 - 17/01/2008
36 (1) Any notice, order or request is sufficiently given or served if it is, (a)  delivered personally; (b)  sent by registered mail; or (c)  sent by another manner if the sender can prove receipt of the notice, order or request.  2002, c. 30, Sched. D, s. 36 (1). Deemed service (2) If service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice or order until a later date.  2002, c. 30, Sched. D, s. 36 (2). Exception (3) Despite subsections (1) and (2), the Tribunal may order any other method of service it considers appropriate in the circumstances.  2002, c. 30, Sched. D, s. 36 (3).
37 (1) The Minister may by order establish fees that are payable under this Act in respect of registration, renewal of registration, late filings and other administrative matters.  2002, c. 30, Sched. D, s. 37 (1). Exception (2) Subsection (1) does not apply if there is a designated administrative authority.  2002, c. 30, Sched. D, s. 37 (2). Legislation Act, 2006, Part III (3) An order made under this section is not a regulation for the purposes of Part III (Regulations) of the Legislation Act, 2006.  2002, c. 30, Sched. D, s. 37 (3); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2012, c. 8, Sched. 11, s. 52 (5) - no effect -see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020
38 (1) For all purposes in any proceeding, a statement purporting to be certified by the director is, without proof of the office or signature of the director, admissible in evidence as proof in the absence of evidence to the contrary, of the facts stated in it in relation to, (a)  the registration or non-registration of any person; (b)  the filing or non-filing of any document or material required or permitted to be filed with the registrar; (c)  the time when the facts upon which the proceedings are based first came to the knowledge of the director; or (d)  any other matter pertaining to registration or non-registration of persons or to filing or non-filing of information.  2002, c. 30, Sched. D, s. 38 (1). Proof of document (2) Any document made under this Act that purports to be signed by the director or a certified copy of the document is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, that the document is signed by the director without proof of the office or signature of the director.  2002, c. 30, Sched. D, s. 38 (2).
39 (1) As required by regulation, the registrar shall make available to the public the names of registrants and other information, as prescribed, in respect of registrants.  2002, c. 30, Sched. D, s. 39 (1). Same (2) The names of registrants shall be made available in the prescribed form and manner and with such information as is prescribed.  2002, c. 30, Sched. D, s. 39 (2).
40 Despite the repeal of the Travel Industry Act, any person who was registered as a travel agent or travel wholesaler under that Act immediately before this Act is proclaimed into force shall be deemed to be registered as a travel agent or travel wholesaler, as the case may be, under this Act until the person is required to renew their registration under this Act.  2002, c. 30, Sched. D, s. 40. Note: On a day to be named by proclamation of the Lieutenant Governor, section 40 of the Act is repealed. (See: 2017, c. 33, Sched. 5, s. 29) Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 5, s. 29 - not in force Part VIII   Travel Industry Compensation Fund
41 (1) The Travel Industry Compensation Fund established under the Travel Industry Act is continued.  2002, c. 30, Sched. D, s. 41 (1). Regulations (2) The Fund shall be administered and managed in accordance with the regulations.  2002, c. 30, Sched. D, s. 41 (2). part ix   regulations