jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Act, “Director” means the Director under the Ministry of Consumer and Business Services Act; (“directeur”) “Minister” means the Minister of Consumer and Business Services; (“ministre”) “Registrar” means the Registrar appointed under section 2; (“registrateur”) “regulations” means the regulations made under this Act; (“règlements”) “travel agent” means a person who sells, to consumers, travel services provided by another person; (“agent de voyages”) “travel service” means transportation, sleeping accommodation or other service for the use of a traveller, tourist or sightseer; (“service de voyages”) “travel wholesaler” means a person who acquires rights to a travel service for the purpose of resale to a travel agent or who carries on the business of dealing with travel agents or travel wholesalers for the sale of travel services provided by another person; (“grossiste en voyages”) “Tribunal” means the Licence Appeal Tribunal. (“Tribunal”) R.S.O. 1990, c. T.19, s. 1; 1999, c. 12, Sched. G, s. 34 (1); 2001, c. 9, Sched. D, s. 13.
Registrar
2. (1) The Deputy Minister shall appoint a person as the Registrar for the purposes of this Act. 1998, c. 18, Sched. E, s. 289. Duties (2) The Registrar may exercise the powers and shall perform the duties conferred or imposed upon him or her by or under this Act under the supervision of the Director. R.S.O. 1990, c. T.19, s. 2 (2).
Acting as travel agent
3. (1) No person shall act or hold himself, herself or itself out as being available to act as a travel agent unless the person is registered as a travel agent by the Registrar. R.S.O. 1990, c. T.19, s. 3 (1). Acting as travel wholesaler (2) No person shall act or hold himself, herself or itself out as being available to act as a travel wholesaler unless the person is registered as a travel wholesaler by the Registrar. R.S.O. 1990, c. T.19, s. 3 (2). Offices of travel agents (3) No travel agent shall conduct business from a place at which the public is invited to deal unless it is named as an office in the registration. R.S.O. 1990, c. T.19, s. 3 (3). Idem (4) Where more than one office is named in the registration, one shall be designated as the main office and the remainder as branch offices. R.S.O. 1990, c. T.19, s. 3 (4).
Registration of agencies
4. (1) An applicant is entitled to registration or renewal of registration as a travel agent or travel wholesaler by the Registrar except where, (a) having regard to his, her or its financial position, the applicant cannot reasonably be expected to be financially responsible in the conduct of his, her or its business; or (b) the past conduct of the applicant affords reasonable grounds for belief that he, she or it will not carry on business in accordance with law and with integrity and honesty; or (c) the applicant is a corporation and, (i) is incorporated without share capital, or (ii) having regard to its financial position, it cannot reasonably be expected to be financially responsible in the conduct of its business, or (iii) the past conduct of its officers or directors affords reasonable grounds for belief that its business will not be carried on in accordance with law and with integrity and honesty; or (d) the applicant is carrying on activities that are, or will be, if the applicant is registered, in contravention of this Act or the regulations. R.S.O. 1990, c. T.19, s. 4 (1). Registration of offices of travel agents (2) A travel agent or applicant for registration as a travel agent is entitled to have any place of business he, she or it specifies named in the registration except such branch offices as are in contravention of the regulations. R.S.O. 1990, c. T.19, s. 4 (2). Integrity (3) Without restricting the generality of clause (1) (b) and subclause (1) (c) (iii), a conviction within the previous five years for theft or for an offence under paragraph 94 (h), (i), (j) or (m) of the Immigration Act (Canada) is sufficient grounds for the purpose of those provisions. R.S.O. 1990, c. T.19, s. 4 (3). Conditions of registration (4) A registration is subject to such terms and conditions to give effect to the purposes of this Act as are consented to by the applicant, imposed by the Tribunal or prescribed by the regulations. R.S.O. 1990, c. T.19, s. 4 (4).
Refusal to register
5. (1) Subject to section 6, the Registrar may refuse to register an applicant where in the Registrar’s opinion the applicant is disentitled to registration under section 4. R.S.O. 1990, c. T.19, s. 5 (1). Revocation and refusal to renew (2) Subject to section 6, the Registrar may refuse to renew or may suspend or revoke a registration for any reason that would disentitle the registrant to registration under section 4 if he, she or it were an applicant, or where the registrant is in breach of a term or condition of the registration. R.S.O. 1990, c. T.19, s. 5 (2).
Notice of proposal to refuse or revoke
6. (1) Where the Registrar proposes to refuse to grant or renew a registration or proposes to suspend or revoke a registration or to refuse to name a branch office in a registration, he or she shall serve notice of his or her proposal, together with written reasons therefor, on the applicant or registrant. R.S.O. 1990, c. T.19, s. 6 (1). Notice requiring hearing (2) A notice under subsection (1) shall inform the applicant or registrant that the applicant is entitled to a hearing by the Tribunal if the applicant mails or delivers, within fifteen days after the notice under subsection (1) is served on the applicant, notice in writing requiring a hearing to the Registrar and the Tribunal, and the applicant may so require such a hearing. R.S.O. 1990, c. T.19, s. 6 (2). Powers of Registrar where no hearing (3) Where an applicant or registrant does not require a hearing by the Tribunal in accordance with subsection (2), the Registrar may carry out the proposal stated in his or her notice under subsection (1). R.S.O. 1990, c. T.19, s. 6 (3). Powers of Tribunal (4) Where an applicant or registrant requires a hearing by the Tribunal in accordance with subsection (2), the Tribunal shall appoint a time for and hold the hearing and, on the application of the Registrar at the hearing, may by order direct the Registrar to carry out his or her proposal or refrain from carrying out his or her proposal and to take such action as the Tribunal considers the Registrar ought to take in accordance with this Act and the regulations, and for such purposes the Tribunal may substitute its opinion for that of the Registrar. R.S.O. 1990, c. T.19, s. 6 (4). Conditions of order (5) The Tribunal may attach such terms and conditions to its order or to the registration as it considers proper to give effect to the purposes of this Act. R.S.O. 1990, c. T.19, s. 6 (5). Parties (6) The Registrar, the applicant or registrant who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section. R.S.O. 1990, c. T.19, s. 6 (6). Voluntary cancellation (7) Despite subsection (1), the Registrar may cancel a registration upon the request in writing of the registrant in the prescribed form surrendering his, her or its registration. R.S.O. 1990, c. T.19, s. 6 (7).
Interim suspension
7. Where the Registrar proposes to suspend or revoke a registration, the Registrar may, where the Registrar considers it to be necessary in the public interest, by order temporarily suspend the registration and the order shall take effect immediately and where a hearing is required, the order expires fifteen days from the date of the notice requiring the hearing unless the hearing is commenced in which case the Tribunal holding the hearing may extend the time of expiration until the hearing is concluded. R.S.O. 1990, c. T.19, s. 7.
Appeal
8. 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. 1999, c. 12, Sched. G, s. 34 (2).
Continuance pending renewal
9. Where, within the time prescribed therefor or, if no time is prescribed, before expiry of his, her or its registration, a registrant has applied for renewal of registration and paid the prescribed fee, the registration shall be deemed to continue, (a) until the renewal is granted; or (b) where the registrant is served with notice that the Registrar proposes to refuse to grant the renewal, until the time for giving notice requiring a hearing has expired and, where a hearing is required, until the Tribunal has made its order. R.S.O. 1990, c. T.19, s. 9.
Registration not transferable
10. A registration is not transferable. R.S.O. 1990, c. T.19, s. 10.
Notice of material changes
12. Every travel agent and travel wholesaler shall, within five days after the event, notify the Registrar in writing of, (a) any change in its address for service; and (b) any change in the officers in the case of a corporation or of the members in the case of a partnership. R.S.O. 1990, c. T.19, s. 12.
Liability for deposits
13. (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 therefor, for the repayment of such money to the extent of the amount received by him, her or it. R.S.O. 1990, c. T.19, s. 13 (1). Application of subs. (1) (2) Subsection (1) does not apply where, (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 any person with whom he, she or it would, but for this subsection, be jointly liable under subsection (1); and (c) the person referred to in subsection (1) who is entitled to repayment of money is entitled to be reimbursed therefor out of the compensation fund established under the regulations, unless the travel agent or travel wholesaler would, but for this subsection, be jointly liable under subsection (1) with a travel agent and travel wholesaler who is not registered under this Act. R.S.O. 1990, c. T.19, s. 13 (2).
False advertising
14. Where the Registrar believes on reasonable and probable grounds that a travel agent or travel wholesaler is making false, misleading or deceptive statements in any advertisement, or that the advertisement is in contravention of the regulations, the Registrar may order the immediate cessation of the use of such advertising and sections 6 to 8 apply with necessary modifications to the order in the same manner as to a proposal by the Registrar to refuse a registration and the order of the Registrar shall take effect immediately, but the Tribunal may grant a stay until the Registrar’s order becomes final. R.S.O. 1990, c. T.19, s. 14.
Financial statements
15. (1) Every travel agent and travel wholesaler shall, when required by the Registrar with the approval of the Director, file a financial statement showing the matter specified by the Registrar and signed by the travel agent and travel wholesaler and certified by a person licensed under the Public Accountancy Act. R.S.O. 1990, c. T.19, s. 15 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2004, chapter 8, section 46, Table by striking out “Public Accountancy Act” and substituting “Public Accounting Act, 2004”. See: 2004, c. 8, ss. 46, Table; 51 (2). Statement confidential (2) The information contained in a financial statement filed under subsection (1) is confidential and no person shall otherwise than in the ordinary course of his or her duties communicate any such information or allow access to or inspection of the financial statement. R.S.O. 1990, c. T.19, s. 15 (2).
Inspection
16. (1) The Registrar or any person designated by him or her in writing may at any reasonable time enter upon the business premises of a travel agent or travel wholesaler to make an inspection to ensure that the provisions of this Act and the regulations are being complied with. R.S.O. 1990, c. T.19, s. 16 (1). Idem (2) Where the Registrar has reasonable and probable grounds to believe that any person is acting as a travel agent or travel wholesaler without being registered, the Registrar or any person designated by him or her in writing may at any reasonable time enter upon such person’s business premises to make an inspection for the purpose of determining whether or not the person is in contravention of section 3. R.S.O. 1990, c. T.19, s. 16 (2). Powers on inspection (3) Upon an inspection under this section, the person inspecting, (a) is entitled to free access to all books of account, cash, documents, bank accounts, vouchers, correspondence and records of the person being inspected that are relevant for the purposes of the inspection; and (b) may, upon giving a receipt therefor, remove any material referred to in clause (a) that relates to the purpose of the inspection for the purpose of making a copy thereof, provided that such copying is carried out with reasonable dispatch and the material in question is promptly thereafter returned to the person being inspected, and no person shall obstruct the person inspecting or withhold or destroy, conceal or refuse to furnish any information or thing required by the person inspecting for the purposes of the inspection. R.S.O. 1990, c. T.19, s. 16 (3). Admissibility of copies (4) Any copy made as provided in subsection (3) and purporting to be certified by an inspector is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original. R.S.O. 1990, c. T.19, s. 16 (4).
Investigation of complaints
17. (1) Where the Registrar receives a written complaint in respect of a travel agent or travel wholesaler and so directs in writing, the travel agent or travel wholesaler shall furnish the Registrar with such information respecting the matter complained of as the Registrar requires. R.S.O. 1990, c. T.19, s. 17 (1). Idem (2) The direction under subsection (1) shall indicate the nature of the complaint involved. R.S.O. 1990, c. T.19, s. 17 (2). Idem (3) For the purposes of subsection (1), the Registrar or any person designated in writing by him may on notice at any reasonable time enter upon the business premises of the travel agent or travel wholesaler to make an inspection in relation to the complaint. R.S.O. 1990, c. T.19, s. 17 (3).
Investigation on order of Minister
18. The Minister may by order appoint a person to make an investigation into any matter to which this Act applies as may be specified in the Minister’s order and the person appointed shall report the result of his or her investigation to the Minister, and for the purposes of the investigation, the person making it has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such investigation as if it were an inquiry under that Act. R.S.O. 1990, c. T.19, s. 18.
Matters confidential
20. (1) Every person employed in the administration of this Act, including any person making an inquiry, inspection or an investigation under section 16, 17, 18 or 19 shall preserve secrecy in respect of all matters that come to the person’s knowledge in the course of the person’s duties, employment, inquiry, inspection or investigation and shall not communicate any such matters to any other person except, (a) as may be required in connection with the administration of this Act and the regulations or any proceedings under 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; (c) to a law enforcement agency; (d) to the person’s counsel; or (e) with the consent of the person to whom the information relates. R.S.O. 1990, c. T.19, s. 20 (1). Testimony in civil suit (2) No person to whom subsection (1) applies shall be required to give testimony in any civil suit or proceeding with regard to information obtained by him or her in the course of his or her duties, employment, inquiry, inspection or investigation except in a proceeding under this Act or the regulations. R.S.O. 1990, c. T.19, s. 20 (2).
Appointment of receiver and manager
21. (1) The Director may when he or she, (a) has ordered or is about to order an investigation under section 19; (b) has made or is about to make a directive under section 22; (c) has reasonable and probable grounds to believe that a person registered under this Act has failed or is about to fail to provide contracted and paid for travel services to a client; (d) is advised that a proposal to suspend or revoke a registration under section 5 or to temporarily suspend a registration under section 7 has been made; or (e) is advised that an investigation under section 18 has been ordered, apply to a judge of the Superior Court of Justice for the appointment of a receiver and manager of an involved travel agent or travel wholesaler. R.S.O. 1990, c. T.19, s. 21 (1); 2001, c. 9, Sched. D, s. 14. Idem (2) A judge, upon an application being made under subsection (1), without notice or, where the judge considers that notice should be given, upon such notice as the judge stipulates, may, where it is considered in the public interest and subject to the Bankruptcy Act (Canada), appoint a receiver and manager to take possession and control of the business of the person in respect of whom an action referred to in subsection (1) applies for a period not exceeding sixty days. R.S.O. 1990, c. T.19, s. 21 (2). Extension (3) An appointment made under subsection (2) may be extended, upon an application without notice, for an additional period not exceeding sixty days. R.S.O. 1990, c. T.19, s. 21 (3). Receiver and manager taking control (4) A receiver and manager appointed under subsection (2) shall take possession and control of the assets of the business and shall thereafter conduct the business and take such steps as in the receiver and manager’s opinion should be taken toward its rehabilitation and, for such purposes, the receiver and manager has all the powers of the board of directors of the corporation, if the business is a corporation, or of a sole proprietor or all partners if the business is not a corporation and, without limiting the generality of the foregoing, the receiver and manager may, (a) exclude the directors, officers, employees and agents of the business from the premises and property of the business; and (b) carry on, manage and conduct the operations of the business and in the name of the business preserve, maintain, realize, dispose of and add to the property of the business, receive the incomes and revenues of the business. R.S.O. 1990, c. T.19, s. 21 (4). Enforcement of order (5) An order made under this section may be enforced in the same manner as any order or judgment of the Superior Court of Justice and may be varied or discharged upon an application made by notice. R.S.O. 1990, c. T.19, s. 21 (5); 2001, c. 9, Sched. D, s. 14. Rules of practice (6) Upon an application being made under this section, the rules of court apply. R.S.O. 1990, c. T.19, s. 21 (6).
Service
23. (1) Any notice or order required to be given, delivered or served under this Act or the regulations is sufficiently given, delivered or served if delivered personally or sent by registered mail addressed to the person to whom delivery or service is required to be made at the person’s last known address. R.S.O. 1990, c. T.19, s. 23 (1). Idem (2) Where service is made by 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. R.S.O. 1990, c. T.19, s. 23 (2).
Restraining order
24. (1) Where it appears to the Director that any person does not comply with any provision of this Act, the regulations or an order made under this Act, despite the imposition of any penalty in respect of such non-compliance and in addition to any other rights the Director may have, the Director may apply to a judge of the Superior Court of Justice for an order directing such person to comply with such provision, and upon the application, the judge may make such order or such other order as the judge thinks fit. R.S.O. 1990, c. T.19, s. 24 (1); 2001, c. 9, Sched. D, s. 14. Appeal (2) An appeal lies to the Divisional Court from an order made under subsection (1). R.S.O. 1990, c. T.19, s. 24 (2).
Offences
25. (1) Every person who, (a) knowingly furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act or the regulations; (b) fails to comply with any order made under this Act; or (c) contravenes any provision of this Act or the regulations, and every director or officer of a corporation who knowingly concurs in such furnishing, failure or contravention is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both. R.S.O. 1990, c. T.19, s. 25 (1). Corporations (2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed upon the corporation is $100,000 and not as provided therein. R.S.O. 1990, c. T.19, s. 25 (2). Limitation (3) No proceeding under clause (1) (a) shall be commenced more than one year after the facts upon which the proceeding is based first came to the knowledge of the Director. R.S.O. 1990, c. T.19, s. 25 (3). Idem (4) No proceeding under clause (1) (b) or (c) shall be commenced more than two years after the time when the subject-matter of the proceeding arose. R.S.O. 1990, c. T.19, s. 25 (4).
Certificate as evidence
26. (1) A statement as 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 proceedings are based first came to the knowledge of the Director; or (d) any other matter pertaining to such registration, non-registration, filing or non-filing, purporting to be certified by the Director is, without proof of the office or signature of the Director, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein for all purposes in any action, proceeding or prosecution. R.S.O. 1990, c. T.19, s. 26 (1). Proof of Minister’s signature (2) Any document under this Act purporting to be signed by the Minister, or any certified copy thereof, is receivable in evidence in any action, prosecution or other proceeding as proof, in the absence of evidence to the contrary, that the document is signed by the Minister without proof of the office or signature of the Minister. R.S.O. 1990, c. T.19, s. 26 (2).
Regulations
27. The Lieutenant Governor in Council may make regulations, (a) exempting any class of persons from this Act or the regulations or any provision thereof; (b) governing applications for registration or renewal of registration and prescribing terms and conditions of registration; (c) providing for the expiration and renewal of registrations; (d) requiring the payment of fees on application for registration or renewal of registration, or any class thereof, and prescribing the amounts thereof; (e) requiring travel agents and travel wholesalers or any class thereof to be bonded in such form and terms and with such collateral security as are prescribed, and providing for the forfeiture of bonds and the disposition of the proceeds; (f) requiring and governing the maintenance of trust accounts by travel agents and travel wholesalers or any class thereof, and prescribing the money that shall be held in trust and the terms and conditions therefor; (g) governing the form and content of advertising by travel agents and travel wholesalers; (h) regulating the management and operation of branch offices of travel agents; (i) governing contracts for the purchase or acquisition of travel services by travel wholesalers; (j) requiring and governing the books, accounts and records relating to the due compliance with the provisions of this Act that shall be kept by travel agents and travel wholesalers; (k) prescribing further procedures respecting the conduct of matters coming before the Tribunal; (l) prescribing forms for the purposes of this Act and providing for their use; (m) requiring any information required to be furnished or contained in any form or return to be verified by affidavit; (n) providing for the establishment, maintenance and administration of a compensation fund in trust by travel agents and travel wholesalers and prescribing the form and terms of the trust; (o) providing for the payment of levies into the compensation fund by travel agents and travel wholesalers and prescribing the amounts thereof; (p) providing for payment out of the compensation fund of claims and procedures to be followed in respect thereto; (q) requiring participation in the compensation fund by travel agents and travel wholesalers; (r) providing for the borrowing of money to supplement the compensation fund. R.S.O. 1990, c. T.19, s. 27. 28. Repealed: 1996, c. 19, s. 25. ______________ Français
Regulations
28. Repealed: 1996, c. 19, s. 25. ______________ Français