Important: This version of the e-Laws website will be upgraded to a new version in the coming weeks.
You can try the beta version of the new e-Laws at ontario.ca/laws-beta.
Travel Industry Act, R.S.O. 1990, c. T.19
Skip to content| repealed on July 1, 2005 | |
| June 17, 2004 – June 30, 2005 | |
| December 13, 2002 – June 16, 2004 |
| O. Reg. 806/93 | GENERAL |
Travel Industry Act
R.S.O. 1990, CHAPTER T.19
Note: This Act was repealed on July 1, 2005. See: 2002, c. 30, Sched. E, ss. 21, 22.
Amended by: 1994, c. 27, s. 100; 1996, c. 19, s. 25; 1997, c. 19, s. 42; 1998, c. 18, Sched. E, s. 289; 1999, c. 12, Sched. G, s. 34; 2001, c. 9, Sched. D, ss. 13, 14; 2002, c. 30, Sched. E, s. 21; 2004, c. 8, s. 46, Table.
CONTENTS
Definitions | |
Registrar | |
Acting as travel agent | |
Registration of agencies | |
Refusal to register | |
Notice of proposal to refuse or revoke | |
Interim suspension | |
Appeal | |
Continuance pending renewal | |
Registration not transferable | |
“Equity share” defined | |
Notice of material changes | |
Liability for deposits | |
False advertising | |
Financial statements | |
Inspection | |
Investigation of complaints | |
Investigation on order of Minister | |
Investigation by Director | |
Matters confidential | |
Appointment of receiver and manager | |
Order to refrain from dealing with assets | |
Service | |
Restraining order | |
Offences | |
Certificate as evidence | |
Regulations |
Definitions
“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.
“Equity share” defined
“equity share” means a share of a class of shares that carries a voting right either under all circumstances or under some circumstances that have occurred and are continuing. R.S.O. 1990, c. T.19, s. 11 (1).
Notice of transfer of shares
(2) Every registrant that is a corporation shall notify the Registrar in writing within thirty days after the issue or the entry of a transfer of any shares of its capital stock where such issue or transfer results in,
(a) any shareholder and shareholders associated with the registrant acquiring or accumulating at least 10 per cent of the total number of all issued and outstanding equity shares of such stock; or
(b) any shareholder and shareholders associated with the registrant who already own 10 per cent or more of the total number of all issued and outstanding equity shares of such stock increasing such holding. R.S.O. 1990, c. T.19, s. 11 (2).
Idem
(3) 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 of all the shares actually 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. R.S.O. 1990, c. T.19, s. 11 (3).
Idem
(4) Where a registrant that is a corporation is aware that a transfer that comes within the provisions of subsection (2) has taken place, it shall notify the Registrar in writing within thirty days after such knowledge came to the attention of its officers or directors, and not within thirty days of the entry of the transfer. R.S.O. 1990, c. T.19, s. 11 (4).
Associated shareholder
(5) For the purposes of subsection (2), a shareholder shall be deemed to be associated with another shareholder if,
(a) one shareholder is a company of which the other shareholder is an officer or director;
(b) one shareholder is a partnership of which the other shareholder is a partner;
(c) one shareholder is a company that is controlled directly or indirectly by the other shareholder;
(d) both shareholders are companies and one shareholder is controlled directly or indirectly by the same individual or company that controls directly or indirectly the other shareholder;
(e) both shareholders are members of a voting trust where the trust relates to shares of a corporation; or
(f) both shareholders are associated within the meaning of clauses (a) to (e) with the same shareholder. R.S.O. 1990, c. T.19, s. 11 (5).
Application of s. 10
(6) Where, in the opinion of the Registrar, an issue or transfer of equity shares of capital stock of a registered corporation results in a shareholder and shareholders associated with the shareholder having a material or substantial interest in the corporation, such issue or transfer shall be deemed to be a change of ownership for the purposes of section 10 and the registration ceases to exist except with the consent of the Registrar and the provisions of this Act applying to the refusal to renew a registration apply with necessary modifications to the refusal to give a consent under this subsection. R.S.O. 1990, c. T.19, s. 11 (6).
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.
Investigation by Director
19. (1) Where, upon a statement made under oath, the Director believes on reasonable and probable grounds that any person has,
(a) contravened any of the provisions of this Act or the regulations; or
(b) committed an offence under the Criminal Code (Canada) or under the law of any jurisdiction that is relevant to his, her or its fitness for registration under this Act,
the Director may by order appoint one or more persons to make an investigation to ascertain whether such a contravention of the Act or regulation or the commission of such an offence has occurred and the person appointed shall report the result of his or her investigation to the Director. R.S.O. 1990, c. T.19, s. 19 (1).
Powers of investigator
(2) For purposes relevant to the subject-matter of an investigation under this section, the person appointed to make the investigation may inquire into and examine the affairs of the person in respect of whom the investigation is being made and may,
(a) upon production of his or her appointment, enter at any reasonable time the business premises of such person and examine books, papers, documents, consumer files and things relevant to the subject-matter of the investigation; and
(b) inquire into negotiations, transactions, loans, borrowings made by or on behalf of or in relation to such person and into property, assets or things owned, acquired or alienated in whole or in part by him, her or it or any person acting on his, her or its behalf that are relevant to the subject-matter of the investigation,
and for the purposes of the inquiry, the person making the investigation has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such inquiry as if it were an inquiry under that Act. R.S.O. 1990, c. T.19, s. 19 (2).
Obstruction of investigator
(3) No person shall obstruct a person appointed to make an investigation under this section or withhold from him or her or conceal or destroy any books, papers, documents or things relevant to the subject-matter of the investigation. R.S.O. 1990, c. T.19, s. 19 (3).
Entry and search
(4) Where a justice of the peace is satisfied, upon an application without notice by the person making an investigation under this section, that the investigation has been ordered and that such person has been appointed to make it and that there is reasonable ground for believing there are in any building, dwelling, receptacle or place any books, papers, documents or things relating to the person whose affairs are being investigated and to the subject-matter of the investigation, the justice of the peace may, whether or not an inspection has been made or attempted under clause (2) (a), issue an order authorizing the person making the investigation, together with such police officer or officers as he or she calls upon to assist him or her, to enter and search, if necessary by force, such building, dwelling, receptacle or place for such books, papers, documents or things and to examine them, but every such entry and search shall be made between sunrise and sunset unless the justice of the peace, by the order, authorizes the person making the investigation to make the search at night. R.S.O. 1990, c. T.19, s. 19 (4).
Removal of books, etc.
(5) Any person making an investigation under this section may, upon giving a receipt therefor, remove any books, papers, documents or things examined under clause (2) (a) or subsection (4) relating to the person whose affairs are being investigated and to the subject-matter of the investigation for the purpose of making copies of such books, papers or documents, but such copying shall be carried out with reasonable dispatch and the books, papers or documents in question shall be promptly thereafter returned to the person whose affairs are being investigated. R.S.O. 1990, c. T.19, s. 19 (5).
Certified copies
(6) Any copy made as provided in subsection (5) and certified to be a true copy by the person making the investigation is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original book, paper or document and its contents. R.S.O. 1990, c. T.19, s. 19 (6).
Appointment of expert
(7) The Minister or Director may appoint any expert to examine books, papers, documents or things examined under clause (2) (a) or under subsection (4). R.S.O. 1990, c. T.19, s. 19 (7).
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).
Order to refrain from dealing with assets
(a) an investigation of any person has been ordered under section 19; or
(b) criminal proceedings or proceedings in relation to a contravention of any Act or regulation are about to be or have been instituted against a person that are connected with or arise out of the business in respect of which registration is required under this Act,
the Director, if he or she believes it advisable for the protection of customers of the person referred to in clause (a) or (b), may, in writing or by telegram, direct any person having on deposit or under control or for safekeeping any assets or trust funds or direct the person referred to in clause (a) or (b) to hold such assets or trust funds or direct the person referred to in clause (a) or (b) to refrain from withdrawing any such assets or trust funds from any person having any of them on deposit or under control or for safekeeping or to hold such assets or any trust funds of investors, customers or others in his, her or its possession or control in trust for any interim receiver or liquidator appointed under the Bankruptcy Act (Canada), the Courts of Justice Act, the Corporations Act, the Business Corporations Act, or the Winding-up Act (Canada), or until the Director revokes or the Tribunal cancels such direction or consents to the release of any particular assets or trust funds from the direction but, in the case of a bank listed in Schedule I or II to the Bank Act (Canada), loan or trust corporation, the direction only applies to the office, branches or agencies thereof named in the direction. R.S.O. 1990, c. T.19, s. 22 (1).
Bond in lieu
(2) Subsection (1) does not apply where the person referred to in clause (1) (a) or (b) files with the Director,
(a) a personal bond accompanied by collateral security;
(b) a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance; or
(c) a bond of a guarantor, other than an insurer referred to in clause (b), accompanied by collateral security,
in such form, terms and amount as the Director may determine. R.S.O. 1990, c. T.19, s. 22 (2); 1997, c. 19, s. 42.
Application for direction
(3) Any person in receipt of a direction given under subsection (1), if in doubt as to the application of the direction to any assets or trust funds, or in case of a claim being made thereto by a person not named in the direction, may apply to a judge of the Superior Court of Justice who may direct the disposition of such assets or trust funds and may make such order as to costs as seems just. R.S.O. 1990, c. T.19, s. 22 (3); 2001, c. 9, Sched. D, s. 14.
Notice to registrar of deeds, etc.
(4) In any of the circumstances mentioned in clause (1) (a) or (b), the Director may in writing or by telegram notify any land registrar that proceedings are being or are about to be taken that may affect land belonging to the person referred to in the notice, and the notice shall be registered against the lands mentioned therein and has the same effect as the registration of a certificate of pending litigation except that the Director may in writing revoke or modify the notice. R.S.O. 1990, c. T.19, s. 22 (4).
Cancellation of direction or registration
(5) Any person referred to in clause (1) (a) or (b) in respect of whom a direction has been given by the Director under subsection (1) or any person having an interest in land in respect of which a notice has been registered under subsection (4) may, at any time, apply to the Tribunal for cancellation in whole or in part of the direction or registration and the Tribunal shall dispose of the application after a hearing and may, if it finds that such a direction or registration is not required in whole or in part for the protection of customers of the applicant or of other persons interested in the land or that the interests of other persons are unduly prejudiced thereby, cancel the direction or registration in whole or in part, and the applicant, the Director and such other persons as the Tribunal may specify are parties to the proceedings before the Tribunal. R.S.O. 1990, c. T.19, s. 22 (5).
Court application
(6) The Director may, where he or she has given a direction under subsection (1) or a notice under subsection (4), apply to a judge of the Superior Court of Justice who may give directions or make an order as to the disposition of assets, trust funds or land affected by the direction or notice and as to costs. 1994, c. 27, s. 100; 2001, c. 9, Sched. D, s. 14.
Same
(7) An application by the Director for directions under this section may be made without notice to any other person or party. 1994, c. 27, s. 100.
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
(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
(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.
______________