GENERAL, O. Reg. 161/10

• Jurisdiction: Ontario
• Year: 2010

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ontario regulation 161/10

made under the

travel industry Act, 2002

Made: May 12, 2010
Filed: May 14, 2010
Published on e-Laws: May 17, 2010
Printed in The Ontario Gazette: May 29, 2010

Amending O. Reg. 26/05

(General)

1. (1) Clause 12 (1) (a) of Ontario Regulation 26/05 is amended by striking out “(2) or (3)” and substituting “(2), (3) or (4)”.

(2) Subsection 12 (3) of the Regulation is revoked and the following substituted:

(3) On and after July 1, 2009, a registrant who is a travel agent and not an individual shall not sell or offer to sell travel services unless the services are sold or offered,

(a) directly by the registrant; or

(b) by an individual who is employed by or has a written contract with the registrant and who,

(i) has obtained from the administrative authority the required certification for being a travel counsellor and, if applicable, the required certification for being a travel supervisor/manager, or

(ii) meets the conditions set out in subsection 15 (3).

(4) On and after July 1, 2009, a registrant who is a travel agent and an individual shall not sell or offer to sell travel services unless the registrant has obtained from the administrative authority the required certification for being a travel counsellor and, if applicable, the required certification for being a travel supervisor/manager.

2. (1) Subclause 15 (2) (a) (i) of the Regulation is revoked and the following substituted:

(i) meets the conditions set out in subsection (2.1), or

(2) Clause 15 (2) (b) of the Regulation is amended by striking out “the Canadian Institute of Travel Counsellors” at the end and substituting “the administrative authority”.

(3) Section 15 of the Regulation is amended by adding the following subsection:

(2.1) The conditions referred to in subclause (2) (a) (i) are that the person,

(a) has obtained from the administrative authority the required certification for being,

(i) a travel counsellor, and

(ii) a travel supervisor/manager within six months of being employed by the travel agent as a supervisor/manager; and

(b) in the registrar’s opinion, has sufficient experience with and knowledge of the business of selling travel services to ensure that the office is managed in compliance with the Act and this Regulation.

(4) Clauses 15 (3) (a) and (b) of the Regulation are revoked and the following substituted:

(a) on June 30, 2009, managed and supervised an office operated by a travel agent;

(b) has obtained from the administrative authority the required certification for being a travel counsellor; and

(c) in the registrar’s opinion, has sufficient experience with and knowledge of the business of selling travel services to ensure that the office is managed in compliance with the Act and this Regulation.

3. Subsection 16 (2) of the Regulation is amended by striking out “the Canadian Institute of Travel Counsellors” and substituting “the administrative authority”.

4. The Regulation is amended by adding the following section:

Notice of ceasing to sell travel services

18.1 (1) A registrant that knows that it will cease to sell travel services at least 10 days before doing so shall provide written notice to the registrar as soon as practicable, but in no event less than 10 days before ceasing to sell travel services.

(2) A registrant that does not know that it will cease to sell travel services at least 10 days before doing so shall notify the registrar as soon as practicable after becoming aware that it will cease to sell travel services.

(3) A registrant that ceases to sell travel services shall provide the following to the registrar at the earliest practicable opportunity:

1. A letter setting out the exact date that the registrant ceased to sell travel services, if the registrant did not provide notice of that date under subsection (1).

2. A letter setting out the location where the registrant’s business records relating to the travel services that it sold will be kept.

5. (1) The French version of clauses 22 (2) (a) and (b) of the Regulation is amended by striking out “d’un comptable public” wherever that expression appears and substituting in each case “d’un expert-comptable”.

(2) The French version of the following provisions of the Regulation is amended by striking out “du comptable public” wherever that expression appears and substituting in each case “de l’expert-comptable”:

1. Clause 22 (3) (a).

2. Clause 22 (4) (a).

3. Clause 22 (5) (a).

(3) Section 22 of the Regulation is amended by adding the following subsection:

(5.1) Despite subsections (3) and (4), a registrant that carries on business as both a travel agent and a travel...