Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2012-03-22
FILE:
7076/TIA
CASE NAME:
7076 v. Registrar, Travel Industry Act 2002
An Appeal from a Notice of Proposal by the Registrar, Travel Industry Act, 2002, S.O. 2002, c. 30, Sch. D – dated October 26th, 2011 to Revoke Registration
Applicant
Applicant
-and-
Registrar, Travel Industry Act, 2002
Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by Esmail Attia o/a Via Travel, the Applicant, and the Registrar, under the Travel Industry Act, 2002 for issuance of a Consent Order of the Tribunal without a hearing pursuant to section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22; and
Having reviewed the written settlement signed by the Applicant and the Registrar, Travel Industry Act, 2002 as to the disposition of these proceedings which is filed and attached hereto as Schedule “A”;
NOW THEREFORE, upon consent of the parties, this Tribunal orders that the proceedings in this matter are concluded and disposed of without a hearing on the basis of the terms set out in the said Schedule “A”, which are incorporated into and made part of this Order.
LICENCE APPEAL TRIBUNAL
D. Gregory Flude, Chair
RELEASED: March 22, 2012
SCHEDULE "A"
Licence Appeal Tribunal
ESMAIL ATTIA O/A VIA TRAVEL
Applicant
AND
REGISTRAR, TRAVEL INDUSTRY ACT, 2002
Respondent
MINUTES OF SETTLEMENT
WHEREAS Esmail Attia o/a Via Travel located at 3355 Hurontario Street, Suite 7, Mississauga, ON L5A 2H3, is a travel agent registered on December 22, 1999, Registration No. 50007234, under the Travel Industry Act, 2002 ("the Act");
AND WHEREAS the Registrar issued the Notice of Proposal to Revoke Registration of Esmail Attia o/a Via Travel on October 26, 2011 (“NOP”), for the reason Esmail Attia o/a Via Travel is and has been carrying on activities that are in contravention of the Act and the Ontario Regulation 26/05 made under the Act (the “Regulation”);
AND WHEREAS Esmail Attia o/a Via Travel appealed the NOP to the Licence Appeal Tribunal;
AND WHEREAS the NOP was issued for a failure of the Esmail Attia o/a Via Travel to maintain a trust account and follow proper trust accounting procedures as well as for a failure to maintain a minimum working capital.
AND WHEREAS the parties agreed to settle all of the issues outstanding in the appeal on the following terms and conditions:
The parties consent to an Order of the Licence Appeal Tribunal incorporating the terms of these Minutes of Settlement and disposing of these proceedings without a hearing.
Not later than 30 days from the date these Minutes are signed by the parties, the Registrant shall submit the following documentation in order for Mr. Mohamed Attia’s Application for a Manager of the Registrant to be completed:
a. Copy of the Photo ID;
b. Original Police Background Check Certificate.
In the alternative to paragraph 2 above, the Registrant, not later than 30 days from the day these Minutes are signed by the parties, is to submit another application for a new manager who is qualified to be a manager of the Registrant pursuant to section 15(2) of the Regulation 26/05 made under the Act (the “Regulation”).
The Registrant shall file any and all annual financial statements for each fiscal year prepared by a public accountant licensed under the Public Accountancy Act, 2004 and accompanied by a Review Engagement Report or an Audit Opinion as required by the Regulation within 3 months after the end of the fiscal year.
Each and every annual financial statement filed with TICO shall disclose the trust position at the end of the year. The statement with respect to the trust position shall include the balance in the Travel Industry Act Trust Account at the year end, plus any other balances that are included in the trust position.
The Registrant shall respond to TICO inquiries and requests in a timely manner.
The Registrant shall advise TICO of changes outlined in sections 16 and 17 of the Regulation within the time prescribed in those sections.
The Registrant shall, at all times, maintain the minimum working capital as required by section 24 of the Regulation. If based on the financial statements submitted by the Registrant, the Registrar concludes that the working capital of the Registrant is not in compliance with s. 24 of the Regulation, the Registrant shall take the necessary steps to correct its working capital position and submit proof thereof within 30 days from the request by the Registrar.
The shareholders of the Registrant shall ensure that loans and/or advances to Esmail Attia o/a Via Travel will not be withdrawn until such time as it can be done without reducing working capital below the minimum amount required by the Act and the Regulation. In the event Esmail Attia o/a Via Travel decides to discontinue operations, any claims against the Ontario Travel Industry Compensation Fund are to be fully satisfied before shareholder loans can be repaid.
Esmail Attia o/a Via Travel and the undersigned, acknowledge that we have read, understand and will comply with the terms of these Minutes of Settlement.
Esmail Attia o/a Via Travel further acknowledges that it has obtained or has had full opportunity to obtain independent legal advice with respect to the terms of these Minutes of Settlement and their legal effect and impact and further undertakes to comply with them.
SIGNED THIS DAY OF , 2012
Esmail Attia, owner
Mr. Michael Pepper
Esmail Attia o/a Via Travel
Registrar, Travel Industry Act, 2002