Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2015-02-27
FILE:
9123/TIA
CASE NAME:
9123 v. Registrar, Travel Industry Act, 2002
An Appeal from a Notice of Proposal of the Registrar, Travel Industry Act, 2002, S.O. 2002, c. 30, Sch. D, dated August 19, 2014 - to Refuse to Renew Registration
952162 Ontario Ltd. o/a AJB Travels
Appellant
-and-
Registrar, Travel Industry Act, 2002
Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by 952162 Ontario Ltd. o/a AJB Travels, the Appellant, 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 Appellant 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 the 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
Patricia McQuaid, Vice-Chair
Released: February 27, 2015
SCHEDULE "A"
Licence Appeal Tribunal
952162 ONTARIO LTD. O/A AJB TRAVELS
Appellant
AND
REGISTRAR, TRAVEL INDUSTRY ACT, 2002
Respondent
MINUTES OF SETTLEMENT
WHEREAS 952162 Ontario Ltd. o/a AJB Travels located at 880 Ellesmere Road, Suite 211A, Scarborough, Ontario, M1P 2W6 is a travel agent (Registration No. 4023891) registered on September 18, 1991, and a travel wholesaler (Registration No. 4305439), registered on December 6, 1996, under the Travel Industry Act, 2002 (the “Act") and Ontario Regulation 26/05 made under the Act (the “Regulation”);
AND WHEREAS the Registrar issued the Notice of Proposal to Refuse to Renew Registration of 952162 Ontario Ltd. o/a AJB Travels on August 19, 2014 (“NOP”), for the reason 952162 Ontario Ltd. o/a AJB Travels is and has been carrying on activities that are in contravention of the Act and the Regulation;
AND WHEREAS 952162 Ontario Ltd. o/a AJB Travels appealed the NOP to the Licence Appeal Tribunal;
AND WHEREAS the NOP was issued for 952162 Ontario Ltd. o/a AJB Travels’ failure to file its Application for Renewal of Registration, failure to file Form 1 and the Registrant’s continuous failure to respond to TICO’s requests and correspondences.
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.
The Registrant must maintain its trust account in accordance with the Act and the Regulation and Trust Accounting Guidelines.
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, customer deposits, plus any other balances that are included in the trust position. If the customer deposits are nil at the year end, then it must be stated as such.
The Registrant shall respond to TICO inquiries and requests as soon as possible, but not later than within 5 business days.
If Mr. Thayaparanithy is away from the office for extended periods of time, he is to appoint another person who will be able to respond to TICO’s correspondences in his absence. Mr. Thayaparanithy is to advise TICO of the name and contact information for the person so appointed.
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.
952162 Ontario Ltd. o/a AJB Travels and the undersigned, acknowledge that we have read, understand and will comply with the terms of these Minutes of Settlement.
952162 Ontario Ltd. o/a AJB Travels 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 6TH DAY OF JANUARY, 2015
Mr. Gobinath (Gobi) Thayaparanithy
Manager/President
Mr. Richard Smart
952162 Ontario Ltd. o/a AJB Travels
I have the authority to bind the corporation
Registrar, Travel Industry Act, 2002