Appeal from a Notice of Proposal by the Registrar, Travel Industry Act, 2002, to Revoke Registration
Between:
1761952 Ontario Inc. o/a Pelican Air Travel and Tours Services
Appellant
and
Registrar, Travel Industry Act, 2002
Respondent
CONSENT ORDER
ADJUDICATOR:
Jeffery Campbell, Vice-Chair
APPEARANCES:
For the Appellant:
M. Hossain, Representative
For the Respondent:
John Park, Agent for the Registrar
Heard in writing
BACKGROUND
1The appellant appealed a Notice of Proposal issued by the Registrar dated October 12, 2022, under the Travel Industry Act, 2002, S.O. 2002, C.30, Schedule D (the Act) to revoke the registration of Pelican Air Travel (the appellant) as a travel agent under the Act.
2The parties have advised the Tribunal that they were able to agree upon a settlement of all outstanding issues in this matter and prepared minutes of settlement. The parties have requested that the terms of settlement be incorporated into a consent order disposing of this proceeding.
3Executed minutes of settlement were provided to the Tribunal on February 13, 2023.
ORDER AND DIRECTION
4Accordingly, on the consent of the parties and upon having reviewed the agreement signed by the appellant and the Registrar, filed, the Tribunal directs and orders the Registrar not to carry out the Proposal but to register the appellant on the terms and conditions attached to the Order as Schedule “A.”.
5This Tribunal file is now closed.
LICENCE APPEAL TRIBUNAL
__________________________
Jeffery Campbell – Vice-Chair
Released: February 15, 2023
(Schedule “A”)
1761952 Ontario Inc. o/a Pelican Air Travel and Tours Services
Registration 50025375 – R (Retail)
CONDITIONS TO REGISTRATION
Whereas 1761952 Ontario Inc. o/a Pelican Air Travel and Tours Services (Registration 50025375R) (the “Registrant”) is a travel agent under the Travel Industry Act, 2002, ("Act") and is subject to the requirements of the Act and to Regulation 26/05 under the Act (“Regulation”) (collectively, the “legislation”);
AND WHEREAS a Notice of Proposal to Revoke Registration (the “Proposal”) was issued by the Registrar on October 12, 2022;
AND WHEREAS the Proposal alleged that the Registrant failed to submit a financial statement or a verification statement for the 2021 fiscal year-end;
AND WHEREAS the Proposal alleged that the Registrant failed to submit a financial statement or a verification statement for the 2022 fiscal year-end;
AND WHEREAS the Registrant has addressed the deficiencies outlined in the Proposal since it was issued;
AND WHEREAS the Registrar is agreeable to resolve the Proposal;
AND WHEREAS the Registrar believes that attaching the following conditions to the registration is just in the circumstance;
The Registrant accepts the following conditions to its registration:
A. Conditions of Continued Registration
In addition to and without limiting the Registrant’s obligation to comply with all requirements of the legislation, and in addition to and without limiting its obligation to comply with all voluntary conditions of its registration including but not limited to those undertaken at the time of its registration and/or renewal of registration, and including without limitation the Trust Declaration, on behalf of the Registrant, undertaking to comply with its provisions, the provisions of the legislation and TICO Guidelines with respect to trust accounts and the depositing, holding and disbursement of trust funds (“Trust Declaration”), the Registrant hereby undertakes to comply with the following additional conditions of its registration:
The Registrant shall take care to ensure that annual Financial Statements or Verification Statements are filed with TICO in a timely manner in accordance with the applicable legislation.
The Registrant shall take care to ensure that Form 1 is filed with TICO in a timely manner in accordance with the applicable legislation.
The Registrant shall respond to any and all requests for information, forms or documents from the Registrar or the Registrar’s designate (hereinafter “TICO staff”) in a fulsome and timely manner and is responsible for ensuring that any and all Directors and Officers and Supervisor/Managers of the Registrant respond in a fulsome and timely manner. The Registrant shall respond to all requests for information, forms or documents from TICO staff by the due date or time indicated or, if no specific due date or time is indicated, within 5 business days after the request.
The Registrant shall enrol and complete before August 1, 2023, the following TICO webinars or equivalent:
a. “Preparing the Verification Statement” Webinar
*Note: upcoming webinar course dates and registration instructions are found on the TICO website at https://www.tico.ca/travel-professionals/tico-learning-centre/upcoming-webinars-and-seminars.html
B. The Registrant understands that should it fail to comply with any of the above noted conditions or any other provision of the Act or Regulation, that non-compliance and all previous non-compliance history will be taken into consideration and cited in any decision by the Registrar to take further legal or administrative action including a further Proposal to Revoke or Refuse to Renew Registration under the Act.
C. The Registrant hereby acknowledges and understands that nothing in these conditions restricts the right of the Registrar or the Travel Industry Council of Ontario to take further administrative or legal action, or a prosecution for an alleged offence under the Act, as appropriate, including but not limited to any administrative or legal action arising in whole or in part from any non-compliance with these Conditions. For clarity, the Registrant acknowledges and understands that a failure to comply with any provisions of the Conditions of Continued Registration above may result in issuance of the Notice of Proposal to Revoke Registration.
D. The Registrant and the undersigned on behalf of the Registrant acknowledge they have read, understand and will comply with the entirety of this document including but not limited to the Conditions of Continued Registration.
E. The Registrant and the undersigned on behalf of the Registrant hereby acknowledge that they have been informed of their right to independent legal advice.
SIGNED THIS TH DAY OF FEBRUARY 2023
Md Delwar Hossain
1761952 Ontario Inc. (TICO Registration #50025375R)
“I have the authority to bind the Corporation”
Richard Smart
Registrar, Travel Industry Act, 2002