Wide World Travel Ltd. o/a Marlin Travel v. Registrar, Travel Industry Act, 2002
Appeal from a Notice of Proposal under the Travel Industry Act. 2002, S.O. 2002 to Revoke Registration
Between:
Wide World Travel Ltd. o/a Marlin Travel Appellant
and
Registrar, Travel Industry Act, 2002 Respondent
CONSENT ORDER
ADJUDICATORS: Kevin Lundy, Member Rupinder Hans, Member
APPEARANCES:
For the Appellant: Nicole Thomas, Representative Julia Fischer, Counsel
For the Respondent: John Park, Counsel
Heard by Videoconference: March 21, 2023
CONSENT ORDER
OVERVIEW
1On June 16, 2022, the Registrar, Travel Industry Act, 2002, (the “Registrar”) issued a Notice of Proposal (the “NOP”) to revoke the registration of the Wide World Travel Ltd. o/a Marlin Travel (the “Registrant” or “Appellant”) as a travel retailer under the Travel Industry Act, 2002, S.O. 2002, c. 30, Sched D (the “Act”), which includes Ontario Regulation 26/05 to the Act.
2The NOP is based on the grounds that, having regard to the Appellant’s financial position, it cannot reasonably be expected to be financially responsible in the conducts of its business under s. 8(1)(d)(ii) of the Act, the past conduct of the Appellant’s sole officer and director affords reasonable grounds for belief that its business will not be carried on in accordance with the law and with integrity and honestly under s. 8(1)(d)(iv), and that the Appellant is carrying on activities that are, or will be if the Appellant is registered, in contravention of the Act or the regulations under s. 8(1)(e).
3Both parties agreed that pursuant to s. 4.1 of the Statutory Powers Procedure Act, R.S.O 1990, c. S2 (the “SPPA”), they waived the requirements of a hearing and consented to an Order of the Tribunal based upon the following terms and conditions:
ORDER
4The Registrar shall continue the appellant’s registration under the Act on the following terms and conditions:
(1) 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.
(2) The Registrant shall take care to ensure that Form 1 is filed with TICO in a timely manner in accordance with the applicable legislation.
(3) 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.
(4) The Registrant shall maintain and satisfy the statutory requirement in section 24 of Ontario Regulation 26/05 (i.e. positive working capital requirement) as of June 21, 2023.
(5) The Registrant shall submit to TICO by June 30, 2023 a verification statement (completed by a Licenced Public Accountant) for the period ending June 21, 2023.
(6) In the event the Registrant fails to comply with conditions #4 or #5 above, the Registrar will proceed to issue a Notice of Proposal to Revoke Registration. Notwithstanding the Registrant’s right to appeal the Notice of Proposal, the parties understand and acknowledge that:
(a) The deadline of June 21, 2023 referred to in condition #5 is meant to be an absolute deadline to address the statutory requirement in section 24 of Ontario Regulation 26/05 (i.e. positive working capital requirement) and the final extension offered to the Registrant to come into compliance.
LICENCE APPEAL TRIBUNAL
Kevin Lundy, Member
Rupinder Hans, Member
RELEASED: March 23, 2023