Licence Appeal Tribunal File Number: 13153 CDSSA
Appeal under section 8 of the Collections and Debt Settlement Services Act, R.S.O. 1990, C. 14 from a Notice of Proposal to Refuse to Renew Registration
Between:
Deborah Swyer-Burke o/a Trans Canada Collections and Recovery Appellant
and
Registrar, Collections and Debt Settlement Services Act Respondent
CONSENT ORDER
ADJUDICATOR: Avril A. Farlam, Vice-Chair
APPEARANCES:
For the Appellant: George Fournier, Counsel
For the Respondent: Steven Succi, Counsel
Held by teleconference: May 30, 2023
BACKGROUND
1Deborah Swyer-Burke o/a Trans Canada Collections and Recovery (the “appellant”) appealed from a Notice of Proposal to Refuse to Renew Registration (the “NOP”) issued by the Registrar under the Collections and Debt Settlement Services Act, R.S.O. 1990, C. 14 (the “Registrar” and the “Act” respectively) dated January 21, 2021.
2The NOP states that the Registrar may refuse to renew a registration where the registrant is in breach of a term or condition of the registration. Section 13(6) of Regulation 74 made under the Act requires as a term and condition of the registration that a copy of the current financial statement prepared by a person licensed under the Public Accounting Act, 2004 shall be attached to the application for renewal. As of the date of the NOP, the Registrar has not received the required financial statements, certified as required by s. 14 of Regulation 74.
3The appellant disputes the allegations in the NOP as set out in the Notice of Appeal.
4Both parties have advised the Tribunal that they have resolved the issues in dispute and that both parties consent to the renewal of the appellant’s registration under the Act on the terms and conditions set out in Schedule A signed by the appellant on May 31, 2023 and signed by the respondent on May 30, 2023.
5Further, both parties have confirmed that pursuant to section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S 2 (the “SPPA”), they waive the requirements of a hearing and consent to an Order of the Tribunal to allow the appellant’s registration on the terms and conditions set out on Schedule A signed by the appellant on May 31, 2023 and signed by the respondent on May 30, 2023.
6A copy of the agreed upon terms and conditions signed by both parties is attached as Schedule A to this Order.
7As a result, I made the following Order.
ON CONSENT OF BOTH PARTIES, I ORDER:
8Pursuant to s. 4.1 of the SPPA and on the consent of the parties, I dispose of this proceeding without a hearing on the terms and conditions signed by the appellant on May 31, 2023 and by the respondent on May 30, 2023, attached to this order as Schedule A, which Schedule A is incorporated and made part of this Order.
LICENCE APPEAL TRIBUNAL
Avril A. Farlam, Vice-Chair
Released: June 8, 2023
Schedule “A”
The Registrar agrees to renew the appellant’s registration under the CDSSA effective as of January 6, 2023.
For a period of two years—from January 2023 to January 2025—the Appellant shall provide trust account statements to the Registrar every month. The previous month’s statements must be submitted on or before the fifteenth day of each month.
For a period of four years—from January 6, 2023 to January 6, 2027—the Appellant shall provide financial statements that are either reviewed or audited by a licensed public accountant every year on or before January 6th.
Both the Appellant and the Respondent waive their rights to a hearing and, in accordance with section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, Chapter S.22, as amended, consent to this proceeding being disposed of by a decision of the Licence Appeal Tribunal without a hearing.