Preparing for the TICO Supervisor/Manager exam means understanding how investigations work and what happens if someone breaks the rules. This chapter will help you learn about proper conduct, investigations, offences, and penalties in a simple, easy-to-follow way.
Conduct: Acting Honestly and Legally
The Travel Industry Act, 2002 and Ontario Regulation 26/05 exist to protect consumers buying travel services from registered travel sellers in Ontario.
As a registrant, you must act with honesty and integrity in everything you do. Proper conduct isn’t just about following some rules—it’s about complying with all the requirements in the legislation. If you follow the law, you’re acting correctly.
The Statutory Director
- Known as the Director, appointed by TICO’s Board.
- Has special legal powers under the Act.
- Not the same as a Registrar or a Board member.
Section 30 of the Act:
If the Director sees someone isn’t following the Act or Regulation, they can apply to the Superior Court of Justice for an order to make the person comply. Individuals can appeal these orders to the Divisional Court.
TICO also has inspectors who can check registrants to ensure compliance. If there’s a suspected violation, cases may go to investigators who can officially inquire and possibly lead to charges.
Investigations: How TICO Looks into Violations
Investigators’ Role (Section 19)
- The Director can appoint investigators.
- Investigators receive a certificate of appointment, which they must show on request.
- They are authorized to officially examine potential violations.
Search Warrants (Section 20)
Before entering a non-registrant’s premises, investigators need a search warrant from a Justice of the Peace.
A warrant may allow investigators to:
- Enter the premises and examine/seize items listed in the warrant.
- Access business computers or data storage.
- Use investigative procedures listed in the warrant.
Conditions for Search Warrants
- Investigators must believe a person broke the Act or Regulation.
- They must also believe evidence is in a building or place.
- Special permission is needed to enter private homes.
Key points:
- Experts can assist investigators.
- Warrants usually allow entry 6 a.m. to 9 p.m. unless otherwise stated.
- Warrants expire after 30 days, unless extended.
- Police may assist and use reasonable force.
- No one can obstruct an investigation or destroy relevant items.
- Items in plain view that relate to the violation can be seized.
- Seized items must be returned promptly.
Exigent Circumstances (Section 21)
- Sometimes investigators may search without a warrant if it’s an emergency.
- Police assistance may be used, and reasonable force is allowed.
- This does not apply to homes.
Improper Conduct: What Not to Do
The law also lists actions that are considered improper:
- Falsifying information or documents related to travel services.
- Providing false or deceptive information, or encouraging others to do so.
- Making misleading statements in advertisements or publications.
Avoiding these actions is key to staying compliant and protecting consumers.
Penalties for Offences: What Happens if You Break the Law
Section 31 – Offences
A registrant can be guilty of an offence for:
- Providing false information on applications or returns.
- Failing to comply with orders or directions under the Act.
- Breaking any section of the legislation.
Penalties differ for individuals vs. corporations:
- Individuals: Up to $50,000 fine, up to 2 years less a day in jail, or both.
- Corporations: Up to $250,000 fine.
- Corporate officers may also be liable if they didn’t take reasonable care to prevent the offence.
Time Limit:
- No prosecution can start more than 2 years after TICO’s Director knew about the violation.
Note: Violating TICO’s Code of Ethics alone is not considered an offence under the Act.
Section 32 – Orders for Compensation or Restitution
- Courts may order convicted persons to pay compensation to victims or insurers/Travel Industry Compensation Fund.
- Restitution means repairing the loss suffered by another party.
Sections 33 & 34 – Defaulting on Fines
If a fine isn’t paid for 60+ days, the Director can:
- Report the default to a consumer reporting agency.
- Place a lien on the person’s property.
- Once the fine is paid, the lien or report must be removed.
A lien is a legal claim on property until a debt is paid.
Wrapping Up Chapter 10
You’ve now completed Chapter 10 – Investigations and Offences. Understanding investigations, improper conduct, and penalties will help you stay compliant and protect consumers.
Next Steps:
- Take the voluntary online quiz on ‘MyTICO’ for this chapter.
- Try the voluntary sample exam to test your readiness.
- After preparing with quizzes and sample exams, take the final exam to complete your Supervisor/Manager certification.
Good luck! Staying honest, knowing the rules, and understanding penalties will make you a confident and competent TICO Supervisor/Manager.
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