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ARTA Canada Supports TICO Regulatory Review, but Provincial Consultation Does Not Go Far Enough
Ministerial Board Appointment Still Empty 6 Weeks Later
Toronto, 02 November 2009: ARTA Canada announced today that it will seek input from its members regarding proposed changes to Ontario Regulation 26/05 which the government has put forth in a consultation paper today.
While some of the changes are indeed beneficial to both consumers and registrants, the first of two key issues, promised for prompt reconsideration by TICO, is clarifying the wording of the section dealing with wholesaler departure cancellations, the definition of force majeure, and a strengthening of regulatory language to assure that consumers receive the option for a full refund when a wholesaler cancels or postpones a departure for 24 hours or more. The second issue was allowing travel agencies to claim commission losses from the compensation fund when a wholesaler fails and commission payment was not made.
"TICO promised this would be resolved as the next wave of H1N1 jitters continue to erode consumer confidence in some wholesalers, particularly those which held consumers' payments hostage to a later date or alternative destination during the first series of Mexico swine flu precautionary cancellations. Was TICO giving us lip service at the AGM when they said this was being discussed with the government? Is there any valid explanation why this is not being included in this upcoming consultation?", said Bruce Bishins, CTC, president of ARTA Canada.
"We were also promised due consideration of the protection of agency commissions when a wholesaler fails and does not pay the agency. Clearly TICO placates us with one story at the AGM, while in reality, these issues languish in TICO's committees", added Bishins.
Adding insult to injury, and given the questionable urgency to amend the TICO bylaws, as supported by ACTA at the September 2009 TICO AGM, the so-called expediency needed to remove an elected board member seat in favour of giving the Ministry an additional appointment reveals the ministerial appointment still not made. So much for TICO's and ACTA's hyperbole in their collective rush to get rid of a board seat elected by registrants!
Ontario travel agencies and ARTA Canada members in the province are encouraged to read the consultation paper and provide comments to ARTA Canada so that a consolidated position, if possible, can be shared with the Ministry. Members should feel free to contact the Ministry directly with comments should they choose to do so.
Deadline for submission to ARTA Canada at postmaster@artacanada.ca is Wednesday, 09 December 2009. Deadline for submission to the Ontario Government at tiaconsultation@ontario.ca is Wednesday, 16 December 2009. A copy of the consultation paper may be downloaded by clicking here.
ARTA Canada encourages all Ontario agencies to read the proposed changes very carefully and to comment accordingly.
About ARTA Canada
ARTA Canada is the largest non-profit federally incorporated professional association of travel retailers in Canada, the members of which consist exclusively of travel agencies and travel agents. In addition to advocating fair and equitable treatment of travel consumers, ARTA Canada represents the commercial and strategic interests of its member travel agencies and travel agents in a variety of national and provincial domains including regulatory and legislative matters, automation, technology, sales and marketing, and distribution.
ARTA Canada is the strategic partner in Canada of the U.S.-based Association of Retail Travel Agents (ARTA). ARTA Canada is the Canadian member of UFTAA, the United Federation of Travel Agents' Associations. To join ARTA Canada, complete details and online membership application and secure payment are available on the ARTA Canada web site at www.artacanada.ca/join. |