The consultation comments are summarized as follows:

Recommendation #1: Notice of Intention to Close the Business

Majority View Including that of ARTA Canada: The overwhelming majority of respondents felt that a requirement for Registrants to notify TICO of the intention to close a business and provide a summary of outstanding obligations and proposed satisfaction of such obligations "as soon as practicable" was well-intentioned but unlikely to result in any better management or handling of a Registrant’s closure. The term "as soon as practicable" renders the requirement without any realistic means of enforcement and places the requirement squarely in the arena of a subjective judgment as to when notice was actually due. Respondents felt, instead, that TICO should have more effective means to evaluate businesses before a closure is imminent and to suspend businesses which fit realistic characteristics of a business in financial distress and, therefore, non-compliance with the financial requirements.

Minority View: The recommendation is satisfactory but the wording "as soon as practicable" needs more teeth.

Recommendation #2: Compensation Fund Coverage of Trip Completion/Repatriation Expenses

Majority View Including that of ARTA Canada: The majority of respondents had no issue with the recommendation provided that boundaries and service limits were set on self-repatriation costs. Respondents were concerned that open-ended, unlimited expenditures for self-repatriation could be abused and would unnecessarily drain the compensation fund of its assets. Respondents wish to see clear limits and conditions placed on trip completion and self-repatriation to prevent any attempt to misuse the compensation fund.

Minority View: All trip completion and repatriation should be handled by TICO.

Recommendation #3: Clarify Exemptions from Educational Requirements

Majority View Including that of ARTA Canada: The overwhelming majority of respondents had no issue with this recommendation provided that there would be no attempt to remove the grandfathering clause or limit the grandfathering exemption period. Several attempts by TICO to suggest that the exemption would not be permanent have caused grave concerns among owners and managers/supervisors.

Minority View: The educational requirements have done little to improve consumer protection and have been a financial windfall and conflict of interest for TICO board member CITC which administers the examinations. The educational requirements should be eliminated.

Recommendation #4: Bulk List Publications

Majority View Including that of ARTA Canada: The majority of respondents had no issue with this item provided that the information published was a minimum of information not to include more than the TICO registration number, type of Registrant, name of business, and address of business. Respondents felt that any more information with particular emphasis on owner or manager information would be an unnecessary and unwarranted disclosure of proprietary business information.

Minority View: Respondents felt that this information should not be published in bulk and that the TICO web site already contained all the information about Registrants that would be necessary.

Recommendation #5: Simplification of Invoicing Requirements

Majority View Including that of ARTA Canada: The overwhelming majority of respondents agreed with the suggested changes but felt that the simplification does not go far enough. The current state of industry automation does not provide for easy compliance with some of the invoicing requirements, particularly the listing of every tax, fee, and charge on an airline ticket (fees and charges which are known). Notices regarding out-of-province health insurance when someone is not traveling out-of-province should also be eliminated.

Minority View: Respondents felt that the suggested changes were sufficient.

Recommendation #6: Reduction of Required Security Amounts

Majority View Including that of ARTA Canada: The overwhelming majority of respondents agreed with the suggested changes but felt that the same logic should be applied to contributions to the compensation fund. If credit sales are not at risk, then credit sales should also not be used as a basis to determine contributions to the compensation fund under the definition of "Sales in Ontario". It would seem that it is difficult to advocate the non-relevance of credit card sales as to risk, when the same credit card sales (monies never tendered by the retailer Registrant) continue to be a "payment" basis which attracts contributions to the compensation fund.

Minority View: Respondents felt that the suggested changes were sufficient.

Recommendation #7: Financial Reporting

Majority View Including that of ARTA Canada: The majority of respondents agree with the proposed recommendation but felt that the proposal does not go far enough. Most all agree that as a wholesaler and a retailer would have two different TICO registration numbers, the same logic should be applied to wholesalers and/or retailers under the same common control but with different registration numbers. For example, several retailers and several wholesalers have multiple registration numbers with TICO, but are actually under the same common control. Respondents feel that the threshold for financial reporting level should not be based on an individual registration, but rather the business entity as a whole, including all businesses under the same common control and/or ownership.

Minority View: Respondents felt that the suggested changes were sufficient.