Introduction to TICO's Regulatory Framework
The Travel Industry Council of Ontario (TICO) plays a crucial role in enforcing the Travel Industry Act, 2002, and Ontario Regulation 26/05, which are the cornerstone of the travel industry's regulations in Ontario. The primary focus of these regulations is to ensure that anyone selling travel services in the province complies with these legislative requirements. This guide provides a simplified overview of who needs to register under these regulations and outlines the key exemptions as per TICO’s guidelines. It's essential to note that this information is not legal advice, and for the most accurate and up-to-date information, travel service providers should directly consult TICO.
Registration Requirements Under TICO
In Ontario, travel agents and wholesalers are required to register with TICO, as per Section 4 of the Travel Industry Act. This registration is fundamental to operating legally in the travel industry within the province. It ensures that the service providers adhere to the standards and practices mandated by TICO, thereby maintaining the integrity and reliability of travel services offered to consumers.
Exemptions from Registration
There are specific groups and activities that are exempted from the necessity of registration under the Act, as laid out in Section 2 of the Regulation. Understanding these exemptions is vital for travel service providers to determine whether their business activities fall under the scope of the Act or if they are exempt:
End Suppliers of Accommodation and Travel Services
- Accommodation Providers: Those who supply accommodation and also offer local travel services (within 25 km of their location) do not need to register.
- Other Travel Service Providers: Local tourism businesses that do not collect more than 25% of travel service costs more than 30 days in advance are exempt from registration.
Public Carriers and Agents
- Scheduled Transportation Providers: Public carriers offering scheduled transportation services are exempt.
- Appointed Agents: Agents appointed by public carriers to sell bus travel services are also exempt.
Specific Tour Operators
- One Day Tours: Businesses that exclusively organize one-day tours without accommodation are not required to register.
- Guides and Sightseeing Services: Those offering only guide or sightseeing services in Ontario, without additional travel services, fall under the exemptions.
Educational and Non-Profit Organizations
- Educational Institutions: Schools organizing occasional educational trips as part of the curriculum are exempt.
- Religious and Amateur Groups: Religious organizations, amateur sports teams, or associations providing overland travel for specific purposes are not required to register.
- Not-for-Profit Clubs: Non-profit clubs providing overland travel services exclusively to members for certain purposes are also exempt.
Real Estate Entities under REBBA
- Short-term Accommodation Rental Properties: Real estate entities registered under REBBA and dealing in short-term accommodation rental properties are exempt from TICO registration.
Conclusion and Disclaimer
This guide serves to simplify the understanding of TICO's regulations for travel agents and wholesalers in Ontario. It’s crucial for businesses to regularly consult TICO for the latest information and guidelines, as this guide does not serve as legal advice. For detailed legal advice and the most current regulatory information, go on their site here or contacting TICO directly is recommended.
