A-10, r. 1 - Regulation respecting travel agents

Section 6 Disposition versions

2018-08-01

6. Every person applying for a travel agent licence must send the president, on a form provided by the president, the following information and documents:

(a)  the class of the licence concerned;

(b)  the person’s name, date of birth, domicile address, telephone number and, where applicable, technological address and fax number;

(c)  (subparagraph revoked);

(d)  the names under which the travel agent will carry on business;

(e)  the address of all the establishments where the travel agent will carry on business;

(f)  a declaration certifying compliance of each of the establishments with municipal by-laws relating to uses;

(g)  subject to section 11.13, a declaration stating that the person holds, at the time of applying for the issue of the licence, a travel agency manager certificate issued by the president after having passed, within less than 5 years, an examination on the knowledge of the laws and regulations applying to the travel sector and the management of a travel agency;

(h)  a declaration stating that the person has not been found guilty of fraud, forgery or fraudulent operations in contractual or commercial matters;

(i)  a declaration stating that the person has not been found guilty of an offence against the Act;

(j)  a declaration stating that the person has never held a licence nor held the position of officer or investor for a travel agent who was the cause of a claim paid by any of the collective security funds or the Fonds d’indemnisation des clients des agents de voyages and who did not reimburse the fund;

(k)  a declaration stating that the person has neither gone bankrupt in the 5 years preceding the application nor held the position of officer or investor for a travel agent who has gone bankrupt in the 5 preceding years;

(l)  a declaration stating that the person’s principal activity is to carry out management duties at the principal establishment of the person, association or partnership for which the person is applying for a licence;

(m)  in the case of a natural person applying for a licence on the person’s account, a declaration stating that the person’s principal activity is to perform operations of a travel agent at the principal establishment corresponding to the licence;

(n)  in the case of a person acting on the account of a person, association or partnership,

i.  the names, addresses and dates of birth of the officers and investors and their status and interest in the travel agency;

ii.  a declaration stating that the officers and investors have not been found guilty of an offence against the Act;

iii.  a declaration stating that no officer or investor has gone bankrupt as travel agent, or as officer or investor of a travel agency that has gone bankrupt, in the 5 years preceding the application;

iv.  a declaration stating that no officer or investor has been found guilty of fraud, forgery or fraudulent operations in contractual or commercial matters or has been an officer or investor of a travel agent found guilty of such offences;

v.  a declaration stating that no officer has ever held a licence or a position as officer or investor for a travel agent who was the cause of a claim paid by any of the collective security funds or the Fonds d’indemnisation des clients des agents de voyages, and who did not reimburse the fund;

vi.  a declaration stating that, at the time of the application, the person, association or partnership complied with the provisions relating to legal publicity, if the person, association or partnership is constituted under the statutes of Québec;

(o)  where the travel agent is required to register, the Québec business number (NEQ) assigned by the enterprise registrar;

(p)  the name and address of the financial institution where is located the trust account and the account number and the name, address and date of birth of the persons authorized to perform banking transactions affecting the trust account.

An application for the issue of a licence must be accompanied by the following:

(a)  in the case of a person acting on the account of a person, association or partnership, a copy of the resolution authorizing the applicant to hold a licence on the account of that person, association or partnership;

(b)  an opening balance sheet showing that the working capital is at least $5,000;

(c)  a declaration of the date of the end of the travel agent’s fiscal year;

(d)  if the application is made to continue to operate under a new legal entity, financial statements of the former travel agent as of the date of the application, including the financial statements of the trust account;

(e)  documents related to the opening and the signature log of the trust account;

(f)  (subparagraph revoked);

(g)  (subparagraph revoked).

Every licence application must be accompanied by the payable duties referred to in section 4, the surety bond provided for in Division XI and an attestation of the accuracy of the information provided under the first paragraph. The application must be signed by the natural person who files the application.

For the purposes of this section, in the case of a travel agent whose shares are listed on a stock exchange, “investor” refers only to a shareholder holding 10% or more of the voting shares.

R.R.Q., 1981, c. A-10, r. 1, s. 6; O.C. 994-86, s. 3; O.C. 546-92, s. 2; O.C. 473-2000, s. 2; O.C. 1420-2002, s. 1; O.C. 962-2004, s. 5; O.C. 496-2010, s. 11; O.C. 986-2018, s. 6.

2012-09-01

6. Every person applying for a travel agent licence must send the president, on a form provided by the president, the following information and documents:

(a)  the class of the licence concerned;

(b)  the person’s name, date of birth, domicile address, telephone number and, where applicable, technological address and fax number;

(c)  a declaration stating that the person is a Canadian citizen or landed immigrant within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27);

(d)  the names under which the travel agent will carry on business;

(e)  the address of all the establishments where the travel agent will carry on business;

(f)  a declaration certifying compliance of each of the establishments with municipal by-laws relating to uses;

(g)  up to 30 June 2012, a declaration stating that the person has, in the 8 preceding years and for a minimum period of 2 years, permanently performed operations of a travel agent full time on the account of travel agent holding a licence; as of 1 July 2012, a declaration stating that the person has held for less than 5 years a travel agency manager certificate issued by the president after having passed an examination on knowledge of the laws and regulations applying to the travel sector and the management of a travel agency;

(h)  a declaration stating that the person has not been found guilty of fraud, forgery or fraudulent operations in contractual or commercial matters;

(i)  a declaration stating that the person has not been found guilty of an offence against the Act;

(j)  a declaration stating that the person has never held a licence nor held the position of officer or investor for a travel agent who was the cause of a claim paid by any of the collective security funds or the Fonds d’indemnisation des clients des agents de voyages and who did not reimburse the fund;

(k)  a declaration stating that the person has neither gone bankrupt in the 5 years preceding the application nor held the position of officer or investor for a travel agent who has gone bankrupt in the 5 preceding years;

(l)  a declaration stating that the person’s principal activity is to carry out management duties at the principal establishment of the person, association or partnership for which the person is applying for a licence;

(m)  in the case of a natural person applying for a licence on the person’s account, a declaration stating that the person’s principal activity is to perform operations of a travel agent at the principal establishment corresponding to the licence;

(n)  in the case of a person acting on the account of a person, association or partnership,

i.  the names, addresses and dates of birth of the officers and investors and their status and interest in the travel agency;

ii.  a declaration stating that the officers and investors have not been found guilty of an offence against the Act;

iii.  a declaration stating that no officer or investor has gone bankrupt as travel agent, or as officer or investor of a travel agency that has gone bankrupt, in the 5 years preceding the application;

iv.  a declaration stating that no officer or investor has been found guilty of fraud, forgery or fraudulent operations in contractual or commercial matters or has been an officer or investor of a travel agent found guilty of such offences;

v.  a declaration stating that no officer has ever held a licence or a position as officer or investor for a travel agent who was the cause of a claim paid by any of the collective security funds or the Fonds d’indemnisation des clients des agents de voyages, and who did not reimburse the fund;

vi.  a declaration stating that, at the time of the application, the person, association or partnership complied with the provisions relating to legal publicity, if the person, association or partnership is constituted under the statutes of Québec;

(o)  where the travel agent is required to register, the Québec business number (NEQ) assigned by the enterprise registrar;

(p)  the name and address of the financial institution where is located the trust account and the account number and the name, address and date of birth of the persons authorized to perform banking transactions affecting the trust account.

An application for the issue of a licence must be accompanied by the following:

(a)  in the case of a person acting on the account of a person, association or partnership, a copy of the resolution authorizing the applicant to hold a licence on the account of that person, association or partnership;

(b)  an opening balance sheet showing that the working capital is at least $5,000;

(c)  a declaration of the date of the end of the travel agent’s fiscal year;

(d)  if the application is made to continue to operate under a new legal entity, financial statements of the former travel agent as of the date of the application, including the financial statements of the trust account;

(e)  documents related to the opening and the signature log of the trust account;

(f)  a copy of the articles of constitution, letters patent or any similar document and, where applicable, articles of amendment, articles of amalgamation, supplementary letters patent or any similar document, except where the documents have been filed with the enterprise registrar;

(g)  a person, association or partnership constituted under the statutes of a jurisdiction other than Québec must provide any document similar to an attestation issued by the enterprise registrar according to which, at the time of the application, it complied with the requirements relating to legal publicity, if the person, association or partnership was constituted under the statutes of Québec. The document must be issued by the competent authority of that jurisdiction and certify compliance of the person, association or partnership with the statutes of that jurisdiction.

Every licence application must be accompanied by the payable duties referred to in section 4, the surety bond provided for in Division XI and an attestation of the accuracy of the information provided under the first paragraph. The application must be signed by the natural person who files the application.

For the purposes of this section, in the case of a travel agent whose shares are listed on a stock exchange, “investor” refers only to a shareholder holding 10% or more of the voting shares.

R.R.Q., 1981, c. A-10, r. 1, s. 6; O.C. 994-86, s. 3; O.C. 546-92, s. 2; O.C. 473-2000, s. 2; O.C. 1420-2002, s. 1; O.C. 962-2004, s. 5; O.C. 496-2010, s. 11.