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O. Reg. 18/07: REFUND OF FEE FOR ELECTRONIC APPLICATION FOR NEW REGISTRATION

under Business Names Act, R.S.O. 1990, c. B.17

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current January 29, 2007 (e-Laws currency date)

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Business Names Act

ONTARIO REGULATION 18/07

REFUND OF FEE FOR ELECTRONIC APPLICATION FOR NEW REGISTRATION

Consolidation Period: From January 29, 2007 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“application” means an electronic application for a new registration of a name for the purposes of complying with subsection 2 (1), (2) or (3) of the Act; (“demande”)

“business day” means Monday to Friday, and excludes a holiday; (“jour ouvrable”)

“calendar day” means any one of the seven days in a week; (“jour civil”)

“Master Business Licence” means a confirmation of a new registration of a name under the Act, provided by the Ministry where the application for registration was submitted electronically using the Integrated Business Services Application on the internet website maintained by the Ministry. (“permis principal d’entreprise”) O. Reg. 18/07, s. 1.

Holiday

2. (1) This section sets out the meaning of “holiday” for the purposes of this Regulation. O. Reg. 18/07, s. 2 (1).

(2) The following days are holidays:

1. New Year’s Day.

2. Good Friday.

3. Easter Monday.

4. Victoria Day.

5. Canada Day.

6. Civic Holiday.

7. Labour Day.

8. Thanksgiving Day.

9. Remembrance Day.

10. Christmas Day.

11. Boxing Day.

12. Any special holiday proclaimed by the Governor General or Lieutenant Governor. O. Reg. 18/07, s. 2 (2).

(3) If New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday. O. Reg. 18/07, s. 2 (3).

(4) If Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday are holidays. O. Reg. 18/07, s. 2 (4).

(5) If Christmas Day falls on a Friday, the following Monday is a holiday. O. Reg. 18/07, s. 2 (5).

Deemed receipt

3. For the purposes of this Regulation, an application received by the Ministry on a Saturday, Sunday, holiday or after 8 p.m. on a business day shall be deemed to have been received on the next business day. O. Reg. 18/07, s. 3.

Fee refund

4. (1) Subject to subsections (2) and (3), the fee paid in respect of an application shall be refunded to the applicant if,

(a) within two business days after the day the Ministry receives the application, a Master Business Licence is not sent by the Ministry by e-mail to the e-mail address provided by the applicant; and

(b) all of the additional conditions set out in section 5 are met. O. Reg. 18/07, s. 4 (1).

(2) No fee is refundable under subsection (1) if any of the following circumstances impaired the Ministry’s ability to electronically produce the Master Business Licence, or to send it by e-mail to the e-mail address provided by the applicant, within the time period specified in clause (1) (a):

1. Lack of power supply.

2. Major failure in a technological system.

3. Labour disruption.

4. Natural disaster.

5. Any other factor beyond the reasonable control of the Government of Ontario. O. Reg. 18/07, s. 4 (2).

(3) If, within the time period specified in clause (1) (a), the Ministry sent the Master Business Licence by e-mail to the e-mail address provided by the applicant, no fee is refundable under subsection (1) regardless of whether or when the applicant actually received the Master Business Licence by e-mail. O. Reg. 18/07, s. 4 (3).

(4) Nothing in this section affects the authority of the Registrar to cancel a registration at any time in accordance with the Act, and this section does not apply if a registration has been cancelled. O. Reg. 18/07, s. 4 (4).

Additional conditions for refund

5. The following are the additional conditions referred to in clause 4 (1) (b):

1. The application was submitted electronically using the Integrated Business Services Application on the internet website maintained by the Ministry.

2. In the application, the applicant provided a valid e-mail address for the purpose of receiving an electronic copy of the Master Business Licence by e-mail.

3. The application appears to meet the requirements set out in the Act and the regulations.

4. The required fee was paid to the Ministry when the application was submitted.

5. The name the applicant applied to register appears to comply with the Act and the regulations.

6. No earlier than three business days, and no later than 30 calendar days, after the day the Ministry received the application, the applicant requested a refund of the fee paid in respect of the application by submitting a refund request electronically on the internet website maintained by the Ministry.

7. The refund request is complete and accurate. O. Reg. 18/07, s. 5.

Response to refund request

6. (1) On receiving a refund request submitted in accordance with paragraph 6 of section 5, the Ministry shall, within a reasonable period of time, determine whether the applicant meets all of the conditions for the refund, as set out in sections 4 and 5, and,

(a) if the applicant meets those conditions, make the refund to the applicant; or

(b) if the applicant does not meet those conditions, notify the applicant that the applicant does not meet the conditions for the refund. O. Reg. 18/07, s. 6 (1).

(2) The determination made under subsection (1) is final and binding. O. Reg. 18/07, s. 6 (2).

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