La loi vos droits

Consumers

Office de la protection du consommateur (Consumer Protection Bureau)

The Office de la protection du consommateur (OPC) is a government body whose mission is to protect consumer rights. Its duties include processing consumer complaints, educating and informing consumers, and issuing permits to merchants.

In this Infosheet, Éducaloi explains how the OPC can help you resolve conflicts with merchants and avoid such problems in the future.

What is l’Office de la protection du consommateur (OPC)?

L’Office de la protection du consommateur is a government body responsible for helping consumers resolve problems with merchants. The OPC’s mission is to advocate for the recognition and respect of the rights of consumers. The OPC aims to minimize consumer-related disputes by keeping the public informed of their rights as consumers.

The OPC guides the public in the application of the Consumer Protection Act and related laws. In so doing, the OPC seeks to ensure more equality between consumers and merchants, where there may otherwise be an imbalance of power; merchants often have greater financial and juridical resources than consumers.

The OPC also contributes to healthy competition between merchants, by fostering improvements in product and service quality. The OPC works to prevent and resolve disputes using means that cost less for the public.

How can the OPC help me if I have a problem with a merchant?

First of all, the OPC offers a telephone help line. You can call its offices to obtain information or advice about consumer issues. On weekdays, consumer protection agents can answer consumers’ questions. They can also refer you to other organizations if necessary. They advise, warn and inform consumers, clarifying ambiguous situations by explaining legal provisions that are under the responsibility of the OPC.

The OPC is also in charge of taking and dealing with complaints from consumers. Still, the OPC is not a court. It cannot impose upon a merchant any solution to a problem encountered by a consumer.

How can I file a complaint with the OPC?

To file a complaint, you can begin by calling an OPC information agent. The agent will tell you how to obtain and complete a complaint form. You must complete a copy of this form and send it to the merchant against whom you are filing a complaint.

Note: one-third (1/3) of all consumer-merchant disagreements are resolved once the merchant receives a complaint form from the OPC!

For the two-thirds (2/3) of complaints that are not immediately resolved, the OPC offers a mediation service. The goal of mediation is to seek an agreement with the merchant so that both parties can avoid going to court. A consumer protection agent has the role of reconciling the points of view of the consumer and merchant. Using the complaint form and the mediation service, three out of four people are paid an indemnity by their merchant.

A consumer can also sue a merchant in court, if mediation fails. Then it will be up to the court to find a solution to the problem. Possible solutions include: measures to ensure that the contract with the merchant is fulfilled, terminating or annulling a contract, or imposing damages. To learn more about these subjects, you can consult Côtécour.

In what other ways does the OPC help consumers?

Other than providing information and assistance to consumers, the OPC is responsible for issuing permits to merchants.

According to the Consumer Protection Act, some merchants need special permits to conduct their business, e.g.: itinerant merchants (door-to-door salespeople). If you are deciding whether to buy a merchant’s goods or services, you can call the OPC to check whether the merchant has the appropriate permit. Bear in mind, however, that permits from the OPC are not a guarantee of the quality of the merchant’s product or service. A permit simply means that the merchant has paid a security deposit to the OPC. This deposit may be used to compensate consumers who feel that the merchant has wronged them.

On behalf of the government, the OPC is responsible for upholding consumer-related laws. OPC lawyers are responsible for prosecuting merchants who break the law. For example, when a merchant violates the Consumer Protection Act, the OPC can prosecute him and the court could force him to pay a fine.

As much as possible, though, the OPC seeks friendly resolutions to conflicts. The OPC’s role is not to “police” merchants but to do all it can to help consumers resolve their problems. The OPC seeks to encourage consumer autonomy primarily by sensitizing and informing consumers about consumer-related issues.

You can consult the profile of the merchant with whom you intend to contract, by visiting the OPC’s web site  (http://www.opc.gouv.qc.ca/e_HotLine/map_Site.asp). This profile will show you any complaints previously received against the merchant, or any past fines issued, etc.

What kind of permits can the OPC issue?

The Office delivers the following permits:

• Travel agent permit;
  
• Itinerant merchant (door-to-door salesperson) permit;
  
• Moneylender permit;
  
• Collection officer permit;
  
• Fitness Centre Operator permit;
  
• Extended warranty contract salesperson permit (for automobiles or motorcycles).

Warning! The permit is not a guarantee of the quality of the goods or services offered by the merchant. It just signifies that the merchant paid a sum of money to the OPC that acts as a form of security deposit which can be used to compensate consumers who feel the merchant wronged them.

Useful Links :

1. Office de la protection du consommateur website  [http://www.opc.gouv.qc.ca]