The Office de la protection du consommateur is responsible for the application of 5 laws:
- Consumer Protection Act;
- Act respecting the collection of certain debts;
- Travel Agents Act;
- Act respecting funeral services and sepultures;
- Act respecting remittance of deposits of money to account co-holders who are spouses or former spouses.
The Office is also responsible for the application of regulations and orders in council arising out of these laws.
Consumer Protection Act
- regulates contracts entered into by consumers and merchants;
- makes provisions for basic and legal guarantees on all goods and services;
- makes provisions for specific protection related to certain types of contracts (credit, itinerant merchants, sales at a distance, automobile sales and repairs, long-term leases, rewards program, debt settlement, etc.);
- determines the fields of commercial activity in which the issuance of a permit is required;
- oversees advertising intended for children under the age of 13 years;
- prohibits merchants to engage in deceptive practices.
Regulation and orders in council arising out of the Consumer Protection Act
The Office is responsible for enforcing the following regulation and orders in council:
Act respecting the collection of certain debts
The Act respecting the collection of certain debts:
- establishes the rules of conduct for any person who claims the payment of a debt;
- requires a person who collects a debt to hold a permit and provide security;
- requires a collection agent representative to hold a certificate.
Regulation respecting the application of the Act respecting the collection of certain debts
The Office is responsible for the application of the Regulation respecting the application of the Act respecting the collection of certain debts.
Travel Agents Act
The Travel Agents Act requires travel agents to:
- hold a permit which is issued if the applicant respects certain criteria;
- provide security that is proportional to their volume of business.
Regulation respecting travel agents
The Office is responsible for the enforcement of the Regulation respecting travel agents.
Act respecting arrangements for funeral services and sepultures
The Act respecting arrangements for funeral services and sepultures:
- governs contracts for funeral services and sepultures entered into before or after a person's death;
- protects the amounts paid by the persons buying prearranged funeral services and sepultures ("prearrangements");
- requires merchants who enter into a prearranged contract to:
- deposit in trust 90 % of the cost of goods and services that will be provided at the time of death;
- adjust the amounts deposited in trust based on the changes in the cost of living (inflation).
Regulations and order in council arising out of the Act respecting arrangements for funeral services and sepultures
The Office is responsible for the application of the following regulations and order in council:
- Regulation respecting the application of the Act respecting arrangements for funeral services and sepultures;
- Regulation respecting the register of prearranged funeral services contracts and prepurchased sepulture contracts;
- Order in Council respecting the adoption of rules of conduct concerning the sale of prearranged funeral services and sepultures by itinerant merchants.
Act respecting remittance of deposits of money to account co-holders who are spouses or former spouses
- provides for the possibility of co-holders of a demand deposit account (e.g., a chequing or savings account) who are spouses or former spouses to declare and amend their respective share of the account balance at any time in the event of the death of either account holder;
- compels financial institutions to remit, upon written request, to the surviving co-holder and the liquidator of the succession of the deceased co-holder, their share of the account balance. This share is 50% of the account balance, unless a written statement specifies a different distribution.
