Laws and Regulations Applicable to the Travel Industry - Institut de ...

Consultation
The Office de la protection du consommateur does not act on its own
but in collaboration with consumer groups, retail associations, Québec
governmental departments and agencies, and partners from all sectors.
Various associations, including the Association of Canadian Travel Agents
(ACTA Québec), the Association of Retail Travel Agents (ARTA Canada)
and the Association des tours opérateurs du Québec (ATOQ), work with
the OPC by sharing information and consulting regularly to ensure compliance
with its mission. The OPC also maintains contacts with authorities
in Ontario and British Columbia in order to harmonize legislation regarding
travel agents.
Did you know that…
“The Small Claims Division of
the Court of Québec hears cases
in which the amount of money in
dispute does not exceed $7,000.
This court also handles cases
involving the cancellation or
termination of a contract when
the value of the contract does
not go beyond $7,000. It is a
court at which people represent
themselves, without an attorney.”
Indemnification and conciliation
One of the OPC mandates is to seek a settlement between a merchant and
consumer upon receiving a complaint. The OPC also manages the various
financial protection schemes, such as the individual security, FICAV
(Compensation Fund for Customers of travel Agents), and oversees consumer
compensation. These protection procedures will be presented to
you in detail in Topic 2, Administer Funds.
1.2.2 What are the laws under
its jurisdiction?
Among the laws that concern you more specifically, two are under the
jurisdiction of the Office de la protection du consommateur:
• the Consumer Protection Act (R.S.Q., chapter P-40.1);
• the Travel Agents Act (R.S.Q., chapter A-10).
The Consumer Protection Act “is intended to protect Quebecers in numerous
areas where they function as consumer. It establishes a fundamental
guarantee for all goods and services offered to consumers. It governs all
contracts between consumers and merchants and establishes specific
procedures for such situations as contracts signed with itinerant merchants
(at tourist fairs, for example), credit contracts (such as the deferred
payment of a travel package) and distance contracts (in e-commerce, for
example). (…) This law identifies the categories of companies whose operation
requires a licence. It prohibits merchants, manufacturers and advertisers
from engaging in certain practices that could mislead consumers. In
some circumstances, it requires merchants to deposit funds they collect
from consumers in trust accounts. Finally, in addition to providing for
penal action in cases when the law is not complied with, it specifies the
remedies available to consumers when merchants, manufacturers or
advertisers contravene the law.” 1
1 Office de la protection du consommateur, Annual management report 2009-2010, Appendix 1 – Présentation
des lois, p. 65.
Topic 1 – Dealing with the Laws and the Authorities Concerned • Unauthorized reproduction prohibited 11