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Presentation to The Canadian Association of Movers on the role and functions of the Marketplace Standards & Services Branch in Ontario. This includes consumer protection, registration and licensing, compliance inspections, and investigations. Learn about the current laws in place and how to shop smart when choosing a moving company.
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Corporate Vision “To bea responsive, innovative, world leader in customer service and consumer protection by delivering quality products for a safe, fair, dynamic, and informed Ontario marketplace” Presentation to : The Canadian Association of Movers Chris Ferguson, Director, MSSB November 23, 2004
Marketplace Standards and Services Branch Our Mission is: “To protect, inform and empower Ontario’s consumers while promoting a positive business environment in the province.”
Four Key Functions Directly administer 20 statutes including: Arthur Wishart Act (Franchises) Athletics Control Act Bailiffs Act Business Practices Act* Cemeteries Act (Revised) Collection Agencies Act Condominium Act Consumer Protection Act* Consumer Protection Bureau Act* Consumer Reporting Act Discriminatory Business Practices Act Loan Brokers Act* Motor Vehicle Repair Act* Paperback and Periodical Distributors Prepaid Services Act* Theatres Act *to be replaced by the Consumer Protection Act, 2002. Consumer Services Bureau Registration and Licensing Compliance Inspections Investigations
- Regulates operation of 5,000+ cemeteries - Monitors more than $300m in trust accounts Registration & Licensing Cemeteries Theatres • - Licenses theatres, distributors, retailers • - Supports Ontario Film Review Board
Licenses pro boxers, kick-boxers, wrestlers and officials re: safety. Credit Reporting Regulates consumer credit bureau re: access, accuracy of credit reports Registration & Licensing (ctd) Debt Collection Athletics • - Licenses 3,900+ collection agencies and collectors • -Cross-Canada harmonization efforts
Compliance Inspections & Investigations • 1,686 compliance inspections in 2003 + numerous education visits. • 242 investigations completed, 330 charges. • $615,801 in consumer restitution and fines. • Violators got total 8 months of jail time and 379 months of probation • MSSB has received various awards such as the Amethyst, Institute of Public Administration Canada Award (IPAC), and US Consumer Agency Achievement Awards for successful enforcement initiatives.
Consumer Services Bureau • - Consumer Services Bureau staff handle more than70,000 consumer complaints and inquiries per year. • - Provide advice, mediation and consumer education (Fraud-free calendar, high school education modules, public outreach to high schools, community organizations,etc.)
Top Ten Complaints – 2004 to date 1. Collection Agencies 4,514 2. Home Renovations2,307 3. CarRepairs 1,593 4. Motor Vehicle Purchases 1,586 5. Personal Items 1,165 6. Home Furnishings 1,208 7. Credit Reporting 1,087 8. Health/Fitness Memberships 912 9. Timeshare/Vacation Clubs 730 10. Computers 524
Top 5 Consumer Issues Holding goods hostage/renegotiate price Disputes re: overcharges & billing Quality of service Reputation of company Lost/damaged goods
Current Law in Ontario • - Business Practices Act (misrepresentation, failure to state a material fact, unfair business practice) • Consumer Protection Act (Executory contracts, Direct Sales Contracts)
New Law: CPA 2002 • Final cost to within 10% of written estimate • Prohibition against using a consumer’s goods to force the renegotiation of the terms of a contract • Warranty of reasonably acceptable quality • Conviction for an offence can lead to a maximum fine of $50K for individuals and/or a term of imprisonment of not more than 2 years; a corporation can be fined $250K
Shop Smart Tips • Don’t arbitrarily choose the cheapest company in the telephone directory • Ask relatives/friends for recommendations • Call at least 3 moving companies to set up estimate appointments • Book early if possible to avoid making choices under pressure • Ask for references and check them • Ensure verbal representations/promises are written into the final contract before signing • Ask the mover if they offer liability coverage.
CAM’s Excellent Initiatives • Code of Ethics • Certified Canadian Mover Program • Online Membership Directory • Tips for Consumers • Good Practice Guidelines for Canadian Movers • Consumer Checklist for Choosing a Moving Company
How to Reach us • Consumer Services Bureau • 1-800-889-9768 • (416) 326-8800 • www.cbs.gov.on.ca • www.e-laws.gov.on.ca