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Learn about Consumer Protection BC, an independent non-profit overseeing business transactions in BC since 2004. From legislation to enforcement, see how they promote fair practices and handle consumer complaints effectively.
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History • Prior to 2004, Consumer Services Division of BC Government. • Govt. explored industry self management and other models of regulatory process. • BC Govt. created single independent entity to regulate specific business transactions and investigate complaints from consumers.
Established in 2004 as the Business Practices and Consumer Protection Authority. • Independent from government • Not-for-profit corporation working on cost recovery model • Rebranded to Consumer Protection BC in 2009 Background
Mandate BPCPA Mandate • Enforce consumer protection laws and provide regulatory services in BC. • Promote fairness & understanding in the marketplace – a balanced approach. • Administer legislation in the public interest
Consumer Protection BC Governance • Board of Directors • - Currently 5 members • - may be as many as 9 members • 1 Minister’s (Govt.) appointment to board • Board of Directors is self appointing • CEO – Mr. Scott McBride
Legislation Administered • Business Practices & Consumer Protection Authority Act • Motion Picture Act • Business Practices & Consumer Protection Act • Cremation, Interment & Funeral Services Act
Regulations • Administrative Penalties Regulation • Cremation, Interment and Funeral Services Regulation • Prepaid Purchase Cards Regulation • Telemarketer Licensing Regulation • Travel Industry Regulation • Business Practices and Consumer Protection Regulation • Consumer Contracts Regulation • Debt Collection Industry Regulation • Disclosure of the Cost of Consumer Credit Regulation • Fee Setting Criteria Regulation • Home Inspector Licensing Regulation • Payday Loans Regulation
What do we do? • Licensing • Compliance • Enforcement • Inquiries and complaints • Education and awareness • Fund Administration • Recommendations to government on changes to legislation
Licensed Businesses • Crematoria • Travel agents • Travel wholesalers • Telemarketing companies, including third party fundraisers • Theatres • Motion picture distributors • Video distributors • Video retailers • Debt collection agencies • Debt collectors • Bailiffs • Debt poolers • Funeral homes • Funeral directors and apprentices • Embalmers and apprentices • Cemeteries • Home Inspectors • Payday Lending
Licensing • Issue licences for specific industries.-Tracks compliance with licensing requirements • May suspend, cancel or place conditions on a licence.-May impose Administrative Penalties for non-compliance • Publish licensing actions -Licensing Action Search • May review businesses’ practices or operational models prior to licensing
Compliance • The Authority has the mandate to administer and enforce consumer protection laws in BC. • 5 Compliance and 3 enforcement Inspectors responsible for risk based inspections and complaint investigations. • 463+ inspections in 2011 YTD. • Inspection powers allow for inquiry into licensed and non-licensed businesses. • Progressive enforcement model for compliance. • Risk based inspections conducted as a pro-active measure to encourage compliance.
Enforcement • Some Enforcement Inspectors have peace officer status as Special Provincial Constables under the Police Act. • Dedicated to investigation of specific consumer complaints related regulated and non-regulated businesses. • The Authority has established working relationships with local and international law enforcement and regulatory agencies. • MOU’s and specific authority allows for sharing of information with other law enforcement agencies.
Enforcement Actions • Warning letters • Voluntary compliance / undertakings • Compliance orders • Administrative penalties • Direct sales prohibition orders • Property freezing orders • Court action • Restitution
Other Services • The Authority has entered into administrative agreements with: • Government of Saskatchewan (MPA) • Ministry of Transportation & Infrastructure • Ministry of Public Safety & Solicitor General • Outside agencies and Authorities
Inquiry Center • 4 Full Time Staff • 14,297contacts in 2010 • Central Referral Hub to other agencies and consumer resources.
General Statistics 2010 • 10,728 licenses issued • 233 inspections conducted • 817 Investigations closed • 14,297 calls taken at inquiry (95% answered live)
2011 YTD Statistics “Debt” • 353 Active ‘Debt Industry” licensees • 9 Risk based inspections • 44 Complaint files opened • 85 Inquiry contacts about bailiffs • 87 Inquiry contacts about debt pooling • 238 Inquiry contacts about credit reporting • 2406 Inquiry contacts about debt collection
Questions? Toll Free: 1-888-564-9963 www.consumerprotectionbc.ca Consumer Protection BC Debt Portal