“a fair marketplace for bc consumers and businesses”

“A fair marketplace for BC consumers and businesses”

• 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.

History

Background

• 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

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

Mandate

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

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

Administrative Penalties Regulation

Cremation, Interment and Funeral Services Regulation

Prepaid Purchase Cards Regulation

Telemarketer Licensing Regulation Travel Industry Regulation

Regulations

What do we do?

• Licensing• Compliance• Enforcement• Inquiries and complaints• Education and awareness• Fund Administration• Recommendations to government on

changes to legislation

• Debt collection agencies• Debt collectors• Bailiffs• Debt poolers• Funeral homes• Funeral directors and

apprentices• Embalmers and

apprentices• Cemeteries• Home Inspectors• Payday Lending

• Crematoria• Travel agents• Travel wholesalers• Telemarketing companies,

including third party fundraisers• Theatres• Motion picture distributors• Video distributors• Video retailers

Licensed Businesses

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

• 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

Other Services

Inquiry Center

• 4 Full Time Staff

• 14,297contacts in 2010

• Central Referral Hub to other agencies and consumer resources.

• 10,728 licenses issued

• 233 inspections conducted

• 817 Investigations closed

• 14,297 calls taken at inquiry (95% answered live)

General Statistics 2010

• 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

2011 YTD Statistics “Debt”

Questions?Toll Free:

1-888-564-9963www.consumerprotectionbc.ca

Consumer Protection BC Debt Portal