Quebec Agent Groups in Tiff Over Proposed New Regs

Quebec travel agents face tougher provincial regulations as the Office of Consumer Protection (OPC) is promulgating requirements that agents obtain certification as travel counselors. This is just one of the rules that Quebec’s justice minister, Kathleen Weil, states will better protect travelers in the event the companies providing their travel services go under. The rules touched off a tiff between the Canadian agency trade groups ACTA and ARTA Canada, which said that the Quebec government jumped the gun when it held a press conference presenting the new rules as a fait accompli.

The press conference was attended by ACTA-Quebec president Robert Turcotte, who endorsed the certification requirement as one that will ensure more professional travel counselors, which he sees as the consumer’s best protection.

However, ARTA Canada protested via press release and its Web site, saying that the Quebec OPC’s proposed new rules are draft regulations only, and a public comment period is open until May 23.

“It was completely inappropriate for the Québec Government to hold such an event during an open comment period, and the characterizations made, including postings on the OPC Web site, led people to believe that the new regulations had already been approved,” stated ARTA Canada President Bruce Bishins, who called for Quebec agents to post comments on the ARTA-Canada Web site.

According to ARTA, some of the comments denounced the intent to certify individual travel agents and implement work rules that have nothing to do with consumer protection, and many of the comments denounced proposed increased regulatory fees, cost barriers to enter the profession and burdensome financial conditions.

ACTA president, David McCaig, told Travel Market Report in an e-mail that ACTA is and has been working closely and very well with Quebec’s OPC on the changes to the Quebec Travel Agents Act. “It is very common and accepted practice, as anyone who knows government will understand, that draft legislation is produced during periods of public comment. Often this draft legislation or regulations includes proposals that have been made by the public and/or industry during earlier parts of the commenting period. And, often, these drafts are very valuable in that they give us more information on which to comment until everything is finalized.”

McCaig added that ACTA is holding events to get comments on the proposals from members. “We fully expect that government will continue to listen and to make changes to accommodate many of the things ACTA members suggest.  We are working well in a spirit of co-operation, not confrontation, and we are succeeding extraordinarily well on behalf of our members.”

The main proposed amendments and modifications to Québec’s “Travel Agents Act,” ARTA Canada stated, include:

• Creation of two new classes of licenses, namely, the general license for travel agents and the restricted license for adventure travel organizers, outfitters and regional tourist associations;
• Conditions for issuing and renewing a travel counselor certificate, including registration fees and examinations;
• Requirements for opening a travel agency in a home;
• Restrictions for travel agents working for more than one travel agency;
• Limitations on the distance between a travel counselor’s home and the travel agency location.

The new regulations, which go into effect June 30, will cover travelers who purchase their trips through an accredited travel agency.

Among the consumer provisions: The $3,000 ceiling on the indemnity to compensate travelers for services not provided has been lifted so that they can be reimbursed for the total amount of money lost, Weil said at the press conference.

Clients seeking compensation will have three years to seek a refund.

Travel agents will be able to charge an additional 7% fee to compensate for an increase in fuel prices or a drop in the value of the Canadian dollar.