Office de la protection du consommateur (Consumer protection office)

The traveling merchant.

Definition of the term “itinerant merchant”:

A traveling merchant is someone who makes sales by moving from place to place. This may include selling products or services door-to-door, operating a kiosk on the street or in a mall. In all cases, it is necessary to obtain a permit from the Consumer Protection Office (Office de la protection du consommateur) to carry out this activity.

Obtain a consumer's (customer's) permission before coming to their home:

If you call a consumer to request authorization to go to his home, and following this call you make a sale to his home address, this is considered itinerant trade. In this case, you need to obtain a permit from the Consumer Protection Office to carry out this activity.

Go to a consumer (customer) at his request:

If a consumer invites you to his home to obtain information about your products or services, know that you are engaged in itinerant commerce if, once there, you make a sale or solicit the consumer with the aim of concluding a sale.

For example, if you offer carpet cleaning services, and a consumer invites you to their home to get a cost estimate, if once there you convince them to buy your services, this is considered itinerant trade. . In this case, you need to obtain a permit from the Consumer Protection Office (Office de la protection du consommateur) to carry out this activity.

Exceptions: Exceptions exist. When the consumer expressly asks you to come to his home because he is ready to conclude a transaction, this will not be considered itinerant commerce.

For example, if you are an appliance repairer and a consumer asks you to come to his home to repair his dishwasher, this will not be subject to the rules governing itinerant trade.

For professionals working in the residential renovation sector, it is important to note that there are particularities specific to this field which can affect the regulation of itinerant trade.

Residential renovation: an exception!

Residential renovation and itinerant trade.

The field of residential renovation has particularities, particularly with regard to the sale, installation and repair of the following elements in buildings:

• Doors and windows.
• Thermal insulation.
• Exterior coverings or coverings.

As soon as a sale is concluded at the consumer's, whether he or she asked you to come or you went there on your own, it is an itinerant trade.

Example: A consumer comes to your business (business address) to obtain information: he wants to change the windows in his basement. You give him the necessary information and leave him your business card.

A few days later, he contacts you to inform you that your products interest him and asks you to come to his house.

Once at home, the consumer signs a contract for the purchase and installation of new windows.

Normally, this wouldn't be considered itinerant trade, but since it's about home renovations involving the sale and installation of windows, it's itinerant trade.

Itinerant trader's license NOT required.

In some cases, however, a permit is not required.
Here are some examples:

Sales outlets where a permit is not required.
You do not need an itinerant merchant's permit if you solicit consumers for the purpose of concluding contracts or if you conclude contracts:

• At an agricultural or trade fair.
• In a public market.
• In an auction (an auction).
• Remotely (by mail, telephone or Internet).

Types of sales for which the permit is not required.
No NEB permit is required to:

• Only make sales under $100.
• Sell unfrozen food products.
• Sell insurance.

Prices

The fees to be paid for an application for an itinerant merchant's permit are established according to the number of company representatives.

The applicant must also provide a bond.
The permit is valid for 2 years.

Cost of a permit application.

The fees required when applying for an itinerant merchant's permit will gradually increase until 2025. In addition to better reflecting the true cost, this adjustment will further support the monitoring activities of the Office, for the benefit of merchants. who obey the law.

* These rights are indexed on July 1 of each year according to the consumer price index.

Amount of bond.

The amount of security to provide depends on the value of the contracts you enter into.

Bond to the Régie du bâtiment.

When the amount of your bond to the Office is $100,000 and you hold a general or specialized contractor's license, the amount of the bond provided to the Régie du bâtiment du Québec (RBQ) will be deducted from that to be provided to the Office.

For example, if the security for an itinerant merchant's permit at the Office is set at $100,000 and that at the RBQ is set at $20,000, you will in fact only have to provide $80,000 to the Office.