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How do I complain to the Ministry of Government and Consumer Services?
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How do I complain to the Ministry of Government and Consumer Services?
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Debt and Consumer Rights - Buying goods and services
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Ministry of Government and Consumer Services
Consumer Measures Committee
Ministry of Government and Consumer Services
Ministry of Government and Consumer Services
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How do I complain to the Ministry of Government and Consumer Services?
Reviewed:
September 8, 2020
Answer
You can complain to the Ministry of Government and Consumer Services if any of the following kinds companies have not followed the rules:
- door-to-door seller
- consumer reporting agency
- credit repair company
- debt settlement company
- payday loan company
- collection agency
The Ministry will look into your complaint and decide if it should investigate. If the Ministry thinks that the company broke the law, it might try to get them to agree to a solution. Or, it might bring charges against them.
If the Ministry is not able to help you, you might want to sue the company in small claims court.
Energy contracts
Energy retailers are companies that offer contracts for electricity or natural gas. Door-to-door energy retailers must follow different rules.
For information about these rules and what you can do if you have problems with energy retailers, visit the Ontario Energy Board website or call 1-877-632-2727.
Learn what rules the companies have to follow
Each type of company has rules that they must follow. For each type of company, the rules are a little bit different. However, if any of them break the rules, you can complain to the Ministry of Government and Consumer Services.
There may be other rules than the ones listed here. If you don’t see a rule that covers your situation, it is a good idea to talk to a lawyer or other legal professional.
Some companies that are covered by Ontario rules include:
- Door-to-door sellers
- Credit repair companies
- Debt settlement companies
- Payday loan companies
- Non-profit credit counsellors
- Collection agencies
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Reviewed:
September 2020
Write a complaint letter
Before complaining to the Ministry of Government and Consumer Services, you should write a complaint letter. You may be able to solve the issue this way.
There are sample cancellation letters on the Ministry of Government and Consumer Services website. Your complaint letter should include:
- your name and address
- the date
- the name and address of the company
- the date of your contract
- other important details
- what you want them to do
Clearly tell the company what you want them to do to resolve the problem. For example, ask for your money back. Be sure to include:
- your contact information
- the date when you want to hear from them (3 weeks is reasonable)
- copies (keep the originals) of receipts, invoices, contracts, or other important documents
Make sure you sign and date your letter. Keep a copy. Send the letter by registered mail so that you have proof that the company got your letter. You can also email or fax the letter.
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Ministry of Government and Consumer Services
Consumer Protection Ontario
Reviewed:
September 2020
File a complaint with the Ministry
If the letter to the company does not fix your problem, you can file a complaint with the Ministry of Government and Consumer Services.
The Ministry has a complaint form that you can fill out and email. You can also print and mail or fax it to the Ministry at this address:
Ministry of Government and Consumer Services
Consumer Services Operations Division
77 Wellesley Street West
PO Box 450
Toronto, ON M7A 2J6
Email: consumer@ontario.ca
Fax: 416-326-8665
You have to include information about:
- whether you sent a complaint letter to the company (if you did, attach a copy)
- whether you have documents that prove your claim, like receipts, invoices, contracts, or other important documents
- your complaint
- details about the company
- what you want the company to do
- your contact information
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Reviewed:
September 2020
Get a response from the Ministry
The Ministry may:
- investigate your complaint
- help you and the company fix the problem through mediation
- take the company to court
- suggest that you sue the company in small claims court
If the Ministry does not think that you have a valid complaint and the company has not broken any laws, they may not help you.
If the company broke the law but you are asking them to refund less than $500, the Ministry might suggest you sue the company in small claims court. They will help you understand what you need to do in court.
If you are asking for a refund that is $500 or more, or there are many complaints about a company, the Ministry may investigate or try to mediate the dispute.
Mediation is where you and the company sit down to try to find a solution to your complaint. A trained mediator is a neutral person who does not take sides and does not make a decision. They will try to help you reach an agreement.
The Ministry may start an investigation if mediation is not successful. The Ministry can order the seller to follow the rules or add the seller to the Consumer Beware list.
In some cases, the Ministry can take the seller to court for not following the Consumer Protection Act. If the seller is found guilty, they can get a warning, a fine, or even be sent to jail, and they may be ordered to pay some money to you.
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Reviewed:
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Go to Small Claims Court
If the Ministry is not able to help you, you might want to sue the company in Small Claims Court. If you are asking for $35,000 or less, you can file a claim in Small Claims Court. You must file your claim within 2 years of when you first learned about the problem.
If you want to sue for more than $35,000, you have to do this in Superior Court. It's very hard to do this without a lawyer. If you want to sue in Superior Court, you should try to get legal help. If you still want to sue in Small Claims Court, you can waive the amount that is over $35,000. For example, if you are owed $40,000, you can waive your right to $5,000 and sue in Small Claims Court for $35,000.
The Ministry of the Attorney General website has a self-help guide for Small Claims Court.
In Small Claims Court, you have a chance to tell your story to a judge and present your evidence. The company will also have a chance to tell their story.
You do not need a lawyer to represent you in Small Claims Court. But, talking to a lawyer or paralegal can help you understand the court process. If you have a low income, you might be able to get help from Pro Bono Ontario.
But, there are some reasons why you might not want to sue in court, including:
- you have to pay court fees
- if you lose, the court could order you to pay some of the company’s legal costs
- it's complicated and a lot of work for you, especially if you don’t have a lawyer
- it can take a year or more
- if you win but the company doesn't pay, you have to try to collect the money on your own
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Ontario Ministry of the Attorney General
Reviewed:
September 2020