Moving can be a stressful time, especially if you’re unsure how to protect your rights. Moving company laws in Canada can be complex and vary by province, making it crucial to stay informed. In this article, we’ll provide you with up-to-date information on the regulations governing moving services in Canada for 2024. Learn about your rights and responsibilities when hiring and working with a moving company to ensure a smooth and hassle-free move.
Who regulates Canadian moving companies?
Lack of a Unified Regulatory Body
One major reason for the proliferation of shady or unreliable moving companies is the lack of a single, government-run body that regulates and accredits these businesses. Unlike other home services, moving companies in Canada do not have a unified regulatory authority. As a result, almost anyone with a truck can claim to be a moving company and start advertising their services. Consequently, the number of moving companies has surged in the past decade. Without a regulatory body to ensure customer protection from the business end, homeowners dealing with furniture movers are protected under their provincial consumer rights.
Recent Regulatory Developments
In recent years, the Canadian Office of Consumer Affairs has started to outline some regulations for how moving companies should operate. With input from moving industry professionals, consumer group representatives, and government officials, the Office has released two key guidelines for both businesses and consumers regarding best practices in the industry:
- Good Practice Guidelines for Reputable Movers: The Office of Consumer Affairs, Industry Canada, has developed guidelines to promote good practices among reputable movers.
- Consumer Checklist: The Office has also created a user-friendly checklist with tips and guides to assist you throughout your move.
Utilizing Guidelines and Checklists
When obtaining moving quotes, referring to these two documents can provide valuable insights into what to expect from the moving process and the standards for hiring a company. Although these documents are not official laws, many of the points outlined in the guidelines and checklist are considered essential for reputable moving companies. Let’s explore some of these points and other factors to consider when getting quotes.
Getting a Moving Quote: What You Should Know When Picking Companies
Check Provincial Consumer Protection Laws
- Always be sure to understand your protection under your province’s consumer laws. For example, Consumer Protection Ontario offers a dedicated website for selecting a trusted moving company.
Verify Company Standing
- Check if the company has good standing with the Better Business Bureau (BBB) and Homestars.
- While most businesses may have some negative reviews, focus on how the moving company handled customer complaints and which aspects of their service received the most frequent complaints.
Insurance and Liability
- Find out the name and policy number of the insurance provider for the moving company. This ensures the business is legitimate and has insurance.
- Inquire if the company offers Replacement Value Protection for damages or lost items. Understand the costs and the extent of the company’s liability.
Cooling-Off Period
- Depending on whether you agreed to your contract in person, over the phone, or online, there is a period during which you can cancel the contract without explanation.
- Typically, you can cancel a moving contract within 7-10 days of signing. If your move is within this period, you can still cancel, though the mover might request reimbursement for any services already provided.
Written Estimates
- A moving company must provide a written estimate, either printed or emailed. This should include:
- The number of boxes to be moved
- Size and value of the items
- Additional flat costs or costs per hour
- Terms of payment
- Pick-up and delivery times
Shipping Weight
- A mover must use a certified scale to determine the weight of your shipment. If the weight exceeds the estimate by 10%, the mover can perform a re-weigh of the shipment.
- A reputable mover will communicate with you throughout this process.
Losses and Damages
- A mover must acknowledge, in writing, receipt of your claim within 30 days and attempt to resolve the matter within 120 days of receiving your claim.
- Submit any claims for lost or damaged items within 30 days for local moves and 60 days after delivery for long-distance moves.
Can a Mover Hold My Stuff for Extra Payment?
A common issue homeowners face with moving companies is that, after agreeing on a quote and signing a contract, the company may load the belongings but then refuse to unload or release them unless extra payment is made. This situation often arises when the company claims that “extra charges” have been incurred, leaving the customer in a difficult position.
Legal Limits on Extra Charges
In most provinces, a mover legally cannot hold your belongings for additional payment. If extra charges arise, the company can generally only charge up to an additional 10% of the initially agreed price. Here’s a breakdown of key points regarding additional charges:
| Aspect | Details |
|---|---|
| Legal Limit on Extra Charges | Typically up to 10% of the initial quote |
| Justification Required | The mover must justify any increase, such as for additional services or equipment |
| Determination of Weight | The weight should be determined before the move and not change after it has started |
Key Considerations
- Justification of Charges: Movers must be able to justify any sudden increase in charges. This might include additional services or equipment needed during the move.
- Weight Determination: The weight of the shipment should be determined before the move. It should not be re-evaluated or priced differently once the move has begun.
How to File a Complaint Against a Moving Company in Canada
1. Negotiate Directly with the Moving Company
- Initial Step: Always start by attempting to resolve the issue directly with the moving company. Clear communication can often lead to a satisfactory resolution without needing further action.
2. File a Complaint with the Better Business Bureau (BBB)
- When to Consider: If you’re unable to resolve the issue directly or are dissatisfied with the company’s resolution, you can file a complaint with the BBB.
- Purpose: The BBB can mediate disputes between consumers and businesses, providing a platform to address and resolve complaints.
3. Contact Your Provincial Consumer Protection Office
- When to Involve: If filing a BBB complaint does not resolve the issue, or if you prefer a more formal approach, you can contact your provincial consumer protection office.
- Role: These offices are increasingly taking complaints against moving companies more seriously, particularly as they work to address and eliminate unreliable and unprofessional companies.
Additional Notes
- Increasing Scrutiny: Given the high number of complaints against moving companies in Canada, provincial consumer protection offices are intensifying their efforts to address issues and protect consumers.
Can You Sue a Canadian Moving Company?
When to Consider Legal Action
- Last Resort: Suing should be considered only if all other attempts to resolve the issue have failed. If the company is unresponsive or refuses to comply with your demands, legal action may be necessary.
- Small Claims Court: You can take the company to small claims court to sue for damages totaling $25,000 or less. This can include property damage, personal injury, or breach of contract.
Important Considerations
- Cost and Time: Be aware that the legal process can be time-consuming and costly. Often, it may end up being more expensive and time-consuming than the original move.
- Resolution Effort: Ensure that you have exhausted all other avenues for resolution before resorting to legal action.
Preparing for Legal Action
- Follow Guidelines: Use the guidelines established by The Office of Consumer Affairs to support your case.
- Obtain Multiple Quotes: Always get at least 3-4 moving quotes to understand what to expect from trustworthy companies. This helps in selecting a qualified moving company and avoiding unfavorable ones.
- Assess Services: Ensure that the services provided by the moving company match your needs before committing. By the time a representative visits your home, you should be confident that the company is reputable and reliable.
