Consumer Protection

The Ministry of Industry, Technology Energy and Commerce, through the Consumer Affairs Commission, continued to actively safeguard the rights of consumers under the Consumer Protection Act, while the Companies Office of Jamaica had its Company Rules gazetted.

Consumer Affairs Commission

            The Consumer Affairs Commission (CAC) in 2006 continued to fulfill its mandate to safeguard the rights of consumers. Some 76 per cent, or 646 of the more than 850 complaints to the CAC were resolved in 2006, with all but one, brought before the Commission's quasi-judicial tribunal, resolved in favour of consumers.

            State Minister, Senator Kern Spencer, informed that for the year-to-date, the Tribunal had seven sittings during which 16 cases were heard.

            “Since the enactment of the Consumer Protection Act in 2005, there has been, in all, 10 sittings, dealing with 21 cases, with all but one resolved in favour of consumers,” the State Minister noted.

            The CAC also played a significant role in facilitating the resolution of claims and complaints related to the release of substandard cement in the trade by Caribbean Cement Company Limited (CCCL).

            During the period April 1 to October 31, the CAC resolved some 38 of the 93 cement cases that were referred.  More than $24 million was secured on behalf of aggrieved customers. These secured funds were disbursed for cases relating to rebates, refunds, payments and compensation, with $15.4 million of the amount representing cement claims.

            In June, the CAC retained the services of an attorney, who worked with CCCL to deal with the complaints from consumers regarding faulty cement. These were satisfactorily resolved through mediation.

            This intervention by the CAC led to the amendment of inspection procedures to allow consumers to receive a duplicate of the assessment report before inspectors leave their premises. The complainant may now sign to attest to the conduct of an investigation on his premises and receive a copy of the investigator's report.

            Furthermore, a protocol is now in place for the use of independent assessors in the event that there is a dispute with regard to the amount offered for settlement.

Company Rules Gazetted

 The Company Rules of the Companies Office of Jamaica (CoJ) were gazetted in 2006, which means that they are now part of the legislation under which the CoJ operates.

 The Company Rules govern the standards for submitting and accepting documents for registration, as well as selecting company names and certifying overseas documents.

            Removal and Restoration Supervisor at the CoJ, Sharon Prendergast, pointed out that the practices contained in the Company Rules “existed before but have now been formally published as part of the law”.

            Mrs. Prendergast explained that the only significant change in the practices of the CoJ on the implementation of the rules, relates to the certification of overseas documents. “Previously under the old Companies Act, the information could have been certified by a notary public but with the rules now gazetted, we ask that for registration, the certification be done by an official of the body, which has custody of the original documents,” she outlined.