This Government Agency Protects Consumers But Doesn’t Play Judge

Since May 7, 2025, new rules about tipping are in effect in Quebec. However, some delivery apps use tactics to encourage you to leave a high tip, even though these practices are against the law. What can you do if you notice that rules aren’t being followed? And most importantly, what can the Office de la protection du consommateur (consumer protection office or OPC) do in these situations?  

The Consumer Protection Act now requires companies to calculate tips before taxes. Companies are no longer allowed to influence customers to tip a certain amount by using pre-set tip amounts or persuasive messages.  

Yet as of July 2025, some platforms didn’t follow these rules. For example, Uber Eats showed smiling emojis at checkout to encourage tipping. SkipTheDishes had a default tip amount, and Instacart added words like “generous” next to certain tipping percentages to influence customers’ choices.   

These techniques are against the law: platforms must only show tip amounts, without suggestions, comments or a default tip amount. The organization Option consommateurs filed a complaint with the OPC over these practices.  

The OPC provides information and leads investigations, but it doesn’t resolve disputes 

As the consumer protection “watchdog” in Quebec, the OPC has several roles: watching over business practices, informing people about their rights, and leading investigations when there are doubts about whether the law is being followed.   

The OPC can launch an investigation on its own or after receiving a complaint. If it finds that a company did not respect the law, it can:  

• Impose administrative penalties of up to $3,500 per day for a company.  
• Transfer the case to the Directeur des poursuites criminelles et pénales (director of criminal and penal prosecutions or DPCP, which can result in fines of up to $175,000 or 5% of the company’s global sales.  
• In some cases, help resolve a dispute between a company and a consumer after a complaint is filed.  

But keep in mind that the OPC is not a court. It cannot force a company to reimburse you. If you want to recover an amount or resolve a conflict, you’ll need to go through the courts.  

What do you do if a company doesn’t follow the law? 

That depends on what you’re trying to achieve. If you want the company to be penalized, you can file a complaint with the OPC. This can lead to an investigation and possibly sanctions against the company.  

If you’re seeking a refund or compensation, you’ll have to take further steps yourself:  

• You can start by contacting the company to try to come to an agreement.  
• If that doesn’t work, you can send a demand letter.  
• As a last resort, you can take legal action. For instance, you can file an application with the Small Claims Division of the Court of Québec if the amount you’re asking for is under $15,000.  

You can follow this process if you were charged a tip after taxes and wish to get that amount back, for example.  

Filing a complaint with the OPC can help trigger an investigation and protect all consumers. But if you want to assert your own rights, you need to take action yourself.