Feature Article 2

The Consumer Protection Act is one of many statutes passed by the Alberta provincial government formed to protect the rights and freedoms of consumers and is a strong priority for the government. It is a right that all Albertans are protected when making a purchase, regardless of its price and perceived significance. More specifically, it is the sentiment shared across the provincial government that no Albertan deserves to be a victim of unfair business practice, even when it comes down to a purchase of a chocolate bar from the local convenience store. In addition, business operators also deserve to be protected from having to go toe-to-toe with unethical competitors. As a result, the Consumer Protection Act was created in order to ensure a fair marketplace outlining key information for both consumers and business owners which regulate them. The Consumer Investigations Unit (CIU) of Service Alberta administers and enforces a variety of other consumer statutes such as the Residential Tenancies Act (RTA). The legislation is intended to promote a fair marketplace by establishing a minimum standard of conduct with respect to the market and sale of goods, services, and management of rental suites in Alberta. The CIU may conduct investigations when it appears that a breach of a statute has occurred and may take enforcement action up to and including fines or prosecution. With the ever-growing prominence of consumerism in today's society, fraudulent activity is an inevitability. Thus, the need for government regulation and intervention must promptly follow.  The province of Alberta recognizes the need to address to power businesses possess over consumers who require their goods and services, which spans far beyond monetary restitution. Rather than taking reactionary measures, the Government of Alberta passed the Consumer Protection Act to take a proactive and preventative approach to reducing financial crime victimization. This statute clearly outlines the offences a business will commit if they are to take specific actions which are deemed unlawful by the province.  If victims of consumer-related offences contact the CIU, the investigative process with commence and officers and investigators will identify which statute the offences are housed under. A majority of consumer-related offences are housed under the Consumer Protection Act, which is a regulatory document that the Consumer Investigations Unit is tasked to enforce. For example, section 104(1) of the Consumer Protection Act states "No person may engage in a designated business unless the person holds a license under this Act that authorizes the person to engage in that business", meaning the Consumer Investigations Unit has the ability to pursue any person who is reasonably found to have broken this law (Consumer Protection Act, 2000). Furthermore, the Consumer Investigations Unit is not permitted to pursue any investigation or legal action outside of the statutes that govern them. For instance, if an investigation finds that a respondent has committed a criminal offence such as break and entry, the agency is not permitted to legally pursue this charge as it must be forwarded to the correct legal entity, such as the police service and Crown Prosecutor's office. In addition, the CIU does not investigate business-to-business disputes. The attention of the CIU is primarily focused on businesses that are suspected of committing a regulatory offence and upholding the provincial legislation that governs the marketplace. Ultimately, agencies are at the mercy of whichever level of government they are associated with, aside from using minuscule power such as discretion, agencies can only interpret and use legislation that the respective ministry allows them to. Yackee & Yackee (2016) state that Congress communicates and controls agencies by using a lawfully enacted statute to facilitate government authority into action. In essence, the wishes and interests of policymakers, politicians, and the individuals they represent live through the legislations they pass and shape our society and economic environment. It was in R v Jarvis under section 239 of the Income Tax where the appellant was charged with tax evasion (R v Jarvis, 2019 SCC 73 at para 7). In such circumstances, regulatory officials must consider the objectives of the Act in question, general conduct in the investigation, and public interest in the outcome of the case. It is clear that R v Jarvis presented the notion that regulatory officials must use government statutes and authority as a guideline to monitor and verify compliance.