43. At the end of each 6-month period following the opening of a claim file, the Board must verify with the Office de la protection du consommateur whether a client has been compensated from the security related to an itinerant merchant’s permit required by the Consumer Protection Act (chapter P-40.1) or whether a claim file is open at the Office in respect of the client’s claim. The Board must also require from any client who has filed a claim a statement attesting that the client may not be compensated, in whole or in part, from security other than the security related to the itinerant merchant’s permit. If the Board realizes that a client has been fully compensated for the loss sustained, it must deny the claim. In the other cases, the Board must,
(1) if the security was provided by means of an individual or group surety insurance policy or an irrevocable and unconditional letter of credit, notify the surety by sending the surety a copy of the judgments, agreements or transactions with instructions to remit to the Board the sums necessary to satisfy the claims; or
(2) if the security was provided by means of a certified cheque or bank draft, request the Bureau général de dépôts pour le Québec to remit to the Board the sums necessary to satisfy the claims.
The surety or the Bureau général de dépôts pour le Québec is to remit to the Board the sums necessary to satisfy the claims within 30 days of receipt of a notice or request to that effect.
Having received the amount necessary for paying the claims and subject to section 44, the Board pays, in principal, interest and costs, the claims received during the 6-month period following the opening of the claim file. In the case of a client who is partly compensated from a security referred to in the second paragraph of section 40, the amount paid by the Board is reduced so that it cannot exceed the balance of the client’s claim.
O.C. 314-2008, s. 43; O.C. 488-2017, s. 21;O.C. 724-2018, s. 612.