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Trinidad and Tobago Consumer Affairs Division Logo Consumer Policy for Trinidad and Tobago

ACTION PLAN

B. LEGISLATIVE

  1. This section addresses proposals for new legislation and revision of existing legislation.
    2.
  2. Proposals for New Legislation
    3.
    1. A small claims Tribunal should be established as a matter of priority. The existing Small Claims Tribunal Bill should be revised for early enactment. The legislation will provide consumers with speedy inexpensive relief and redress of consumer complaints;
    2. Consumer Credit legislation should be enacted to provide for comprehensive enforcement of criminal ̉truth in lending" law by controlling the advertising of credit and the disclosure of true interest rates, as well as controlling the activities of creditors, brokers, debt collectors and credit reference agencies;
    3. Consumer Product Warranty legislation should be enacted to provide the furnishing of adequate information on warranties, as well preventing deception and contributing to a voluntary upgrading of quality, safety and durability of goods and services;
    4. The Weight, Measures and Metrology Bill should be enacted as early as possible. The Bill, which has been in existence since 1984, makes provision for, inter alia, legal units of measurement, accuracy of weighing and measuring equipment, pattern approval of equipment to he used in trade, protection of the buyer as well as the seller and a more effective Weights and Measures Inspectorate;
    5. Legislation relating to the inspection of meat and meat products, poultry and poultry products should be enacted to ensure acceptable hygienic standards for the processing and preparation of these products and disposal of wastes;
    6. Legislation relating to the Environment which will provide citizens, as consumers, protection from environmental pollution and destruction should be enacted as a matter of urgency;
    7. Legislation for the Supply of Goods and Services should be enacted to provide redress for consumers relating to a service, or goods provided as part of a service. The legislation should relate to contracts made either in writing or verbally;
    8. Legislation relating to Product Liability should be enacted to protect consumers against injury or harm caused by defective products. The manufacturer and retailer should be made liable in such cases;
    9. Legislation should be enacted to regulate the activities and practices of non-traditional medical and dental practitioners to ensure the safety and well being of consumers;
    10. Legislation should be enacted to license and regulate the operations and activities of all medical laboratories to ensure their competence as well as the reliability and accuracy of medical tests and reports;
    11. Legislation should be enacted to ensure effective regulation of the design and construction of residential and commercial buildings, having regard to users' safety, security and health needs.

  3. Review of Existing Legislation
    4.

    There are several pieces of legislation which impact upon consumers' rights. These should be reviewed and revised with a view to harmonisation and more importantly, to confer on the consumer the widest possible protection. The more important pieces of legislation are given hereunder.

    1. The Consumer Protection and Safety Act, No. 30 of 1985 This provides the legislative basis for overall consumer protection. However the mechanisms/procedures needed for its proper enforcement are lacking. Revision of this statute should address, among others, the following areas:
      1. The First Schedule to the Act should be revised to remove the exceptions which are stipulated in paragraphs 3 to 13 of the Schedule, since the very goods and services which are now exempted are the very ones from which the consumer ought to be protected;
      2. Safety Regulations pursuant to Section 29 of Act No. 30 of J 985 should be promulgated to deal with the goods and servi6es listed in page 7 of the Policy Document;
      3. Regulations pursuant to Sections 33 and 40(2) of the said Act should also be promulgated;
    2. The Food and Drugs Act, Chapter 30:01, should be revised to include clearly defined requirements and/or specifications for foods and other items which are not now covered by the Act. The labelling requirements for items under the Act do not in many instances adequately protect the consumer;
    3. The Standards Act, Chapter 82:03, should be revised to provide the standards for the widest possible range of goods and services which can contribute to the enhancement of the quality of life of consumers;
    4. The Education Act, Chap. 39:01, should be reviewed to make compulsory, the registration of Private Educational Institutions and to provide for the regulation of these institutions. The sudden and premature closure of such institutions has in the past affected the economic interest of consumers;
    5. The Pharmacy Board Act, Chapter 29:52, should be reviewed to ensure that consumers have adequate protection in relation to the sale and use of pharmaceuticals.

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