GCR is here to protect you!

This tutorial video explains how to properly proceed to file a claim with GCR as well as the different steps.

Step 1 : Claim request with GCR

If no arrangement has been concluded between you and your contractor regarding the reimbursement of your partial payments or the completion of the work, you can email us at reclamation@garantiegcr.com to obtain the claim form.

To open a claim case with GCR, you must first send a duly completed claim form to your contractor; it is mandatory to keep proof of the communication of the said claim form to the contractor.

You must also submit the completed claim form to GCR, along with the requested documents, proof that the claim form was communicated to your contractor and a cheque for $114.98 ($100, plus $5 GST and $9.98 QST). This fee will be refunded if a decision is rendered in your favour, in whole or in part, or if an agreement is entered into between you and the contractor.

Step 2 : Request for Intent or visit

Within 15 days of receiving your complaint (claim form, attachments and payment), GCR will open your file and assign it to a conciliator.

A request for intent will be sent by email to your contractor to inquire about his intentions regarding the situation and how he wishes to remedy it. The contractor would have 15 days to notify GCR of the measures it intends to take to remedy the situation, if applicable.

Step 3 : Decision

At the end of the 30 days period relating to the request for intent or following the conciliation visit, GCR produce a written and detailed report on the settlement of the file and send a copy by registered mail to you and to the contractor.

Step 4 : Reimbursement

If the decision is in your favour and the contractor fails to refund the advance payment, GCR will reimburse you as provided per the Regulation (maximum of $50,000.00) or take charge of the completion of work.

Step 1 : Written notice to the contractor

The situation must be reported in writing to the contractor with the complaint form and must be sent by registered mail or email. A copy must also be sent to GCR.

Within 15 days of receiving your copy of the complaint form, GCR sends you a claim form and a list of documents to return if necessary. You must complete it after the minimum statutory period of 15 days following your complaint.

→ Download the contractor notice form

Step 2 : Claim request with GCR

If you’re not satisfied with the action taken by the contractor or if the contractor has not taken action, you can open a claim case with GCR. To do so, you must submit the completed claim form, along with the requested documents and a cheque for $114.98 ($100, plus $5 GST and $9.98 QST). This cost can usually be refunded if GCR decides fully or partially in the buyer’s favour or if an agreement is entered into between you and the contractor.

Step 3 : Request for Intent 

Following receipt of documents and payment, GCR will open your case and assign it to a conciliator.

GCR will send a letter asking the contractor to take action. The contractor must inform GCR of the measures it intends to take to remedy the situation.

Step 4 : Decision

At the end of the period relating to the request, GCR produce a written and detailed report on the settlement of the file and send a copy by registered mail to you and to the contractor.

Step 5 : Reimbursement

If the decision is in your favour and the contractor fails to refund, GCR will reimburse you.

Step 1 : Written notice to the contractor

The situation must be reported in writing to the contractor with the complaint form and must be sent by registered mail or email. A copy must also be sent to GCR.

Within 15 days of receiving your copy of the complaint form, GCR sends you a claim form and a list of documents to return if necessary. You must complete it after the minimum statutory period of 15 days following your complaint.

→ Download the contractor notice form

Step 2 : Claim request with GCR

If you’re not satisfied with the action taken by the contractor or if the contractor has not taken action, you can open a claim case with GCR. To do so, you must submit the completed claim form, along with the requested documents and a cheque for $114.98 ($100, plus $5 GST and $9.98 QST). This cost can usually be refunded if GCR decides fully or partially in the buyer’s favour or if an agreement is entered into between you and the contractor.

Step 3 : Request for Intent and visit

Following receipt of documents and payment, GCR will open your case and assign it to a conciliator.

GCR will then send, by email, a notice indicating the date on which the conciliator’s visit will take place – to observe the elements denounced only in the complaint form – unless an agreement between you and the contractor is reached.

Step 4 :  Decision

After the visit, GCR files produce a written and detailed report on the settlement of the file and send a copy by registered mail to you and to the contractor.

Step 5 : Corrective work

If the decision recognizes one or more points, your contractor must correct them according to the deadlines mentioned by the decision.

If the contractor doesn’t perform the corrective work as ordered, it may be handled by GCR.

If you disagree with GCR’s decision, you have 30 days following receipt of the conciliator / decision maker’s decision to submit your case to a mediator or arbitrator. If an attempt at mediation fails, you can submit your case to arbitration.

Under mediation, the two parties come to a meeting, in which an independent mediator will try to bring the parties together to reach an amicable agreement without the need for arbitration.

If the mediation process fails, you can move to arbitration. An arbitration agency that is fully independent from GCR, the contractor and the buyer will be appointed to hear the case. Arbitration is a formal process, though less formal in procedure than a civil court case. The arbitrator, who is usually a lawyer, acts as the decision maker. They analyze the ruling made by GCR’s conciliator / decision maker, and based on their analysis of the facts and applicable legislation, fully or partially upholds or overturns the ruling.

Mediation and arbitration expenses

Expenses for mediation are shared equally between participants. This is not the case for arbitration:

• If the contractor is the claimant, expenses are shared equally between the contractor and GCR.
• If the buyer is the claimant, expenses are covered by GCR, unless the arbitrator does not decide in favour of the consumer on any of the points of their claim, in which case the arbitrator uses their discretion to split the expenses.

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