My trip was cancelled and the agency will not refund, what is the FICAV?

Verified 9 August 2026 Law of Quebec and Canada General information, not legal advice

In the United States? This answer is Québec and Canadian law. The US side of this site answers different questions, state by state: different law, and different coverage. Go to the US side

Short answer

The FICAV is the Fonds d'indemnisation des clients des agents de voyages, established by s. 30.1 of the Travel Agents Act to guarantee the indemnification or reimbursement of the clients of travel agents required to contribute to it, "in the cases and in accordance with the terms and conditions prescribed by regulation". The Act names two distinct situations: the tourism service supplier has failed to fulfil its obligations (s. 30.4), or the client is unable, for a reason outside their control, to avail themselves of tourism services they paid for (s. 30.5). Section 30.7 states that a client otherwise reimbursed or indemnified is not paid twice by the fund, but may claim the difference where the amount obtained is less than what the fund would have paid.

In detail

The fund is made up of contributions paid by the clients of travel agents themselves (s. 30.2(a)), together with sums recovered by subrogation, interest, the growth of the fund's assets and advances from the Minister of Finance. The president of the Office de la protection du consommateur manages it and holds those sums in trust (s. 30.6).

The two entry points are not the same. Section 30.4 covers the case where the travel agent transferred the client's funds to a service supplier in accordance with the conditions prescribed by regulation, and that supplier failed to fulfil its obligations: the client may then not sue the agent to recover the amounts paid, but may apply to the fund for reimbursement; for the injury suffered, the client may choose between a recourse against the agent and an application to the fund. Section 30.5 covers a different case: the client is unable to avail themselves of the tourism services paid for, "for a reason outside his control".

Section 30.7 arranges how this fits with other refunds. The president is subrogated by operation of law to the client's rights against the agent or the supplier for the sums the fund paid. A client otherwise reimbursed or indemnified for the damages incurred may not also be paid by the fund; but if what they obtained is less than what the fund would have paid, the difference may be claimed from the fund.

What the Act does not say is worth naming: the amounts, the ceilings and the claim periods are consistently left to the regulation respecting travel agents, which was not read here. A parallel route also exists where payment was made by credit card following a distance contract: s. 54.14 of the Consumer Protection Act allows a chargeback request within 60 days of the failure to refund.

What to document

The invoice or contract, with its date. The method of payment · a bank or card statement carries a date no one disputes. Exchanges with the merchant, with their timestamps. The condition of the goods when the problem appeared: a photograph carries its date; a recollection does not.

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Official sources

art. 30.1 de la Loi sur les agents de voyages (RLRQ c A-10) · read on 2026-08-09

My trip was cancelled and the agency will not refund, what is the FICAV?

In detail

What to document

Official sources

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