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1st Session, 40th Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 16

THE CONSUMER PROTECTION AMENDMENT ACT (IMPROVED ENFORCEMENT AND ADMINISTRATION)


Explanatory Note Bilingual version (PDF)

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C200 amended

1           The Consumer Protection Act is amended by this Act.

2           Subsection 73(5) is amended

(a) in clause (a), by adding ", including personal information," after "information";

(b) in clause (b), by adding ", including personal information," after "any information"; and

(c) by striking out "or" at the end of clause (b), adding "or" at the end of clause (c) and adding the following after clause (c):

(d) the communication of information, including personal information, by the director when, in the director's opinion, it is in the public interest to do so.

3           The following is added after section 96:

Requesting or requiring consumers to waive or limit rights

96.1        No person shall request or require a consumer to waive or limit his or her rights under this Act unless the waiver or limitation is permitted under this Act.

4           Subsection 136(15) is amended by striking out ", despite subsection 73(4),".

5           Subsection 140(5) is amended in the part before clause (a) by striking out "a licence is issued" and substituting "a licence is issued or renewed".

6           Subsection 142(1) is amended

(a) by replacing clause (a) with the following:

(a) the applicant has been convicted of

(i) an offence under this Act or The Business Practices Act,

(ii) an offence under the Criminal Code (Canada), or

(iii) any other offence under the laws of a jurisdiction in or outside Canada that, in the director's opinion, involves a dishonest action or intent;

(b) by adding the following after clause (d):

(d.1) the applicant has failed to comply with any order, direction or other requirement issued or imposed by an authority responsible for issuing licences with respect to the lending of money in any jurisdiction in or outside Canada;

(c) by replacing clause (f) with the following:

(f) the director has reason to believe, based on past conduct, that the applicant will not carry on business according to law or with integrity or honesty; or

7           Subsection 143(1) is amended

(a) by striking out "or" at the end of clause (c) and adding the following after clause (c):

(c.1) if the lender contravenes or fails to comply with a director's order under section 161.1 or 161.2; or

(b) in clause (d) of the English version, by striking out "a condition" and substituting "a term or condition".

8           Clause 146(1)(b) is amended by striking out "appearing in the director's records" and substituting "known to the director".

9(1)         Subsection 159(1) is amended

(a) in the part before clause (a), by striking out "a person" and substituting "person";

(b) in clause (b), by striking out ", officer or authorized person" and substituting "or inspector"; and

(c) in clause (c) of the French version, by striking out "le directeur ou l'inspecteur" and substituting "lui-même ou le directeur".

9(2)        Clause 159(2)(b) is amended by striking out "records" and substituting "records or property".

9(3)        Subsection 159(4) is amended in the part before clause (a) by striking out "records" and substituting "records or property".

10(1)       Clause 161.1(1)(a) is amended by striking out "as an inspector to assist the director in determining whether the lender is in compliance" and substituting "in relation to an inspection".

10(2)       Subsection 161.1(2) is amended

(a) in clause (a) of the English version, by adding "term or" before "condition"; and

(b) in clause (b),

(i) in subclause (i), by adding "or property" after "produce records", and

(ii) by striking out "or" at the end of subclause (i), adding "or" at the end of subclause (ii) and adding the following after subclause (ii):

(iii) has failed to provide the assistance or additional information that an inspector reasonably requires to perform the inspection.

11(1)       Clause 161.2(1)(a) is replaced with the following:

(a) a payday lender is not complying with a provision of this Part or the regulations under this Part, or with a term or condition of the lender's licence; or

11(2)       Clause 161.2(2)(a) is amended by adding "under this Part, or with a term or condition of a lender's licence" after "regulations".

12          Clause 161.3(1)(b) is amended by striking out "appearing in the director's records" and substituting "known to the director".

13          Subsection 161.4(2) is amended by striking out "may appear as" and substituting "is".

14          Section 161.5 is replaced with the following:

Public disclosure

161.5       The director may issue public reports disclosing details of compliance orders under section 161.2 that have been given to or served on payday lenders. This disclosure may include personal information.

Coming into force

15          This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Consumer Protection Act

  • to prohibit a person from asking or making a consumer waive or limit his or her consumer protection rights unless the waiver or limitation is statutorily permitted;
  • to expand the grounds on which the director may refuse to issue or renew a payday lending licence;
  • to permit the director to communicate information to the public when it is in the public interest; and
  • to clarify when reports about compliance orders relating to payday lenders may be issued to the public.

Other administrative amendments are made to the Act, including amendments to clarify inspection powers and the power to issue director's orders.