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The Consumer Protection Amendment Act

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S.M. 1996, c. 49

THE CONSUMER PROTECTION AMENDMENT ACT


 

(Assented to November 19, 1996)

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2         Sections 61 to 63 are repealed and the following is substituted:

Requirements of written agreement

61(1)     If an agreement for a retail sale or retail hire-purchase to which this Part applies is in writing,

(a) it shall be signed by the vendor and the buyer and shall conform with the requirements prescribed by the minister; and

(b) the vendor shall provide a duplicate copy of the agreement to the buyer at the time the agreement is entered into.

Requirements re oral agreement

61(2)     If an agreement for a retail sale or retail hire purchase to which this Part applies is not in writing, the vendor shall provide to the buyer, at the time that the agreement is entered into, a written statement of cancellation rights that conforms with the requirements prescribed by the minister.

Cancellation within 10 days

62(1)     A buyer may cancel a retail sale or retail hire-purchase to which this Part applies at any time within 10 days following the day on which the buyer receives a statement of cancellation rights that conforms with the requirements prescribed by the minister.

Other cancellation rights

62(2)     A buyer may cancel a retail sale or retail hire-purchase to which this Part applies within one year after entering into the agreement where

(a) the vendor or direct seller was not licensed as required by this Act at the time of entering into the agreement;

(b) the vendor or direct seller has, in respect of the agreement, failed to comply with any of the terms, conditions or restrictions applicable to the vendor's or direct seller's licence;

(c) the statement of cancellation rights given to the buyer does not meet the requirements prescribed by the minister;

(d) if the agreement is in writing, it does not meet the requirements prescribed by the minister; or

(e) the vendor fails to

(i) deliver the goods within 30 days after

(A) the delivery date specified in the agreement or such other delivery date as is agreed to in writing, or

(B) if the delivery date cannot be established under paragraph (A), the date of the agreement, or

(ii) begin to provide the services within 30 days after

(A) the start date specified in the agreement or such other start date as is agreed to in writing, or

(B) if the start date cannot be established under paragraph (A), the date of the agreement.

Accepting delivery after 30 days

62(3)     A buyer who accepts the delivery of any goods or provision of any services under an agreement after the 30-day period referred to in clause (2)(e) is not entitled to cancel the agreement pursuant to that clause.

Relief against cancellation

62(4)     Where in the opinion of a court it is inequitable that clause (2)(e) should apply, the court may make such order as it considers appropriate.

Cancellation rights in addition to other rights

62(5)     The cancellation rights under this section in respect of an agreement are in addition to, and do not affect, any other right or remedy the buyer has under or in respect of the agreement or at law in the province or territory in which the buyer resides.

Cancellation of sale on credit

62(6)     Where credit is extended or arranged by a vendor in connection with a retail sale or retail hire-purchase to which this Part applies, and the credit agreement is separate from the sale or hire-purchase agreement, a cancellation under this section of the sale or hire-purchase agreement has the effect of cancelling the credit agreement.

Notice of cancellation

63(1)     A retail sale or retail hire-purchase agreement is cancelled under section 62 on the giving of a notice of cancellation in accordance with this section.

Method of giving notice

63(2)     A buyer may give a notice of cancellation to the vendor by registered mail, fax, personal delivery or any other method by which the buyer can provide evidence of the date of the cancellation.

Adequacy of wording

63(3)     A notice of cancellation is adequate if, however expressed, it indicates the intention of the buyer to cancel the agreement.

Effective date of cancellation

63(4)      A notice of cancellation that is given otherwise than by personal delivery is deemed to be given when sent.

Address for service

63(5)     A notice is deemed to be sent to the vendor if it is sent to the address for notice set out in the agreement or statement of cancellation rights.

3(1)      Subsection 64(1) is repealed and the following is substituted:

Effect of cancellation

64(1)     Where a buyer cancels a retail sale or retail hire-purchase agreement under section 62,

(a) subject to subsection 65(2), every liability or obligation of the buyer under the agreement is extinguished;

(b) the vendor shall, within 15 days after the cancellation,

(i) refund to the buyer all money paid for or on account of the purchase price, rent, cost of borrowing or any other thing pursuant to the agreement, whether paid to the vendor or to any other person, and

(ii) if goods were taken by the vendor as a trade-in, return them to the buyer in as good a condition as they were in when they were taken in trade, or if the vendor is not able to do that, pay to the buyer the greater of

(A) the market value of the goods at the time they were taken in trade, and

(B) the price or value of the goods specified in the agreement; and

(c) in the case of an agreement respecting goods, on receiving everything to be refunded, returned or paid to the buyer under clause (b), the buyer shall return the goods to the vendor.

3(2)      Subsection 64(2) is amended by striking out "verbal or written".

4(1)      Subsection 65(1) is amended by striking out "The right" in the part preceding clause (a) and substituting "Except as provided in subsection 62(3), the right".

4(2)      Subsection 65(3) is amended by striking out everything after "by the vendor".

5         Subsection 75(5) is amended by striking out "and the direct seller is permanently resident in Manitoba".

6         The section heading for section 97 is amended by adding "by L.G. in C." at the end.

7         The following is added after section 97:

Regulations by minister

97.1      The minister may make regulations respecting

(a) the form and content of written agreements for retail sales and retail hire-purchases to which Part VII applies;

(b) the form and content of the statement of cancellation rights referred to in Part VII;

(c) any other matter considered necessary or advisable to carry out effectively the intent and purposes of Part VII.

Coming into force

8         This Act comes into force on a day fixed by proclamation.