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The Consumer Protection Amendment Act (Payday Loans)

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2006, c. 31

Bill 25, 5th Session, 38th Legislature

The Consumer Protection Amendment Act (Payday Loans)

(Assented to December 7, 2006)

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 1(1) is amended by adding the following definition:

"person" includes a partnership and an unincorporated association; (« personne »)

3            The following is added after Part XVII:

PART XVIII

PAYDAY LOANS

Definitions

137         The following definitions apply in this Part.

"applicant" means an applicant for a licence or for renewal of a licence under this Part. (« demandeur »)

"licence" means a licence issued under this Part, unless the context requires otherwise. (« licence »)

"payday lender" means a person who offers, arranges or provides a payday loan. (« prêteur »)

"payday loan" means, subject to the regulations, a loan of money with

(a) an initial advance of no more than $1,500.; and

(b) an initial term, ignoring any extension or renewal, that is no longer than 62 days. (« prêt de dépannage »)

"replacement loan" means

(a) a payday loan arranged or provided by a payday lender as part of a series of transactions or events that results in the borrower's debt under another payday loan previously arranged or provided by that payday lender being repaid in whole or in part; and

(b) a transaction or series of transactions specified in the regulations. (« prêt de remplacement »)

"wages" includes

(a) salary; and

(b) periodic payments in respect of loss of future income or loss of earning capacity. (« salaire »)

Limited application to existing loans

138         This Part does not apply to a loan that was made before this Part came into force, except to the extent that it relates to an extension or renewal made or granted after this Part came into force.

LICENSING

Licence required to provide payday loans

139(1)      No person shall offer, arrange or provide a payday loan from a location except under the authority of a licence issued to the person or the person's employer for that location.

Use of name

139(2)      No payday lender shall offer, arrange or provide a payday loan under a business name or style that differs from the business name or style specified in the lender's licence.

Application for licence or renewal of licence

140(1)      A person may apply, in a form approved by the director, for

(a) a licence authorizing the person to offer, arrange or provide payday loans at a location specified in the licence; or

(b) a renewal of a licence.

More than one licence required

140(2)      A person who wishes to offer, arrange or provide payday loans at more than one location must apply for a separate licence for each location.

Applicant to provide information

140(3)      When applying for a licence or a renewal of a licence, the applicant must provide

(a) the information required by the regulations or the application form; and

(b) any additional information requested by the director.

Licence fee

140(4)      Before a licence is issued or renewed by the director, the applicant must pay the licence or renewal fee specified in the regulations.

Bond or security required

140(5)       Before a licence is issued by the director, the applicant must provide the government with

(a) a bond to secure the performance of obligations under this Part and the regulations; or

(b) a deposit of cash or securities acceptable to the director.

The terms, conditions and amount of the bond or other security must be satisfactory to the director and must meet the requirements of the regulations.

Licence not transferable or assignable

141(1)      A licence is not transferable or assignable.

Terms and conditions of licence

141(2)      The director, if he or she considers it in the public interest to do so, may impose terms or conditions on a licence at the time of issuing or renewing the licence, or at any other time by written notice to the holder of the licence.  A licence is also subject to any terms or conditions imposed by regulation.

Duration of licence

141(3)      A licence ceases to be valid one year after the day it is issued or, if it is renewed, on the next anniversary date of its issuance, unless it is further renewed.

Validity during consideration of renewal application

141(4)      Despite subsection (3), if a payday lender applies for a renewal of his or her licence before it would otherwise cease to be valid under that subsection, the licence continues to be valid until

(a) it is renewed; or

(b) the lender is served with a copy of the director's decision not to renew it.

Refusal to issue licence

142(1)      The director may refuse to issue a licence to an applicant if

(a) the applicant has been convicted of

(i) an offence under this Act, or

(ii) an offence under the Criminal Code (Canada) or any other Act that, in the opinion of the director, involves a dishonest action or intent;

(b) the applicant is an undischarged bankrupt;

(c) the applicant provides incomplete, false, misleading or inaccurate information in support of the application;

(d) a licence issued to the applicant

(i) under this Act, or

(ii) by an authority responsible for issuing licences with respect to the lending of money in any jurisdiction,

is suspended or has been cancelled, or the applicant has applied for a renewal of such a licence and the renewal has been refused;

(e) the applicant fails to meet any qualification or satisfy any requirement of this Part or the regulations;

(f) in the director's opinion, the applicant will not carry on business according to law and with integrity and honesty; or

(g) in the director's opinion, it is not in the public interest to issue a licence to the applicant.

Where applicant is a corporation or partnership

142(2)      The director may refuse to issue a licence to

(a) a corporation, if a director or officer of the corporation could be refused a licence under subsection (1); or

(b) a partnership, if a member of the partnership could be refused a licence under subsection (1).

Reasons for refusal

142(3)      The director must give written reasons for a decision to refuse to issue a licence.

Refusal to renew, cancellation or suspension

143(1)      Subject to subsection (2), the director may refuse to renew or may cancel or suspend a payday lender's licence

(a) for any reason for which the director may refuse to issue a licence under section 142;

(b) if the lender fails to provide information required by the director or the regulations, or provides incomplete, false, misleading or inaccurate information to the director;

(c) if the lender contravenes or fails to comply with this Act or the regulations; or

(d) if the lender contravenes or fails to comply with a condition of the licence.

Notice required

143(2)      Before refusing to renew or cancelling or suspending a licence, the director must notify the payday lender, in writing,

(a) that the director intends to refuse to renew the licence, or to cancel or suspend it, and why; and

(b) that the lender may, within 14 days after being served with the notice,

(i) make a written submission to the director as to why the renewal should not be refused or the licence should not be cancelled or suspended, or

(ii) contact the director to arrange a date and time for a hearing before the director.

Extension of time

143(3)      The director may extend the 14-day period referred to in clause (2)(b).

Where no submission made or hearing arranged

143(4)      If the payday lender does not make a written submission or arrange for and attend a hearing under clause (2)(b), the director may take the action stated in the notice.

Decision after submission or hearing

143(5)      After considering a written submission or holding a hearing, the director may refuse to renew the licence or may cancel or suspend the licence.

When cancellation or suspension becomes effective

143(6)      A decision to cancel or suspend a payday lender's licence takes effect when notice of the decision is served on the lender, or on the date specified in the decision, whichever is later.

Reasons for decision

143(7)      The director must give written reasons for a decision to refuse to renew, or to cancel or suspend, a licence.

Appeal

144(1)      A decision of the director to not issue or renew a licence, or to cancel or suspend a licence, may be appealed to the court by the person who applied for or held the licence.

How to appeal

144(2)      An appeal to the court must be made by filing an application with the court within 14 days after a copy of the director's decision is served on the person appealing.  As soon as practicable after filing the application, the person appealing must serve a copy of the application on the director.

Court's decision

144(3)      The court may

(a) confirm the director's decision; or

(b) allow the appeal, on any terms and conditions the court considers appropriate.

The court may make any order as to costs that the court considers appropriate.

Director may apply for injunction

145(1)      The director may apply to the court for an injunction restraining a person from offering, arranging or providing payday loans without a licence.

Court may grant injunction

145(2)      The court may grant the injunction against the person if it is satisfied that the person offered, arranged or provided a payday loan without a licence or there is reason to believe that the person will do so.

Giving of notices, etc. by the director

146(1)      A notice, decision or other document to be given to or served on a person by the director under this Part must be given or served

(a) by delivering a copy of it to the person or to an officer or employee of the person;

(b) by sending a copy of it by registered mail, or by another service that provides the sender with proof of delivery, to the person at the last address appearing in the director's records for the person or the person's business; or

(c) in any other manner prescribed in the regulations.

Deemed receipt

146(2)      A notice, decision or other document sent to a person in accordance with clause (1)(b) is deemed to have been received on the date shown on the confirmation of delivery obtained from the Canada Post Corporation or the other service.

Actual notice is sufficient

146(3)      Despite the fact that a notice, decision or other document is not given or served in accordance with this section, it is sufficiently given or served if it actually came to the attention of the person for whom it was intended within the time for giving or serving it under this Part.

OBLIGATIONS AND PROHIBITIONS

Limit re cost of credit

147(1)      No payday lender shall, in relation to a payday loan,

(a) charge, or require or accept the payment of; or

(b) arrange for or permit any other person to charge or to require or accept payment of;

any amount or consideration that would result in the total cost of credit, or any component of the cost of credit, of the loan being greater than the maximum allowed by or under an order of The Public Utilities Board.

Consequences of failure to comply

147(2)      If a payday lender contravenes subsection (1),

(a) the borrower is not liable for any amount charged as a cost of credit for the payday loan; and

(b) the lender must reimburse the borrower, in cash, immediately upon demand by the borrower or the director, for

(i) the total of all amounts paid, and

(ii) the value of any other consideration given,

in respect of the borrower's cost of credit for the payday loan.

This is in addition to any penalty that the lender may be subject to under any other provision of this Act or the regulations.

Documents to be given at time of initial advance

148(1)      At the time of making the initial advance under a payday loan or providing the borrower with a cash card or other device that enables the borrower to access funds under a payday loan, the payday lender must give to the borrower

(a) a document, in a form satisfactory to the director, that

(i) states the date and time of day that the initial advance is being made or the card or other device is being provided,

(ii) states that the loan is a high-cost loan,

(iii) gives notice of the borrower's right to cancel the loan within 48 hours after receiving the initial advance or the card or other device,

(iv) includes a form of notice that the borrower may use to give written notice that he or she is cancelling the loan, and

(v) includes a form of receipt that the lender must use to acknowledge receipt of what was paid or returned by the borrower upon cancelling the loan; and

(b) any other documents or information required by regulation.

This is in addition to any other document or information the lender must give to the borrower under this Act.

Documents and information must be clear

148(2)      Documents and information required to be given under subsection (1) must be clear and understandable, and the required information must be prominently displayed in the document.

Borrower may cancel within 48 hours

149(1)      A borrower may cancel a payday loan within 48 hours — excluding Sundays and other holidays — after receiving the initial advance or a cash card or other device enabling the borrower to access funds under the loan.

Additional cancellation rights

149(2)      In addition to having a cancellation right under subsection (1), a borrower may cancel a payday loan at any time, if

(a) the payday lender did not notify the borrower of his or her right under subsection (1) to cancel the loan; or

(b) the notice of the right to cancel given to the borrower does not meet the requirements of section 148.

"Payday lender" defined

149(3)      In subsections (4) and (5), "payday lender" includes an officer or employee of the payday lender at the location at which the payday loan was arranged or provided.

Procedure for cancelling loan

149(4)      To cancel a payday loan under subsection (1) or (2), the borrower must

(a) give written notice of the cancellation to the payday lender; and

(b) repay, by cash, certified cheque or money order or in a prescribed manner, the outstanding balance of the initial advance, less any cost of credit that was paid by or on behalf of the borrower or deducted or withheld from the initial advance.

Form of repayment

149(5)      For the purpose of clause (4)(b),

(a) if the initial advance was made in the form of a cheque, a return of the unnegotiated cheque to the payday lender is to be considered a repayment of the initial advance; and

(b) if the initial advance was made in the form of a cash card or other device that enabled the borrower to access funds under the loan, returning that card or device to the payday lender is to be considered a repayment of the initial advance to the extent of the cash or credit balance remaining on the card or device.

Payday lender to give receipt

149(6)      Upon the cancellation of a payday loan under this section, the payday lender must immediately give the borrower a receipt, in the form referred to in subclause 148(1)(a)(v), for what the borrower paid or returned to the payday lender upon cancelling the loan.

Effect of cancellation

149(7)      The cancellation of a payday loan under this section extinguishes every liability and obligation of the borrower under, or related to, the payday loan agreement.

No fee on cancellation

149(8)      No payday lender shall

(a) charge, or require or accept the payment of; or

(b) arrange for or permit any other person to charge, or to require or accept the payment of;

any amount or consideration for, or as a consequence of, the cancellation of a payday loan under this section.

Refund to borrower on cancellation of loan

149(9)      Upon the cancellation of a payday loan under this section, the payday lender must immediately reimburse the borrower, in cash, for all amounts paid, and the value of any consideration given, by or on behalf of the borrower as a cost of credit for the loan, less any amount deducted or withheld from the initial advance or from the repayment of it under clause (4)(b).

Cancellation rights in addition to other rights

149(10)     The cancellation rights under this section are in addition to, and do not affect, any other right or remedy the borrower has under the payday loan agreement or at law.

No security to be taken

150         No payday lender shall require, take or accept, directly or indirectly,

(a) real or personal property;

(b) an interest in real or personal property; or

(c) a guarantee;

as security for the payment of a payday loan or the performance of an obligation under a payday loan agreement.

Wage assignments not valid

151(1)      An assignment of wages is not valid if it is given in consideration of a payday loan or an advance under a payday loan, or to secure or facilitate a payment in relation to a payday loan.

Requesting or requiring wage assignment prohibited

151(2)      No payday lender shall request or require a person to make an assignment of wages in relation to a payday loan.

"Assignment of wages" defined

151(3)      In this section, "assignment of wages" includes an order or direction by an employee to pay all or any part of his or her wages to another person.

Limit on charges for extension or renewal of term or for replacement loan

152(1)      No payday lender shall, in relation to a transaction or series of transactions involving a replacement loan or the extension or renewal of a payday loan,

(a) charge or require or accept the payment of; or

(b) arrange for or permit any other person to charge or to require or accept the payment of,

any amount or consideration except as permitted by or under an order of The Public Utilities Board.

Consequences of failure to comply

152(2)      If a payday lender contravenes subsection (1),

(a) the borrower is not liable for any amount charged

(i) for the extension or renewal of the loan or as a cost of credit relating to the extension or renewal, or

(ii) as a cost of credit in relation to the replacement loan; and

(b) the lender must immediately reimburse the borrower, in cash, upon demand by the borrower or the director, for

(i) the total of all amounts paid, and

(ii) the value of any other consideration given,

for the extension or renewal of the payday loan or as a cost of credit for the replacement loan.

This is in addition to any penalty that the lender may be subject to under any other provision of this Act or the regulations.

Limit to amounts payable for default

153(1)      No payday lender shall, in relation to any default by the borrower under a payday loan,

(a) charge or require or accept the payment of; or

(b) arrange for or permit any other person to charge or to require or accept the payment of;

any penalty or other amount except as permitted by or under an order of The Public Utilities Board.

Consequences of failure to comply

153(2)      If a payday lender contravenes subsection (1),

(a) the borrower is not liable for any amount charged in relation to his or her default under the payday loan; and

(b) the lender must immediately reimburse the borrower, in cash, upon demand by the borrower or the director, for any amount paid by the borrower in respect of that default.

This is in addition to any penalty that the lender may be subject to under any other provision of this Act or the regulations.

Concurrent loans prohibited

154(1)      No payday lender shall offer, arrange or provide a payday loan to a borrower who is indebted to the lender under an existing payday loan, unless the new loan is a replacement loan and, immediately after the initial advance under the new loan is made, the borrower is no longer indebted under the existing loan.

Consequences of failure to comply

154(2)      If a payday lender contravenes subsection (1),

(a) the borrower is not liable for any amount charged as a cost of credit for the new loan; and

(b) the lender must reimburse the borrower, in cash, immediately upon demand by the borrower or the director, for

(i) the total of all amounts paid, and

(ii) the value of any other consideration given,

in respect of the borrower's cost of credit for the new loan.

This is in addition to any penalty that the lender may be subject to under any other provision of this Act or the regulations.

Joint liability for refund

155         If a payday loan is arranged by one payday lender and provided by another payday lender, both lenders are jointly and severally liable to the borrower for any amount to be refunded or reimbursed to the borrower under this Part.

Information to be posted

156         A payday lender must post signs at each location at which the lender is licensed to offer, arrange or provide payday loans.  The signs must be posted prominently and in accordance with the regulations, and must clearly and understandably set out, in the form required by the regulations,

(a) all components of the cost of credit, including all fees, charges, penalties, interest and other amounts and consideration for a representative payday loan transaction; and

(b) any other information required by the regulations.

Records to be kept

157         A payday lender must maintain records in accordance with the regulations, including records of all payday loans that it offers, arranges or provides, and all payday loan agreements that it enters into.

INSPECTIONS

Records to be made available for inspection, etc.

158         A payday lender must

(a) make the records that he or she is required to maintain under this Part or the regulations available, at the place where they are maintained, for inspection, examination or audit by a consumer services officer or a person authorized by the director; and

(b) if the records are not maintained in Manitoba, pay to the minister, upon receiving a statement from the director, the amount charged by the director for expenses incurred in inspecting, examining or auditing the records at the place where they are maintained.

General authority to inspect

159(1)      Subject to any conditions imposed by the director, a consumer services officer or a person authorized by the director (in this section and sections 160 and 161 referred to as an "inspector") may carry out any inspection, examination, audit or test reasonably required to

(a) determine compliance with this Part, the regulations made under it or the terms and conditions of a licence;

(b) verify the accuracy or completeness of a record, or of other information provided to the director, officer or authorized person; or

(c) perform any other duty or function that the director or inspector considers necessary or advisable in the administration or enforcement of this Part.

Right of entry

159(2)      In order to perform a duty or function under subsection (1) (in this section referred to as an "inspection"), the inspector may at any reasonable time, without a warrant, enter

(a) any business premises of a payday lender; or

(b) any other premises or place where the inspector has reasonable grounds to believe that records relevant to the administration or enforcement of this Part are kept.

Identification to be shown

159(3)       An inspector must show his or her identification if requested to do so in the context of an inspection.

Assistance to officer or authorized person

159(4)      The payday lender or person in charge of the place being inspected or having custody or control of the relevant records must

(a) produce or make available to the inspector all records and property that the inspector requires for the inspection;

(b) provide any assistance or additional information, including personal information, that the inspector reasonably requires to perform the inspection; and

(c) upon request, provide written answers to questions asked by the inspector.

Electronic records

159(5)      In order to inspect records that are maintained electronically at the place being inspected, the inspector may require the payday lender or person in charge of the premises or the relevant records to produce the records in the form of a printout or to produce them in an electronically readable format.

Inspector may make copies

159(6)      The inspector may use equipment at the place being inspected to make copies of relevant records, and may remove the copies from the place of inspection for further examination.

Inspector may remove records to make copies

159(7)      An inspector who is not able to make copies of records at the place being inspected may remove them from the place to make copies.  The inspector must make the copies as soon as practicable and return the original records to the person or place from which they were removed.

Obstruction

159(8)      No person shall hinder, obstruct or interfere with an inspector conducting an inspection under this section.

Copies as evidence

160         A document certified by the director or an inspector to be a printout or copy of a record obtained under this Part

(a) is admissible in evidence without proof of the office or signature of the person purporting to have made the certificate; and

(b) has the same probative force as the original record.

Warrant to enter and inspect

161(1)      A justice, upon being satisfied by information on oath that

(a) an inspector has been refused entry to any premises or place to carry out an inspection under section 159; or

(b) there are reasonable grounds to believe that

(i) an inspector would be refused entry to any premises or place to carry out an inspection under section 159, or

(ii) if an inspector were to be refused entry to any premises or place to carry out an inspection under section 159, delaying the inspection in order to obtain a warrant on the basis of the refusal could be detrimental to the inspection;

may at any time issue a warrant authorizing an inspector or any other person named in the warrant to enter the premises or place and carry out an inspection under section 159.

Application without notice

161(2)      A warrant under this section may be issued upon application without notice.

GUIDELINES AND REGULATIONS

Guidelines re payday loan agreements

162         To assist payday lenders in developing payday loan agreements that are clear and understandable, the director may issue guidelines about the form of such agreements.

Regulations

163(1)      The Lieutenant Governor in Council may make regulations

(a) defining "payday loan", or extending or limiting the meaning of that expression, for the purposes of this Part;

(b) exempting credit grantors or classes of credit grantors from the application of this Part or any provision of it;

(c) respecting licences, including

(i) the form and content of applications for licences and renewals of licences,

(ii) qualifications of, and requirements to be met by, applicants and payday lenders,

(iii) information and records to be provided to the director by applicants and payday lenders,

(iv) licence fees and licence renewal fees,

(v) the form of a licence, and

(vi) the terms and conditions of a licence;

(d) respecting bonds and other security, including

(i) the terms, conditions and amount of a bond or other security, and

(ii) the forfeiture of a bond and other security, and disposition of proceeds of forfeiture;

(e) defining "cost of credit", or extending or limiting the meaning of that expression, for the purposes of this Part;

(f) for the purpose of section 146, respecting the manner of giving or serving notices, decisions and other documents;

(g) for the purpose of clause 148(1)(b), respecting documents and information that a payday lender must provide to a borrower;

(h) for the purpose of subsection 149(7), specifying whether a liability or obligation is, or is not, related to a payday loan agreement;

(i) for the purpose of section 152, specifying transactions, or classes of transactions, as replacement loans;

(j) for the purpose of section 156, respecting the posting of signs, and the form and content of information to be placed on the signs;

(k) for the purpose of section 157, respecting the records to be maintained by payday lenders, including the length of time for which and location at which records must be retained;

(l) respecting the information, including personal information, that payday lenders are required to provide to the director and the times, form and manner in which the information is to be provided;

(m) respecting any other matter the Lieutenant Governor in Council considers necessary for the administration of this Part.

Scope of regulation under clause 1(l)

163(2)      A regulation made under clause 1(l) may be general or particular in its application.

THE PUBLIC UTILITIES BOARD

"Board" defined

164(1)      In this section, "board" means The Public Utilities Board.

Board to set maximum cost of credit, etc.

164(2)      The board must, by order,

(a) fix the maximum cost of credit, or establish a rate, formula or tariff for determining the maximum cost of credit, that may be charged, required or accepted in respect of a payday loan;

(b) fix the maximum amount, or establish a rate, formula or tariff for determining the maximum amount, that may be charged, required or accepted in respect of the extension or renewal of a payday loan or in respect of a replacement loan; and

(c) fix the maximum amount, or establish a rate, formula or tariff for determining the maximum amount, that may be charged, required or accepted in respect of a default by the borrower under a payday loan.

Board may define and set maximums for components

164(3)      The board may, by order, fix the maximum amount, or establish a rate, formula or tariff for determining the maximum amount, that may be charged, required or accepted in respect of any component of the cost of credit of a payday loan.

What the board may consider

164(4)      In making an order under this section, the board may consider

(a) the operating expenses and revenue requirements of payday lenders in relation to their payday lending business;

(b) the terms and conditions of payday loans;

(c) the circumstances of, and credit options available to, payday loan borrowers generally, and the financial risks taken by payday lenders;

(d) the regulation of payday lenders and payday loans in other jurisdictions;

(e) any other factors that the board considers relevant and in the public interest; and

(f) any data that the board considers relevant.

Order to be just and reasonable

164(5)      An order made under this section must be one that the board considers just and reasonable in the circumstances, having regard to the factors and data considered by it.

Periodic review

164(6)      The board must review its existing orders under this section at least once every three years.  After the review, the board must make a new order that replaces the existing orders.

Review on changed circumstances

164(7)      Whenever the board is satisfied that circumstances in the payday lending industry have changed substantially, or that new evidence has come to its attention that may affect an existing order made under subsection (2) or (3), the board may review any existing order.  After the review, the board must make a new order that continues, modifies or replaces the order that was reviewed.

Notice and hearing

164(8)      Before making an order under this section, the board must give public notice and hold a public hearing in respect of the subject matter of the order.

Board may determine status

164(9)      At a hearing under this section, the board may define the status and rights of any person wishing to make a submission or to provide or challenge evidence provided to the board.  The board may refuse to admit evidence or receive a submission that, in the board's opinion, is not relevant to the subject matter of the hearing.

Costs of intervener payable by government

164(10)     The board may determine whether an intervener is entitled to costs for participating in a hearing under this section, and may fix the amount of those costs.  Costs are payable out of the Consolidated Fund with money authorized by an Act of the Legislature to be so paid and applied.

Notice of order

164(11)     As soon as practicable after the board makes an order under this section, the director must give written notice of the order to every payday lender who holds a licence or whose application for a licence is under consideration by the director.

Board may make recommendations to minister

164(12)     The board may make recommendations to the minister on matters in respect of payday loans and payday lenders.

Application of Public Utilities Board Act

164(13)     Part I of The Public Utilities Board Act applies, with necessary changes, to the making of an order under this section as if the powers and duties of the board under this section were assigned to the board under that Part, except for the following provisions:

(a) section 33 (power of board on complaints);

(b) section 34 (power to appoint counsel) as it relates to the fees and expenses of the person appointed;

(c) subsection 51(2) (time for service of order);

(d) section 52 (enforcement of order);

(e) section 56 (order as to costs) as it relates to the costs of an intervener;

(f) section 57 (fees).

Coming into force

4(1)         This Act, except section 2, comes into force on a day to be fixed by proclamation.

Coming into force: section 2

4(2)        Section 2 comes into force on the day this Act receives royal assent.