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C.C.S.M. c. C200

The Consumer Protection Act

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PART I
INTERPRETATION AND APPLICATION
1 (1) Definitions
(2) Repealed
(3) Registered common-law relationship
(4) Reference to "Act" includes regulations
2 Repealed
3 Application of Act
PART II
CREDIT AGREEMENTS AND LEASES: COST OF CREDIT
DIVISION 1
GENERAL PROVISIONS
APPLICATION OF PART II
4 (1) Credit agreements for non-business purposes
(2) Leases for non-business purposes
(3) Exceptions to subsections (1) and (2)
(4) Credit agreements and hire-purchases for business purposes
(5) Reliance on signed statement of purpose
5 Certain credit agreements exempt from this Part
COST OF CREDIT
6 (1) Value received by borrower
(2) Limitation re value received
(3) Value given by borrower
(4) Payments re tax account not to be considered
GENERAL DISCLOSURE REQUIREMENTS
7 Requirement to disclose information
8 Form of disclosure statement
9 Information based on estimate or assumption
10 Time of delivery: delivery by mail
11 (1) Application of section
(2) Time for delivery: initial disclosure statement
(3) Sufficient disclosure — more than one borrower
12 (1) Initial disclosure statement for a mortgage
(2) Determining number of days
(3) Person entitled to disclosure may waive time period
(4) Charges that do not trigger time period
13 (1) Disclosure in advertising to be prominent
(2) Prominence of APR disclosure
(3) APR for representative transaction
14 (1) Advertising interest-free periods
(2) Grace period conditions
(3) Failure to disclose
15 No interest on deferred payment
16 Right to accounting
17 (1) Inconsistency between disclosure statement and contract
(2) If remedy under section 56 also available
PREPAYMENT
18 (1) Application of sections 18 to 20
(2) Prepayment of outstanding balance
(3) Refund of non-interest finance charge: fixed credit
(4) Borrower not liable for unearned interest
(5) Surrender of security
19 Partial prepayment
20 Statement of outstanding balance
BROKERS
20.1 (1) No advance payment to brokers
(2) Return of advance payment
20.2 (1) Disclosure by broker
(2) Disclosure of brokerage fee
(3) Failure to disclose
(4) Refund of brokerage fee
20.3 (1) Application
(2) Broker to provide initial disclosure statement
(3) Failure to provide initial disclosure statement
20.4 Partner, director jointly liable
20.5 (1) Application
(2) Brokerage fee deducted from advance
(3) Credit grantor to ensure accuracy of disclosure
INSURANCE
21 (1) Choice of insurer
(2) Disclosure of borrower's right to choose insurer
22 (1) Proof of insurance
(2) Liability for insurance premium
OPTIONAL SERVICES
23 (1) Borrower may cancel optional service
(2) Notice period for cancellation
24 (1) Liability and refund
(2) Regulations re refund
SECURITY FOR CREDIT SALES
25 (1) Failure to describe collateral for credit sale
(2) Application to court to correct description of collateral
(3) Court may authorize correction
(4) Effect of correction
26 Collateral limited to goods sold
ASSIGNEES AND GUARANTORS
27 (1) Assignee of borrower's rights
(2) Reservation of rights
(3) Assignee's obligations fixed by court
28 Guarantor of borrower's obligations
29 (1) Assignee of credit grantor's rights
(2) Limit to borrower's claim against assignee
(3) Effect of cancellation
(4) Set-off for breach of condition or warranty
(5) Maximum amount of set-off
30 (1) Notice to assignee of credit agreement re credit sale
(2) Innocent assignee's exemption from liability
(3) Onus on assignee
31 (1) Exemption from liability
(2) Reliance on borrower's acknowledgment
32 Assignment of promissory note
RELIEF AGAINST ACCELERATION AND FORFEITURE
33 (1) Application of sections 33.1 to 33.8
(2) Definition
33.1 Default charges: monetary obligations
33.2 (1) Acceleration on default
(2) Restrictions on acceleration
(3) Default after extension
(4) Meaning of "payments in default"
(5) Acceleration provisions continue in effect
33.3 Other penalties void
33.4 Default charges: non-monetary obligations
33.5 Relief against acceleration, seizure and forfeiture
33.6 (1) Absolute discretion of creditor
(2) Powers to preserve security
(3) Relief against powers
33.7 Granting relief
33.8 (1) Staying of seizure or action
(2) Return of seized goods where default remedied
DIVISION 2
FIXED CREDIT
34 Application of this Division
CREDIT SALES
34.1 Credit sales must have scheduled payments
DISCLOSURE IN ADVERTISING
34.2 (1) Disclosure of term and APR
(2) Disclosure of cash price
(3) Disclosure of cost of credit
(4) Disclosure for representative transaction
DISCLOSURE STATEMENTS
34.3 Initial disclosure statement
34.4 (1) Periodic disclosure: floating interest rate
(2) Disclosure: increase in non-floating interest rate
(3) Failure to disclose increase within 30 days
34.5 (1) Additional disclosure: amendments
(2) When additional disclosure not required
34.6 Notice that payments will not cover interest
RENEWAL OF CREDIT AGREEMENTS OTHER THAN MORTGAGES
34.7 (1) Application of section
(2) Renewing a credit agreement
MORTGAGE RENEWAL
34.8 (1) Notice of mortgage renewal
(2) Disclosure on mortgage renewal
(3) Terms of renewed mortgage differ from disclosure statement
(4) Borrower may prepay if no disclosure or incomplete
(5) Borrower may prepay if improper disclosure
(6) Charges related to renewal to be refunded
DIVISION 3
OPEN CREDIT
35 Application of this Division
DISCLOSURE IN ADVERTISING
35.1 Disclosure: advertisement for open credit
DISCLOSURE STATEMENTS
35.2 Contents of initial disclosure statement
35.3 (1) Frequency of statements of account
(2) Disclosure in statement of account
(3) Description of transaction
CREDIT CARDS
35.4 (1) No issuance of unsolicited credit cards
(2) Onus of proof
35.5 (1) Rates and fees to be disclosed in solicitation
(2) Application for credit card
(3) Time of disclosure
(4) Requirement for initial disclosure statement
35.6 Time of entering into credit agreement
35.7 (1) Prior notice of change in information
(2) Other notice of changes
35.8 (1) Liability for unauthorized use of lost or stolen card
(2) Regulations may exempt transactions
(3) Liability for unauthorized use of credit card information
(4) Form of notice
(5) Onus of proof
35.9 (1) Surrender of credit card
(2) Holder not liable after surrender of card
DIVISION 4
LEASES
GENERAL PROVISIONS
36 Definitions
37 Application of this Division
DISCLOSURE IN ADVERTISING
38 (1) Lease advertising
(2) Representative transaction
(3) Advertising in prescribed medium
(4) Records to be kept for three months
(5) Director entitled to copy of record
DISCLOSURE STATEMENTS
39 (1) Initial disclosure statement
(2) Additional disclosure: amendments
(3) Additional disclosure not required
40 Maximum residual obligation determined by regulation
41 Effect of remedying default
DIVISION 5
DEFAULT
GENERAL PROVISIONS
42 Application of Division
43 (1) Rights and remedies cumulative
(2) Conflict
SEIZURE AND SALE
44 (1) Restriction on seizure if less than 25% owing
(2) Application without notice
(3) Notice to borrower
(4) Application to set aside order made without notice
45 (1) Notice of seizure
(2) Notice of sale
(3) Combined notice
(4) Notice to persons other than the borrower
CREDIT SALES
46 Demand payments prohibited
47 (1) Credit grantor may sue or seize
(2) Credit grantor's rights restored
48 (1) Judgment extinguishes security interest
(2) Seizure to enforce judgment
(3) Relief from acceleration
49 Exemption: goods not found
50 (1) Right of recovery: goods destroyed or damaged
(2) Right of recovery: removed or replaced goods
SALE OF REPOSSESSED GOODS OR COLLATERAL
51 (1) Sale of repossessed goods or collateral
(2) Price for resale of collateral
(3) Payment of excess
(4) Charge of overhead
(5) Retention in lieu of resale
DIVISION 6
COMPENSATION AND PENALTIES
52 (1) Remedies are cumulative
(2) Provisions apply to lessors and brokers
53 Refund of payments
54 (1) Compensation
(2) Set-off or recovery of compensation
55 (1) Rebate of part of cost of credit
(2) Rights preserved
56 (1) Incorrect disclosure statement
(2) Director's order re contravention
(3) Mistake in interest rate or APR
(4) Mistake in other statements
(5) Grounds for order under subsection (3) or (4)
(6) Appeal of director's order
(7) Court's power on appeal
DIVISION 7
TRANSITIONAL APPLICATION OF PART II
57 (1) Transitional application of Part II
(2) Orders re application
PART VI
STATUTORY WARRANTIES ON RETAIL SALES
58 (1) Warranties on sale
(2) Statement of conditions
(3) Statements relating to goods on credit sales
(4) Statements relating to goods in cash sales
(5) Merchantable quality
(6) Condition as to services
(7) Effect on other conditions
(8) Express warranty
(9) Seller to provide record
(10) Mediation of warranty disputes
58.1 Personal liability of seller
58.2 (1) Warranty contract liability
(2) Sales person not liable
PART VII
DIRECT SELLERS
59 (1) Application of Part
(2) Certain types of sales subject to Part
(3) Place of conclusion of sale
(4) Address for service
60 (1) Where Part not to apply
(2) Certain selling practices prohibited
(3) Prohibition against premiums, etc.
61 (1) Requirements of written agreement
(2) Requirements re oral agreement
62 (1) Cancellation within 10 days
(2) Other cancellation rights
(3) Accepting delivery after 30 days
(4) Relief against cancellation
(5) Cancellation rights in addition to other rights
(6) Cancellation of sale on credit
63 (1) Notice of cancellation
(2) Method of giving notice
(3) Adequacy of wording
(4) Effective date of cancellation
(5) Address for service
64 (1) Effect of cancellation
(2) Negotiation of new agreement
65 (1) Rights of cancellation
(2) Where goods not intact
(3) Buyer's lien on cancellation
PART VIII
66 to 69 Repealed
PART IX
CONSUMER PROTECTION OFFICE
70 Consumer Protection Office
71 Administration of office
72 Duties of director
72.1 (1) Designation of consumer services officers
(2) Authority of officer
73 (1) Investigation of complaints
(2) Access to documents
(3) Retention of records
(4) Information confidential
(5) Exception
(6) Authority for access
(7) Where order may be issued
74 (1) Inquiry by director
(2) Restraining order
(3) Service of order on person
(4) Service of order
PART X
LICENSING
75 (1) Licensing of vendors
(2) Licensing of direct sellers
(3) Use of unlicensed direct seller
(4) Licence in one name only
(5) Alternative to direct seller licensing
76 (1) Licensing of collection agencies
(2) Employees of collection agents
77 (1) Granting and renewal of licences
(2) Annual licences
78 (1) Refusal to grant licence
(2) Direct sellers' licences
(3) Conditions of licences
(4) Special condition re officers of licensee
(5) Partnerships licensed
(6) Alteration of partnership
(7) Change of address
(8) Service at address of licensee
79 (1) Refusal to renew licence
(2) Refusal on ground of circumstances
80 (1) Reasons for refusal of licence
(2) Reasons for imposing conditions and restrictions
81 (1) Licence not assignable
(1.1) Registration not assignable
(2) Authority of vendor's licence
(3) Authority of direct sellers license
(3.1) Director may limit number
(4) Class of business transactions
(5) Vendors to be principal of direct sellers
(6) Principal to be named in licence
(7) Direct seller acting for vendor
(8) Cancellation of direct seller's licence
82 Licence required
83 (1) Warning of cancellation
(2) Exception
84 (1) Notice of cancellation
(2) Contents of notice of cancellation
(3) Cancellation of licence
(4) Effect of cancellation of vendor's licence
85 (1) Appeal from decision of director
(2) Director to comply with court order
86 (1) Application to court re warning
(2) Stay of further notices
87 (1) Appeal of cancellation
(2) Time for filing appeal
(3) Where appeal allowed
(4) Dismissal of appeal
88 (1) Determination of fact by court
(2) Director as respondent
(3) Court may substitute its opinion
89 (1) Bond for collection agent
(2) Smaller bond
(3) Change in officers of collection agent
(4) Cancellation of bond
(5) Suspension of licence
(6) Where bond cancelled
90 (1) Bond for vendors
(2) Reasons for amount of bond
(3) Rights of government under bond
(4) Forfeiture of bond
(5) Sale of collateral to bond
(6) Payment of moneys recovered under bond
(7) Disposition of unexpended moneys
91 (1) Appeal of decision of director
(2) Form of appeal
PART XI
GENERAL PROVISIONS
92 Protection from liability
93 Advertising licence prohibited
94 (1) Offence
(2) Restitution
(3) Order filed in court
(4) Person must pay restitution ordered
94.1 Directors and officers of corporations
95 Limitation period for complaint
96 Agreements waiving benefits
96.1 Requesting or requiring consumers to waive or limit rights
97 (1) Regulations by L.G. in C.
(2) Regulations about Internet negative option marketing
97.1 Regulations for Part VII
97.2 Regulations for Part XVI
97.3 Regulations for Part XVII
PART XII
COLLECTION PRACTICES
98 Prohibitions
99 Further meaning of debtor
100 (1) Leave to seize
(2) Section 45 does not apply to seizure
101 (1) Penalty for wrongful collection
(2) Action on wrongful possession
102 (1) Restriction on use of name
(2) Use of unlicensed collection agents
(3) Use of collection agent by another collection agent
103 (1) Limitations on benefits from business
(2) Collection of double fees prohibited
104 Use of forms
105 Employees
106 Registration of certain persons with the office
106.1 Restriction on use of name by collector
107 Proper records
108 (1) Trust account
(2) Withdrawals from trust account
109 (1) Appointment of auditors
(2) Submission of audited statements
110 (1) Accounting to client for collections
(2) Accounting for seized goods or chattels
(3) Liability for care of seized goods or chattels
(4) Disclosure of actions
(5) Surrender of documents
(6) Application of subsection (5)
111 (1) Failure to locate creditor
(2) Disposal of moneys
(3) Application of the Part
112 Verification of information
PART XIII
113 to 117 Repealed
PART XIV
118 to 120 Repealed
PART XV
PREPAID SERVICES
121 Definitions
122 (1) Application
(2) Exception
(3) Existing contracts
123 (1) Written contract
(2) Cancellation within 7 days
(3) Statement required in contract
(4) Effect of cancellation
(5) Negotiation of new contract
(6) Rights of cancellation
(7) Reckoning of Time
(8) Refund
124 (1) Prohibition
(2) Repayment
125 (1) Maximum term
(2) Fee payable by instalments
(3) Refund
126 No provision for renewal
PART XVI
INTERNET AGREEMENTS
127 "Internet" defined
128 Application
129 (1) Buyer may cancel if not provided information
(2) Electronic methods of providing information
130 (1) Buyer may cancel for failure to deliver
(2) Attempted delivery
131 Court may provide relief against cancellation
132 (1) Notice of cancellation
(2) Method of giving notice
(3) Wording of notice of cancellation
(4) Effective date of cancellation
133 (1) Effect of cancellation
(2) Delivery of services after cancellation
(3) Delivery of goods after cancellation
(4) Seller must accept return of goods
(5) Seller responsible for cost of returning goods
(6) Effective date of return
134 (1) Buyer's recourse re credit card charges
(2) Credit card issuer must reverse or cancel charges
(3) Application
135 Other rights not affected
PART XVII
ADMINISTRATIVE PENALTIES
136 (1) Administrative penalty: failure to comply
(2) Maximum amount
(3) Notice
(4) Serving the notice
(5) Appeal to the director
(6) Notice of hearing
(7) Decision of the director
(8) Appeal to court
(9) Director is a party
(10) Decision of court
(11) Payment
(12) Debt due to government
(13) Certificate registered in court
(14) No offence to be charged if penalty paid
(15) Public disclosure of administrative penalties
PART XVIII
PAYDAY LOANS
137 Definitions
138 (1) Application
(2) Limited application to existing loans
LICENSING
139 (1) Licence required to provide payday loans
(2) Use of name
140 (1) Application for licence or renewal of licence
(2) More than one licence required
(3) Applicant to provide information
(4) Licence fee
(5) Bond or security required
141 (1) Licence not transferable or assignable
(2) Terms and conditions of licence
(3) Duration of licence
(4) Validity during consideration of renewal application
142 (1) Refusal to issue licence
(2) Where applicant is a corporation or partnership
(3) Reasons for refusal
143 (1) Refusal to renew, cancellation or suspension
(2) Notice required
(3) Extension of time
(4) Where no submission made or hearing arranged
(5) Decision after submission or hearing
(6) When cancellation or suspension becomes effective
(7) Reasons for decision
144 (1) Appeal
(2) How to appeal
(3) Court's decision
145 (1) Director may apply for injunction
(2) Court may grant injunction
146 (1) Giving of notices, etc. by the director
(2) Deemed receipt
(3) Actual notice is sufficient
OBLIGATIONS AND PROHIBITIONS
147 (1) Limit re cost of credit
(2) Consequences of failure to comply
148 (1) Documents to be given at time of initial advance
(2) Documents and information must be clear
(3) Interpretation of ambiguous statement
148.1 (1) Cash card
(2) Balance applied to repayment
149 (1) Borrower may cancel within 48 hours
(2) Additional cancellation rights
(3) "Payday lender" defined
(4) Procedure for cancelling loan
(5) Form of repayment
(6) Payday lender to give receipt
(7) Effect of cancellation
(8) No fee on cancellation
(9) Refund to borrower on cancellation of loan
(10) Cancellation rights in addition to other rights
150 No security to be taken
151 (1) Wage assignments not valid
(2) Requesting or requiring wage assignment prohibited
(3) "Assignment of wages" defined
151.1 (1) Maximum amount of loan
(2) Consequence of failure to comply
152 (1) Limit on charges for extension or renewal of term or for replacement loan
(2) Consequences of failure to comply
153 (1) Limit to amounts payable for default
(2) Consequences of failure to comply
154 (1) Concurrent loans prohibited
(2) Consequences of failure to comply
154.1 Discounting prohibited
154.2 Tied selling restricted
155 Joint liability for refund
156 Information to be posted
157 Records to be kept
INSPECTIONS
158 Records to be made available for inspection, etc.
159 (1) General authority to inspect
(2) Right of entry
(3) Identification to be shown
(4) Assistance to officer or authorized person
(5) Electronic records
(6) Inspector may make copies
(7) Inspector may remove records to make copies
(8) Obstruction
160 Copies as evidence
161 (1) Warrant to enter and inspect
(2) Application without notice
ORDERS
161.1 (1) Director may charge costs
(2) Circumstances in which costs may be charged
(3) Costs are a debt
(4) Certificate
161.2 (1) Order for compliance
(2) Criteria for order
161.3 (1) Service of order
(2) Deemed receipt
(3) Actual notice is sufficient
161.4 (1) Appeal of director's order
(2) How to appeal
(3) Court's decision
161.5 Public disclosure
FINANCIAL LITERACY FUND
161.6 (1) Fund established
(2) Deposit in Consolidated Fund
(3) Payments into the fund
(4) Management of fund
(5) Annual report
161.7 Financial literacy support levy
GUIDELINES AND REGULATIONS
162 Guidelines re payday loan agreements
163 (1) Regulations
(2) Scope and application of regulation
(3) Regulations about Internet payday loans
THE PUBLIC UTILITIES BOARD
164 (1) "Board" defined
(2) Review within 3 years
(3) Public consultation
(4) Form of consultation
(5) Rules of evidence
(6) Participant's costs
(7) Advisers to the board
(8) Report to minister
(9) Board to publish its report
(10) Board's costs
164.1 (1) Minister may seek advice
(2) Further reviews
164.2 Limited application of Public Utilities Board Act
PART XIX
GOVERNMENT CHEQUE CASHING FEES
165 Definitions
166 Prohibition against unauthorized fees
167 (1) Definition of "payer"
(2) Consequences of failure to comply
168 (1) Regulations
(2) Application of regulation
169 (1) "Board" defined
(2) Board to set maximum amount of fee
(3) What the board may consider
(4) Order to be just and reasonable
(5) Periodic review
(6) Review on changed circumstances
(7) Notice and hearing
(8) Board may determine status
(9) Costs of intervener payable by government
(10) Application of The Regulations Act
(11) Application of Public Utilities Board Act
PART XX
PREPAID PURCHASE CARDS
170 Definition
171 (1) No expiry date
(2) Valid until redeemed or replaced
172 Information to be provided
173 Regulations
PART XXI
NEGATIVE OPTION MARKETING
DEFINITIONS
174 (1) Definitions
(2) When negative option marketing does not occur
(3) Request not inferred
OBLIGATIONS AND RIGHTS
175 Negative option marketing prohibited
176 (1) No consumer liability
(2) No consumer obligation re use, etc.
177 (1) Consumer's remedy: refund
(2) Supplier must refund
MATERIAL CHANGE IN PERIODIC SUPPLY OF GOODS OR SERVICES
178 (1) Material change deemed negative option marketing
(2) Establishing consent
(3) When consent not established
(4) "Material change" described
APPLICATION OF THIS PART
179 Application of this Part
PART XXII
CONTRACTS FOR CELL PHONE SERVICES
INTERPRETATION AND APPLICATION
180 Definitions
181 (1) Application of this Part
(2) Application to existing contracts that are extended or renewed
(3) Exception — prepaid cell phone services
182 Interpretation — amendment of a contract
CONTRACT REQUIREMENTS
183 (1) Contract must be in writing
(2) Copy of contract to be given to customer before contract is made
(3) Copy of contract to be given to customer after contract is made
(4) Exception — contracts not made in person
184 (1) Definition of "minimum monthly cost"
(2) Minimum monthly cost to be expressed on a monthly basis
185 (1) Information to be set out clearly and prominently at the beginning of the contract
(2) Minimum monthly cost, etc., must not reflect temporarily reduced amounts
ADVERTISING IN RELATION TO CONTRACTS
186 (1) Advertised price must include the minimum monthly cost
(2) Advertisement must emphasize the minimum monthly cost
ADDITIONAL OR EXTENDED WARRANTIES — INFORMATION TO BE PROVIDED IN ADVANCE
187 Information supplier must provide before offering additional or extended warranty
UNILATERAL AMENDMENT OF A CONTRACT
188 Definitions
189 Supplier cannot unilaterally amend a material term or provision of a contract
190 (1) Limits on unilateral amendment of a non-material term or provision
(2) Requirements — unilateral amendment of a non-material term or provision
(3) Amendment is not negative option marketing
191 (1) Customer may cancel contract without penalty if material term or provision unilaterally amended
(2) unilateral amendment of a non-material term or provision
192 Exception — amendments required by law
193 (1) Exception — indeterminate contracts
(2) Requirements for indeterminate contracts
(3) Subsection applies to both material and non-material amendments of an indeterminate contract
194 (1) Exception — contract authorizes unilateral amendment that benefits customer, etc.
(2) Exception — unilateral amendment that benefits customer, etc.
(3) Notice to customer of amendment
195 Acceptance of amendment is not consent to other changes
CANCELLATION OF CONTRACT BY CUSTOMER
196 (1) Customer may cancel contract at any time
(2) Cancellation rights in addition to other rights
197 Limits on charges when customer cancels contract
198 (1) Cancellation fees for contracts with a fixed term
(2) Fixed term contract — cell phone provided
(3) Fixed term contract — no cell phone provided
199 (1) Cancellation fees for indeterminate contracts
(2) Indeterminate contract — cell phone provided
(3) Indeterminate contract — no cell phone provided
CONTRACT EXPIRY AND EXTENSION
200 (1) Customer to be notified contract expiry date is near
(2) Exceptions
201 (1) Automatic monthly extensions
(2) All fees, charges, etc. prohibited
(3) Contract extension is not negative option marketing
SECURITY DEPOSITS
202 (1) Contract not to be cancelled if security deposit exceeds amount of debt
(2) Supplier to notify customer on using security deposit
203 Return of security deposit
EQUIPMENT REPAIRS
204 (1) No payment for services not received due to equipment repair
(2) Exception if damage caused by customer
PAPER BILLS
205 Paper bills at customer's request
RECORDS
206 Records to be kept
207 (1) Officials may require information
(2) Duty to provide information
OTHER MATTERS
208 (1) Information must be clear, understandable and prominently displayed
(2) Interpretation of ambiguous statement
209 Attempt to affect jurisdiction void and of no effect
GUIDELINES, REGULATIONS AND REVIEW
210 Guidelines for contracts and other documents
211 (1) Regulations
(2) Regulations about Internet cell phone contracts
(3) Scope and application of regulation