C.C.S.M. c. C200
The Consumer Protection Act
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(2) | Repealed |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2 | Repealed |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 |
(1) and (2) | Repealed |
(3) | Retention of records |
(4) | Information confidential |
(5) | Exception |
(6) and (7) | Repealed |
74(1) | Inquiry by director |
(2) to (4) | Repealed |
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 | Repealed |
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 | Repealed |
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 |
93.1 | False information |
94 | |
94.1 | |
95 | |
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 — administrative penalties |
97.4 | Scope and application of regulations |
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 | Repealed |
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 | |
COMPLIANCE AND ENFORCEMENT | |
RECORDS | |
135.1(1) | Officials may require records |
(2) | Duty to provide information |
INSPECTIONS | |
135.2(1) | General authority to inspect |
(2) | Right of entry |
(3) | Entry into dwelling only with consent or warrant |
(4) | Identification to be shown |
(5) | Assistance to inspector |
(6) | Electronic records |
(7) | Inspector may make copies |
(8) | Inspector may remove records to make copies |
(9) | Obstruction |
135.3 | Copies as evidence |
135.4(1) | Warrant to enter and inspect |
(2) | Application without notice |
135.5 | Records to be made available for inspection, etc. |
ORDERS | |
135.6(1) | Order for compliance |
(2) | Contents of order |
(3) | What a person may be required to do |
(4) | Duty to comply |
135.7(1) | Service of order |
(2) | Deemed receipt |
(3) | Actual notice is sufficient |
135.8(1) | Appeal of compliance order |
(2) | How to appeal |
(3) | Court's decision |
135.9 | Public disclosure |
135.10(1) | Court-ordered compliance |
(2) | Order |
135.11 | Injunction |
135.12(1) | Application re order to pay costs |
(2) | Circumstances in which director may charge costs |
(3) | Costs that may be charged |
(4) | Service of order, etc. |
(5) | Appeal of costs order |
(6) | Costs are a debt |
(7) | Certificate |
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 |
PENALTIES FOR OFFENCES | |
136.1(1) | Offence |
(2) | Restitution |
(3) | Order filed in court |
(4) | Person must pay restitution ordered |
136.2 | Directors and officers of corporations |
136.3 | Limitation period for complaint |
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 |
158 | Repealed |
159 | Repealed |
160 and 161 | Repealed |
161.1 | Repealed |
161.2 | Repealed |
161.3 | Repealed |
161.4 | Repealed |
161.5 | Repealed |
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 | Repealed |
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 |
PART XXIII | |
MOTOR VEHICLE WORK AND REPAIRS | |
212 | Definitions |
213(1) | Non-application |
(2) | Same meaning |
214(1) | Estimate |
(2) | Exception |
(3) | Application |
215(1) | Fee may be charged for preparing estimate |
(2) | Items included in fee |
216 | Authorization required |
217(1) | Exceeding estimate restricted |
(2) | Consequence of failure to comply |
218(1) | Authorization not in writing |
(2) | Additional work or repairs require estimate and authorization |
219 | Posting signs |
220(1) | Return of parts |
(2) | Parts kept separate |
(3) | Exception |
221 | Invoice |
222(1) | Warranty |
(2) | Term of warranty |
(3) | Calculating time period |
(4) | Loss of warranty |
(5) | Repairer and subcontractor jointly and severally liable under warranty |
(6) | Additional warranty |
223 | Records to be kept |
224 to 227 | Repealed |
228(1) | Regulations |
(2) | Scope and application of regulations |