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The Business Practices Act

C.C.S.M. c. B120

The Business Practices Act

1 Definitions
PART I
UNFAIR BUSINESS PRACTICES
2 (1) Deceiving or misleading
(2) General impression
(3) Deemed unfair business practices
3 (1) Taking advantage, using undue pressure
(2) Deemed unfair business practices
(3) Factors to consider
3.1 Renegotiation of price, etc.
4 Privity of contract
5 Unfair business practices prohibited
6 (1) Unfair business practices of employees
(2) Unfair business practices of employees prohibited
(3) Liability of both supplier and employee
7 Time of occurrence
8 Single act
9 (1) Advertising
(2) Repealed
PART II
ADMINISTRATION AND ENFORCEMENT
10 Appointment of director
11 Delegation
12 Appointment of experts
13 Duties and powers of director
14 (1) Mediation
(2) Refusal to mediate
14.1 (1) 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
14.2 Copies as evidence
14.3 (1) Warrant to enter and inspect
(2) Application without notice
15 General authority to investigate
16 (1) Warrant for search and seizure
(2) Application without notice
17 (1) Receipt for documents retained
(2) Documents to be returned
(3) Concealing or destroying documents
18 (1) Order to cease committing unfair business practice
(1.1) Order takes effect in 14 days
(2) Service of order
(3) Appeal to court
(4) Court order on appeal
(5) Parties
(6) Burden of evidence
19 (1) Order where money received
(2) Order to be reasonable
(3) Variation of order
(4) Payment into court
(5) Renewal of order
(6) Bond in lieu of order
(7) Forfeiture of bond or security
20 (1) Assurance of voluntary compliance
(2) Forfeiture of security
(3) Appeal from forfeiture
(4) Payment of monies
(5) Disposition of unexpended moneys
(6) Bond of person other than supplier
(7) Director may issue order, apply to court
21 Injunction
22 Investigation by order of minister
PART III
RIGHT OF ACTION
23 (1) Action by consumer
(2) Court order
(3) Factor to be considered
(4) Exemplary or punitive damages
24 (1) Action by director for consumer
(2) Conditions for action by director
(3) Court order
(4) Parties
25 Assignees
PART IV
GENERAL
26 (1) Information confidential
(2) Exception
(3) Exception — communication of information
27 Evidence not compellable
28 Release of rights void
28.1 Requesting or requiring consumers to waive, release or limit rights prohibited
29 Other remedies
30 Transitional
31 Protection from liability
32 (1) Regulations
(2) Public consultation
(3) Repealed
33 (1) Offence and penalty
(1.1) Order filed in court
(2) Officers and directors
(3) Limitation
(4) Repealed
34 Reference in Continuing Consolidation
35 Coming into force