C.C.S.M. c. C200
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| PART I
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| INTERPRETATION AND APPLICATION
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| 1(1)
| Definitions
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| (2)
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| (3)
| Registered common-law relationship
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| (4)
| Reference to "Act" includes regulations
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| 2
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| 3
| Application of Act
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| PART II
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| CREDIT AGREEMENTS AND LEASES: COST OF CREDIT
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| DIVISION 1
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| GENERAL PROVISIONS
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| APPLICATION OF PART II
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| 4(1)
| Credit agreements for non-business purposes
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| (2)
| Leases for non-business purposes
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| (3)
| Exceptions to subsections (1) and (2)
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| (4)
| Credit agreements and hire-purchases for business purposes
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| (5)
| Reliance on signed statement of purpose
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| 5
| Certain credit agreements exempt from this Part
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| COST OF CREDIT
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| 6(1)
| Value received by borrower
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| (2)
| Limitation re value received
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| (3)
| Value given by borrower
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| (4)
| Payments re tax account not to be considered
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| GENERAL DISCLOSURE REQUIREMENTS
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| 7
| Requirement to disclose information
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| 8
| Form of disclosure statement
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| 9
| Information based on estimate or assumption
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| 10
| Time of delivery: delivery by mail
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| 11(1)
| Application of section
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| (2)
| Time for delivery: initial disclosure statement
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| (3)
| Sufficient disclosure — more than one borrower
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| 12(1)
| Initial disclosure statement for a mortgage
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| (2)
| Determining number of days
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| (3)
| Person entitled to disclosure may waive time period
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| (4)
| Charges that do not trigger time period
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| 13(1)
| Disclosure in advertising to be prominent
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| (2)
| Prominence of APR disclosure
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| (3)
| APR for representative transaction
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| 14(1)
| Advertising interest-free periods
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| (2)
| Grace period conditions
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| (3)
| Failure to disclose
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| 15
| No interest on deferred payment
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| 16
| Right to accounting
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| 17(1)
| Inconsistency between disclosure statement and contract
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| (2)
| If remedy under section 56 also available
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| PREPAYMENT
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| 18(1)
| Application of sections 18 to 20
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| (2)
| Prepayment of outstanding balance
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| (3)
| Refund of non-interest finance charge: fixed credit
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| (4)
| Borrower not liable for unearned interest
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| (5)
| Surrender of security
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| 19
| Partial prepayment
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| 20
| Statement of outstanding balance
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| BROKERS
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| 20.1(1)
| No advance payment to brokers
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| (2)
| Return of advance payment
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| 20.2(1)
| Disclosure by broker
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| (2)
| Disclosure of brokerage fee
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| (3)
| Failure to disclose
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| (4)
| Refund of brokerage fee
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| 20.3(1)
| Application
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| (2)
| Broker to provide initial disclosure statement
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| (3)
| Failure to provide initial disclosure statement
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| 20.4
| Partner, director jointly liable
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| 20.5(1)
| Application
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| (2)
| Brokerage fee deducted from advance
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| (3)
| Credit grantor to ensure accuracy of disclosure
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| INSURANCE
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| 21(1)
| Choice of insurer
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| (2)
| Disclosure of borrower's right to choose insurer
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| 22(1)
| Proof of insurance
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| (2)
| Liability for insurance premium
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| OPTIONAL SERVICES
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| 23(1)
| Borrower may cancel optional service
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| (2)
| Notice period for cancellation
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| 24(1)
| Liability and refund
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| (2)
| Regulations re refund
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| SECURITY FOR CREDIT SALES
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| 25(1)
| Failure to describe collateral for credit sale
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| (2)
| Application to court to correct description of collateral
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| (3)
| Court may authorize correction
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| (4)
| Effect of correction
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| 26
| Collateral limited to goods sold
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| ASSIGNEES AND GUARANTORS
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| 27(1)
| Assignee of borrower's rights
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| (2)
| Reservation of rights
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| (3)
| Assignee's obligations fixed by court
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| 28
| Guarantor of borrower's obligations
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| 29(1)
| Assignee of credit grantor's rights
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| (2)
| Limit to borrower's claim against assignee
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| (3)
| Effect of cancellation
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| (4)
| Set-off for breach of condition or warranty
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| (5)
| Maximum amount of set-off
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| 30(1)
| Notice to assignee of credit agreement re credit sale
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| (2)
| Innocent assignee's exemption from liability
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| (3)
| Onus on assignee
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| 31(1)
| Exemption from liability
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| (2)
| Reliance on borrower's acknowledgment
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| 32
| Assignment of promissory note
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| RELIEF AGAINST ACCELERATION AND FORFEITURE
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| 33(1)
| Application of sections 33.1 to 33.8
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| (2)
| Definition
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| 33.1
| Default charges: monetary obligations
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| 33.2(1)
| Acceleration on default
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| (2)
| Restrictions on acceleration
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| (3)
| Default after extension
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| (4)
| Meaning of "payments in default"
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| (5)
| Acceleration provisions continue in effect
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| 33.3
| Other penalties void
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| 33.4
| Default charges: non-monetary obligations
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| 33.5
| Relief against acceleration, seizure and forfeiture
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| 33.6(1)
| Absolute discretion of creditor
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| (2)
| Powers to preserve security
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| (3)
| Relief against powers
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| 33.7
| Granting relief
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| 33.8(1)
| Staying of seizure or action
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| (2)
| Return of seized goods where default remedied
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| DIVISION 2
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| FIXED CREDIT
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| 34
| Application of this Division
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| CREDIT SALES
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| 34.1
| Credit sales must have scheduled payments
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| DISCLOSURE IN ADVERTISING
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| 34.2(1)
| Disclosure of term and APR
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| (2)
| Disclosure of cash price
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| (3)
| Disclosure of cost of credit
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| (4)
| Disclosure for representative transaction
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| DISCLOSURE STATEMENTS
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| 34.3
| Initial disclosure statement
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| 34.4(1)
| Periodic disclosure: floating interest rate
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| (2)
| Disclosure: increase in non-floating interest rate
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| (3)
| Failure to disclose increase within 30 days
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| 34.5(1)
| Additional disclosure: amendments
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| (2)
| When additional disclosure not required
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| 34.6
| Notice that payments will not cover interest
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| RENEWAL OF CREDIT AGREEMENTS OTHER THAN MORTGAGES
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| 34.7(1)
| Application of section
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| (2)
| Renewing a credit agreement
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| MORTGAGE RENEWAL
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| 34.8(1)
| Notice of mortgage renewal
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| (2)
| Disclosure on mortgage renewal
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| (3)
| Terms of renewed mortgage differ from disclosure statement
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| (4)
| Borrower may prepay if no disclosure or incomplete
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| (5)
| Borrower may prepay if improper disclosure
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| (6)
| Charges related to renewal to be refunded
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| DIVISION 3
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| OPEN CREDIT
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| 35
| Application of this Division
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| DISCLOSURE IN ADVERTISING
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| 35.1
| Disclosure: advertisement for open credit
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| DISCLOSURE STATEMENTS
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| 35.2
| Contents of initial disclosure statement
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| 35.3(1)
| Frequency of statements of account
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| (2)
| Disclosure in statement of account
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| (3)
| Description of transaction
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| CREDIT CARDS
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| 35.4(1)
| No issuance of unsolicited credit cards
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| (2)
| Onus of proof
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| 35.5(1)
| Rates and fees to be disclosed in solicitation
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| (2)
| Application for credit card
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| (3)
| Time of disclosure
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| (4)
| Requirement for initial disclosure statement
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| 35.6
| Time of entering into credit agreement
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| 35.7(1)
| Prior notice of change in information
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| (2)
| Other notice of changes
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| 35.8(1)
| Liability for unauthorized use of lost or stolen card
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| (2)
| Regulations may exempt transactions
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| (3)
| Liability for unauthorized use of credit card information
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| (4)
| Form of notice
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| (5)
| Onus of proof
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| 35.9(1)
| Surrender of credit card
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| (2)
| Holder not liable after surrender of card
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| DIVISION 4
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| LEASES
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| GENERAL PROVISIONS
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| 36
| Definitions
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| 37
| Application of this Division
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| DISCLOSURE IN ADVERTISING
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| 38(1)
| Lease advertising
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| (2)
| Representative transaction
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| (3)
| Advertising in prescribed medium
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| (4)
| Records to be kept for three months
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| (5)
| Director entitled to copy of record
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| DISCLOSURE STATEMENTS
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| 39(1)
| Initial disclosure statement
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| (2)
| Additional disclosure: amendments
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| (3)
| Additional disclosure not required
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| 40
| Maximum residual obligation determined by regulation
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| 41
| Effect of remedying default
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| DIVISION 5
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| DEFAULT
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| GENERAL PROVISIONS
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| 42
| Application of Division
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| 43(1)
| Rights and remedies cumulative
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| (2)
| Conflict
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| SEIZURE AND SALE
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| 44(1)
| Restriction on seizure if less than 25% owing
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| (2)
| Application without notice
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| (3)
| Notice to borrower
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| (4)
| Application to set aside order made without notice
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| 45(1)
| Notice of seizure
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| (2)
| Notice of sale
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| (3)
| Combined notice
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| (4)
| Notice to persons other than the borrower
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| CREDIT SALES
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| 46
| Demand payments prohibited
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| 47(1)
| Credit grantor may sue or seize
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| (2)
| Credit grantor's rights restored
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| 48(1)
| Judgment extinguishes security interest
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| (2)
| Seizure to enforce judgment
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| (3)
| Relief from acceleration
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| 49
| Exemption: goods not found
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| 50(1)
| Right of recovery: goods destroyed or damaged
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| (2)
| Right of recovery: removed or replaced goods
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| SALE OF REPOSSESSED GOODS OR COLLATERAL
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| 51(1)
| Sale of repossessed goods or collateral
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| (2)
| Price for resale of collateral
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| (3)
| Payment of excess
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| (4)
| Charge of overhead
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| (5)
| Retention in lieu of resale
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| DIVISION 6
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| COMPENSATION AND PENALTIES
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| 52(1)
| Remedies are cumulative
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| (2)
| Provisions apply to lessors and brokers
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| 53
| Refund of payments
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| 54(1)
| Compensation
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| (2)
| Set-off or recovery of compensation
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| 55(1)
| Rebate of part of cost of credit
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| (2)
| Rights preserved
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| 56(1)
| Incorrect disclosure statement
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| (2)
| Director's order re contravention
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| (3)
| Mistake in interest rate or APR
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| (4)
| Mistake in other statements
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| (5)
| Grounds for order under subsection (3) or (4)
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| (6)
| Appeal of director's order
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| (7)
| Court's power on appeal
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| DIVISION 7
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| TRANSITIONAL APPLICATION OF PART II
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| 57(1)
| Transitional application of Part II
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| (2)
| Orders re application
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| PART VI
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| STATUTORY WARRANTIES ON RETAIL SALES
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| 58(1)
| Warranties on sale
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| (2)
| Statement of conditions
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| (3)
| Statements relating to goods on credit sales
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| (4)
| Statements relating to goods in cash sales
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| (5)
| Merchantable quality
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| (6)
| Condition as to services
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| (7)
| Effect on other conditions
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| (8)
| Express warranty
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| (9)
| Seller to provide record
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| (10)
| Mediation of warranty disputes
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| 58.1
| Personal liability of seller
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| 58.2(1)
| Warranty contract liability
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| (2)
| Sales person not liable
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| PART VII
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| DIRECT SELLERS
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| 59(1)
| Application of Part
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| (2)
| Certain types of sales subject to Part
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| (3)
| Place of conclusion of sale
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| (4)
| Address for service
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| 60(1)
| Where Part not to apply
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| (2)
| Certain selling practices prohibited
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| (3)
| Prohibition against premiums, etc.
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| 61(1)
| Requirements of written agreement
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| (2)
| Requirements re oral agreement
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| 62(1)
| Cancellation within 10 days
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| (2)
| Other cancellation rights
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| (3)
| Accepting delivery after 30 days
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| (4)
| Relief against cancellation
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| (5)
| Cancellation rights in addition to other rights
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| (6)
| Cancellation of sale on credit
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| 63(1)
| Notice of cancellation
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| (2)
| Method of giving notice
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| (3)
| Adequacy of wording
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| (4)
| Effective date of cancellation
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| (5)
| Address for service
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| 64(1)
| Effect of cancellation
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| (2)
| Negotiation of new agreement
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| 65(1)
| Rights of cancellation
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| (2)
| Where goods not intact
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| (3)
| Buyer's lien on cancellation
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| PART VIII
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| 66 to 69
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| PART IX
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| CONSUMERS' BUREAU
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| 70
| Bureau continued
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| 71
| Administration of bureau
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| 72
| Duties of director
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| 72.1(1)
| Designation of consumer services officers
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| (2)
| Authority of officer
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| 73(1)
| Investigation of complaints
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| (2)
| Access to documents
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| (3)
| Retention of records
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| (4)
| Information confidential
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| (5)
| Exception
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| (6)
| Authority for access
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| (7)
| Where order may be issued
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| 74(1)
| Inquiry by director
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| (2)
| Restraining order
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| (3)
| Service of order on person
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| (4)
| Service of order
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| PART X
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| LICENSING
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| 75(1)
| Licensing of vendors
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| (2)
| Licensing of direct sellers
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| (3)
| Use of unlicensed direct seller
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| (4)
| Licence in one name only
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| (5)
| Alternative to direct seller licensing
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| 76(1)
| Licensing of collection agencies
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| (2)
| Employees of collection agents
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| 77(1)
| Granting and renewal of licences
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| (2)
| Annual licences
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| 78(1)
| Refusal to grant licence
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| (2)
| Direct sellers' licences
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| (3)
| Conditions of licences
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| (4)
| Special condition re officers of licensee
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| (5)
| Partnerships licensed
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| (6)
| Alteration of partnership
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| (7)
| Change of address
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| (8)
| Service at address of licensee
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| 79(1)
| Refusal to renew licence
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| (2)
| Refusal on ground of circumstances
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| 80(1)
| Reasons for refusal of licence
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| (2)
| Reasons for imposing conditions and restrictions
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| 81(1)
| Licence not assignable
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| (1.1)
| Registration not assignable
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| (2)
| Authority of vendor's licence
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| (3)
| Authority of direct sellers license
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| (3.1)
| Director may limit number
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| (4)
| Class of business transactions
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| (5)
| Vendors to be principal of direct sellers
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| (6)
| Principal to be named in licence
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| (7)
| Direct seller acting for vendor
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| (8)
| Cancellation of direct seller's licence
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| 82
| Licence required
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| 83(1)
| Warning of cancellation
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| (2)
| Exception
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| 84(1)
| Notice of cancellation
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| (2)
| Contents of notice of cancellation
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| (3)
| Cancellation of licence
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| (4)
| Effect of cancellation of vendor's licence
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| 85(1)
| Appeal from decision of director
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| (2)
| Director to comply with court order
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| 86(1)
| Application to court re warning
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| (2)
| Stay of further notices
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| 87(1)
| Appeal of cancellation
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| (2)
| Time for filing appeal
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| (3)
| Where appeal allowed
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| (4)
| Dismissal of appeal
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| 88(1)
| Determination of fact by court
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| (2)
| Director as respondent
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| (3)
| Court may substitute its opinion
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| 89(1)
| Bond for collection agent
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| (2)
| Smaller bond
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| (3)
| Change in officers of collection agent
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| (4)
| Cancellation of bond
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| (5)
| Suspension of licence
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| (6)
| Where bond cancelled
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| 90(1)
| Bond for vendors
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| (2)
| Reasons for amount of bond
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| (3)
| Rights of government under bond
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| (4)
| Forfeiture of bond
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| (5)
| Sale of collateral to bond
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| (6)
| Payment of moneys recovered under bond
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| (7)
| Disposition of unexpended moneys
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| 91(1)
| Appeal of decision of director
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| (2)
| Form of appeal
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| PART XI
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| GENERAL PROVISIONS
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| 92
| Protection from liability
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| 93
| Advertising licence prohibited
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| 94(1)
| Offence and penalty
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| (2)
| Compensation order
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| (3)
| Filing of order in court
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| 94.1
| Directors and officers of corporations
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| 95
| Limitation period for complaint
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| 96
| Agreements waiving benefits
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| 97
| Regulations by L.G. in C.
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| 97.1
| Regulations for Part VII
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| 97.2
| Regulations for Part XVI
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| 97.3
| Regulations for Part XVII
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| PART XII
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| COLLECTION PRACTICES
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| 98
| Prohibitions
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| 99
| Further meaning of debtor
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| 100(1)
| Leave to seize
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| (2)
| Section 45 does not apply to seizure
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| 101(1)
| Penalty for wrongful collection
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| (2)
| Action on wrongful possession
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| 102(1)
| Restriction on use of name
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| (2)
| Use of unlicensed collection agents
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| (3)
| Use of collection agent by another collection agent
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| 103(1)
| Limitations on benefits from business
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| (2)
| Collection of double fees prohibited
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| 104
| Use of forms
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| 105
| Employees
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| 106
| Registration of certain persons with the bureau
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| 106.1
| Restriction on use of name by collector
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| 107
| Proper records
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| 108(1)
| Trust account
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| (2)
| Withdrawals from trust account
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| 109(1)
| Appointment of auditors
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| (2)
| Submission of audited statements
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| 110(1)
| Accounting to client for collections
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| (2)
| Accounting for seized goods or chattels
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| (3)
| Liability for care of seized goods or chattels
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| (4)
| Disclosure of actions
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| (5)
| Surrender of documents
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| (6)
| Application of subsection (5)
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| 111(1)
| Failure to locate creditor
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| (2)
| Disposal of moneys
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| (3)
| Application of the Part
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| 112
| Verification of information
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| PART XIII
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| 113 to 117
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| PART XIV
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| 118 to 120
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| PART XV
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| PREPAID SERVICES
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| 121
| Definitions
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| 122(1)
| Application
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| (2)
| Exception
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| (3)
| Existing contracts
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| 123(1)
| Written contract
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| (2)
| Cancellation within 7 days
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| (3)
| Statement required in contract
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| (4)
| Effect of cancellation
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| (5)
| Negotiation of new contract
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| (6)
| Rights of cancellation
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| (7)
| Reckoning of Time
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| (8)
| Refund
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| 124(1)
| Prohibition
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| (2)
| Repayment
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| 125(1)
| Maximum term
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| (2)
| Fee payable by instalments
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| (3)
| Refund
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| 126
| No provision for renewal
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| PART XVI
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| INTERNET AGREEMENTS
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| 127
| "Internet" defined
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| 128
| Application
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| 129(1)
| Buyer may cancel if not provided information
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| (2)
| Electronic methods of providing information
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| 130(1)
| Buyer may cancel for failure to deliver
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| (2)
| Attempted delivery
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| 131
| Court may provide relief against cancellation
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| 132(1)
| Notice of cancellation
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| (2)
| Method of giving notice
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| (3)
| Wording of notice of cancellation
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| (4)
| Effective date of cancellation
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| 133(1)
| Effect of cancellation
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| (2)
| Delivery of services after cancellation
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| (3)
| Delivery of goods after cancellation
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| (4)
| Seller must accept return of goods
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| (5)
| Seller responsible for cost of returning goods
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| (6)
| Effective date of return
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| 134(1)
| Buyer's recourse re credit card charges
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| (2)
| Credit card issuer must reverse or cancel charges
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| (3)
| Application
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| 135
| Other rights not affected
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| PART XVII
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| ADMINISTRATIVE PENALTIES
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| 136(1)
| Administrative penalty: failure to comply
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| (2)
| Maximum amount
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| (3)
| Notice
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| (4)
| Serving the notice
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| (5)
| Appeal to the director
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| (6)
| Notice of hearing
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| (7)
| Decision of the director
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| (8)
| Appeal to court
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| (9)
| Director is a party
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| (10)
| Decision of court
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| (11)
| Payment
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| (12)
| Debt due to government
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| (13)
| Certificate registered in court
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| (14)
| No offence to be charged if penalty paid
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| (15)
| Public disclosure of administrative penalties
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|
| PART XVIII
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|
| PAYDAY LOANS
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| 137
| Definitions
|
| 138(1)
| Application
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| (2)
| Limited application to existing loans
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| LICENSING
|
| 139
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| 140(1)
| Application for licence or renewal of licence
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| (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
|
| 147
|
|
| 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
|
| 152 to 154
|
|
| 154.1
| Discounting prohibited
|
| 154.2
| Tied selling restricted
|
| 155
| Joint liability for refund
|
| 156
|
|
| 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
|
|
| 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
|
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