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C.C.S.M. c. C200
The Consumer Protection Act
| PART I | |
| INTERPRETATION AND APPLICATION | |
| 1(1) | Definitions |
| (2) | |
| (3) | Registered common-law relationship |
| (4) | Reference to "Act" includes regulations |
| 2 | |
| 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 | |
| PART IX | |
| CONSUMERS' BUREAU | |
| 70 | Bureau continued |
| 71 | Administration of bureau |
| 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 and penalty |
| (2) | Compensation order |
| (3) | Filing of order in court |
| 94.1 | Directors and officers of corporations |
| 95 | Limitation period for complaint |
| 96 | Agreements waiving benefits |
| 97 | Regulations by L.G. in C. |
| 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 bureau |
| 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 | |
| PART XIV | |
| 118 to 120 | |
| 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 | |
| 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 |
| 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 |