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)
| Repealed
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|
| (3)
| Registered common-law relationship
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|
| (4)
| Reference to "Act" includes regulations
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| 2
|
| Repealed
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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
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| 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
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| Requirement to disclose information
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| 8
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| Form of disclosure statement
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| 9
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| Information based on estimate or assumption
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| 10
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| 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
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| No interest on deferred payment
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| 16
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| 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
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| Partial prepayment
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| 20
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| Other penalties void
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| 33.4
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| Default charges: non-monetary obligations
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| 33.5
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| 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
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| 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
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| Application of this Division
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| CREDIT SALES
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| 34.1
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| 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
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| 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
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| 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
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| Disclosure: advertisement for open credit
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| DISCLOSURE STATEMENTS
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| 35.2
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| 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
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| 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
|
| 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
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| 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
|
| 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
|
| 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
|
|
| (2)
| Certain types of sales subject to Part
|
|
| (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
|
|
| (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
|
| 66 to 69
|
| Repealed
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| PART IX
|
| CONSUMER PROTECTION OFFICE
|
| 70
|
| Consumer Protection Office
|
| 71
|
| Administration of office
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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
|
| 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
|
|
| (2)
| Annual licences
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| 78
| (1)
| Refusal to grant licence
|
|
| (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
|
|
| (7)
| Change of address
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|
| (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
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|
| (3.1)
| Director may limit number
|
|
| (4)
| Class of business transactions
|
|
| (5)
| Vendors to be principal of direct sellers
|
|
| (6)
| Principal to be named in licence
|
|
| (7)
| Direct seller acting for vendor
|
|
| (8)
| Cancellation of direct seller's licence
|
| 82
|
| Licence required
|
| 83
| (1)
| Warning of cancellation
|
|
| (2)
| Exception
|
| 84
| (1)
| Notice of cancellation
|
|
| (2)
| Contents of notice of cancellation
|
|
| (3)
| Cancellation of licence
|
|
| (4)
| Effect of cancellation of vendor's licence
|
| 85
| (1)
| Appeal from decision of director
|
|
| (2)
| Director to comply with court order
|
| 86
| (1)
| Application to court re warning
|
|
| (2)
| Stay of further notices
|
| 87
| (1)
| Appeal of cancellation
|
|
| (2)
| Time for filing appeal
|
|
| (3)
| Where appeal allowed
|
|
| (4)
| Dismissal of appeal
|
| 88
| (1)
| Determination of fact by court
|
|
| (2)
| Director as respondent
|
|
| (3)
| Court may substitute its opinion
|
| 89
| (1)
| Bond for collection agent
|
|
| (2)
| Smaller bond
|
|
| (3)
| Change in officers of collection agent
|
|
| (4)
| Cancellation of bond
|
|
| (5)
| Suspension of licence
|
|
| (6)
| Where bond cancelled
|
| 90
| (1)
| Bond for vendors
|
|
| (2)
| Reasons for amount of bond
|
|
| (3)
| Rights of government under bond
|
|
| (4)
| Forfeiture of bond
|
|
| (5)
| Sale of collateral to bond
|
|
| (6)
| Payment of moneys recovered under bond
|
|
| (7)
| Disposition of unexpended moneys
|
| 91
| (1)
| Appeal of decision of director
|
|
| (2)
| Form of appeal
|
| PART XI
|
| GENERAL PROVISIONS
|
| 92
|
| Protection from liability
|
| 93
|
| Advertising licence prohibited
|
| 94
| (1)
| Offence
|
|
| (2)
| Restitution
|
|
| (3)
| Order filed in court
|
|
| (4)
| Person must pay restitution ordered
|
| 94.1
|
| Directors and officers of corporations
|
| 95
|
| Limitation period for complaint
|
| 96
|
| Agreements waiving benefits
|
| 97
| (1)
| Regulations by L.G. in C.
|
|
| (2)
| Regulations about Internet negative option marketing
|
| 97.1
|
| Regulations for Part VII
|
| 97.2
|
| Regulations for Part XVI
|
| 97.3
|
| Regulations for Part XVII
|
| PART XII
|
| COLLECTION PRACTICES
|
| 98
|
| Prohibitions
|
| 99
|
| Further meaning of debtor
|
| 100
| (1)
| Leave to seize
|
|
| (2)
| Section 45 does not apply to seizure
|
| 101
| (1)
| Penalty for wrongful collection
|
|
| (2)
| Action on wrongful possession
|
| 102
| (1)
| Restriction on use of name
|
|
| (2)
| Use of unlicensed collection agents
|
|
| (3)
| Use of collection agent by another collection agent
|
| 103
| (1)
| Limitations on benefits from business
|
|
| (2)
| Collection of double fees prohibited
|
| 104
|
| Use of forms
|
| 105
|
| Employees
|
| 106
|
| Registration of certain persons with the office
|
| 106.1
|
| Restriction on use of name by collector
|
| 107
|
| Proper records
|
| 108
| (1)
| Trust account
|
|
| (2)
| Withdrawals from trust account
|
| 109
| (1)
| Appointment of auditors
|
|
| (2)
| Submission of audited statements
|
| 110
| (1)
| Accounting to client for collections
|
|
| (2)
| Accounting for seized goods or chattels
|
|
| (3)
| Liability for care of seized goods or chattels
|
|
| (4)
| Disclosure of actions
|
|
| (5)
| Surrender of documents
|
|
| (6)
| Application of subsection (5)
|
| 111
| (1)
| Failure to locate creditor
|
|
| (2)
| Disposal of moneys
|
|
| (3)
| Application of the Part
|
| 112
|
| Verification of information
|
| PART XIII
|
| 113 to 117
|
| Repealed
|
| PART XIV
|
| 118 to 120
|
| Repealed
|
| PART XV
|
| PREPAID SERVICES
|
| 121
|
| Definitions
|
| 122
| (1)
| Application
|
|
| (2)
| Exception
|
|
| (3)
| Existing contracts
|
| 123
| (1)
| Written contract
|
|
| (2)
| Cancellation within 7 days
|
|
| (3)
| Statement required in contract
|
|
| (4)
| Effect of cancellation
|
|
| (5)
| Negotiation of new contract
|
|
| (6)
| Rights of cancellation
|
|
| (7)
| Reckoning of Time
|
|
| (8)
| Refund
|
| 124
| (1)
| Prohibition
|
|
| (2)
| Repayment
|
| 125
| (1)
| Maximum term
|
|
| (2)
| Fee payable by instalments
|
|
| (3)
| Refund
|
| 126
|
| No provision for renewal
|
| PART XVI
|
| INTERNET AGREEMENTS
|
| 127
|
| "Internet" defined
|
| 128
|
| Application
|
| 129
| (1)
| Buyer may cancel if not provided information
|
|
| (2)
| Electronic methods of providing information
|
| 130
| (1)
| Buyer may cancel for failure to deliver
|
|
| (2)
| Attempted delivery
|
| 131
|
| Court may provide relief against cancellation
|
| 132
| (1)
| Notice of cancellation
|
|
| (2)
| Method of giving notice
|
|
| (3)
| Wording of notice of cancellation
|
|
| (4)
| Effective date of cancellation
|
| 133
| (1)
| Effect of cancellation
|
|
| (2)
| Delivery of services after cancellation
|
|
| (3)
| Delivery of goods after cancellation
|
|
| (4)
| Seller must accept return of goods
|
|
| (5)
| Seller responsible for cost of returning goods
|
|
| (6)
| Effective date of return
|
| 134
| (1)
| Buyer's recourse re credit card charges
|
|
| (2)
| Credit card issuer must reverse or cancel charges
|
|
| (3)
| Application
|
| 135
|
| Other rights not affected
|
| PART XVII
|
| ADMINISTRATIVE PENALTIES
|
| 136
| (1)
| Administrative penalty: failure to comply
|
|
| (2)
| Maximum amount
|
|
| (3)
| Notice
|
|
| (4)
| Serving the notice
|
|
| (5)
| Appeal to the director
|
|
| (6)
| Notice of hearing
|
|
| (7)
| Decision of the director
|
|
| (8)
| Appeal to court
|
|
| (9)
| Director is a party
|
|
| (10)
| Decision of court
|
|
| (11)
| Payment
|
|
| (12)
| Debt due to government
|
|
| (13)
| Certificate registered in court
|
|
| (14)
| No offence to be charged if penalty paid
|
|
| (15)
| Public disclosure of administrative penalties
|
| PART XVIII
|
| PAYDAY LOANS
|
| 137
|
| Definitions
|
| 138
| (1)
| Application
|
|
| (2)
| Limited application to existing loans
|
| LICENSING
|
| 139
| (1)
| Licence required to provide payday loans
|
|
| (2)
| Use of name
|
| 140
| (1)
| Application for licence or renewal of licence
|
|
| (2)
| More than one licence required
|
|
| (3)
| Applicant to provide information
|
|
| (4)
| Licence fee
|
|
| (5)
| Bond or security required
|
| 141
| (1)
| Licence not transferable or assignable
|
|
| (2)
| Terms and conditions of licence
|
|
| (3)
| Duration of licence
|
|
| (4)
| Validity during consideration of renewal application
|
| 142
| (1)
| Refusal to issue licence
|
|
| (2)
| Where applicant is a corporation or partnership
|
|
| (3)
| Reasons for refusal
|
| 143
| (1)
| Refusal to renew, cancellation or suspension
|
|
| (2)
| Notice required
|
|
| (3)
| Extension of time
|
|
| (4)
| Where no submission made or hearing arranged
|
|
| (5)
| Decision after submission or hearing
|
|
| (6)
| When cancellation or suspension becomes effective
|
|
| (7)
| Reasons for decision
|
| 144
| (1)
| Appeal
|
|
| (2)
| How to appeal
|
|
| (3)
| Court's decision
|
| 145
| (1)
| Director may apply for injunction
|
|
| (2)
| Court may grant injunction
|
| 146
| (1)
| Giving of notices, etc. by the director
|
|
| (2)
| Deemed receipt
|
|
| (3)
| Actual notice is sufficient
|
| OBLIGATIONS AND PROHIBITIONS
|
| 147
| (1)
| Limit re cost of credit
|
|
| (2)
| Consequences of failure to comply
|
| 148
| (1)
| Documents to be given at time of initial advance
|
|
| (2)
| Documents and information must be clear
|
|
| (3)
| Interpretation of ambiguous statement
|
| 148.1
| (1)
| Cash card
|
|
| (2)
| Balance applied to repayment
|
| 149
| (1)
| Borrower may cancel within 48 hours
|
|
| (2)
| Additional cancellation rights
|
|
| (3)
| "Payday lender" defined
|
|
| (4)
| Procedure for cancelling loan
|
|
| (5)
| Form of repayment
|
|
| (6)
| Payday lender to give receipt
|
|
| (7)
| Effect of cancellation
|
|
| (8)
| No fee on cancellation
|
|
| (9)
| Refund to borrower on cancellation of loan
|
|
| (10)
| Cancellation rights in addition to other rights
|
| 150
|
| No security to be taken
|
| 151
| (1)
| Wage assignments not valid
|
|
| (2)
| Requesting or requiring wage assignment prohibited
|
|
| (3)
| "Assignment of wages" defined
|
| 151.1
| (1)
| Maximum amount of loan
|
|
| (2)
| Consequence of failure to comply
|
| 152
| (1)
| Limit on charges for extension or renewal of term or for replacement loan
|
|
| (2)
| Consequences of failure to comply
|
| 153
| (1)
| Limit to amounts payable for default
|
|
| (2)
| Consequences of failure to comply
|
| 154
| (1)
| Concurrent loans prohibited
|
|
| (2)
| Consequences of failure to comply
|
| 154.1
|
| Discounting prohibited
|
| 154.2
|
| Tied selling restricted
|
| 155
|
| Joint liability for refund
|
| 156
|
| Information to be posted
|
| 157
|
| Records to be kept
|
| INSPECTIONS
|
| 158
|
| Records to be made available for inspection, etc.
|
| 159
| (1)
| General authority to inspect
|
|
| (2)
| Right of entry
|
|
| (3)
| Identification to be shown
|
|
| (4)
| Assistance to officer or authorized person
|
|
| (5)
| Electronic records
|
|
| (6)
| Inspector may make copies
|
|
| (7)
| Inspector may remove records to make copies
|
|
| (8)
| Obstruction
|
| 160
|
| Copies as evidence
|
| 161
| (1)
| Warrant to enter and inspect
|
|
| (2)
| Application without notice
|
| ORDERS
|
| 161.1
| (1)
| Director may charge costs
|
|
| (2)
| Circumstances in which costs may be charged
|
|
| (3)
| Costs are a debt
|
|
| (4)
| Certificate
|
| 161.2
| (1)
| Order for compliance
|
|
| (2)
| Criteria for order
|
| 161.3
| (1)
| Service of order
|
|
| (2)
| Deemed receipt
|
|
| (3)
| Actual notice is sufficient
|
| 161.4
| (1)
| Appeal of director's order
|
|
| (2)
| How to appeal
|
|
| (3)
| Court's decision
|
| 161.5
|
| Public disclosure
|
| FINANCIAL LITERACY FUND
|
| 161.6
| (1)
| Fund established
|
|
| (2)
| Deposit in Consolidated Fund
|
|
| (3)
| Payments into the fund
|
|
| (4)
| Management of fund
|
|
| (5)
| Annual report
|
| 161.7
|
| Financial literacy support levy
|
| GUIDELINES AND REGULATIONS
|
| 162
|
| Guidelines re payday loan agreements
|
| 163
| (1)
| Regulations
|
|
| (2)
| Scope and application of regulation
|
|
| (3)
| Regulations about Internet payday loans
|
| THE PUBLIC UTILITIES BOARD
|
| 164
| (1)
| "Board" defined
|
|
| (2)
| Review within 3 years
|
|
| (3)
| Public consultation
|
|
| (4)
| Form of consultation
|
|
| (5)
| Rules of evidence
|
|
| (6)
| Participant's costs
|
|
| (7)
| Advisers to the board
|
|
| (8)
| Report to minister
|
|
| (9)
| Board to publish its report
|
|
| (10)
| Board's costs
|
| 164.1
| (1)
| Minister may seek advice
|
|
| (2)
| Further reviews
|
| 164.2
|
| Limited application of Public Utilities Board Act
|
| PART XIX
|
| GOVERNMENT CHEQUE CASHING FEES
|
| 165
|
| Definitions
|
| 166
|
| Prohibition against unauthorized fees
|
| 167
| (1)
| Definition of "payer"
|
|
| (2)
| Consequences of failure to comply
|
| 168
| (1)
| Regulations
|
|
| (2)
| Application of regulation
|
| 169
| (1)
| "Board" defined
|
|
| (2)
| Board to set maximum amount of fee
|
|
| (3)
| What the board may consider
|
|
| (4)
| Order to be just and reasonable
|
|
| (5)
| Periodic review
|
|
| (6)
| Review on changed circumstances
|
|
| (7)
| Notice and hearing
|
|
| (8)
| Board may determine status
|
|
| (9)
| Costs of intervener payable by government
|
|
| (10)
| Application of The Regulations Act
|
|
| (11)
| Application of Public Utilities Board Act
|
| PART XX
|
| PREPAID PURCHASE CARDS
|
| 170
|
| Definition
|
| 171
| (1)
| No expiry date
|
|
| (2)
| Valid until redeemed or replaced
|
| 172
|
| Information to be provided
|
| 173
|
| Regulations
|
| PART XXI
|
| NEGATIVE OPTION MARKETING
|
| DEFINITIONS
|
| 174
| (1)
| Definitions
|
|
| (2)
| When negative option marketing does not occur
|
|
| (3)
| Request not inferred
|
| OBLIGATIONS AND RIGHTS
|
| 175
|
| Negative option marketing prohibited
|
| 176
| (1)
| No consumer liability
|
|
| (2)
| No consumer obligation re use, etc.
|
| 177
| (1)
| Consumer's remedy: refund
|
|
| (2)
| Supplier must refund
|
| MATERIAL CHANGE IN PERIODIC SUPPLY OF GOODS OR SERVICES
|
| 178
| (1)
| Material change deemed negative option marketing
|
|
| (2)
| Establishing consent
|
|
| (3)
| When consent not established
|
|
| (4)
| "Material change" described
|
| APPLICATION OF THIS PART
|
| 179
|
| Application of this Part
|
