C.C.S.M. c. C200
The Consumer Protection Act
PART I | ||
INTERPRETATION AND APPLICATION | ||
1 | (1) | Definitions |
(2) | Repealed | |
(3) | Registered common-law relationship | |
(4) | Reference to "Act" includes regulations | |
2 | Repealed | |
3 | Application of Act | |
PART II | ||
CREDIT AGREEMENTS AND LEASES: COST OF CREDIT | ||
DIVISION 1 | ||
GENERAL PROVISIONS | ||
APPLICATION OF PART II | ||
4 | (1) | Credit agreements for non-business purposes |
(2) | Leases for non-business purposes | |
(3) | Exceptions to subsections (1) and (2) | |
(4) | Credit agreements and hire-purchases for business purposes | |
(5) | Reliance on signed statement of purpose | |
5 | Certain credit agreements exempt from this Part | |
COST OF CREDIT | ||
6 | (1) | Value received by borrower |
(2) | Limitation re value received | |
(3) | Value given by borrower | |
(4) | Payments re tax account not to be considered | |
GENERAL DISCLOSURE REQUIREMENTS | ||
7 | Requirement to disclose information | |
8 | Form of disclosure statement | |
9 | Information based on estimate or assumption | |
10 | Time of delivery: delivery by mail | |
11 | (1) | Application of section |
(2) | Time for delivery: initial disclosure statement | |
(3) | Sufficient disclosure — more than one borrower | |
12 | (1) | Initial disclosure statement for a mortgage |
(2) | Determining number of days | |
(3) | Person entitled to disclosure may waive time period | |
(4) | Charges that do not trigger time period | |
13 | (1) | Disclosure in advertising to be prominent |
(2) | Prominence of APR disclosure | |
(3) | APR for representative transaction | |
14 | (1) | Advertising interest-free periods |
(2) | Grace period conditions | |
(3) | Failure to disclose | |
15 | No interest on deferred payment | |
16 | Right to accounting | |
17 | (1) | Inconsistency between disclosure statement and contract |
(2) | If remedy under section 56 also available | |
PREPAYMENT | ||
18 | (1) | Application of sections 18 to 20 |
(2) | Prepayment of outstanding balance | |
(3) | Refund of non-interest finance charge: fixed credit | |
(4) | Borrower not liable for unearned interest | |
(5) | Surrender of security | |
19 | Partial prepayment | |
20 | Statement of outstanding balance | |
BROKERS | ||
20.1 | (1) | No advance payment to brokers |
(2) | Return of advance payment | |
20.2 | (1) | Disclosure by broker |
(2) | Disclosure of brokerage fee | |
(3) | Failure to disclose | |
(4) | Refund of brokerage fee | |
20.3 | (1) | Application |
(2) | Broker to provide initial disclosure statement | |
(3) | Failure to provide initial disclosure statement | |
20.4 | Partner, director jointly liable | |
20.5 | (1) | Application |
(2) | Brokerage fee deducted from advance | |
(3) | Credit grantor to ensure accuracy of disclosure | |
INSURANCE | ||
21 | (1) | Choice of insurer |
(2) | Disclosure of borrower's right to choose insurer | |
22 | (1) | Proof of insurance |
(2) | Liability for insurance premium | |
OPTIONAL SERVICES | ||
23 | (1) | Borrower may cancel optional service |
(2) | Notice period for cancellation | |
24 | (1) | Liability and refund |
(2) | Regulations re refund | |
SECURITY FOR CREDIT SALES | ||
25 | (1) | Failure to describe collateral for credit sale |
(2) | Application to court to correct description of collateral | |
(3) | Court may authorize correction | |
(4) | Effect of correction | |
26 | Collateral limited to goods sold | |
ASSIGNEES AND GUARANTORS | ||
27 | (1) | Assignee of borrower's rights |
(2) | Reservation of rights | |
(3) | Assignee's obligations fixed by court | |
28 | Guarantor of borrower's obligations | |
29 | (1) | Assignee of credit grantor's rights |
(2) | Limit to borrower's claim against assignee | |
(3) | Effect of cancellation | |
(4) | Set-off for breach of condition or warranty | |
(5) | Maximum amount of set-off | |
30 | (1) | Notice to assignee of credit agreement re credit sale |
(2) | Innocent assignee's exemption from liability | |
(3) | Onus on assignee | |
31 | (1) | Exemption from liability |
(2) | Reliance on borrower's acknowledgment | |
32 | Assignment of promissory note | |
RELIEF AGAINST ACCELERATION AND FORFEITURE | ||
33 | (1) | Application of sections 33.1 to 33.8 |
(2) | Definition | |
33.1 | Default charges: monetary obligations | |
33.2 | (1) | Acceleration on default |
(2) | Restrictions on acceleration | |
(3) | Default after extension | |
(4) | Meaning of "payments in default" | |
(5) | Acceleration provisions continue in effect | |
33.3 | Other penalties void | |
33.4 | Default charges: non-monetary obligations | |
33.5 | Relief against acceleration, seizure and forfeiture | |
33.6 | (1) | Absolute discretion of creditor |
(2) | Powers to preserve security | |
(3) | Relief against powers | |
33.7 | Granting relief | |
33.8 | (1) | Staying of seizure or action |
(2) | Return of seized goods where default remedied | |
DIVISION 2 | ||
FIXED CREDIT | ||
34 | Application of this Division | |
CREDIT SALES | ||
34.1 | Credit sales must have scheduled payments | |
DISCLOSURE IN ADVERTISING | ||
34.2 | (1) | Disclosure of term and APR |
(2) | Disclosure of cash price | |
(3) | Disclosure of cost of credit | |
(4) | Disclosure for representative transaction | |
DISCLOSURE STATEMENTS | ||
34.3 | Initial disclosure statement | |
34.4 | (1) | Periodic disclosure: floating interest rate |
(2) | Disclosure: increase in non-floating interest rate | |
(3) | Failure to disclose increase within 30 days | |
34.5 | (1) | Additional disclosure: amendments |
(2) | When additional disclosure not required | |
34.6 | Notice that payments will not cover interest | |
RENEWAL OF CREDIT AGREEMENTS OTHER THAN MORTGAGES | ||
34.7 | (1) | Application of section |
(2) | Renewing a credit agreement | |
MORTGAGE RENEWAL | ||
34.8 | (1) | Notice of mortgage renewal |
(2) | Disclosure on mortgage renewal | |
(3) | Terms of renewed mortgage differ from disclosure statement | |
(4) | Borrower may prepay if no disclosure or incomplete | |
(5) | Borrower may prepay if improper disclosure | |
(6) | Charges related to renewal to be refunded | |
DIVISION 3 | ||
OPEN CREDIT | ||
35 | Application of this Division | |
DISCLOSURE IN ADVERTISING | ||
35.1 | Disclosure: advertisement for open credit | |
DISCLOSURE STATEMENTS | ||
35.2 | Contents of initial disclosure statement | |
35.3 | (1) | Frequency of statements of account |
(2) | Disclosure in statement of account | |
(3) | Description of transaction | |
CREDIT CARDS | ||
35.4 | (1) | No issuance of unsolicited credit cards |
(2) | Onus of proof | |
35.5 | (1) | Rates and fees to be disclosed in solicitation |
(2) | Application for credit card | |
(3) | Time of disclosure | |
(4) | Requirement for initial disclosure statement | |
35.6 | Time of entering into credit agreement | |
35.7 | (1) | Prior notice of change in information |
(2) | Other notice of changes | |
35.8 | (1) | Liability for unauthorized use of lost or stolen card |
(2) | Regulations may exempt transactions | |
(3) | Liability for unauthorized use of credit card information | |
(4) | Form of notice | |
(5) | Onus of proof | |
35.9 | (1) | Surrender of credit card |
(2) | Holder not liable after surrender of card | |
DIVISION 4 | ||
LEASES | ||
GENERAL PROVISIONS | ||
36 | Definitions | |
37 | Application of this Division | |
DISCLOSURE IN ADVERTISING | ||
38 | (1) | Lease advertising |
(2) | Representative transaction | |
(3) | Advertising in prescribed medium | |
(4) | Records to be kept for three months | |
(5) | Director entitled to copy of record | |
DISCLOSURE STATEMENTS | ||
39 | (1) | Initial disclosure statement |
(2) | Additional disclosure: amendments | |
(3) | Additional disclosure not required | |
40 | Maximum residual obligation determined by regulation | |
41 | Effect of remedying default | |
DIVISION 5 | ||
DEFAULT GENERAL PROVISIONS | ||
42 | Application of Division | |
43 | (1) | Rights and remedies cumulative |
(2) | Conflict | |
SEIZURE AND SALE | ||
44 | (1) | Restriction on seizure if less than 25% owing |
(2) | Application without notice | |
(3) | Notice to borrower | |
(4) | Application to set aside order made without notice | |
45 | (1) | Notice of seizure |
(2) | Notice of sale | |
(3) | Combined notice | |
(4) | Notice to persons other than the borrower | |
CREDIT SALES | ||
46 | Demand payments prohibited | |
47 | (1) | Credit grantor may sue or seize |
(2) | Credit grantor's rights restored | |
48 | (1) | Judgment extinguishes security interest |
(2) | Seizure to enforce judgment | |
(3) | Relief from acceleration | |
49 | Exemption: goods not found | |
50 | (1) | Right of recovery: goods destroyed or damaged |
(2) | Right of recovery: removed or replaced goods | |
SALE OF REPOSSESSED GOODS OR COLLATERAL | ||
51 | (1) | Sale of repossessed goods or collateral |
(2) | Price for resale of collateral | |
(3) | Payment of excess | |
(4) | Charge of overhead | |
(5) | Retention in lieu of resale | |
DIVISION 6 | ||
COMPENSATION AND PENALTIES | ||
52 | (1) | Remedies are cumulative |
(2) | Provisions apply to lessors and brokers | |
53 | Refund of payments | |
54 | (1) | Compensation |
(2) | Set-off or recovery of compensation | |
55 | (1) | Rebate of part of cost of credit |
(2) | Rights preserved | |
56 | (1) | Incorrect disclosure statement |
(2) | Director's order re contravention | |
(3) | Mistake in interest rate or APR | |
(4) | Mistake in other statements | |
(5) | Grounds for order under subsection (3) or (4) | |
(6) | Appeal of director's order | |
(7) | Court's power on appeal | |
DIVISION 7 | ||
TRANSITIONAL APPLICATION OF PART II | ||
57 | (1) | Transitional application of Part II |
(2) | Orders re application | |
PART VI | ||
STATUTORY WARRANTIES ON RETAIL SALES | ||
58 | (1) | Warranties on sale |
(2) | Statement of conditions | |
(3) | Statements relating to goods on credit sales | |
(4) | Statements relating to goods in cash sales | |
(5) | Merchantable quality | |
(6) | Condition as to services | |
(7) | Effect on other conditions | |
(8) | Express warranty | |
(9) | Seller to provide record | |
(10) | Mediation of warranty disputes | |
58.1 | Personal liability of seller | |
58.2 | (1) | Warranty contract liability |
(2) | Sales person not liable | |
PART VII | ||
DIRECT SELLERS | ||
59 | (1) | Application of Part |
(2) | Certain types of sales subject to Part | |
(3) | Place of conclusion of sale | |
(4) | Address for service | |
60 | (1) | Where Part not to apply |
(2) | Certain selling practices prohibited | |
(3) | Prohibition against premiums, etc. | |
61 | (1) | Requirements of written agreement |
(2) | Requirements re oral agreement | |
62 | (1) | Cancellation within 10 days |
(2) | Other cancellation rights | |
(3) | Accepting delivery after 30 days | |
(4) | Relief against cancellation | |
(5) | Cancellation rights in addition to other rights | |
(6) | Cancellation of sale on credit | |
63 | (1) | Notice of cancellation |
(2) | Method of giving notice | |
(3) | Adequacy of wording | |
(4) | Effective date of cancellation | |
(5) | Address for service | |
64 | (1) | Effect of cancellation |
(2) | Negotiation of new agreement | |
65 | (1) | Rights of cancellation |
(2) | Where goods not intact | |
(3) | Buyer's lien on cancellation | |
PART VIII | ||
66 to 69 | Repealed | |
PART IX | ||
CONSUMER PROTECTION OFFICE | ||
70 | Consumer Protection Office | |
71 | Administration of office | |
72 | Duties of director | |
72.1 | (1) | Designation of consumer services officers |
(2) | Authority of officer | |
(1) and (2) | Repealed | |
(3) | Retention of records | |
(4) | Information confidential | |
(5) | Exception | |
(6) and (7) | Repealed | |
74 | (1) | Inquiry by director |
(2) to (4) | Repealed | |
PART X | ||
LICENSING | ||
75 | (1) | Licensing of vendors |
(2) | Licensing of direct sellers | |
(3) | Use of unlicensed direct seller | |
(4) | Licence in one name only | |
(5) | Alternative to direct seller licensing | |
76 | (1) | Licensing of collection agencies |
(2) | Employees of collection agents | |
77 | (1) | Granting and renewal of licences |
(2) | Annual licences | |
78 | (1) | Refusal to grant licence |
(2) | Direct sellers' licences | |
(3) | Conditions of licences | |
(4) | Special condition re officers of licensee | |
(5) | Partnerships licensed | |
(6) | Alteration of partnership | |
(7) | Change of address | |
(8) | Service at address of licensee | |
79 | (1) | Refusal to renew licence |
(2) | Refusal on ground of circumstances | |
80 | (1) | Reasons for refusal of licence |
(2) | Reasons for imposing conditions and restrictions | |
81 | (1) | Licence not assignable |
(1.1) | Registration not assignable | |
(2) | Authority of vendor's licence | |
(3) | Authority of direct sellers license | |
(3.1) | Director may limit number | |
(4) | Class of business transactions | |
(5) | Vendors to be principal of direct sellers | |
(6) | Principal to be named in licence | |
(7) | Direct seller acting for vendor | |
(8) | Cancellation of direct seller's licence | |
82 | Licence required | |
83 | Repealed | |
84 | (1) | Notice of cancellation |
(2) | Contents of notice of cancellation | |
(3) | Cancellation of licence | |
(4) | Effect of cancellation of vendor's licence | |
85 | (1) | Appeal from decision of director |
(2) | Director to comply with court order | |
86 | Repealed | |
87 | (1) | Appeal of cancellation |
(2) | Time for filing appeal | |
(3) | Where appeal allowed | |
(4) | Dismissal of appeal | |
88 | (1) | Determination of fact by court |
(2) | Director as respondent | |
(3) | Court may substitute its opinion | |
89 | (1) | Bond for collection agent |
(2) | Smaller bond | |
(3) | Change in officers of collection agent | |
(4) | Cancellation of bond | |
(5) | Suspension of licence | |
(6) | Where bond cancelled | |
90 | (1) | Bond for vendors |
(2) | Reasons for amount of bond | |
(3) | Rights of government under bond | |
(4) | Forfeiture of bond | |
(5) | Sale of collateral to bond | |
(6) | Payment of moneys recovered under bond | |
(7) | Disposition of unexpended moneys | |
91 | (1) | Appeal of decision of director |
(2) | Form of appeal | |
PART XI | ||
GENERAL PROVISIONS | ||
92 | Protection from liability | |
93 | Advertising licence prohibited | |
93.1 | False information | |
94 | ||
94.1 | ||
95 | ||
96 | Agreements waiving benefits | |
96.1 | Requesting or requiring consumers to waive or limit rights | |
97 | (1) | Regulations by L.G. in C. |
(2) | Regulations about Internet negative option marketing | |
97.1 | Regulations for Part VII | |
97.2 | Regulations for Part XVI | |
97.3 | Regulations — administrative penalties | |
97.4 | Scope and application of regulations | |
PART XII | ||
COLLECTION PRACTICES | ||
98 | Prohibitions | |
99 | Further meaning of debtor | |
100 | (1) | Leave to seize |
(2) | Section 45 does not apply to seizure | |
101 | (1) | Penalty for wrongful collection |
(2) | Action on wrongful possession | |
102 | (1) | Restriction on use of name |
(2) | Use of unlicensed collection agents | |
(3) | Use of collection agent by another collection agent | |
103 | (1) | Limitations on benefits from business |
(2) | Collection of double fees prohibited | |
104 | Use of forms | |
105 | Employees | |
106 | Registration of certain persons with the office | |
106.1 | Restriction on use of name by collector | |
107 | Proper records | |
108 | (1) | Trust account |
(2) | Withdrawals from trust account | |
109 | (1) | Appointment of auditors |
(2) | Submission of audited statements | |
110 | (1) | Accounting to client for collections |
(2) | Accounting for seized goods or chattels | |
(3) | Liability for care of seized goods or chattels | |
(4) | Disclosure of actions | |
(5) | Surrender of documents | |
(6) | Application of subsection (5) | |
111 | (1) | Failure to locate creditor |
(2) | Disposal of moneys | |
(3) | Application of the Part | |
112 | Repealed | |
PART XIII | ||
113 to 117 | Repealed | |
PART XIV | ||
118 to 120 | Repealed | |
PART XV | ||
PREPAID SERVICES | ||
121 | Definitions | |
122 | (1) | Application |
(2) | Exception | |
(3) | Existing contracts | |
123 | (1) | Written contract |
(2) | Cancellation within 7 days | |
(3) | Statement required in contract | |
(4) | Effect of cancellation | |
(5) | Negotiation of new contract | |
(6) | Rights of cancellation | |
(7) | Reckoning of Time | |
(8) | Refund | |
124 | (1) | Prohibition |
(2) | Repayment | |
125 | (1) | Maximum term |
(2) | Fee payable by instalments | |
(3) | Refund | |
126 | No provision for renewal | |
PART XVI | ||
INTERNET AGREEMENTS | ||
127 | "Internet" defined | |
128 | Application | |
129 | (1) | Buyer may cancel if not provided information |
(2) | Electronic methods of providing information | |
130 | (1) | Buyer may cancel for failure to deliver |
(2) | Attempted delivery | |
131 | Court may provide relief against cancellation | |
132 | (1) | Notice of cancellation |
(2) | Method of giving notice | |
(3) | Wording of notice of cancellation | |
(4) | Effective date of cancellation | |
133 | (1) | Effect of cancellation |
(2) | Delivery of services after cancellation | |
(3) | Delivery of goods after cancellation | |
(4) | Seller must accept return of goods | |
(5) | Seller responsible for cost of returning goods | |
(6) | Effective date of return | |
134 | (1) | Buyer's recourse re credit card charges |
(2) | Credit card issuer must reverse or cancel charges | |
(3) | Application | |
135 | Other rights not affected | |
PART XVII | ||
COMPLIANCE AND ENFORCEMENT | ||
RECORDS | ||
135.1 | (1) | Officials may require records |
(2) | Duty to provide information | |
INSPECTIONS | ||
135.2 | (1) | General authority to inspect |
(2) | Right of entry | |
(3) | Entry into dwelling only with consent or warrant | |
(4) | Identification to be shown | |
(5) | Assistance to inspector | |
(6) | Electronic records | |
(7) | Inspector may make copies | |
(8) | Inspector may remove records to make copies | |
(9) | Obstruction | |
135.3 | Copies as evidence | |
135.4 | (1) | Warrant to enter and inspect |
(2) | Application without notice | |
135.5 | Records to be made available for inspection, etc. | |
ORDERS | ||
135.6 | (1) | Order for compliance |
(2) | Contents of order | |
(3) | What a person may be required to do | |
(4) | Duty to comply | |
135.7 | (1) | Service of order |
(2) | Deemed receipt | |
(3) | Actual notice is sufficient | |
135.8 | (1) | Appeal of compliance order |
(2) | How to appeal | |
(3) | Court's decision | |
135.9 | Public disclosure | |
135.10 | (1) | Court-ordered compliance |
(2) | Order | |
135.11 | Injunction | |
135.12 | (1) | Application re order to pay costs |
(2) | Circumstances in which director may charge costs | |
(3) | Costs that may be charged | |
(4) | Service of order, etc. | |
(5) | Appeal of costs order | |
(6) | Costs are a debt | |
(7) | Certificate | |
ADMINISTRATIVE PENALTIES | ||
136 | (1) | Administrative penalty: failure to comply |
(2) | Maximum amount | |
(3) | Notice | |
(4) | Serving the notice | |
(5) | Appeal to the director | |
(6) | Notice of hearing | |
(7) | Decision of the director | |
(8) | Appeal to court | |
(9) | Director is a party | |
(10) | Decision of court | |
(11) | Payment | |
(12) | Debt due to government | |
(13) | Certificate registered in court | |
(14) | No offence to be charged if penalty paid | |
(15) | Public disclosure of administrative penalties | |
PENALTIES FOR OFFENCES | ||
136.1 | (1) | Offence |
(2) | Restitution | |
(3) | Order filed in court | |
(4) | Person must pay restitution ordered | |
136.2 | Directors and officers of corporations | |
136.3 | Limitation period for complaint | |
PART XVIII | ||
PAYDAY LOANS | ||
137 | Definitions | |
138 | (1) | Application |
(2) | Limited application to existing loans | |
LICENSING | ||
139 | (1) | Licence required to provide payday loans |
(2) | Use of name | |
140 | (1) | Application for licence or renewal of licence |
(2) | More than one licence required | |
(3) | Applicant to provide information | |
(4) | Licence fee | |
(5) | Bond or security required | |
141 | (1) | Licence not transferable or assignable |
(2) | Terms and conditions of licence | |
(3) | Duration of licence | |
(4) | Validity during consideration of renewal application | |
142 | (1) | Refusal to issue licence |
(2) | Where applicant is a corporation or partnership | |
(3) | Reasons for refusal | |
143 | (1) | Refusal to renew, cancellation or suspension |
(2) | Notice required | |
(3) | Extension of time | |
(4) | Where no submission made or hearing arranged | |
(5) | Decision after submission or hearing | |
(6) | When cancellation or suspension becomes effective | |
(7) | Reasons for decision | |
144 | (1) | Appeal |
(2) | How to appeal | |
(3) | Court's decision | |
145 | (1) | Director may apply for injunction |
(2) | Court may grant injunction | |
146 | (1) | Giving of notices, etc. by the director |
(2) | Deemed receipt | |
(3) | Actual notice is sufficient | |
OBLIGATIONS AND PROHIBITIONS | ||
147 | (1) | Limit re cost of credit |
(2) | Consequences of failure to comply | |
148 | (1) | Documents to be given at time of initial advance |
(2) | Documents and information must be clear | |
(3) | Interpretation of ambiguous statement | |
148.1 | (1) | Cash card |
(2) | Balance applied to repayment | |
149 | (1) | Borrower may cancel within 48 hours |
(2) | Additional cancellation rights | |
(3) | "Payday lender" defined | |
(4) | Procedure for cancelling loan | |
(5) | Form of repayment | |
(6) | Payday lender to give receipt | |
(7) | Effect of cancellation | |
(8) | No fee on cancellation | |
(9) | Refund to borrower on cancellation of loan | |
(10) | Cancellation rights in addition to other rights | |
150 | No security to be taken | |
151 | (1) | Wage assignments not valid |
(2) | Requesting or requiring wage assignment prohibited | |
(3) | "Assignment of wages" defined | |
151.1 | (1) | Maximum amount of loan |
(2) | Consequence of failure to comply | |
152 | (1) | Limit on charges for extension or renewal of term or for replacement loan |
(2) | Consequences of failure to comply | |
153 | (1) | Limit to amounts payable for default |
(2) | Consequences of failure to comply | |
154 | (1) | Concurrent loans prohibited |
(2) | Consequences of failure to comply | |
154.1 | Discounting prohibited | |
154.2 | Tied selling restricted | |
155 | Joint liability for refund | |
156 | Information to be posted | |
157 | Records to be kept | |
158 | Repealed | |
159 | Repealed | |
160 and 161 | Repealed | |
161.1 | Repealed | |
161.2 | Repealed | |
161.3 | Repealed | |
161.4 | Repealed | |
161.5 | Repealed | |
FINANCIAL LITERACY FUND | ||
161.6 | (1) | Fund established |
(2) | Deposit in Consolidated Fund | |
(3) | Payments into the fund | |
(4) | Management of fund | |
(5) | Annual report | |
161.7 | Financial literacy support levy | |
GUIDELINES AND REGULATIONS | ||
162 | Guidelines re payday loan agreements | |
163 | (1) | Regulations |
(2) | Scope and application of regulation | |
(3) | Regulations about Internet payday loans | |
THE PUBLIC UTILITIES BOARD | ||
164 | (1) | "Board" defined |
(2) | Review within 3 years | |
(3) | Public consultation | |
(4) | Form of consultation | |
(5) | Rules of evidence | |
(6) | Participant's costs | |
(7) | Advisers to the board | |
(8) | Report to minister | |
(9) | Board to publish its report | |
(10) | Board's costs | |
164.1 | (1) | Minister may seek advice |
(2) | Further reviews | |
164.2 | Limited application of Public Utilities Board Act | |
PART XIX | ||
GOVERNMENT CHEQUE CASHING FEES | ||
165 | Definitions | |
166 | Prohibition against unauthorized fees | |
167 | (1) | Definition of "payer" |
(2) | Consequences of failure to comply | |
168 | (1) | Regulations |
(2) | Application of regulation | |
169 | (1) | "Board" defined |
(2) | Board to set maximum amount of fee | |
(3) | What the board may consider | |
(4) | Order to be just and reasonable | |
(5) | Periodic review | |
(6) | Review on changed circumstances | |
(7) | Notice and hearing | |
(8) | Board may determine status | |
(9) | Costs of intervener payable by government | |
(10) | Repealed | |
(11) | Application of Public Utilities Board Act | |
PART XX | ||
PREPAID PURCHASE CARDS | ||
170 | Definition | |
171 | (1) | No expiry date |
(2) | Valid until redeemed or replaced | |
172 | Information to be provided | |
173 | Regulations | |
PART XXI | ||
NEGATIVE OPTION MARKETING | ||
DEFINITIONS | ||
174 | (1) | Definitions |
(2) | When negative option marketing does not occur | |
(3) | Request not inferred | |
OBLIGATIONS AND RIGHTS | ||
175 | Negative option marketing prohibited | |
176 | (1) | No consumer liability |
(2) | No consumer obligation re use, etc. | |
177 | (1) | Consumer's remedy: refund |
(2) | Supplier must refund | |
MATERIAL CHANGE IN PERIODIC SUPPLY OF GOODS OR SERVICES | ||
178 | (1) | Material change deemed negative option marketing |
(2) | Establishing consent | |
(3) | When consent not established | |
(4) | "Material change" described | |
APPLICATION OF THIS PART | ||
179 | Application of this Part | |
PART XXII | ||
CONTRACTS FOR CELL PHONE SERVICES | ||
INTERPRETATION AND APPLICATION | ||
180 | Definitions | |
181 | (1) | Application of this Part |
(2) | Application to existing contracts that are extended or renewed | |
(3) | Exception — prepaid cell phone services | |
182 | Interpretation — amendment of a contract | |
CONTRACT REQUIREMENTS | ||
183 | (1) | Contract must be in writing |
(2) | Copy of contract to be given to customer before contract is made | |
(3) | Copy of contract to be given to customer after contract is made | |
(4) | Exception — contracts not made in person | |
184 | (1) | Definition of "minimum monthly cost" |
(2) | Minimum monthly cost to be expressed on a monthly basis | |
185 | (1) | Information to be set out clearly and prominently at the beginning of the contract |
(2) | Minimum monthly cost, etc., must not reflect temporarily reduced amounts | |
ADVERTISING IN RELATION TO CONTRACTS | ||
186 | (1) | Advertised price must include the minimum monthly cost |
(2) | Advertisement must emphasize the minimum monthly cost | |
ADDITIONAL OR EXTENDED WARRANTIES — INFORMATION TO BE PROVIDED IN ADVANCE | ||
187 | Information supplier must provide before offering additional or extended warranty | |
UNILATERAL AMENDMENT OF A CONTRACT | ||
188 | Definitions | |
189 | Supplier cannot unilaterally amend a material term or provision of a contract | |
190 | (1) | Limits on unilateral amendment of a non-material term or provision |
(2) | Requirements — unilateral amendment of a non-material term or provision | |
(3) | Amendment is not negative option marketing | |
191 | (1) | Customer may cancel contract without penalty if material term or provision unilaterally amended |
(2) | unilateral amendment of a non-material term or provision | |
192 | Exception — amendments required by law | |
193 | (1) | Exception — indeterminate contracts |
(2) | Requirements for indeterminate contracts | |
(3) | Subsection applies to both material and non-material amendments of an indeterminate contract | |
194 | (1) | Exception — contract authorizes unilateral amendment that benefits customer, etc. |
(2) | Exception — unilateral amendment that benefits customer, etc. | |
(3) | Notice to customer of amendment | |
195 | Acceptance of amendment is not consent to other changes | |
CANCELLATION OF CONTRACT BY CUSTOMER | ||
196 | (1) | Customer may cancel contract at any time |
(2) | Cancellation rights in addition to other rights | |
197 | Limits on charges when customer cancels contract | |
198 | (1) | Cancellation fees for contracts with a fixed term |
(2) | Fixed term contract — cell phone provided | |
(3) | Fixed term contract — no cell phone provided | |
199 | (1) | Cancellation fees for indeterminate contracts |
(2) | Indeterminate contract — cell phone provided | |
(3) | Indeterminate contract — no cell phone provided | |
CONTRACT EXPIRY AND EXTENSION | ||
200 | (1) | Customer to be notified contract expiry date is near |
(2) | Exceptions | |
201 | (1) | Automatic monthly extensions |
(2) | All fees, charges, etc. prohibited | |
(3) | Contract extension is not negative option marketing | |
SECURITY DEPOSITS | ||
202 | (1) | Contract not to be cancelled if security deposit exceeds amount of debt |
(2) | Supplier to notify customer on using security deposit | |
203 | Return of security deposit | |
EQUIPMENT REPAIRS | ||
204 | (1) | No payment for services not received due to equipment repair |
(2) | Exception if damage caused by customer | |
PAPER BILLS | ||
205 | Paper bills at customer's request | |
RECORDS | ||
206 | Records to be kept | |
207 | Repealed | |
OTHER MATTERS | ||
208 | (1) | Information must be clear, understandable and prominently displayed |
(2) | Interpretation of ambiguous statement | |
209 | Attempt to affect jurisdiction void and of no effect | |
GUIDELINES, REGULATIONS AND REVIEW | ||
210 | Guidelines for contracts and other documents | |
211 | (1) | Regulations |
(2) | Regulations about Internet cell phone contracts | |
(3) | Scope and application of regulation | |
PART XXIII | ||
MOTOR VEHICLE WORK AND REPAIRS | ||
212 | Definitions | |
213 | (1) | Non-application |
(2) | Same meaning | |
214 | (1) | Estimate |
(2) | Exception | |
(3) | Application | |
215 | (1) | Fee may be charged for preparing estimate |
(2) | Items included in fee | |
216 | Authorization required | |
217 | (1) | Exceeding estimate restricted |
(2) | Consequence of failure to comply | |
218 | (1) | Authorization not in writing |
(2) | Additional work or repairs require estimate and authorization | |
219 | Posting signs | |
220 | (1) | Return of parts |
(2) | Parts kept separate | |
(3) | Exception | |
221 | Invoice | |
222 | (1) | Warranty |
(2) | Term of warranty | |
(3) | Calculating time period | |
(4) | Loss of warranty | |
(5) | Repairer and subcontractor jointly and severally liable under warranty | |
(6) | Additional warranty | |
223 | Records to be kept | |
224 to 227 | Repealed | |
228 | (1) | Regulations |
(2) | Scope and application of regulations |