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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| (2) | Repealed | |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| 2 | Repealed | |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 |
| (1.1) | Director may determine person needs licence | |
| (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 |
| (1.1) | Licence issued in one name only | |
| (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 | |
| (3) | Interpretation of ambiguous statement | |
| 138.1 | Interpretation re broker's assistance | |
| 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) | ||
| 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 | |
| 161.6 | Repealed | |
| 161.7 | Repealed | |
| 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) | Review requested by minister | |
| (6) | No independent power of review | |
| (6.1) | Time limit for review | |
| (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 | (1) | Regulations |
| (2) | Restriction on inactivity fees | |
| 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 | |
| PART XXIV | ||
| MOTOR VEHICLE ADVERTISING AND INFORMATION DISCLOSURE | ||
| 229 | Definitions | |
| 230 | False advertising | |
| 231 | (1) | Advertising must comply with Act and regulations |
| (2) | Advertising requirements re motor vehicle price | |
| (3) | Jointly placed advertisements must indicate any additional amounts to be charged | |
| (4) | Taxes not included in price | |
| (5) | Responsibility re jointly placed advertisements | |
| (6) | Advertisement requirement re late-model used motor vehicle | |
| 232 | Falsifying information | |
| 233 | False information, representations or promises | |
| 234 | Information disclosure re motor vehicles | |
| 235 | Duty of motor vehicle dealers | |
| 236 | (1) | Regulations |
| (2) | Scope and application of regulations | |
| PART XXV | ||
| HIGH-COST CREDIT PRODUCTS | ||
| INTERPRETATION AND APPLICATION | ||
| 237 | Definitions | |
| 238 | (1) | Application |
| (2) | Non-application | |
| 239 | Interpretation re broker's assistance | |
| 240 | Interpretation of ambiguous statement | |
| LICENSING | ||
| 241 | (1) | Licence required |
| (2) | Use of name | |
| 242 | (1) | Application for licence or renewal of licence |
| (2) | More than one licence required | |
| (3) | Applicant to provide information | |
| (4) | Licence fee | |
| 243 | (1) | Licence not transferable or assignable |
| (2) | Terms and conditions of licence | |
| (3) | Duration of licence | |
| (4) | Validity during consideration of renewal application | |
| 244 | (1) | Refusal to issue licence |
| (2) | Where applicant is a corporation or partnership | |
| (3) | Reasons for refusal | |
| 245 | (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 | |
| 246 | (1) | Appeal |
| (2) | How to appeal | |
| (3) | Court's decision | |
| 247 | (1) | Director may apply for injunction |
| (2) | Court may grant injunction | |
| 248 | (1) | Giving of notices, etc. by the director |
| (2) | Deemed receipt | |
| (3) | Actual notice is sufficient | |
| DISCLOSING INFORMATION | ||
| 249 | (1) | Requirement to give borrower information |
| (2) | Information to be provided in document | |
| (3) | Additional requirements | |
| (4) | Prescribed form must be used | |
| (5) | Approved form may be used if no prescribed form | |
| (6) | When document must be given | |
| PROVIDING AGREEMENTS | ||
| 250 | (1) | Reasonable time to review agreement before signing |
| (2) | Copy of entire credit agreement, other documents | |
| POSTING SIGNS | ||
| 251 | (1) | Requirement to post signs |
| (2) | Signs to be posted prominently | |
| (3) | Information to be posted on signs | |
| CANCELLING AGREEMENT | ||
| 252 | (1) | Borrower may cancel within 48 hours |
| (2) | Additional cancellation rights | |
| (3) | Officers, employees or agents included | |
| (4) | Procedure for cancelling agreement | |
| (5) | Borrower to be given receipt | |
| (6) | Effect of cancellation | |
| (7) | No fee on cancellation | |
| (8) | Refund to borrower on cancellation | |
| (9) | Cancellation rights in addition to other rights | |
| PREPAYMENT | ||
| 253 | (1) | No fee on prepayment of outstanding balance |
| (2) | No fee on partial prepayment of outstanding balance | |
| RECORDS | ||
| 254 | Records to be kept by high-cost credit grantor | |
| REGULATIONS | ||
| 255 | (1) | Regulations |
| Application | ||
| Licensing | ||
| High-Cost Credit Grantors | ||
| High-Cost Credit Agreements | ||
| High-Cost Credit Fees | ||
| High-Cost Credit Products | ||
| Miscellaneous | ||
| (2) | Scope and application of regulation | |
| (3) | Regulations about Internet high-cost credit products | |
| (4) | Use of prescribed form by high-cost credit grantor | |
| TRANSITIONAL APPLICATION | ||
| 256 | (1) | Credit agreements |
| (2) | Exception | |
| (3) | Regulations | |
| PART XXVI | ||
| FINANCIAL LITERACY FUND | ||
| 257 | Definitions | |
| 258 | (1) | Continuation and purpose of fund |
| (2) | Deposit in Consolidated Fund | |
| (3) | Payments into the fund | |
| (4) | Management of fund | |
| (5) | Annual report | |
| 259 | Financial literacy support levy | |
| 260 | (1) | Regulations |
| (2) | Scope and application of regulation | |