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C.C.S.M. c. C200
The Consumer Protection Act
Table of Contents
| PART I | ||
| INTERPRETATION AND APPLICATION | ||
| 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| (2) | [Repealed] | |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| 2 | [Repealed] | |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 |
||
| APPLICATION OF PART II | ||
| (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 | ||
| (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 | Application of section | |
| (2) | Time for delivery: initial disclosure statement | |
| (3) | Sufficient disclosure — more than one borrower | |
| 12 | 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 | Disclosure in advertising to be prominent | |
| (2) | Prominence of APR disclosure | |
| (3) | APR for representative transaction | |
| 14 | Advertising interest-free periods | |
| (2) | Grace period conditions | |
| (3) | Failure to disclose | |
| 15 | No interest on deferred payment | |
| 16 | Right to accounting | |
| 17 | Inconsistency between disclosure statement and contract | |
| (2) | If remedy under section 56 also available | |
| PREPAYMENT | ||
| 18 | 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 | No advance payment to brokers | |
| (2) | Return of advance payment | |
| 20.2 | Disclosure by broker | |
| (2) | Disclosure of brokerage fee | |
| (3) | Failure to disclose | |
| (4) | Refund of brokerage fee | |
| 20.3 | Application | |
| (2) | Broker to provide initial disclosure statement | |
| (3) | Failure to provide initial disclosure statement | |
| 20.4 | Partner, director jointly liable | |
| 20.5 | Application | |
| (2) | Brokerage fee deducted from advance | |
| (3) | Credit grantor to ensure accuracy of disclosure | |
| INSURANCE | ||
| 21 | Choice of insurer | |
| (2) | Disclosure of borrower's right to choose insurer | |
| 22 | Proof of insurance | |
| (2) | Liability for insurance premium | |
| OPTIONAL SERVICES | ||
| 23 | Borrower may cancel optional service | |
| (2) | Notice period for cancellation | |
| 24 | Liability and refund | |
| (2) | Regulations re refund | |
| SECURITY FOR CREDIT SALES | ||
| 25 | 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 | Assignee of borrower's rights | |
| (2) | Reservation of rights | |
| (3) | Assignee's obligations fixed by court | |
| 28 | Guarantor of borrower's obligations | |
| 29 | 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 | Notice to assignee of credit agreement re credit sale | |
| (2) | Innocent assignee's exemption from liability | |
| (3) | Onus on assignee | |
| 31 | Exemption from liability | |
| (2) | Reliance on borrower's acknowledgment | |
| 32 | Assignment of promissory note | |
| RELIEF AGAINST ACCELERATION AND FORFEITURE |
||
| 33 | Application of sections 33.1 to 33.8 | |
| (2) | Definition | |
| 33.1 | Default charges: monetary obligations | |
| 33.2 | 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 | Absolute discretion of creditor | |
| (2) | Powers to preserve security | |
| (3) | Relief against powers | |
| 33.7 | Granting relief | |
| 33.8 | Staying of seizure or action | |
| (2) | Return of seized goods where default remedied | |
| 34 | Application of this Division | |
| CREDIT SALES | ||
| 34.1 | Credit sales must have scheduled payments | |
| DISCLOSURE IN ADVERTISING | ||
| 34.2 | 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 | Periodic disclosure: floating interest rate | |
| (2) | Disclosure: increase in non-floating interest rate | |
| (3) | Failure to disclose increase within 30 days | |
| 34.5 | 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 | Application of section | |
| (2) | Renewing a credit agreement | |
| MORTGAGE RENEWAL | ||
| 34.8 | 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 | |
| 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 | Frequency of statements of account | |
| (2) | Disclosure in statement of account | |
| (3) | Description of transaction | |
| CREDIT CARDS | ||
| 35.4 | No issuance of unsolicited credit cards | |
| (2) | Onus of proof | |
| 35.5 | 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 | Prior notice of change in information | |
| (2) | Other notice of changes | |
| 35.8 | 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 | Surrender of credit card | |
| (2) | Holder not liable after surrender of card | |
| GENERAL PROVISIONS | ||
| 36 | Definitions | |
| 37 | Application of this Division | |
| DISCLOSURE IN ADVERTISING | ||
| 38 | 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 | Initial disclosure statement | |
| (2) | Additional disclosure: amendments | |
| (3) | Additional disclosure not required | |
| 40 | Maximum residual obligation determined by regulation | |
| 41 | Effect of remedying default | |
| GENERAL PROVISIONS | ||
| 42 | Application of Division | |
| 43 | Rights and remedies cumulative | |
| (2) | Conflict | |
| SEIZURE AND SALE | ||
| 44 | 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 | 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 | Credit grantor may sue or seize | |
| (2) | Credit grantor's rights restored | |
| 48 | Judgment extinguishes security interest | |
| (2) | Seizure to enforce judgment | |
| (3) | Relief from acceleration | |
| 49 | Exemption: goods not found | |
| 50 | Right of recovery: goods destroyed or damaged | |
| (2) | Right of recovery: removed or replaced goods | |
| SALE OF REPOSSESSED GOODS OR COLLATERAL |
||
| 51 | 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 | |
| 52 | Remedies are cumulative | |
| (2) | Provisions apply to lessors and brokers | |
| 53 | Refund of payments | |
| 54 | Compensation | |
| (2) | Set-off or recovery of compensation | |
| 55 | Rebate of part of cost of credit | |
| (2) | Rights preserved | |
| 56 | 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 | |
| 57 | Transitional application of Part II | |
| (2) | Orders re application | |
| PART VI | ||
| STATUTORY WARRANTIES ON | ||
| 58 | 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 | Warranty contract liability | |
| (2) | Sales person not liable | |
| PART VII | ||
| DIRECT SELLERS | ||
| 59 | Application of Part | |
| (2) | Certain types of sales subject to Part | |
| (3) | Place of conclusion of sale | |
| (4) | Address for service | |
| 60 | Where Part not to apply | |
| (2) | Certain selling practices prohibited | |
| (3) | Prohibition against premiums, etc. | |
| 61 | Requirements of written agreement | |
| (2) | Requirements re oral agreement | |
| 62 | 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 | Notice of cancellation | |
| (2) | Method of giving notice | |
| (3) | Adequacy of wording | |
| (4) | Effective date of cancellation | |
| (5) | Address for service | |
| 64 | Effect of cancellation | |
| (2) | Negotiation of new agreement | |
| 65 | 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 | Designation of consumer services officers | |
| (2) | Authority of officer | |
| (3) | Retention of records | |
| (4) | Information confidential | |
| (5) | Exception | |
| 74 | Inquiry by director | |
| (2) to (4) | [Repealed] | |
| PART X | ||
| LICENSING | ||
| 75 | 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 | Licensing of collection agencies | |
| (2) | Employees of collection agents | |
| 77 | Granting and renewal of licences | |
| (2) | Annual licences | |
| 78 | 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 | Refusal to renew licence | |
| (2) | Refusal on ground of circumstances | |
| 80 | Reasons for refusal of licence | |
| (2) | Reasons for imposing conditions and restrictions | |
| 81 | 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 | Notice of cancellation | |
| (2) | Contents of notice of cancellation | |
| (3) | Cancellation of licence | |
| (4) | Effect of cancellation of vendor's licence | |
| 85 | Appeal from decision of director | |
| (2) | Director to comply with court order | |
| 86 | [Repealed] | |
| 87 | Appeal of cancellation | |
| (2) | Time for filing appeal | |
| (3) | Where appeal allowed | |
| (4) | Dismissal of appeal | |
| 88 | Determination of fact by court | |
| (2) | Director as respondent | |
| (3) | Court may substitute its opinion | |
| 89 | 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 | 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 | 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 | |
| 96 | Agreements waiving benefits | |
| 96.1 | Requesting or requiring consumers to waive or limit rights | |
| 97 | 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 | Leave to seize | |
| (2) | Section 45 does not apply to seizure | |
| 101 | Penalty for wrongful collection | |
| (2) | Action on wrongful possession | |
| 102 | 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 | 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 | Trust account | |
| (2) | Withdrawals from trust account | |
| 109 | Appointment of auditors | |
| (2) | Submission of audited statements | |
| 110 | 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 | 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 | Application | |
| (2) | Exception | |
| (3) | Existing contracts | |
| 123 | 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 | Prohibition | |
| (2) | Repayment | |
| 125 | Maximum term | |
| (2) | Fee payable by instalments | |
| (3) | Refund | |
| 126 | No provision for renewal | |
| PART XVI | ||
| INTERNET AGREEMENTS | ||
| 127 | "Internet" defined | |
| 128 | Application | |
| 129 | Buyer may cancel if not provided information | |
| (2) | Electronic methods of providing information | |
| 130 | Buyer may cancel for failure to deliver | |
| (2) | Attempted delivery | |
| 131 | Court may provide relief against cancellation | |
| 132 | Notice of cancellation | |
| (2) | Method of giving notice | |
| (3) | Wording of notice of cancellation | |
| (4) | Effective date of cancellation | |
| 133 | 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 | 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 | Officials may require records | |
| (2) | Duty to provide information | |
| INSPECTIONS | ||
| 135.2 | 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 | Warrant to enter and inspect | |
| (2) | Application without notice | |
| 135.5 | Records to be made available for inspection, etc. | |
| ORDERS | ||
| 135.6 | Order for compliance | |
| (2) | Contents of order | |
| (3) | What a person may be required to do | |
| (4) | Duty to comply | |
| 135.7 | Service of order | |
| (2) | Deemed receipt | |
| (3) | Actual notice is sufficient | |
| 135.8 | Appeal of compliance order | |
| (2) | How to appeal | |
| (3) | Court's decision | |
| 135.9 | Public disclosure | |
| 135.10 | Court-ordered compliance | |
| (2) | Order | |
| 135.11 | Injunction | |
| 135.12 | 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 | 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 | 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 | Application | |
| (2) | Limited application to existing loans | |
| (3) | Interpretation of ambiguous statement | |
| 138.1 | Interpretation re broker's assistance | |
| LICENSING | ||
| 139 | Licence required to provide payday loans | |
| (2) | Use of name | |
| 140 | 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 | Licence not transferable or assignable | |
| (2) | Terms and conditions of licence | |
| (3) | Duration of licence | |
| (4) | Validity during consideration of renewal application | |
| 142 | Refusal to issue licence | |
| (2) | Where applicant is a corporation or partnership | |
| (3) | Reasons for refusal | |
| 143 | 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 | Appeal | |
| (2) | How to appeal | |
| (3) | Court's decision | |
| 145 | Director may apply for injunction | |
| (2) | Court may grant injunction | |
| 146 | Giving of notices, etc. by the director | |
| (2) | Deemed receipt | |
| (3) | Actual notice is sufficient | |
| OBLIGATIONS AND PROHIBITIONS | ||
| 147 | Limit re cost of credit | |
| (2) | Consequences of failure to comply | |
| 148 | Documents to be given at time of initial advance | |
| (2) | Documents and information must be clear | |
| 148.1 | Cash card | |
| (2) | Balance applied to repayment | |
| 149 | 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 | Wage assignments not valid | |
| (2) | Requesting or requiring wage assignment prohibited | |
| (3) | "Assignment of wages" defined | |
| 151.1 | Maximum amount of loan | |
| (2) | Consequence of failure to comply | |
| 152 | Limit on charges for extension or renewal of term or for replacement loan | |
| (2) | Consequences of failure to comply | |
| 153 | Limit to amounts payable for default | |
| (2) | Consequences of failure to comply | |
| 154 | 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 | Regulations | |
| (2) | Scope and application of regulation | |
| (3) | Regulations about Internet payday loans | |
| THE PUBLIC UTILITIES BOARD | ||
| 164 | "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 | 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 | Definition of "payer" | |
| (2) | Consequences of failure to comply | |
| 168 | Regulations | |
| (2) | Application of regulation | |
| 169 | "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 | No expiry date | |
| (2) | Valid until redeemed or replaced | |
| 172 | Information to be provided | |
| 173 | Regulations | |
| (2) | Restriction on inactivity fees | |
| PART XXI | ||
| NEGATIVE OPTION MARKETING | ||
| DEFINITIONS | ||
| 174 | Definitions | |
| (2) | When negative option marketing does not occur | |
| (3) | Request not inferred | |
| OBLIGATIONS AND RIGHTS | ||
| 175 | Negative option marketing prohibited | |
| 176 | No consumer liability | |
| (2) | No consumer obligation re use, etc. | |
| 177 | Consumer's remedy: refund | |
| (2) | Supplier must refund | |
| MATERIAL CHANGE IN PERIODIC SUPPLY OF GOODS OR SERVICES |
||
| 178 | 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 | ||
| 180 to 211 [Repealed] S.M. 2011, c. 25, s. 2; S.M. 2013, c. 45, s. 20; S.M. 2021, c. 31, s. 8. |
||
| PART XXIII | ||
| MOTOR VEHICLE WORK AND REPAIRS |
||
| 212 | Definitions | |
| 213 | Non-application | |
| (2) | Same meaning | |
| 214 | Estimate | |
| (2) | Exception | |
| (3) | Application | |
| 215 | Fee may be charged for preparing estimate | |
| (2) | Items included in fee | |
| 216 | Authorization required | |
| 217 | Exceeding estimate restricted | |
| (2) | Consequence of failure to comply | |
| 218 | Authorization not in writing | |
| (2) | Additional work or repairs require estimate and authorization | |
| 219 | Posting signs | |
| 220 | Return of parts | |
| (2) | Parts kept separate | |
| (3) | Exception | |
| 221 | Invoice | |
| 222 | 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 | Regulations | |
| (2) | Scope and application of regulations | |
| PART XXIV | ||
| MOTOR VEHICLE ADVERTISING AND INFORMATION DISCLOSURE |
||
| 229 | Definitions | |
| 230 | False advertising | |
| 231 | 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 | Regulations | |
| (2) | Scope and application of regulations | |
| PART XXV | ||
| HIGH-COST CREDIT PRODUCTS | ||
| INTERPRETATION AND APPLICATION | ||
| 237 | Definitions | |
| 238 | Application | |
| (2) | Non-application | |
| 239 | Interpretation re broker's assistance | |
| 240 | Interpretation of ambiguous statement | |
| LICENSING | ||
| 241 | Licence required | |
| (2) | Use of name | |
| 242 | Application for licence or renewal of licence | |
| (2) | More than one licence required | |
| (3) | Applicant to provide information | |
| (4) | Licence fee | |
| 243 | Licence not transferable or assignable | |
| (2) | Terms and conditions of licence | |
| (3) | Duration of licence | |
| (4) | Validity during consideration of renewal application | |
| 244 | Refusal to issue licence | |
| (2) | Where applicant is a corporation or partnership | |
| (3) | Reasons for refusal | |
| 245 | 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 | Appeal | |
| (2) | How to appeal | |
| (3) | Court's decision | |
| 247 | Director may apply for injunction | |
| (2) | Court may grant injunction | |
| 248 | Giving of notices, etc. by the director | |
| (2) | Deemed receipt | |
| (3) | Actual notice is sufficient | |
| DISCLOSING INFORMATION | ||
| 249 | 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 | Reasonable time to review agreement before signing | |
| (2) | Copy of entire credit agreement, other documents | |
| POSTING SIGNS | ||
| 251 | Requirement to post signs | |
| (2) | Signs to be posted prominently | |
| (3) | Information to be posted on signs | |
| CANCELLING AGREEMENT | ||
| 252 | 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 | No fee on prepayment of outstanding balance | |
| RECORDS | ||
| 254 | Records to be kept by high-cost credit grantor | |
| REGULATIONS | ||
| 255 | Regulations | |
| (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 | Credit agreements | |
| (2) | Exception | |
| (3) | Regulations | |
| PART XXVI | ||
| 257 to 260 | [Repealed] | |