C.C.S.M. c. B120
The Business Practices Act
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Table of Contents
| 1 | Definitions | |
| PART I | ||
| UNFAIR BUSINESS PRACTICES | ||
| 2 | Deceiving or misleading | |
| (2) | General impression | |
| (3) | Deemed unfair business practices | |
| 3 | Taking advantage, using undue pressure | |
| (2) | Deemed unfair business practices | |
| (3) | Factors to consider | |
| 3.1 | Renegotiation of price, etc. | |
| 4 | Privity of contract | |
| 5 | Unfair business practices prohibited | |
| 6 | Unfair business practices of employees | |
| (2) | Unfair business practices of employees prohibited | |
| (3) | Liability of both supplier and employee | |
| 7 | Time of occurrence | |
| 8 | Single act | |
| 9 | Advertising | |
| PART II | ||
| ADMINISTRATION AND ENFORCEMENT | ||
| 10 | Appointment of director | |
| 11 | Delegation | |
| 12 | Appointment of experts | |
| 13 | Duties and powers of director | |
| 14 | Mediation | |
| (2) | Refusal to mediate | |
| 14.1 | 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 | |
| 14.2 | Copies as evidence | |
| 14.3 | Warrant to enter and inspect | |
| (2) | Application without notice | |
| 15 | General authority to investigate | |
| 16 | Warrant for search and seizure | |
| (2) | Application without notice | |
| 17 | Receipt for documents retained | |
| (2) | Documents to be returned | |
| (3) | Concealing or destroying documents | |
| 18 | Order to cease committing unfair business practice | |
| (1.1) | Order takes effect in 14 days | |
| (2) | Service of order | |
| (3) | Appeal to court | |
| (4) | Court order on appeal | |
| (5) | Parties | |
| (6) | Burden of evidence | |
| 19 | Order where money received | |
| (2) | Order to be reasonable | |
| (3) | Variation of order | |
| (4) | Payment into court | |
| (5) | Renewal of order | |
| (6) | Bond in lieu of order | |
| (7) | Forfeiture of bond or security | |
| 20 | Assurance of voluntary compliance | |
| (2) | Forfeiture of security | |
| (3) | Appeal from forfeiture | |
| (4) | Payment of monies | |
| (5) | Disposition of unexpended moneys | |
| (6) | Bond of person other than supplier | |
| (7) | Director may issue order, apply to court | |
| 21 | Injunction | |
| 22 | Investigation by order of minister | |
| PART III | ||
| RIGHT OF ACTION | ||
| 23 | Action by consumer | |
| (2) | Court order | |
| (3) | Factor to be considered | |
| (4) | Exemplary or punitive damages | |
| 24 | Action by director for consumer | |
| (2) | Conditions for action by director | |
| (3) | Court order | |
| (4) | Parties | |
| 25 | Assignees | |
| PART IV | ||
| GENERAL | ||
| 26 | Information confidential | |
| (2) | Exception | |
| (3) | Exception — communication of information | |
| 27 | Evidence not compellable | |
| 28 | Release of rights void | |
| 28.1 | Requesting or requiring consumers to waive, release or limit rights prohibited | |
| 29 | Other remedies | |
| 30 | Transitional | |
| 31 | Protection from liability | |
| 32 | Regulations | |
| (2) | Public consultation | |
| (3) | [Repealed] | |
| 33 | Offence and penalty | |
| (1.1) | Order filed in court | |
| (2) | Officers and directors | |
| (3) | Limitation | |
| (4) | [Repealed] | |
| 34 | Reference in Continuing Consolidation | |
| 35 | Coming into force | |
| Back to the Act | Bilingual (PDF) |