.png){kind=small}
R.S.M. 1987, c. C200
The Consumer Protection Act
Table of Contents
| 1 | Definitions. | |
| (2) | Non-application of exception. | |
| 2 | Rules to determine price and cost of borrowing. | |
| (2) | Disclosure of cash price of goods or services. | |
| 3 | Application of Act. | |
| PART I
DISCLOSURE OF COST OF BORROWING |
||
| 4 | Application of section. | |
| (2) | Contents of agreement. | |
| (3) | Variable rate agreement. | |
| (4) | Written notice. | |
| (5) | Consequence of failure to disclose. | |
| 5 | Application to hire-purchase. | |
| (2) | Contents of agreement. | |
| (3) | Variable rate agreement. | |
| (4) | Written notice. | |
| (5) | Consequence of failure to disclose. | |
| 6 | Buyer to have copy of agreement. | |
| (2) | Acknowledgment of receiving agreement. | |
| (3) | Right to accounting. | |
| (4) | Director may order accounting. | |
| 7 | Dates of payments. | |
| 8 | Delivery of goods, etc. | |
| (2) | Late delivery. | |
| (3) | Rights preserved. | |
| 9 | Where sec. 8 not to apply. | |
| 10 | Date for calculation of cost of borrowing. | |
| 11 | Payments before delivery or service. | |
| 12 | Application of section. | |
| (2) | Contents of master agreement. | |
| (3) | Table of charges. | |
| (4) | Separate document for charges. | |
| (5) | Delivery of master agreement. | |
| (6) | Several master agreements. | |
| (7) | Agreement to govern credit. | |
| (8) | Copies of master agreement. | |
| (9) | Variations in master agreement. | |
| (10) | Statement of disclosure. | |
| (11) | Decreasing payments or rates. | |
| (12) | Liability of borrower under master agreement. | |
| (13) | New master agreement. | |
| (14) | Where rate of charges not stated. | |
| (15) | Agreements before Act. | |
| (16) | Delivery of goods or services on variable credit. | |
| (17) | Late delivery. | |
| (18) | Rights preserved. | |
| 13 | Application of section. | |
| (2) | Contents of agreement. | |
| (3) | Variable rate agreement. | |
| (4) | Written notice. | |
| (5) | Consequence of failure to disclose. | |
| (6) | Separate document permitted. | |
| (7) | Definition. | |
| (8) | Particulars in chattel mortgage. | |
| 14 | Refinancing existing indebtedness. | |
| (2) | Refinancing combined with new loan. | |
| (3) | Refinancing combined with further purchase. | |
| (4) | Application of payments. | |
| (5) | Refinancing not to be combined with hire-purchase. | |
| (6) | Additional insurance charges. | |
| 15 | Dates for periodic payments. | |
| 16 | Loans advanced over period. | |
| 17 | Advancing loan. | |
| 18 | Rebate where loan not advanced. | |
| 19 | Delivery of copy of agreement. | |
| (2) | Right to accounting. | |
| (3) | Director may order accounting. | |
| 20 | Payments on borrower's account as cost of borrowing. | |
| 21 | Compliance with requirements for agreements. | |
| 22 | Proof of insurance. | |
| (2) | Liability for insurance premium. | |
| 23 | Incorrect statements in agreements. | |
| (2) | Inadvertent mistakes in cost of borrowing. | |
| (3) | Inadvertent mistakes in other statements. | |
| (4) | Investigation of inadvertent mistakes. | |
| (5) | Appearance by director. | |
| 24 | Understatement of cost of borrowing rate on variable credit | |
| (2) | Where no master agreement on variable credit. | |
| (3) | Cost of borrowing on variable credit restricted. | |
| (4) | Recovery of excess interest paid. | |
| 25 | Loans not in writing or at wrong rate. | |
| (2) | Refinancing not properly stated. | |
| (3) | Recovery of excess costs of borrowing. | |
| 26 | Definition of "advertisement". | |
| (2) | Certain restrictions on advertising. | |
| (3) | Print size to be easily readable. | |
| (4) | Certain alternative arrangements prohibited. | |
| 27 | Offence in advertising. | |
| (2) | Exception. | |
| (3) | Onus of proof. | |
| PART II
PREPAYMENT PRIVILEGES |
||
| 28 | Application of section. | |
| (2) | Prepayment and rebate. | |
| (3) | Credit grantor's allowance. | |
| (4) | Deducting rebate from payment. | |
| (5) | Statement of prepayment. | |
| 29 | Prepayment of variable credit. | |
| 30 | Surrender of security. | |
| PART III
RELIEF AGAINST ACCELERATION AND FORFEITURE |
||
| 31 | Application of Part. | |
| (2) | Definition. | |
| 32 | Default charges. | |
| (2) | Restrictions on default charges. | |
| (3) | Penalty. | |
| 33 | Acceleration on default | |
| (2) | Restrictions on acceleration. | |
| (3) | Default after extension. | |
| (4) | Meaning of "payments in default". | |
| (5) | Acceleration provisions continue in effect. | |
| 34 | Other penalties void. | |
| 35 | Damages for breach of obligation. | |
| (2) | Penalty for breach. | |
| 36 | Relief against acceleration, seizure and forfeiture. | |
| 37 | Absolute discretion of creditor. | |
| (2) | Powers to preserve security. | |
| (3) | Relief against powers. | |
| 38 | Granting relief. | |
| 39 | Staying of seizure or action. | |
| (2) | Return of seized goods where default remedied. | |
| PART IV
TIME SALES |
||
| 40 | Content of time sale agreement. | |
| (2) | Delivery of copy to buyer. | |
| 41 | Compliance with other requirements. | |
| 42 | Time sale under master agreement. | |
| 43 | Serial numbers or distinguishing marks. | |
| 44 | Non-compliance with secs. 40, 42 or 43. | |
| (2) | Partial effect of seller's lien. | |
| (3) | Correction of description by consent. | |
| (4) | Correction of description by court. | |
| (5) | Seller not prejudiced by variations. | |
| 45 | Chattel mortgage for purchase price. | |
| (2) | Prohibition. | |
| 46 | Waiting period after seizure. | |
| (2) | Notice of seizure. | |
| (3) | Resale with consent of buyer. | |
| (4) | Notice if more than one buyer. | |
| 47 | Rights of buyer on seizure. | |
| (2) | Notice of seizure. | |
| (3) | Right to redeem. | |
| (4) | Court may relieve. | |
| (5) | Costs. | |
| 48 | Reckoning time for notice. | |
| 49 | Leave required for seizure. | |
| (2) | Notice of application for leave. | |
| (3) | Setting aside ex parte order. | |
| (4) | Considerations by court. | |
| (5) | Secs. 46 and 47 not to apply. | |
| 50 | Delivery of notice, etc. | |
| (2) | Where notice late. | |
| (3) | Extension of time for redemption. | |
| 51 | Protection removed. | |
| (2) | Order made when buyer absent. | |
| (3) | Substitutional service. | |
| 52 | Right of buyer to move or charge goods. | |
| (2) | Restriction on moving and charging goods. | |
| (3) | Order to protect seller's interest. | |
| 53 | No right to sue after seizure. | |
| (2) | Restoration of seller's rights. | |
| (3) | Judgment extinguishes lien on goods. | |
| (4) | Exemption from subsec. (3). | |
| (5) | Execution of collateral under judgment. | |
| (6) | Judgment for part of balance. | |
| (7) | Exemption from subsecs. (1), (5) and (6). | |
| (8) | Where collateral damaged. | |
| 54 | Removal or replacement of collateral. | |
| 55 | Resale of seized collateral. | |
| (2) | Price for resale of collateral. | |
| (3) | Payment of excess to buyer. | |
| (4) | Cost of repair. | |
| (5) | Charge of overhead. | |
| (6) | Retention in lieu of resale. | |
| (7) | Disposal of goods. | |
| 56 | Additional collateral on time sale prohibited. | |
| (2) | Rights in excess collateral under variable credit | |
| (3) | Demand payments. | |
| PART V
CHATTEL MORTGAGES |
||
| 57 | Leave to repossess. | |
| (2) | Notice of application for leave. | |
| (3) | Setting aside order for leave to seize. | |
| (4) | Considerations of court. | |
| (5) | Conditions of leave to seize. | |
| (6) | Extension of time to pay. | |
| (7) | Delivery of notice, etc. | |
| (8) | Extension of time to set aside order. | |
| (9) | Additional rights of mortgagor. | |
| (10) | Conflict with sec. 49. | |
| (11) | Mortgagee not prejudiced by variations. | |
| (12) | Repossession prohibited in certain cases. | |
| (13) | Investigation of inadvertent mistake. | |
| (14) | Appearance by director. | |
| (15) | Notice by mortgagee in case of repossession. | |
| (16) | Sale of repossessed goods. | |
| (17) | Dispute as to realized value. | |
| (18) | Exception. | |
| PART VI
STATUTORY WARRANTIES ON RETAIL SALES |
||
| 58 | Warranties on sale. | |
| (2) | Statement of conditions. | |
| (3) | Statements relating to goods on time 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. | |
| 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 | Cancellation within four days. | |
| 62 | Statement required in agreement. | |
| (2) | Terms of agreement in addition to other rights. | |
| (3) | Cancellation where statement omitted. | |
| (4) | Rectifying omission of statement. | |
| (5) | Notice as part of agreement. | |
| (6) | Refusal of notice. | |
| (7) | Delivery of agreement. | |
| (8) | Reckoning of time. | |
| 63 | Cancellation for other reasons. | |
| (2) | Relief against cancellation. | |
| 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
ASSIGNEES AND GUARANTORS |
||
| 66 | Assignment of rights of borrower. | |
| (2) | Reservation of rights. | |
| (3) | Assignees included in "borrower" and "buyer". | |
| (4) | Rights of guarantors, etc. | |
| (5) | Assignee's obligations fixed by court. | |
| 67 | Rights and obligations of assignee. | |
| (2) | Credit grantor to comply with certain provisions of the Act | |
| (3) | Rights of borrowers against assignee. | |
| (4) | Restrictions apply to assignees. | |
| (5) | Effect of cancellation. | |
| (6) | Recovery under promissory note. | |
| (7) | Set-off for breach of condition, etc. | |
| (8) | Documents to follow assignment. | |
| 68 | Assignee of chattel mortgage. | |
| (2) | Onus of assignee. | |
| 69 | Where seller not mortgagee. | |
| (2) | Disclosure to assignee. | |
| (3) | Disclosure required. | |
| (4) | Relief of assignee. | |
| (5) | Onus of assignee. | |
| (6) | Exception. | |
| PART IX
CONSUMERS' BUREAU |
||
| 70 | Bureau continued. | |
| 71 | Administration of bureau. | |
| 72 | Duties of director. | |
| 73 | Investigation of complaints. | |
| (2) | Access to documents. | |
| (3) | Retention of records. | |
| (4) | Information confidential. | |
| (5) | Exception. | |
| (6) | Authority for access. | |
| (7) | Where order may be issued. | |
| 74 | Inquiry by director. | |
| (2) | Restraining order. | |
| (3) | Service of order on person. | |
| (4) | Service of order. | |
| PART X
LICENSING |
||
| 75 | 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 | Licensing of collection agencies. | |
| (2) | Employees of collection agencies. | |
| 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. | |
| (2) | Authority of vendor's licence. | |
| (3) | Authority of direct seller's licence. | |
| (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 | Warning of cancellation. | |
| (2) | Exception. | |
| 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 | Application to court re warning. | |
| (2) | Stay of further notices. | |
| 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 | Actions against employees in bureau. | |
| 93 | Advertising licence prohibited. | |
| 94 | Penalties. | |
| (2) | Further action by court. | |
| (3) | Filing of order in court. | |
| 95 | Limitation period for complaint. | |
| 96 | Agreements waiving benefits. | |
| 97 | Regulations. | |
| PART XII
COLLECTION PRACTICES |
||
| 98 | Prohibitions. | |
| 99 | Further meaning of debtor. | |
| 100 | Leave to seize. | |
| (2) | Application of sections 46 and 47 to seizure. | |
| 101 | Penalty for wrongful collection. | |
| (2) | Action on wrongful possession. | |
| 102 | Restriction on use of name. | |
| (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 bureau. | |
| 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 | Verification of information. | |
| PART XIII
CREDIT CARDS |
||
| 113 | Definitions. | |
| 114 | Limitation on issuance of credit card. | |
| (2) | Onus of proof. | |
| 115 | Non-application of section 114. | |
| (2) | Refusal of a credit card. | |
| 116 | Liability where credit card lost. | |
| (2) | Liability of credit card holder. | |
| (3) | Liability of card holder where card surrendered. | |
| (4) | Duties of agent upon surrender of credit card. | |
| 117 | Onus of proof in disputes. | |
| PART XIV
DEPOSITS |
||
| 118 | Deposits more than $50. to be held in trust. | |
| (2) | Use of deposit. | |
| 119 | Liability where deposit not held in trust. | |
| 120 | Commencement. | |