R.S.M. 1987, c. C200

The Consumer Protection Act

Back to the 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
118 Deposits more than $50. to be held in trust.
(2) Use of deposit.
119 Liability where deposit not held in trust.
120 Commencement.