Consumer Protection Act, 2002

S.O. 2002, Chapter 30
Schedule A

Historical version for the period March 1, 2022 to December 5, 2023.

Last amendment: 2021, c. 26, Sched. 3, s. 65.

Legislative History: 2004, c. 19, s. 7; 2006, c. 17, s. 249; 2006, c. 21, Sched. F, s. 136 (1); 2006, c. 29, s. 60; 2006, c. 34, s. 8; 2007, c. 4, s. 26; 2008, c. 9, s. 79; 2010, c. 8, s. 36; 2013, c. 13, Sched. 2; 2014, c. 9, Sched. 1; 2016, c. 34; 2017, c. 2, Sched. 12, s. 3; 2017, c. 5, Sched. 2, s. 13-20; 2018, c. 3, Sched. 5, s. 14 (see: 2019, c. 1, Sched. 3, s. 5); 2019, c. 1, Sched. 4, s. 12; 2019, c. 14, Sched. 10, s. 4; 2020, c. 14, Schedule 3; 2020, c. 36, Sched. 7, s. 303; 2021, c. 26, Sched. 3, s. 65.

CONTENTS

 

Part I
Interpretation and Application

Interpretation

1 In this Act,

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 14, Sched. 3, s. 1)

“administrative penalty” means an administrative penalty imposed under section 104.0.1; (“pénalité administrative”)

“consumer” means an individual acting for personal, family or household purposes and does not include a person who is acting for business purposes; (“consommateur”)

“consumer agreement” means an agreement between a supplier and a consumer in which,

(a) the supplier agrees to supply goods or services for payment, or

(b) the supplier agrees to provide rewards points to the consumer, on the supplier’s own behalf or on behalf of another supplier, when the consumer purchases goods or services or otherwise acts in a manner specified in the agreement; (“convention de consommation”)

“consumer transaction” means any act or instance of conducting business or other dealings with a consumer, including a consumer agreement; (“opération de consommation”)

“credit card” means a card or device under which a borrower can obtain advances under a credit agreement, as defined in Part VII, for open credit; (“carte de crédit”)

“Director” means the person designated as the Director under the Ministry of Consumer and Business Services Act; (“directeur”)

“future performance agreement” means a consumer agreement in respect of which delivery, performance or payment in full is not made when the parties enter the agreement; (“convention à exécution différée”)

“goods” means any type of property; (“marchandises”)

“initiation fee” means a fee in addition to an annual membership fee; (“droit d’entrée”)

“internet” means the decentralized global network connecting networks of computers and similar devices to each other for the electronic exchange of information using standardized communication protocols; (“Internet”)

“internet gaming site” means an internet site that accepts or offers to accept wagers or bets over the internet,

(a) as part of the playing of or participation in any game of chance or mixed chance and skill that is to take place inside or outside of Canada, or

(b) on any contingency or on any event that may or is to take place inside or outside of Canada,

including, without restricting the generality of the foregoing, a casino game, card game, horse race, fight, match, sporting event or contest; (“site de jeux en ligne”)

“loan broker” means,

(a) a supplier of loan brokering, or

(b) a person who holds themself out to be a person described in clause (a); (“courtier en prêts”)

“loan brokering” means services or goods that are intended to assist a consumer in obtaining credit or a loan of money, including obtaining credit or a loan of money from the loan broker who is providing the services or goods to the consumer; (“courtage en prêts”)

“Minister” means the Minister of Consumer and Business Services or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; (“ministre”)

“Ministry” means the Ministry of Consumer and Business Services; (“ministère”)

“officer” includes the chair and any vice-chair of the board of directors, the president and any vice-president, the secretary and assistant secretary, the treasurer and assistant treasurer and the general manager and assistant general manager of the corporation or a partner or general manager and assistant general manager of a partnership, any other individual designated as an officer by by-law or resolution or any other individual who performs functions normally performed by an individual occupying such office; (“dirigeant”)

“open credit” means credit or a loan of money under a credit agreement, as defined in Part VII, that,

(a) anticipates multiple advances to be made as requested by the borrower in accordance with the agreement, and

(b) does not define the total amount to be advanced to the borrower under the agreement, although it may impose a credit limit; (“crédit en blanc”)

“payment” means consideration of any kind, including an initiation fee; (“paiement”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“regulations” means regulations made under this Act; (“règlements”)

“representation” means a representation, claim, statement, offer, request or proposal that is or purports to be,

(a) made respecting or with a view to the supplying of goods or services to consumers, or

(b) made for the purpose of receiving payment for goods or services supplied or purporting to be supplied to consumers; (“assertion”)

“rewards points” means, subject to the regulations, points provided to a consumer under a consumer agreement that can be exchanged for money, goods or services; (“points de récompense”)

“services” means anything other than goods, including any service, right, entitlement or benefit; (“services”)

“supplier” means a person who is in the business of selling, leasing or trading in goods or services or is otherwise in the business of supplying goods or services, including the supply of rewards points, and includes an agent of the supplier and a person who holds themself out to be a supplier or an agent of the supplier; (“fournisseur”)

“trade-in allowance” means the greater of,

(a) the price or value of the consumer’s goods or services as set out in a trade-in arrangement, and

(b) the market value of the consumer’s goods or services when taken in trade under a trade-in arrangement; (“valeur de reprise”)

“trade-in arrangement” means an arrangement under which a consumer agrees to sell his or her own goods or services to the supplier and the supplier accepts the goods or services as all or part of the consideration for supplying goods or services; (“convention de reprise”)

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or such other tribunal as may be prescribed. (“Tribunal”)  2002, c. 30, Sched. A, s. 1; 2004, c. 19, s. 7 (1-4); 2006, c. 34, s. 8 (1); 2008, c. 9, s. 79 (1); 2013, c. 13, Sched. 2,  s. 1; 2016, c. 34, s. 1; 2017, c. 5, Sched. 2, s. 13.

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (1-4) - 30/07/2005

2006, c. 34, s. 8 (1) - 01/01/2008

2008, c. 9, s. 79 (1) - 01/07/2009

2013, c. 13, Sched. 2, s. 1 - 12/12/2013

2016, c. 34, s. 1 (1-3) - 01/01/2018

2017, c. 5, Sched. 2, s. 13 - 13/04/2017

2020, c. 14, Sched. 3, s. 1 - not in force

Application

2 (1) Subject to this section, this Act applies in respect of all consumer transactions if the consumer or the person engaging in the transaction with the consumer is located in Ontario when the transaction takes place.  2002, c. 30, Sched. A, s. 2 (1).

Exceptions

(2) This Act does not apply in respect of,

(a) consumer transactions regulated under the Securities Act;

(b) financial services related to investment products or income securities;

(c) financial products or services regulated under the Insurance Act, the Credit Unions and Caisses Populaires Act, 2020, the Loan and Trust Corporations Act or the Mortgage Brokerages, Lenders and Administrators Act, 2006;

(d) consumer transactions regulated under the Commodity Futures Act;

(e) prescribed professional services that are regulated under a statute of Ontario;

(f) consumer transactions for the purchase, sale or lease of real property, except transactions with respect to time share agreements as defined in section 20; and

(g) consumer transactions regulated under the Residential Tenancies Act, 2006.  2002, c. 30, Sched. A, s. 2 (2); 2006, c. 17, s. 249; 2006, c. 29, s. 60; 2020, c. 36, Sched. 7, s. 303 (1).

Same

(3) This Act does not apply to the supply of a public utility or to any charge for the transmission, distribution or storage of gas as defined in the Ontario Energy Board Act, 1998 if such charge has been approved by the Ontario Energy Board.  2002, c. 30, Sched. A, s. 2 (3).

(4) Repealed:  2010, c. 8, s. 36 (1).

Definition

(5) In this section,

“public utility” means water, artificial or natural gas, electrical power or energy, steam or hot water. (“service public”)  2002, c. 30, Sched. A, s. 2 (5); 2010, c. 8, s. 36 (2).

Agreement for supply of appliances

(6) For greater certainty, despite clause (2) (f), this Act applies to a consumer agreement under which a supplier supplies goods to a consumer that are not part of real property at the time the parties enter into the agreement but that subsequently become so under the agreement. 2017, c. 5, Sched. 2, s. 14.

Section Amendments with date in force (d/m/y)

2006, c. 17, s. 249 - 31/01/2007; 2006, c. 29, s. 60 - 1/07/2008

2010, c. 8, s. 36 - 01/01/2011

2017, c. 5, Sched. 2, s. 14 - 01/03/2018

2020, c. 36, Sched. 7, s. 303 (1) - 01/03/2022

Anti-avoidance

3 In determining whether this Act applies to an entity or transaction, a court or other tribunal shall consider the real substance of the entity or transaction and in so doing may disregard the outward form.  2002, c. 30, Sched. A, s. 3; 2008, c. 9, s. 79 (2).

Section Amendments with date in force (d/m/y)

2008, c. 9, s. 79 (2) - 01/07/2009

Consumer agreements

4 A consumer agreement that meets the criteria of more than one type of agreement to which this Act applies shall comply with the provisions of this Act and of the regulations that apply to each type of agreement for which it meets the criteria, except where the application of the provisions is excluded by the regulations.  2004, c. 19, s. 7 (5).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (5) - 30/07/2005

Disclosure of information

5 (1) If a supplier is required to disclose information under this Act, the disclosure must be clear, comprehensible and prominent.  2002, c. 30, Sched. A, s. 5 (1).

Delivery of information

(2) If a supplier is required to deliver information to a consumer under this Act, the information must, in addition to satisfying the requirements in subsection (1), be delivered in a form in which it can be retained by the consumer.  2002, c. 30, Sched. A, s. 5 (2).

PART II
Consumer Rights and Warranties

Rights reserved

6 Nothing in this Act shall be interpreted to limit any right or remedy that a consumer may have in law.  2002, c. 30, Sched. A, s. 6.

No waiver of substantive and procedural rights

7 (1) The substantive and procedural rights given under this Act apply despite any agreement or waiver to the contrary.  2002, c. 30, Sched. A, s. 7 (1).

Limitation on effect of term requiring arbitration

(2) Without limiting the generality of subsection (1), any term or acknowledgment in a consumer agreement or a related agreement that requires or has the effect of requiring that disputes arising out of the consumer agreement be submitted to arbitration is invalid insofar as it prevents a consumer from exercising a right to commence an action in the Superior Court of Justice given under this Act.  2002, c. 30, Sched. A, s. 7 (2).

Procedure to resolve dispute

(3) Despite subsections (1) and (2), after a dispute over which a consumer may commence an action in the Superior Court of Justice arises, the consumer, the supplier and any other person involved in the dispute may agree to resolve the dispute using any procedure that is available in law.  2002, c. 30, Sched. A, s. 7 (3).

Settlements or decisions

(4) A settlement or decision that results from the procedure agreed to under subsection (3) is as binding on the parties as such a settlement or decision would be if it were reached in respect of a dispute concerning an agreement to which this Act does not apply.  2002, c. 30, Sched. A, s. 7 (4).

Non-application of Arbitration Act, 1991

(5) Subsection 7 (1) of the Arbitration Act, 1991 does not apply in respect of any proceeding to which subsection (2) applies unless, after the dispute arises, the consumer agrees to submit the dispute to arbitration.  2002, c. 30, Sched. A, s. 7 (5).

Class proceedings

8 (1) A consumer may commence a proceeding on behalf of members of a class under the Class Proceedings Act, 1992 or may become a member of a class in such a proceeding in respect of a dispute arising out of a consumer agreement despite any term or acknowledgment in the consumer agreement or a related agreement that purports to prevent or has the effect of preventing the consumer from commencing or becoming a member of a class proceeding.  2002, c. 30, Sched. A, s. 8 (1).

Procedure to resolve dispute

(2) After a dispute that may result in a class proceeding arises, the consumer, the supplier and any other person involved in it may agree to resolve the dispute using any procedure that is available in law.  2002, c. 30, Sched. A, s. 8 (2).

Settlements or decisions

(3) A settlement or decision that results from the procedure agreed to under subsection (2) is as binding on the parties as such a settlement or decision would be if it were reached in respect of a dispute concerning an agreement to which this Act does not apply.  2002, c. 30, Sched. A, s. 8 (3); 2008, c. 9, s. 79 (3).

Non-application of Arbitration Act, 1991

(4) Subsection 7 (1) of the Arbitration Act, 1991 does not apply in respect of any proceeding to which subsection (1) applies unless, after the dispute arises, the consumer agrees to submit the dispute to arbitration.  2002, c. 30, Sched. A, s. 8 (4); 2008, c. 9, s. 79 (4).

Section Amendments with date in force (d/m/y)

2008, c. 9, s. 79 (3, 4) - 01/07/2009

Quality of services

9 (1) The supplier is deemed to warrant that the services supplied under a consumer agreement are of a reasonably acceptable quality.  2002, c. 30, Sched. A, s. 9 (1).

Quality of goods

(2) The implied conditions and warranties applying to the sale of goods by virtue of the Sale of Goods Act are deemed to apply with necessary modifications to goods that are leased or traded or otherwise supplied under a consumer agreement.  2002, c. 30, Sched. A, s. 9 (2).

Same

(3) Any term or acknowledgement, whether part of the consumer agreement or not, that purports to negate or vary any implied condition or warranty under the Sale of Goods Act or any deemed condition or warranty under this Act is void.  2002, c. 30, Sched. A, s. 9 (3).

Same

(4) If a term or acknowledgement referenced in subsection (3) is a term of the agreement, it is severable from the agreement and shall not be evidence of circumstances showing an intent that the deemed or implied warranty or condition does not apply.  2002, c. 30, Sched. A, s. 9 (4).

Estimates

10 (1) If a consumer agreement includes an estimate, the supplier shall not charge the consumer an amount that exceeds the estimate by more than 10 per cent.  2002, c. 30, Sched. A, s. 10 (1).

Performance of consumer agreement

(2) If a supplier charges an amount that exceeds the estimate by more than 10 per cent, the consumer may require that the supplier provide the goods or services at the estimated price.  2002, c. 30, Sched. A, s. 10 (2).

Subsequent agreement

(3) Nothing in this section prevents a consumer and a supplier from agreeing to amend the estimate or price in a consumer agreement, if the consumer requires additional or different goods or services.  2002, c. 30, Sched. A, s. 10 (3).

Ambiguities to benefit consumer

11 Any ambiguity that allows for more than one reasonable interpretation of a consumer agreement provided by the supplier to the consumer or of any information that must be disclosed under this Act shall be interpreted to the benefit of the consumer.  2002, c. 30, Sched. A, s. 11.

Charging consumers for assistance

12 No person shall charge a consumer for assisting the consumer to obtain any benefit, right or protection to which the consumer is entitled under this Act, unless, before the consumer agrees to pay the charge, the person discloses the entitlement’s existence and direct availability to the consumer and the cost, if any, the consumer would be required to pay for the entitlement if the consumer obtained the entitlement directly.  2002, c. 30, Sched. A, s. 12.

Unsolicited goods or services: relief from legal obligations

13 (1) Except as provided in this section, a recipient of unsolicited goods or services has no legal obligation in respect of their use or disposal.  2002, c. 30, Sched. A, s. 13 (1).

No payment for unsolicited goods or services

(2) No supplier shall demand payment or make any representation that suggests that a consumer is required to make payment in respect of any unsolicited goods or services despite their use, receipt, misuse, loss, damage or theft.  2002, c. 30, Sched. A, s. 13 (2).

Request not inferred

(3) A request for goods or services shall not be inferred solely on the basis of payment, inaction or the passing of time.  2002, c. 30, Sched. A, s. 13 (3).

Material change deemed unsolicited

(4) If a consumer is receiving goods or services on an ongoing or periodic basis and there is a material change in such goods or services, the goods or services shall be deemed to be unsolicited from the time of the material change forward unless the supplier is able to establish that the consumer consented to the material change.  2002, c. 30, Sched. A, s. 13 (4).

Form of consent

(5) A supplier may rely on a consumer’s consent to a material change that is made orally, in writing or by other affirmative action but the supplier shall bear the onus of proving the consumer’s consent.  2002, c. 30, Sched. A, s. 13 (5).

Demand

(6) If a supplier has received a payment in respect of unsolicited goods or services, the consumer who made the payment may demand a refund of the payment in accordance with section 92 within one year after having made the payment.  2002, c. 30, Sched. A, s. 13 (6).

Refund

(7) A supplier who receives a demand for a refund under subsection (6) shall refund the payment within the prescribed period of time.  2002, c. 30, Sched. A, s. 13 (7).

Consumer may commence action

(8) The consumer who made the payment may commence an action to recover the payment in accordance with section 100.  2002, c. 30, Sched. A, s. 13 (8).

Definition

(9) In this section,

“unsolicited goods or services” means,

(a) goods that are supplied to a consumer who did not request them but does not include,

(i) goods that the recipient knows or ought to know are intended for another person,

(ii) a change to periodically supplied goods, if the change in goods is not a material change, or

(iii) goods supplied under a written future performance agreement that provides for the periodic supply of goods to the recipient without further solicitation, or

(b) services that are supplied to a consumer who did not request them but does not include,

(i) services that were intended for another person from the time the recipient knew or ought to have known that they were so intended,

(ii) a change to ongoing or periodic services that are being supplied, if the change in the services is not a material change,

(iii) services supplied under a written future performance agreement that provides for the ongoing or periodic supply of services to the recipient without further solicitation, or

(iv) any prescribed tow and storage services regulated under Part VI.1, Tow and Storage Services, including services provided under prescribed circumstances. 2002, c. 30, Sched. A, s. 13 (9); 2014, c. 9, Sched. 1, s. 1.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subclause (b) (iv) of the definition of “unsolicited goods or services” in subsection 13 (9) of the Act is amended by striking out “tow and storage services regulated under Part VI.1, Tow and Storage Services” and substituting “towing services or vehicle storage services regulated under the Towing and Storage Safety and Enforcement Act, 2021”. (See: 2021, c. 26, Sched. 3, s. 65 (1))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 1 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (1) - 01/01/2024

Advertising illegal site

13.1 (1) No person shall advertise an internet gaming site that is operated contrary to the Criminal Code (Canada).  2006, c. 34, s. 8 (2).

Facilitating

(2) No person, other than an internet service provider, shall arrange for or otherwise facilitate advertising prohibited under subsection (1) on behalf of another person.  2006, c. 34, s. 8 (2).

Meaning of “advertise”

(3) For the purpose of subsection (1), a person advertises an internet gaming site only if the advertising originates in Ontario or is primarily intended for Ontario residents.  2006, c. 34, s. 8 (2).

Same

(4) For the purpose of subsection (1), “advertise” includes,

(a) providing, by print, publication, broadcast, telecommunication or distribution by any means, information for the purpose of promoting the use of an internet gaming site;

(b) providing a link in a website for the purpose of promoting the use of an internet gaming site, but does not include a link generated as the result of a search carried out by means of an internet search engine; and

(c) entering into a sponsorship relationship for the purpose of promoting the use of an internet gaming site.  2006, c. 34, s. 8 (2).

Application

(5) This section applies despite subsection 2 (1).  2006, c. 34, s. 8 (2).

Section Amendments with date in force (d/m/y)

2006, c. 34, s. 8 (2) - 01/01/2008

PART III
UNFAIR PRACTICES

False, misleading or deceptive representation

14 (1) It is an unfair practice for a person to make a false, misleading or deceptive representation.  2002, c. 30, Sched. A, s. 14 (1).

Examples of false, misleading or deceptive representations

(2) Without limiting the generality of what constitutes a false, misleading or deceptive representation, the following are included as false, misleading or deceptive representations:

1. A representation that the goods or services have sponsorship, approval, performance characteristics, accessories, uses, ingredients, benefits or qualities they do not have.

2. A representation that the person who is to supply the goods or services has sponsorship, approval, status, affiliation or connection the person does not have.

3. A representation that the goods or services are of a particular standard, quality, grade, style or model, if they are not.

4. A representation that the goods are new, or unused, if they are not or are reconditioned or reclaimed, but the reasonable use of goods to enable the person to service, prepare, test and deliver the goods does not result in the goods being deemed to be used for the purposes of this paragraph.

5. A representation that the goods have been used to an extent that is materially different from the fact.

6. A representation that the goods or services are available for a reason that does not exist.

7. A representation that the goods or services have been supplied in accordance with a previous representation, if they have not.

8. A representation that the goods or services or any part of them are available or can be delivered or performed when the person making the representation knows or ought to know they are not available or cannot be delivered or performed.

9. A representation that the goods or services or any part of them will be available or can be delivered or performed by a specified time when the person making the representation knows or ought to know they will not be available or cannot be delivered or performed by the specified time.

10. A representation that a service, part, replacement or repair is needed or advisable, if it is not.

11. A representation that a specific price advantage exists, if it does not.

12. A representation that misrepresents the authority of a salesperson, representative, employee or agent to negotiate the final terms of the agreement.

13. A representation that the transaction involves or does not involve rights, remedies or obligations if the representation is false, misleading or deceptive.

14. A representation using exaggeration, innuendo or ambiguity as to a material fact or failing to state a material fact if such use or failure deceives or tends to deceive.

15. A representation that misrepresents the purpose or intent of any solicitation of or any communication with a consumer.

16. A representation that misrepresents the purpose of any charge or proposed charge.

17. A representation that misrepresents or exaggerates the benefits that are likely to flow to a consumer if the consumer helps a person obtain new or potential customers.  2002, c. 30, Sched. A, s. 14 (2).

Unconscionable representation

15 (1) It is an unfair practice to make an unconscionable representation.  2002, c. 30, Sched. A, s. 15 (1).

Same

(2) Without limiting the generality of what may be taken into account in determining whether a representation is unconscionable, there may be taken into account that the person making the representation or the person’s employer or principal knows or ought to know,

(a) that the consumer is not reasonably able to protect his or her interests because of disability, ignorance, illiteracy, inability to understand the language of an agreement or similar factors;

(b) that the price grossly exceeds the price at which similar goods or services are readily available to like consumers;

(c) that the consumer is unable to receive a substantial benefit from the subject-matter of the representation;

(d) that there is no reasonable probability of payment of the obligation in full by the consumer;

(e) that the consumer transaction is excessively one-sided in favour of someone other than the consumer;

(f) that the terms of the consumer transaction are so adverse to the consumer as to be inequitable;

(g) that a statement of opinion is misleading and the consumer is likely to rely on it to his or her detriment; or

(h) that the consumer is being subjected to undue pressure to enter into a consumer transaction.  2002, c. 30, Sched. A, s. 15 (2).

Renegotiation of price

16 It is an unfair practice for a person to use his, her or its custody or control of a consumer’s goods to pressure the consumer into renegotiating the terms of a consumer transaction.  2002, c. 30, Sched. A, s. 16.

Unfair practices prohibited

17 (1) No person shall engage in an unfair practice.  2002, c. 30, Sched. A, s. 17 (1).

One act deemed practice

(2) A person who performs one act referred to in section 14, 15 or 16 shall be deemed to be engaging in an unfair practice.  2002, c. 30, Sched. A, s. 17 (2).

Advertising excepted

(3) It is not an unfair practice for a person, on behalf of another person, to print, publish, distribute, broadcast or telecast a representation that the person accepted in good faith for printing, publishing, distributing, broadcasting or telecasting in the ordinary course of business.  2002, c. 30, Sched. A, s. 17 (3).

Rescinding agreement

18 (1) Any agreement, whether written, oral or implied, entered into by a consumer after or while a person has engaged in an unfair practice may be rescinded by the consumer and the consumer is entitled to any remedy that is available in law, including damages.  2002, c. 30, Sched. A, s. 18 (1).

Remedy if rescission not possible

(2) A consumer is entitled to recover the amount by which the consumer’s payment under the agreement exceeds the value that the goods or services have to the consumer or to recover damages, or both, if rescission of the agreement under subsection (1) is not possible,

(a) because the return or restitution of the goods or services is no longer possible; or

(b) because rescission would deprive a third party of a right in the subject-matter of the agreement that the third party has acquired in good faith and for value.  2002, c. 30, Sched. A, s. 18 (2); 2004, c. 19, s. 7 (6).

Notice

(3) A consumer must give notice within one year after entering into the agreement if,

(a) the consumer seeks to rescind an agreement under subsection (1); or

(b) the consumer seeks recovery under subsection (2), if rescission is not possible.  2002, c. 30, Sched. A, s. 18 (3).

Form of notice

(4) The consumer may express notice in any way as long as it indicates the intention of the consumer to rescind the agreement or to seek recovery where rescission is not possible and the reasons for so doing and the notice meets any requirements that may be prescribed.  2002, c. 30, Sched. A, s. 18 (4).

Delivery of notice

(5) Notice may be delivered by any means.  2002, c. 30, Sched. A, s. 18 (5).

When notice given

(6) If notice is delivered other than by personal service, the notice shall be deemed to have been given when sent.  2002, c. 30, Sched. A, s. 18 (6).

Address

(7) The consumer may send or deliver the notice to the person with whom the consumer contracted at the address set out in the agreement or, if the consumer did not receive a written copy of the agreement or the address of the person was not set out in the agreement, the consumer may send or deliver the notice,

(a) to any address of the person on record with the Government of Ontario or the Government of Canada; or

(b) to an address of the person known by the consumer.  2002, c. 30, Sched. A, s. 18 (7).

Commencement of an action

(8) If a consumer has delivered notice and has not received a satisfactory response within the prescribed period, the consumer may commence an action.  2002, c. 30, Sched. A, s. 18 (8).

Same

(9) If a consumer has a right to commence an action under this section, the consumer may commence the action in the Superior Court of Justice.  2002, c. 30, Sched. A, s. 18 (9).

Evidence

(10) In the trial of an issue under this section, oral evidence respecting an unfair practice is admissible despite the existence of a written agreement and despite the fact that the evidence pertains to a representation in respect of a term, condition or undertaking that is or is not provided for in the agreement.  2002, c. 30, Sched. A, s. 18 (10).

Exemplary damages

(11) A court may award exemplary or punitive damages in addition to any other remedy in an action commenced under this section.  2002, c. 30, Sched. A, s. 18 (11).

Liability

(12) Each person who engaged in an unfair practice is liable jointly and severally with the person who entered into the agreement with the consumer for any amount to which the consumer is entitled under this section.  2002, c. 30, Sched. A, s. 18 (12).

Limited liability of assignee

(13) If an agreement to which subsection (1) or (2) applies has been assigned or if any right to payment under such an agreement has been assigned, the liability of the person to whom it has been assigned is limited to the amount paid to that person by the consumer.  2002, c. 30, Sched. A, s. 18 (13).

Effect of rescission

(14) When a consumer rescinds an agreement under subsection (1), such rescission operates to cancel, as if they never existed,

(a) the agreement;

(b) all related agreements;

(c) all guarantees given in respect of money payable under the agreement;

(d) all security given by the consumer or a guarantor in respect of money payable under the agreement; and

(e) all credit agreements, as defined in Part VII, and other payment instruments, including promissory notes,

(i) extended, arranged or facilitated by the person with whom the consumer reached the agreement, or

(ii) otherwise related to the agreement.  2002, c. 30, Sched. A, s. 18 (14).

Waiver of notice

(15) If a consumer is required to give notice under this Part in order to obtain a remedy, a court may disregard the requirement to give the notice or any requirement relating to the notice if it is in the interest of justice to do so.  2002, c. 30, Sched. A, s. 18 (15); 2008, c. 9, s. 79 (5).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (6) - 30/07/2005

2008, c. 9, s. 79 (5) - 01/07/2009

Transition

19 (1) This Part applies to consumer transactions that occur on or after the day this section is proclaimed in force.  2002, c. 30, Sched. A, s. 19 (1).

Same

(2) The Business Practices Act, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to consumer transactions that occurred before its repeal.  2002, c. 30, Sched. A, s. 19 (2).

PART IV
Rights and Obligations Respecting Specific Consumer Agreements

Definitions and Application

Interpretation

20 (1) In this Part,

“direct agreement” means a consumer agreement that is negotiated or concluded in person at a place other than,

(a) at the supplier’s place of business, or

(b) at a market place, an auction, trade fair, agricultural fair or exhibition; (“convention directe”)

“internet agreement” means a consumer agreement formed by text-based internet communications; (“convention électronique”)

“membership fee” means the amount payable by a consumer for personal development services; (“droit d’adhésion”)

“personal development services” means,

(a) services provided for,

(i) health, fitness, diet or matters of a similar nature,

(ii) modelling and talent, including photo shoots relating to modelling and talent, or matters of a similar nature,

(iii) martial arts, sports, dance or similar activities, and

(iv) other matters as may be prescribed, and

(b) facilities provided for or instruction on the services referred to in clause (a) and any goods that are incidentally provided in addition to the provision of the services; (“services de perfectionnement personnel”)

“remote agreement” means a consumer agreement entered into when the consumer and supplier are not present together; (“convention à distance”)

“time share agreement” means a consumer agreement by which a consumer,

(a) acquires the right to use property as part of a plan that provides for the use of the property to circulate periodically among persons participating in the plan, whether or not the property is located in Ontario, or

(b) is provided with access to discounts or benefits for the future provision of transportation, accommodation or other goods or services related to travel. (“convention de multipropriété”)  2002, c. 30, Sched. A, s. 20 (1); 2006, c. 34, s. 8 (3).

Limitations on cancellation

(2) Despite sections 95 and 96, in the prescribed circumstances, the effect of cancellation of a consumer agreement to which this Part applies by a consumer and the obligations arising as a result of the cancellation of the agreement may be subject to such limitations as may be prescribed.  2002, c. 30, Sched. A, s. 20 (2).

Section Amendments with date in force (d/m/y)

2006, c. 34, s. 8 (3) - 01/01/2008

Future Performance Agreements

Application of sections

21 (1) Sections 22 to 26 apply to future performance agreements if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount.  2002, c. 30, Sched. A, s. 21 (1).

Exception

(2) Sections 22 to 26 do not apply to agreements that are future performance agreements solely because of an open credit arrangement.  2002, c. 30, Sched. A, s. 21 (2).

Transition

(3) Sections 22 to 26 apply to future performance agreements entered into on or after the day this section is proclaimed in force.  2002, c. 30, Sched. A, s. 21 (3).

Same

(4) The Consumer Protection Act, as it existed immediately before its repeal under the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to executory contracts entered into before its repeal.  2002, c. 30, Sched. A, s. 21 (4).

Requirements for future performance agreements

22 Every future performance agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 22.

Cancelling future performance agreements

23 A consumer may cancel a future performance agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements required by section 22.  2002, c. 30, Sched. A, s. 23.

Rights in other goods not enforceable

24 Any provision in any future performance agreement or in any security agreement incidental to such an agreement under which the supplier may acquire title to, possession of or any rights in any goods of the consumer, other than the goods passing to the consumer under the agreement, is not enforceable.  2002, c. 30, Sched. A, s. 24.

No repossession after two-thirds paid except by leave of court

25 (1) Where a consumer under a future performance agreement has paid two-thirds or more of his or her payment obligation as fixed by the agreement, any provision in the agreement, or in any security agreement incidental to the agreement, under which the supplier may retake possession of or resell the goods or services upon default in payment by the consumer is not enforceable except by leave obtained from the Superior Court of Justice.  2002, c. 30, Sched. A, s. 25 (1).

Powers of court

(2) Upon an application for leave under subsection (1), the court may, in its discretion, grant leave to the supplier or refuse leave or grant leave upon such terms and conditions as the court considers advisable.  2002, c. 30, Sched. A, s. 25 (2).

Late delivery

26 (1) A consumer may cancel a future performance agreement at any time before delivery under the agreement or the commencement of performance under the agreement if the supplier,

(a) does not make delivery within 30 days after the delivery date specified in the agreement or an amended delivery date agreed to by the consumer in writing; or

(b) does not begin performance of his, her or its obligations within 30 days after the commencement date specified in the agreement or an amended commencement date agreed to by the consumer in writing.  2002, c. 30, Sched. A, s. 26 (1).

Delivery or commencement date not specified

(2) If the delivery date or commencement date is not specified in the future performance agreement, a consumer may cancel the agreement at any time before delivery or commencement if the supplier does not deliver or commence performance within 30 days after the date the agreement is entered into.  2002, c. 30, Sched. A, s. 26 (2).

Forgiveness of failure

(3) If, after the period in subsection (1) or (2) has expired, the consumer agrees to accept delivery or authorize commencement, the consumer may not cancel the agreement under this section.  2002, c. 30, Sched. A, s. 26 (3).

Deemed delivery or performance

(4) For the purposes of subsections (1) and (2), a supplier is considered to have delivered or commenced performance under a future performance agreement if,

(a) delivery was attempted but was refused by the consumer at the time that delivery was attempted or delivery was attempted but not made because no person was available to accept delivery for the consumer on the day for which reasonable notice was given to the consumer that there was to be delivery; or

(b) commencement was attempted but was refused by the consumer at the time that commencement was attempted or commencement was attempted but did not occur because no person was available to enable commencement on the day for which reasonable notice was given to the consumer that commencement was to occur.  2002, c. 30, Sched. A, s. 26 (4).

Time Share Agreements

Requirements for time share agreements

27 Every time share agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 27.

Cancellation: cooling-off period

28 (1) A consumer may, without any reason, cancel a time share agreement at any time from the date of entering into the agreement until 10 days after receiving the written copy of the agreement.  2002, c. 30, Sched. A, s. 28 (1); 2013, c. 13, Sched. 2, s. 2.

Cancellation: failure to meet requirements

(2) In addition to the right under subsection (1), a consumer may cancel a time share agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements under section 27.  2002, c. 30, Sched. A, s. 28 (2).

Section Amendments with date in force (d/m/y)

2013, c. 13, Sched. 2, s. 2 - 12/12/2013

Personal Development Services

Application

29 (1) Sections 30 to 36 apply in respect of personal development services or proposed personal development services for which,

(a) payment in advance is required; and

(b) the consumer’s total potential payment obligation, excluding cost of borrowing, exceeds a prescribed amount.  2002, c. 30, Sched. A, s. 29 (1).

Exceptions

(2) Sections 30 to 36 do not apply to personal development services that are provided,

(a) on a non-profit or co-operative basis;

(b) by a private club primarily owned by its members;

(c) as an incidental part of the goods or services that are being supplied to the consumer;

(d) by a supplier funded or run by a charitable or municipal organization or by the Province of Ontario or any of its agencies; or

(e) by a golf club.  2002, c. 30, Sched. A, s. 29 (2).

Transition

(3) Sections 30 to 36 do not apply to a personal development services agreement in existence before this section is proclaimed in force but do apply if a pre-existing agreement is extended or renewed after this section is proclaimed in force.  2002, c. 30, Sched. A, s. 29 (3).

Same

(4) Agreements that are in existence before sections 30 to 36 are proclaimed in force are governed by the Prepaid Services Act as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002.  2002, c. 30, Sched. A, s. 29 (4).

Requirements for personal development services agreements

30 (1) Every personal development services agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 30 (1).

Payments not required or accepted

(2) No supplier shall require or accept payment for personal development services from a consumer with whom the supplier does not have an agreement that meets the requirements established under subsection (1).  2002, c. 30, Sched. A, s. 30 (2).

Agreements for one year only

31 (1) No personal development services agreement may be made for a term longer than one year after the day that all the services are made available to the consumer.  2002, c. 30, Sched. A, s. 31 (1).

Deemed separate agreement

(2) Any personal development services agreement that provides for a renewal or an extension of the agreement beyond one year shall be deemed to create a separate agreement for each renewal or extension of one year or less.  2002, c. 30, Sched. A, s. 31 (2).

Renewal provision

(3) A personal development services agreement that provides for the renewal or extension of the agreement is not valid unless the supplier complies with the prescribed requirements.  2002, c. 30, Sched. A, s. 31 (3).

Deemed non-renewal of agreement

(4) A personal development services agreement that provides for a renewal or extension of the agreement shall be deemed not to be renewed or extended if the consumer notifies the supplier, before the time for renewal or extension, that the consumer does not want to renew or extend.  2002, c. 30, Sched. A, s. 31 (4).

Monthly renewals

(5) Subsections (2) and (3) do not apply to an agreement providing for successive monthly renewals if the consumer has the option of terminating on one month’s notice or less.  2002, c. 30, Sched. A, s. 31 (5).

Only one agreement

32 (1) No supplier shall enter into a new agreement for personal development services with a consumer with whom the supplier has an existing agreement for personal development services unless the new agreement is for personal development services that are distinctly different from the services provided under the existing agreement.  2002, c. 30, Sched. A, s. 32 (1).

New agreement void

(2) Any new agreement entered into in contravention of subsection (1) is void.  2002, c. 30, Sched. A, s. 32 (2).

Same

(3) For the purposes of subsection (1), a different term or a different commencement date does not constitute a distinct difference in the personal development services to be provided.  2002, c. 30, Sched. A, s. 32 (3).

Renewals exempted

(4) Nothing in this section prevents a personal development services agreement from being renewed during the term of the agreement provided that the renewal meets the requirements under section 31.  2002, c. 30, Sched. A, s. 32 (4).

Initiation fee

33 No supplier of personal development services shall,

(a) charge a consumer more than one initiation fee; or

(b) charge an initiation fee that is greater than twice the annual membership fee.  2002, c. 30, Sched. A, s. 33.

Instalment plans

34 (1) Every supplier of personal development services shall make available to consumers at least one plan for instalment payments of membership fees and initiation fees, if applicable, that allow consumers to make equal monthly payments over the term of the personal development services agreement.  2002, c. 30, Sched. A, s. 34 (1).

Same

(2) No supplier shall provide an instalment payment plan through which the total amount paid by instalments exceeds the membership or initiation fee, if applicable, by more than 25 per cent.  2002, c. 30, Sched. A, s. 34 (2).

Cancellation: cooling-off period

35 (1) A consumer may, without any reason, cancel a personal development services agreement at any time within 10 days after the later of receiving the written copy of the agreement and the day all the services are available.  2002, c. 30, Sched. A, s. 35 (1); 2013, c. 13, Sched. 2, s. 2.

Cancellation: failure to meet requirements

(2) In addition to the right under subsection (1), a consumer may cancel a personal development services agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements under section 30.  2002, c. 30, Sched. A, s. 35 (2).

Section Amendments with date in force (d/m/y)

2013, c. 13, Sched. 2, s. 2 - 12/12/2013

Trustee for payment for unavailable services

36 (1) No supplier shall receive payment from a consumer for personal development services that are not available at the time the payment is made except if the payment is made through a trust corporation registered under the Loan and Trust Corporations Act that has agreed to act as a trustee for the payment.  2002, c. 30, Sched. A, s. 36 (1).

Exception

(2) Subsection (1) does not apply when one of the services that is not available is the use of a facility and the consumer has agreed in writing to use another facility provided by the supplier until the facility contracted for is available.  2002, c. 30, Sched. A, s. 36 (2).

Facility not available

(3) If a facility is not available for use on the day specified in the agreement, the trustee shall refund all payment received from the consumer unless the consumer agrees in writing to permit the trustee to retain the payment.  2002, c. 30, Sched. A, s. 36 (3).

Extension

(4) No permission given under subsection (3) applies for longer than 90 days but a subsequent permission may be given on the expiration of a permission.  2002, c. 30, Sched. A, s. 36 (4).

Duties of trustee

(5) Where a supplier has a trustee under subsection (1),

(a) any notice to the trustee shall be deemed to be notice to the supplier; and

(b) any money payable by the supplier is payable by the trustee to the extent that the trustee holds sufficient trust funds for that purpose.  2002, c. 30, Sched. A, s. 36 (5).

Same

(6) Every trustee under subsection (1) shall, upon receiving any payment from a consumer, provide the consumer with written confirmation of receipt of the payment and of the fact that the payment will be dealt with in accordance with sections 30 to 35 and with this section.  2002, c. 30, Sched. A, s. 36 (6).

Same

(7) No trustee shall release to a supplier funds received from a consumer until the personal development services are available.  2002, c. 30, Sched. A, s. 36 (7).

Same

(8) The trustee shall release the funds held under this section to the consumer if the consumer cancels the personal development services agreement in accordance with this Act.  2002, c. 30, Sched. A, s. 36 (8).

Internet Agreements

Application

37 Sections 38 to 40 apply to an internet agreement if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount.  2002, c. 30, Sched. A, s. 37.

Disclosure of information

38 (1) Before a consumer enters into an internet agreement, the supplier shall disclose the prescribed information to the consumer.  2002, c. 30, Sched. A, s. 38 (1).

Express opportunity to accept or decline agreement

(2) The supplier shall provide the consumer with an express opportunity to accept or decline the agreement and to correct errors immediately before entering into it.  2002, c. 30, Sched. A, s. 38 (2).

Manner of disclosure

(3) In addition to the requirements set out in section 5, disclosure under this section shall be accessible and shall be available in a manner that ensures that,

(a) the consumer has accessed the information; and

(b) the consumer is able to retain and print the information.  2002, c. 30, Sched. A, s. 38 (3).

Copy of internet agreement

39 (1) A supplier shall deliver to a consumer who enters into an internet agreement a copy of the agreement in writing within the prescribed period after the consumer enters into the agreement.  2002, c. 30, Sched. A, s. 39 (1).

Content of internet agreement

(2) The copy of the internet agreement shall include such information as may be prescribed.  2002, c. 30, Sched. A, s. 39 (2).

Deemed supply of internet agreement

(3) For the purposes of subsection (1), a supplier is considered to have delivered a copy of the internet agreement to the consumer if the copy is delivered in the prescribed manner.  2002, c. 30, Sched. A, s. 39 (3).

Cancellation of internet agreement

40 (1) A consumer may cancel an internet agreement at any time from the date the agreement is entered into until seven days after the consumer receives a copy of the agreement if,

(a) the supplier did not disclose to the consumer the information required under subsection 38 (1); or

(b) the supplier did not provide to the consumer an express opportunity to accept or decline the agreement or to correct errors immediately before entering into it.  2002, c. 30, Sched. A, s. 40 (1).

Same

(2) A consumer may cancel an internet agreement within 30 days after the date the agreement is entered into, if the supplier does not comply with a requirement under section 39.  2004, c. 19, s. 7 (7).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (7) - 30/07/2005

Direct Agreements

Application

41 (1) Sections 42 and 43 apply to direct agreements if the consumer’s total potential payment obligations under the agreement, excluding the cost of borrowing, exceeds a prescribed amount.  2002, c. 30, Sched. A, s. 41 (1).

Transition

(2) Sections 42 and 43 apply to direct agreements entered into on or after the day this section is proclaimed in force.  2002, c. 30, Sched. A, s. 41 (2).

Same

(3) The Consumer Protection Act, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to direct sales contracts entered into before its repeal.  2002, c. 30, Sched. A, s. 41 (3).

Requirements for direct agreements

42 (1) Every direct agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 42.

Minister’s regulations

(2) In addition to the power of the Lieutenant Governor in Council to make regulations under section 123, the Minister may make regulations,

(a) governing contents of direct agreements and requirements for making, renewing, amending or extending direct agreements;

(b) requiring a supplier under a direct agreement to disclose to the consumer the information specified in the regulation, governing the content of the disclosure and requiring the supplier to take the other measures specified in the regulation to ensure that the consumer has received the disclosure. 2013, c. 13, Sched. 2, s. 3.

Section Amendments with date in force (d/m/y)

2013, c. 13, Sched. 2, s. 3 - 01/04/2015

Cancellation: cooling-off period

43 (1) A consumer may, without any reason, cancel a direct agreement at any time from the date of entering into the agreement until 10 days after the consumer has received the written copy of the agreement. 2017, c. 5, Sched. 2, s. 15.

Transition

(1.1) Despite subsection (1), that subsection, as it read immediately before the day section 15 of Schedule 2 to the Putting Consumers First Act (Consumer Protection Statute Law Amendment), 2017 comes into force, continues to apply to a direct agreement that requires the supplier to supply to the consumer a water heater or other goods or services that are prescribed if the parties entered into the agreement before that day. 2017, c. 5, Sched. 2, s. 15.

Cancellation: failure to meet requirements

(2) In addition to the right under subsection (1), a consumer may cancel a direct agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements under section 42.  2002, c. 30, Sched. A, s. 43 (2).

Section Amendments with date in force (d/m/y)

2013, c. 13, Sched. 2, s. 4 (1) - 12/12/2013; 2013, c. 13, Sched. 2, s. 4 (2) - 01/04/2015

2017, c. 5, Sched. 2, s. 15 - 01/03/2018

Restriction on entering into certain direct agreements

43.1 (1) No supplier shall, while at a consumer’s dwelling or at any other prescribed place, solicit the consumer to enter into a direct agreement for the supply of prescribed goods or services or enter into such an agreement unless the consumer has initiated contact with the supplier and has specifically requested that the supplier attend at the consumer’s dwelling or the other prescribed place for the purpose of entering into such an agreement. 2017, c. 5, Sched. 2, s. 16.

Same

(2) The following activities do not constitute solicitation for the purpose of subsection (1):

1. Leaving marketing materials at a consumer’s dwelling or any other place prescribed for the purpose of that subsection without attempting to contact the consumer with respect to any prescribed direct agreement.

2. Such other activities that are prescribed. 2017, c. 5, Sched. 2, s. 16.

Agreement void

(3) A direct agreement that the parties enter into in contravention of subsection (1) is void. 2017, c. 5, Sched. 2, s. 16.

Related agreements void

(4) Any agreement, including the following, that is related to the consumer’s obligations under the direct agreement is void:

1. A guarantee or security given by a guarantor for the purpose of securing the performance of those obligations.

2. An agreement under which the consumer gives security for the purpose of securing the performance of those obligations.

3. A credit agreement within the meaning of Part VII that the consumer enters into as a borrower in respect of money that the consumer is required to pay under the direct agreement and any other payment instrument that the consumer enters into in that respect. 2017, c. 5, Sched. 2, s. 16.

Unsolicited goods or services

(5) If a supplier supplies goods or services to a consumer under a direct agreement that is void, the goods or services are deemed to be unsolicited and subsections 13 (1), (2), (3), (6), (7) and (8) apply to them. 2017, c. 5, Sched. 2, s. 16.

Third party charges

(6) If a supplier supplies goods or services to a consumer under a direct agreement that is void and the consumer incurs charges from a third party that are related to the agreement, including, but not limited to, charges in respect of the removal or return of any goods that the consumer is liable to return to the third party, the supplier is liable to reimburse the consumer for the amount of all those charges. 2017, c. 5, Sched. 2, s. 16.

Recovery of amount

(7) The consumer may commence an action, in accordance with section 100, to recover the amount described in subsection (6) and may set off the amount against any amount owing to the supplier under any consumer agreement between the consumer and the supplier, other than the direct agreement described in subsection (1). 2017, c. 5, Sched. 2, s. 16.

Section Amendments with date in force (d/m/y)

2013, c. 13, Sched. 2, s. 5 - 01/04/2015

2017, c. 5, Sched. 2, s. 16 - 01/03/2018

Remote Agreements

Application

44 Sections 45 to 47 apply to remote agreements if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount.  2002, c. 30, Sched. A, s. 44.

Disclosure of information

45 Before a consumer enters into a remote agreement, the supplier shall disclose the prescribed information to the consumer and shall satisfy the prescribed requirements.  2002, c. 30, Sched. A, s. 45.

Copy of remote agreement

46 (1) A supplier shall deliver to a consumer who enters into a remote agreement a copy of the agreement in writing within the prescribed period after the consumer enters into the agreement.  2002, c. 30, Sched. A, s. 46 (1).

Content of remote agreement

(2) The copy of the remote agreement shall include such information as may be prescribed.  2002, c. 30, Sched. A, s. 46 (2).

Deemed supply of remote agreement

(3) For the purposes of subsection (1), a supplier is considered to have delivered a copy of the remote agreement to the consumer if the copy is delivered in the prescribed manner.  2002, c. 30, Sched. A, s. 46 (3).

Cancellation of remote agreement

47 (1) A consumer may cancel a remote agreement at any time from the date the agreement is entered into until seven days after the consumer receives a copy of the agreement if the supplier fails to comply with section 45.  2002, c. 30, Sched. A, s. 47 (1).

Same

(2) A consumer may cancel a remote agreement within one year after the date the agreement is entered into, if the supplier does not comply with a requirement under section 46.  2004, c. 19, s. 7 (8).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (8) - 30/07/2005

Rewards Points

No expiry of rewards points

47.1 (1) Subject to the other provisions of this section, no supplier shall enter into or amend a consumer agreement under which rewards points are provided to provide for the expiry of rewards points due to the passage of time alone. 2016, c. 34, s. 2 (1).

Application and transition

(2) This section applies to all consumer agreements under which rewards points are provided,

(a) that existed on October 1, 2016;

(b) that were entered into after October 1, 2016, but before the day this section came into force; or

(c) that are entered into on or after the date this section comes into force. 2016, c. 34, s. 2 (1).

Effect of termination

(3) Subject to any prescribed exceptions, on and after the day this section comes into force, and upon providing notice to the other party, the supplier or the consumer may terminate the consumer agreement under which rewards points are provided, and if the consumer agreement so provided, the consumer’s accumulated rewards points may expire. 2016, c. 34, s. 2 (1).

Term of consumer agreement not enforceable

(4) Any provision or part of a provision of a consumer agreement that contravenes this section or that fails to comply with the regulations with respect to rewards points is not enforceable, but such unenforceability shall not invalidate the remaining provisions in the consumer agreement. 2016, c. 34, s. 2 (1).

Retroactive effect on expiry of rewards points

(5) Subject to any prescribed exceptions, within 15 days of this section coming into force, a supplier shall credit back to a consumer any rewards points that expired on or after October 1, 2016 and before the day this section comes into force. 2016, c. 34, s. 2 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 47.1 (5) of the Act is repealed. (See: 2016, c. 34, s. 2 (2))

Transition: crediting back, supplier termination of consumer agreement

(6) If a supplier terminated a consumer agreement under which rewards points were provided on or after October 1, 2016 and before the date this section came into force, the previously terminated agreement shall be deemed to not have been terminated and the supplier shall, within 15 days of this section coming into force, credit back to the consumer all rewards points that expired upon that termination. 2016, c. 34, s. 2 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 47.1 (6) of the Act is repealed. (See: 2016, c. 34, s. 2 (2))

No cause of action for retroactivity

(7) No cause of action arises against the Crown as a direct or indirect result of the retroactive application of this section or any regulations respecting rewards points, and no costs, compensation or damages are owing or payable by the Crown to any supplier, consumer or person as a result of such retroactive application. 2016, c. 34, s. 2 (1).

Evidence

(8) In any proceeding under this Act about the crediting back of rewards points mentioned in subsection (5) or (6), despite any contractual provision to the contrary, a court or tribunal may consider records presented by the consumer, determine those records’ admissibility and may give those records whatever weight it sees fit. 2016, c. 34, s. 2 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 47.1 (8) of the Act is repealed. (See: 2016, c. 34, s. 2 (2))

Other expiry allowed

(9) Consumer agreements under which rewards points are provided may provide for expiry due to reasons other than the passage of time alone, subject to any limits that may be prescribed. 2016, c. 34, s. 2 (1).

No retroactive offences

(10) Nothing in this section creates a retroactive offence. 2016, c. 34, s. 2 (1).

Section Amendments with date in force (d/m/y)

2016, c. 34, s. 2 (1) - 01/01/2018; 2016, c. 34, s. 2 (2) - not in force

PART V
SECTORS WHERE aDVANCE FEE PROHIBITED

Definitions

48 In this Part,

“consumer report”, “credit information”, “file” and “personal information” each have the same meaning as in section 1 of the Consumer Reporting Act; (“rapport sur le consommateur”, “renseignements sur la solvabilité”, “dossier”, “renseignements personnels”)

“credit repair” means services or goods that are intended to improve a consumer report, credit information, file or personal information, including a credit record, credit history or credit rating; (“redressement de crédit”)

“credit repairer” means,

(a) a supplier of credit repair, or

(b) a person who holds themself out as a person described in clause (a); (“redresseur de crédit”)

“operator” means,

(a) a person who is a credit repairer or a loan broker, or

(b) a supplier who supplies such goods or services as may be prescribed or a person who holds themself out as a supplier of such goods or services. (“exploitant”)  2002, c. 30, Sched. A, s. 48; 2004, c. 19, s. 7 (9).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (9) - 30/07/2005

Requirements for consumer agreements

49 Every consumer agreement for loan brokering, credit repair or for the supply of such other goods or services as may be prescribed shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 49.

Advance payments prohibited

50 (1) No operator shall require or accept any payment or any security for a payment, directly or indirectly, from or on behalf of a consumer unless and until,

(a) in respect of loan brokering, the consumer receives the credit or loan of money that the loan broker has assisted the consumer to obtain;

(b) in respect of credit repair, the credit repairer causes a material improvement to the consumer report, credit information, file, personal information, credit record, credit history or credit rating of the consumer; or

(c) in respect of the supply of such other goods or services as may be prescribed, the prescribed requirements are met.  2002, c. 30, Sched. A, s. 50 (1); 2004, c. 19, s. 7 (10, 11).

Security arrangement void

(2) Every arrangement by which an operator takes security in contravention of subsection (1) is void.  2002, c. 30, Sched. A, s. 50 (2); 2004, c. 19, s. 7 (12).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (10-12) - 30/07/2005

Cancellation: cooling-off period

51 (1) A consumer who is a party to an agreement for loan brokering, credit repair or the supply of such goods and services as may be prescribed may, without any reason, cancel the agreement at any time from the date of entering into the agreement until 10 days after receiving the written copy of the agreement.  2002, c. 30, Sched. A, s. 51 (1); 2013, c. 13, Sched. 2, s. 6.

Cancellation: failure to meet requirements

(2) In addition to the right under subsection (1), a consumer who is a party to an agreement for loan brokering, credit repair or the supply of such goods and services as may be prescribed may cancel the agreement within one year after the date of entering into it if the consumer does not receive a copy of the agreement that  meets the requirements under section 49.  2002, c. 30, Sched. A, s. 51 (2).

Section Amendments with date in force (d/m/y)

2013, c. 13, Sched. 2, s. 6 - 12/12/2013

Officers, directors

52 The officers and directors of an operator are jointly and severally liable for any remedy in respect of which a person is entitled to commence a proceeding against the operator.  2002, c. 30, Sched. A, s. 52; 2004, c. 19, s. 7 (13).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (13) - 30/07/2005

Prohibited representations

53 An operator shall not communicate or cause to be communicated any representation that is prescribed as a prohibited representation.  2002, c. 30, Sched. A, s. 53; 2004, c. 19, s. 7 (14).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (14) - 30/07/2005

Transition

54 (1) Sections 48 to 53 apply to consumer transactions that occur on or after the day this section is proclaimed in force.  2002, c. 30, Sched. A, s. 54 (1).

Same

(2) The Loan Brokers Act, 1994, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to all agreements to assist a consumer in obtaining a loan of money entered into before its repeal.  2002, c. 30, Sched. A, s. 54 (2).

Same

(3) Sections 13.1 to 13.8 of the Consumer Reporting Act, as they existed immediately before their repeal by the Consumer Protection Statute Law Amendment Act, 2002, continue to apply to all consumer transactions that occurred before their repeal.  2002, c. 30, Sched. A, s. 54 (3).

PART vi
REPAIRS TO MOTOR VEHICLES AND OTHER GOODS

Definitions

55 In this Part,

“estimate” means an estimate of the total cost of work on and repairs to the goods being repaired; (“devis”)

“repairer” means a supplier who works on or repairs vehicles or other prescribed goods; (“réparateur”)

“vehicle” means a motor vehicle as defined in the Highway Traffic Act. (“véhicule”)  2002, c. 30, Sched. A, s. 55.

Estimates

56 (1) No repairer shall charge a consumer for any work or repairs unless the repairer first gives the consumer an estimate that meets the prescribed requirements.  2002, c. 30, Sched. A, s. 56 (1).

Same

(2) Despite subsection (1), a repairer may charge for work or repairs without giving an estimate if,

(a) the repairer offers to give the consumer an estimate and the consumer declines the offer of an estimate;

(b) the consumer specifically authorizes the maximum amount that he or she will pay the repairer to make the repairs or do the work; and

(c) the cost charged for the work or repairs does not exceed the maximum amount authorized by the consumer.  2002, c. 30, Sched. A, s. 56 (2).

Estimate fee

57 (1) Subject to subsection (3), no repairer shall charge a fee for an estimate unless the consumer is told in advance that a fee will be charged and the amount of the fee.  2002, c. 30, Sched. A, s. 57 (1).

Same

(2) A fee for an estimate shall be deemed to include the cost of diagnostic time, the cost of reassembling the goods and the cost of parts that will be damaged and must be replaced when reassembling if the work or repairs are not authorized by the consumer.  2002, c. 30, Sched. A, s. 57 (2).

Same

(3) A repairer shall not charge a fee for an estimate if the work or repairs in question are authorized and carried out.  2002, c. 30, Sched. A, s. 57 (3).

Same

(4) Despite subsection (3), a repairer may charge a fee for an estimate if the repairer is unable to obtain, without unreasonable delay, authorization to proceed with the work or repairs and the goods are reassembled before being worked on or repaired so that the goods can be moved in order to free repair space.  2002, c. 30, Sched. A, s. 57 (4).

Authorization required

58 (1) No repairer shall charge for any work or repairs unless the consumer authorizes the work or repairs.  2002, c. 30, Sched. A, s. 58 (1).

Exceeding estimate prohibited

(2) No repairer shall charge, for work or repairs for which an estimate was given, an amount that exceeds the estimate by more than 10 per cent.  2002, c. 30, Sched. A, s. 58 (2).

Authorization not in writing

59 If an authorization required by section 56, 57 or 58 is not given in writing, the authorization is not effective unless it is recorded in a manner that meets the prescribed requirements.  2002, c. 30, Sched. A, s. 59.

Posting signs

60 A repairer shall post the prescribed signs in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 60.

Return of parts

61 (1) Every repairer shall offer to return to the consumer all parts removed in the course of work or repairs and shall return all such parts unless advised when the work or repairs are authorized that the consumer does not require their return.  2002, c. 30, Sched. A, s. 61 (1).

Parts kept separate

(2) Every repairer shall keep parts removed from goods being repaired separate from the parts removed from any other goods and, if their return is requested by the consumer, shall return the parts in a clean container.  2002, c. 30, Sched. A, s. 61 (2).

Exception

(3) Subsections (1) and (2) do not apply to,

(a) parts for which there has been no charge for the part or for work on or repair to the part; or

(b) parts replaced under warranty whose return to the manufacturer or distributor is required.  2002, c. 30, Sched. A, s. 61 (3).

Invoice

62 The repairer shall, on completion of work or repairs, deliver to the consumer an invoice containing the prescribed information in the prescribed manner.  2002, c. 30, Sched. A, s. 62.

Warranty for vehicles

63 (1) On the repair of a vehicle, every repairer shall be deemed to warrant all new or reconditioned parts installed and the labour required to install them for a minimum of 90 days or 5,000 kilometres, whichever comes first, or for such greater minimum as may be prescribed.  2002, c. 30, Sched. A, s. 63 (1).

Same

(2) The warranty in subsection (1) is in addition to the deemed and implied conditions and warranties set out in section 9.  2002, c. 30, Sched. A, s. 63 (2).

Failure of work or repairs under warranty

(3) The person having charge of a vehicle that becomes inoperable or unsafe to drive because of the failure or inadequacy of work or repairs to which a warranty under this section applies may, when it is not reasonable to return the vehicle to the original repairer, have the failure or inadequacy repaired at the closest facility available for the work or repairs.  2002, c. 30, Sched. A, s. 63 (3).

Recovery of cost of failed work or repairs

(4) When work or repairs are made under subsection (3), the person entitled to a warranty under this section is entitled to recover from the original repairer the original cost of the work or repairs and reasonable towing charges.  2002, c. 30, Sched. A, s. 63 (4).

Loss of warranty

(5) A consumer who subjects any vehicle part to misuse or abuse is not entitled to the benefit of the warranty on that part.  2002, c. 30, Sched. A, s. 63 (5).

Same

(6) No repairer shall refuse to reimburse a consumer because of the operation of subsection (5) unless the repairer has reasonable grounds to believe that the part under warranty was subjected to misuse or abuse.  2002, c. 30, Sched. A, s. 63 (6).

Return of parts

(7) A consumer who is seeking reimbursement under this section shall return, upon the request and at the expense of the original repairer, the defective parts to the original repairer unless, in the circumstances, it is not reasonably possible for the consumer to do so.  2002, c. 30, Sched. A, s. 63 (7).

Reimbursement

(8) An original repairer who is required to make a payment under this section is entitled to recover from the supplier of a defective part any amount paid to the consumer under subsection (4).  2002, c. 30, Sched. A, s. 63 (8).

Consistent cost

64 No repairer shall give an estimate or charge an amount for work or repairs that is greater than that usually given or charged by that repairer for the same work or repairs merely because the cost is to be paid, directly or indirectly, by an insurance company licensed under the Insurance Act.  2002, c. 30, Sched. A, s. 64.

Transition

65 (1) Sections 55 to 64 apply to all consumer agreements for work or repair that are entered into on or after the day this section is proclaimed in force.  2002, c. 30, Sched. A, s. 65 (1).

Same

(2) The Motor Vehicle Repair Act, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, applies to agreements for work or repair to a vehicle entered into before its repeal.  2002, c. 30, Sched. A, s. 65 (2).

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, Part VI.1 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

PART VI.1
TOW AND STORAGE SERVICES

Definitions

65.1 In this Part,

“tow and storage provider” means any of the following:

1. A tow and storage services operator.

2. A tow truck broker.

3. A tow truck driver; (“fournisseur de services de remorquage et d’entreposage”)

“tow and storage services operator” has the meaning provided for in the regulations; (“exploitant de services de remorquage et d’entreposage”)

“tow truck” has the meaning provided for in the regulations; (“dépanneuse”)

“tow truck broker” has the meaning provided for in the regulations; (“courtier en dépanneuses”)

“tow truck driver” means, subject to the regulations,

(a) an individual who drives or has the care and control of a tow truck for the purpose of providing tow services to a consumer, and

(b) any other prescribed person; (“conducteur de dépanneuse”)

“vehicle” means a motor vehicle as defined in the Highway Traffic Act. (“véhicule”) 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.1 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Application

65.2 (1) This Part applies to consumer transactions involving tow and storage services regardless of,

(a) whether the authorization for tow and storage services is made by the owner or driver of a vehicle, a person acting on behalf of the owner or driver or a prescribed person; and

(b) whether payment for the transaction is made or reimbursed by a third party, including a commercial or governmental entity. 2014, c. 9, Sched. 1, s. 2.

Non-application

(2) This Part or any provision of this Part does not apply in respect of prescribed persons or with respect to prescribed circumstances. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.2 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Disclosure

65.3 No tow and storage provider shall charge a consumer or a prescribed person acting on behalf of a consumer for any tow and storage services unless the consumer or prescribed person has first been given the prescribed information in the prescribed manner and within the prescribed time. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.3 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Authorization required

65.4 (1) Subject to the regulations, no tow and storage provider shall charge a consumer for any tow and storage services unless the consumer or a prescribed person acting on behalf of the consumer, if the consumer is unable to give authorization in circumstances provided for in the regulations, authorizes the services. 2014, c. 9, Sched. 1, s. 2.

Exceeding estimated amount

(2) Subject to the regulations, where an authorization under subsection (1) includes an authorization in respect of an estimated amount that may be paid for the services or an estimate based on a method of computing an amount that may be paid for the services, no tow and storage provider shall charge for services an amount that exceeds by more than 10 per cent the authorized estimated amount or the amount computed in the authorized manner. 2014, c. 9, Sched. 1, s. 2.

Authorization to be recorded

(3) If an authorization required by this section is not given in writing, the authorization is not effective unless it is recorded in a manner that meets the prescribed requirements. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.4 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Posting identifiers and other information

65.5 A tow and storage provider shall post the prescribed price information and other prescribed information, which may include stickers, labels and other visual identifiers, in accordance with the prescribed requirements. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.5 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Invoice

65.6 Unless the regulations provide otherwise, before demanding or receiving payment from a consumer or a prescribed person acting on behalf of the consumer, a tow and storage provider shall deliver to the consumer or the prescribed person an invoice detailing the tow and storage services provided, including an itemized list of the services and the cost for each as well as the total cost and such additional information as may be prescribed, in the prescribed manner. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.6 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Insurance

65.7 (1) A tow and storage provider shall maintain insurance coverage for prescribed kinds of liability in the prescribed amounts. 2014, c. 9, Sched. 1, s. 2.

Failure to maintain required insurance

(2) If a tow and storage provider fails to maintain the prescribed insurance coverage, the provider shall not demand or receive payment from a consumer or a person acting on behalf of the consumer in respect of tow and storage services provided while failing to maintain the prescribed insurance coverage. 2014, c. 9, Sched. 1, s. 2.

Evidence of coverage

(3) A tow and storage provider shall produce evidence of insurance coverage in the prescribed circumstances and in the prescribed manner. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.7 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Publication of rates

65.8 A tow and storage provider shall maintain a current statement of rates charged and shall make the statement available publicly and, where the regulations prescribe the form and manner of the statement and its publication, shall do so in the prescribed manner. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.8 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Consistent cost

65.9 A tow and storage provider shall not charge an amount for tow and storage services that is greater than the amount usually charged by that provider for the same services merely because the cost is to be paid, directly or indirectly, by an insurer licensed under the Insurance Act or another third party. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.9 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Disclosure of interest

65.10 (1) A tow and storage provider who, directly or indirectly, has an interest in a location or facility to which a vehicle may be towed for repair, storage, appraisal or similar purposes shall disclose, to the consumer whose vehicle is being towed and to any other persons that may be prescribed, the nature and extent of the interest, in accordance with the prescribed requirements and in the prescribed form and manner. 2014, c. 9, Sched. 1, s. 2.

Failure to make required disclosure

(2) If a tow and storage provider fails to make the disclosure required under subsection (1), the provider shall not demand or receive payment from a consumer or a person acting on behalf of the consumer in respect of tow and storage services provided before disclosure is made. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.10 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Consumers Bill of Rights

65.11 (1) A tow and storage provider shall provide a consumer with a copy of the Tow and Storage Consumers Bill of Rights in the manner required by the regulations made under subsection (2). 2014, c. 9, Sched. 1, s. 2.

Regulations

(2) The Minister may make regulations establishing a Tow and Storage Consumers Bill of Rights for the purposes of subsection (1) and governing how and when it is to be provided. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.11 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Duty re contents of vehicle

65.12 (1) Unless the regulations provide otherwise or unless otherwise directed by a member of a police force, every tow and storage provider that provides tow and storage services to a consumer shall provide the consumer or a person acting on behalf of the consumer access to the vehicle that is the subject of the tow and storage services, in order to permit removal of all property contained in the vehicle, including money, valuables, documents and records in the vehicle belonging to or in the care of the consumer, upon request of the consumer or a person acting on behalf of the consumer. 2014, c. 9, Sched. 1, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 65.12 (1) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 12)

Same

(2) Access under subsection (1) shall be made in the prescribed manner and within the prescribed time. 2014, c. 9, Sched. 1, s. 2.

No charge to consumer

(3) A tow and storage provider shall not charge a fee for permitting access in accordance with subsection (1) unless the regulations provide otherwise. 2014, c. 9, Sched. 1, s. 2.

No pressuring

(4) No tow and storage provider shall retain anything that a consumer is entitled to remove under subsection (1) as a means of pressuring the consumer to make a payment under an agreement for tow and storage services. 2014, c. 9, Sched. 1, s. 2.

Failure to comply with section

(5) For greater certainty, and without limiting the application of Part III, failure to comply with this section is an unfair practice for purposes of section 18 and the rights and remedies of section 18 apply. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.12 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2018, c. 3, Sched. 5, s. 14 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 12 - not in force

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

False information

65.13 (1) No tow and storage provider shall falsify, assist in falsifying or induce or counsel a consumer to falsify or assist in falsifying any information or document that the consumer is required to provide under this Act, the Compulsory Automobile Insurance Act, the Highway Traffic Act, the Insurance Act or any other prescribed Act. 2014, c. 9, Sched. 1, s. 2.

Furnishing false information and documents

(2) No tow and storage provider shall furnish, assist in furnishing or induce or counsel a consumer to furnish or assist in furnishing any information or documents that the consumer is required to provide under this Act, the Compulsory Automobile Insurance Act, the Highway Traffic Act, the Insurance Act or any other prescribed Act if the information or documents are false or deceptive. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.13 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

No counselling contraventions

65.14 No tow and storage provider shall counsel, advise or knowingly assist a consumer to contravene this Act, the Compulsory Automobile Insurance Act, the Highway Traffic Act, the Insurance Act or any other prescribed Act. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.14 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Payment options

65.15 A tow and storage provider shall accept payment for tow and storage services by credit card, cash or any other prescribed payment method at the consumer’s choice. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.15 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Prohibitions

65.16 A tow and storage provider shall not engage in practices that are prescribed as prohibited practices. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.16 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Additional duties and obligations

65.17 A tow and storage provider shall comply with all other prescribed duties and obligations. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.17 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Tow and storage rates

65.18 If the regulations provide for the manner in which charges are to be calculated or the maximum amount of charges that will apply with respect to one or more tow or storage services, a tow and storage provider shall not charge for the tow and storage services except as provided for in the regulations. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.18 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Record keeping and reporting

65.19 A tow and storage provider shall maintain such records as are prescribed and shall submit such reports as are prescribed to the prescribed persons and in the prescribed manner. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.19 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Qualifications

65.20 (1) Where the regulations provide for qualifications that must be met by a tow truck driver, a tow truck broker or a tow and storage services operator, no person who does not meet the relevant qualifications shall engage with a consumer or a prescribed person acting on behalf of a consumer as a tow truck driver, a tow truck broker or a tow and storage services operator. 2014, c. 9, Sched. 1, s. 2.

Failure to meet qualifications

(2) A tow truck driver, tow truck broker or tow and storage services operator who does not meet the relevant qualifications under subsection (1) shall not demand or receive payment from a consumer or a person acting on behalf of the consumer for tow and storage services provided while not meeting the qualifications. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.20 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

Transition

65.21 (1) Sections 65.1 to 65.20 apply to consumer transactions for tow and storage services that are entered into on or after the day this section is proclaimed in force. 2014, c. 9, Sched. 1, s. 2.

Same

(2) Other than any provisions that may be prescribed, the provisions of this Part apply to consumer agreements for tow and storage services if the agreement was entered into before the day this section is proclaimed in force and the vehicle in respect of which tow and storage services have been provided is still in the possession or under the control of the tow and storage provider. 2014, c. 9, Sched. 1, s. 2.

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.21 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2))

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 2 - 01/01/2017

2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

PART VII
CREDIT AGREEMENTS

General

Definitions

66 In this Part,

“advance” means value, as prescribed, received by the borrower under a credit agreement; (“avance”)

“annual percentage rate” means the annual percentage rate in respect of a credit agreement that is determined in the prescribed manner; (“taux de crédit”)

“borrower” means a consumer who, as a party to a credit agreement, receives or may receive credit or a loan of money from the other party or who indicates an interest in becoming such a party, but does not include a guarantor; (“emprunteur”)

“brokerage fee” means the payment that a borrower makes or agrees to make to a loan broker who assists the borrower in arranging a credit agreement, and includes an amount deducted from an advance made to the borrower that is paid to the broker; (“frais de courtage”)

“cost of borrowing” means all amounts that a borrower is required to pay under or as a condition of entering into a credit agreement and all prescribed amounts other than,

(a) a payment or repayment of a portion of the principal under the agreement as prescribed, and

(b) prescribed charges; (“coût d’emprunt”)

“credit agreement” means a consumer agreement under which a lender extends credit or lends money to a borrower and includes a supplier credit agreement and a prospective consumer agreement under which an extension of credit, loan of money or supplier credit agreement may occur in the future, but does not include an agreement under which a lender extends credit or lends money on the security of a mortgage of real property or consumer agreements of a prescribed type; (“convention de crédit”)

“default charge” means a charge imposed on a borrower who does not make a payment as it comes due under a credit agreement or who does not comply with any other obligation under a credit agreement, but does not include interest on an overdue payment; (“frais de défaut”)

“fixed credit” means credit or a loan of money under a credit agreement that is not for open credit; (“crédit fixe”)

“floating rate” means a rate that bears a specified mathematical relationship to a public index that meets the prescribed requirements; (“taux variable”)

“lender” means a supplier who is or may become a party to a credit agreement and who extends or may extend credit or lends or may lend money to the borrower and includes a credit card issuer; (“prêteur”)

“optional service” means a service that is offered to a borrower in connection with a credit agreement and that the borrower does not have to accept in order to enter into the agreement; (“service facultatif”)

“supplier credit agreement” means a consumer agreement, other than a consumer agreement involving leases to which Part VIII applies, under which a supplier or an associate of the supplier, extends fixed credit to a consumer to assist the consumer in obtaining goods or services, other than credit or a loan of money, from the supplier; (“convention de crédit fournisseur”)

“supplier creditor” means the supplier or an associate of a supplier in a supplier credit agreement. (“créancier fournisseur”)  2002, c. 30, Sched. A, s. 66; 2004, c. 19, s. 7 (15); 2008, c. 9, s. 79 (6, 7).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (15) - 30/07/2005

2008, c. 9, s. 79 (6, 7) - 01/07/2009

Non-application of Part

67 (1) This Part and the regulations made under it do not apply to a payday loan agreement as defined in subsection 1 (1) of the Payday Loans Act, 2008 and do not apply to a supplier credit agreement that,

(a) requires the borrower to make payment in full in a single payment within a certain period after the supplier delivers a written invoice or statement of account to the borrower;

(b) is unconditionally interest-free during the period for payment described in clause (a);

(c) does not provide for any non-interest charges;

(d) is unsecured apart from liens on the goods or services supplied through the agreement that may arise by operation of law; and

(e) the supplier cannot assign in the ordinary course of business other than as security.  2002, c. 30, Sched. A, s. 67 (1); 2008, c. 9, s. 79 (8).

Obligations of loan brokers

(2) If a loan broker assists a consumer to obtain credit or a loan of money and the creditor is not in the business of extending credit or lending money, the obligations that this Part would impose on a lender shall be deemed to be obligations of the loan broker and not the creditor, except as prescribed.  2004, c. 19, s. 7 (16).

(3) Repealed:  2004, c. 19, s. 7 (17).

(4) Repealed:  2004, c. 19, s. 7 (17).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (16, 17) - 30/07/2005

2008, c. 9, s. 79 (8) - 01/07/2009

Agreement for credit card

68 (1) Despite section 13, a consumer who applies for a credit card without signing an application form or who receives a credit card from a credit card issuer without applying for it shall be deemed to have entered into a credit agreement with the issuer with respect to the card on first using the card.  2002, c. 30, Sched. A, s. 68 (1).

Liability

(2) A consumer described in subsection (1) is not liable to pay the lender any amount in respect of the credit card received in the circumstances described in that subsection until the consumer uses the card.  2002, c. 30, Sched. A, s. 68 (2).

Limiting liability for unauthorized charges

69 A borrower is not liable for any amount that is greater than the prescribed maximum for unauthorized charges under a credit agreement for open credit.  2004, c. 19, s. 7 (18).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (18) - 30/07/2005

Consequence of non-disclosure

70 A borrower under a credit agreement is not liable to pay the lender,

(a) the cost of borrowing under a credit agreement if the borrower receives no statements required by this Part; or

(b) as part of the cost of borrowing, any amount in excess of the amounts specified in the statements that this Part requires to be delivered to the borrower in respect of the agreement.  2002, c. 30, Sched. A, s. 70.

Correcting errors

71 If there is an error in a statement of account issued under a credit agreement for open credit, the lender shall correct the error in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 71.

Required insurance

72 (1) A borrower who is required under a credit agreement to purchase insurance may purchase it from any insurer who may lawfully provide that type of insurance, except that the lender may reserve the right to disapprove, on reasonable grounds, an insurer selected by the borrower.  2002, c. 30, Sched. A, s. 72 (1).

Disclosure by lender

(2) A lender who offers to provide or to arrange insurance required under a credit agreement shall at the same time disclose to the borrower in writing that the borrower may purchase the insurance through an agent or an insurer of the borrower’s choice.  2002, c. 30, Sched. A, s. 72 (2).

Termination of optional services

73 (1) A borrower may terminate an optional service of a continuing nature provided by the lender or an associate of the lender on giving 30 days notice or such shorter period of notice as is specified in the agreement under which the service is provided.  2002, c. 30, Sched. A, s. 73 (1).

Liability of borrower

(2) A borrower who terminates an optional service in accordance with subsection (1) is not liable for charges relating to any portion of the service that has not been provided at the time of termination and is entitled to a refund of amounts already paid for those charges.  2002, c. 30, Sched. A, s. 73 (2).

Notice

(3) Notice under subsection (1) may be given in any way as long as it indicates the intention of the borrower to terminate the optional service and section 92 applies, with necessary modification, to such notice.  2002, c. 30, Sched. A, s. 73 (3).

Deferral of payments

74 (1) If the lender under a credit agreement invites the borrower to defer making a payment that would otherwise be due under the agreement, the invitation must disclose whether or not interest will accrue on the unpaid amount during the period of the deferral and, if interest will accrue, the invitation must also disclose the interest rate.  2002, c. 30, Sched. A, s. 74 (1).

Waiver of interest

(2) If the lender does not comply with subsection (1), the lender shall be deemed to have waived the interest that would otherwise accrue during the period.  2002, c. 30, Sched. A, s. 74 (2).

Default charges

75 A lender is not entitled to impose on a borrower under a credit agreement default charges other than,

(a) reasonable charges in respect of legal costs that the lender incurs in collecting or attempting to collect a required payment by the borrower under the agreement;

(b) reasonable charges in respect of costs, including legal costs, that the lender incurs in realizing a security interest or protecting the subject-matter of a security interest after default under the agreement; or

(c) reasonable charges reflecting the costs that the lender incurs because a cheque or other instrument of payment given by the borrower under the agreement has been dishonoured.  2002, c. 30, Sched. A, s. 75.

Prepayment

76 (1) A borrower is entitled to pay the full outstanding balance under a credit agreement at any time without any prepayment charge or penalty.  2002, c. 30, Sched. A, s. 76 (1); 2008, c. 9, s. 79 (9).

Refund or credit to borrower

(2) If a borrower prepays the full outstanding balance under a credit agreement for fixed credit, the lender shall refund to the borrower or credit the borrower with the portion, determined in the prescribed manner, of the amounts that were paid by the borrower under the agreement or added to the balance under the agreement and that form part of the cost of borrowing, other than amounts paid on account of interest.  2004, c. 19, s. 7 (19); 2008, c. 9, s. 79 (9).

(3) Repealed:  2004, c. 19, s. 7 (19).

Partial prepayment

(4) A borrower is entitled to prepay a portion of the outstanding balance under a credit agreement for fixed credit on any scheduled date of the borrower’s required payments under the agreement or once in any month without any prepayment charge or penalty.  2002, c. 30, Sched. A, s. 76 (4); 2008, c. 9, s. 79 (10).

No credit to borrower

(5) A borrower who makes a payment under subsection (4) is not entitled to the refund or credit described in subsection (2).  2004, c. 19, s. 7 (20).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (19, 20) - 30/07/2005

2008, c. 9, s. 79 (9, 10) - 01/07/2009

Disclosure

Representations

77 No lender shall make representations or cause representations to be made with respect to a credit agreement, whether orally, in writing or in any other form, unless the representations comply with the prescribed requirements.  2002, c. 30, Sched. A, s. 77.

Disclosure of brokerage fee

78 (1) If the borrower pays or is liable to pay a brokerage fee to a loan broker, either directly or through a deduction from an advance, the initial disclosure statement for the credit agreement must,

(a) disclose the amount of the brokerage fee; and

(b) account for the brokerage fee in the annual percentage rate and in the cost of borrowing.  2004, c. 19, s. 7 (21).

Loan broker’s statement

(2) If a loan broker takes an application from a borrower for a credit agreement and sends it to a lender, the loan broker shall deliver to the borrower an initial disclosure statement that includes the information required in the initial disclosure statement referred to in subsections (1) and 79 (1).  2004, c. 19, s. 7 (21).

Lender adopting loan broker’s statement

(3) If a loan broker has delivered an initial disclosure statement to the borrower, the lender may adopt it as his, her or its own initial disclosure statement or may elect to deliver a separate initial disclosure statement to the borrower.  2002, c. 30, Sched. A, s. 78 (3); 2004, c. 19, s. 7 (22).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (21, 22) - 30/07/2005

Initial disclosure statement

79 (1) Every lender shall deliver an initial disclosure statement for a credit agreement to the borrower at or before the time that the borrower enters into the agreement, unless the lender has adopted the loan broker’s initial disclosure statement as his, her or its own.  2004, c. 19, s. 7 (23).

Contents of statement, fixed credit

(2) The initial disclosure statement for a credit agreement for fixed credit shall disclose the prescribed information.  2002, c. 30, Sched. A, s. 79 (2).

Contents of statement, open credit

(3) The initial disclosure statement for a credit agreement for open credit shall disclose the prescribed information.  2002, c. 30, Sched. A, s. 79 (3).

Brokerage fee

(4) If a loan broker assists in arranging a credit agreement, the initial disclosure statement shall disclose the prescribed information.  2002, c. 30, Sched. A, s. 79 (4).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (23) - 30/07/2005

Subsequent disclosure: fixed credit

80 (1) If the interest rate in a credit agreement for fixed credit is a floating rate, the lender shall, at least once every 12 months after entering into the agreement, deliver to the borrower a disclosure statement for the period covered by the statement disclosing the prescribed information.  2002, c. 30, Sched. A, s. 80 (1).

Increase in interest rate

(2) If the interest rate in a credit agreement for fixed credit is not a floating rate and the agreement allows the lender to change the interest rate, the lender shall, within 30 days after increasing the annual interest rate to a rate that is at least 1 per cent higher than the rate most recently disclosed to the borrower, deliver to the borrower a disclosure statement disclosing the prescribed information.  2002, c. 30, Sched. A, s. 80 (2).

Insufficient scheduled payments

(3) The lender shall deliver to the borrower notice if the amount of the borrower’s scheduled payments required by a credit agreement for fixed credit is no longer sufficient to cover the interest accrued under the agreement because the principal set out in the agreement has increased as a result of default charges or the failure of the borrower to make payments under the agreement.  2002, c. 30, Sched. A, s. 80 (3).

Notice

(4) The notice under subsection (3) shall be in writing, shall disclose the situation and shall be delivered within 30 days after the point when the amount of the scheduled payments is no longer sufficient to cover the accrued interest.  2002, c. 30, Sched. A, s. 80 (4).

Amendments

(5) Subject to subsection (6), if the parties have agreed to amend a credit agreement for fixed credit and the amendment changes any of the information prescribed under subsection 79 (2), the lender shall, within 30 days after the amendment is made, deliver to the borrower a supplementary disclosure statement setting out the changed information.  2004, c. 19, s. 7 (24).

Exception

(6) If an amendment to a credit agreement consists only of a change in the schedule of required payments by the borrower, it is not necessary for the supplementary disclosure statement to disclose any change to the annual percentage rate or any decrease in the total required payments by the borrower or the total cost of borrowing under the agreement.  2002, c. 30, Sched. A, s. 80 (6).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (24) - 30/07/2005

Subsequent disclosure: open credit

81 (1) Subject to subsection (2), the lender under a credit agreement for open credit shall deliver a statement of account to the borrower at least once monthly after entering into the agreement.  2002, c. 30, Sched. A, s. 81 (1).

Exception

(2) The lender is not required to deliver a statement of account to the borrower at the end of any period when, since the most recent statement of account, the borrower has received no advances and made no payments under the agreement and,

(a) at the end of the period the outstanding balance payable by the borrower under the agreement is zero; or

(b) the borrower is in default and has been notified that the lender has cancelled or suspended his or her right to obtain advances under the agreement and has demanded payment of the outstanding balance.  2002, c. 30, Sched. A, s. 81 (2).

Information about account

(3) The lender shall provide to the borrower a telephone number at which the borrower can make inquiries about the borrower’s account during the lender’s ordinary business hours without incurring any charges for the telephone call.  2002, c. 30, Sched. A, s. 81 (3).

Contents of statement of account

(4) A statement of account for a credit agreement for open credit shall disclose the prescribed information.  2002, c. 30, Sched. A, s. 81 (4).

Change in interest rate

(5) A lender under a credit agreement for open credit who, pursuant to the agreement, changes the interest rate under the agreement shall deliver a disclosure statement to the borrower disclosing the change,

(a) in the next statement of account after the change, in the case of a credit agreement that is not for a credit card; and

(b) at least 30 days before the change, in the case of a credit agreement that is for a credit card where the interest rate is not a floating rate.  2002, c. 30, Sched. A, s. 81 (5).

Other changes

(6) Subject to subsection (7), if the parties have agreed to amend a credit agreement for open credit and the amendment changes any of the information prescribed under subsection 79 (3), the lender shall, within 30 days after the amendment is made, deliver to the borrower a supplementary disclosure statement setting out the changed information.  2004, c. 19, s. 7 (25).

Same

(7) If the parties have agreed to amend a credit agreement for open credit in respect of a credit card and the amendment changes any of the information prescribed under subsection 79 (3), the lender shall deliver to the borrower a supplementary disclosure statement setting out the changed information,

(a) within 30 days after the amendment is made, if the change is not a material change, as prescribed; and

(b) at least 30 days before the amendment is made, if the change is a material change, as prescribed.  2004, c. 19, s. 7 (25).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (25) - 30/07/2005

Assignment of Security for Credit

Assignment of negotiable instrument

82 (1) If a person assigns a negotiable instrument given to secure credit or a loan of money, the person shall deliver to the assignee with the negotiable instrument a copy of the statement required by section 79 and, if the person is a supplier creditor, a copy of the consumer agreement for the goods or services that were obtained with the fixed credit.  2004, c. 19, s. 7 (26).

Reassignment of negotiable instrument

(2) Every assignee of a negotiable instrument who reassigns the instrument shall deliver to the person to whom the instrument is being reassigned the statement and the consumer agreement, if any, received by the assignee in respect of the instrument.  2002, c. 30, Sched. A, s. 82 (2).

Indemnity

(3) If an assignee of a negotiable instrument to which subsection (2) applies is entitled to recover on the instrument from the maker, the maker is entitled to be indemnified by any assignor of the instrument who has not complied with subsection (1) or (2), as the case may be.  2002, c. 30, Sched. A, s. 82 (3).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (26) - 30/07/2005

Obligations of assignee of lender

83 (1) If a lender assigns to a person the lender’s rights in connection with the extension of credit or the lending of money to a borrower, the assignee has no greater rights than, and is subject to the same obligations, liabilities and duties as, the assignor in connection with the extension of the credit or the lending of the money, and the provisions of this Act apply equally to such assignee.  2004, c. 19, s. 7 (27).

Same

(2) Despite subsection (1), a borrower shall not recover from, or be entitled to set off against, an assignee of the lender an amount greater than the balance owing under the consumer agreement at the time of the assignment, and, if there have been two or more assignments, the borrower shall not recover from an assignee who no longer holds the benefit of the consumer agreement an amount that exceeds the payments made by the borrower to that assignee.  2004, c. 19, s. 7 (27).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (27) - 30/07/2005

Order to pay indemnity

84 (1) If an assignor of a negotiable instrument is convicted of a contravention of section 82, the Ontario Court of Justice making the conviction may order that the person convicted is liable to indemnify the maker under subsection 82 (3).  2002, c. 30, Sched. A, s. 84 (1).

Filing indemnity order in court

(2) If an indemnity order is made under subsection (1) in favour of a person who is or becomes liable under a judgment of a court to an assignee of the negotiable instrument in respect of which the indemnity order was made, the person entitled to the indemnity may file the indemnity order in the court office of the court in which the judgment was issued.  2002, c. 30, Sched. A, s. 84 (2).

Default judgment

(3) Upon the filing of the indemnity order, the local registrar or clerk of the court shall issue a default judgment in favour of the person entitled to the indemnity and against the person required by the indemnity order to give the indemnity, and the amount of the default judgment shall be the amount of the judgment referred to in subsection (1) and costs together with the costs of issuing the default judgment, or such lesser amount as the person entitled to the indemnity by requisition requests.  2002, c. 30, Sched. A, s. 84 (3).

Setting aside or variation of default judgment

(4) Upon application, the court in which the default judgment is issued may set aside the default judgment or may determine the amount of the indemnity or make an order of reference for the purpose and may vary the amount of the default judgment.  2002, c. 30, Sched. A, s. 84 (4).

Allowance for trade-in subject to adjustment

85 (1) If the amount to be paid by a consumer under a consumer agreement is determined after an allowance for a trade-in and is stated in the consumer agreement to be subject to adjustment after the existence or amount of liens against the trade-in is ascertained or confirmed, any statements of the terms of payment and the cost of borrowing, as required under this Act, shall be based upon the amount as determined upon the information provided by the consumer.  2002, c. 30, Sched. A, s. 85 (1).

Further adjustments

(2) If there is an additional adjustment to the amount to be paid by a consumer under a consumer agreement to which subsection (1) applies after the adjustment under subsection (1), the consumer agreement shall not be adjusted to change,

(a) the percentage rate by which the cost of borrowing is expressed;

(b) the total number of instalments required to pay the total indebtedness; or

(c) the price shown in the consumer agreement.  2002, c. 30, Sched. A, s. 85 (2).

Part VII.1
AGREEMENTS FOR CASHING Government Cheques

Definitions

85.1 In this Part,

“bank” means a bank, authorized foreign bank or federal credit union as defined in section 2 of the Bank Act (Canada); (“banque”)

“credit union” has the same meaning as in the Credit Unions and Caisses Populaires Act, 2020; (“caisse”, “caisse populaire”)

“federal government” means the Government of Canada and any department, agency, board, commission, official or other body of the Government of Canada; (“gouvernement fédéral”)

“government agency” means the Crown in right of Ontario, an agency of the Crown in right of Ontario, a municipal government, a prescribed municipal agency or any other prescribed entity; (“organisme gouvernemental”)

“government cheque” means a cheque issued to a consumer by the Government of Ontario, a government agency or the federal government. (“chèque du gouvernement”) 2017, c. 5, Sched. 2, s. 17; 2020, c. 36, Sched. 7, s. 303 (2).

Section Amendments with date in force (d/m/y)

2017, c. 5, Sched. 2, s. 17 - 01/07/2018

2020, c. 36, Sched. 7, s. 303 (2) - 01/03/2022

Application

85.2 (1) This Part applies to a consumer agreement under which a supplier, other than a credit union, cashes a government cheque for a consumer. 2017, c. 5, Sched. 2, s. 17.

Non-application to banks

(2) For greater certainty, this Part does not apply to a consumer agreement under which a bank cashes a government cheque for a consumer. 2017, c. 5, Sched. 2, s. 17.

Section Amendments with date in force (d/m/y)

2017, c. 5, Sched. 2, s. 17 - 01/07/2018

Disclosure of information

85.3 A supplier under a consumer agreement to which this Part applies shall display the prescribed information in the prescribed manner and in accordance with the prescribed requirements. 2017, c. 5, Sched. 2, s. 17.

Section Amendments with date in force (d/m/y)

2017, c. 5, Sched. 2, s. 17 - 01/07/2018

Limit on fee for cashing government cheques

85.4 (1) A supplier under a consumer agreement to which this Part applies shall not charge the consumer a fee for cashing a government cheque if the fee exceeds the prescribed amount. 2017, c. 5, Sched. 2, s. 17.

Amount of fee

(2) For the purposes of subsection (1), the prescribed amount of the fee for cashing a government cheque may be,

(a) a fixed amount;

(b) a percentage of the face value of the cheque or any other amount calculated on the basis of the face value of the cheque;

(c) an amount that results from the application of any combination of clauses (a) and (b); or

(d) any amount determined by any other prescribed means. 2017, c. 5, Sched. 2, s. 17.

Section Amendments with date in force (d/m/y)

2017, c. 5, Sched. 2, s. 17 - 01/07/2018

Statement when cashing cheques

85.5 A supplier under a consumer agreement to which this Part applies who cashes a government cheque for the consumer shall provide the consumer, in accordance with the prescribed requirements, with a statement setting out the prescribed information with respect to the cashing of the cheque. 2017, c. 5, Sched. 2, s. 17.

Section Amendments with date in force (d/m/y)

2017, c. 5, Sched. 2, s. 17 - 01/07/2018

PART VIII
LEASing

Definitions

86 In this Part,

“lease” means a consumer agreement for the lease of goods, other than a consumer agreement for the lease of goods in connection with a residential tenancy agreement, and “lessor” and “lessee” have a corresponding meaning; (“bail”, “bailleur”, “preneur”)

“lease term” means the period during which the lessee is entitled to retain possession of the leased goods; (“durée du bail”)

“residual obligation lease” means a lease under which the lessor may require the lessee at the end of the lease term to pay the lessor an amount based in whole or in part on the difference, if any, between,

(a) the estimated wholesale value of the leased goods at the end of the lease term, and

(b) the realizable value of the leased goods at the end of the lease term. (“bail à obligation résiduelle”)  2002, c. 30, Sched. A, s. 86; 2004, c. 19, s. 7 (28-30).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (28-30) - 30/07/2005

Application of Part

87 This Part applies to,

(a) leases for a fixed term of four months or more;

(b) leases for an indefinite term or that are renewed automatically until one of the parties takes positive steps to terminate them; and

(c) residual obligation leases.  2002, c. 30, Sched. A, s. 87; 2004, c. 19, s. 7 (31, 32).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 87 of the Act is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause: (See: 2017, c. 5, Sched. 2, s. 18)

(d) such other leases that are prescribed.

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (31, 32) - 30/07/2005

2017, c. 5, Sched. 2, s. 18 - not in force

Representations

88 Any person who makes representations or causes representations to be made about the cost of a lease, whether orally, in writing or in any other form, shall do so in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 88; 2004, c. 19, s. 7 (33).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (33) - 30/07/2005

Disclosure statement

89 (1) Every lessor shall deliver a disclosure statement for a lease to the lessee before the earlier of,

(a) the time that the lessee enters into the lease; and

(b) the time that the lessee makes any payment in connection with the lease.  2002, c. 30, Sched. A, s. 89 (1); 2004, c. 19, s. 7 (34).

Contents of statement

(2) The disclosure statement for a lease shall disclose the prescribed information.  2002, c. 30, Sched. A, s. 89 (2); 2004, c. 19, s. 7 (34).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (34) - 30/07/2005

Compensation re: termination of lease

90 (1) The maximum amount of compensation that may be charged to a lessee by a lessor for termination of a lease before the end of the lease term may be limited as prescribed.  2002, c. 30, Sched. A, s. 90 (1); 2004, c. 19, s. 7 (34).

Residual obligation lease

(2) The maximum liability of the lessee at the end of the term of a residual obligation lease after returning the leased goods to the lessor shall be the amount calculated in the prescribed manner.  2002, c. 30, Sched. A, s. 90 (2); 2004, c. 19, s. 7 (34).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (34) - 30/07/2005

part IX
procedures for consumer remedies

Application

91 This Part does not apply to remedies claimed in respect to unfair practices under Part III.  2002, c. 30, Sched. A, s. 91.

Form of consumer notice

92 (1) If this Act requires a consumer to give notice to a supplier to request a remedy, the consumer may do so by giving notice in accordance with this section.  2002, c. 30, Sched. A, s. 92 (1).

Same

(2) The notice may be expressed in any way, as long as it indicates the intention of the consumer to seek the remedy being requested and complies with any requirements that may be prescribed.  2002, c. 30, Sched. A, s. 92 (2).

Giving notice

(3) Unless the regulations require otherwise, the notice may be oral or in writing and may be given by any means.  2004, c. 19, s. 7 (35).

Notice given when sent

(4) If notice in writing is given other than by personal service, the notice shall be deemed to be given when sent.  2004, c. 19, s. 7 (35).

Address

(5) The consumer may send or deliver the notice to the address set out in a consumer agreement or, if the consumer did not receive a written copy of a consumer agreement or the address was not set out in the written agreement, the consumer may send or deliver the notice,

(a) to any address of the supplier on record with the Government of Ontario or the Government of Canada; or

(b) to an address of the supplier known by the consumer.  2002, c. 30, Sched. A, s. 92 (5); 2013, c. 13, Sched. 2, s. 6.

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (34, 35) - 30/07/2005

2013, c. 13, Sched. 2, s. 6 - 12/12/2013.

Consumer agreements not binding

93 (1) A consumer agreement is not binding on the consumer unless the agreement is made in accordance with this Act and the regulations.  2002, c. 30, Sched. A, s. 93.

Court may order consumer bound

(2) Despite subsection (1), a court may order that a consumer is bound by all or a portion or portions of a consumer agreement, even if the agreement has not been made in accordance with this Act or the regulations, if the court determines that it would be inequitable in the circumstances for the consumer not to be bound.  2004, c. 19, s. 7 (36).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (36) - 30/07/2005

Cancellation

94 (1) If a consumer has a right to cancel a consumer agreement under this Act, the consumer may cancel the agreement by giving notice in accordance with section 92.  2002, c. 30, Sched. A, s. 94 (1).

Effective time

(2) The cancellation takes effect when the consumer gives notice.  2002, c. 30, Sched. A, s. 94 (2).

Effect of cancellation

95 The cancellation of a consumer agreement in accordance with this Act operates to cancel, as if they never existed,

(a) the consumer agreement;

(b) all related agreements;

(c) all guarantees given in respect of money payable under the consumer agreement;

(d) all security given by the consumer or a guarantor in respect of money payable under the consumer agreement; and

(e) all credit agreements, as defined in Part VII, and other payment instruments, including promissory notes,

(i) extended, arranged or facilitated by the person with whom the consumer reached the consumer agreement, or

(ii) otherwise related to the consumer agreement.  2002, c. 30, Sched. A, s. 95.

Obligations on cancellation

96 (1) If a consumer cancels a consumer agreement, the supplier shall, in accordance with the prescribed requirements,

(a) refund to the consumer any payment made under the agreement or any related agreement; and

(b) return to the consumer in a condition substantially similar to when they were delivered all goods delivered under a trade-in arrangement or refund to the consumer an amount equal to the trade-in allowance.  2002, c. 30, Sched. A, s. 96 (1).

Repossession or return of goods

(2) Upon cancelling a consumer agreement, the consumer, in accordance with the prescribed requirements and in the prescribed manner, shall permit the goods that came into the consumer’s possession under the agreement or a related agreement to be repossessed, shall return the goods or shall deal with them in such manner as may be prescribed.  2002, c. 30, Sched. A, s. 96 (2).

Reasonable care

(3) If a consumer cancels a consumer agreement, the consumer shall take reasonable care of the goods that came into the possession of the consumer under the agreement or a related agreement for the prescribed period.  2004, c. 19, s. 7 (37).

To whom obligation owed

(4) The consumer owes the obligation described in subsection (3) to the person entitled to possession of the goods at the time in question.  2002, c. 30, Sched. A, s. 96 (4).

No further obligation

(5) Compliance with this section discharges the consumer from all obligations relating to the goods and the consumer is under no other obligation, whether arising by contract or otherwise, to take care of the goods.  2002, c. 30, Sched. A, s. 96 (5).

Right of action

(6) If a consumer has cancelled a consumer agreement and the supplier has not met the supplier’s obligations under subsection (1), the consumer may commence an action.  2002, c. 30, Sched. A, s. 96 (6).

Same

(7) If a consumer has cancelled a consumer agreement and has not met the consumer’s obligations under this section, the supplier or the person to whom the obligation is owed may commence an action.  2004, c. 19, s. 7 (38).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (37, 38) - 30/07/2005

Title to goods under trade-in arrangement

97 If the consumer recovers an amount equal to the trade-in allowance under subsection 96 (1) and the title of the consumer to the goods delivered under the trade-in arrangement has not passed from the consumer, the title to the goods vests in the person entitled to the goods under the trade-in arrangement.  2002, c. 30, Sched. A, s. 97.

Illegal charges and payments

98 (1) If a supplier has charged a fee or an amount in contravention of this Act or received a payment in contravention of this Act, the consumer who paid the charge or made the payment may demand a refund by giving notice in accordance with section 92 within one year after paying the charge or making the payment.  2004, c. 19, s. 7 (39).

Supplier to provide refund

(2) A supplier who receives a notice demanding a refund under subsection (1) shall provide the refund within the prescribed period of time.  2004, c. 19, s. 7 (39).

Right of action

(3) The consumer may commence an action in accordance with section 100 to recover,

(a) the payment of a fee or an amount that was charged by the supplier in contravention of this Act; or

(b) a payment that was received by the supplier in contravention of this Act.  2004, c. 19, s. 7 (39).

Non-supplier

(4) This section and section 92 apply, with the necessary modifications, to a person who is not a supplier, if the person has received a payment in contravention of section 12.  2004, c. 19, s. 7 (39).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (39) - 30/07/2005

Consumer’s recourse re: credit card charges

99 (1) A consumer who has charged to a credit card account all or any part of a payment described in subsection (2) may request the credit card issuer to cancel or reverse the credit card charge and any associated interest or other charges.  2002, c. 30, Sched. A, s. 99 (1).

Types of payment

(2) Subsection (1) applies to,

(a) a payment in respect of a consumer agreement that has been cancelled under this Act or in respect of any related agreement;

(b) a payment that was received in contravention of this Act;

(c) a payment in respect of a fee or an amount that was charged in contravention of this Act; and

(d) a payment that was collected in respect of unsolicited goods or services for which payment is not required under section 13.  2004, c. 19, s. 7 (40).

Timing of request

(3) A consumer may make a request under subsection (1) if the consumer has cancelled a consumer agreement or demanded a refund in accordance with this Act, and the supplier has not refunded all of the payment within the required period.  2002, c. 30, Sched. A, s. 99 (3).

Request

(4) A request under subsection (1) shall be in writing, shall comply with the requirements, if any, that are prescribed under subsection 92 (2), and shall be given to the credit card issuer, in the prescribed period, in accordance with section 92.  2004, c. 19, s. 7 (40).

Obligations of credit card issuer

(5) The credit card issuer,

(a) shall, within the prescribed period, acknowledge the consumer’s request; and

(b) if the request meets the requirements of subsection (4), shall, within the prescribed period,

(i) cancel or reverse the credit card charge and any associated interest or other charges, or

(ii) after having conducted an investigation, send a written notice to the consumer explaining the reasons why the credit card issuer is of the opinion that the consumer is not entitled to cancel the consumer agreement or to demand a refund under this Act.  2004, c. 19, s. 7 (40).

Right of action

(6) A consumer may commence an action against a credit card issuer to recover a payment and associated interest and other charges to which the consumer is entitled under this section.  2002, c. 30, Sched. A, s. 99 (6).

Other prescribed payment systems

(7) If a consumer charges all or part of a payment described in subsection (2) to a prescribed payment system, the consumer may request that the charge be cancelled or reversed and this section applies with necessary modifications to the cancellation or reversal of such a charge.  2002, c. 30, Sched. A, s. 99 (7).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (40) - 30/07/2005

Action in Superior Court of Justice

100 (1) If a consumer has a right to commence an action under this Act, the consumer may commence the action in the Superior Court of Justice.  2002, c. 30, Sched. A, s. 100 (1).

Judgment

(2) If a consumer is successful in an action, unless in the circumstances it would be inequitable to do so, the court shall order that the consumer recover,

(a) the full payment to which he or she is entitled under this Act; and

(b) all goods delivered under a trade-in arrangement or an amount equal to the trade-in allowance.  2002, c. 30, Sched. A, s. 100 (2).

Same

(3) In addition to an order under subsection (2), the court may order exemplary or punitive damages or such other relief as the court considers proper.  2002, c. 30, Sched. A, s. 100 (3).

Waiver of notice

101 If a consumer is required to give notice under this Act in order to obtain a remedy, a court may disregard the requirement to give the notice or any requirement relating to the notice if it is in the interest of justice to do so.  2002, c. 30, Sched. A, s. 101; 2008, c. 9, s. 79 (11).

Section Amendments with date in force (d/m/y)

2008, c. 9, s. 79 (11) - 01/07/2009

PART X
Powers and Duties of Minister and Director

Powers of Minister

102 (1) The Minister may,

(a) disseminate information for the purpose of educating and advising consumers;

(b) provide information to consumers about the use of alternate dispute resolution techniques as a means of resolving disputes arising out of consumer transactions; and

(c) enforce this Act and other legislation for the protection of consumers.  2002, c. 30, Sched. A, s. 102 (1).

Delegation of powers and duties

(2) The Minister may delegate in writing any of his or her powers or duties under subsection (1) to the Deputy Minister of Consumer and Business Services or to any persons employed in a specified capacity in the Ministry.  2002, c. 30, Sched. A, s. 102 (2).

Same

(3) The Deputy Minister of Consumer and Business Services may in writing delegate any of the powers or duties delegated to the Deputy Minister by the Minister under subsection (2) to any person employed in a specified capacity in the Ministry.  2002, c. 30, Sched. A, s. 102 (3).

Enforcement agreements

(4) For the purpose of enforcing this Act and other legislation for the protection of consumers, the Minister may,

(a) enter into agreements with law enforcement agencies in Canada and other jurisdictions; and

(b) for the purposes of clause (a), share and exchange information concerning breaches or possible breaches of this Act or other legislation for the protection of consumers.  2002, c. 30, Sched. A, s. 102 (4).

Duties of Director

103 (1) The Director shall perform such duties and exercise such powers as are given to or conferred upon the Director under this or any other Act.  2002, c. 30, Sched. A, s. 103 (1).

Same

(2) The Director shall maintain, in accordance with the prescribed requirements, a public record of the following:

1. Undertakings of voluntary compliance entered into under this Act.

1.1 Policies established under subsection (2.1).

2. A failure by a supplier to provide a document or other evidence as required by the Ministry under subsection 105 (4).

3. Orders made under section 109.

3.1 Compliance orders issued under this Act.

4. Any other prescribed document or information.  2002, c. 30, Sched. A, s. 103 (2); 2014, c. 9, Sched. 1, s. 3 (1); 2017, c. 2, Sched. 12, s. 3 (1, 2).

Policies

(2.1) The Director may establish policies regarding the interpretation, administration and enforcement of this Act. 2014, c. 9, Sched. 1, s. 3 (2).

Additional information

(2.2) If information is required to be made public with respect to a supplier under subsection (2) or the regulations, the Director shall include in the public record in respect of the supplier, all of the following information, if known to the Director:

1. All of the supplier’s business names and business locations.

2. Any other prescribed information about the supplier’s business. 2017, c. 2, Sched. 12, s. 3 (3).

Agreements for shared information

(2.3) The Director may enter into an agreement with any of the following entities for that entity to disclose information to the Ministry for the purpose of making the information publicly available for the purposes of this section:

1. Another ministry of the Government of Ontario, a corporation that administers legislation on behalf of that Government or an agency, board or commission established under an Act of Ontario.

2. A municipality in Ontario or one of its agencies, boards or commissions.

3. The Government of Canada or one of its ministries, departments, agencies, boards or commissions. 2017, c. 2, Sched. 12, s. 3 (3).

Public record

(2.4) If the Ministry receives information pursuant to an agreement described in subsection (2.3), the Director shall maintain a public record of the information in addition to the public record described in subsection (2). 2017, c. 2, Sched. 12, s. 3 (3).

Freedom of information legislation

(2.5) The disclosure of personal information in a public record under this section is deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act. 2017, c. 2, Sched. 12, s. 3 (3).

Same

(3) The Director shall publish such documents or information as are prescribed.  2002, c. 30, Sched. A, s. 103 (3).

Transition

(4) Records that the Director maintained available for public inspection as required by section 5 of the Business Practices Act before its repeal are deemed to be records that are to be maintained for purposes of subsection (2).  2002, c. 30, Sched. A, s. 103 (4).

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 3 (1, 2) - 01/04/2015

2017, c. 2, Sched. 12, s. 3 (1-3) - 22/03/2017

Fees

104 (1) The Minister may by order require the payment of fees for the inspection of public records maintained under section 103 and may approve the amount of those fees.  2002, c. 30, Sched. A, s. 104 (1).

Same

(2) Orders made under subsection (1) are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2002, c. 30, Sched. A, s. 104 (2); 2006, c. 21, Sched. F, s. 136 (1).

Section Amendments with date in force (d/m/y)

2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following Part: (See: 2020, c. 14, Sched. 3, s. 2)

Part X.1
Administrative Penalties

Order

104.0.1 (1) If the Director is satisfied that a person has contravened or is contravening a prescribed provision of this Act or the regulations, the Director may, by order, impose an administrative penalty against the person in accordance with this section and the regulations made by the Minister. 2020, c. 14, Sched. 3, s. 2.

Purpose

(2) An administrative penalty may be imposed under this section for one or more of the following purposes:

1. To ensure compliance with this Act and the regulations.

2. To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening a provision of this Act or the regulations. 2020, c. 14, Sched. 3, s. 2.

Amount

(3) The amount of an administrative penalty shall reflect the purposes of the penalty and shall be the amount prescribed by the Minister, which amount shall not exceed $50,000. 2020, c. 14, Sched. 3, s. 2.

Form of order

(4) An order made under subsection (1) imposing an administrative penalty against a person shall be in the form that the Director determines. 2020, c. 14, Sched. 3, s. 2.

Absolute liability

(5) An order made under subsection (1) imposing an administrative penalty against a person applies even if,

(a) the person took all reasonable steps to prevent the contravention on which the order is based; or

(b) at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent. 2020, c. 14, Sched. 3, s. 2.

No effect on offences

(6) For greater certainty, nothing in subsection (5) affects the prosecution of an offence. 2020, c. 14, Sched. 3, s. 2.

Other measures

(7) Subject to section 104.0.3, an administrative penalty may be imposed alone or in conjunction with the exercise of any measure against a person provided by this Act or the regulations. 2020, c. 14, Sched. 3, s. 2.

Limitation

(8) The Director shall not make an order under subsection (1) more than two years after the day the Director became aware of the person’s contravention on which the order is based. 2020, c. 14, Sched. 3, s. 2.

No hearing required

(9) Subject to the regulations made by the Minister, the Director is not required to hold a hearing or to afford a person an opportunity for a hearing before making an order under subsection (1) against the person. 2020, c. 14, Sched. 3, s. 2.

Non-application of other Act

(10) The Statutory Powers Procedure Act does not apply to an order of the Director made under subsection (1) of this section. 2020, c. 14, Sched. 3, s. 2.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 3, s. 2 - not in force

Appeal

104.0.2 (1) The person against whom an order made under subsection 104.0.1 (1) imposes an administrative penalty may appeal the order to the person designated under subsection (8) of this section by delivering a written notice of appeal to that person within 15 days after receiving the order. 2020, c. 14, Sched. 3, s. 2.

Extension of time for appeal

(2) The person designated under subsection (8) may extend the time period for appealing and may determine the circumstances in which extensions are given. 2020, c. 14, Sched. 3, s. 2.

Form of notice

(3) The notice of appeal shall be in the form that the person designated under subsection (8) determines. 2020, c. 14, Sched. 3, s. 2.

Filing of notice

(4) The person against whom the order imposing the administrative penalty is made shall file the notice of appeal in the manner that the person designated under subsection (8) determines. 2020, c. 14, Sched. 3, s. 2.

Stay

(5) An appeal commenced in accordance with subsection (1) operates as a stay of the order until disposition of the appeal. 2020, c. 14, Sched. 3, s. 2.

Opportunity for submissions

(6) Before disposing of an appeal, the person designated under subsection (8) shall give the person against whom the order imposing the administrative penalty is made a reasonable opportunity to make written submissions. 2020, c. 14, Sched. 3, s. 2.

Powers on appeal

(7) On an appeal, the person designated under subsection (8) may confirm, revoke or vary the order within the limits, if any, established by the regulations made by the Minister. 2020, c. 14, Sched. 3, s. 2.

Designation of person to whom appeals made

(8) The Minister shall designate a person to whom appeals may be made under this section. 2020, c. 14, Sched. 3, s. 2.

Non-application of other Act

(9) The Statutory Powers Procedure Act does not apply to an appeal made under this section. 2020, c. 14, Sched. 3, s. 2.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 3, s. 2 - not in force

Effect of paying penalty

104.0.3 If a person against whom an order imposing an administrative penalty is made pays the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the person cannot be charged with an offence under this Act in respect of the same contravention on which the order is based and no other prescribed measure shall be taken against the person in respect of the same contravention on which the order is based. 2020, c. 14, Sched. 3, s. 2.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 3, s. 2 - not in force

Enforcement

104.0.4 (1) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court. 2020, c. 14, Sched. 3, s. 2.

Date of order

(2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court shall be deemed to be the date of the order. 2020, c. 14, Sched. 3, s. 2.

Debt due to Crown

(3) An administrative penalty that is not paid in accordance with the terms of the order imposing it or, if the order is varied on appeal, in accordance with the terms of the varied order is a debt due to the Crown and is enforceable as such. 2020, c. 14, Sched. 3, s. 2.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 3, s. 2 - not in force

PART Xi
GENERAL

Definitions

104.1 In this Part,

“inspector” means a person appointed or designated under section 105.1; (“inspecteur”)

“investigator” means an investigator appointed under subsection 106 (1). (“enquêteur”)  2006, c. 34, s. 8 (4); 2014, c. 9, Sched. 1, s. 4.

Section Amendments with date in force (d/m/y)

2006, c. 34, s. 8 (4) - 01/04/2007

2014, c. 9, Sched. 1, s. 4 - 01/04/2015

Ministry receives complaints and makes inquiries

105 (1) The Ministry may,

(a) receive complaints concerning conduct that may be in contravention of this Act, of other legislation for the protection of consumers or of any other prescribed Act, whether the conduct constitutes an offence or not; and

(b) make inquiries, gather information and attempt to mediate or resolve complaints, as appropriate, concerning any matter that comes to its attention that may be in contravention of this Act, of other legislation for the protection of consumers or of any other prescribed Act, whether the matter constitutes an offence or not.  2002, c. 30, Sched. A, s. 105.

Mediation

(2) The Ministry may mediate a complaint if the parties to the complaint agree to mediation. 2017, c. 2, Sched. 12, s. 3 (4).

Agreement to mediate

(3) The agreement to mediate a complaint shall be signed by the parties to the complaint and be on a form approved by the Director that contains the terms and conditions of the mediation and the parties’ obligations regarding the mediation. 2017, c. 2, Sched. 12, s. 3 (4).

Documents and other evidence

(4) If the Ministry attempts to mediate or resolve a complaint involving a supplier and a consumer, the Ministry may request in writing that either party to the mediation provide, to the Ministry within the time specified by the Ministry, documents or other evidence that are relevant to the complaint. 2017, c. 2, Sched. 12, s. 3 (4).

Supplier’s failure to respond

(5) If a supplier fails to provide a document or other evidence as required by the Ministry under subsection (4), the Director shall include the supplier’s name and the record of the failure as part of the public record described in paragraph 2 of subsection 103 (2). 2017, c. 2, Sched. 12, s. 3 (4).

Consumer’s failure to respond

(6) If a consumer fails to provide a document or other evidence as required by the Ministry under subsection (4), the Ministry shall take no other action in relation to the mediation. 2017, c. 2, Sched. 12, s. 3 (4).

Director’s powers saved

(7) Nothing in a mediation or its results affects the authority of the Director to address the complaint even if the mediation results in a settlement. 2017, c. 2, Sched. 12, s. 3 (4).

Protection of settlement records

(8) None of the records, evidence or information that are disclosed in the course of attempting to effect a settlement and that are subject to mediation privilege shall be used or disclosed outside the attempted settlement. 2017, c. 2, Sched. 12, s. 3 (4).

Protection for mediator

(9) A person who conducts a mediation under this section shall not be required to testify in a civil proceeding or in a proceeding before any tribunal respecting the mediation. 2017, c. 2, Sched. 12, s. 3 (4).

Section Amendments with date in force (d/m/y)

2017, c. 2, Sched. 12, s. 3 (4) - 22/03/2017

Inspectors

105.1 The Director may, in writing,

(a) appoint persons as inspectors for the purposes of this Act; and

(b) designate persons, including persons engaged as inspectors or investigators for the purposes of any other Act, as inspectors for the purposes of this Act or for any specific purposes under this Act provided for in the designation. 2014, c. 9, Sched. 1, s. 5.

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 5 - 01/04/2015

Inspection powers

105.2 (1) An inspector may, without a warrant, enter and inspect any place in order to perform an inspection to ensure this Act is being complied with. 2014, c. 9, Sched. 1, s. 5.

Time of entry

(2) The power to enter and inspect a place without warrant may only be exercised during the place’s regular business hours, or during other reasonable times. 2014, c. 9, Sched. 1, s. 5.

Dwellings

(3) The power to enter and inspect a place without a warrant shall not be used to enter and inspect a place or a part of a place that is used as a dwelling. 2014, c. 9, Sched. 1, s. 5.

Use of force

(4) An inspector is not entitled to use force to enter and inspect a place. 2014, c. 9, Sched. 1, s. 5.

Identification

(5) An inspector shall, upon request, produce evidence of his or her appointment or designation. 2014, c. 9, Sched. 1, s. 5.

Powers of inspector

(6) An inspector conducting an inspection may,

(a) examine a record or other thing that the inspector thinks may be relevant to the inspection;

(b) require the production of a record or other thing that the inspector thinks may be relevant to the inspection;

(c) remove for review and copying a record or other thing that the inspector thinks may be relevant to the inspection;

(d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place; and

(e) question any person on matters the inspector thinks may be relevant to the inspection. 2014, c. 9, Sched. 1, s. 5.

Written demand

(7) A demand that a record or other thing be produced must be in writing and must include a statement of the nature of the record or other thing to be produced. 2014, c. 9, Sched. 1, s. 5.

Obligation to produce and assist

(8) If an inspector demands that a record or other thing be produced, the person who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form. 2014, c. 9, Sched. 1, s. 5.

Records and things removed from place

(9) An inspector who removes a record or other thing under clause (6) (c) shall provide a receipt and return the record or thing to the person within a reasonable time. 2014, c. 9, Sched. 1, s. 5.

Copy admissible in evidence

(10) A copy of a record that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value. 2014, c. 9, Sched. 1, s. 5.

Additional contact

(10.1) In addition to the power to enter a place under this section, an inspector may, by any means, contact any person who is in control of the operations of a supplier and may exercise the powers that he or she has to conduct an inspection under this section with respect to the supplier or person, without entering any place, if the inspector establishes that,

(a) the supplier is subject to this Act; and

(b) the person is in control of the operations of the supplier. 2017, c. 2, Sched. 12, s. 3 (5).

Identification

(10.2) An inspector who establishes contact with a person under subsection (10.1) shall provide a written confirmation to the person of the inspector’s authority to conduct the inspection, whether or not there is a request under subsection (5). 2017, c. 2, Sched. 12, s. 3 (5).

Time for production

(10.3) If an inspector establishes contact with a person under subsection (10.1) and requires the person to produce a record or other thing under clause (6) (b), the person shall provide the record or other thing to the inspector in the manner specified by the inspector and within the time specified by the inspector, which shall not be less than 15 days from the day of the demand to produce. 2017, c. 2, Sched. 12, s. 3 (5).

Duty to assist

(10.4) A person who is contacted by an inspector under subsection (10.1) shall assist the inspector in accordance with subsection (8), subject to the time period mentioned in subsection (10.3). 2017, c. 2, Sched. 12, s. 3 (5).

Obstruction

(11) No person shall,

(a) hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an inspector conducting an inspection;

(b) refuse to answer questions on matters that an inspector thinks may be relevant to an inspection;

(c) provide an inspector with information on matters the inspector thinks may be relevant to an inspection that the person knows to be false or misleading; or

(d) prevent or attempt to prevent an inspector from making inquiries of any person separate and apart from another person under clause (6) (e). 2014, c. 9, Sched. 1, s. 5.

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 5 - 01/04/2015

2017, c. 2, Sched. 12, s. 3 (5) - 22/03/2017

Delegation of order-making powers

105.3 (1) The Director may delegate to an inspector, subject to any conditions set out in the delegation, the power to make any proposal or order that the Director may make under the following sections and a proposal or order made by an inspector pursuant to such a delegation is, for all purposes, as effective as if it were made by the Director:

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 105.3 (1) of the Act is amended by adding the following paragraph: (See: 2020, c. 14, Sched. 3, s. 3)

0.1 Section 104.0.1.

1. Section 109.

2. Section 110.

3. Section 111.

4. Section 112.

5. Section 114.

6. Section 115.

7. Section 119. 2014, c. 9, Sched. 1, s. 5; 2017, c. 2, Sched. 12, s. 3 (6).

In writing

(2) A delegation under this section must be in writing. 2014, c. 9, Sched. 1, s. 5.

References to Director

(3) If an inspector has made a proposal or an order pursuant to a delegation under this section, every reference to the Director in or with respect to the section under which the proposal or order, as the case may be, was made and every reference to the Director in sections 121 and 122 is deemed to be a reference to that inspector. 2017, c. 2, Sched. 12, s. 3 (7).

Section Amendments with date in force (d/m/y)

2014, c. 9, Sched. 1, s. 5 - 01/04/2015

2017, c. 2, Sched. 12, s. 3 (6, 7) - 22/03/2017

2020, c. 14, Sched. 3, s. 3 - not in force

Appointment of investigators

106 (1) The Director may appoint persons to be investigators for the purposes of conducting investigations.  2002, c. 30, Sched. A, s. 106 (1).

Certificate of appointment

(2) The Director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature.  2002, c. 30, Sched. A, s. 106 (2).

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under section 107, shall, upon request, produce the certificate of appointment as an investigator.  2006, c. 34, s. 8 (5).

Section Amendments with date in force (d/m/y)

2006, c. 34, s. 8 (5) - 01/04/2007

Search warrant

107 (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there are reasonable grounds for believing that,

(a) an inspector is being prevented from doing anything the inspector is entitled to do under section 105.2; or

(b) a person has contravened or is contravening this Act or the regulations, and there is,

(i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations, or

(ii) information or evidence relating to the contravention of this Act or the regulations that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant. 2014, c. 9, Sched. 1, s. 6.

Powers under warrant

(2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator,

(a) to enter or access the building, dwelling, receptacle or place specified in the warrant and examine and seize anything described in the warrant;

(b) to make reasonable inquiries of any person, orally or in writing, with respect to anything relevant to the investigation;

(c) to require a person to produce the information or evidence described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the information or evidence described in the warrant;

(d) to use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form; and

(e) to use any investigative technique or procedure or do anything described in the warrant.  2004, c. 19, s. 7 (41); 2006, c. 34, s. 8 (7, 8); 2019, c. 14, Sched. 10, s. 4 (1, 2).

Entry of dwelling

(3) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling, unless,

(a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

(b) the justice of the peace authorizes the entry into the dwelling.  2004, c. 19, s. 7 (41).

Conditions on warrant

(4) A warrant obtained under subsection (1) shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.  2004, c. 19, s. 7 (41).

Expert help

(5) The warrant may authorize persons who have special, expert or professional knowledge and other persons as necessary to accompany and assist the investigator in respect of the execution of the warrant.  2004, c. 19, s. 7 (41); 2006, c. 34, s. 8 (9).

Time of execution

(6) An entry or access under a warrant issued under this section shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.  2004, c. 19, s. 7 (41).

Expiry of warrant

(7) A warrant issued under this section shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by an investigator.  2004, c. 19, s. 7 (41).

Use of force

(8) An investigator may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.  2004, c. 19, s. 7 (41).

No obstruction

(9) No person shall obstruct an investigator executing a warrant under this section or withhold from him or her or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.  2004, c. 19, s. 7 (41).

Compliance

(10) If an investigator under clause (2) (c) requires a person to produce evidence or information or to provide assistance, the person shall produce the evidence or information or provide the assistance, as the case may be.  2019, c. 14, Sched. 10, s. 4 (3).

Copies of seized items

(11) An investigator who seizes any thing under this section or section 107.1 may make a copy of it. 2019, c. 14, Sched. 10, s. 4 (3).

Admissibility

(12) A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.  2004, c. 19, s. 7 (41).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (41) - 30/07/2005

2006, c. 34, s. 8 (6-10) - 01/04/2007

2014, c. 9, Sched. 1, s. 6 - 01/04/2015

2019, c. 14, Sched. 10, s. 4 (1-3) - 10/12/2019

Seizure of things not specified

107.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.  2006, c. 34, s. 8 (11).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (41) - 30/07/2005

2006, c. 34, s. 8 (11) - 01/04/2007

Searches in exigent circumstances

108 (1) An investigator may exercise any of the powers described in subsection 107 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.  2004, c. 19, s. 7 (42).

Dwellings

(2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.  2004, c. 19, s. 7 (42).

Use of force

(3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.  2004, c. 19, s. 7 (42).

Applicability of s. 107

(4) Subsections 107 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.  2004, c. 19, s. 7 (42).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (42) - 30/07/2005

Report when things seized

108.1 (1) An investigator who seizes any thing under the authority of section 107, 107.1 or 108 shall bring it before a justice of the peace or, if that is not reasonably possible, shall report the seizure to a justice of the peace. 2019, c. 14, Sched. 10, s. 4 (4).

Procedure

(2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of section 107, 107.1 or 108 of this Act, reading the reference in subsection 160 (1) of that Act to a document that a person is about to examine or seize under a search warrant as a reference to a thing that an investigator is about to examine or seize under the authority of section 107, 107.1 or 108 of this Act. 2019, c. 14, Sched. 10, s. 4 (4).

Section Amendments with date in force (d/m/y)

2019, c. 14, Sched. 10, s. 4 (4) - 10/12/2019

False, misleading or deceptive representation

109 (1) If the Director believes on reasonable grounds that any person is making a false, misleading or deceptive representation in respect of any consumer transaction in an advertisement, circular, pamphlet or material published by any means, the Director may,

(a) order the person to cease making the representation; and

(b) order the person to retract the representation or publish a correction of equal prominence to the original publication.  2002, c. 30, Sched. A, s. 109 (1).

Real property

(2) Despite clause 2 (2) (f), this section applies to any representations involving real property.  2002, c. 30, Sched. A, s. 109 (2).

Order effective

(3) The order takes effect immediately upon being made.  2002, c. 30, Sched. A, s. 109 (3).

Service

(4) The Director shall serve the order, together with written reasons for it, on the person named in it.  2002, c. 30, Sched. A, s. 109 (4).

Request for a hearing

(5) The order shall inform the person named in it that the person may request a hearing before the Tribunal by mailing or delivering a written notice of request for a hearing to the Director and the Tribunal within 15 days after service of the order.  2002, c. 30, Sched. A, s. 109 (5).

Hearing date

(6) If the person gives a notice of request for a hearing within the allowed time, the Tribunal shall hold a hearing.  2002, c. 30, Sched. A, s. 109 (6).

Stay of order

(7) The Tribunal may stay the order until it confirms or sets aside the order under subsection (9).  2002, c. 30, Sched. A, s. 109 (7).

Parties

(8) The Director, the person who requested the hearing and the persons whom the Tribunal specifies are parties to the hearing.  2002, c. 30, Sched. A, s. 109 (8).

Powers of Tribunal

(9) After holding the hearing, the Tribunal may,

(a) confirm the order with the amendments, if any, that the Tribunal considers proper to give effect to the purposes of this Act; or

(b) set aside the order.  2002, c. 30, Sched. A, s. 109 (9).

Same

(10) In confirming or setting aside the order, the Tribunal may substitute its opinion for that of the Director.  2002, c. 30, Sched. A, s. 109 (10).

Appeal

(11) Even if the person named in an order made under this section appeals it under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.  2002, c. 30, Sched. A, s. 109 (11).

Freeze order

110 (1) If the conditions in subsection (2) are met, the Director may, in writing,

(a) order any person having on deposit or controlling any assets or trust funds of a supplier or former supplier to hold those funds or assets;

(b) order a supplier or former supplier to refrain from withdrawing any asset or trust fund from a person having them on deposit or controlling them; or

(c) order a supplier or former supplier to hold any asset or trust fund of a consumer or other person in trust for the person entitled to it.  2002, c. 30, Sched. A, s. 110 (1).

Conditions

(2) The Director may make an order under subsection (1) if he or she believes that it is advisable for the protection of consumers and,

(a) a search warrant has been issued under this Act;

(b) an order has been made under section 111 or 112; or

(c) there has been an undertaking of voluntary compliance under section 114.  2002, c. 30, Sched. A, s. 110 (2).

Person engaged in unfair practice

(3) Subsections (1) and (2) apply with necessary modifications to any person, whether or not the person is or was a supplier, if the person has engaged or is engaging in unfair practices under this Act.  2002, c. 30, Sched. A, s. 110 (3).

Limitation

(4) In the case of a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020 or a loan or trust corporation, the order under subsection (1) applies only to the offices and branches named in the order.  2002, c. 30, Sched. A, s. 110 (4); 2020, c. 36, Sched. 7, s. 303 (3).

Release of assets

(5) The Director may consent to the release of any particular asset or trust fund from the order or may wholly revoke the order.  2002, c. 30, Sched. A, s. 110 (5).

Exception

(6) Subsection (1) does not apply if the person files with the Director, in such manner and amount as the Director determines,

(a) a personal bond accompanied by collateral security;

(b) a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance;

(c) a bond of a guarantor accompanied by collateral security; or

(d) another prescribed form of security.  2002, c. 30, Sched. A, s. 110 (6).

Application to court

(7) An application may be made to the Superior Court of Justice for a determination in respect of the disposition of an asset or trust fund,

(a) by a person in receipt of an order under subsection (1), if that person is in doubt as to whether the order applies to the asset or trust fund; or

(b) by a person who claims an interest in the asset or trust fund subject to the order.  2002, c. 30, Sched. A, s. 110 (7).

Notice

(8) If an order is made under this section, the Director may register in the appropriate land registry office a notice that an order under subsection (1) has been issued and that the order may affect land belonging to the person referred to in the notice and the notice has the same effect as the registration of a certificate of pending litigation except that the Director may in writing revoke or modify the notice.  2002, c. 30, Sched. A, s. 110 (8).

Cancellation or discharge application

(9) A person in respect of whom an order has been made under subsection (1) or any person having an interest in land in respect of which a notice is registered under subsection (8) may apply to the Tribunal for cancellation in whole or in part of the order or for discharge in whole or in part of the registration.  2002, c. 30, Sched. A, s. 110 (9).

Disposition by Tribunal

(10) The Tribunal shall dispose of the application after a hearing and may cancel the order or discharge the registration in whole or in part, if the Tribunal finds,

(a) that the order or registration is not required in whole or in part for the protection of consumers or of other persons having an interest in the land; or

(b) that the interests of other persons are unduly prejudiced by the order or registration.  2002, c. 30, Sched. A, s. 110 (10).

Parties

(11) The applicant, the Director and such other persons as the Tribunal may specify are parties to the proceedings before the Tribunal.  2002, c. 30, Sched. A, s. 110 (11).

Court application

(12) If the Director has made an order under subsection (1) or registered a notice under subsection (8), he or she may apply to the Superior Court of Justice for directions or an order relating to the disposition of assets, trust funds or land affected by the order or notice.  2002, c. 30, Sched. A, s. 110 (12).

Notice not required

(13) An application by the Director under this section may be made without notice to any other person.  2002, c. 30, Sched. A, s. 110 (13).

Section Amendments with date in force (d/m/y)

2020, c. 36, Sched. 7, s. 303 (3) - 01/03/2022

Compliance order

111 (1) If the Director believes on reasonable grounds that a person has engaged or is engaging in any activity that contravenes any requirement under this Act, whether the activity constitutes an offence or not, the Director may propose to make an order directing the person to comply with the requirement. 2020, c. 14, Sched. 3, s. 4.

Order for refund

(1.1) For greater certainty, if the Director proposes to make an order under subsection (1) that a person comply with clause 96 (1) (a), the proposed order may specify the amount of the refund described in that clause and include a direction to the person to pay that amount. 2020, c. 14, Sched. 3, s. 4.

Notice

(2) If the Director proposes to make an order under subsection (1), the Director shall serve notice of the proposed order, together with written reasons, on the person.  2002, c. 30, Sched. A, s. 111 (2).

Request for hearing

(3) The notice shall state that the person is entitled to a hearing by the Tribunal if the person mails or delivers, within 15 days after the notice under subsection (2) is served, notice in writing requiring a hearing to the Director and the Tribunal.  2002, c. 30, Sched. A, s. 111 (3).

No hearing required

(4) If the person does not require a hearing in accordance with subsection (3), the Director may make the order.  2002, c. 30, Sched. A, s. 111 (4).

Hearing

(5) If the person requires a hearing in accordance with subsection (3), the Tribunal shall hold the hearing and may order the Director to make the proposed order or to refrain from making the proposed order or may make an order of its own in substitution for that of the Director.  2002, c. 30, Sched. A, s. 111 (5).

Conditions

(6) The Tribunal may attach such conditions to its order as it considers proper.  2002, c. 30, Sched. A, s. 111 (6).

Parties

(7) The Director and the person who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section.  2002, c. 30, Sched. A, s. 111 (7).

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 3, s. 4 - 14/07/2020

Order for immediate compliance

112 (1) Despite section 111, the Director may make an order requiring immediate compliance with a requirement under this Act if, in the Director’s opinion, it is the public interest to do so and subject to subsection (2), such an order takes effect immediately.  2002, c. 30, Sched. A, s. 112 (1); 2020, c. 14, Sched. 3, s. 5 (1).

Order for refund

(1.1) For greater certainty, if the Director makes an order for immediate compliance requiring that a person comply with clause 96 (1) (a), the order may specify the amount of the refund described in that clause and include a direction to the person to pay that amount. 2020, c. 14, Sched. 3, s. 5 (2).

Notice of order

(2) If the Director makes an order for immediate compliance, he or she shall serve on the person named in the order a notice that includes the order and the written reasons for making it and the information required in a notice referred to in subsection 111 (3).  2002, c. 30, Sched. A, s. 112 (2).

Hearing

(3) When a person named in the order requires a hearing in accordance with the notice under subsection (2), the Tribunal shall hold the hearing and may confirm or set aside the order or exercise such other powers as may be exercised in a proceeding under section 111.  2002, c. 30, Sched. A, s. 112 (3).

Expiration of order

(4) If a hearing by the Tribunal is required,

(a) the order expires 15 days after the written request for a hearing is received by the Tribunal; or

(b) the Tribunal may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period referred to in clause (a).  2002, c. 30, Sched. A, s. 112 (4).

Same

(5) Despite subsection (4), if it is satisfied that the conduct of the person named in the order has delayed the commencement of the hearing, the Tribunal may extend the time of the expiration for the order,

(a) until the hearing commences; and

(b) once the hearing commences, until the hearing is concluded.  2002, c. 30, Sched. A, s. 112 (5).

Parties

(6) The Director and the person who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section.  2002, c. 30, Sched. A, s. 112 (6).

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 3, s. 5 (1, 2) - 14/07/2020

Appeal

113 Even if, under section 11 of the Licence Appeal Tribunal Act, 1999, a party to a proceeding before the Tribunal appeals an order of the Tribunal made under section 111 or 112, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.  2002, c. 30, Sched. A, s. 113.

Undertaking of voluntary compliance

114 (1) At any time before all rights of appeal are exhausted or the time for appeals has expired without an appeal being commenced, any person against whom the Director has made or is considering making an order to comply under section 111 or 112 may enter into a written undertaking of voluntary compliance,

(a) to not engage in the specified act after the date of the undertaking;

(a.1) to refund to a consumer who cancelled a consumer agreement any payment made under the agreement or any related agreement;

(b) to provide compensation to any consumer who has suffered a loss;

(c) to publicize the undertaking or the actions being undertaken as a result of the undertaking;

(d) to pay any cost incurred in investigating the person’s activities, any legal costs incurred in relation to the person’s activities and any cost associated with the undertakings; and

(e) to take any such action as the Director considers appropriate in the circumstances.  2002, c. 30, Sched. A, s. 114 (1); 2020, c. 14, Sched. 3, s. 6.

Undertaking deemed order

(2) When an undertaking of voluntary compliance is accepted by the Director, the undertaking has and shall be given for all purposes of this Act the force and effect of an order made by the Director.  2002, c. 30, Sched. A, s. 114 (2).

Security for any undertaking

(3) The Director may require any person who is giving an undertaking of voluntary compliance to provide, in such manner and amount as the Director determines, security in the form of,

(a) a personal bond accompanied by collateral security;

(b) a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance;

(c) a bond of a guarantor accompanied by collateral security; or

(d) another prescribed form of security.  2002, c. 30, Sched. A, s. 114 (3).

Release of security

(4) The bond and any collateral security required under subsection (3) shall not be released until the Director is satisfied that the person has fulfilled the undertaking.  2002, c. 30, Sched. A, s. 114 (4).

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 3, s. 6 - 14/07/2020

Restraining orders

115 (1) If it appears to the Director that a person is not complying with this Act or the regulations or an order made under this Act, the Director may apply to the Superior Court of Justice for an order directing that person to comply and, upon the application, the court may make such order as the court thinks fit.  2002, c. 30, Sched. A, s. 115 (1).

Same

(2) Subsection (1) applies in addition to any other procedures that may be available to the Director, whether or not the Director has exercised his or her rights under such procedures.  2002, c. 30, Sched. A, s. 115 (2).

Appeal

(3) An appeal lies to the Divisional Court from an order made under subsection (1).  2002, c. 30, Sched. A, s. 115 (3).

Offences

116 (1) A person is guilty of an offence if the person,

(a) fails to comply with any order, direction or other requirement under this Act; or

(b) contravenes or fails to comply with,

(i) in respect of Part II, Consumer Rights and Warranties, subsection 10 (1), section 12, subsections 13 (2) and (7) and subsections 13.1 (1) and (2),

(ii) in respect of Part III, Unfair Practices, subsection 17 (1),

(iii) in respect of Part IV, Rights and Obligations Respecting Specific Consumer Agreements, subsection 30 (2), clauses 33 (a) and (b), subsections 34 (1) and (2), 36 (1), 43.1 (1) and 47.1 (1), (5) and (6),

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 116 (1) (b) (iii) of the Act is amended by striking out “(5) and (6)” at the end. (See: 2017, c. 5, Sched. 2, s. 19 (2))

(iv) in respect of Part V, Sectors Where Advance Fee Prohibited, section 49, subsection 50 (1) and section 53,

(v) in respect of Part VI, Repairs to Motor Vehicles and Other Goods, subsections 56 (1), 57 (1) and (3), 58 (1) and (2), section 60, subsections 61 (1) and (2) and sections 62 and 64,

(v.1) in respect of Part VI.1, (Tow and Storage Services), any provision of the Part,

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subclause 116 (1) (b) (v.1) of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (3))

(vi) in respect of Part VII, Credit Agreements, section 71, subsections 72 (2) and 76 (2), section 77 and subsections 78 (1) and (2), 79 (1), 80 (1), (2), (3) and (5), 81 (1), (3), (5), (6) and (7) and 82 (1) and (2),

(vi.1) in respect of Part VII.1, Agreements for Cashing Government Cheques, section 85.3, subsection 85.4 (1) and section 85.5,

(vii) in respect of Part VIII, Leasing, section 88 and subsection 89 (1),

(viii) in respect of Part IX, Procedures for Consumer Remedies, subsections 96 (1), 98 (2) and 99 (5), and

(ix) in respect of Part XI, General, subsection 105.2 (11).  2002, c. 30, Sched. A, s. 116 (1); 2004, c. 19, s. 7 (43); 2006, c. 34, s. 8 (12); 2014, c. 9, Sched. 1, s. 7 (1, 2); 2017, c. 5, Sched. 2, s. 19 (1, 3).

Same

(2) A person who contravenes or fails to comply with a provision of a regulation made under this Act is guilty of an offence.  2002, c. 30, Sched. A, s. 116 (2).

Corporation

(3) An officer or director of a corporation is guilty of an offence if he or she fails to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1) or (2).  2002, c. 30, Sched. A, s. 116 (3).

Attempt

(4) Any person who attempts to commit any offence referred to in subsection (1) or (2) is guilty of an offence.  2002, c. 30, Sched. A, s. 116 (4).

Penalties

(5) An individual who is convicted of an offence under this Act is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or both, and a corporation that is convicted of an offence under this Act is liable to a fine of not more than $250,000.  2002, c. 30, Sched. A, s. 116 (5).

Limitation

(6) No proceeding under this section shall be commenced more than two years after the facts upon which the proceeding is based first came to the knowledge of the Director.  2002, c. 30, Sched. A, s. 116 (6).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (43) - 30/07/2005

2006, c. 34, s. 8 (12) - 01/01/2008

2014, c. 9, Sched. 1, s. 7 (2) - 01/04/2015; 2014, c. 9, Sched. 1, s. 7 (1) - 01/01/2017

2017, c. 5, Sched. 2, s. 19 (1) - 01/03/2018; 2017, c. 5, Sched. 2, s. 19 (2) - not in force; 2017, c. 5, Sched. 2, s. 19 (3) - 01/07/2018

2021, c. 26, Sched. 3, s. 65 (3) - 01/01/2024

Orders for compensation, restitution

117 If a person is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or make restitution.  2002, c. 30, Sched. A, s. 117.

Default in payment of fines

118 (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the Director may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default.  2002, c. 30, Sched. A, s. 118 (1).

Where payment made

(2) Within 10 days after the Director has notice that the fine has been paid in full, the Director shall inform the consumer reporting agency of the payment.  2002, c. 30, Sched. A, s. 118 (2).

Transition

(3) If a fine is payable as a result of a conviction under the Business Practices Act, the Consumer Protection Act, the Loan Brokers Act, 1994, the Motor Vehicle Repair Act or the Prepaid Services Act despite the repeal of the Act, the Director may treat the fine as if it is payable as a result of a conviction under this Act, and subsections (1) and (2) apply to such a fine in like manner as they apply to a fine payable for a conviction under this Act.  2002, c. 30, Sched. A, s. 118 (3).

Liens and charges

119 (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the Director may by order create a lien against the property of the person who is liable to pay the fine.  2002, c. 30, Sched. A, s. 119 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 119 (1) of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 3, s. 7 (1))

Liens and charges — administrative penalties and offences

(1) If a fine payable as a result of a conviction for an offence under this Act or an administrative penalty is in default for at least 60 days, the Director may by order create a lien against the property of the person who is liable to pay the fine or administrative penalty. 2020, c. 14, Sched. 3, s. 7 (1).

Liens on personal property

(2) If the lien created by the Director under subsection (1) relates to personal property,

(a) the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act;

(b) the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and

(c) the Director may perfect the security interest referred to in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act.  2002, c. 30, Sched. A, s. 119 (2).

Liens and charges on real property

(3) If the lien created by the Director under subsection (1) relates to real property, the Director may register the lien against the property of the person liable to pay the fine in the proper land registry office and on registration, the obligation under the lien becomes a charge on the property.  2002, c. 30, Sched. A, s. 119 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 119 (3) of the Act is amended by adding “or administrative penalty” after “fine”. (See: 2020, c. 14, Sched. 3, s. 7 (2))

Initiation of sale proceedings prohibited

(4) The Director shall not initiate sale proceedings in respect of any real property against which he or she has registered a lien under subsection (3).  2002, c. 30, Sched. A, s. 119 (4).

Proceeds of sale

(5) If a lien is perfected by registration under subsection (2) or is registered against real property under subsection (3) and the related real or personal property is sold, the Director shall ensure the funds he or she receives as result of the sale are used to pay the fine.  2002, c. 30, Sched. A, s. 119 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 119 (5) of the Act is amended by adding “or administrative penalty” at the end. (See: 2020, c. 14, Sched. 3, s. 7 (3))

Discharge of lien

(6) Within 10 days after the Director has knowledge of the payment in full of the fine, the Director shall,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 119 (6) of the Act is amended by adding “or administrative penalty” after “fine” in the portion before clause (a). (See: 2020, c. 14, Sched. 3, s. 7 (4))

(a) discharge the registration of any financing statement registered under clause (2) (c); and

(b) register a discharge of a charge created on registration of a lien under subsection (3).  2002, c. 30, Sched. A, s. 119 (6).

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 3, s. 7 (1-4) - not in force

Confidentiality

120 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(b) to a ministry, department or agency of a government engaged in the administration of legislation that protects consumers or to any other entity to which the administration of legislation that protects consumers has been assigned;

(b.1) as authorized under the Regulatory Modernization Act, 2007;

(c) to a prescribed entity or organization, if the purpose of the communication is consumer protection;

(d) to a law enforcement agency;

(e) to his, her or its counsel; or

(f) with the consent of the person to whom the information relates.  2004, c. 19, s. 7 (44); 2007, c. 4, s. 26.

Testimony

(2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations.  2004, c. 19, s. 7 (44).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (44) - 30/07/2005

2007, c. 4, s. 26 - 17/01/2008

Service by the Director of notice or order

121 (1) Any notice or order required to be given or served by the Director under this Act is sufficiently given or served if,

(a) delivered personally;

(b) sent by registered mail; or

(c) sent by another manner if the Director can prove receipt of the notice or order.  2002, c. 30, Sched. A, s. 121 (1).

Deemed service

(2) Where service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice or order until a later date.  2002, c. 30, Sched. A, s. 121 (2).

Exception

(3) Despite subsection (1), the Tribunal may order any other method of service.  2002, c. 30, Sched. A, s. 121 (3).

Certificate as evidence

122 (1) For all purposes in any proceeding, a statement purporting to be certified by the Director is, without proof of the office or signature of the Director, admissible in evidence as proof in the absence of evidence to the contrary, of the facts stated in it in relation to,

(a) the filing or non-filing of any document or material required or permitted to be filed; or

(b) the time when the facts upon which the proceedings are based first came to the knowledge of the Director.  2002, c. 30, Sched. A, s. 122 (1).

Same

(2) A statement purporting to be certified by an official acting under legislation that protects consumers in another jurisdiction, as prescribed, shall have the same force and effect as a certificate of the Director issued under subsection (1).  2002, c. 30, Sched. A, s. 122 (2).

Proof of document

(3) Any document made under this Act that purports to be signed by the Director or a certified copy of the document is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, that the document is signed by the Director without proof of the office or signature of the Director.  2002, c. 30, Sched. A, s. 122 (3).

Lieutenant Governor in Council regulations: general

123 (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing anything in this Act that is referred to as being prescribed;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 123 (1) (a) of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 3, s. 8)

(a) prescribing anything in this Act that is described as being prescribed, done in accordance with the regulations or provided for in the regulations, other than a matter that this Act describes as being prescribed by the Minister or provided for in regulations made by the Minister;

(b) prescribing the form and content of consumer agreements, notices, invoices or any documents required under this Act;

(c) exempting any supplier, consumer transaction, goods or services, any combination of any of them or any class of any of them from any provision of this Act or the regulations, and prescribing conditions or restrictions that apply in respect of an exemption;

(d) governing trade-ins and trade-in arrangements made under consumer agreements or arising from consumer agreements;

(e) respecting what constitutes a material change in the periodic supply or ongoing supply of goods or services;

(f) requiring suppliers to make returns and furnish information to the Director as is prescribed;

(g) requiring information that is required or permitted to be furnished to the Director or that is contained in any form or return to be verified by affidavit;

(h) governing the application of the Electronic Commerce Act, 2000 or any part of that Act to this Act;

(i) providing for any transitional matter necessary for the effective implementation of this Act or the regulations;

(j) defining, for the purposes of this Act and the regulations, any word or expression that is used in this Act but not defined in this Act;

(k) clarifying the definition of “rewards points” in section 1 and specifying things that do or do not constitute rewards points for the purposes of this Act.  2002, c. 30, Sched. A, s. 123 (1); 2004, c. 19, s. 7 (45); 2016, c. 34, s. 3 (1).

Lieutenant Governor in Council regulations: Part I

(2) The Lieutenant Governor in Council may make regulations,

(a) prescribing a tribunal for the purposes of this Act;

(b) prescribing professional services that are exempted from the application of this Act;

(c) for the purposes of section 4, excluding the application of provisions of this Act or of the regulations to consumer agreements that meet the criteria of more than one type of agreement to which this Act applies.  2002, c. 30, Sched. A, s. 123 (2); 2004, c. 19, s. 7 (46).

Lieutenant Governor in Council regulations: Part II

(3) The Lieutenant Governor in Council may make regulations prescribing the period in which a supplier is to refund a payment to a consumer who has demanded a refund.  2002, c. 30, Sched. A, s. 123 (3).

Lieutenant Governor in Council regulations: Part III

(4) The Lieutenant Governor in Council may make regulations,

(a) prescribing requirements for the notice to rescind an agreement or the notice to seek recovery under Part III;

(b) prescribing the period in which to respond to a consumer who has given notice to rescind an agreement or notice to seek recovery.  2002, c. 30, Sched. A, s. 123 (4).

Lieutenant Governor in Council regulations: Part IV

(5) The Lieutenant Governor in Council may make regulations,

(a) prescribing the total potential payment obligations, excluding the cost of borrowing, that must be exceeded for Part IV to apply to consumer agreements included in that Part;

(b) prescribing the circumstances under which the effect of the cancellation of a consumer agreement to which Part IV applies and the obligations arising as a result of the cancellation of the agreement will be limited and prescribing the nature of the limitations;

(c) for consumer agreements to which Part IV applies, governing disclosure, contents of consumer agreements and requirements for making, renewing, amending or extending consumer agreements;

(d) prescribing matters as being personal development services;

(e) for the purposes of Part IV, governing future performance agreements including gift card agreements, and governing time share agreements, personal development services agreements, internet agreements, direct agreements and remote agreements;

(f) imposing restrictions, including prohibiting expiry dates, on future performance agreements, including gift card agreements;

(g) governing the fees, other than the payment under a future performance agreement, including a gift card agreement, for supplying goods or services under the agreement, that the supplier under the agreement may charge or is prohibited from charging to the consumer;

(h) allowing the consumer under a future performance agreement, including a gift card agreement, to cancel the agreement if the supplier does not disclose the matters with respect to the agreement that the regulations specify and governing the cancellation of the agreement;

(i) providing that any provision of this Act or the regulations applies to future performance agreements, including gift card agreements, with the modifications specified in the regulations;

(j) governing the transfer of rewards points among consumers, including upon death;

(k) governing the inactivity of consumer agreements under which rewards points are provided and of the rewards points themselves;

(l) governing the termination of consumer agreements under which rewards points are provided and of the rewards points themselves;

(m) governing the application of section 47.1 with respect to rewards points and, without restricting the generality of the foregoing, providing for and prescribing anything that that section refers to as being prescribed or provided for in the regulations and governing transitional matters.  2002, c. 30, Sched. A, s. 123 (5); 2004, c. 19, s. 7 (47); 2006, c. 34, s. 8 (13, 14); 2016, c. 34, s. 3 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (5) of the Act is amended by adding the following clause: (See: 2017, c. 5, Sched. 2, s. 20 (1))

(n) prohibiting suppliers from entering into any class of consumer agreement to which Part IV applies and that is specified in the regulations if it creates a lien or other security interest in any real or personal property owned by the consumer or in the goods or services under the agreement and governing the rights and obligations of the parties under such an agreement.

Lieutenant Governor in Council regulations: Part V

(6) The Lieutenant Governor in Council may make regulations,

(a) prescribing goods and services for the purposes of Part V;

(b) prescribing conditions that must be met to permit payment for the supply of prescribed goods and services;

(c) prescribing requirements for making an agreement to which Part V applies;

(d) prescribing prohibited representations for the purposes of Part V;

(e) for the purposes of Part V, governing consumer agreements for loan brokering, consumer agreements for credit repair and other consumer agreements to which Part V applies.  2002, c. 30, Sched. A, s. 123 (6); 2004, c. 19, s. 7 (48).

Lieutenant Governor in Council regulations: Part VI

(7) The Lieutenant Governor in Council may make regulations,

(a) prescribing goods for the purposes of Part VI;

(b) governing estimates for the purposes of Part VI, including prescribing requirements with which estimates must comply;

(c) governing authorizations for the purposes of Part VI, including prescribing requirements that must be met in recording an authorization;

(d) prescribing signs that a repairer must post, prescribing requirements for posting the signs and prescribing the contents of the signs and the manner in which the contents are to be presented;

(e) governing invoices for the purposes of Part VI, including prescribing the information to be contained in an invoice and the manner in which the information is to be presented;

(f) prescribing the minimum warranty for new and reconditioned parts and for labour for the purposes of subsection 63 (1).  2002, c. 30, Sched. A, s. 123 (7); 2004, c. 19, s. 7 (49).

Lieutenant Governor in Council regulations: Part VI.1

(7.1) The Lieutenant Governor in Council may make regulations,

(a) respecting any matters that are described in Part VI.1 as being prescribed or provided for in the regulations;

(b) governing the meaning of “tow and storage services operator” for the purposes of Part VI.1 or any provision of that Part, including providing for different classes of tow and storage services operator and providing for application of the term to persons or entities who only operate with respect to tow services, who only operate with respect to storage services or who operate with respect to both;

(c) defining or clarifying “tow and storage services” for the purposes of Part VI.1 or any provision of that Part, including providing for the application of the term to include services that only involve towing, that only involve storage or that involve both and defining or clarifying “tow”, “storage” and related terms;

(d) providing for different classes of tow and storage provider for the purposes of Part VI.1 and providing for different obligations under that Part with respect to different classes;

(e) governing the meaning of “tow truck” for the purposes of Part VI.1;

(f) excluding persons from the definition of “tow truck driver” for the purposes of Part VI.1;

(g) for the purposes of subsection 65.4 (1), providing for persons who may authorize the services on behalf of the consumer and governing circumstances under which the consumer is unable to give authorization, and governing the circumstances, if any, under which a tow and storage provider may charge a consumer for services without the authorization that would otherwise apply under that subsection;

(h) for the purposes of subsection 65.4 (2), providing for and governing the circumstances, if any, under which a tow and storage provider may charge a consumer an amount that exceeds the amount that would otherwise apply under that subsection;

(i) for the purposes of section 65.6, providing for and governing the circumstances, if any, under which a tow and storage provider is not required to provide an invoice;

(j) prescribing one or more forms and manners in which the statement of rates charged may be made publicly available for the purposes of section 65.8;

(k) for the purposes of section 65.12, governing,

(i) the circumstances under which a tow and storage provider is not required to provide access to a vehicle,

(ii) when and how access is to be provided, and

(iii) under what circumstances, if any, a fee may be charged for permitting access, and where a fee may be charged, requiring that the amount of the fee be reasonable;

(l) respecting and governing anything that may be provided for with respect to section 65.18, including, but without limiting the generality of the foregoing, referring to, or incorporating, with or without modification, the provisions of one or more municipal by-laws as they may exist from time to time;

(m) providing for additional qualifications for the purposes of section 65.20;

(n) governing transitional matters for the purposes of Part VI.1. 2014, c. 9, Sched. 1, s. 8; 2017, c. 5, Sched. 2, s. 20 (2).

Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 123 (7.1) of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (4))

Lieutenant Governor in Council regulations: Part VII

(8) The Lieutenant Governor in Council may make regulations,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (8) of the Act is amended by adding the following clauses: (See: 2017, c. 5, Sched. 2, s. 20 (3))

(0.a.1) governing the factors that a lender is required to take into account with respect to a borrower before entering into a credit agreement with the borrower;

(0.a.2) prohibiting lenders from entering into a credit agreement with a borrower if the amount of the credit to be extended or money to be lent under the agreement exceeds the prescribed amounts or the amounts calculated according to the prescribed manner;

(0.a.3) requiring a lender under a credit agreement to provide to the borrower in writing, before entering into the agreement, a copy of the lender’s assessment of the factors prescribed under clause (0.a.1) with respect to the borrower, and requiring that such information be given in accordance with the prescribed requirements;

(0.a.4) specifying that if a lender under a credit agreement does not comply with a regulation made under clause (0.a.3), the borrower is not liable to pay the lender the cost of borrowing under the agreement;

(0.a.5) prohibiting a lender from initiating contact with a borrower for the purpose of offering to refinance a credit agreement;

(a) prescribing what constitutes value received by a borrower under a credit agreement;

(b) prescribing the manner in which to determine the annual percentage rate;

(c) prescribing payments and repayments and charges that are not included in the cost of borrowing;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (8) of the Act is amended by adding the following clause: (See: 2017, c. 5, Sched. 2, s. 20 (3))

(c.1) prescribing maximum amounts for charges that are not included in the cost of borrowing under a credit agreement, or a method of setting maximum amounts;

(d) excluding types of consumer agreements from credit agreements;

(e) prescribing requirements that must be met by an index for the index to qualify as a public index;

(f) exempting obligations of a lender from application to a loan broker if the loan broker assists a consumer to obtain credit or a loan of money and the creditor is not in the business of extending credit or lending money;

(g) prescribing requirements for correcting errors in statements of account issued under credit agreements for open credit;

(h) for the purpose of subsection 76 (2), prescribing the manner of determining the portion to be refunded or credited to a borrower, in respect of each amount that forms part of the cost of borrowing, other than amounts paid on account of interest;

(i) prescribing requirements for representations made in respect of credit agreements;

(j) prescribing information that is to be included in a loan broker’s statement to a borrower;

  (j.1) governing applications for credit cards;

(k) governing disclosure statements under Part VII;

(l) prescribing the information to be included in a statement of account for a credit agreement for open credit;

  (l.1) governing information and statements, other than disclosure statements under Part VII, that a lender must provide to a borrower;

(m) prescribing whether or not a change is a material change;

(n) prescribing the maximum liability of a borrower under a credit agreement for open credit in cases where the borrower has not authorized the charges imposed;

(o) governing credit agreements for the purposes of Part VII.  2002, c. 30, Sched. A, s. 123 (8); 2004, c. 19, s. 7 (50-53).

Lieutenant Governor in Council regulations: Part VIII

(9) The Lieutenant Governor in Council may make regulations,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (9) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2017, c. 5, Sched. 2, s. 20 (4))

Lieutenant Governor in Council regulations: Part VIII

(9) The Lieutenant Governor in Council may make regulations for the purposes of Part VIII,

(a) in respect of representations made about the cost of a lease;

(a.1) prescribing the manner of determining the annual percentage rate in respect of a lease;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (9) of the Act is amended by adding the following clause: (See: 2017, c. 5, Sched. 2, s. 20 (5))

(a.2) governing and requiring the use of tags or other markers attached to or displayed around a good that is to be leased and the use of statements included in a display relating to a good that is to be leased, and governing the content of such tags, markers, statements or displays and the manner and form in which they are used;

(b) governing disclosure statements under Part VIII, including requiring the disclosure of the annual percentage rate in respect of a lease and prescribing other information that the disclosure statement must disclose;

(b.1) prescribing and governing remedies that a consumer may exercise if the consumer does not receive a disclosure statement for a lease as required under subsection 89 (1) or if the disclosure statement received by the consumer does not comply with certain requirements of subsection 89 (2) or the regulations;

(b.2) governing leases for the purposes of Part VIII;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (9) of the Act is amended by adding the following clause: (See: 2017, c. 5, Sched. 2, s. 20 (5))

(b.3) governing penalties to which a lessee is subject for making late payments under a lease, including,

(i) prescribing a grace period during which a lessor is prohibited from exercising the rights and remedies that are specified in the regulation with respect to late payments under a lease despite anything that is specified in the lease,

(ii) restricting the rights of a lessor despite anything specified in a lease if a lessee makes a late payment under a lease, including prohibiting a lessor from seizing the leased goods or terminating the lease,

(iii) prescribing the maximum amounts of penalties that a lessor can require a lessee to pay to the lessor for making a late payment under a lease or a method of setting those amounts and prescribing the circumstances in which a lessor can require a lessee to pay those amounts and the circumstances in which a lessor is not entitled to require a lessee to pay those amounts, and

(iv) specifying whether or not a lessor may apply the amounts described in subclause (iii) to any security deposit that a lessee has paid to a lessor under a lease;

(c) prescribing the manner of determining the maximum liability of a lessee at the end of a term of a residual obligation lease;

(d) limiting the amount of compensation that a lessor may charge the lessee for termination of the lease before the end of the lease term.  2002, c. 30, Sched. A, s. 123 (9); 2004, c. 19, s. 7 (54-58).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (9) of the Act is amended by adding the following clauses: (See: 2017, c. 5, Sched. 2, s. 20 (5))

(e) governing the right of a lessor under a lease to terminate the lease, including,

(i) prescribing the circumstances in which a lessor is entitled to exercise the right of termination or is not entitled to exercise that right, and

(ii) prescribing the requirements that a lessor must fulfil to exercise the right of termination, including requiring a lessor to give notice to the lessee and governing the notice;

(f) governing obligations of lessors and lessees arising as the result of the termination of a lease;

(g) permitting a lessee under a lease that the lessor has terminated for default in payments required under the lease to re-instate the lease, subject to any regulation made under clause (i), provided that the specified conditions, if any, are met;

(h) permitting a lessee under a lease who has terminated the lease for any reason to re-instate the lease, subject to any regulation made under clause (i), provided that the specified conditions, if any, are met;

(i) governing obligations of lessors and lessees arising as the result of the re-instatement of a lease as described in clause (g) or (h).

Lieutenant Governor in Council regulations: Part IX

(10) The Lieutenant Governor in Council may make regulations,

(a) prescribing requirements for a consumer notice cancelling a consumer agreement or requesting a remedy from a supplier;

(b) governing obligations of suppliers and consumers arising as the result of the cancellation of a consumer agreement;

(c) for the purpose of subsections 98 (2) and (4), prescribing the period of time within which a supplier or other person must refund to a consumer a fee or an amount that was charged in contravention of this Act or a payment that was received in contravention of this Act;

(d) in respect of cancelling or reversing credit card charges;

(e) prescribing other payment systems for the purposes of section 99.  2002, c. 30, Sched. A, s. 123 (10); 2004, c. 19, s. 7 (59).

Lieutenant Governor in Council regulations: Part X

(11) The Lieutenant Governor in Council may make regulations,

(a) prescribing requirements for the public record that must be maintained by the Director and prescribing documents and information that must be kept in such a record;

(b) prescribing information that shall be published by the Director.  2002, c. 30, Sched. A, s. 123 (11).

Lieutenant Governor in Council regulations: Part XI

(12) The Lieutenant Governor in Council may make regulations,

(a) prescribing Acts under which the Ministry may receive complaints and make inquiries;

(b) prescribing other jurisdictions from which statements may be certified;

(c) prescribing forms of security;

(d) prescribing entities or organizations to which confidential matters may be disclosed;

(e) authorizing the Director to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purposes of those programs.  2002, c. 30, Sched. A, s. 123 (12); 2004, c. 19, s. 7 (60).

Retroactive

(13) A regulation under this section may, if it so provides, be effective to a period before it is filed so long as that period commences no earlier than the day this section is proclaimed in force.  2002, c. 30, Sched. A, s. 123 (13).

General or particular

(14) A regulation under this section may be general or particular in its application.  2002, c. 30, Sched. A, s. 123 (14).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 7 (45-60) - 30/07/2005

2006, c. 34, s. 8 (13, 14) - 01/10/2007

2014, c. 9, Sched. 1, s. 8 - 01/01/2017

2016, c. 34, s. 3 (1, 2) - 01/01/2018

2017, c. 5, Sched. 2, s. 20 (1, 3-5) - not in force; 2017, c. 5, Sched. 2, s. 20 (2) - 13/04/2017

2020, c. 14, Sched. 3, s. 8 - not in force

2021, c. 26, Sched. 3, s. 65 (4) - 01/01/2024

124 Omitted (provides for coming into force of provisions of this Act).  2002, c. 30, Sched. A, s. 124.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 124 of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 3, s. 9)

Minister’s regulations

124 The Minister may make regulations,

(a) governing any matter that this Act describes as being prescribed by the Minister or provided for in regulations made by the Minister;

(b) specifying different administrative penalties for the contravention of different prescribed provisions of this Act or the regulations, different portions of those prescribed provisions or different prescribed requirements in those prescribed provisions;

(c) governing the procedure for making an order under section 104.0.1 for an administrative penalty and the rights of the parties affected by the procedure, including the time at which the order is deemed to be served on the person against whom the order is made;

(d) providing that the prescribed amount of an administrative penalty mentioned in subsection 104.0.1 (3) shall be calculated on the basis specified in the regulation, including an amount reflecting the number of transactions involved in the contravention on which an order for the administrative penalty is based. 2020, c. 14, Sched. 3, s. 9.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 3, s. 9 - not in force

125 Omitted (enacts short title of this Act).  2002, c. 30, Sched. A, s. 125.