2002, c. 30, Sched. Lieutenant Governor in Council regulations: Part XI. 2002, c. 30, Sched. 2002, c. 30, Sched. A, s. 28 (2). A, s. 96 (5). (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. 2002, c. 30, Sched. 2004, c. 19, s. 7 (19); 2008, c. 9, s. 79 (9). (2) This section applies to all consumer agreements under which rewards points are provided, (b) that were entered into after October 1, 2016, but before the day this section came into force; or. 2002, c. 30, Sched. (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. A, s. 105. 106 (1) The Director may appoint persons to be investigators for the purposes of conducting investigations. A, s. 25 (2). No amending legislation available on CanLII. 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. 2002, c. 30, Sched. (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. 2002, c. 30, Sched. 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. A, s. 80 (3). A, s. 111 (4). (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. (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. 2002, c. 30, Sched. 2014, c. 9, Sched. (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. 2014, c. 9, Sched. (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. 34.— (1) Subject to section 35, the Agency may, with the approval of the Minister given with the consent of the Minister for Finance— 2002, c. 30, Sched. “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”). (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. A representation that misrepresents the purpose or intent of any solicitation of or any communication with a consumer. 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. 2002, c. 30, Sched. 2017, c. 2, Sched. (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. 2020, c. 14, Sched. Such other activities that are prescribed. A, s. 114 (3). A, s. 112 (2). A, s. 110 (12). (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. 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. (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. (7) A supplier who receives a demand for a refund under subsection (6) shall refund the payment within the prescribed period of time. 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. A, s. 61 (1). startxref
2004, c. 19, s. 7 (21). 2002, c. 30, Sched. 2002, c. 30, Sched. 2014, c. 9, Sched. 2020, c. 14, Sched. 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. (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. (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. 2020, c. 14, Sched. (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. 7 (4). Action against certain leaders. 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. A, s. 50 (1); 2004, c. 19, s. 7 (10, 11). A, s. 65 (2). 17. Consolidation Period: From July 14, 2020 to the e-Laws currency date. A, s. 18 (1). 2002, c. 30, Sched. 2002, c. 30, Sched. S. 53 ; 2004, c. 34, s. 7 ( 9 ) “ public utility means! 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