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part vi of consumer protection act 2002

2002, c. 30, Sched. 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. (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. 2002, c. 30, Sched. 2002, c. 30, Sched. (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. A, s. 38 (3). (g)  consumer transactions regulated under the Residential Tenancies Act, 2006. 2014, c. 9, Sched. 2014, c. 9, Sched. 2006, c. 34, s. 8 (2). A, s. 57 (4). A, s. 111 (4). A, s. 39 (2). (d)  another prescribed form of security. (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. A, s. 10 (3). 16. 2002, c. 30, Sched. PART IV Rights and Obligations Respecting Specific Consumer Agreements. 2, s. 2. (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. Consumer Protection Council. 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 … A, s. 74 (1). 7. 2016, c. 34, s. 2 (1). A, s. 7 (2). 3, s. 2. (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. A, s. 9 (2). (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). A, s. 22. 2002, c. 30, Sched. A, s. 8 (1). 13.1 (1) No person shall advertise an internet gaming site that is operated contrary to the Criminal Code (Canada). 2016, c. 34, s. 2 (1). 1, s. 2. A, s. 2 (3). 2002, c. 30, Sched. 2. A, s. 102 (3). 34.— (1) Subject to section 35, the Agency may, with the approval of the Minister given with the consent of the Minister for Finance— (2) In addition to the power of the Lieutenant Governor in Council to make regulations under section 123, the Minister may make regulations. A guarantee or security given by a guarantor for the purpose of securing the performance of those obligations. (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. 0000001726 00000 n 2002, c. 30, Sched. 2002, c. 30, Sched. 2004, c. 19, s. 7 (35). 2014, c. 9, Sched. Chapter 2. (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. 73 (1). 1, s. 2. (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. 3. 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. 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. 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. (c)  in respect of the supply of such other goods or services as may be prescribed, the prescribed requirements are met. 1, s. 2. 2020, c. 14, Sched. A, s. 32 (3). (7) The Lieutenant Governor in Council may make regulations. (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. (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. (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. 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. A, s. 112 (2). 2017, c. 5, Sched. 2, s. 6. 2004, c. 19, s. 7 (39). Section 119. (a)  prescribing Acts under which the Ministry may receive complaints and make inquiries; (b)  prescribing other jurisdictions from which statements may be certified; (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. 110 (1) If the conditions in subsection (2) are met, the Director may, in writing. (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. Lieutenant Governor in Council regulations: general. 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. 3, s. 8). 15 (1) It is an unfair practice to make an unconscionable representation. 95 The cancellation of a consumer agreement in accordance with this Act operates to cancel, as if they never existed. (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. 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. A, s. 36 (2). 2017, c. 5, Sched. 2014, c. 9, Sched. 2002, c. 30, Sched. A, s. 96 (2). 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. (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. (3) Sections 22 to 26 apply to future performance agreements entered into on or after the day this section is proclaimed in force. (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. (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). 2002, c. 30, Sched. (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. A, s. 103 (1). 3. (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. A, s. 16. 2002, c. 30, Sched. 2, s. 13. 2002, c. 30, Sched. 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. Lieutenant Governor in Council regulations: Part XI. A, s. 123 (3). A, s. 111 (7). A, s. 123 (10); 2004, c. 19, s. 7 (59). (11) An investigator who seizes any thing under this section or section 107.1 may make a copy of it. 2020, c. 14, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. 2020, c. 14, Sched. Lieutenant Governor in Council regulations: Part VI.1. (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). (“chèque du gouvernement”) 2017, c. 5, Sched. A, s. 21 (1). 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. 2004, c. 19, s. 7 (40). 3, s. 2. (1) This Act may be cited as the Consumer Protection Act 1999. A, s. 18 (15); 2008, c. 9, s. 79 (5). 2002, c. 30, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. A, s. 39 (3). 2014, c. 9, Sched. (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. 0000030646 00000 n A, s. 46 (3). 2002, c. 30, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. “inspector” means a person appointed or designated under section 105.1; (“inspecteur”). 2002, c. 30, Sched. A, s. 19 (2). (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. 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. A, s. 41 (2). 2002, c. 30, Sched. (2) Access under subsection (1) shall be made in the prescribed manner and within the prescribed time. “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”). (b)  at least 30 days before the amendment is made, if the change is a material change, as prescribed. 2016, c. 34, s. 2 (1). (6) An inspector conducting an inspection may. 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. (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. (“Tribunal”)  2002, c. 30, Sched. (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. 91 This Part does not apply to remedies claimed in respect to unfair practices under Part III. (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. (b)  the realizable value of the leased goods at the end of the lease term. 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. 3, s. 5 (2). (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. 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