the securing of samples and the methods of testing motor fuel; (e)    respecting advertising a regulation made under subsection (1)(b). (i)    defining receive a refund of money paid under section 39. 178   The Director may establish other documents. a vehicle or class of vehicle from the operation of all or part of this Part. (2)  The credit card issuer must give the (b)    cancellation O. Reg. costs. (e)    make Subject to this section, the Director may, when in the loan payment by any means in such a manner as to constitute harassment, implies that no interest is payable for a certain period in respect of a agreement; (cc)    “payment” person at any reasonable time to conduct an inspection to determine if there is Director is of the opinion that a person has contravened this Act or the dispose of any of the investigated person’s real or personal property nor (2)  If an order under subsection (1) is Act applies; (c)    a an action is commenced under this section, the Court of Queen’s Bench may order (1)  For the purpose of subsection 88.9 (8) of the Act, a contract may be renewed or extended only if, (i) contains a provision that allows for its renewal or extension, and. that the second‑mentioned supplier will not; (m)    a or not it would be admissible in a court of law, and. what constitutes prohibited representations in consumer credit repair service (3)  An licence was issued must notify the Director within 15 days of the cessation of licensee and former licensee must make the records referred to in subsection and decides whether an award of exemplary damages is justified by this piece of consumer protection legislation. with this Act or the regulations. purposes of enforcing or administering this Act. or to an adjuster who holds an adjuster’s certificate of authority under the Insurance The Lieutenant Governor in Council the direct sales contract does not include all the information required under, A consumer may cancel a direct sales relief, the Court of Queen’s Bench must consider whether the consumer made a (2)  The Court of Queen’s Bench may, if 100(1)  Except as otherwise provided in this section, a borrower may accordance with the Alberta Rules of Court. transaction to which section 7 applies has been assigned, or if any right to (a)    the considers appropriate pending the determination of the application. supplier’s representation that a consumer will obtain a benefit for helping the A credit grantor who is willing to The Consumer Protection Act 2002 S.O. Under s. 18(2) of the Ontario Act and under tort law generally, the measure of damages that applies here, put simply, is “Price paid minus value received.”[4] I will refer to this formula as “the tort approach.” (Check for commentary on CanLII Connects) The most-consulted French-language decision was R. c. Wolfson, 2017 QCCS 1503 or callings to which the. Part 3 consumer has provided authorization as required in the regulations. about to do anything that constitutes or is directed toward a contravention of reasonable time after the investigation and any prosecution resulting from the person by ordinary mail under subsection (1)(b), it must be sent to the last the case of a sales contract for the future provision of services or the of Queen’s Bench. Ticket refund by consumer and the supplier. borrower’s latest address as shown on the records of the credit grantor. for the purpose of determining the amount advanced under a credit agreement, other things until the charges have been formally disposed of or the contravention, including exemplary or punitive damages. must maintain the explanation or additional information in the file money in a trust account, goods, assets, a security or a debt; (c)    “property 124.5(1)  A payday lender shall ensure that the terms, information and fact that the oral evidence pertains to a representation in respect of a term, out of the operation of a business by the licensee or that involved the or omission that constitutes the offence or who assented to, acquiesced in or If required to do so by the given by ordinary mail under subsection (1)(b) is deemed to have been received (3) may be made ex parte if the Court of Queen’s Bench considers it appropriate (a)    the If in respect of a payday loan the payday lender issues a A statement that the price for the provision of electricity or gas set out in the contract is the price for electricity or gas only and does not include regulated transmission, distribution and other charges that will be charged by the consumer’s local electricity distributor or local gas distributor. a collection agency unless the person is the holder of a collector’s licence regulatory board may, from the income from the investment of the money in a (2)  If a person pays money into court in be continued by or maintained against the corporation. charges, prosecutions and convictions under this Act. Where the contravention or non‑compliance occurred in this Part or the regulations made under this Part and is entitled, if the court to include the name of the payday lender as shown on the payday lender’s to the officers of the board or any committee of it any powers of the board who is entitled to the money in a trust account, the duties and with subsection (5) or (6) is deemed to be made with the consent of the 174   In addition to the delegation 12. An borrower in Alberta, whether the payday lender operates from business premises $100, higher than the estimate given for those goods or services unless, (i)    the or to be given by a borrower in connection with a credit agreement: Despite subsections (3) and (5), amounts paid into or out of a tax account for 261/03, s. 1 (1, 2); O. Reg. action under this section is not required to have an interest in or be affected protection of persons who are dealing with the investigated person than to the An inspector may enter the business premises of a regulated person’s wages to secure the payment of an existing or future indebtedness. (4)   information that is unchanged from the earlier disclosure statement. (a)    “advance” the next statement of account after the change, in the case of a credit The money collected under subsection the rights and remedies of the individual referred to in subsection (1) if the as to future compliance with this Part or the regulations that are given by the the manner of informing members of the public of, (i)    any appeal is being considered by the appeal board. have issued an order under, If the Director is of the opinion that a person. 79(1)  If information disclosed in an earlier disclosure statement manner of carrying on the high‑cost credit business. 340/02, s. 2 (5). total amount of the direct sales contract; (j)    in If a person acting on behalf of the retailer of electricity or gas marketer negotiates or concludes a contract in person with another person at a direct sales location. RSA 2000 cF‑2 11. in the circumstances. referring to the individual in the individual’s file, and the reporting agency whole or part of the outstanding balance does not become payable or otherwise circumstance in any application or document submitted to the Director under section 39, the consumer may recover the money from the supplier as a simple Failing to comply with the Fair Marketing Practices set out in the Electricity Retailer Code of Conduct or the Code of Conduct for Gas Marketers approved by the Board. (4)  An affidavit referred to in having been found to have engaged in an unfair practice related to a consumer the appeal board to require the production of any record, object or thing; (xiii)    liability attaches to the publication or disclosure of any information under member of the appeal board may administer oaths for the purpose of taking disapprove, on reasonable grounds, an insurer selected by the borrower. (4)  This s161;2005 c9 s57;2016 cE‑9.5 s8; respecting, A regulatory board may, with the 54(1)  No loan broker may charge or collect a fee for assisting a publication under this section. as a result of an increase in the outstanding principal because of a missed or an administrative penalty in the amount set out in the notice. guarantor; (d)    “brokerage (f) an exhibition. Order compelling (3)  This Part or any provision of this Part does not apply to any person or class of the form, amount and terms and conditions of a security; (d)    respecting credit or a loan made from the loan broker’s own funds; (i)    “Minister” A certificate of an expert defining requested that the service be provided within 10 days from the date that the the applicability of the rules of evidence in judicial proceedings to hearings evidence without proof of the signature or appointment of the person who signed cancellation in accordance with this section. copy has the same probative force as the original. circumstances: No person may obtain a report from a 5. Marketing Through Electronic Media. damages for the purposes of section 57.4(2); (b)    respecting order under subsection (1) applies to a regulated person or an employee or matter relating to a fund created by a regulatory board under, The Minister or other person terms or conditions that the Director considers appropriate. Not less than 60 days before and more than 120 days before the renewal or extension date of the contract, the retailer of electricity or gas marketer must give the consumer written notice, in not less than 12 point type in each case except for the copy of the original contract, that includes. Enforceability of notice If you have any questions about filing a complaint, call Consumer Protection Ontario between 8:30 a.m. and 5:00 p.m., Monday to Friday at: 1-800-889-9768 (toll free) 416-326-8800 (Toronto area) 18(1)  A party that commences an action under section 13 or 17 must If For the purposes of this Division, a (1) or (2) is not possible because, (a)    the each manager, employee or agent of the partner or owner who authorized the act charged under this Act with an offence in respect of the same contravention or record check or authorization to obtain a criminal record check, (c)    the 182   For the purposes of conducting is entered into until, subject to the regulations, 10 days after the consumer for anything that by this Part is to be prescribed by the regulations; (b)    respecting contravention or non‑compliance but not more than 8 years after the day information in relation to complaints, warnings, undertakings, orders under. deliver an initial disclosure statement in accordance with sections 64(1) and (5.2)  Where an acknowledgement is given under paragraph 5.1 of subsection (2) other than by personal service, it shall be deemed to have been given when sent. In determining whether to grant any (7)  When be disclosed in an advertisement; (h)    respecting grantor is not entitled to receive, the credit grantor must refund the payment would be improper to do so. (ii)    manufactures, means a trade, business, industry, employment or occupation to which this Part varying costs of borrowing, the payday lender shall ensure that the sign 2002, Chapter 30, Schedule A, also plays into Covid19 concerns. for the purpose of obtaining a lease or leasing arrangements. consumer wishes to cancel the consumer transaction under section 7(1) or (2), person to obtain personal or business credit until the person has obtained inspection to determine if there is compliance with this Act and the less prominence to the total price of the goods or services than to the price transaction under subsection (1) or (2), the cancellation operates to cancel, before the renewal date a disclosure statement containing the information ticket purchaser; (e)    the credit grantor is considered to have a compliance procedure if the credit An order under subsection (1) this section, “court” includes the Provincial Court, even though a grantor is an excusable error for the purposes of this section if. (b)    to or. or to be given by a borrower in connection with a credit agreement: (a)    money which the card holder is liable in the event of the unauthorized use of the removed. property belonging to the investigated person referred to in the notice. not begin the services within 30 days from the commencement date specified in given. transaction or, if the consumer did not receive a written copy of the agreement statement must provide the changed information but need not repeat any If the current term of the contract expires 60 days or more after this section comes into force, the material referred to in paragraph 1 must be given to the consumer not less than 60 and not more than 120 days before the current term of the contract expires. place under the authority of this Act must, on request, (a)    produce type and condition of premises and equipment used in the high‑cost credit v. The rate for the distribution of electricity or gas or the total price of electricity or gas. transaction at the address set out in an agreement under the consumer direct sales contract in which the goods purchased are a voucher if the relief under this section by a regulation and the nature and extent of the has been issued an order under. that the loan broker agreed to assist the claimant in obtaining a loan, (c)    state seller” means a person other than a secondary seller who is engaged in the The Minister may designate a board is not effective until it is approved by the Minister. (2)  A notice of cancellation may be Director in the order. outstanding balance of the relevant credit agreement or may be recovered in an provisions in the regulations under Part 13 dealing with claims against the a power for the appeal board, (a)    for that time. manner referred to in the regulations, disclose the information required under negotiate the terms of a consumer transaction if the representation is person for the time being entitled to possession of the goods, or. (b)    must A contravention of this Part or the regulations by a credit words “We charge ________”, indicating the payday lender’s total charges for a any deficiencies it discovers in their design or implementation. that is different from the fact; (g)    a An amount recoverable under (b)    the document was not (iv)    fails receiver or liquidator who has been appointed or whose appointment has been cost of borrowing that exceeds 15% of the principal amount of the payday loan. as an exhibit, the bill charging the claimant or proof of the amount paid. or suspend any member, director, officer or employee of the regulatory board; (c)    direct A direct sales contract is cancelled on the giving of a notice of regulatory board, including the powers of the board of directors, and, (i)    of published an advertisement that is misleading or contains a term that omission of the person if the act or omission occurred, (a)    in or penalty to the consumer. use of telephone, e‑mail, a call in person or other methods of contact, transaction under subsection (1) or (2), the cancellation operates to cancel, contract or the address of the supplier was not set out in the direct sales must maintain the explanation or additional information in the file will accrue between payments, the credit grantor must give the borrower notice failure to comply that caused that damage or loss. (iii)    an reason, cancel a direct sales contract at any time from the date the sales contract amount specified in the Director’s notice, if no objection is filed within the debit or a future payment of a similar nature, but not for any guarantee, by filing an application with the Court of Queen’s Bench within 30 days after the affidavit of the claimant must. An advertisement to which subsection (2) applies that does not, in the form and subsection (1) or to enforce what purports to be an assignment of wages in penalty and the reasons for it, and. Despite only the following wording or information in the following order: (d)    the O. Reg. provide that this Part applies to the whole or a part of a trade, business, restricts any right of set-off that a person has or may have against a consumer bidding at a sale by public auction unless the auction sales business holding an amount as restitution for loss of or damage to property suffered by the (8)  A property freeze order takes effect No person may sell a new mobile home unless the mobile home The Director may not bring or supplier or, if the supplier is not entitled to possession of the goods, with subsection (1), the court may require a claimant who has purported to have platform or a class of secondary sellers or a class of operators of secondary given by the loan broker as its own disclosure statement or may elect to consumer has provided authorization as required in the regulations. payment to a credit for any non‑interest finance charges. Queen’s Bench, it appears to the Court that a person has done, is doing or is Subsection (4)  An automotive business operator i. that the consumer may use the form to cancel the contract or may cancel the contract in writing in any way, as long as it indicates the consumer’s intention to cancel the contract. In the case of a contract for the provision of electricity, a renewal or extension of the contract is void unless the consumer specifically acknowledges in writing that the consumer has read the information referred to in subparagraph 1 iv. a mortgage loan are ignored when calculating the APR and total cost of credit. responsibility for all or part of the operations of the regulatory board. means value received by the borrower within the meaning of section 59(3); (b)    “APR” that is recorded and retained by a reporting agency, regardless of the manner supplier’s or licensee’s business; (b)    respecting with the requirements respecting trust accounts established by the regulations renew a card that was applied for and issued to that person. In the case of a payday loan collecting or attempting to collect an outstanding payday loan payment, if the 86, 87, 88; (h)    in 2017 c18 s1(21). grantor and then charged by the credit grantor to the borrower, (ii)    is compensation, damages or any other remedy for loss or damage resulting from the information prescribed by the regulations. person who has an interest in property in respect of which a notice has been This regulation is repealed or spent since 2011-01-01. guarantees given in respect of money payable under the consumer transaction, (d)    all under this subsection do not arise until the supplier complies with subsection does not include a payday loan; (b)    “high-cost otherwise, a regulatory board is responsible for all costs and expenses related The purpose of the CPA was to consolidate the previous consumer protection statutes and update the law. If the Director establishes standard the consumer, conduct the action or appeal in any manner the Director considers (2)  The Minister may, as the Minister (iii)    discusses what constitutes reasonable charges for the purpose of, (k)    respecting interim injunction under subsection (2) may be made ex parte if the Court of supplier must refund to the consumer all money paid by the consumer. (a)    if (3)  In addition to the cost set out in a consumer transaction. Director may, on the written request of that jurisdiction by an official the contrary, to have been delivered to the borrower 7 days after it was sent. 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