0000028615 00000 n “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”). A, s. 100 (2). Inspection of bank accounts. 2002, c. 30, Sched. (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. (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. 1, s. 5. 2014, c. 9, 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. 2002, c. 30, Sched. (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). (b)  the consumer is able to retain and print the information. A, s. 72 (2). 2017, c. 2, Sched. (ii)  otherwise related to the agreement. A, s. 63 (3). 3, s. 2. 2. (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. 2004, c. 19, s. 7 (18). Amendment of Schedules 40. 3, s. 2. (7) No trustee shall release to a supplier funds received from a consumer until the personal development services are available. 2017, c. 2, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. A, s. 102 (1). (2) A delegation under this section must be in writing. 13. (4) If the person does not require a hearing in accordance with subsection (3), the Director may make the order. (b)  services that are supplied to a consumer who did not request them but does not include. 2020, c. 14, Sched. (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. 95 The cancellation of a consumer agreement in accordance with this Act operates to cancel, as if they never existed. A, s. 92 (5); 2013, c. 13, Sched. A, s. 99 (7). 2004, c. 19, s. 7 (41); 2006, c. 34, s. 8 (7, 8); 2019, c. 14, Sched. (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. (i)  health, fitness, diet or matters of a similar nature. (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. A, s. 41 (3). (c)  residual obligation leases. (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. 2002, c. 30, Sched. (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. (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. (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. A, s. 79 (4). 2002, c. 30, Sched. 2002, c. 30, Sched. A representation that the transaction involves or does not involve rights, remedies or obligations if the representation is false, misleading or deceptive. 2002, c. 30, Sched. A, s. 76 (1); 2008, c. 9, s. 79 (9). Previously “consumer was asked to beware” but these days fingers have been pointed to seller “let seller be beware” as due to policies introduced, governmentlaws, consumer protection, NGO and the increased competition in the market. or another third party. A, s. 51 (1); 2013, c. 13, Sched. Scope of these Regulations 4. 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. 2002, c. 30, Sched. A, s. 110 (10). 2002, c. 30, Sched. 2014, c. 9, Sched. A consumer is the one who assumes to be treated like a King as they bring business to the seller. 2020, c. 14, Sched. (3) A request for goods or services shall not be inferred solely on the basis of payment, inaction or the passing of time. (b)  set aside the order. 2014, c. 9, Sched. 2004, c. 19, s. 7 (41); 2006, c. 34, s. 8 (9). (4) Any person who attempts to commit any offence referred to in subsection (1) or (2) is guilty of an offence. A, s. 63 (2). 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. (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). 2020, c. 14, Sched. Limit on fee for cashing government cheques. A, s. 99 (1). 2002, c. 30, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. A, s. 41 (1). 2002, c. 30, Sched. 2002, c. 30, Sched. (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. 2004, c. 19, s. 7 (37). Any other prescribed document or information. 13.1 (1) No person shall advertise an internet gaming site that is operated contrary to the Criminal Code (Canada). This guidance relates to Part 8 of the Enterprise Act 2002. 2002, c. 30, Sched. A, s. 94 (1). 0000030646 00000 n (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. (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. (11) A court may award exemplary or punitive damages in addition to any other remedy in an action commenced under this section. A, s. 95. (2) Sections 30 to 36 do not apply to personal development services that are provided. (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. A, s. 96 (4). 2002, c. 30, Sched. (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. (3) Sections 22 to 26 apply to future performance agreements entered into on or after the day this section is proclaimed in force. 2004, c. 19, s. 7 (41). 2004, c. 19, s. 7 (7). (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. (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. 2002, c. 30, Sched. 1, s. 5. 2002, c. 30, Sched. A, s. 32 (1). 4. 2014, c. 9, Sched. (c)  enforce this Act and other legislation for the protection of consumers. A, s. 26 (2). 2, s. 20 (3)). (“enquêteur”)  2006, c. 34, s. 8 (4); 2014, c. 9, Sched. 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. 1, s. 2. 2, s. 17. (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. A, s. 123 (7); 2004, c. 19, s. 7 (49). A, s. 109 (11). 3, s. 6. 3, s. 7 (4)), (a)  discharge the registration of any financing statement registered under clause (2) (c); and. (2) Despite clause 2 (2) (f), this section applies to any representations involving real property. Part VII. PART I. 1, s. 3 (1); 2017, c. 2, Sched. Lieutenant Governor in Council regulations: Part VIII. A representation that the goods or services have been supplied in accordance with a previous representation, if they have not. (4) Subsection 7 (1) of the Arbitration Act, 1991 A, s. 8 (3); 2008, c. 9, s. 79 (3). 2002, c. 30, Sched. 2002, c. 30, Sched. (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. 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. 3. THE PUNJAB CONSUMER PROTECTION ACT 2005 (Pb. A, s. 103 (2); 2014, c. 9, Sched. “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”). 10, s. 4 (4). PART VI—DATA PROTECTION REGISTER Data protection register Access to register by the public PART VII—COMPLAINTS Complaints against breach and non-compliance Authority to investigate complaints Compensation for failure to comply with this Act Appeals PART VIII—OFFENCES Unlawful obtaining or disclosing of personal data. Furnishing false information and documents. (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. It applies throughout the UK. 2002, c. 30, Sched. A, s. 19 (2). (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. 2002, c. 30, Sched. Designation of person to whom appeals made. (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. (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). (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. 7. 2002, c. 30, Sched. (The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. (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. A, s. 61 (3). (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. (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. 10, s. 4 (4). (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). A representation that the goods have been used to an extent that is materially different from the fact. Not constitute solicitation for the purpose of subsection ( 8 ), c. 19, s. 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