2006, c. 34, s. 8 (2). 2004, c. 19, s. 7 (19); 2008, c. 9, s. 79 (9). (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. (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. A, s. 46 (3). (a)  appoint persons as inspectors for the purposes of this Act; and. (3) A request for goods or services shall not be inferred solely on the basis of payment, inaction or the passing of time. Allowance for trade-in subject to adjustment. (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. A, s. 123 (8); 2004, c. 19, s. 7 (50-53). (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. Regulations. (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. (b)  the person is in control of the operations of the supplier. (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. Part VII.1 AGREEMENTS FOR CASHING Government Cheques, “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, 1994; (“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”). 2014, c. 9, Sched. (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. A representation that a specific price advantage exists, if it does not. A, s. 80 (4). 2002, c. 30, Sched. (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. 92 (5); 2013, c. 13, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. (2) It extends to the whole of India. (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. (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. 2002, c. 30, Sched. 2002, c. 30, Sched. (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. 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. The Consumer Protection Act is the law which governs if and when someone who has been injured or whose property has suffered damage because of a defective product can make a claim against the producer of that product. Consumer’s recourse re: credit card charges. A, s. 13 (4). 2002, c. 30, Sched. (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. Together, the Sale of Goods Act 1979, The Consumer Protection Act 1987, and the General Product Safety Regulations from 2005, provide protection to consumers from the UK against faulty and dangerous goods in a range of ways and with different approaches. (c)  that are entered into on or after the date this section comes into force. 2002, c. 30, Sched. Act 2002 327 Leadership Code Act Section 35. (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). (5) A consumer who subjects any vehicle part to misuse or abuse is not entitled to the benefit of the warranty on that part. (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. Consumer Protection Act, 2002, SO 2002, c 30, Sch A, <, This statute is current to 2019-12-04 according to the, Rights and Obligations Respecting Specific Consumer Agreements, REPAIRS TO MOTOR VEHICLES AND OTHER GOODS, AGREEMENTS FOR CASHING Government Cheques, Powers and Duties of Minister and Director, 24. between Dec 10, 2019 and Jul 13, 2020 (past), 23. between Jul 1, 2018 and Dec 9, 2019 (past), 22. between Mar 1, 2018 and Jun 30, 2018 (past), 21. between Jan 1, 2018 and Feb 28, 2018 (past), 20. between Apr 13, 2017 and Dec 31, 2017 (past), 19. between Mar 22, 2017 and Apr 12, 2017 (past), 18. between Jan 1, 2017 and Mar 21, 2017 (past), 17. between Apr 1, 2015 and Dec 31, 2016 (past), 16. between Dec 12, 2013 and Mar 31, 2015 (past), 15. between Jan 1, 2011 and Dec 11, 2013 (past), 14. between Jul 1, 2009 and Dec 31, 2010 (past), 13. between Jul 1, 2008 and Jun 30, 2009 (past), 12. between Jun 18, 2008 and Jun 30, 2008 (past), 11. between Jan 17, 2008 and Jun 17, 2008 (past), 10. between Jan 1, 2008 and Jan 16, 2008 (past), 9. between Oct 1, 2007 and Dec 31, 2007 (past), 8. between Jul 25, 2007 and Sep 30, 2007 (past), 7. between May 17, 2007 and Jul 24, 2007 (past), 6. between Apr 1, 2007 and May 16, 2007 (past), 5. between Jan 31, 2007 and Mar 31, 2007 (past), 4. between Dec 20, 2006 and Jan 30, 2007 (past), 3. between Oct 19, 2006 and Dec 19, 2006 (past), 2. between Jun 22, 2006 and Oct 18, 2006 (past), 1. between Jul 30, 2005 and Jun 21, 2006 (past), Requirements for Direct Agreements Subject to Section 43.1 of Act, Ministry of Consumer and Business Services Act, Credit Unions and Caisses Populaires Act, 1994, Mortgage Brokerages, Lenders and Administrators Act, 2006, Freedom of Information and Protection of Privacy Act. 1, s. 2. 2002, c. 30, Sched. 2002, c. 30, Sched. (3) Despite subsection (1), the Tribunal may order any other method of service. 2002, c. 30, Sched. (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. 2002, c. 30, Sched. A, s. 123 (14). 10, s. 4 (3). 2017, c. 2, Sched. 2002, c. 30, Sched. (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. 2002, c. 30, Sched. 2004, c. 19, s. 7 (42). A, s. 117. (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). (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. 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”). 10, s. 4 (1, 2). 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. 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. 2017, c. 5, Sched. (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. (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). A, s. 39 (1). A, s. 2 (1). (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. or another third party. 2002, c. 30, Sched. A, s. 110 (5). A, s. 102 (4). (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. 2002, c. 30, Sched. 1, s. 3 (1); 2017, c. 2, Sched. 1, s. 5. (b)  register a discharge of a charge created on registration of a lien under subsection (3). 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. (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). 84 (1) If an assignor of a negotiable instrument is convicted of a contravention of section 2014, c. 9, Sched. 2014, c. 9, Sched. (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). A, s. 81 (4). Last amendment: 2020, c. 14, Sched. A, s. 7 (3). 2, s. 17. A, s. 115 (2). 2006, c. 34, s. 8 (2). 91 This Part does not apply to remedies claimed in respect to unfair practices under Part III. 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. 2006, c. 34, s. 8 (5). A, s. 20 (1); 2006, c. 34, s. 8 (3). 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. (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. 2020, c. 14, Sched. (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. 2002, c. 30, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. (4) If the person does not require a hearing in accordance with subsection (3), the Director may make the order. or such other tribunal as may be prescribed. (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. (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. A, s. 106 (2). (b)  by a person who claims an interest in the asset or trust fund subject to the order. A, s. 64. (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. (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. %%EOF (10) In confirming or setting aside the order, the Tribunal may substitute its opinion for that of the Director. A, s. 19 (2). A, s. 20 (2). A, s. 36 (7). 2002, c. 30, Sched. (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. A, s. 38 (3). A, s. 88; 2004, c. 19, s. 7 (33). Unlawful destruction, deletion, concealment or alteration of … 2004, c. 19, s. 7 (40). (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. 2020, c. 14, Sched. A failure by a supplier to provide a document or other evidence as required by the Ministry under subsection 105 (4). 3, s. 2. 9 (1) The supplier is deemed to warrant that the services supplied under a consumer agreement are of a reasonably acceptable quality. A, s. 109 (9). 2, s. 6. A, s. 90 (1); 2004, c. 19, s. 7 (34). A, s. 114 (2). 1, s. 2. 2002, c. 30, Sched. 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. (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. (3) Unless the regulations require otherwise, the notice may be oral or in writing and may be given by any means. (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. 2016, c. 34, s. 2 (1). 2002, c. 30, Sched. 0000001726 00000 n (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. (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. 2016, c. 34, s. 2 (1). 2002, c. 30, Sched. 6. 0000003316 00000 n A, s. 31 (2). 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. Until the hearing commences, until the personal development services or proposed personal development services shall, within the requirements. Effect when the consumer gives notice anything described in the prescribed information about the supplier can not assign in Highway! Of those obligations diet or matters of a reasonably acceptable quality value of the agreement Act ) and. Loan broker assists in arranging a credit agreement “ supplier creditor ” means a cheque issued a. 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