Definition

1   In this regulation, "Act" means the Business Practices and Consumer Protection Act.

Spouses

2   Persons who live together in a marriage-like relationship are spouses for the purposes of the Act.

[en. B.C. Reg. 352/2012.]

Prescribed provisions of the Act — contraventions relating to disclosure

3   (1) For the purposes of section 164 (1) (a) and (5) (a) [administrative penalties] of the Act, the following provisions of the Act are prescribed:

(a) section 19 [required contents of direct sales contract, future performance contract and time share contract];

(b) section 20 (2) [supplier to give copy of direct sales contract];

(c) section 23 (2) [required contents of future performance contract];

(d) section 23 (3) [supplier to give copy of future performance contract];

(e) section 24 (1) [required contents of continuing services contract];

(f) section 26 (1) [supplier to give copy of time share contract];

(g) section 34 (1) [required contents of funeral contract];

(h) section 34 (2) [supplier to give copy of funeral contract];

(i) section 34 (3) [supplier to inform consumer of substitution regarding funeral contract];

(j) section 36 (1) [required contents of preneed cemetery or funeral services contract];

(k) section 36 (2) [supplier to give copy of preneed cemetery or funeral services contract];

(l) section 37 [special provisions for right of interment];

(m) section 43 (1) [required contents of interment right contract];

(n) section 43 (2) [supplier to give copy of interment right contract];

(o) section 46 (2) [disclosure of information];

(p) section 47 (2) [disclosure of information for distance sales contract in electronic form];

(q) section 48 (1) [supplier to give copy of distance sales contract];

(r) section 48 (2) [required contents of distance sales contract];

(s) section 62 (2) [disclosure of interest-free or grace period in advertisements];

(t) section 62 (3) [disclosure respecting grace period in advertisements];

(u) section 76 (1) [invitation to defer payment];

(v) section 89 (1) [disclosure regarding mortgage loan renewals];

(w) section 89 (2) (a) [disclosure statement — mortgage loan renewals];

(x) section 89 (4) [revised disclosure statement — mortgage loan renewals].

(2) A supplier is prescribed as subject to the imposition of an administrative penalty for a contravention of a provision referred to in subsection (1) (a), (c), (e), (g), (i), (j), (l), (m) and (r).

(3) A credit grantor is prescribed as subject to the imposition of an administrative penalty for a contravention of the provision referred to in subsection (1) (s).

Prescribed provisions of the Act — miscellaneous

4   For the purposes of section 164 (1) (a) and (5) (a) [administrative penalties] of the Act, the following provisions of the Act are prescribed:

(a) section 36 (7) [assigning preneed cemetery or funeral services contract];

(b) section 43 (5) [error in interment right contract];

(c) section 43 (6) [charging fee in respect of correcting error in interment right contract];

(d) section 52 (4) [cancel or reverse credit card charge];

(e) section 110 (2) [notice of denial of benefit or increase of cost of benefit];

(f) section 146 (4) [give cancelled licence to director].

Prescribed provisions of the Act — refunds

5   For the purposes of section 164 (1) (a) and (5) (a) [administrative penalties] of the Act, the following provisions of the Act are prescribed:

(a) section 14 (3) [failure to provide refund];

(b) section 21 (4) [direct sales contract — return of trade-in];

(c) section 25 (6) [continuing services contract — refunds and returns on cancellation];

(d) section 27 [failure to provide refund];

(e) section 38 (2) [preneed cemetery or funeral services contracts — refunds on cancellation];

(f) section 38 (4) [preneed cemetery or funeral services contracts — refunds on cancellation];

(g) section 39 (3) [preneed cemetery or funeral services contracts — failure to provide services];

(h) section 45 [failure to provide refund];

(i) section 50 [failure to provide refund];

(j) section 89 (2) (c) [refund of non-interest finance charge — mortgage loan renewals].

Prescribed provisions of the Act — payday loans

5.1   For the purposes of section 164 (1) (a) and (5) (a) [administrative penalties] of the Act, the following provisions of the Act are prescribed:

(a) section 112.05 (6) [cancellation rights];

(b) section 112.06 (1) [required terms and disclosure statements];

(c) section 112.06 (3) [required terms and disclosure statements];

(d) section 112.06 (4) [required terms and disclosure statements];

(e) section 112.09 (2) [payout of balances on cash cards];

(f) section 112.09 (3) [payout of balances on cash cards];

(g) section 112.10 (7) [remedies].

[en. B.C. Reg. 57/2009, Sch. 1.]

Prescribed provisions of the Act — high-cost credit products

5.2   For the purposes of section 164 (1) (a) and (5) (a) [administrative penalties] of the Act, the following provisions of the Act are prescribed:

(a) section 112.20 (6) [receipt on cancellation for amount repaid or returned];

(b) section 112.25 (2) [receipt for prepayment];

(c) section 112.30 (2) [payout of balances on cash cards];

(d) section 112.30 (3) [receipt for returned cash card];

(e) section 112.31 (5) [failure to provide refund].

[en. B.C. Reg. 289/2021, Sch. 2, s. 1.]

Prescribed provisions of the Act — offences

6   For the purposes of section 164 (1) (a) and (5) (a) [administrative penalties] of the Act, the following provisions of the Act are prescribed:

(a) provisions referred to in section 189 (2), (3) and (4) [offences];

(b) section 189 (5) except paragraph (c) (v).

Prescribed provisions of the Debt Collection Industry Regulation

7   For the purposes of section 164 (1) (a) and (5) (a) [administrative penalties] of the Act, the following provisions of the Debt Collection Industry Regulation are prescribed:

(a) section 8 (1) [licence for each location];

(b) section 9 (1) [trust accounts];

(c) section 9 (2) [trust accounts — disbursements];

(d) section 10 (1) [annual financial statement];

(e) section 11 (2) [report to director];

(f) section 11 (4) [other conditions on licence];

(g) section 11 (5) [moving property without authority];

(h) section 12 (1) (b) [providing security].

Prescribed provisions of the Telemarketer Licensing Regulation

7.1   For the purposes of section 164 (1) (a) and (5) (a) [administrative penalties] of the Act, the following provisions of the Telemarketer Licensing Regulation are prescribed:

(a) section 4 (1) [licence for each location];

(b) section 4 (2) [notification of change of address];

(c) section 5 [display of licence];

(d) section 6 (2) [reporting to director];

(e) section 7 (1) [records — distance sales contract];

(f) section 7 (2) [records — contribution of money or other property];

(g) section 7 (3) [records — retention];

(h) section 8 (2) [when communication prohibited];

(i) section 8 (3) [communication within 30 day period];

(j) section 8 (4) [display of number];

(k) section 8 (5) [disclosure to consumer].

[en. B.C. Reg. 83/2005, Sch. 2.]

Prescribed provisions for the Home Inspector Licensing Regulation

7.2   For the purposes of section 164 (1) (a) and (5) (a) of the Act, the following provisions of the Home Inspector Licensing Regulation are prescribed:

(a) section 6 [display or production of licence];

(b) section 7 [reporting changes to director];

(c) section 8 [records];

(d) section 9 [prohibitions].

[en. B.C. Reg. 12/2009, Sch. 1.]

Prescribed provisions of the Payday Loans Regulation

7.3   For the purposes of section 164 (1) (a) and (5) (a) [administrative penalties] of the Act, the following provisions of the Payday Loans Regulation are prescribed:

(a) section 5 [licence for each location];

(b) section 7 [display of licence];

(c) section 8 [business name on licence];

(d) section 10 [reporting changes to the director];

(e) section 11 [retention of documents];

(f) section 13 [signs and notices];

(g) section 16 [cash cards].

[en. B.C. Reg. 57/2009, Sch. 1.]

Prescribed provisions of the High-Cost Credit Products Regulation

7.4   For the purposes of section 164 (1) (a) and (5) (a) [administrative penalties] of the Act, the following provisions of the High-Cost Credit Products Regulation are prescribed:

(a) section 11 [high-cost credit grantor licence for each location];

(b) section 13 [display of high-cost credit grantor licence];

(c) section 14 [business name];

(d) section 16 [reporting changes to the director];

(e) section 17 [retention of documents];

(f) section 24 [cancellation of optional product].

[en. B.C. Reg. 289/2021, Sch. 2, s. 1.]

Prescribed provisions of the Travel Industry Regulation

8   For the purposes of section 164 (1) (a) and (5) (a) [administrative penalties] of the Act, the following provisions of the Travel Industry Regulation are prescribed:

(a) section 5 [licence for each location];

(b) section 8 [display of licence];

(c) section 9 (1) [prohibited and regulated acts or practices];

(d) section 9 (2) [prohibited and regulated acts or practices — use of personal credit card];

(d.1) section 9 (3) [prohibited and regulated acts or practices — visual advertisements];

(e) section 10 (1) [reporting to director];

(f) section 10 (2) [reporting to director — ceasing to engage in business];

(g) Repealed. [B.C. Reg. 369/2008, Sch. 1 (b).]

(h) section 11 (1) [records in British Columbia];

(i) section 11 (2) [records available to director];

(j) section 12 (1) [annual financial statement];

(k) section 12 (2) [information required in financial statement];

(k.1) section 12.1 [receipts — licensees];

(l) section 13 (1) [establish trust account];

(m) section 13 (2) [designation of trust account];

(n) section 13 (3) [deposit into trust account];

(o) Repealed. [B.C. Reg. 369/2008, Sch. 1 (b).]

(p) section 13 (5) [authorized disbursements];

(q) section 13 (6) [records respecting trust account];

(r) section 17 (3) [payments to fund].

[am. B.C. Reg. 369/2008, Sch. 1.]

Continuing contraventions

9   The director may impose administrative penalties on a daily basis for continuing contraventions.

Due diligence

10   A notice imposing an administrative penalty for the following contraventions must be cancelled in respect of those contraventions if the person on whom the notice was served demonstrates to the satisfaction of the director that the person exercised due diligence to prevent the contravention:

(a) a contravention of provisions referred to in section 189 (2), (3) and (4) of the Act;

(b) a contravention of section 189 (5) of the Act;

(c) a contravention of section 164 (1) (b) to (f) of the Act.

Failure to pay an administrative penalty

11   If a person fails to pay an administrative penalty as required under section 167 [due date of penalty] of the Act, the director, before filing the notice of penalty with a court in accordance with section 168 (2) [enforcement of administrative penalty] of the Act, must impose an additional administrative penalty equal to 10% of the unpaid administrative penalty.

Exemption — credit reporting

12   (1) In this section, "collection agent" has the same meaning as in section 125 of the Act.

(2) A collection agent who, while collecting or attempting to collect a debt for a creditor, reports credit information of the debtor to the creditor is exempt in respect of that report from the application of Part 6 [Credit Reporting] of the Act and any regulations relating to that Part.

[en. B.C. Reg. 519/2004.]

Credit reporting exemptions when debt due to government

13   (1) Section 107 (1) [consent for report] of the Act does not apply in respect of a debt due to the government.

(2) On requesting a report to be provided under section 108 (1) (a) (i) of the Act, the government must promptly notify the individual who is the subject of the report that a request for credit information has been made.

[en. B.C. Reg. 248/2005.]

Prescribed additional sources of revenue

14   For the purposes of section 139 (2) (c) [establishment of Consumer Advancement Fund] of the Act, the following additional sources of revenue are prescribed:

(a) a payment that is directed to be made into the Consumer Advancement Fund in accordance with an undertaking under the following:

(i) section 154 [undertakings] of the Act;

(ii) section 56 (2) (b) [application of Divisions 1 to 3 of Part 10 — inspections and enforcement] of the Cremation, Interment and Funeral Services Act;

(iii) section 14 (2) (e) [inspections and enforcement — undertakings] of the Ticket Sales Act;

(b) a payment that is directed to be made into the Consumer Advancement Fund in accordance with a compliance order under the following:

(i) section 155 [compliance orders] of the Act;

(ii) section 56 (2) (c) of the Cremation, Interment and Funeral Services Act;

(iii) section 14 (2) (f) [inspections and enforcement — compliance orders] of the Ticket Sales Act.

[en. B.C. Reg. 150/2020; am. B.C. Reg. 127/2021, s. 1.]

Prescribed purposes for expending Consumer Advancement Fund

15   For the purposes of section 140 (e) [payments from Consumer Advancement Fund] of the Act, the following purposes are prescribed:

(a) for the purpose of research related to consumer protection;

(b) for the purpose of paying grants to organizations for the delivery of services related to consumer protection;

(c) to pay the costs associated with planning or implementing programs related to consumer protection;

(d) to pay the costs associated with inspections or hearings that

(i) relate to a business, industry, trade, profession, occupation or employment that is not a designated activity as defined in section 142 [definition] of the Act, and

(ii) do not result in an undertaking, compliance order or administrative penalty;

(e) for the purpose of educating consumers and suppliers about any matters relating to the Cremation, Interment and Funeral Services Act;

(f) for the purpose of increasing compliance with the Cremation, Interment and Funeral Services Act;

(g) to pay the costs associated with imposing an administrative penalty under the Cremation, Interment and Funeral Services Act;

(h) for the purpose of research related to consumer protection under the Ticket Sales Act;

(i) for the purpose of paying grants to organizations for the delivery of services related to consumer protection under the Ticket Sales Act;

(j) to pay the costs associated with planning or implementing programs related to consumer protection under the Ticket Sales Act;

(k) to pay the costs associated with inspections or hearings that do not result in an undertaking, compliance order or administrative penalty under the Ticket Sales Act.

[en. B.C. Reg. 150/2020; am. B.C. Reg. 127/2021, s. 2.]

Prescribed purpose for expending Consumer Financial Education Fund

16   For the purposes of section 141.5 (d) [payments from Consumer Financial Education Fund] of the Act, the purpose of paying grants to organizations for the provision of financial education to consumers respecting high-cost financial services, including payday loans, high-cost credit products and cheque cashing services, is prescribed.

[en. B.C. Reg. 289/2021, Sch. 2, s. 2.]

Director's report

17   Each year the director must publish a report in respect of the Consumer Financial Education Fund for the previous calendar year or other period determined by the director that includes the following information:

(a) the total amount paid to the fund in the period by applicants for a licence under the High-Cost Credit Products Regulation or the Payday Loans Regulation;

(b) the total amount of any interest or other income of the fund in the period;

(c) the total amount paid from the fund in the period

(i) for the purpose of providing financial education to consumers respecting high-cost financial services, including payday loans, high-cost credit products and cheque cashing services,

(ii) to pay grants to organizations for the provision of financial education to consumers respecting high-cost financial services, including payday loans, cheque cashing services and high-cost credit products,

(iii) for the purpose of increasing compliance with Parts 6.1 [Payday Loans], 6.2 [Government Cheque Cashing Fees] and 6.3 [High-Cost Credit Products] of the Act, and

(iv) to pay the costs of administering the fund.

[en. B.C. Reg. 289/2021, Sch. 2, s. 2.]