| Contents |
|---|
| Part 1 — Definitions and Application |
| | 1 | Definitions |
| | 2 | Application of this Act |
| | 3 | Waiver or release void except as permitted |
| Part 2 — Unfair Practices |
| | Division 1 — Deceptive Acts or Practices |
| | 4 | Deceptive acts or practices |
| | 5 | Prohibition and burden of proof |
| | 6 | Advertising |
| | Division 2 — Unconscionable Acts or Practices |
| | 7 | Application of this Division |
| | 8 | Unconscionable acts or practices |
| | 9 | Prohibition and burden of proof |
| | 10 | Remedy for an unconscionable act or practice |
| | Division 3 — Unsolicited Goods or Services |
| | 11 | Definition and interpretation |
| | 12 | Unsolicited goods or services |
| | 13 | Material change resulting in unsolicited goods or services |
| | 14 | Consumer's remedy if unsolicited goods or services |
| Part 3 — Rights of Assignees and Guarantors Respecting Consumer Credit |
| | 15 | Assignee's obligations |
| | 16 | Guarantor has same rights as consumer |
| Part 4 — Consumer Contracts |
| | Division 1 — Definitions and Application |
| | 17 | Definitions |
| | 18 | Application |
| | Division 2 — Direct Sales, Future Performance and Time Share Contracts |
| | 19 | Required contents |
| | 20 | Direct sales contracts |
| | 21 | Direct sales contracts — cancellation |
| | 22 | Credit agreement respecting direct sales contract |
| | 23 | Future performance contract |
| | 24 | Continuing services contract — terms |
| | 25 | Continuing services contract — cancellation |
| | 26 | Time share contract |
| | 27 | Refunds by supplier on cancellation |
| | 28 | Return of goods by consumer on cancellation |
| | Division 3 — Preneed Cemetery or Funeral Services, Funeral and Interment Right Contracts |
| | 29 | Definition |
| | 30 | Prohibition on solicitation |
| | 31 | Requirement for schedule of rates |
| | 32 | Requirement to give accurate information |
| | 33 | Prohibited charges respecting containers |
| | 34 | Funeral contract |
| | 35 | Preneed cemetery or funeral services contract — initial disclosure statement |
| | 36 | Preneed cemetery or funeral services contract |
| | 37 | Special provisions for right of interment |
| | 38 | Preneed cemetery or funeral services contracts — refunds on cancellation |
| | 39 | Preneed cemetery or funeral services contract — failure to provide services |
| | 40 | Money received under contract to be held in trust |
| | 41 | Funds exempt from seizure |
| | 42 | Restrictions on representations respecting right of interment |
| | 43 | Interment right contract |
| | 44 | Rights not held by interment right holder |
| | 45 | Refunds by supplier on cancellation |
| | Division 4 — Distance Sales Contracts |
| | 46 | Disclosure of information |
| | 47 | Distance sales contract in electronic form |
| | 48 | Copy of distance sales contract |
| | 49 | Cancellation of distance sales contract |
| | 50 | Refunds by supplier on cancellation |
| | 51 | Return of goods by consumer on cancellation |
| | 52 | Consumer's recourse regarding credit card charges |
| | Division 5 — General |
| | 53 | When goods and services supplied |
| | 54 | How to give notice of cancellation |
| | 55 | Recovery of refund |
| | 56 | Cancellation of preauthorized payments |
| Part 4.1 — Prepaid Purchase Cards |
| | 56.1 | Definition |
| | 56.2 | No expiry date |
| | 56.3 | Fees prohibited except as permitted by regulation |
| | 56.4 | Information to be provided |
| | 56.5 | Regulations respecting prepaid purchase cards |
| Part 5 — Disclosure of the Cost of Consumer Credit |
| | Division 1 — Definitions and Application |
| | 57 | Definitions |
| | 58 | Application of this Part |
| | Division 2 — Advertising |
| | 59 | Disclosure in advertisements |
| | 60 | Advertising requirements applicable to fixed credit |
| | 61 | Advertising requirements applicable to open credit |
| | 62 | Advertising interest-free periods |
| | 63 | Advertising requirements applicable to leases |
| | 64 | Advertising a representative transaction |
| | Division 3 — Disclosure Requirements Applicable to All Credit Agreements |
| | 65 | Definitions |
| | 66 | Disclosure statements must be given |
| | 67 | Form of disclosure statements and statements of account |
| | 68 | Giving of documents if multiple borrowers |
| | 69 | Estimates and assumptions |
| | 70 | Inconsistency between disclosure statement and credit agreement |
| | Division 4 — Rights and Obligations of Borrowers and Credit Grantors |
| | 71 | Borrowers may choose insurer |
| | 72 | Borrowers entitled to mortgage discharge |
| | 73 | Borrowers may cancel optional services |
| | 74 | Prepayment of credit |
| | 75 | Default charges |
| | 76 | Invitation to defer payment |
| | 77 | Acceleration clauses |
| | Division 5 — Credit Arranged by Loan Brokers |
| | 78 | Definition |
| | 79 | Non-business credit grantors |
| | 80 | Business credit grantors |
| | Division 6 — Disclosure Required in Relation to Fixed Credit |
| | 81 | Definition |
| | 82 | Application of this Division |
| | 83 | Credit sales |
| | 84 | Initial disclosure statements for fixed credit |
| | 85 | Disclosure regarding changes in interest rate |
| | 86 | Disclosure regarding increases in outstanding principal |
| | 87 | Disclosure regarding amendments |
| | 88 | Disclosure regarding renewals |
| | 89 | Disclosure regarding mortgage loan renewals |
| | Division 7 — Disclosure Required in Relation to Open Credit |
| | 90 | Application of this Division |
| | 91 | Initial disclosure statements for open credit |
| | 92 | Statements of account |
| | 93 | Description of transactions, charges, payments or credits |
| | Division 8 — Credit Cards |
| | 94 | Definitions |
| | 95 | Application of this Division |
| | 96 | Credit cards may be issued only on application |
| | 97 | Applications for credit cards |
| | 98 | Additional disclosure for credit cards |
| | 99 | Limitation of cardholder's liability |
| | Division 9 — Leases of Goods |
| | 100 | Definitions |
| | 101 | Disclosure required in relation to leases |
| | 102 | Maximum liability under residual obligation leases |
| | Division 10 — General |
| | 103 | Definitions |
| | 104 | Refund of overpayment |
| | 105 | Credit grantor must compensate borrower for contravention |
| Part 6 — Credit Reporting |
| | 106 | Definitions |
| | 107 | Consent for report |
| | 108 | To whom reports may be given |
| | 109 | Contents of reports |
| | 110 | Notice of denial of benefit or increase of cost of benefit |
| | 111 | Explanation |
| | 112 | False or misleading information |
| Part 6.1 — Payday Loans |
| | 112.01 | Definitions |
| | 112.02 | Limits on total cost of borrowing — payday loans |
| | 112.03 | Prohibitions respecting interest charges |
| | 112.04 | Fees, penalties and charges prohibited unless allowed by regulation |
| | 112.05 | Payday loan cancellation rights |
| | 112.06 | Payday loan agreements: required terms and disclosure statements |
| | 112.07 | Application of payments, entitlement to prepay loan and receipts for payments |
| | 112.08 | Other prohibited payday lender practices |
| | 112.09 | Payout of balances on cash cards |
| | 112.10 | Remedies |
| | 112.11 | Application of Part 6.1 to savings institutions |
| Part 6.2 — Government Cheque Cashing Fees |
| | 112.12 | Definitions |
| | 112.13 | Unauthorized cheque cashing fees prohibited |
| | 112.14 | Consequence of failure to comply |
| | 112.15 | Regulations |
| Part 6.3 — High-Cost Credit Products |
| | 112.16 | Definitions |
| | 112.17 | Limits on total cost of borrowing — high-cost credit products |
| | 112.18 | Certain fees, penalties and charges prohibited |
| | 112.19 | No deduction from principal |
| | 112.20 | High-cost credit product cancellation rights |
| | 112.21 | High-cost credit agreements: required terms |
| | 112.22 | Enticements prohibited |
| | 112.23 | Assignment of wages prohibited |
| | 112.24 | Payment must be payable to high-cost credit grantor |
| | 112.25 | Entitlement to prepay and receipts for payments |
| | 112.26 | Early payment collection prohibited |
| | 112.27 | Repeated attempts by high-cost credit grantor to access payment prohibited |
| | 112.28 | Use of bank account information restricted |
| | 112.29 | Use and disclosure of borrower information restricted |
| | 112.30 | Payout of balances on cash cards |
| | 112.31 | Remedies |
| | 112.32 | Exceptions |
| | 112.33 | Application |
| Part 7 — Debt Collection |
| | Division 1 — Prohibited Debt Collection Practices |
| | 113 | Definition |
| | 114 | Harassment |
| | 115 | Disclosure to debtor |
| | 116 | Communication with debtor |
| | 117 | Communication with persons other than debtor |
| | 118 | Time of communication |
| | 119 | Cost of communication |
| | 120 | Collection from person not liable for debt or in excess of amount of debt |
| | 121 | Legal proceedings |
| | 122 | Removal, seizure, repossession and distress |
| | 123 | False or misleading information and misrepresentations |
| | 124 | Additional prohibited practices |
| | Division 2 — Collection Agents and Debt Repayment Agents |
| | 125 | Definitions |
| | 126 | Accounting for and payment of money collected |
| | 127 | Debt repayment agent |
| | 128 | Collection agent and bailiff fees and disbursements |
| Part 8 — Compensation Funds and Consumer Advancement Fund |
| | Division 1 — Compensation Funds |
| | 129 | Definition |
| | 130 | Establishment and continuation of compensation funds |
| | 131 | Payments to compensation fund |
| | 132 | Claims against compensation fund |
| | 133 | Payments from compensation fund |
| | 134 | Assignment of rights |
| | 135 | Claimant must repay compensation fund for money received from another source |
| | 136 | Contributor must repay compensation fund for claims caused by contributor |
| | 137 | Powers and duties of director |
| | 138 | If administrative authority is director |
| | Division 2 — Consumer Advancement Fund |
| | 139 | Establishment of Consumer Advancement Fund |
| | 140 | Payments from Consumer Advancement Fund |
| | 141 | If administrative authority is director |
| | Division 3 — Consumer Financial Education Fund |
| | 141.1 | Establishment of Consumer Financial Education Fund |
| | 141.2 | If authority is director |
| | 141.3 | Transfer of Consumer Financial Education Fund to government |
| | 141.4 | Transfer of Consumer Financial Education Fund to authority |
| | 141.5 | Payments from Consumer Financial Education Fund |
| Part 9 — Licences |
| | 142 | Definition |
| | 142.1 | Designated activities |
| | 143 | Licence required |
| | 144 | Application for licence |
| | 145 | Licences |
| | 146 | Actions by director respecting licence |
| | 147 | Opportunity to be heard and reconsideration |
| | 148 | Trust account required by licensee |
| Part 10 — Inspections and Enforcement |
| | Division 1 — Inspections |
| | 149 | Inspections |
| | 150 | Inspection powers |
| | 151 | Inspection powers — additional powers of director |
| | 152 | Inspection under warrant |
| | 153 | Records or things retained |
| | Division 2 — Undertakings, Compliance Orders and Direct Sales Prohibition Orders |
| | 154 | Undertakings |
| | 155 | Compliance orders |
| | 156 | Direct sales prohibition orders |
| | 157 | Filing undertakings or orders in Supreme Court |
| | Division 3 — Appointment of Receivers and Property Freezing Orders |
| | 158 | Receivers and trustees |
| | 159 | Order to freeze property |
| | 160 | Payment into court |
| | 161 | Notice filed in land title office |
| | 162 | Application to court respecting property freezing order or filed notice |
| | 163 | Application to court for disposition of property frozen |
| | Division 4 — Administrative Penalties |
| | 164 | Administrative penalties |
| | 165 | Amount of penalty |
| | 166 | Notice of penalty |
| | 167 | Due date of penalty |
| | 168 | Enforcement of administrative penalty |
| | 169 | Revenue from administrative penalties |
| | 170 | Limitation period |
| | Division 5 — Court Proceedings |
| | 171 | Damages recoverable |
| | 172 | Court actions respecting consumer transactions |
| | 173 | Notice to director |
| Part 11 — Administration |
| | 174 | Definition |
| | 175 | Director |
| | 176 | Inspector |
| | 177 | Administrative agreement with administrative authority required |
| | 178 | Designation does not make administrative authority an agent of the government |
| | 179 | Power of administrative authority to set fees |
| Part 12 — General |
| | Division 1 — Reconsiderations |
| | 180 | Definition |
| | 181 | Reconsideration by director |
| | 182 | Powers of director on reconsideration |
| | Division 2 — How to Give or Serve Documents |
| | 183 | How to give or serve documents generally |
| | 184 | When documents are considered to have been received |
| | Division 3 — Disclosure of Information and Evidence in Proceedings |
| | 185 | Confidentiality |
| | 186 | Publication by director |
| | 187 | Admissibility of parole evidence |
| | 188 | Certificate as proof of ministerial consent or appointment |
| Part 13 — Offences and Penalties |
| | 189 | Offences |
| | 190 | Penalty |
| | 191 | Additional penalty — Consumer Advancement Fund |
| | 192 | Compensation to consumer |
| | 193 | Limitation period |
| Part 14 — Regulations |
| | 194 | General power to make regulations |
| | 195 | Preneed cemetery or funeral services, funeral and interment right contracts |
| | 196 | Disclosure of the cost of consumer credit |
| | 197 | Credit reporting |
| | 197.1 | Payday loans |
| | 197.2 | High-cost credit products |
| | 198 | Compensation funds |
| | 199 | Licences |
| | 200 | Administrative penalties |
| | 201 | Authority in relation to regulations |
| Part 15 — Transitional Provisions, Repeals and Consequential Amendments |
| | 202 | Definitions |
| | 203 | Transitional — contracts |
| | 203.01 | Transitional — prepaid purchase cards |
| | 203.1 | Repealed |
| | 204 | Transitional — exemption from section 40 for Gardens of Gethsemani |
| | 205 | Transitional — trust accounts |
| | 206 | Transitional — claims under the Travel Assurance Fund |
| | 207 | Transitional for Part 5 — disclosure of the cost of consumer credit |
| | 208 | Transitional — licences issued under the former Acts |
| | 208.1 | Transitional — debt pooler licence |
| | 209 | Transitional — enforcement |
| | 210 | Transitional — persons acting under former Acts |
| | 211 | Transitional — regulations |
| | 212 | Repeals |
| | 213-237 | Consequential Amendments |
| | 238 | Commencement |