R.S.M. 1987, c. C200
The Consumer Protection Act
Table of Contents
1 | Definitions. | |
(2) | Non-application of exception. | |
2 | Rules to determine price and cost of borrowing. | |
(2) | Disclosure of cash price of goods or services. | |
3 | Application of Act. | |
PART I DISCLOSURE OF COST OF BORROWING | ||
4 | Application of section. | |
(2) | Contents of agreement. | |
(3) | Variable rate agreement. | |
(4) | Written notice. | |
(5) | Consequence of failure to disclose. | |
5 | Application to hire-purchase. | |
(2) | Contents of agreement. | |
(3) | Variable rate agreement. | |
(4) | Written notice. | |
(5) | Consequence of failure to disclose. | |
6 | Buyer to have copy of agreement. | |
(2) | Acknowledgment of receiving agreement. | |
(3) | Right to accounting. | |
(4) | Director may order accounting. | |
7 | Dates of payments. | |
8 | Delivery of goods, etc. | |
(2) | Late delivery. | |
(3) | Rights preserved. | |
9 | Where sec. 8 not to apply. | |
10 | Date for calculation of cost of borrowing. | |
11 | Payments before delivery or service. | |
12 | Application of section. | |
(2) | Contents of master agreement. | |
(3) | Table of charges. | |
(4) | Separate document for charges. | |
(5) | Delivery of master agreement. | |
(6) | Several master agreements. | |
(7) | Agreement to govern credit. | |
(8) | Copies of master agreement. | |
(9) | Variations in master agreement. | |
(10) | Statement of disclosure. | |
(11) | Decreasing payments or rates. | |
(12) | Liability of borrower under master agreement. | |
(13) | New master agreement. | |
(14) | Where rate of charges not stated. | |
(15) | Agreements before Act. | |
(16) | Delivery of goods or services on variable credit. | |
(17) | Late delivery. | |
(18) | Rights preserved. | |
13 | Application of section. | |
(2) | Contents of agreement. | |
(3) | Variable rate agreement. | |
(4) | Written notice. | |
(5) | Consequence of failure to disclose. | |
(6) | Separate document permitted. | |
(7) | Definition. | |
(8) | Particulars in chattel mortgage. | |
14 | Refinancing existing indebtedness. | |
(2) | Refinancing combined with new loan. | |
(3) | Refinancing combined with further purchase. | |
(4) | Application of payments. | |
(5) | Refinancing not to be combined with hire-purchase. | |
(6) | Additional insurance charges. | |
15 | Dates for periodic payments. | |
16 | Loans advanced over period. | |
17 | Advancing loan. | |
18 | Rebate where loan not advanced. | |
19 | Delivery of copy of agreement. | |
(2) | Right to accounting. | |
(3) | Director may order accounting. | |
20 | Payments on borrower's account as cost of borrowing. | |
21 | Compliance with requirements for agreements. | |
22 | Proof of insurance. | |
(2) | Liability for insurance premium. | |
23 | Incorrect statements in agreements. | |
(2) | Inadvertent mistakes in cost of borrowing. | |
(3) | Inadvertent mistakes in other statements. | |
(4) | Investigation of inadvertent mistakes. | |
(5) | Appearance by director. | |
24 | Understatement of cost of borrowing rate on variable credit | |
(2) | Where no master agreement on variable credit. | |
(3) | Cost of borrowing on variable credit restricted. | |
(4) | Recovery of excess interest paid. | |
25 | Loans not in writing or at wrong rate. | |
(2) | Refinancing not properly stated. | |
(3) | Recovery of excess costs of borrowing. | |
26 | Definition of "advertisement". | |
(2) | Certain restrictions on advertising. | |
(3) | Print size to be easily readable. | |
(4) | Certain alternative arrangements prohibited. | |
27 | Offence in advertising. | |
(2) | Exception. | |
(3) | Onus of proof. | |
PART II PREPAYMENT PRIVILEGES | ||
28 | Application of section. | |
(2) | Prepayment and rebate. | |
(3) | Credit grantor's allowance. | |
(4) | Deducting rebate from payment. | |
(5) | Statement of prepayment. | |
29 | Prepayment of variable credit. | |
30 | Surrender of security. | |
PART III RELIEF AGAINST ACCELERATION AND FORFEITURE | ||
31 | Application of Part. | |
(2) | Definition. | |
32 | Default charges. | |
(2) | Restrictions on default charges. | |
(3) | Penalty. | |
33 | Acceleration on default | |
(2) | Restrictions on acceleration. | |
(3) | Default after extension. | |
(4) | Meaning of "payments in default". | |
(5) | Acceleration provisions continue in effect. | |
34 | Other penalties void. | |
35 | Damages for breach of obligation. | |
(2) | Penalty for breach. | |
36 | Relief against acceleration, seizure and forfeiture. | |
37 | Absolute discretion of creditor. | |
(2) | Powers to preserve security. | |
(3) | Relief against powers. | |
38 | Granting relief. | |
39 | Staying of seizure or action. | |
(2) | Return of seized goods where default remedied. | |
PART IV TIME SALES | ||
40 | Content of time sale agreement. | |
(2) | Delivery of copy to buyer. | |
41 | Compliance with other requirements. | |
42 | Time sale under master agreement. | |
43 | Serial numbers or distinguishing marks. | |
44 | Non-compliance with secs. 40, 42 or 43. | |
(2) | Partial effect of seller's lien. | |
(3) | Correction of description by consent. | |
(4) | Correction of description by court. | |
(5) | Seller not prejudiced by variations. | |
45 | Chattel mortgage for purchase price. | |
(2) | Prohibition. | |
46 | Waiting period after seizure. | |
(2) | Notice of seizure. | |
(3) | Resale with consent of buyer. | |
(4) | Notice if more than one buyer. | |
47 | Rights of buyer on seizure. | |
(2) | Notice of seizure. | |
(3) | Right to redeem. | |
(4) | Court may relieve. | |
(5) | Costs. | |
48 | Reckoning time for notice. | |
49 | Leave required for seizure. | |
(2) | Notice of application for leave. | |
(3) | Setting aside ex parte order. | |
(4) | Considerations by court. | |
(5) | Secs. 46 and 47 not to apply. | |
50 | Delivery of notice, etc. | |
(2) | Where notice late. | |
(3) | Extension of time for redemption. | |
51 | Protection removed. | |
(2) | Order made when buyer absent. | |
(3) | Substitutional service. | |
52 | Right of buyer to move or charge goods. | |
(2) | Restriction on moving and charging goods. | |
(3) | Order to protect seller's interest. | |
53 | No right to sue after seizure. | |
(2) | Restoration of seller's rights. | |
(3) | Judgment extinguishes lien on goods. | |
(4) | Exemption from subsec. (3). | |
(5) | Execution of collateral under judgment. | |
(6) | Judgment for part of balance. | |
(7) | Exemption from subsecs. (1), (5) and (6). | |
(8) | Where collateral damaged. | |
54 | Removal or replacement of collateral. | |
55 | Resale of seized collateral. | |
(2) | Price for resale of collateral. | |
(3) | Payment of excess to buyer. | |
(4) | Cost of repair. | |
(5) | Charge of overhead. | |
(6) | Retention in lieu of resale. | |
(7) | Disposal of goods. | |
56 | Additional collateral on time sale prohibited. | |
(2) | Rights in excess collateral under variable credit | |
(3) | Demand payments. | |
PART V CHATTEL MORTGAGES | ||
57 | Leave to repossess. | |
(2) | Notice of application for leave. | |
(3) | Setting aside order for leave to seize. | |
(4) | Considerations of court. | |
(5) | Conditions of leave to seize. | |
(6) | Extension of time to pay. | |
(7) | Delivery of notice, etc. | |
(8) | Extension of time to set aside order. | |
(9) | Additional rights of mortgagor. | |
(10) | Conflict with sec. 49. | |
(11) | Mortgagee not prejudiced by variations. | |
(12) | Repossession prohibited in certain cases. | |
(13) | Investigation of inadvertent mistake. | |
(14) | Appearance by director. | |
(15) | Notice by mortgagee in case of repossession. | |
(16) | Sale of repossessed goods. | |
(17) | Dispute as to realized value. | |
(18) | Exception. | |
PART VI STATUTORY WARRANTIES ON RETAIL SALES | ||
58 | Warranties on sale. | |
(2) | Statement of conditions. | |
(3) | Statements relating to goods on time sales. | |
(4) | Statements relating to goods in cash sales. | |
(5) | Merchantable quality. | |
(6) | Condition as to services. | |
(7) | Effect on other conditions. | |
(8) | Express warranty. | |
(9) | Seller to provide record. | |
(10) | Mediation of warranty disputes. | |
PART VII DIRECT SELLERS | ||
59 | Application of Part. | |
(2) | Certain types of sales subject to Part. | |
(3) | Place of conclusion of sale. | |
(4) | Address for service. | |
60 | Where Part not to apply. | |
(2) | Certain selling practices prohibited. | |
(3) | Prohibition against premiums, etc. | |
61 | Cancellation within four days. | |
62 | Statement required in agreement. | |
(2) | Terms of agreement in addition to other rights. | |
(3) | Cancellation where statement omitted. | |
(4) | Rectifying omission of statement. | |
(5) | Notice as part of agreement. | |
(6) | Refusal of notice. | |
(7) | Delivery of agreement. | |
(8) | Reckoning of time. | |
63 | Cancellation for other reasons. | |
(2) | Relief against cancellation. | |
64 | Effect of cancellation. | |
(2) | Negotiation of new agreement. | |
65 | Rights of cancellation. | |
(2) | Where goods not intact. | |
(3) | Buyer's lien on cancellation. | |
PART VIII ASSIGNEES AND GUARANTORS | ||
66 | Assignment of rights of borrower. | |
(2) | Reservation of rights. | |
(3) | Assignees included in "borrower" and "buyer". | |
(4) | Rights of guarantors, etc. | |
(5) | Assignee's obligations fixed by court. | |
67 | Rights and obligations of assignee. | |
(2) | Credit grantor to comply with certain provisions of the Act | |
(3) | Rights of borrowers against assignee. | |
(4) | Restrictions apply to assignees. | |
(5) | Effect of cancellation. | |
(6) | Recovery under promissory note. | |
(7) | Set-off for breach of condition, etc. | |
(8) | Documents to follow assignment. | |
68 | Assignee of chattel mortgage. | |
(2) | Onus of assignee. | |
69 | Where seller not mortgagee. | |
(2) | Disclosure to assignee. | |
(3) | Disclosure required. | |
(4) | Relief of assignee. | |
(5) | Onus of assignee. | |
(6) | Exception. | |
PART IX CONSUMERS' BUREAU | ||
70 | Bureau continued. | |
71 | Administration of bureau. | |
72 | Duties of director. | |
73 | Investigation of complaints. | |
(2) | Access to documents. | |
(3) | Retention of records. | |
(4) | Information confidential. | |
(5) | Exception. | |
(6) | Authority for access. | |
(7) | Where order may be issued. | |
74 | Inquiry by director. | |
(2) | Restraining order. | |
(3) | Service of order on person. | |
(4) | Service of order. | |
PART X LICENSING | ||
75 | Licensing of vendors. | |
(2) | Licensing of direct sellers. | |
(3) | Use of unlicensed direct seller. | |
(4) | Licence in one name only. | |
(5) | Alternative to direct seller licensing. | |
76 | Licensing of collection agencies. | |
(2) | Employees of collection agencies. | |
77 | Granting and renewal of licences. | |
(2) | Annual licences. | |
78 | Refusal to grant licence. | |
(2) | Direct sellers* licences. | |
(3) | Conditions of licences. | |
(4) | Special condition re officers of licensee. | |
(5) | Partnerships licensed. | |
(6) | Alteration of partnership. | |
(7) | Change of address. | |
(8) | Service at address of licensee. | |
79 | Refusal to renew licence. | |
(2) | Refusal on ground of circumstances. | |
80 | Reasons for refusal of licence. | |
(2) | Reasons for imposing conditions and restrictions. | |
81 | Licence not assignable. | |
(2) | Authority of vendor's licence. | |
(3) | Authority of direct seller's licence. | |
(4) | Class of business transactions. | |
(5) | Vendors to be principal of direct sellers. | |
(6) | Principal to be named in licence. | |
(7) | Direct seller acting for vendor. | |
(8) | Cancellation of direct seller's licence. | |
82 | Licence required. | |
83 | Warning of cancellation. | |
(2) | Exception. | |
84 | Notice of cancellation. | |
(2) | Contents of notice of cancellation. | |
(3) | Cancellation of licence. | |
(4) | Effect of cancellation of vendor's licence. | |
85 | Appeal from decision of director. | |
(2) | Director to comply with court order. | |
86 | Application to court re warning. | |
(2) | Stay of further notices. | |
87 | Appeal of cancellation. | |
(2) | Time for filing appeal. | |
(3) | Where appeal allowed. | |
(4) | Dismissal of appeal. | |
88 | Determination of fact by court. | |
(2) | Director as respondent | |
(3) | Court may substitute its opinion. | |
89 | Bond for collection agent. | |
(2) | Smaller bond. | |
(3) | Change in officers of collection agent. | |
(4) | Cancellation of bond. | |
(5) | Suspension of licence. | |
(6) | Where bond cancelled. | |
90 | Bond for vendors. | |
(2) | Reasons for amount of bond. | |
(3) | Rights of government under bond. | |
(4) | Forfeiture of bond. | |
(5) | Sale of collateral to bond. | |
(6) | Payment of moneys recovered under bond. | |
(7) | Disposition of unexpended moneys. | |
91 | Appeal of decision of director. | |
(2) | Form of appeal. | |
PART XI GENERAL PROVISIONS | ||
92 | Actions against employees in bureau. | |
93 | Advertising licence prohibited. | |
94 | Penalties. | |
(2) | Further action by court. | |
(3) | Filing of order in court. | |
95 | Limitation period for complaint. | |
96 | Agreements waiving benefits. | |
97 | Regulations. | |
PART XII COLLECTION PRACTICES | ||
98 | Prohibitions. | |
99 | Further meaning of debtor. | |
100 | Leave to seize. | |
(2) | Application of sections 46 and 47 to seizure. | |
101 | Penalty for wrongful collection. | |
(2) | Action on wrongful possession. | |
102 | Restriction on use of name. | |
(2) | Use of unlicensed collection agents. | |
(3) | Use of collection agent by another collection agent. | |
103 | Limitations on benefits from business. | |
(2) | Collection of double fees prohibited. | |
104 | Use of forms. | |
105 | Employees. | |
106 | Registration of certain persons with the bureau. | |
107 | Proper records. | |
108 | Trust account | |
(2) | Withdrawals from trust account. | |
109 | Appointment of auditors. | |
(2) | Submission of audited statements. | |
110 | Accounting to client for collections. | |
(2) | Accounting for seized goods or chattels. | |
(3) | Liability for care of seized goods or chattels. | |
(4) | Disclosure of actions. | |
(5) | Surrender of documents. | |
(6) | Application of subsection (5). | |
111 | Failure to locate creditor. | |
(2) | Disposal of moneys. | |
(3) | Application of the Part. | |
112 | Verification of information. | |
PART XIII CREDIT CARDS | ||
113 | Definitions. | |
114 | Limitation on issuance of credit card. | |
(2) | Onus of proof. | |
115 | Non-application of section 114. | |
(2) | Refusal of a credit card. | |
116 | Liability where credit card lost. | |
(2) | Liability of credit card holder. | |
(3) | Liability of card holder where card surrendered. | |
(4) | Duties of agent upon surrender of credit card. | |
117 | Onus of proof in disputes. | |
PART XIV DEPOSITS | ||
118 | Deposits more than $50. to be held in trust. | |
(2) | Use of deposit. | |
119 | Liability where deposit not held in trust. | |
120 | Commencement. |