A, s. 123 (7); 2004, c. 19, s. 7 (49). A, s. 54 (2). 1999, c. 12, Sched. (4) No tow and storage provider shall retain anything that a consumer is entitled to remove under subsection (1) as a means of pressuring the consumer to make a payment under an agreement for tow and storage services. A, s. 111 (5). (b) charge an initiation fee that is greater than twice the annual membership fee. (4) Except as provided in this section, the recipient of unsolicited goods or of a credit card that has not been requested or accepted in accordance with subsection (2) has no legal obligation in respect of their use or disposal. 2014, c. 9, Sched. 1999, c. 12, Sched. A, s. 110 (5). (2) A statement purporting to be certified by an official acting under legislation that protects consumers in another jurisdiction, as prescribed, shall have the same force and effect as a certificate of the Director issued under subsection (1). 2002, c. 30, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. (4) A notice of cancellation may be delivered personally or sent by registered mail addressed to the person to whom delivery is required to be made at the address shown in the contract, and delivery by registered mail shall be deemed to have been made at the time of mailing. 75 A lender is not entitled to impose on a borrower under a credit agreement default charges other than. 2004, c. 19, s. 7 (21). 2002, c. 30, Sched. (2) A seller who enters into a direct sales contract with a buyer shall deliver to the buyer a written copy of the contract that contains the information required by the regulations. (4) Any provision or part of a provision of a consumer agreement that contravenes this section or that fails to comply with the regulations with respect to rewards points is not enforceable, but such unenforceability shall not invalidate the remaining provisions in the consumer agreement. 2002, c. 30, Sched. 2002, c. 30, Sched. 2, s. 16. 2002, c. 30, Sched. 2, s. 20 (3)). 2002, c. 30, Sched. (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. (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. 2002, c. 30, Sched. Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of section 107, 107.1 or 108 of this Act, reading the reference in subsection 160 (1) of that Act to a document that a person is about to examine or seize under a search warrant as a reference to a thing that an investigator is about to examine or seize under the authority of section 107, 107.1 or 108 of this Act. (3) If an inspector has made a proposal or an order pursuant to a delegation under this section, every reference to the Director in or with respect to the section under which the proposal or order, as the case may be, was made and every reference to the Director in sections 121 and 122 is deemed to be a reference to that inspector. 2017, c. 2, Sched. (2) A tow truck driver, tow truck broker or tow and storage services operator who does not meet the relevant qualifications under subsection (1) shall not demand or receive payment from a consumer or a person acting on behalf of the consumer for tow and storage services provided while not meeting the qualifications. 2002, c. 30, Sched. A, s. 61 (2). 12, s. 3 (4). 1 (9), 5 (2). Posting identifiers and other information. A, s. 114 (3). CCQ-1991 (the "CCQ"), of the Consumer Protection Act, CQLR, ch. See: 1999, c. 12, Sched. Amended by: 1993, c. 27, Sched. A, s. 18 (6). R.S.O. F, s. 15. 1, s. 2. G, s. 19 (2). (9) The Statutory Powers Procedure Act does not apply to an appeal made under this section. (a) the name and address of the seller and the buyer; (b) a description of the goods or services sufficient to identify them with certainty; (c) the itemized price of the goods or services and a detailed statement of the terms of payment; (d) where credit is extended, a statement of any security for payment under the contract, including the particulars of any negotiable instrument, conditional sale agreement, chattel mortgage or any other security; (e) where credit is extended, the statement required to be furnished by section 24; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (e) is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule F, subsection 13 (2) and the following substituted: (e) where credit is extended, the statements that Part III requires the lender to deliver to the borrower in respect of the credit agreement and the statements that Part III.1 requires the lessor to deliver to the lessee in respect of the lease; See: 1999, c. 12, Sched. A, s. 90 (1); 2004, c. 19, s. 7 (34). 2002, c. 30, Sched. 2004, c. 19, s. 7 (37). Title to goods under trade-in arrangement. “Registrar” means the Registrar of the Consumer Protection Bureau; (“registrateur”). 1990, c. C.31, s. 36 (1). R.S.O. “vehicle” means a motor vehicle as defined in the Highway Traffic Act. 2, s. 17. 110 (1) If the conditions in subsection (2) are met, the Director may, in writing. A, s. 110 (10). A, s. 111 (2). R.S.O. 2014, c. 9, Sched. 1, s. 2. F, ss. R.S.O. (1) Subject to the regulations, no lender shall represent, either orally or in print, or by radio or television broadcast, the lender’s charge for credit or cause such charge to be so represented unless the representation includes the full cost of borrowing and is expressed in the manner required by section 24 or 25. Lieutenant Governor in Council regulations: general. 2002, c. 30, Sched. A, s. 109 (7). 1, s. 2. E, s. 55; 1999, c. 12, Sched. R.S.O. 3, s. 4. (i) the outstanding balance in the account of the borrower at the beginning of the period. 2002, c. 30, Sched. (b) the time that the borrower makes any payment in connection with the agreement. 1990, c. C.31, s. 31 (1). A, s. 16. (b) at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent. (13) An application by the Director under this section may be made without notice to any other person. (3) Notice under subsection (1) may be given in any way as long as it indicates the intention of the borrower to terminate the optional service and section 92 applies, with necessary modification, to such notice. A, s. 18 (14). A, s. 87; 2004, c. 19, s. 7 (31, 32). 65.4 (1) Subject to the regulations, no tow and storage provider shall charge a consumer for any tow and storage services unless the consumer or a prescribed person acting on behalf of the consumer, if the consumer is unable to give authorization in circumstances provided for in the regulations, authorizes the services. in an amount determined in the manner prescribed by the regulations. (b) order the person to retract the representation or publish a correction of equal prominence to the original publication. A, s. 32 (3). 2002, Chapter 30, Schedule A which applies to many, and perhaps most, business-to-consumer transactions and dealings. 2020, c. 14, Sched. (3) If the direct sales contract is cancelled, the cancellation operates to cancel the credit contract as if it had never existed. 2004, c. 19, s. 7 (42). A, s. 23. 1990, c. C.31, s. 36 (3). (2) This Part or any provision of this Part does not apply in respect of prescribed persons or with respect to prescribed circumstances. 2, s. 20 (2). 2002, c. 30, Sched. 2002, c. 30, Sched. 1, s. 2. 2002, c. 30, Sched. (3) If a credit broker arranges a credit agreement for a lender who does not enter into the agreement in the course of carrying on a business, the obligations that this Part imposes on the lender shall be deemed to be obligations of the credit broker and not the lender. 3, s. 3). (3) Subject to any prescribed exceptions, on and after the day this section comes into force, and upon providing notice to the other party, the supplier or the consumer may terminate the consumer agreement under which rewards points are provided, and if the consumer agreement so provided, the consumer’s accumulated rewards points may expire. A, s. 123 (8); 2004, c. 19, s. 7 (50-53). (a) the sum to be actually received in cash by the borrower or the actual cash price of the goods; (d) the number of instalments required to repay the total indebtedness, including the cost of borrowing. 2017, c. 2, Sched. 2017, c. 2, Sched. 65.3 No tow and storage provider shall charge a consumer or a prescribed person acting on behalf of a consumer for any tow and storage services unless the consumer or prescribed person has first been given the prescribed information in the prescribed manner and within the prescribed time. (4) The person against whom the order imposing the administrative penalty is made shall file the notice of appeal in the manner that the person designated under subsection (8) determines. 65 (1) Sections 55 to 64 apply to all consumer agreements for work or repair that are entered into on or after the day this section is proclaimed in force. (a) consumer transactions regulated under the Securities Act; (b) financial services related to investment products or income securities; (c) financial products or services regulated under the Insurance Act, the Credit Unions and Caisses Populaires Act, 1994, the Loan and Trust Corporations Act or the Mortgage Brokerages, Lenders and Administrators Act, 2006; (d) consumer transactions regulated under the Commodity Futures Act; (e) prescribed professional services that are regulated under a statute of Ontario; (f) consumer transactions for the purchase, sale or lease of real property, except transactions with respect to time share agreements as defined in section 20; and. A, s. 61 (3). A, s. 30 (1). (4) In the case of a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994 or a loan or trust corporation, the order under subsection (1) applies only to the offices and branches named in the order. A, s. 8 (1). A, s. 7 (2). 2004, c. 19, s. 7 (41). (4) This section and section 92 apply, with the necessary modifications, to a person who is not a supplier, if the person has received a payment in contravention of section 12. (2) No supplier shall demand payment or make any representation that suggests that a consumer is required to make payment in respect of any unsolicited goods or services despite their use, receipt, misuse, loss, damage or theft. 52 The officers and directors of an operator are jointly and severally liable for any remedy in respect of which a person is entitled to commence a proceeding against the operator. (b) once the hearing commences, until the hearing is concluded. Lieutenant Governor in Council regulations: Part XI. (6) For greater certainty, nothing in subsection (5) affects the prosecution of an offence. (ss. (2) Sections 30 to 36 do not apply to personal development services that are provided. A, s. 109 (8). The motions judge dismissed TELUS’s motion for a stay and certified the action. 2002, c. 30, Sched. A, s. 34 (1). (2) No person, other than an internet service provider, shall arrange for or otherwise facilitate advertising prohibited under subsection (1) on behalf of another person. 2014, c. 9, Sched. F, s. 15. Specifically, the Consumer Protection Act, … 3, s. 2. 62 The repairer shall, on completion of work or repairs, deliver to the consumer an invoice containing the prescribed information in the prescribed manner. Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “registered” is repealed by the Statutes of Ontario, 1997, chapter 35, subsection 1 (2). A, s. 46 (1). 2, s. 17. See: 1997, c. 35, ss. 2002, c. 30, Sched. 19. (3) Any document made under this Act that purports to be signed by the Director or a certified copy of the document is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, that the document is signed by the Director without proof of the office or signature of the Director. A, s. 106 (2). (2) If a 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, the obligations that this Part would impose on a lender shall be deemed to be obligations of the loan broker and not the creditor, except as prescribed. 2002, c. 30, Sched. “tow and storage provider” means any of the following: 3. 3, 22. (2) If a borrower prepays the full outstanding balance under a credit agreement for fixed credit, the lender shall refund to the borrower or credit the borrower with the portion, determined in the prescribed manner, of the amounts that were paid by the borrower under the agreement or added to the balance under the agreement and that form part of the cost of borrowing, other than amounts paid on account of interest. 1990, c. C.31, s. 33. 1, s. 2. 2002, c. 30, Sched. 2019, c. 14, Sched. 34 (1) Every supplier of personal development services shall make available to consumers at least one plan for instalment payments of membership fees and initiation fees, if applicable, that allow consumers to make equal monthly payments over the term of the personal development services agreement. (5) An appeal commenced in accordance with subsection (1) operates as a stay of the order until disposition of the appeal. 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. F, s. 15. 2002, c. 30, Sched. F, s. 15. 2014, c. 9, Sched. (i) the total sum that the borrower is required to pay if the payments required are made as they become due, including all such sums regardless of the purpose or reason for the payment or the time of the payment. 2002, c. 30, Sched. (b) a supplier who supplies such goods or services as may be prescribed or a person who holds themself out as a supplier of such goods or services. A, s. 18 (1). 2014, c. 9, Sched. A, s. 3; 2008, c. 9, s. 79 (2). A, s. 26 (1). 2014, c. 9, Sched. A, s. 110 (12). (2) If the lien created by the Director under subsection (1) relates to personal property. (g) any other matter required by the regulations. (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. Failure of work or repairs under warranty. (a) a search warrant has been issued under this Act; (b) an order has been made under section 111 or 112; or. 2017, c. 2, Sched. (a) be in writing or in a form to which the lessee consents; and. (10) The Lieutenant Governor in Council may make regulations. (ii) an amount equal to the trade-in allowance for the goods that the buyer delivered under a trade-in arrangement. A, s. 110 (13). A, s. 55. 2014, c. 9, Sched. 2002, c. 30, Sched. A, s. 125. 11 Any ambiguity that allows for more than one reasonable interpretation of a consumer agreement provided by the supplier to the consumer or of any information that must be disclosed under this Act shall be interpreted to the benefit of the consumer. Term of consumer agreement not enforceable. 2002, c. 30, Sched. 2002, c. 30, Sched. (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). (2) The following activities do not constitute solicitation for the purpose of subsection (1): 1. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule F, subsection 13 (3) by striking out “an allowance for a trade-in” and substituting “a trade-in allowance as defined in section 23.1” and by striking out “des frais d’emprunt” in the French version and substituting “du coût d’emprunt”. 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. Both … (d) another prescribed form of security. However, the … 2004, c. 19, s. 7 (27). A, s. 96 (1). (7) The consumer may commence an action, in accordance with section 100, to recover the amount described in subsection (6) and may set off the amount against any amount owing to the supplier under any consumer agreement between the consumer and the supplier, other than the direct agreement described in subsection (1). Covered under the Ministry of Government and Consumer Services See: 1999, c. 12, Sched. “trade-in allowance” means the greater of, (a) the price or value of the buyer’s goods as set out in a trade-in arrangement, and, (b) the market value of the buyer’s goods when taken in trade under a trade-in arrangement; (“valeur de reprise”). 21 (1) Sections 22 to 26 apply to future performance agreements if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount. (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. (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). 2002, c. 30, Sched. (8) The Director, the person who requested the hearing and the persons whom the Tribunal specifies are parties to the hearing. (ii) the amount and date of each extension of credit to the borrower during the period and the identity of the goods or services in respect of which the credit was extended. 2002, c. 30, Sched. A, s. 63 (4). (a) prescribing anything in this Act that is described as being prescribed, done in accordance with the regulations or provided for in the regulations, other than a matter that this Act describes as being prescribed by the Minister or provided for in regulations made by the Minister; (b) prescribing the form and content of consumer agreements, notices, invoices or any documents required under this Act; (c) exempting any supplier, consumer transaction, goods or services, any combination of any of them or any class of any of them from any provision of this Act or the regulations, and prescribing conditions or restrictions that apply in respect of an exemption; (d) governing trade-ins and trade-in arrangements made under consumer agreements or arising from consumer agreements; (e) respecting what constitutes a material change in the periodic supply or ongoing supply of goods or services; (f) requiring suppliers to make returns and furnish information to the Director as is prescribed; (g) requiring information that is required or permitted to be furnished to the Director or that is contained in any form or return to be verified by affidavit; (h) governing the application of the Electronic Commerce Act, 2000 or any part of that Act to this Act; (i) providing for any transitional matter necessary for the effective implementation of this Act or the regulations; (j) defining, for the purposes of this Act and the regulations, any word or expression that is used in this Act but not defined in this Act; (k) clarifying the definition of “rewards points” in section 1 and specifying things that do or do not constitute rewards points for the purposes of this Act. 96 (1) If a consumer cancels a consumer agreement, the supplier shall, in accordance with the prescribed requirements, (a) refund to the consumer any payment made under the agreement or any related agreement; and. F, s. 15. 1999, c. 12, Sched. 39 (1) A supplier shall deliver to a consumer who enters into an internet agreement a copy of the agreement in writing within the prescribed period after the consumer enters into the agreement. (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, s. 13. 2004, c. 19, s. 7 (44). (vi) the statement referred to in clause (a). 3, s. 2. A, s. 9 (1). Marketers of gas, retailers of electricity. 2002, c. 30, Sched. 2017, c. 5, Sched. (b) the time that the lessee makes any payment in connection with the lease. 12, s. 3 (3). (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. In force. (2) The initial disclosure statement shall, (a) be in writing or, if the borrower consents, in a form that allows the borrower to retain it; and. (4) Agreements that are in existence before sections 30 to 36 are proclaimed in force are governed by the Prepaid Services Act as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002. 42 (1) Every direct agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements. 2002, c. 30, Sched. 32 (1) No supplier shall enter into a new agreement for personal development services with a consumer with whom the supplier has an existing agreement for personal development services unless the new agreement is for personal development services that are distinctly different from the services provided under the existing agreement. A, s. 13 (5). 1, s. 2. (2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court shall be deemed to be the date of the order. (1.1) For greater certainty, if the Director proposes to make an order under subsection (1) that a person comply with clause 96 (1) (a), the proposed order may specify the amount of the refund described in that clause and include a direction to the person to pay that amount. 2002, c. 30, Sched. R.S.O. 123 (1) The Lieutenant Governor in Council may make regulations. 2002, c. 30, Sched. (2) The implied conditions and warranties applying to the sale of goods by virtue of the Sale of Goods Act apply to goods sold by a consumer sale and any written term or acknowledgment, whether part of the contract of sale or not, that purports to negative or vary any of such implied conditions and warranties is void and, if a term of a contract, is severable therefrom, and such term or acknowledgment shall not be evidence of circumstances showing an intent that any of the implied conditions and warranties are not to apply. (3) The consumer may commence an action in accordance with section 100 to recover, (a) the payment of a fee or an amount that was charged by the supplier in contravention of this Act; or. R.S.O. See: 1999, c. 12, Sched. Please login to leave a comment. 82, the Ontario Court of Justice making the conviction may order that the person convicted is liable to indemnify the maker under subsection 82 (3). 1, s. 2. F, ss. 2002, c. 30, Sched. 2, s. 17. (2) If the Director proposes to make an order under subsection (1), the Director shall serve notice of the proposed order, together with written reasons, on the person. 2017, c. 5, Sched. A, s. 88; 2004, c. 19, s. 7 (33). (b) the justice of the peace authorizes the entry into the dwelling. A, s. 21 (4). “unsolicited goods” means personal property furnished to a person who did not request it and a request shall not be inferred from inaction or the passing of time alone, but does not include, (a) personal property that the recipient knows or ought to know is intended for another person, or. (1) This Act does not apply to the sale of a public utility or to any charge for the transmission, distribution or storage of gas as defined in the Ontario Energy Board Act, 1998 where such charge has been approved by the Ontario Energy Board. “lease” means a consumer agreement for the lease of goods, other than a consumer agreement for the lease of goods in connection with a residential tenancy agreement, and “lessor” and “lessee” have a corresponding meaning; (“bail”, “bailleur”, “preneur”), “lease term” means the period during which the lessee is entitled to retain possession of the leased goods; (“durée du bail”). 1, s. 5. F, s. 15. 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”). 1, s. 2. Note: On a day to be named by proclamation of the Lieutenant Governor, section 87 of the Act is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause: (See: 2017, c. 5, Sched. 2004, c. 19, s. 7 (18). 1990, c. C.31, s. 21 (1); 1999, c. 12, Sched. No waiver of substantive and procedural rights. 2002, c. 30, Sched. D, s. 4 (1). 3, s. 2. 2002, c. 30, Sched. 1, s. 8; 2017, c. 5, Sched. 30. A, s. 35 (2). A representation that misrepresents the purpose of any charge or proposed charge. (2) The lender is not required to deliver a statement of account to the borrower if, (a) during the period since the most recent statement of account, the borrower received no advances and made no payments under the agreement; and, (i) the outstanding balance payable by the borrower under the agreement is zero, or. (3) Despite subsection (1), the Tribunal may order any other method of service. 2002, c. 30, Sched. Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 14, Sched. (6) A lender under a credit agreement for open credit who, pursuant to the agreement, changes any of the matters mentioned in subsection 29.5 (4), other than the interest rate under the agreement, shall notify the borrower of the change, (a) in the next statement of account after the change, if the change is not a material change as determined by the regulations; and. 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