(7) An application may be made to the Superior Court of Justice for a determination in respect of the disposition of an asset or trust fund, (a)  by a person in receipt of an order under subsection (1), if that person is in doubt as to whether the order applies to the asset or trust fund; or. 27 Every time share agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements. 2006, c. 34, s. 8 (5). R.S.O. (i)  the circumstances under which a tow and storage provider is not required to provide access to a vehicle, (ii)  when and how access is to be provided, and. 17 (1) No person shall engage in an unfair practice. 1990, c. C.31, s. 36 (2). 12. A representation that the goods or services or any part of them are available or can be delivered or performed when the person making the representation knows or ought to know they are not available or cannot be delivered or performed. 2002, c. 30, Sched. A, s. 53; 2004, c. 19, s. 7 (14). F, s. 15. 2014, c. 9, Sched. 104.0.3 If a person against whom an order imposing an administrative penalty is made pays 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 person cannot be charged with an offence under this Act in respect of the same contravention on which the order is based and no other prescribed measure shall be taken against the person in respect of the same contravention on which the order is based. R.S.O. R.S.O. 2020, c. 14, Sched. A, s. 71. 2017, c. 2, Sched. (2) If the delivery date or commencement date is not specified in the future performance agreement, a consumer may cancel the agreement at any time before delivery or commencement if the supplier does not deliver or commence performance within 30 days after the date the agreement is entered into. 2017, c. 5, Sched. The Consumer Protection Act (CPA) governs most common consumer transactions in the marketplace and home. 10. 1, s. 3 (1); 2017, c. 2, Sched. 2, s. 16. Regulations 4. 3, s. 4. 2017, c. 2, Sched. 2020, c. 14, Sched. 2002, c. 30, Sched. 1 (9), 5 (2). 3, s. 9. (a) it is required in connection with the administration of this Act and the regulations or any proceedings under this Act or the regulations; (b) the person communicates the information to his or her counsel; or. (4) When work or repairs are made under subsection (3), the person entitled to a warranty under this section is entitled to recover from the original repairer the original cost of the work or repairs and reasonable towing charges. A, s. 19 (2). A, s. 60. 2002, c. 30, Sched. 2016, c. 34, s. 2 (1). R.S.O. (2) The Minister may delegate in writing any of his or her powers or duties under subsection (1) to the Deputy Minister of Consumer and Business Services or to any persons employed in a specified capacity in the Ministry. (2) Despite subsection (1), a repairer may charge for work or repairs without giving an estimate if. (3) If the lien created by the Director under subsection (1) relates to real property, the Director may register the lien against the property of the person liable to pay the fine in the proper land registry office and on registration, the obligation under the lien becomes a charge on the property. 2002, c. 30, Sched. (g) prescribing the form of statements of the cost of borrowing; (h) prescribing amounts for the purposes of section 18 and the definition of “direct sales contract” in section 23.1; (i) governing what information must be contained in a direct sales contract and the written copy of a direct sales contract; (j) prescribing the circumstances in which a seller is not required to refund all money paid by a buyer under clause 23.6 (2) (a) and prescribing limits on the amount of money a seller is not required to refund in those circumstances; (j.1) respecting the form in which a person is authorized to make representations or to make information available under section 29.3 or 32.2 or the form in which a person is required to make a statement under Part III or III.1; (j.2) prescribing the maximum liability of a borrower under a credit agreement for a credit card in cases where the borrower has not authorized the use of the card; (j.3) limiting the amount of compensation that a lessor may charge the lessee for termination of the lease before the end of the lease term; (k) exempting any class of buyer, seller, lender or borrower from the application of this Act or any provision of it; (l) prescribing forms for the purposes of this Act and providing for their use; (m) requiring any information required to be furnished or contained in any form or return to be verified by affidavit; (n) defining any expression used in Part II or Part III of this Act; (o) Repealed: 1999, c. 12, Sched. 2004, c. 19, s. 7 (44); 2007, c. 4, s. 26. 1990, c. C.31, s. 23 (2). 37 Sections 38 to 40 apply to an internet agreement if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount. 28 (1) A consumer may, without any reason, cancel a time share agreement at any time from the date of entering into the agreement until 10 days after receiving the written copy of the agreement. (b) does not begin to provide the services required by the contract within 30 days of the commencement date specified in the contract or an amended commencement date agreed on in writing by the buyer and seller. 3. A representation that the goods or services are of a particular standard, quality, grade, style or model, if they are not. A, s. 25 (1). 3, s. 5 (2). (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. 1990, c. C.31, s. 30 (3). 65.13 (1) No tow and storage provider shall falsify, assist in falsifying or induce or counsel a consumer to falsify or assist in falsifying any information or document that the consumer is required to provide under this Act, the Compulsory Automobile Insurance Act, the Highway Traffic Act, the Insurance Act (2) The Director shall maintain, in accordance with the prescribed requirements, a public record of the following: 1. (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. (3) The Lieutenant Governor in Council may make regulations prescribing the period in which a supplier is to refund a payment to a consumer who has demanded a refund. (2) If a supplier is required to deliver information to a consumer under this Act, the information must, in addition to satisfying the requirements in subsection (1), be delivered in a form in which it can be retained by the consumer. (13) A regulation under this section may, if it so provides, be effective to a period before it is filed so long as that period commences no earlier than the day this section is proclaimed in force. 17 (2), 45 (2). 2002, c. 30, Sched. 1, s. 5. R.S.O. (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. 2014, c. 9, Sched. (3) Nothing in this section prevents a consumer and a supplier from agreeing to amend the estimate or price in a consumer agreement, if the consumer requires additional or different goods or services. (9) A person who conducts a mediation under this section shall not be required to testify in a civil proceeding or in a proceeding before any tribunal respecting the mediation. (b)  parts replaced under warranty whose return to the manufacturer or distributor is required. Finding statutes – … (2) The Director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature. See: 1999, c. 12, Sched. R.S.O. 2002, c. 30, Sched. F, ss. 2002, c. 30, Sched. (d)  such other leases that are prescribed. A, s. 18 (3). Express opportunity to accept or decline agreement. 74 (1) If the lender under a credit agreement invites the borrower to defer making a payment that would otherwise be due under the agreement, the invitation must disclose whether or not interest will accrue on the unpaid amount during the period of the deferral and, if interest will accrue, the invitation must also disclose the interest rate. A, s. 13 (6). 4. 2002, c. 30, Sched. 53 An operator shall not communicate or cause to be communicated any representation that is prescribed as a prohibited representation. A, s. 39 (2). 2002, c. 30, Sched. 10, s. 4 (4). 2, s. 14. 2004, c. 19, s. 7 (41). 2002, c. 30, Sched. (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. (4) A borrower who makes a payment under subsection (3) is not entitled to a credit for the charges, other than charges on account of interest, that the borrower was required to pay under the agreement or that were added to the principal under the agreement. 3, s. 5 (1). 1 (2), 5 (2). 1990, c. C.31, s. 27. 2020, c. 14, Sched. Despite the repeal of Part I, subsection 16 (2) of the Act continues to apply to an action, proceeding or prosecution that was commenced or that could have been commenced before December 18, 1997. A, s. 6. 69 A borrower is not liable for any amount that is greater than the prescribed maximum for unauthorized charges under a credit agreement for open credit. Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 is amended by the Statutes of Ontario, 1999, chapter 12, Schedule F, subsection 11 (4) by adding the following definition: “brokerage fee” means an amount that a borrower pays or agrees to pay to a credit broker in consideration of the broker’s services in arranging or attempting to arrange a credit agreement, and includes an amount that the lender deducts from an advance and pays to the broker; (“frais de courtage”), “business premises” does not include a dwelling; (“locaux commerciaux”). (b)  the supplier did not provide to the consumer an express opportunity to accept or decline the agreement or to correct errors immediately before entering into it. (a)  goods that are supplied to a consumer who did not request them but does not include. 2004, c. 19, s. 7 (41). (c) the person to whom the information relates consents. 65.11 (1) A tow and storage provider shall provide a consumer with a copy of the Tow and Storage Consumers Bill of Rights in the manner required by the regulations made under subsection (2). A, s. 109 (10). 2017, c. 2, Sched. (2) A consumer may cancel an internet agreement within 30 days after the date the agreement is entered into, if the supplier does not comply with a requirement under section 39. 2014, c. 9, Sched. (b)  the borrower is in default and has been notified that the lender has cancelled or suspended his or her right to obtain advances under the agreement and has demanded payment of the outstanding balance. 2, s. 16. (ii)  a change to ongoing or periodic services that are being supplied, if the change in the services is not a material change, (iii)  services supplied under a written future performance agreement that provides for the ongoing or periodic supply of services to the recipient without further solicitation, or. (e)  governing the right of a lessor under a lease to terminate the lease, including, (i)  prescribing the circumstances in which a lessor is entitled to exercise the right of termination or is not entitled to exercise that right, and. 2002, c. 30, Sched. 50 (1) No operator shall require or accept any payment or any security for a payment, directly or indirectly, from or on behalf of a consumer unless and until. 2019, c. 14, Sched. A, s. 38 (3). 2017, c. 2, Sched. 2002, c. 30, Sched. (2) A borrower who terminates an optional service in accordance with subsection (1) is not liable for charges relating to any portion of the service that has not been provided at the time of termination and is entitled to a refund of amounts already paid for those charges. 3, s. 7 (4)), (a)  discharge the registration of any financing statement registered under clause (2) (c); and. CONSUMER PROTECTION ACT 8 140 Registration Part 14 Remedies and Enforcement 141 Definition Dispute Resolution 142 Dispute resolution Court Action by Consumer 142.1 Court action by consumer re contravention, failure to comply 142.2 Provincial Court Trust Accounts 143 Regulations Inspections and Investigations 144 Identification of inspectors 145 Inspection 146 Order compelling assistance in … Access all information related to this legislation on CanLII. 85.2 (1) This Part applies to a consumer agreement under which a supplier, other than a credit union, cashes a government cheque for a consumer. 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. E, s. 4; 1998, c. 18, Sched. 1997, c. 35, s. 1 (5). 2, s. 6. (a)  prescribing Acts under which the Ministry may receive complaints and make inquiries; (b)  prescribing other jurisdictions from which statements may be certified; (d)  prescribing entities or organizations to which confidential matters may be disclosed; (e)  authorizing the Director to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purposes of those programs. A, s. 50 (2); 2004, c. 19, s. 7 (12). A, s. 44. 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. 2002, c. 30, Sched. A, s. 121 (2). “vehicle” means a motor vehicle as defined in the Highway Traffic Act. F, ss. (3) Subsections (1) and (2) apply with necessary modifications to any person, whether or not the person is or was a supplier, if the person has engaged or is engaging in unfair practices under this Act. Lieutenant Governor in Council regulations: Part V. (6) The Lieutenant Governor in Council may make regulations. (e)  all credit agreements, as defined in Part VII, and other payment instruments, including promissory notes, (i)  extended, arranged or facilitated by the person with whom the consumer reached the agreement, or. A Helpful Guide On How to Determine Your Rights and Responsibilities Involving Consumer Protection Act Issues. (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. (a) requires the purchaser to make payment in full for the goods under the sale in a single payment within a certain period after the vendor delivers a written invoice or statement of account to the purchaser; (b) is unconditionally interest-free during the period for payment described in clause (a); (c) does not provide for any non-interest charges; (d) is unsecured apart from liens on the goods under the sale that may arise by operation of law; and. (a)  appoint persons as inspectors for the purposes of this Act; and. Title to goods under trade-in arrangement. (3) No action shall be brought by which to charge any person for payment in respect of unsolicited goods notwithstanding their use, misuse, loss, damage or theft. (5) The warrant may authorize persons who have special, expert or professional knowledge and other persons as necessary to accompany and assist the investigator in respect of the execution of the warrant. (4) Records that the Director maintained available for public inspection as required by section 5 of the Business Practices Act “consumer sale” means a contract for the sale of goods made in the ordinary course of business to a purchaser for the purchaser’s consumption or use, but does not include a sale. Consumer Protection Act, Consolidation of Current to: 2012-10-11 ascribed in the agreement to any trade-in or other allowance to the borrower, if all payments are made as they fall due, and (ii) the aggregate of the total cash price of the goods or services or both being purchased and the amounts described in paragraphs 25 (3)(b) and (c), and (d) where used in relation to variable credit, the charges … A, s. 63 (3). (c)  that are entered into on or after the date this section comes into force. 2014, c. 9, Sched. R.S.O. Interest rate on litigation loans reduced due to failure by loan company to comply with Consumer Protection legislation. Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “cost of borrowing” is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule F, subsection 11 (6) and the following substituted: “cost of borrowing” means all amounts that a borrower is required to pay under or as a condition of entering into a credit agreement other than, (a) a payment or repayment of a portion of the principal under the agreement as prescribed by the regulations, and, (b) charges prescribed by the regulations; (“coût d’emprunt”). (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. 2002, c. 30, Sched. 2002, c. 30, Sched. 40 (1) A consumer may cancel an internet agreement at any time from the date the agreement is entered into until seven days after the consumer receives a copy of the agreement if, (a)  the supplier did not disclose to the consumer the information required under subsection 38 (1); or. 2002, c. 30, Sched. (6) If a supplier terminated a consumer agreement under which rewards points were provided on or after October 1, 2016 and before the date this section came into force, the previously terminated agreement shall be deemed to not have been terminated and the supplier shall, within 15 days of this section coming into force, credit back to the consumer all rewards points that expired upon that termination. Setting aside or variation of default judgment. 1, s. 5. (ii)  after having conducted an investigation, send a written notice to the consumer explaining the reasons why the credit card issuer is of the opinion that the consumer is not entitled to cancel the consumer agreement or to demand a refund under this Act. (i)  services that were intended for another person from the time the recipient knew or ought to have known that they were so intended. (5) A borrower who makes a payment under subsection (4) is not entitled to the refund or credit described in subsection (2). R.S.O. 46 (1) A supplier shall deliver to a consumer who enters into a remote agreement a copy of the agreement in writing within the prescribed period after the consumer enters into the agreement. 2002, c. 30, Sched. (3) Despite subsection (1), the Tribunal may order any other method of service in respect of a matter before the Tribunal. The percentage rate by which the cost of borrowing is expressed shall be applied in the manner prescribed by the regulations. 2002, c. 30, Sched. A, s. 48; 2004, c. 19, s. 7 (9). E, s. 4 (2). E, ss. A, s. 123 (5); 2004, c. 19, s. 7 (47); 2006, c. 34, s. 8 (13, 14); 2016, c. 34, s. 3 (2). 2002, c. 30, Sched. 2004, c. 19, s. 7 (27). 29.5 (1) Every lender shall deliver an initial disclosure statement for a credit agreement to the borrower before the earlier of, (a) the time that the borrower enters into the agreement; and. (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. 1, s. 2. A borrower under a credit agreement is not liable to pay the lender as part of the cost of borrowing any amount in excess of the amounts specified in the statements that this Part requires the lender to deliver to the borrower in respect of the agreement. (8) The Director, the person who requested the hearing and the persons whom the Tribunal specifies are parties to the hearing. Consumer’s recourse re: credit card charges. (2) The Ministry may mediate a complaint if the parties to the complaint agree to mediation. A, s. 106 (2). (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. 2002, c. 30, Sched. 2002, c. 30, Sched. A, s. 81 (5). The rights of a buyer or borrower under this Act are in addition to any rights of the buyer or borrower under any other Act or by the operation of law, and nothing in this Act shall be construed to derogate from such rights. … (4) For the purposes of this section, an error or omission in any form prescribed or information required to be given by this Act or the regulations shall not be deemed to be in contravention of this Act or the regulations where the person against whom the contravention is alleged proves that the error or omission was accidental or clerical or was beyond the person’s control. (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary. (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. 65.20 (1) Where the regulations provide for qualifications that must be met by a tow truck driver, a tow truck broker or a tow and storage services operator, no person who does not meet the relevant qualifications shall engage with a consumer or a prescribed person acting on behalf of a consumer as a tow truck driver, a tow truck broker or a tow and storage services operator. (a)  the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act; (b)  the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and. in an amount determined in the manner prescribed by the regulations. 2, s. 13. A, s. 50 (1); 2004, c. 19, s. 7 (10, 11). 2002, c. 30, Sched. “trade-in allowance” means the greater of, (a)  the price or value of the consumer’s goods or services as set out in a trade-in arrangement, and, (b)  the market value of the consumer’s goods or services when taken in trade under a trade-in arrangement; (“valeur de reprise”), “trade-in arrangement” means an arrangement under which a consumer agrees to sell his or her own goods or services to the supplier and the supplier accepts the goods or services as all or part of the consideration for supplying goods or services; (“convention de reprise”). A, s. 72 (1). A, s. 74 (1). 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