123 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing anything in this Act that is referred to as being prescribed; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 123 (1) (a) of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 3, s. 8) (a) prescribing anything in this Act that is described as being prescribed, done in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.  2002, c. 30, Sched. A, s. 123 (1); 2004, c. 19, s. 7 (45); 2016, c. 34, s. 3 (1). Lieutenant Governor in Council regulations: Part I (2) The Lieutenant Governor in Council may make regulations, (a) prescribing a tribunal for the purposes of this Act; (b) prescribing professional services that are exempted from the application of this Act; (c) for the purposes of section 4, excluding the application of provisions of this Act or of the regulations to consumer agreements that meet the criteria of more than one type of agreement to which this Act applies.  2002, c. 30, Sched. A, s. 123 (2); 2004, c. 19, s. 7 (46). Lieutenant Governor in Council regulations: Part II (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.  2002, c. 30, Sched. A, s. 123 (3). Lieutenant Governor in Council regulations: Part III (4) The Lieutenant Governor in Council may make regulations, (a) prescribing requirements for the notice to rescind an agreement or the notice to seek recovery under Part III; (b) prescribing the period in which to respond to a consumer who has given notice to rescind an agreement or notice to seek recovery.  2002, c. 30, Sched. A, s. 123 (4). Lieutenant Governor in Council regulations: Part IV (5) The Lieutenant Governor in Council may make regulations, (a) prescribing the total potential payment obligations, excluding the cost of borrowing, that must be exceeded for Part IV to apply to consumer agreements included in that Part; (b) prescribing the circumstances under which the effect of the cancellation of a consumer agreement to which Part IV applies and the obligations arising as a result of the cancellation of the agreement will be limited and prescribing the nature of the limitations; (c) for consumer agreements to which Part IV applies, governing disclosure, contents of consumer agreements and requirements for making, renewing, amending or extending consumer agreements; (d) prescribing matters as being personal development services; (e) for the purposes of Part IV, governing future performance agreements including gift card agreements, and governing time share agreements, personal development services agreements, internet agreements, direct agreements and remote agreements; (f) imposing restrictions, including prohibiting expiry dates, on future performance agreements, including gift card agreements; (g) governing the fees, other than the payment under a future performance agreement, including a gift card agreement, for supplying goods or services under the agreement, that the supplier under the agreement may charge or is prohibited from charging to the consumer; (h) allowing the consumer under a future performance agreement, including a gift card agreement, to cancel the agreement if the supplier does not disclose the matters with respect to the agreement that the regulations specify and governing the cancellation of the agreement; (i) providing that any provision of this Act or the regulations applies to future performance agreements, including gift card agreements, with the modifications specified in the regulations; (j) governing the transfer of rewards points among consumers, including upon death; (k) governing the inactivity of consumer agreements under which rewards points are provided and of the rewards points themselves; (l) governing the termination of consumer agreements under which rewards points are provided and of the rewards points themselves; (m) governing the application of section 47.1 with respect to rewards points and, without restricting the generality of the foregoing, providing for and prescribing anything that that section refers to as being prescribed or provided for in the regulations and governing transitional matters.  2002, c. 30, Sched. A, s. 123 (5); 2004, c. 19, s. 7 (47); 2006, c. 34, s. 8 (13, 14); 2016, c. 34, s. 3 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (5) of the Act is amended by adding the following clause: (See: 2017, c. 5, Sched. 2, s. 20 (1)) (n) prohibiting suppliers from entering into any class of consumer agreement to which Part IV applies and that is specified in the regulations if it creates a lien or other security interest in any real or personal property owned by the consumer or in the goods or services under the agreement and governing the rights and obligations of the parties under such an agreement. Lieutenant Governor in Council regulations: Part V (6) The Lieutenant Governor in Council may make regulations, (a) prescribing goods and services for the purposes of Part V; (b) prescribing conditions that must be met to permit payment for the supply of prescribed goods and services; (c) prescribing requirements for making an agreement to which Part V applies; (d) prescribing prohibited representations for the purposes of Part V; (e) for the purposes of Part V, governing consumer agreements for loan brokering, consumer agreements for credit repair and other consumer agreements to which Part V applies.  2002, c. 30, Sched. A, s. 123 (6); 2004, c. 19, s. 7 (48). Lieutenant Governor in Council regulations: Part VI (7) The Lieutenant Governor in Council may make regulations, (a) prescribing goods for the purposes of Part VI; (b) governing estimates for the purposes of Part VI, including prescribing requirements with which estimates must comply; (c) governing authorizations for the purposes of Part VI, including prescribing requirements that must be met in recording an authorization; (d) prescribing signs that a repairer must post, prescribing requirements for posting the signs and prescribing the contents of the signs and the manner in which the contents are to be presented; (e) governing invoices for the purposes of Part VI, including prescribing the information to be contained in an invoice and the manner in which the information is to be presented; (f) prescribing the minimum warranty for new and reconditioned parts and for labour for the purposes of subsection 63 (1).  2002, c. 30, Sched. A, s. 123 (7); 2004, c. 19, s. 7 (49). Lieutenant Governor in Council regulations: Part VI.1 (7.1) The Lieutenant Governor in Council may make regulations, (a) respecting any matters that are described in Part VI.1 as being prescribed or provided for in the regulations; (b) governing the meaning of “tow and storage services operator” for the purposes of Part VI.1 or any provision of that Part, including providing for different classes of tow and storage services operator and providing for application of the term to persons or entities who only operate with respect to tow services, who only operate with respect to storage services or who operate with respect to both; (c) defining or clarifying “tow and storage services” for the purposes of Part VI.1 or any provision of that Part, including providing for the application of the term to include services that only involve towing, that only involve storage or that involve both and defining or clarifying “tow”, “storage” and related terms; (d) providing for different classes of tow and storage provider for the purposes of Part VI.1 and providing for different obligations under that Part with respect to different classes; (e) governing the meaning of “tow truck” for the purposes of Part VI.1; (f) excluding persons from the definition of “tow truck driver” for the purposes of Part VI.1; (g) for the purposes of subsection 65.4 (1), providing for persons who may authorize the services on behalf of the consumer and governing circumstances under which the consumer is unable to give authorization, and governing the circumstances, if any, under which a tow and storage provider may charge a consumer for services without the authorization that would otherwise apply under that subsection; (h) for the purposes of subsection 65.4 (2), providing for and governing the circumstances, if any, under which a tow and storage provider may charge a consumer an amount that exceeds the amount that would otherwise apply under that subsection; (i) for the purposes of section 65.6, providing for and governing the circumstances, if any, under which a tow and storage provider is not required to provide an invoice; (j) prescribing one or more forms and manners in which the statement of rates charged may be made publicly available for the purposes of section 65.8; (k) for the purposes of section 65.12, governing, (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 (iii) under what circumstances, if any, a fee may be charged for permitting access, and where a fee may be charged, requiring that the amount of the fee be reasonable; (l) respecting and governing anything that may be provided for with respect to section 65.18, including, but without limiting the generality of the foregoing, referring to, or incorporating, with or without modification, the provisions of one or more municipal by-laws as they may exist from time to time; (m) providing for additional qualifications for the purposes of section 65.20; (n) governing transitional matters for the purposes of Part VI.1. 2014, c. 9, Sched. 1, s. 8; 2017, c. 5, Sched. 2, s. 20 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 123 (7.1) of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (4)) Lieutenant Governor in Council regulations: Part VII (8) The Lieutenant Governor in Council may make regulations, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (8) of the Act is amended by adding the following clauses: (See: 2017, c. 5, Sched. 2, s. 20 (3)) (0.a.1) governing the factors that a lender is required to take into account with respect to a borrower before entering into a credit agreement with the borrower; (0.a.2) prohibiting lenders from entering into a credit agreement with a borrower if the amount of the credit to be extended or money to be lent under the agreement exceeds the prescribed amounts or the amounts calculated according to the prescribed manner; (0.a.3) requiring a lender under a credit agreement to provide to the borrower in writing, before entering into the agreement, a copy of the lender’s assessment of the factors prescribed under clause (0.a.1) with respect to the borrower, and requiring that such information be given in accordance with the prescribed requirements; (0.a.4) specifying that if a lender under a credit agreement does not comply with a regulation made under clause (0.a.3), the borrower is not liable to pay the lender the cost of borrowing under the agreement; (0.a.5) prohibiting a lender from initiating contact with a borrower for the purpose of offering to refinance a credit agreement; (a) prescribing what constitutes value received by a borrower under a credit agreement; (b) prescribing the manner in which to determine the annual percentage rate; (c) prescribing payments and repayments and charges that are not included in the cost of borrowing; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (8) of the Act is amended by adding the following clause: (See: 2017, c. 5, Sched. 2, s. 20 (3)) (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.  2002, c. 30, Sched. A, s. 123 (8); 2004, c. 19, s. 7 (50-53). Lieutenant Governor in Council regulations: Part VIII (9) The Lieutenant Governor in Council may make regulations, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (9) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2017, c. 5, Sched. 2, s. 20 (4)) Lieutenant Governor in Council regulations: Part VIII (9) The Lieutenant Governor in Council may make regulations for the purposes of Part VIII, (a) in respect of representations made about the cost of a lease; (a.1) prescribing the manner of determining the annual percentage rate in respect of a lease; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (9) of the Act is amended by adding the following clause: (See: 2017, c. 5, Sched. 2, s. 20 (5)) (a.2) governing and requiring the use of tags or other markers attached to or displayed around a good that is to be leased and the use of statements included in a display relating to a good that is to be leased, and governing the content of such tags, markers, statements or displays and the manner and form in which they are used; (b) governing disclosure statements under Part VIII, including requiring the disclosure of the annual percentage rate in respect of a lease and prescribing other information that the disclosure statement must disclose; (b.1) prescribing and governing remedies that a consumer may exercise if the consumer does not receive a disclosure statement for a lease as required under subsection 89 (1) or if the disclosure statement received by the consumer does not comply with certain requirements of subsection 89 (2) or the regulations; (b.2) governing leases for the purposes of Part VIII; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (9) of the Act is amended by adding the following clause: (See: 2017, c. 5, Sched. 2, s. 20 (5)) (b.3) governing penalties to which a lessee is subject for making late payments under a lease, including, (i) prescribing a grace period during which a lessor is prohibited from exercising the rights and remedies that are specified in the regulation with respect to late payments under a lease despite anything that is specified in the lease, (ii) restricting the rights of a lessor despite anything specified in a lease if a lessee makes a late payment under a lease, including prohibiting a lessor from seizing the leased goods or terminating the lease, (iii) prescribing the maximum amounts of penalties that a lessor can require a lessee to pay to the lessor for making a late payment under a lease or a method of setting those amounts and prescribing the circumstances in which a lessor can require a lessee to pay those amounts and the circumstances in which a lessor is not entitled to require a lessee to pay those amounts, and (iv) specifying whether or not a lessor may apply the amounts described in subclause (iii) to any security deposit that a lessee has paid to a lessor under a lease; (c) prescribing the manner of determining the maximum liability of a lessee at the end of a term of a residual obligation lease; (d) limiting the amount of compensation that a lessor may charge the lessee for termination of the lease before the end of the lease term.  2002, c. 30, Sched. A, s. 123 (9); 2004, c. 19, s. 7 (54-58). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (9) of the Act is amended by adding the following clauses: (See: 2017, c. 5, Sched. 2, s. 20 (5)) (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 (ii) prescribing the requirements that a lessor must fulfil to exercise the right of termination, including requiring a lessor to give notice to the lessee and governing the notice; (f) governing obligations of lessors and lessees arising as the result of the termination of a lease; (g) permitting a lessee under a lease that the lessor has terminated for default in payments required under the lease to re-instate the lease, subject to any regulation made under clause (i), provided that the specified conditions, if any, are met; (h) permitting a lessee under a lease who has terminated the lease for any reason to re-instate the lease, subject to any regulation made under clause (i), provided that the specified conditions, if any, are met; (i) governing obligations of lessors and lessees arising as the result of the re-instatement of a lease as described in clause (g) or (h). Lieutenant Governor in Council regulations: Part IX (10) The Lieutenant Governor in Council may make regulations, (a) prescribing requirements for a consumer notice cancelling a consumer agreement or requesting a remedy from a supplier; (b) governing obligations of suppliers and consumers arising as the result of the cancellation of a consumer agreement; (c) for the purpose of subsections 98 (2) and (4), prescribing the period of time within which a supplier or other person must refund to a consumer a fee or an amount that was charged in contravention of this Act or a payment that was received in contravention of this Act; (d) in respect of cancelling or reversing credit card charges; (e) prescribing other payment systems for the purposes of section 99.  2002, c. 30, Sched. A, s. 123 (10); 2004, c. 19, s. 7 (59). Lieutenant Governor in Council regulations: Part X (11) The Lieutenant Governor in Council may make regulations, (a) prescribing requirements for the public record that must be maintained by the Director and prescribing documents and information that must be kept in such a record; (b) prescribing information that shall be published by the Director.  2002, c. 30, Sched. A, s. 123 (11). Lieutenant Governor in Council regulations: Part XI (12) The Lieutenant Governor in Council may make regulations, (a) prescribing Acts under which the Ministry may receive complaints and make inquiries; (b) prescribing other jurisdictions from which statements may be certified; (c) prescribing forms of security; (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.  2002, c. 30, Sched. A, s. 123 (12); 2004, c. 19, s. 7 (60). Retroactive (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.  2002, c. 30, Sched. A, s. 123 (13). General or particular (14) A regulation under this section may be general or particular in its application.  2002, c. 30, Sched. A, s. 123 (14). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (45-60) - 30/07/2005 2006, c. 34, s. 8 (13, 14) - 01/10/2007 2014, c. 9, Sched. 1, s. 8 - 01/01/2017 2016, c. 34, s. 3 (1, 2)
- 01/01/2018 2017, c. 5, Sched. 2, s. 20 (1, 3-5) - not in force; 2017, c. 5, Sched. 2, s. 20 (2) - 13/04/2017 2020, c. 14, Sched. 3, s. 8 - not in force 2021, c. 26, Sched. 3, s. 65 (4) - 01/01/2024 124 Omitted (provides for coming into force of provisions of this Act).  2002, c. 30, Sched. A, s. 124. Note: On a day to be named by proclamation of the Lieutenant Governor, section 124 of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 3, s. 9) Minister’s regulations 124 The Minister may make regulations, (a) governing any matter that this Act describes as being prescribed by the Minister or provided for in regulations made by the Minister; (b) specifying different administrative penalties for the contravention of different prescribed provisions of this Act or the regulations, different portions of those prescribed provisions or different prescribed requirements in those prescribed provisions; (c) governing the procedure for making an order under section 104.0.1 for an administrative penalty and the rights of the parties affected by the procedure, including the time at which the order is deemed to be served on the person against whom the order is made; (d) providing that the prescribed amount of an administrative penalty mentioned in subsection 104.0.1 (3) shall be calculated on the basis specified in the regulation, including an amount reflecting the number of transactions involved in the contravention on which an order for the administrative penalty is based. 2020, c. 14, Sched. 3, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 3, s. 9 - not in force 125 Omitted (enacts short title of this Act).  2002, c. 30, Sched. A, s. 125. ______________  Français