jswizzle3737/ontario_laws_and_regs huggingface dataset:
61 (1) Every repairer shall offer to return to the consumer all parts removed in the course of work or repairs and shall return all such parts unless advised when the work or repairs are authorized that the consumer does not require their return.  2002, c. 30, Sched. A, s. 61 (1). Parts kept separate (2) Every repairer shall keep parts removed from goods being repaired separate from the parts removed from any other goods and, if their return is requested by the consumer, shall return the parts in a clean container.  2002, c. 30, Sched. A, s. 61 (2). Exception (3) Subsections (1) and (2) do not apply to, (a) parts for which there has been no charge for the part or for work on or repair to the part; or (b) parts replaced under warranty whose return to the manufacturer or distributor is required.  2002, c. 30, Sched. A, s. 61 (3).
62 The repairer shall, on completion of work or repairs, deliver to the consumer an invoice containing the prescribed information in the prescribed manner.  2002, c. 30, Sched. A, s. 62.
63 (1) On the repair of a vehicle, every repairer shall be deemed to warrant all new or reconditioned parts installed and the labour required to install them for a minimum of 90 days or 5,000 kilometres, whichever comes first, or for such greater minimum as may be prescribed.  2002, c. 30, Sched. A, s. 63 (1). Same (2) The warranty in subsection (1) is in addition to the deemed and implied conditions and warranties set out in section 9.  2002, c. 30, Sched. A, s. 63 (2). Failure of work or repairs under warranty (3) The person having charge of a vehicle that becomes inoperable or unsafe to drive because of the failure or inadequacy of work or repairs to which a warranty under this section applies may, when it is not reasonable to return the vehicle to the original repairer, have the failure or inadequacy repaired at the closest facility available for the work or repairs.  2002, c. 30, Sched. A, s. 63 (3). Recovery of cost of failed work or repairs (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.  2002, c. 30, Sched. A, s. 63 (4). Loss of warranty (5) A consumer who subjects any vehicle part to misuse or abuse is not entitled to the benefit of the warranty on that part.  2002, c. 30, Sched. A, s. 63 (5). Same (6) No repairer shall refuse to reimburse a consumer because of the operation of subsection (5) unless the repairer has reasonable grounds to believe that the part under warranty was subjected to misuse or abuse.  2002, c. 30, Sched. A, s. 63 (6). Return of parts (7) A consumer who is seeking reimbursement under this section shall return, upon the request and at the expense of the original repairer, the defective parts to the original repairer unless, in the circumstances, it is not reasonably possible for the consumer to do so.  2002, c. 30, Sched. A, s. 63 (7). Reimbursement (8) An original repairer who is required to make a payment under this section is entitled to recover from the supplier of a defective part any amount paid to the consumer under subsection (4).  2002, c. 30, Sched. A, s. 63 (8).
64 No repairer shall give an estimate or charge an amount for work or repairs that is greater than that usually given or charged by that repairer for the same work or repairs merely because the cost is to be paid, directly or indirectly, by an insurance company licensed under the Insurance Act.  2002, c. 30, Sched. A, s. 64.
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.  2002, c. 30, Sched. A, s. 65 (1). Same (2) The Motor Vehicle Repair Act, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, applies to agreements for work or repair to a vehicle entered into before its repeal.  2002, c. 30, Sched. A, s. 65 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, Part VI.1 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) PART VI.1   TOW AND STORAGE SERVICES
65.1 In this Part, “tow and storage provider” means any of the following: 1. A tow and storage services operator. 2. A tow truck broker. 3. 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”) “tow truck driver” means, subject to the regulations, (a) an individual who drives or has the care and control of a tow truck for the purpose of providing tow services to a consumer, and (b) any other prescribed person; (“conducteur de dépanneuse”) “vehicle” means a motor vehicle as defined in the Highway Traffic Act. (“véhicule”) 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.1 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
65.2 (1) This Part applies to consumer transactions involving tow and storage services regardless of, (a) whether the authorization for tow and storage services is made by the owner or driver of a vehicle, a person acting on behalf of the owner or driver or a prescribed person; and (b) whether payment for the transaction is made or reimbursed by a third party, including a commercial or governmental entity. 2014, c. 9, Sched. 1, s. 2. Non-application (2) This Part or any provision of this Part does not apply in respect of prescribed persons or with respect to prescribed circumstances. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.2 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
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. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.3 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
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. 2014, c. 9, Sched. 1, s. 2. Exceeding estimated amount (2) Subject to the regulations, where an authorization under subsection (1) includes an authorization in respect of an estimated amount that may be paid for the services or an estimate based on a method of computing an amount that may be paid for the services, no tow and storage provider shall charge for services an amount that exceeds by more than 10 per cent the authorized estimated amount or the amount computed in the authorized manner. 2014, c. 9, Sched. 1, s. 2. Authorization to be recorded (3) If an authorization required by this section is not given in writing, the authorization is not effective unless it is recorded in a manner that meets the prescribed requirements. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.4 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
65.5 A tow and storage provider shall post the prescribed price information and other prescribed information, which may include stickers, labels and other visual identifiers, in accordance with the prescribed requirements. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.5 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
65.6 Unless the regulations provide otherwise, before demanding or receiving payment from a consumer or a prescribed person acting on behalf of the consumer, a tow and storage provider shall deliver to the consumer or the prescribed person an invoice detailing the tow and storage services provided, including an itemized list of the services and the cost for each as well as the total cost and such additional information as may be prescribed, in the prescribed manner. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.6 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
65.7 (1) A tow and storage provider shall maintain insurance coverage for prescribed kinds of liability in the prescribed amounts. 2014, c. 9, Sched. 1, s. 2. Failure to maintain required insurance (2) If a tow and storage provider fails to maintain the prescribed insurance coverage, the provider shall not demand or receive payment from a consumer or a person acting on behalf of the consumer in respect of tow and storage services provided while failing to maintain the prescribed insurance coverage. 2014, c. 9, Sched. 1, s. 2. Evidence of coverage (3) A tow and storage provider shall produce evidence of insurance coverage in the prescribed circumstances and in the prescribed manner. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.7 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
65.8 A tow and storage provider shall maintain a current statement of rates charged and shall make the statement available publicly and, where the regulations prescribe the form and manner of the statement and its publication, shall do so in the prescribed manner. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.8 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
65.9 A tow and storage provider shall not charge an amount for tow and storage services that is greater than the amount usually charged by that provider for the same services merely because the cost is to be paid, directly or indirectly, by an insurer licensed under the Insurance Act or another third party. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.9 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
65.10 (1) A tow and storage provider who, directly or indirectly, has an interest in a location or facility to which a vehicle may be towed for repair, storage, appraisal or similar purposes shall disclose, to the consumer whose vehicle is being towed and to any other persons that may be prescribed, the nature and extent of the interest, in accordance with the prescribed requirements and in the prescribed form and manner. 2014, c. 9, Sched. 1, s. 2. Failure to make required disclosure (2) If a tow and storage provider fails to make the disclosure required under subsection (1), the provider shall not demand or receive payment from a consumer or a person acting on behalf of the consumer in respect of tow and storage services provided before disclosure is made. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.10 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
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). 2014, c. 9, Sched. 1, s. 2. Regulations (2) The Minister may make regulations establishing a Tow and Storage Consumers Bill of Rights for the purposes of subsection (1) and governing how and when it is to be provided. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.11 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
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. 2014, c. 9, Sched. 1, s. 2. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 65.12 (1) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 12) Same (2) Access under subsection (1) shall be made in the prescribed manner and within the prescribed time. 2014, c. 9, Sched. 1, s. 2. No charge to consumer (3) A tow and storage provider shall not charge a fee for permitting access in accordance with subsection (1) unless the regulations provide otherwise. 2014, c. 9, Sched. 1, s. 2. No pressuring (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. 2014, c. 9, Sched. 1, s. 2. Failure to comply with section (5) For greater certainty, and without limiting the application of Part III, failure to comply with this section is an unfair practice for purposes of section 18 and the rights and remedies of section 18 apply. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.12 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2018, c. 3, Sched. 5, s. 14 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 12 - not in force 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
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 or any other prescribed Act. 2014, c. 9, Sched. 1, s. 2. Furnishing false information and documents (2) No tow and storage provider shall furnish, assist in furnishing or induce or counsel a consumer to furnish or assist in furnishing any information or documents that the consumer is required to provide under this Act, the Compulsory Automobile Insurance Act, the Highway Traffic Act, the Insurance Act or any other prescribed Act if the information or documents are false or deceptive. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.13 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
65.14 No tow and storage provider shall counsel, advise or knowingly assist a consumer to contravene this Act, the Compulsory Automobile Insurance Act, the Highway Traffic Act, the Insurance Act or any other prescribed Act. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.14 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
65.15 A tow and storage provider shall accept payment for tow and storage services by credit card, cash or any other prescribed payment method at the consumer’s choice. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.15 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
65.16 A tow and storage provider shall not engage in practices that are prescribed as prohibited practices. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.16 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
65.17 A tow and storage provider shall comply with all other prescribed duties and obligations. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.17 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
65.18 If the regulations provide for the manner in which charges are to be calculated or the maximum amount of charges that will apply with respect to one or more tow or storage services, a tow and storage provider shall not charge for the tow and storage services except as provided for in the regulations. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.18 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
65.19 A tow and storage provider shall maintain such records as are prescribed and shall submit such reports as are prescribed to the prescribed persons and in the prescribed manner. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.19 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
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. 2014, c. 9, Sched. 1, s. 2. Failure to meet qualifications (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. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.20 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024
65.21 (1) Sections 65.1 to 65.20 apply to consumer transactions for tow and storage services that are entered into on or after the day this section is proclaimed in force. 2014, c. 9, Sched. 1, s. 2. Same (2) Other than any provisions that may be prescribed, the provisions of this Part apply to consumer agreements for tow and storage services if the agreement was entered into before the day this section is proclaimed in force and the vehicle in respect of which tow and storage services have been provided is still in the possession or under the control of the tow and storage provider. 2014, c. 9, Sched. 1, s. 2. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 65.21 of the Act is repealed. (See: 2021, c. 26, Sched. 3, s. 65 (2)) Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024 PART VII   CREDIT AGREEMENTS General
67 (1) This Part and the regulations made under it do not apply to a payday loan agreement as defined in subsection 1 (1) of the Payday Loans Act, 2008 and do not apply to a supplier credit agreement that, (a) requires the borrower to make payment in full in a single payment within a certain period after the supplier delivers a written invoice or statement of account to the borrower; (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 or services supplied through the agreement that may arise by operation of law; and (e) the supplier cannot assign in the ordinary course of business other than as security.  2002, c. 30, Sched. A, s. 67 (1); 2008, c. 9, s. 79 (8). Obligations of loan brokers (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.  2004, c. 19, s. 7 (16). (3) Repealed:  2004, c. 19, s. 7 (17). (4) Repealed:  2004, c. 19, s. 7 (17). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (16, 17) - 30/07/2005 2008, c. 9, s. 79 (8) - 01/07/2009
68 (1) Despite section 13, a consumer who applies for a credit card without signing an application form or who receives a credit card from a credit card issuer without applying for it shall be deemed to have entered into a credit agreement with the issuer with respect to the card on first using the card.  2002, c. 30, Sched. A, s. 68 (1). Liability (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.  2002, c. 30, Sched. A, s. 68 (2).
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.  2004, c. 19, s. 7 (18). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (18) - 30/07/2005
70 A borrower under a credit agreement is not liable to pay the lender, (a) the cost of borrowing under a credit agreement if the borrower receives no statements required by this Part; or (b) as part of the cost of borrowing, any amount in excess of the amounts specified in the statements that this Part requires to be delivered to the borrower in respect of the agreement.  2002, c. 30, Sched. A, s. 70.
71 If there is an error in a statement of account issued under a credit agreement for open credit, the lender shall correct the error in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 71.
72 (1) A borrower who is required under a credit agreement to purchase insurance may purchase it from any insurer who may lawfully provide that type of insurance, except that the lender may reserve the right to disapprove, on reasonable grounds, an insurer selected by the borrower.  2002, c. 30, Sched. A, s. 72 (1). Disclosure by lender (2) A lender who offers to provide or to arrange insurance required under a credit agreement shall at the same time disclose to the borrower in writing that the borrower may purchase the insurance through an agent or an insurer of the borrower’s choice.  2002, c. 30, Sched. A, s. 72 (2).
73 (1) A borrower may terminate an optional service of a continuing nature provided by the lender or an associate of the lender on giving 30 days notice or such shorter period of notice as is specified in the agreement under which the service is provided.  2002, c. 30, Sched. A, s. 73 (1). Liability of borrower (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.  2002, c. 30, Sched. A, s. 73 (2). Notice (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.  2002, c. 30, Sched. A, s. 73 (3).
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.  2002, c. 30, Sched. A, s. 74 (1). Waiver of interest (2) If the lender does not comply with subsection (1), the lender shall be deemed to have waived the interest that would otherwise accrue during the period.  2002, c. 30, Sched. A, s. 74 (2).
75 A lender is not entitled to impose on a borrower under a credit agreement default charges other than, (a) reasonable charges in respect of legal costs that the lender incurs in collecting or attempting to collect a required payment by the borrower under the agreement; (b) reasonable charges in respect of costs, including legal costs, that the lender incurs in realizing a security interest or protecting the subject-matter of a security interest after default under the agreement; or (c) reasonable charges reflecting the costs that the lender incurs because a cheque or other instrument of payment given by the borrower under the agreement has been dishonoured.  2002, c. 30, Sched. A, s. 75.
76 (1) A borrower is entitled to pay the full outstanding balance under a credit agreement at any time without any prepayment charge or penalty.  2002, c. 30, Sched. A, s. 76 (1); 2008, c. 9, s. 79 (9). Refund or credit to borrower (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.  2004, c. 19, s. 7 (19); 2008, c. 9, s. 79 (9). (3) Repealed:  2004, c. 19, s. 7 (19). Partial prepayment (4) A borrower is entitled to prepay a portion of the outstanding balance under a credit agreement for fixed credit on any scheduled date of the borrower’s required payments under the agreement or once in any month without any prepayment charge or penalty.  2002, c. 30, Sched. A, s. 76 (4); 2008, c. 9, s. 79 (10). No credit to borrower (5) A borrower who makes a payment under subsection (4) is not entitled to the refund or credit described in subsection (2).  2004, c. 19, s. 7 (20). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (19, 20) - 30/07/2005 2008, c. 9, s. 79 (9, 10) - 01/07/2009 Disclosure
77 No lender shall make representations or cause representations to be made with respect to a credit agreement, whether orally, in writing or in any other form, unless the representations comply with the prescribed requirements.  2002, c. 30, Sched. A, s. 77.
78 (1) If the borrower pays or is liable to pay a brokerage fee to a loan broker, either directly or through a deduction from an advance, the initial disclosure statement for the credit agreement must, (a) disclose the amount of the brokerage fee; and (b) account for the brokerage fee in the annual percentage rate and in the cost of borrowing.  2004, c. 19, s. 7 (21). Loan broker’s statement (2) If a loan broker takes an application from a borrower for a credit agreement and sends it to a lender, the loan broker shall deliver to the borrower an initial disclosure statement that includes the information required in the initial disclosure statement referred to in subsections (1) and 79 (1).  2004, c. 19, s. 7 (21). Lender adopting loan broker’s statement (3) If a loan broker has delivered an initial disclosure statement to the borrower, the lender may adopt it as his, her or its own initial disclosure statement or may elect to deliver a separate initial disclosure statement to the borrower.  2002, c. 30, Sched. A, s. 78 (3); 2004, c. 19, s. 7 (22). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (21, 22) - 30/07/2005
79 (1) Every lender shall deliver an initial disclosure statement for a credit agreement to the borrower at or before the time that the borrower enters into the agreement, unless the lender has adopted the loan broker’s initial disclosure statement as his, her or its own.  2004, c. 19, s. 7 (23). Contents of statement, fixed credit (2) The initial disclosure statement for a credit agreement for fixed credit shall disclose the prescribed information.  2002, c. 30, Sched. A, s. 79 (2). Contents of statement, open credit (3) The initial disclosure statement for a credit agreement for open credit shall disclose the prescribed information.  2002, c. 30, Sched. A, s. 79 (3). Brokerage fee (4) If a loan broker assists in arranging a credit agreement, the initial disclosure statement shall disclose the prescribed information.  2002, c. 30, Sched. A, s. 79 (4). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (23) - 30/07/2005
80 (1) If the interest rate in a credit agreement for fixed credit is a floating rate, the lender shall, at least once every 12 months after entering into the agreement, deliver to the borrower a disclosure statement for the period covered by the statement disclosing the prescribed information.  2002, c. 30, Sched. A, s. 80 (1). Increase in interest rate (2) If the interest rate in a credit agreement for fixed credit is not a floating rate and the agreement allows the lender to change the interest rate, the lender shall, within 30 days after increasing the annual interest rate to a rate that is at least 1 per cent higher than the rate most recently disclosed to the borrower, deliver to the borrower a disclosure statement disclosing the prescribed information.  2002, c. 30, Sched. A, s. 80 (2). Insufficient scheduled payments (3) The lender shall deliver to the borrower notice if the amount of the borrower’s scheduled payments required by a credit agreement for fixed credit is no longer sufficient to cover the interest accrued under the agreement because the principal set out in the agreement has increased as a result of default charges or the failure of the borrower to make payments under the agreement.  2002, c. 30, Sched. A, s. 80 (3). Notice (4) The notice under subsection (3) shall be in writing, shall disclose the situation and shall be delivered within 30 days after the point when the amount of the scheduled payments is no longer sufficient to cover the accrued interest.  2002, c. 30, Sched. A, s. 80 (4). Amendments (5) Subject to subsection (6), if the parties have agreed to amend a credit agreement for fixed credit and the amendment changes any of the information prescribed under subsection 79 (2), the lender shall, within 30 days after the amendment is made, deliver to the borrower a supplementary disclosure statement setting out the changed information.  2004, c. 19, s. 7 (24). Exception (6) If an amendment to a credit agreement consists only of a change in the schedule of required payments by the borrower, it is not necessary for the supplementary disclosure statement to disclose any change to the annual percentage rate or any decrease in the total required payments by the borrower or the total cost of borrowing under the agreement.  2002, c. 30, Sched. A, s. 80 (6). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (24) - 30/07/2005
81 (1) Subject to subsection (2), the lender under a credit agreement for open credit shall deliver a statement of account to the borrower at least once monthly after entering into the agreement.  2002, c. 30, Sched. A, s. 81 (1). Exception (2) The lender is not required to deliver a statement of account to the borrower at the end of any period when, since the most recent statement of account, the borrower has received no advances and made no payments under the agreement and, (a) at the end of the period the outstanding balance payable by the borrower under the agreement is zero; or (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.  2002, c. 30, Sched. A, s. 81 (2). Information about account (3) The lender shall provide to the borrower a telephone number at which the borrower can make inquiries about the borrower’s account during the lender’s ordinary business hours without incurring any charges for the telephone call.  2002, c. 30, Sched. A, s. 81 (3). Contents of statement of account (4) A statement of account for a credit agreement for open credit shall disclose the prescribed information.  2002, c. 30, Sched. A, s. 81 (4). Change in interest rate (5) A lender under a credit agreement for open credit who, pursuant to the agreement, changes the interest rate under the agreement shall deliver a disclosure statement to the borrower disclosing the change, (a) in the next statement of account after the change, in the case of a credit agreement that is not for a credit card; and (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. A, s. 81 (5). Other changes (6) Subject to subsection (7), if the parties have agreed to amend a credit agreement for open credit and the amendment changes any of the information prescribed under subsection 79 (3), the lender shall, within 30 days after the amendment is made, deliver to the borrower a supplementary disclosure statement setting out the changed information.  2004, c. 19, s. 7 (25). Same (7) If the parties have agreed to amend a credit agreement for open credit in respect of a credit card and the amendment changes any of the information prescribed under subsection 79 (3), the lender shall deliver to the borrower a supplementary disclosure statement setting out the changed information, (a) within 30 days after the amendment is made, if the change is not a material change, as prescribed; and (b) at least 30 days before the amendment is made, if the change is a material change, as prescribed.  2004, c. 19, s. 7 (25). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (25) - 30/07/2005 Assignment of Security for Credit
82 (1) If a person assigns a negotiable instrument given to secure credit or a loan of money, the person shall deliver to the assignee with the negotiable instrument a copy of the statement required by section 79 and, if the person is a supplier creditor, a copy of the consumer agreement for the goods or services that were obtained with the fixed credit.  2004, c. 19, s. 7 (26). Reassignment of negotiable instrument (2) Every assignee of a negotiable instrument who reassigns the instrument shall deliver to the person to whom the instrument is being reassigned the statement and the consumer agreement, if any, received by the assignee in respect of the instrument.  2002, c. 30, Sched. A, s. 82 (2). Indemnity (3) If an assignee of a negotiable instrument to which subsection (2) applies is entitled to recover on the instrument from the maker, the maker is entitled to be indemnified by any assignor of the instrument who has not complied with subsection (1) or (2), as the case may be.  2002, c. 30, Sched. A, s. 82 (3). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (26) - 30/07/2005
83 (1) If a lender assigns to a person the lender’s rights in connection with the extension of credit or the lending of money to a borrower, the assignee has no greater rights than, and is subject to the same obligations, liabilities and duties as, the assignor in connection with the extension of the credit or the lending of the money, and the provisions of this Act apply equally to such assignee.  2004, c. 19, s. 7 (27). Same (2) Despite subsection (1), a borrower shall not recover from, or be entitled to set off against, an assignee of the lender an amount greater than the balance owing under the consumer agreement at the time of the assignment, and, if there have been two or more assignments, the borrower shall not recover from an assignee who no longer holds the benefit of the consumer agreement an amount that exceeds the payments made by the borrower to that assignee.  2004, c. 19, s. 7 (27). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (27) - 30/07/2005
84 (1) If an assignor of a negotiable instrument is convicted of a contravention of section 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).  2002, c. 30, Sched. A, s. 84 (1). Filing indemnity order in court (2) If an indemnity order is made under subsection (1) in favour of a person who is or becomes liable under a judgment of a court to an assignee of the negotiable instrument in respect of which the indemnity order was made, the person entitled to the indemnity may file the indemnity order in the court office of the court in which the judgment was issued.  2002, c. 30, Sched. A, s. 84 (2). Default judgment (3) Upon the filing of the indemnity order, the local registrar or clerk of the court shall issue a default judgment in favour of the person entitled to the indemnity and against the person required by the indemnity order to give the indemnity, and the amount of the default judgment shall be the amount of the judgment referred to in subsection (1) and costs together with the costs of issuing the default judgment, or such lesser amount as the person entitled to the indemnity by requisition requests.  2002, c. 30, Sched. A, s. 84 (3). Setting aside or variation of default judgment (4) Upon application, the court in which the default judgment is issued may set aside the default judgment or may determine the amount of the indemnity or make an order of reference for the purpose and may vary the amount of the default judgment.  2002, c. 30, Sched. A, s. 84 (4).
85 (1) If the amount to be paid by a consumer under a consumer agreement is determined after an allowance for a trade-in and is stated in the consumer agreement to be subject to adjustment after the existence or amount of liens against the trade-in is ascertained or confirmed, any statements of the terms of payment and the cost of borrowing, as required under this Act, shall be based upon the amount as determined upon the information provided by the consumer.  2002, c. 30, Sched. A, s. 85 (1). Further adjustments (2) If there is an additional adjustment to the amount to be paid by a consumer under a consumer agreement to which subsection (1) applies after the adjustment under subsection (1), the consumer agreement shall not be adjusted to change, (a) the percentage rate by which the cost of borrowing is expressed; (b) the total number of instalments required to pay the total indebtedness; or (c) the price shown in the consumer agreement.  2002, c. 30, Sched. A, s. 85 (2). Part VII.1   AGREEMENTS FOR CASHING Government Cheques
85.1 In this Part, “bank” means a bank, authorized foreign bank or federal credit union as defined in section 2 of the Bank Act
(Canada); (“banque”) “credit union” has the same meaning as in the Credit Unions and Caisses Populaires Act, 2020; (“caisse”, “caisse populaire”) “federal government” means the Government of Canada and any department, agency, board, commission, official or other body of the Government of Canada; (“gouvernement fédéral”) “government agency” means the Crown in right of Ontario, an agency of the Crown in right of Ontario, a municipal government, a prescribed municipal agency or any other prescribed entity; (“organisme gouvernemental”) “government cheque” means a cheque issued to a consumer by the Government of Ontario, a government agency or the federal government. (“chèque du gouvernement”) 2017, c. 5, Sched. 2, s. 17; 2020, c. 36, Sched. 7, s. 303 (2). Section Amendments with date in force (d/m/y) 2017, c. 5, Sched. 2, s. 17 - 01/07/2018 2020, c. 36, Sched. 7, s. 303 (2) - 01/03/2022
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. 2017, c. 5, Sched. 2, s. 17. Non-application to banks (2) For greater certainty, this Part does not apply to a consumer agreement under which a bank cashes a government cheque for a consumer. 2017, c. 5, Sched. 2, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 5, Sched. 2, s. 17 - 01/07/2018
85.3 A supplier under a consumer agreement to which this Part applies shall display the prescribed information in the prescribed manner and in accordance with the prescribed requirements. 2017, c. 5, Sched. 2, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 5, Sched. 2, s. 17 - 01/07/2018
85.4 (1) A supplier under a consumer agreement to which this Part applies shall not charge the consumer a fee for cashing a government cheque if the fee exceeds the prescribed amount. 2017, c. 5, Sched. 2, s. 17. Amount of fee (2) For the purposes of subsection (1), the prescribed amount of the fee for cashing a government cheque may be, (a) a fixed amount; (b) a percentage of the face value of the cheque or any other amount calculated on the basis of the face value of the cheque; (c) an amount that results from the application of any combination of clauses (a) and (b); or (d) any amount determined by any other prescribed means. 2017, c. 5, Sched. 2, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 5, Sched. 2, s. 17 - 01/07/2018
85.5 A supplier under a consumer agreement to which this Part applies who cashes a government cheque for the consumer shall provide the consumer, in accordance with the prescribed requirements, with a statement setting out the prescribed information with respect to the cashing of the cheque. 2017, c. 5, Sched. 2, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 5, Sched. 2, s. 17 - 01/07/2018 PART VIII   LEASing
86 In this Part, “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”) “residual obligation lease” means a lease under which the lessor may require the lessee at the end of the lease term to pay the lessor an amount based in whole or in part on the difference, if any, between, (a) the estimated wholesale value of the leased goods at the end of the lease term, and (b) the realizable value of the leased goods at the end of the lease term. (“bail à obligation résiduelle”)  2002, c. 30, Sched. A, s. 86; 2004, c. 19, s. 7 (28-30). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (28-30) - 30/07/2005
87 This Part applies to, (a) leases for a fixed term of four months or more; (b) leases for an indefinite term or that are renewed automatically until one of the parties takes positive steps to terminate them; and (c) residual obligation leases.  2002, c. 30, Sched. A, s. 87; 2004, c. 19, s. 7 (31, 32). 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. 2, s. 18) (d) such other leases that are prescribed. Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (31, 32) - 30/07/2005 2017, c. 5, Sched. 2, s. 18 - not in force
88 Any person who makes representations or causes representations to be made about the cost of a lease, whether orally, in writing or in any other form, shall do so in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 88; 2004, c. 19, s. 7 (33). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (33) - 30/07/2005
89 (1) Every lessor shall deliver a disclosure statement for a lease to the lessee before the earlier of, (a) the time that the lessee enters into the lease; and (b) the time that the lessee makes any payment in connection with the lease.  2002, c. 30, Sched. A, s. 89 (1); 2004, c. 19, s. 7 (34). Contents of statement (2) The disclosure statement for a lease shall disclose the prescribed information.  2002, c. 30, Sched. A, s. 89 (2); 2004, c. 19, s. 7 (34). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (34) - 30/07/2005
90 (1) The maximum amount of compensation that may be charged to a lessee by a lessor for termination of a lease before the end of the lease term may be limited as prescribed.  2002, c. 30, Sched. A, s. 90 (1); 2004, c. 19, s. 7 (34). Residual obligation lease (2) The maximum liability of the lessee at the end of the term of a residual obligation lease after returning the leased goods to the lessor shall be the amount calculated in the prescribed manner.  2002, c. 30, Sched. A, s. 90 (2); 2004, c. 19, s. 7 (34). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (34) - 30/07/2005 part IX   procedures for consumer remedies
91 This Part does not apply to remedies claimed in respect to unfair practices under Part III.  2002, c. 30, Sched. A, s. 91.