jswizzle3737/ontario_laws_and_regs huggingface dataset:
92 (1) If this Act requires a consumer to give notice to a supplier to request a remedy, the consumer may do so by giving notice in accordance with this section.  2002, c. 30, Sched. A, s. 92 (1). Same (2) The notice may be expressed in any way, as long as it indicates the intention of the consumer to seek the remedy being requested and complies with any requirements that may be prescribed.  2002, c. 30, Sched. A, s. 92 (2). Giving notice (3) Unless the regulations require otherwise, the notice may be oral or in writing and may be given by any means.  2004, c. 19, s. 7 (35). Notice given when sent (4) If notice in writing is given other than by personal service, the notice shall be deemed to be given when sent.  2004, c. 19, s. 7 (35). Address (5) The consumer may send or deliver the notice to the address set out in a consumer agreement or, if the consumer did not receive a written copy of a consumer agreement or the address was not set out in the written agreement, the consumer may send or deliver the notice, (a) to any address of the supplier on record with the Government of Ontario or the Government of Canada; or (b) to an address of the supplier known by the consumer.  2002, c. 30, Sched. A, s. 92 (5); 2013, c. 13, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (34, 35) - 30/07/2005 2013, c. 13, Sched. 2, s. 6 - 12/12/2013.
93 (1) A consumer agreement is not binding on the consumer unless the agreement is made in accordance with this Act and the regulations.  2002, c. 30, Sched. A, s. 93. Court may order consumer bound (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.  2004, c. 19, s. 7 (36). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (36) - 30/07/2005
94 (1) If a consumer has a right to cancel a consumer agreement under this Act, the consumer may cancel the agreement by giving notice in accordance with section 92.  2002, c. 30, Sched. A, s. 94 (1). Effective time (2) The cancellation takes effect when the consumer gives notice.  2002, c. 30, Sched. A, s. 94 (2).
95 The cancellation of a consumer agreement in accordance with this Act operates to cancel, as if they never existed, (a) the consumer agreement; (b) all related agreements; (c) all guarantees given in respect of money payable under the consumer agreement; (d) all security given by the consumer or a guarantor in respect of money payable under the consumer agreement; and (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 consumer agreement, or (ii) otherwise related to the consumer agreement.  2002, c. 30, Sched. A, s. 95.
96 (1) If a consumer cancels a consumer agreement, the supplier shall, in accordance with the prescribed requirements,  (a) refund to the consumer any payment made under the agreement or any related agreement; and (b) return to the consumer in a condition substantially similar to when they were delivered all goods delivered under a trade-in arrangement or refund to the consumer an amount equal to the trade-in allowance.  2002, c. 30, Sched. A, s. 96 (1). Repossession or return of goods (2) Upon cancelling a consumer agreement, the consumer, in accordance with the prescribed requirements and in the prescribed manner, shall permit the goods that came into the consumer’s possession under the agreement or a related agreement to be repossessed, shall return the goods or shall deal with them in such manner as may be prescribed.  2002, c. 30, Sched. A, s. 96 (2). Reasonable care (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.  2004, c. 19, s. 7 (37). To whom obligation owed (4) The consumer owes the obligation described in subsection (3) to the person entitled to possession of the goods at the time in question.  2002, c. 30, Sched. A, s. 96 (4). No further obligation (5) Compliance with this section discharges the consumer from all obligations relating to the goods and the consumer is under no other obligation, whether arising by contract or otherwise, to take care of the goods.  2002, c. 30, Sched. A, s. 96 (5). Right of action (6) If a consumer has cancelled a consumer agreement and the supplier has not met the supplier’s obligations under subsection (1), the consumer may commence an action.  2002, c. 30, Sched. A, s. 96 (6). Same (7) If a consumer has cancelled a consumer agreement and has not met the consumer’s obligations under this section, the supplier or the person to whom the obligation is owed may commence an action.  2004, c. 19, s. 7 (38). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (37, 38) - 30/07/2005
97 If the consumer recovers an amount equal to the trade-in allowance under subsection 96 (1) and the title of the consumer to the goods delivered under the trade-in arrangement has not passed from the consumer, the title to the goods vests in the person entitled to the goods under the trade-in arrangement.  2002, c. 30, Sched. A, s. 97.
98 (1) If a supplier has charged a fee or an amount in contravention of this Act or received a payment in contravention of this Act, the consumer who paid the charge or made the payment may demand a refund by giving notice in accordance with section 92 within one year after paying the charge or making the payment.  2004, c. 19, s. 7 (39). Supplier to provide refund (2) A supplier who receives a notice demanding a refund under subsection (1) shall provide the refund within the prescribed period of time.  2004, c. 19, s. 7 (39). Right of action (3) The consumer may commence an action in accordance with section 100 to recover, (a) the payment of a fee or an amount that was charged by the supplier in contravention of this Act; or (b) a payment that was received by the supplier in contravention of this Act.  2004, c. 19, s. 7 (39). Non-supplier (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.  2004, c. 19, s. 7 (39). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (39) - 30/07/2005
99 (1) A consumer who has charged to a credit card account all or any part of a payment described in subsection (2) may request the credit card issuer to cancel or reverse the credit card charge and any associated interest or other charges.  2002, c. 30, Sched. A, s. 99 (1). Types of payment (2) Subsection (1) applies to, (a) a payment in respect of a consumer agreement that has been cancelled under this Act or in respect of any related agreement; (b) a payment that was received in contravention of this Act; (c) a payment in respect of a fee or an amount that was charged in contravention of this Act; and (d) a payment that was collected in respect of unsolicited goods or services for which payment is not required under section 13.  2004, c. 19, s. 7 (40). Timing of request (3) A consumer may make a request under subsection (1) if the consumer has cancelled a consumer agreement or demanded a refund in accordance with this Act, and the supplier has not refunded all of the payment within the required period.  2002, c. 30, Sched. A, s. 99 (3). Request (4) A request under subsection (1) shall be in writing, shall comply with the requirements, if any, that are prescribed under subsection 92 (2), and shall be given to the credit card issuer, in the prescribed period, in accordance with section 92.  2004, c. 19, s. 7 (40). Obligations of credit card issuer (5) The credit card issuer, (a) shall, within the prescribed period, acknowledge the consumer’s request; and (b) if the request meets the requirements of subsection (4), shall, within the prescribed period, (i) cancel or reverse the credit card charge and any associated interest or other charges, or (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.  2004, c. 19, s. 7 (40). Right of action (6) A consumer may commence an action against a credit card issuer to recover a payment and associated interest and other charges to which the consumer is entitled under this section.  2002, c. 30, Sched. A, s. 99 (6). Other prescribed payment systems (7) If a consumer charges all or part of a payment described in subsection (2) to a prescribed payment system, the consumer may request that the charge be cancelled or reversed and this section applies with necessary modifications to the cancellation or reversal of such a charge.  2002, c. 30, Sched. A, s. 99 (7). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (40) - 30/07/2005
100 (1) If a consumer has a right to commence an action under this Act, the consumer may commence the action in the Superior Court of Justice.  2002, c. 30, Sched. A, s. 100 (1). Judgment (2) If a consumer is successful in an action, unless in the circumstances it would be inequitable to do so, the court shall order that the consumer recover, (a) the full payment to which he or she is entitled under this Act; and (b) all goods delivered under a trade-in arrangement or an amount equal to the trade-in allowance.  2002, c. 30, Sched. A, s. 100 (2). Same (3) In addition to an order under subsection (2), the court may order exemplary or punitive damages or such other relief as the court considers proper.  2002, c. 30, Sched. A, s. 100 (3).
101 If a consumer is required to give notice under this Act in order to obtain a remedy, a court may disregard the requirement to give the notice or any requirement relating to the notice if it is in the interest of justice to do so.  2002, c. 30, Sched. A, s. 101; 2008, c. 9, s. 79 (11). Section Amendments with date in force (d/m/y) 2008, c. 9, s. 79 (11) - 01/07/2009 PART X   Powers and Duties of Minister and Director
102 (1) The Minister may, (a) disseminate information for the purpose of educating and advising consumers; (b) provide information to consumers about the use of alternate dispute resolution techniques as a means of resolving disputes arising out of consumer transactions; and (c) enforce this Act and other legislation for the protection of consumers.  2002, c. 30, Sched. A, s. 102 (1). Delegation of powers and duties (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.  2002, c. 30, Sched. A, s. 102 (2). Same (3) The Deputy Minister of Consumer and Business Services may in writing delegate any of the powers or duties delegated to the Deputy Minister by the Minister under subsection (2) to any person employed in a specified capacity in the Ministry.  2002, c. 30, Sched. A, s. 102 (3). Enforcement agreements (4) For the purpose of enforcing this Act and other legislation for the protection of consumers, the Minister may, (a) enter into agreements with law enforcement agencies in Canada and other jurisdictions; and (b) for the purposes of clause (a), share and exchange information concerning breaches or possible breaches of this Act or other legislation for the protection of consumers.  2002, c. 30, Sched. A, s. 102 (4).
104.1 In this Part, “inspector” means a person appointed or designated under section 105.1; (“inspecteur”) “investigator” means an investigator appointed under subsection 106 (1). (“enquêteur”)  2006, c. 34, s. 8 (4); 2014, c. 9, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 34, s. 8 (4)
- 01/04/2007 2014, c. 9, Sched. 1, s. 4 - 01/04/2015
105 (1) The Ministry may, (a) receive complaints concerning conduct that may be in contravention of this Act, of other legislation for the protection of consumers or of any other prescribed Act, whether the conduct constitutes an offence or not; and (b) make inquiries, gather information and attempt to mediate or resolve complaints, as appropriate, concerning any matter that comes to its attention that may be in contravention of this Act, of other legislation for the protection of consumers or of any other prescribed Act, whether the matter constitutes an offence or not.  2002, c. 30, Sched. A, s. 105. Mediation (2) The Ministry may mediate a complaint if the parties to the complaint agree to mediation. 2017, c. 2, Sched. 12, s. 3 (4). Agreement to mediate (3) The agreement to mediate a complaint shall be signed by the parties to the complaint and be on a form approved by the Director that contains the terms and conditions of the mediation and the parties’ obligations regarding the mediation. 2017, c. 2, Sched. 12, s. 3 (4). Documents and other evidence (4) If the Ministry attempts to mediate or resolve a complaint involving a supplier and a consumer, the Ministry may request in writing that either party to the mediation provide, to the Ministry within the time specified by the Ministry, documents or other evidence that are relevant to the complaint. 2017, c. 2, Sched. 12, s. 3 (4). Supplier’s failure to respond (5) If a supplier fails to provide a document or other evidence as required by the Ministry under subsection (4), the Director shall include the supplier’s name and the record of the failure as part of the public record described in paragraph 2 of subsection 103 (2). 2017, c. 2, Sched. 12, s. 3 (4). Consumer’s failure to respond (6) If a consumer fails to provide a document or other evidence as required by the Ministry under subsection (4), the Ministry shall take no other action in relation to the mediation. 2017, c. 2, Sched. 12, s. 3 (4). Director’s powers saved (7) Nothing in a mediation or its results affects the authority of the Director to address the complaint even if the mediation results in a settlement. 2017, c. 2, Sched. 12, s. 3 (4). Protection of settlement records (8) None of the records, evidence or information that are disclosed in the course of attempting to effect a settlement and that are subject to mediation privilege shall be used or disclosed outside the attempted settlement. 2017, c. 2, Sched. 12, s. 3 (4). Protection for mediator (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. 2017, c. 2, Sched. 12, s. 3 (4). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 12, s. 3 (4) - 22/03/2017
105.1 The Director may, in writing, (a) appoint persons as inspectors for the purposes of this Act; and (b) designate persons, including persons engaged as inspectors or investigators for the purposes of any other Act, as inspectors for the purposes of this Act or for any specific purposes under this Act provided for in the designation. 2014, c. 9, Sched. 1, s. 5. Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 5 - 01/04/2015
105.3 (1) The Director may delegate to an inspector, subject to any conditions set out in the delegation, the power to make any proposal or order that the Director may make under the following sections and a proposal or order made by an inspector pursuant to such a delegation is, for all purposes, as effective as if it were made by the Director: Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 105.3 (1) of the Act is amended by adding the following paragraph: (See: 2020, c. 14, Sched. 3, s. 3) 0.1 Section 104.0.1. 1. Section 109. 2. Section 110. 3. Section 111. 4. Section 112. 5. Section 114. 6. Section 115. 7. Section 119. 2014, c. 9, Sched. 1, s. 5; 2017, c. 2, Sched. 12, s. 3 (6). In writing (2) A delegation under this section must be in writing. 2014, c. 9, Sched. 1, s. 5. References to Director (3) If an inspector has made a proposal or an order pursuant to a delegation under this section, every reference to the Director in or with respect to the section under which the proposal or order, as the case may be, was made and every reference to the Director in sections 121 and 122 is deemed to be a reference to that inspector. 2017, c. 2, Sched. 12, s. 3 (7). Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 5 - 01/04/2015 2017, c. 2, Sched. 12, s. 3 (6, 7) - 22/03/2017 2020, c. 14, Sched. 3, s. 3 - not in force
106 (1) The Director may appoint persons to be investigators for the purposes of conducting investigations.  2002, c. 30, Sched. A, s. 106 (1). Certificate of appointment (2) The Director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature.  2002, c. 30, Sched. A, s. 106 (2). Production of certificate of appointment (3) Every investigator who is conducting an investigation, including under section 107, shall, upon request, produce the certificate of appointment as an investigator.  2006, c. 34, s. 8 (5). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 8 (5) - 01/04/2007
107.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.  2006, c. 34, s. 8 (11). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (41) - 30/07/2005 2006, c. 34, s. 8 (11) - 01/04/2007
108 (1) An investigator may exercise any of the powers described in subsection 107 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.  2004, c. 19, s. 7 (42). Dwellings (2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.  2004, c. 19, s. 7 (42). Use of force (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.  2004, c. 19, s. 7 (42). Applicability of s. 107 (4) Subsections 107 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.  2004, c. 19, s. 7 (42). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (42) - 30/07/2005
108.1 (1) An investigator who seizes any thing under the authority of section 107, 107.1 or 108 shall bring it before a justice of the peace or, if that is not reasonably possible, shall report the seizure to a justice of the peace. 2019, c. 14, Sched. 10, s. 4 (4). Procedure (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of section 107, 107.1 or 108 of this Act, reading the reference in subsection 160 (1) of that Act to a document that a person is about to examine or seize under a search warrant as a reference to a thing that an investigator is about to examine or seize under the authority of section 107, 107.1 or 108 of this Act. 2019, c. 14, Sched. 10, s. 4 (4). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 10, s. 4 (4) - 10/12/2019
109 (1) If the Director believes on reasonable grounds that any person is making a false, misleading or deceptive representation in respect of any consumer transaction in an advertisement, circular, pamphlet or material published by any means, the Director may, (a) order the person to cease making the representation; and (b) order the person to retract the representation or publish a correction of equal prominence to the original publication.  2002, c. 30, Sched. A, s. 109 (1). Real property (2) Despite clause 2 (2) (f), this section applies to any representations involving real property.  2002, c. 30, Sched. A, s. 109 (2). Order effective (3) The order takes effect immediately upon being made.  2002, c. 30, Sched. A, s. 109 (3). Service (4) The Director shall serve the order, together with written reasons for it, on the person named in it.  2002, c. 30, Sched. A, s. 109 (4). Request for a hearing (5) The order shall inform the person named in it that the person may request a hearing before the Tribunal by mailing or delivering a written notice of request for a hearing to the Director and the Tribunal within 15 days after service of the order.  2002, c. 30, Sched. A, s. 109 (5). Hearing date (6) If the person gives a notice of request for a hearing within the allowed time, the Tribunal shall hold a hearing.  2002, c. 30, Sched. A, s. 109 (6). Stay of order (7) The Tribunal may stay the order until it confirms or sets aside the order under subsection (9).  2002, c. 30, Sched. A, s. 109 (7). Parties (8) The Director, the person who requested the hearing and the persons whom the Tribunal specifies are parties to the hearing.  2002, c. 30, Sched. A, s. 109 (8). Powers of Tribunal (9) After holding the hearing, the Tribunal may, (a) confirm the order with the amendments, if any, that the Tribunal considers proper to give effect to the purposes of this Act; or (b) set aside the order.  2002, c. 30, Sched. A, s. 109 (9). Same (10) In confirming or setting aside the order, the Tribunal may substitute its opinion for that of the Director.  2002, c. 30, Sched. A, s. 109 (10). Appeal (11) Even if the person named in an order made under this section appeals it under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.  2002, c. 30, Sched. A, s. 109 (11).
111 (1) If the Director believes on reasonable grounds that a person has engaged or is engaging in any activity that contravenes any requirement under this Act, whether the activity constitutes an offence or not, the Director may propose to make an order directing the person to comply with the requirement. 2020, c. 14, Sched. 3, s. 4. Order for refund (1.1) For greater certainty, if the Director proposes to make an order under subsection (1) that a person comply with clause 96 (1) (a), the proposed order may specify the amount of the refund described in that clause and include a direction to the person to pay that amount. 2020, c. 14, Sched. 3, s. 4. Notice (2) If the Director proposes to make an order under subsection (1), the Director shall serve notice of the proposed order, together with written reasons, on the person.  2002, c. 30, Sched. A, s. 111 (2). Request for hearing (3) The notice shall state that the person is entitled to a hearing by the Tribunal if the person mails or delivers, within 15 days after the notice under subsection (2) is served, notice in writing requiring a hearing to the Director and the Tribunal.  2002, c. 30, Sched. A, s. 111 (3). No hearing required (4) If the person does not require a hearing in accordance with subsection (3), the Director may make the order.  2002, c. 30, Sched. A, s. 111 (4). Hearing (5) If the person requires a hearing in accordance with subsection (3), the Tribunal shall hold the hearing and may order the Director to make the proposed order or to refrain from making the proposed order or may make an order of its own in substitution for that of the Director.  2002, c. 30, Sched. A, s. 111 (5). Conditions (6) The Tribunal may attach such conditions to its order as it considers proper.  2002, c. 30, Sched. A, s. 111 (6). Parties (7) The Director and the person who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section.  2002, c. 30, Sched. A, s. 111 (7). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 3, s. 4 - 14/07/2020
112 (1) Despite section 111, the Director may make an order requiring immediate compliance with a requirement under this Act if, in the Director’s opinion, it is the public interest to do so and subject to subsection (2), such an order takes effect immediately.  2002, c. 30, Sched. A, s. 112 (1); 2020, c. 14, Sched. 3, s. 5 (1). Order for refund (1.1) For greater certainty, if the Director makes an order for immediate compliance requiring that a person comply with clause 96 (1) (a), the order may specify the amount of the refund described in that clause and include a direction to the person to pay that amount. 2020, c. 14, Sched. 3, s. 5 (2). Notice of order (2) If the Director makes an order for immediate compliance, he or she shall serve on the person named in the order a notice that includes the order and the written reasons for making it and the information required in a notice referred to in subsection 111 (3).  2002, c. 30, Sched. A, s. 112 (2). Hearing (3) When a person named in the order requires a hearing in accordance with the notice under subsection (2), the Tribunal shall hold the hearing and may confirm or set aside the order or exercise such other powers as may be exercised in a proceeding under section 111.  2002, c. 30, Sched. A, s. 112 (3). Expiration of order (4) If a hearing by the Tribunal is required, (a) the order expires 15 days after the written request for a hearing is received by the Tribunal; or (b) the Tribunal may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period referred to in clause (a).  2002, c. 30, Sched. A, s. 112 (4). Same (5) Despite subsection (4), if it is satisfied that the conduct of the person named in the order has delayed the commencement of the hearing, the Tribunal may extend the time of the expiration for the order, (a) until the hearing commences; and (b) once the hearing commences, until the hearing is concluded.  2002, c. 30, Sched. A, s. 112 (5). Parties (6) The Director and the person who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section.  2002, c. 30, Sched. A, s. 112 (6). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 3, s. 5 (1, 2) - 14/07/2020
113 Even if, under section 11 of the Licence Appeal Tribunal Act, 1999, a party to a proceeding before the Tribunal appeals an order of the Tribunal made under section 111 or 112, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.  2002, c. 30, Sched. A, s. 113.
114 (1) At any time before all rights of appeal are exhausted or the time for appeals has expired without an appeal being commenced, any person against whom the Director has made or is considering making an order to comply under section 111 or 112 may enter into a written undertaking of voluntary compliance, (a) to not engage in the specified act after the date of the undertaking; (a.1) to refund to a consumer who cancelled a consumer agreement any payment made under the agreement or any related agreement; (b) to provide compensation to any consumer who has suffered a loss; (c) to publicize the undertaking or the actions being undertaken as a result of the undertaking; (d) to pay any cost incurred in investigating the person’s activities, any legal costs incurred in relation to the person’s activities and any cost associated with the undertakings; and (e) to take any such action as the Director considers appropriate in the circumstances.  2002, c. 30, Sched. A, s. 114 (1); 2020, c. 14, Sched. 3, s. 6. Undertaking deemed order (2) When an undertaking of voluntary compliance is accepted by the Director, the undertaking has and shall be given for all purposes of this Act the force and effect of an order made by the Director.  2002, c. 30, Sched. A, s. 114 (2). Security for any undertaking (3) The Director may require any person who is giving an undertaking of voluntary compliance to provide, in such manner and amount as the Director determines, security in the form of, (a) a personal bond accompanied by collateral security; (b) a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance; (c) a bond of a guarantor accompanied by collateral security; or (d) another prescribed form of security.  2002, c. 30, Sched. A, s. 114 (3). Release of security (4) The bond and any collateral security required under subsection (3) shall not be released until the Director is satisfied that the person has fulfilled the undertaking.  2002, c. 30, Sched. A, s. 114 (4). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 3, s. 6 - 14/07/2020
115 (1) If it appears to the Director that a person is not complying with this Act or the regulations or an order made under this Act, the Director may apply to the Superior Court of Justice for an order directing that person to comply and, upon the application, the court may make such order as the court thinks fit.  2002, c. 30, Sched. A, s. 115 (1). Same (2) Subsection (1) applies in addition to any other procedures that may be available to the Director, whether or not the Director has exercised his or her rights under such procedures.  2002, c. 30, Sched. A, s. 115 (2). Appeal (3) An appeal lies to the Divisional Court from an order made under subsection (1).  2002, c. 30, Sched. A, s. 115 (3).
117 If a person is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or make restitution.  2002, c. 30, Sched. A, s. 117.
118 (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the Director may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default.  2002, c. 30, Sched. A, s. 118 (1). Where payment made (2) Within 10 days after the Director has notice that the fine has been paid in full, the Director shall inform the consumer reporting agency of the payment.  2002, c. 30, Sched. A, s. 118 (2). Transition (3) If a fine is payable as a result of a conviction under the Business Practices Act, the Consumer Protection Act, the Loan Brokers Act, 1994, the Motor Vehicle Repair Act
or the Prepaid Services Act despite the repeal of the Act, the Director may treat the fine as if it is payable as a result of a conviction under this Act, and subsections (1) and (2) apply to such a fine in like manner as they apply to a fine payable for a conviction under this Act.  2002, c. 30, Sched. A, s. 118 (3).
120 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b) to a ministry, department or agency of a government engaged in the administration of legislation that protects consumers or to any other entity to which the administration of legislation that protects consumers has been assigned; (b.1) as authorized under the Regulatory Modernization Act, 2007; (c) to a prescribed entity or organization, if the purpose of the communication is consumer protection; (d) to a law enforcement agency; (e) to his, her or its counsel; or (f) with the consent of the person to whom the information relates.  2004, c. 19, s. 7 (44); 2007, c. 4, s. 26. Testimony (2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations.  2004, c. 19, s. 7 (44). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (44) - 30/07/2005 2007, c. 4, s. 26 - 17/01/2008
121 (1) Any notice or order required to be given or served by the Director under this Act is sufficiently given or served if,  (a) delivered personally; (b) sent by registered mail; or (c) sent by another manner if the Director can prove receipt of the notice or order.  2002, c. 30, Sched. A, s. 121 (1). Deemed service (2) Where service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice or order until a later date.  2002, c. 30, Sched. A, s. 121 (2). Exception (3) Despite subsection (1), the Tribunal may order any other method of service.  2002, c. 30, Sched. A, s. 121 (3).
122 (1) For all purposes in any proceeding, a statement purporting to be certified by the Director is, without proof of the office or signature of the Director, admissible in evidence as proof in the absence of evidence to the contrary, of the facts stated in it in relation to, (a) the filing or non-filing of any document or material required or permitted to be filed; or (b) the time when the facts upon which the proceedings are based first came to the knowledge of the Director.  2002, c. 30, Sched. A, s. 122 (1). Same (2) A statement purporting to be certified by an official acting under legislation that protects consumers in another jurisdiction, as prescribed, shall have the same force and effect as a certificate of the Director issued under subsection (1).  2002, c. 30, Sched. A, s. 122 (2). Proof of document (3) Any document made under this Act that purports to be signed by the Director or a certified copy of the document is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, that the document is signed by the Director without proof of the office or signature of the Director.  2002, c. 30, Sched. A, s. 122 (3).