1 In this Act, Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 14, Sched. 3, s. 1) “administrative penalty” means an administrative penalty imposed under section 104.0.1; (“pénalité administrative”) “consumer” means an individual acting for personal, family or household purposes and does not include a person who is acting for business purposes; (“consommateur”) “consumer agreement” means an agreement between a supplier and a consumer in which, (a) the supplier agrees to supply goods or services for payment, or (b) the supplier agrees to provide rewards points to the consumer, on the supplier’s own behalf or on behalf of another supplier, when the consumer purchases goods or services or otherwise acts in a manner specified in the agreement; (“convention de consommation”) “consumer transaction” means any act or instance of conducting business or other dealings with a consumer, including a consumer agreement; (“opération de consommation”) “credit card” means a card or device under which a borrower can obtain advances under a credit agreement, as defined in Part VII, for open credit; (“carte de crédit”) “Director” means the person designated as the Director under the Ministry of Consumer and Business Services Act; (“directeur”) “future performance agreement” means a consumer agreement in respect of which delivery, performance or payment in full is not made when the parties enter the agreement; (“convention à exécution différée”) “goods” means any type of property; (“marchandises”) “initiation fee” means a fee in addition to an annual membership fee; (“droit d’entrée”) “internet” means the decentralized global network connecting networks of computers and similar devices to each other for the electronic exchange of information using standardized communication protocols; (“Internet”) “internet gaming site” means an internet site that accepts or offers to accept wagers or bets over the internet, (a) as part of the playing of or participation in any game of chance or mixed chance and skill that is to take place inside or outside of Canada, or (b) on any contingency or on any event that may or is to take place inside or outside of Canada, including, without restricting the generality of the foregoing, a casino game, card game, horse race, fight, match, sporting event or contest; (“site de jeux en ligne”) “loan broker” means, (a) a supplier of loan brokering, or (b) a person who holds themself out to be a person described in clause (a); (“courtier en prêts”) “loan brokering” means services or goods that are intended to assist a consumer in obtaining credit or a loan of money, including obtaining credit or a loan of money from the loan broker who is providing the services or goods to the consumer; (“courtage en prêts”) “Minister” means the Minister of Consumer and Business Services or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; (“ministre”) “Ministry” means the Ministry of Consumer and Business Services; (“ministère”) “officer” includes the chair and any vice-chair of the board of directors, the president and any vice-president, the secretary and assistant secretary, the treasurer and assistant treasurer and the general manager and assistant general manager of the corporation or a partner or general manager and assistant general manager of a partnership, any other individual designated as an officer by by-law or resolution or any other individual who performs functions normally performed by an individual occupying such office; (“dirigeant”) “open credit” means credit or a loan of money under a credit agreement, as defined in Part VII, that, (a) anticipates multiple advances to be made as requested by the borrower in accordance with the agreement, and (b) does not define the total amount to be advanced to the borrower under the agreement, although it may impose a credit limit; (“crédit en blanc”) “payment” means consideration of any kind, including an initiation fee; (“paiement”) “prescribed” means prescribed by regulations made under this Act; (“prescrit”) “regulations” means regulations made under this Act; (“règlements”) “representation” means a representation, claim, statement, offer, request or proposal that is or purports to be, (a) made respecting or with a view to the supplying of goods or services to consumers, or (b) made for the purpose of receiving payment for goods or services supplied or purporting to be supplied to consumers; (“assertion”) “rewards points” means, subject to the regulations, points provided to a consumer under a consumer agreement that can be exchanged for money, goods or services; (“points de récompense”) “services” means anything other than goods, including any service, right, entitlement or benefit; (“services”) “supplier” means a person who is in the business of selling, leasing or trading in goods or services or is otherwise in the business of supplying goods or services, including the supply of rewards points, and includes an agent of the supplier and a person who holds themself out to be a supplier or an agent of the supplier; (“fournisseur”) “trade-in allowance” means the greater of, (a) the price or value of the consumer’s goods or services as set out in a trade-in arrangement, and (b) the market value of the consumer’s goods or services when taken in trade under a trade-in arrangement; (“valeur de reprise”) “trade-in arrangement” means an arrangement under which a consumer agrees to sell his or her own goods or services to the supplier and the supplier accepts the goods or services as all or part of the consideration for supplying goods or services; (“convention de reprise”) “Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or such other tribunal as may be prescribed. (“Tribunal”)  2002, c. 30, Sched. A, s. 1; 2004, c. 19, s. 7 (1-4); 2006, c. 34, s. 8 (1); 2008, c. 9, s. 79 (1); 2013, c. 13, Sched. 2,  s. 1; 2016, c. 34, s. 1; 2017, c. 5, Sched. 2, s. 13. Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (1-4)
- 30/07/2005 2006, c. 34, s. 8 (1)
- 01/01/2008 2008, c. 9, s. 79 (1)
- 01/07/2009 2013, c. 13, Sched. 2, s. 1 - 12/12/2013 2016, c. 34, s. 1 (1-3)
- 01/01/2018 2017, c. 5, Sched. 2, s. 13 - 13/04/2017 2020, c. 14, Sched. 3, s. 1 - not in force