jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) Subject to this section, this Act applies in respect of all consumer transactions if the consumer or the person engaging in the transaction with the consumer is located in Ontario when the transaction takes place.  2002, c. 30, Sched. A, s. 2 (1). Exceptions (2) This Act does not apply in respect of, (a) consumer transactions regulated under the Securities Act; (b) financial services related to investment products or income securities; (c) financial products or services regulated under the Insurance Act, the Credit Unions and Caisses Populaires Act, 2020, the Loan and Trust Corporations Act or the Mortgage Brokerages, Lenders and Administrators Act, 2006; (d) consumer transactions regulated under the Commodity Futures Act; (e) prescribed professional services that are regulated under a statute of Ontario; (f) consumer transactions for the purchase, sale or lease of real property, except transactions with respect to time share agreements as defined in section 20; and (g) consumer transactions regulated under the Residential Tenancies Act, 2006.  2002, c. 30, Sched. A, s. 2 (2); 2006, c. 17, s. 249; 2006, c. 29, s. 60; 2020, c. 36, Sched. 7, s. 303 (1). Same (3) This Act does not apply to the supply of a public utility or to any charge for the transmission, distribution or storage of gas as defined in the Ontario Energy Board Act, 1998
if such charge has been approved by the Ontario Energy Board.  2002, c. 30, Sched. A, s. 2 (3). (4) Repealed:  2010, c. 8, s. 36 (1). Definition (5) In this section, “public utility” means water, artificial or natural gas, electrical power or energy, steam or hot water. (“service public”)  2002, c. 30, Sched. A, s. 2 (5); 2010, c. 8, s. 36 (2). Agreement for supply of appliances (6) For greater certainty, despite clause (2) (f), this Act applies to a consumer agreement under which a supplier supplies goods to a consumer that are not part of real property at the time the parties enter into the agreement but that subsequently become so under the agreement. 2017, c. 5, Sched. 2, s. 14. Section Amendments with date in force (d/m/y) 2006, c. 17, s. 249 - 31/01/2007; 2006, c. 29, s. 60 - 1/07/2008 2010, c. 8, s. 36 - 01/01/2011 2017, c. 5, Sched. 2, s. 14 - 01/03/2018 2020, c. 36, Sched. 7, s. 303 (1) - 01/03/2022
3 In determining whether this Act applies to an entity or transaction, a court or other tribunal shall consider the real substance of the entity or transaction and in so doing may disregard the outward form.  2002, c. 30, Sched. A, s. 3; 2008, c. 9, s. 79 (2). Section Amendments with date in force (d/m/y) 2008, c. 9, s. 79 (2) - 01/07/2009
4 A consumer agreement that meets the criteria of more than one type of agreement to which this Act applies shall comply with the provisions of this Act and of the regulations that apply to each type of agreement for which it meets the criteria, except where the application of the provisions is excluded by the regulations.  2004, c. 19, s. 7 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (5) - 30/07/2005
5 (1) If a supplier is required to disclose information under this Act, the disclosure must be clear, comprehensible and prominent.  2002, c. 30, Sched. A, s. 5 (1). Delivery of information (2) If a supplier is required to deliver information to a consumer under this Act, the information must, in addition to satisfying the requirements in subsection (1), be delivered in a form in which it can be retained by the consumer.  2002, c. 30, Sched. A, s. 5 (2). PART II   Consumer Rights and Warranties
6 Nothing in this Act shall be interpreted to limit any right or remedy that a consumer may have in law.  2002, c. 30, Sched. A, s. 6.
7 (1) The substantive and procedural rights given under this Act apply despite any agreement or waiver to the contrary.  2002, c. 30, Sched. A, s. 7 (1). Limitation on effect of term requiring arbitration (2) Without limiting the generality of subsection (1), any term or acknowledgment in a consumer agreement or a related agreement that requires or has the effect of requiring that disputes arising out of the consumer agreement be submitted to arbitration is invalid insofar as it prevents a consumer from exercising a right to commence an action in the Superior Court of Justice given under this Act.  2002, c. 30, Sched. A, s. 7 (2). Procedure to resolve dispute (3) Despite subsections (1) and (2), after a dispute over which a consumer may commence an action in the Superior Court of Justice arises, the consumer, the supplier and any other person involved in the dispute may agree to resolve the dispute using any procedure that is available in law.  2002, c. 30, Sched. A, s. 7 (3). Settlements or decisions (4) A settlement or decision that results from the procedure agreed to under subsection (3) is as binding on the parties as such a settlement or decision would be if it were reached in respect of a dispute concerning an agreement to which this Act does not apply.  2002, c. 30, Sched. A, s. 7 (4). Non-application of Arbitration Act, 1991 (5) Subsection 7 (1) of the Arbitration Act, 1991 does not apply in respect of any proceeding to which subsection (2) applies unless, after the dispute arises, the consumer agrees to submit the dispute to arbitration.  2002, c. 30, Sched. A, s. 7 (5).
8 (1) A consumer may commence a proceeding on behalf of members of a class under the Class Proceedings Act, 1992 or may become a member of a class in such a proceeding in respect of a dispute arising out of a consumer agreement despite any term or acknowledgment in the consumer agreement or a related agreement that purports to prevent or has the effect of preventing the consumer from commencing or becoming a member of a class proceeding.  2002, c. 30, Sched. A, s. 8 (1). Procedure to resolve dispute (2) After a dispute that may result in a class proceeding arises, the consumer, the supplier and any other person involved in it may agree to resolve the dispute using any procedure that is available in law.  2002, c. 30, Sched. A, s. 8 (2). Settlements or decisions (3) A settlement or decision that results from the procedure agreed to under subsection (2) is as binding on the parties as such a settlement or decision would be if it were reached in respect of a dispute concerning an agreement to which this Act does not apply.  2002, c. 30, Sched. A, s. 8 (3); 2008, c. 9, s. 79 (3). Non-application of Arbitration Act, 1991 (4) Subsection 7 (1) of the Arbitration Act, 1991 does not apply in respect of any proceeding to which subsection (1) applies unless, after the dispute arises, the consumer agrees to submit the dispute to arbitration.  2002, c. 30, Sched. A, s. 8 (4); 2008, c. 9, s. 79 (4). Section Amendments with date in force (d/m/y) 2008, c. 9, s. 79 (3, 4) - 01/07/2009
9 (1) The supplier is deemed to warrant that the services supplied under a consumer agreement are of a reasonably acceptable quality.  2002, c. 30, Sched. A, s. 9 (1). Quality of goods (2) The implied conditions and warranties applying to the sale of goods by virtue of the Sale of Goods Act are deemed to apply with necessary modifications to goods that are leased or traded or otherwise supplied under a consumer agreement.  2002, c. 30, Sched. A, s. 9 (2). Same (3) Any term or acknowledgement, whether part of the consumer agreement or not, that purports to negate or vary any implied condition or warranty under the Sale of Goods Act
or any deemed condition or warranty under this Act is void.  2002, c. 30, Sched. A, s. 9 (3). Same (4) If a term or acknowledgement referenced in subsection (3) is a term of the agreement, it is severable from the agreement and shall not be evidence of circumstances showing an intent that the deemed or implied warranty or condition does not apply.  2002, c. 30, Sched. A, s. 9 (4).
10 (1) If a consumer agreement includes an estimate, the supplier shall not charge the consumer an amount that exceeds the estimate by more than 10 per cent.  2002, c. 30, Sched. A, s. 10 (1). Performance of consumer agreement (2) If a supplier charges an amount that exceeds the estimate by more than 10 per cent, the consumer may require that the supplier provide the goods or services at the estimated price.  2002, c. 30, Sched. A, s. 10 (2). Subsequent agreement (3) Nothing in this section prevents a consumer and a supplier from agreeing to amend the estimate or price in a consumer agreement, if the consumer requires additional or different goods or services.  2002, c. 30, Sched. A, s. 10 (3).
11 Any ambiguity that allows for more than one reasonable interpretation of a consumer agreement provided by the supplier to the consumer or of any information that must be disclosed under this Act shall be interpreted to the benefit of the consumer.  2002, c. 30, Sched. A, s. 11.
12 No person shall charge a consumer for assisting the consumer to obtain any benefit, right or protection to which the consumer is entitled under this Act, unless, before the consumer agrees to pay the charge, the person discloses the entitlement’s existence and direct availability to the consumer and the cost, if any, the consumer would be required to pay for the entitlement if the consumer obtained the entitlement directly.  2002, c. 30, Sched. A, s. 12.
13.1 (1) No person shall advertise an internet gaming site that is operated contrary to the
Criminal Code (Canada).  2006, c. 34, s. 8 (2). Facilitating (2) No person, other than an internet service provider, shall arrange for or otherwise facilitate advertising prohibited under subsection (1) on behalf of another person.  2006, c. 34, s. 8 (2). Meaning of “advertise” (3) For the purpose of subsection (1), a person advertises an internet gaming site only if the advertising originates in Ontario or is primarily intended for Ontario residents.  2006, c. 34, s. 8 (2). Same (4) For the purpose of subsection (1), “advertise” includes, (a) providing, by print, publication, broadcast, telecommunication or distribution by any means, information for the purpose of promoting the use of an internet gaming site; (b) providing a link in a website for the purpose of promoting the use of an internet gaming site, but does not include a link generated as the result of a search carried out by means of an internet search engine; and (c) entering into a sponsorship relationship for the purpose of promoting the use of an internet gaming site.  2006, c. 34, s. 8 (2). Application (5) This section applies despite subsection 2 (1).  2006, c. 34, s. 8 (2). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 8 (2) - 01/01/2008 PART III   UNFAIR PRACTICES
14 (1) It is an unfair practice for a person to make a false, misleading or deceptive representation.  2002, c. 30, Sched. A, s. 14 (1). Examples of false, misleading or deceptive representations (2) Without limiting the generality of what constitutes a false, misleading or deceptive representation, the following are included as false, misleading or deceptive representations: 1. A representation that the goods or services have sponsorship, approval, performance characteristics, accessories, uses, ingredients, benefits or qualities they do not have. 2. A representation that the person who is to supply the goods or services has sponsorship, approval, status, affiliation or connection the person does not have. 3. A representation that the goods or services are of a particular standard, quality, grade, style or model, if they are not. 4. A representation that the goods are new, or unused, if they are not or are reconditioned or reclaimed, but the reasonable use of goods to enable the person to service, prepare, test and deliver the goods does not result in the goods being deemed to be used for the purposes of this paragraph. 5. A representation that the goods have been used to an extent that is materially different from the fact. 6. A representation that the goods or services are available for a reason that does not exist. 7. A representation that the goods or services have been supplied in accordance with a previous representation, if they have not. 8. A representation that the goods or services or any part of them are available or can be delivered or performed when the person making the representation knows or ought to know they are not available or cannot be delivered or performed. 9. A representation that the goods or services or any part of them will be available or can be delivered or performed by a specified time when the person making the representation knows or ought to know they will not be available or cannot be delivered or performed by the specified time. 10. A representation that a service, part, replacement or repair is needed or advisable, if it is not. 11. A representation that a specific price advantage exists, if it does not. 12.  A representation that misrepresents the authority of a salesperson, representative, employee or agent to negotiate the final terms of the agreement. 13. A representation that the transaction involves or does not involve rights, remedies or obligations if the representation is false, misleading or deceptive. 14. A representation using exaggeration, innuendo or ambiguity as to a material fact or failing to state a material fact if such use or failure deceives or tends to deceive. 15. A representation that misrepresents the purpose or intent of any solicitation of or any communication with a consumer. 16. A representation that misrepresents the purpose of any charge or proposed charge. 17. A representation that misrepresents or exaggerates the benefits that are likely to flow to a consumer if the consumer helps a person obtain new or potential customers.  2002, c. 30, Sched. A, s. 14 (2).
15 (1) It is an unfair practice to make an unconscionable representation.  2002, c. 30, Sched. A, s. 15 (1). Same (2) Without limiting the generality of what may be taken into account in determining whether a representation is unconscionable, there may be taken into account that the person making the representation or the person’s employer or principal knows or ought to know, (a) that the consumer is not reasonably able to protect his or her interests because of disability, ignorance, illiteracy, inability to understand the language of an agreement or similar factors; (b) that the price grossly exceeds the price at which similar goods or services are readily available to like consumers; (c) that the consumer is unable to receive a substantial benefit from the subject-matter of the representation; (d) that there is no reasonable probability of payment of the obligation in full by the consumer; (e) that the consumer transaction is excessively one-sided in favour of someone other than the consumer; (f) that the terms of the consumer transaction are so adverse to the consumer as to be inequitable; (g) that a statement of opinion is misleading and the consumer is likely to rely on it to his or her detriment; or (h) that the consumer is being subjected to undue pressure to enter into a consumer transaction.  2002, c. 30, Sched. A, s. 15 (2).
16 It is an unfair practice for a person to use his, her or its custody or control of a consumer’s goods to pressure the consumer into renegotiating the terms of a consumer transaction.  2002, c. 30, Sched. A, s. 16.
17 (1) No person shall engage in an unfair practice.  2002, c. 30, Sched. A, s. 17 (1). One act deemed practice (2) A person who performs one act referred to in section 14, 15 or 16 shall be deemed to be engaging in an unfair practice.  2002, c. 30, Sched. A, s. 17 (2). Advertising excepted (3) It is not an unfair practice for a person, on behalf of another person, to print, publish, distribute, broadcast or telecast a representation that the person accepted in good faith for printing, publishing, distributing, broadcasting or telecasting in the ordinary course of business.  2002, c. 30, Sched. A, s. 17 (3).
19 (1) This Part applies to consumer transactions that occur on or after the day this section is proclaimed in force.  2002, c. 30, Sched. A, s. 19 (1). Same (2) The Business Practices Act, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to consumer transactions that occurred before its repeal.  2002, c. 30, Sched. A, s. 19 (2). PART IV 
Rights and Obligations Respecting Specific Consumer Agreements Definitions and Application
20 (1) In this Part, “direct agreement” means a consumer agreement that is negotiated or concluded in person at a place other than, (a) at the supplier’s place of business, or (b) at a market place, an auction, trade fair, agricultural fair or exhibition; (“convention directe”) “internet agreement” means a consumer agreement formed by text-based internet communications; (“convention électronique”) “membership fee” means the amount payable by a consumer for personal development services; (“droit d’adhésion”) “personal development services” means, (a) services provided for, (i) health, fitness, diet or matters of a similar nature, (ii) modelling and talent, including photo shoots relating to modelling and talent, or matters of a similar nature, (iii) martial arts, sports, dance or similar activities, and (iv) other matters as may be prescribed, and (b) facilities provided for or instruction on the services referred to in clause (a) and any goods that are incidentally provided in addition to the provision of the services; (“services de perfectionnement personnel”) “remote agreement” means a consumer agreement entered into when the consumer and supplier are not present together; (“convention à distance”) “time share agreement” means a consumer agreement by which a consumer, (a) acquires the right to use property as part of a plan that provides for the use of the property to circulate periodically among persons participating in the plan, whether or not the property is located in Ontario, or (b) is provided with access to discounts or benefits for the future provision of transportation, accommodation or other goods or services related to travel. (“convention de multipropriété”)  2002, c. 30, Sched. A, s. 20 (1); 2006, c. 34, s. 8 (3). Limitations on cancellation (2) Despite sections 95 and 96, in the prescribed circumstances, the effect of cancellation of a consumer agreement to which this Part applies by a consumer and the obligations arising as a result of the cancellation of the agreement may be subject to such limitations as may be prescribed.  2002, c. 30, Sched. A, s. 20 (2). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 8 (3) - 01/01/2008 Future Performance Agreements
21 (1) Sections 22 to 26 apply to future performance agreements if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount.  2002, c. 30, Sched. A, s. 21 (1). Exception (2) Sections 22 to 26 do not apply to agreements that are future performance agreements solely because of an open credit arrangement.  2002, c. 30, Sched. A, s. 21 (2). Transition (3) Sections 22 to 26 apply to future performance agreements entered into on or after the day this section is proclaimed in force.  2002, c. 30, Sched. A, s. 21 (3). Same (4) The Consumer Protection Act, as it existed immediately before its repeal under the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to executory contracts entered into before its repeal.  2002, c. 30, Sched. A, s. 21 (4).
22 Every future performance agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 22.
23 A consumer may cancel a future performance agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements required by section 22.  2002, c. 30, Sched. A, s. 23.
24 Any provision in any future performance agreement or in any security agreement incidental to such an agreement under which the supplier may acquire title to, possession of or any rights in any goods of the consumer, other than the goods passing to the consumer under the agreement, is not enforceable.  2002, c. 30, Sched. A, s. 24.
25 (1) Where a consumer under a future performance agreement has paid two-thirds or more of his or her payment obligation as fixed by the agreement, any provision in the agreement, or in any security agreement incidental to the agreement, under which the supplier may retake possession of or resell the goods or services upon default in payment by the consumer is not enforceable except by leave obtained from the Superior Court of Justice.  2002, c. 30, Sched. A, s. 25 (1). Powers of court (2) Upon an application for leave under subsection (1), the court may, in its discretion, grant leave to the supplier or refuse leave or grant leave upon such terms and conditions as the court considers advisable.  2002, c. 30, Sched. A, s. 25 (2).
26 (1) A consumer may cancel a future performance agreement at any time before delivery under the agreement or the commencement of performance under the agreement if the supplier, (a) does not make delivery within 30 days after the delivery date specified in the agreement or an amended delivery date agreed to by the consumer in writing; or (b) does not begin performance of his, her or its obligations within 30 days after the commencement date specified in the agreement or an amended commencement date agreed to by the consumer in writing.  2002, c. 30, Sched. A, s. 26 (1). Delivery or commencement date not specified (2) If the delivery date or commencement date is not specified in the future performance agreement, a consumer may cancel the agreement at any time before delivery or commencement if the supplier does not deliver or commence performance within 30 days after the date the agreement is entered into.  2002, c. 30, Sched. A, s. 26 (2). Forgiveness of failure (3) If, after the period in subsection (1) or (2) has expired, the consumer agrees to accept delivery or authorize commencement, the consumer may not cancel the agreement under this section.  2002, c. 30, Sched. A, s. 26 (3). Deemed delivery or performance (4) For the purposes of subsections (1) and (2), a supplier is considered to have delivered or commenced performance under a future performance agreement if, (a) delivery was attempted but was refused by the consumer at the time that delivery was attempted or delivery was attempted but not made because no person was available to accept delivery for the consumer on the day for which reasonable notice was given to the consumer that there was to be delivery; or (b) commencement was attempted but was refused by the consumer at the time that commencement was attempted or commencement was attempted but did not occur because no person was available to enable commencement on the day for which reasonable notice was given to the consumer that commencement was to occur.  2002, c. 30, Sched. A, s. 26 (4). Time Share Agreements
27 Every time share agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 27.
28 (1) A consumer may, without any reason, cancel a time share agreement at any time from the date of entering into the agreement until 10 days after receiving the written copy of the agreement.  2002, c. 30, Sched. A, s. 28 (1); 2013, c. 13, Sched. 2, s. 2. Cancellation: failure to meet requirements (2) In addition to the right under subsection (1), a consumer may cancel a time share agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements under section 27.  2002, c. 30, Sched. A, s. 28 (2). Section Amendments with date in force (d/m/y) 2013, c. 13, Sched. 2, s. 2 - 12/12/2013 Personal Development Services
29 (1) Sections 30 to 36 apply in respect of personal development services or proposed personal development services for which, (a) payment in advance is required; and (b) the consumer’s total potential payment obligation, excluding cost of borrowing, exceeds a prescribed amount.  2002, c. 30, Sched. A, s. 29 (1). Exceptions (2) Sections 30 to 36 do not apply to personal development services that are provided, (a) on a non-profit or co-operative basis; (b) by a private club primarily owned by its members; (c) as an incidental part of the goods or services that are being supplied to the consumer; (d) by a supplier funded or run by a charitable or municipal organization or by the Province of Ontario or any of its agencies; or (e) by a golf club.  2002, c. 30, Sched. A, s. 29 (2). Transition (3) Sections 30 to 36 do not apply to a personal development services agreement in existence before this section is proclaimed in force but do apply if a pre-existing agreement is extended or renewed after this section is proclaimed in force.  2002, c. 30, Sched. A, s. 29 (3). Same (4) Agreements that are in existence before sections 30 to 36 are proclaimed in force are governed by the Prepaid Services Act as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002.  2002, c. 30, Sched. A, s. 29 (4).
30 (1) Every personal development services agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 30 (1). Payments not required or accepted (2) No supplier shall require or accept payment for personal development services from a consumer with whom the supplier does not have an agreement that meets the requirements established under subsection (1).  2002, c. 30, Sched. A, s. 30 (2).
31 (1) No personal development services agreement may be made for a term longer than one year after the day that all the services are made available to the consumer.  2002, c. 30, Sched. A, s. 31 (1). Deemed separate agreement (2) Any personal development services agreement that provides for a renewal or an extension of the agreement beyond one year shall be deemed to create a separate agreement for each renewal or extension of one year or less.  2002, c. 30, Sched. A, s. 31 (2). Renewal provision (3) A personal development services agreement that provides for the renewal or extension of the agreement is not valid unless the supplier complies with the prescribed requirements.  2002, c. 30, Sched. A, s. 31 (3). Deemed non-renewal of agreement (4) A personal development services agreement that provides for a renewal or extension of the agreement shall be deemed not to be renewed or extended if the consumer notifies the supplier, before the time for renewal or extension, that the consumer does not want to renew or extend.  2002, c. 30, Sched. A, s. 31 (4). Monthly renewals (5) Subsections (2) and (3) do not apply to an agreement providing for successive monthly renewals if the consumer has the option of terminating on one month’s notice or less.  2002, c. 30, Sched. A, s. 31 (5).
32 (1) No supplier shall enter into a new agreement for personal development services with a consumer with whom the supplier has an existing agreement for personal development services unless the new agreement is for personal development services that are distinctly different from the services provided under the existing agreement.  2002, c. 30, Sched. A, s. 32 (1). New agreement void (2) Any new agreement entered into in contravention of subsection (1) is void.  2002, c. 30, Sched. A, s. 32 (2). Same (3) For the purposes of subsection (1), a different term or a different commencement date does not constitute a distinct difference in the personal development services to be provided.  2002, c. 30, Sched. A, s. 32 (3). Renewals exempted (4) Nothing in this section prevents a personal development services agreement from being renewed during the term of the agreement provided that the renewal meets the requirements under section 31.  2002, c. 30, Sched. A, s. 32 (4).
33 No supplier of personal development services shall, (a) charge a consumer more than one initiation fee; or (b) charge an initiation fee that is greater than twice the annual membership fee.  2002, c. 30, Sched. A, s. 33.
34 (1) Every supplier of personal development services shall make available to consumers at least one plan for instalment payments of membership fees and initiation fees, if applicable, that allow consumers to make equal monthly payments over the term of the personal development services agreement.  2002, c. 30, Sched. A, s. 34 (1). Same (2) No supplier shall provide an instalment payment plan through which the total amount paid by instalments exceeds the membership or initiation fee, if applicable, by more than 25 per cent.  2002, c. 30, Sched. A, s. 34 (2).
35 (1) A consumer may, without any reason, cancel a personal development services agreement at any time within 10 days after the later of receiving the written copy of the agreement and the day all the services are available.  2002, c. 30, Sched. A, s. 35 (1); 2013, c. 13, Sched. 2, s. 2. Cancellation: failure to meet requirements (2) In addition to the right under subsection (1), a consumer may cancel a personal development services agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements under section 30.  2002, c. 30, Sched. A, s. 35 (2). Section Amendments with date in force (d/m/y) 2013, c. 13, Sched. 2, s. 2 - 12/12/2013
36 (1) No supplier shall receive payment from a consumer for personal development services that are not available at the time the payment is made except if the payment is made through a trust corporation registered under the Loan and Trust Corporations Act that has agreed to act as a trustee for the payment.  2002, c. 30, Sched. A, s. 36 (1). Exception (2) Subsection (1) does not apply when one of the services that is not available is the use of a facility and the consumer has agreed in writing to use another facility provided by the supplier until the facility contracted for is available.  2002, c. 30, Sched. A, s. 36 (2). Facility not available (3) If a facility is not available for use on the day specified in the agreement, the trustee shall refund all payment received from the consumer unless the consumer agrees in writing to permit the trustee to retain the payment.  2002, c. 30, Sched. A, s. 36 (3). Extension (4) No permission given under subsection (3) applies for longer than 90 days but a subsequent permission may be given on the expiration of a permission.  2002, c. 30, Sched. A, s. 36 (4). Duties of trustee (5) Where a supplier has a trustee under subsection (1), (a) any notice to the trustee shall be deemed to be notice to the supplier; and (b) any money payable by the supplier is payable by the trustee to the extent that the trustee holds sufficient trust funds for that purpose.  2002, c. 30, Sched. A, s. 36 (5). Same (6) Every trustee under subsection (1) shall, upon receiving any payment from a consumer, provide the consumer with written confirmation of receipt of the payment and of the fact that the payment will be dealt with in accordance with sections 30 to 35 and with this section.  2002, c. 30, Sched. A, s. 36 (6). Same (7) No trustee shall release to a supplier funds received from a consumer until the personal development services are available.  2002, c. 30, Sched. A, s. 36 (7). Same (8) The trustee shall release the funds held under this section to the consumer if the consumer cancels the personal development services agreement in accordance with this Act.  2002, c. 30, Sched. A, s. 36 (8). Internet Agreements
37 Sections 38 to 40 apply to an internet agreement if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount.  2002, c. 30, Sched. A, s. 37.
38 (1) Before a consumer enters into an internet agreement, the supplier shall disclose the prescribed information to the consumer.  2002, c. 30, Sched. A, s. 38 (1). Express opportunity to accept or decline agreement (2) The supplier shall provide the consumer with an express opportunity to accept or decline the agreement and to correct errors immediately before entering into it.  2002, c. 30, Sched. A, s. 38 (2). Manner of disclosure (3) In addition to the requirements set out in section
5, disclosure under this section shall be accessible and shall be available in a manner that ensures that, (a) the consumer has accessed the information; and (b) the consumer is able to retain and print the information.  2002, c. 30, Sched. A, s. 38 (3).
39 (1) A supplier shall deliver to a consumer who enters into an internet agreement a copy of the agreement in writing within the prescribed period after the consumer enters into the agreement.  2002, c. 30, Sched. A, s. 39 (1). Content of internet agreement (2) The copy of the internet agreement shall include such information as may be prescribed.  2002, c. 30, Sched. A, s. 39 (2). Deemed supply of internet agreement (3) For the purposes of subsection (1), a supplier is considered to have delivered a copy of the internet agreement to the consumer if the copy is delivered in the prescribed manner.  2002, c. 30, Sched. A, s. 39 (3).
40 (1) A consumer may cancel an internet agreement at any time from the date the agreement is entered into until seven days after the consumer receives a copy of the agreement if, (a) the supplier did not disclose to the consumer the information required under subsection 38 (1); or (b) the supplier did not provide to the consumer an express opportunity to accept or decline the agreement or to correct errors immediately before entering into it.  2002, c. 30, Sched. A, s. 40 (1). Same (2) A consumer may cancel an internet agreement within 30 days after the date the agreement is entered into, if the supplier does not comply with a requirement under section 39.  2004, c. 19, s. 7 (7). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (7) - 30/07/2005 Direct Agreements
41 (1) Sections 42 and 43 apply to direct agreements if the consumer’s total potential payment obligations under the agreement, excluding the cost of borrowing, exceeds a prescribed amount.  2002, c. 30, Sched. A, s. 41 (1). Transition (2) Sections 42 and 43 apply to direct agreements entered into on or after the day this section is proclaimed in force.  2002, c. 30, Sched. A, s. 41 (2). Same (3) The Consumer Protection Act, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to direct sales contracts entered into before its repeal.  2002, c. 30, Sched. A, s. 41 (3).
42 (1) Every direct agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 42. Minister’s regulations (2) In addition to the power of the Lieutenant Governor in Council to make regulations under section 123, the Minister may make regulations, (a) governing contents of direct agreements and requirements for making, renewing, amending or extending direct agreements; (b) requiring a supplier under a direct agreement to disclose to the consumer the information specified in the regulation, governing the content of the disclosure and requiring the supplier to take the other measures specified in the regulation to ensure that the consumer has received the disclosure. 2013, c. 13, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2013, c. 13, Sched. 2, s. 3 - 01/04/2015
43 (1) A consumer may, without any reason, cancel a direct agreement at any time from the date of entering into the agreement until 10 days after the consumer has received the written copy of the agreement. 2017, c. 5, Sched. 2, s. 15. Transition (1.1) Despite subsection (1), that subsection, as it read immediately before the day section 15 of Schedule 2 to the Putting Consumers First Act (Consumer Protection Statute Law Amendment), 2017 comes into force, continues to apply to a direct agreement that requires the supplier to supply to the consumer a water heater or other goods or services that are prescribed if the parties entered into the agreement before that day. 2017, c. 5, Sched. 2, s. 15. Cancellation: failure to meet requirements (2) In addition to the right under subsection (1), a consumer may cancel a direct agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements under section 42.  2002, c. 30, Sched. A, s. 43 (2). Section Amendments with date in force (d/m/y) 2013, c. 13, Sched. 2, s. 4 (1) - 12/12/2013; 2013, c. 13, Sched. 2, s. 4 (2) - 01/04/2015 2017, c. 5, Sched. 2, s. 15 - 01/03/2018
43.1 (1) No supplier shall, while at a consumer’s dwelling or at any other prescribed place, solicit the consumer to enter into a direct agreement for the supply of prescribed goods or services or enter into such an agreement unless the consumer has initiated contact with the supplier and has specifically requested that the supplier attend at the consumer’s dwelling or the other prescribed place for the purpose of entering into such an agreement. 2017, c. 5, Sched. 2, s. 16. Same (2) The following activities do not constitute solicitation for the purpose of subsection (1): 1. Leaving marketing materials at a consumer’s dwelling or any other place prescribed for the purpose of that subsection without attempting to contact the consumer with respect to any prescribed direct agreement. 2. Such other activities that are prescribed. 2017, c. 5, Sched. 2, s. 16. Agreement void (3) A direct agreement that the parties enter into in contravention of subsection (1) is void. 2017, c. 5, Sched. 2, s. 16. Related agreements void (4) Any agreement, including the following, that is related to the consumer’s obligations under the direct agreement is void: 1. A guarantee or security given by a guarantor for the purpose of securing the performance of those obligations. 2. An agreement under which the consumer gives security for the purpose of securing the performance of those obligations. 3. A credit agreement within the meaning of Part VII that the consumer enters into as a borrower in respect of money that the consumer is required to pay under the direct agreement and any other payment instrument that the consumer enters into in that respect. 2017, c. 5, Sched. 2, s. 16. Unsolicited goods or services (5) If a supplier supplies goods or services to a consumer under a direct agreement that is void, the goods or services are deemed to be unsolicited and subsections 13 (1), (2), (3), (6), (7) and (8) apply to them. 2017, c. 5, Sched. 2, s. 16. Third party charges (6) If a supplier supplies goods or services to a consumer under a direct agreement that is void and the consumer incurs charges from a third party that are related to the agreement, including, but not limited to, charges in respect of the removal or return of any goods that the consumer is liable to return to the third party, the supplier is liable to reimburse the consumer for the amount of all those charges. 2017, c. 5, Sched. 2, s. 16. Recovery of amount (7) The consumer may commence an action, in accordance with section 100, to recover the amount described in subsection (6) and may set off the amount against any amount owing to the supplier under any consumer agreement between the consumer and the supplier, other than the direct agreement described in subsection (1). 2017, c. 5, Sched. 2, s. 16. Section Amendments with date in force (d/m/y) 2013, c. 13, Sched. 2, s. 5 - 01/04/2015 2017, c. 5, Sched. 2, s. 16 - 01/03/2018 Remote Agreements
44 Sections 45 to 47 apply to remote agreements if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount.  2002, c. 30, Sched. A, s. 44.
45 Before a consumer enters into a remote agreement, the supplier shall disclose the prescribed information to the consumer and shall satisfy the prescribed requirements.  2002, c. 30, Sched. A, s. 45.
46 (1) A supplier shall deliver to a consumer who enters into a remote agreement a copy of the agreement in writing within the prescribed period after the consumer enters into the agreement.  2002, c. 30, Sched. A, s. 46 (1). Content of remote agreement (2) The copy of the remote agreement shall include such information as may be prescribed.  2002, c. 30, Sched. A, s. 46 (2). Deemed supply of remote agreement (3) For the purposes of subsection (1), a supplier is considered to have delivered a copy of the remote agreement to the consumer if the copy is delivered in the prescribed manner.  2002, c. 30, Sched. A, s. 46 (3).
47 (1) A consumer may cancel a remote agreement at any time from the date the agreement is entered into until seven days after the consumer receives a copy of the agreement if the supplier fails to comply with section 45.  2002, c. 30, Sched. A, s. 47 (1). Same (2) A consumer may cancel a remote agreement within one year after the date the agreement is entered into, if the supplier does not comply with a requirement under section 46.  2004, c. 19, s. 7 (8). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (8) - 30/07/2005 Rewards Points
48 In this Part, “consumer report”, “credit information”, “file” and “personal information” each have the same meaning as in section 1 of the Consumer Reporting Act; (“rapport sur le consommateur”, “renseignements sur la solvabilité”, “dossier”, “renseignements personnels”) “credit repair” means services or goods that are intended to improve a consumer report, credit information, file or personal information, including a credit record, credit history or credit rating; (“redressement de crédit”) “credit repairer” means, (a) a supplier of credit repair, or (b) a person who holds themself out as a person described in clause (a); (“redresseur de crédit”) “operator” means, (a) a person who is a credit repairer or a loan broker, or (b) a supplier who supplies such goods or services as may be prescribed or a person who holds themself out as a supplier of such goods or services. (“exploitant”)  2002, c. 30, Sched. A, s. 48; 2004, c. 19, s. 7 (9). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (9) - 30/07/2005
49 Every consumer agreement for loan brokering, credit repair or for the supply of such other goods or services as may be prescribed shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 49.
50 (1) No operator shall require or accept any payment or any security for a payment, directly or indirectly, from or on behalf of a consumer unless and until, (a) in respect of loan brokering, the consumer receives the credit or loan of money that the loan broker has assisted the consumer to obtain; (b) in respect of credit repair, the credit repairer causes a material improvement to the consumer report, credit information, file, personal information, credit record, credit history or credit rating of the consumer; or (c) in respect of the supply of such other goods or services as may be prescribed, the prescribed requirements are met.  2002, c. 30, Sched. A, s. 50 (1); 2004, c. 19, s. 7 (10, 11). Security arrangement void (2) Every arrangement by which an operator takes security in contravention of subsection (1) is void.  2002, c. 30, Sched. A, s. 50 (2); 2004, c. 19, s. 7 (12). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (10-12) - 30/07/2005
51 (1) A consumer who is a party to an agreement for loan brokering, credit repair or the supply of such goods and services as may be prescribed may, without any reason, cancel the agreement at any time from the date of entering into the agreement until 10 days after receiving the written copy of the agreement.  2002, c. 30, Sched. A, s. 51 (1); 2013, c. 13, Sched. 2, s. 6. Cancellation: failure to meet requirements (2) In addition to the right under subsection (1), a consumer who is a party to an agreement for loan brokering, credit repair or the supply of such goods and services as may be prescribed may cancel the agreement within one year after the date of entering into it if the consumer does not receive a copy of the agreement that  meets the requirements under section 49.  2002, c. 30, Sched. A, s. 51 (2). Section Amendments with date in force (d/m/y) 2013, c. 13, Sched. 2, s. 6 - 12/12/2013
52 The officers and directors of an operator are jointly and severally liable for any remedy in respect of which a person is entitled to commence a proceeding against the operator.  2002, c. 30, Sched. A, s. 52; 2004, c. 19, s. 7 (13). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (13) - 30/07/2005
53 An operator shall not communicate or cause to be communicated any representation that is prescribed as a prohibited representation.  2002, c. 30, Sched. A, s. 53; 2004, c. 19, s. 7 (14). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (14) - 30/07/2005
54 (1) Sections 48 to 53 apply to consumer transactions that occur on or after the day this section is proclaimed in force.  2002, c. 30, Sched. A, s. 54 (1). Same (2) The Loan Brokers Act, 1994, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to all agreements to assist a consumer in obtaining a loan of money entered into before its repeal.  2002, c. 30, Sched. A, s. 54 (2). Same (3) Sections 13.1 to 13.8 of the Consumer Reporting Act, as they existed immediately before their repeal by the Consumer Protection Statute Law Amendment Act, 2002, continue to apply to all consumer transactions that occurred before their repeal.  2002, c. 30, Sched. A, s. 54 (3). PART vi   REPAIRS TO MOTOR VEHICLES AND OTHER GOODS
55 In this Part, “estimate” means an estimate of the total cost of work on and repairs to the goods being repaired; (“devis”) “repairer” means a supplier who works on or repairs vehicles or other prescribed goods; (“réparateur”) “vehicle” means a motor vehicle as defined in the Highway Traffic Act. (“véhicule”)  2002, c. 30, Sched. A, s. 55.
56 (1) No repairer shall charge a consumer for any work or repairs unless the repairer first gives the consumer an estimate that meets the prescribed requirements.  2002, c. 30, Sched. A, s. 56 (1). Same (2) Despite subsection (1), a repairer may charge for work or repairs without giving an estimate if, (a) the repairer offers to give the consumer an estimate and the consumer declines the offer of an estimate; (b) the consumer specifically authorizes the maximum amount that he or she will pay the repairer to make the repairs or do the work; and (c) the cost charged for the work or repairs does not exceed the maximum amount authorized by the consumer.  2002, c. 30, Sched. A, s. 56 (2).
57 (1) Subject to subsection (3), no repairer shall charge a fee for an estimate unless the consumer is told in advance that a fee will be charged and the amount of the fee.  2002, c. 30, Sched. A, s. 57 (1). Same (2) A fee for an estimate shall be deemed to include the cost of diagnostic time, the cost of reassembling the goods and the cost of parts that will be damaged and must be replaced when reassembling if the work or repairs are not authorized by the consumer.  2002, c. 30, Sched. A, s. 57 (2). Same (3) A repairer shall not charge a fee for an estimate if the work or repairs in question are authorized and carried out.  2002, c. 30, Sched. A, s. 57 (3). Same (4) Despite subsection (3), a repairer may charge a fee for an estimate if the repairer is unable to obtain, without unreasonable delay, authorization to proceed with the work or repairs and the goods are reassembled before being worked on or repaired so that the goods can be moved in order to free repair space.  2002, c. 30, Sched. A, s. 57 (4).
58 (1) No repairer shall charge for any work or repairs unless the consumer authorizes the work or repairs.  2002, c. 30, Sched. A, s. 58 (1). Exceeding estimate prohibited (2) No repairer shall charge, for work or repairs for which an estimate was given, an amount that exceeds the estimate by more than 10 per cent.  2002, c. 30, Sched. A, s. 58 (2).
59 If an authorization required by section 56, 57 or 58 is not given in writing, the authorization is not effective unless it is recorded in a manner that meets the prescribed requirements.  2002, c. 30, Sched. A, s. 59.
60 A repairer shall post the prescribed signs in accordance with the prescribed requirements.  2002, c. 30, Sched. A, s. 60.