jswizzle3737/ontario_laws_and_regs huggingface dataset:
Exception re sale of utility; gas charges
2. (1) This Act does not apply to the sale 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 where such charge has been approved by the Ontario Energy Board. R.S.O. 1990, c. C.31, s. 2; 1998, c. 15, Sched. E, s. 4 (1); 2002, c. 17, Sched. F, Table. Marketers of gas, retailers of electricity (2) Despite subsection (1), this Act applies to a sale by, (a) a gas marketer who is a seller and who sells to a buyer; and (b) a retailer of electricity who is a seller and who sells to a buyer. 1998, c. 15, Sched. E, s. 4 (2). Definitions (3) In this section, “gas marketer” means a gas marketer as defined in Part IV of the Ontario Energy Board Act, 1998; (“agent de commercialisation de gaz”) “public utility” means water, artificial or natural gas, electrical power or energy, steam or hot water; (“service public”) “retailer of electricity” means a retailer as defined in the Electricity Act, 1998. (“détaillant en électricité”) 1998, c. 15, Sched. E, s. 4 (2); 2002, c. 17, Sched. F, Table. PART I (ss. 3-17) Repealed: 1997, c. 35, s. 1 (3). Note: All registrations under the Act that were in force immediately before December 18, 1997 are terminated on December 18, 1997. Despite the repeal of Part I, subsection 16 (2) of the Act continues to apply to an action, proceeding or prosecution that was commenced or that could have been commenced before December 18, 1997. See: 1997, c. 35, s. 4. PART II   EXECUTORY CONTRACTS
Application of Part
18. This Part applies to executory contracts for the sale of goods or services where the purchase price, excluding the cost of borrowing, exceeds a prescribed amount, but does not apply to executory contracts to which Part II.1 applies. 1999, c. 12, Sched. F, s. 12.
Deposits in advance
20. Where a trade-in is delivered or money is paid, whether by way of deposit or otherwise, on account of the proposed purchase of goods or services but no binding contract is entered into in respect of the goods and no delivery of the goods or any part thereof has been made to the buyer or no performance of the services has been made, the seller shall upon the request of the buyer return such trade-in or refund in full the money so paid, as the case may be. R.S.O. 1990, c. C.31, s. 20.
Cancellation of certain executory contracts within 10 days
21. (1) Where a seller solicits, negotiates or arranges for the signing by a buyer of an executory contract at a place other than the seller’s permanent place of business, the buyer may cancel the contract by delivering a notice of cancellation in writing to the seller within 10 days after the duplicate original copy of the contract first comes into the possession of the buyer, and the buyer is not liable for any damages in respect of such cancellation. R.S.O. 1990, c. C.31, s. 21 (1); 1999, c. 12, Sched. F, s. 14 (1, 2). Duties upon cancellation (2) Where a buyer cancels a contract under subsection (1), (a) the buyer shall immediately return any goods received under the contract and the seller shall bear the expense of the return, not exceeding the expense of returning the goods from the place where the buyer received their delivery; and (b) the seller shall return any money received or realized in respect of the contract, whether from the buyer or any other person, and shall return any trade-in received under the contract. R.S.O. 1990, c. C.31, s. 21 (2); 1999, c. 12, Sched. F, s. 14 (2). Trade-ins (3) Where part of the consideration for the sale of goods is a trade-in, the title to the trade-in does not pass to the seller until the 10-day period mentioned in subsection (1) has expired without cancellation of the contract. R.S.O. 1990, c. C.31, s. 21 (3); 1999, c. 12, Sched. F, s. 14 (2, 3). Delivery of notice (4) A notice of cancellation may be delivered personally or sent by registered mail addressed to the person to whom delivery is required to be made at the address shown in the contract, and delivery by registered mail shall be deemed to have been made at the time of mailing. R.S.O. 1990, c. C.31, s. 21 (4); 1999, c. 12, Sched. F, s. 14 (2).
Lien on other goods not enforceable
22. Any provision in any executory contract or in any security agreement incidental thereto under which the seller may acquire title to, possession of or any rights in any goods of the buyer, other than the goods passing to the buyer under the contract, is not enforceable. R.S.O. 1990, c. C.31, s. 22.
No repossession
23. (1) Where a buyer under an executory contract has paid two-thirds or more of the purchase price of the goods as fixed by the contract, any provision in the contract, or in any security agreement incidental thereto, under which the seller may retake possession of or resell the goods upon default in payment by the buyer is not enforceable except by leave of a judge of the Superior Court of Justice. R.S.O. 1990, c. C.31, s. 23 (1); 2001, c. 9, Sched. D, s. 4 (2). Powers of judge (2) Upon an application for leave under subsection (1), the judge may, in his or her absolute discretion, grant or refuse leave or grant leave upon such terms and conditions as he or she considers advisable. R.S.O. 1990, c. C.31, s. 23 (2). PART II.1   DIRECT SALES CONTRACTS
Definitions
23.1 In this Part, “direct sales contract” means a contract between a buyer and a seller for goods or services where, (a) the purchase price exceeds a prescribed amount, and (b) the contract is negotiated or concluded in person at a place other than the seller’s place of business or a market place, auction, trade fair, agricultural fair or exhibition; (“contrat de vente directe”) “trade-in allowance” means the greater of, (a) the price or value of the buyer’s goods as set out in a trade-in arrangement, and (b) the market value of the buyer’s goods when taken in trade under a trade-in arrangement; (“valeur de reprise”) “trade-in arrangement” means an agreement or arrangement, contained in a direct sales contract or forming the whole or part of a related agreement, under which the buyer sells or agrees to sell the buyer’s own goods to the seller and the seller accepts the goods as all or part of the consideration under the contract. (“accord de reprise”) 1999, c. 12, Sched. F, s. 15.
Contents of contract
23.2 (1) A direct sales contract must contain the information required by the regulations. 1999, c. 12, Sched. F, s. 15. Written copy (2) A seller who enters into a direct sales contract with a buyer shall deliver to the buyer a written copy of the contract that contains the information required by the regulations. 1999, c. 12, Sched. F, s. 15.
Cancellation right
23.3 (1) A buyer under a direct sales contract may, without any reason, cancel the contract at any time from the date of entering into the contract until 10 days after receiving the written copy of the contract mentioned in section 23.2. 1999, c. 12, Sched. F, s. 15. Failure to meet requirements (2) In addition to the right under subsection (1), a buyer under a direct sales contract may cancel the contract within one year of the date of entering into the contract if it does not contain all the information required by section 23.2. 1999, c. 12, Sched. F, s. 15. Failure to supply (3) In addition to the right under subsection (1), a buyer under a direct sales contract may cancel the contract within one year from the date of entering into the contract if the seller, (a) does not deliver the goods required by the contract within 30 days of the delivery date specified in the contract or an amended delivery date agreed upon in writing by the buyer and the seller; or (b) does not begin to provide the services required by the contract within 30 days of the commencement date specified in the contract or an amended commencement date agreed on in writing by the buyer and seller. 1999, c. 12, Sched. F, s. 15. Forgiveness of failure (4) If, after the period mentioned in subsection (3) has expired, the buyer accepts delivery of the goods or authorizes the services to begin, the buyer may not cancel the direct sales contract under subsection (3). 1999, c. 12, Sched. F, s. 15.
Notice of cancellation
23.4 (1) To cancel a direct sales contract, a buyer shall give a notice of cancellation in accordance with this section. 1999, c. 12, Sched. F, s. 15. Effective time (2) The cancellation takes effect when the buyer gives the notice of cancellation. 1999, c. 12, Sched. F, s. 15. No required form (3) The notice of cancellation may be expressed in any way, as long as it indicates the intention of the buyer to cancel the direct sales contract. 1999, c. 12, Sched. F, s. 15. Means of delivery (4) The notice of cancellation may be given by any means, including personal service, registered mail, courier or telecopier or any other method by which the buyer can provide evidence of the date of cancelling the direct sales contract. 1999, c. 12, Sched. F, s. 15. When given (5) Where the notice is given other than by personal service the notice of cancellation shall be deemed to have been given when sent. 1999, c. 12, Sched. F, s. 15. Address (6) The buyer may send or deliver the notice of cancellation to the seller at the address set out in the direct sales contract or, if the buyer did not receive a copy of the contract or the address of the seller was not set out in the contract, the buyer may send or deliver the notice, (a) to any address of the seller on record with the Government of Ontario or the Government of Canada; (b) to an address of the seller known by the buyer; or (c) to a salesperson of the seller at an address known by the buyer. 1999, c. 12, Sched. F, s. 15.
Effect of cancellation
23.5 (1) A cancellation of a direct sales contract in accordance with this Part operates to cancel, as if they never existed, (a) the contract; (b) all sales related to the contract; (c) all guarantees given in respect of money payable under the contract; and (d) all security given by the buyer or a guarantor in respect of money payable under the contract. 1999, c. 12, Sched. F, s. 15. Credit contract (2) If the seller extends or arranges credit for the direct sales contract, the credit contract is conditional on the direct sales contract, whether or not the credit contract is part of it or attached to it. 1999, c. 12, Sched. F, s. 15. Effect on credit contract (3) If the direct sales contract is cancelled, the cancellation operates to cancel the credit contract as if it had never existed. 1999, c. 12, Sched. F, s. 15.
Obligations on cancellation
23.6 (1) In this section, “buyer’s address” means the place specified in the direct sales contract as the buyer’s address, or, if the address shown does not specifically identify the place by a municipal address, the place where the buyer actually resided at the time the direct sales contract was made. 1999, c. 12, Sched. F, s. 15. Refund (2) Within 15 days after the buyer cancels a direct sales contract, the seller shall, (a) subject to the regulations, refund to the buyer all money paid by the buyer under the contract or a related sale or pre-existing contract; and (b) return to the buyer’s address, (i) in a condition substantially the same as when they were delivered, all the goods that the buyer delivered under a trade-in arrangement, or (ii) an amount equal to the trade-in allowance for the goods that the buyer delivered under a trade-in arrangement. 1999, c. 12, Sched. F, s. 15. Repossession of goods (3) Upon cancelling a direct sales contract, the buyer shall allow the seller or a person described in subsection (4) a reasonable opportunity to repossess, at the buyer’s address, the goods that came into the buyer’s possession under the contract or a related sale or pre-existing contract if the seller gives the buyer a written request and has complied with subsection (2). 1999, c. 12, Sched. F, s. 15. Other person (4) The buyer may allow the opportunity to a person authorized by the seller or a person specified in the direct sales contract as a person to whom the buyer may give a notice of cancellation. 1999, c. 12, Sched. F, s. 15. Return of goods (5) Instead of complying with subsection (3), the buyer may return the goods to the seller or a person described in subsection (4) and in that case the seller or the person, as the case may be, shall be deemed to have consented to the return of the goods. 1999, c. 12, Sched. F, s. 15. Discharge of obligation (6) Compliance with subsection (3) or (5) discharges the buyer from all obligations relating to the goods. 1999, c. 12, Sched. F, s. 15. Reasonable care (7) The buyer is under an obligation to take reasonable care of the goods delivered to the buyer under a direct sales contract or a related sale or pre-existing contract until the earliest of, (a) compliance by the buyer with subsection (3); (b) the date that the buyer returns the goods under subsection (5); and (c) the expiration of 21 days from the date of giving the notice of cancellation, if the buyer returns the goods under subsection (5). 1999, c. 12, Sched. F, s. 15. To whom obligation owed (8) The buyer owes the obligation described in subsection (7) to the person entitled to possession of the goods at the time in question. 1999, c. 12, Sched. F, s. 15. No further obligation (9) Except as provided by this section, the buyer is under no obligation, whether arising by contract or otherwise, to take care of the goods. 1999, c. 12, Sched. F, s. 15.
Title to goods under trade-in arrangement 
23.7 If the buyer recovers an amount equal to the trade-in allowance under subsection 23.6 (2) and the title of the buyer to the goods delivered under the trade-in arrangement has not passed from the buyer, the title to the goods vests in the person entitled to the goods under the trade-in arrangement. 1999, c. 12, Sched. F, s. 15. PART III   CREDIT TRANSACTIONS
Variable credit
25. (1) In this section, “period” means a period of time of not less than four weeks and not more than five weeks in duration. R.S.O. 1990, c. C.31, s. 25 (1). Lender’s obligations (2) A lender extending variable credit shall, (a) before agreeing to extend variable credit, furnish the borrower with a clear statement in writing setting forth the cost of borrowing in respect of the unpaid balances from time to time, (i) stated as an annual percentage, or scale of annual percentages, of such balance charged at the end of each period, subject to a minimum dollars-and-cents charge, if any, and (ii) stated in dollars and cents in a schedule of fixed amounts of outstanding balances, and the corresponding charges for the cost of borrowing; and (b) at the end of each period during the extension of credit, furnish the borrower with a clear statement in writing showing, (i) the outstanding balance in the account of the borrower at the beginning of the period, (ii) the amount and date of each extension of credit to the borrower during the period and the identity of the goods or services in respect of which the credit was extended, (iii) the amount of each sum received or credited to the account of the borrower during the period, and the date and occasion thereof, (iv) the cost of borrowing, expressed as one sum in dollars and cents, charged during the period, (v) the outstanding balance in the account of the borrower at the end of the period, and (vi) the statement referred to in clause (a). R.S.O. 1990, c. C.31, s. 25 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 25 is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 16 and the following substituted: Agreement for credit card 25. (1) A person 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. Liability (2) A person 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 person uses the card. See: 1999, c. 12, Sched. F, ss. 16, 45 (2).
Manner of applying percentage rate
26. The percentage rate by which the cost of borrowing is expressed shall be applied in the manner prescribed by the regulations. R.S.O. 1990, c. C.31, s. 26. Note: On a day to be named by proclamation of the Lieutenant Governor, section 26 is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 16 and the following substituted: Consequence of non-disclosure 26. A borrower under a credit agreement is not liable to pay the lender as part of the cost of borrowing any amount in excess of the amounts specified in the statements that this Part requires the lender to deliver to the borrower in respect of the agreement. See: 1999, c. 12, Sched. F, ss. 16, 45 (2).
When costs of borrowing not recoverable
27. A borrower is not liable to pay a lender as the cost of borrowing any sum in excess of the sum shown in the statement required by section 24 or 25 in respect of the transaction. R.S.O. 1990, c. C.31, s. 27. Note: On a day to be named by proclamation of the Lieutenant Governor, section 27 is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 16 and the following substituted: Required insurance 27. (1) A borrower who is required under a credit agreement to purchase any 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. Disclosure by lender (2) A lender who offers to provide or to arrange insurance required under a credit agreement shall at the same time clearly disclose to the borrower in writing that the borrower may purchase the insurance through an agent from an insurer of the borrower’s choice. See: 1999, c. 12, Sched. F, ss. 16, 45 (2).
Prepayment
28. Where the sum remaining to be paid under an agreement for credit is paid in full before the term of the agreement has expired, (a) the borrower is entitled to a proportionate credit in respect of the cost of borrowing; and (b) the lender is entitled to a proportionate part of the cost of lending, in an amount determined in the manner prescribed by the regulations. R.S.O. 1990, c. C.31, s. 28. Note: On a day to be named by proclamation of the Lieutenant Governor, section 28 is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 16 and the following substituted: Cancellation of optional services 28. (1) A borrower may cancel an optional service of a continuing nature provided by the lender on giving one month’s notice or the shorter period of notice that is specified in the agreement under which the service is provided. Liability of borrower (2) A borrower who cancels 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 cancellation and is entitled to a refund of amounts already paid for those charges. See: 1999, c. 12, Sched. F, ss. 16, 45 (2).
Assignment of negotiable instrument
30. (1) Where a lender assigns a negotiable instrument given to secure credit, the lender shall deliver to the assignee with the negotiable instrument a copy of the statement required by section 24 and, where the lender is a seller, a copy of the contract of sale. R.S.O. 1990, c. C.31, s. 30 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule F, subsection 17 (2) by striking out “section 24” and substituting “section 29.5”. See: 1999, c. 12, Sched. F, ss. 17 (2), 45 (2). Reassignment of negotiable instrument (2) Every assignee of a negotiable instrument who reassigns the instrument shall deliver to his, her or its assignee the statement and contract of sale, if any, received by him, her or it in respect of the instrument. R.S.O. 1990, c. C.31, s. 30 (2). Indemnity (3) Where 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 therefor by any assignor of the instrument who has not complied with subsection (1) or (2), as the case may be. R.S.O. 1990, c. C.31, s. 30 (3).
Obligations of assignee of lender
31. (1) The assignee of any rights of a lender has no greater rights than and is subject to the same obligations, liabilities and duties as the assignor, and the provisions of this Act apply equally to such assignee. R.S.O. 1990, c. C.31, s. 31 (1). Idem (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 on the contract 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 contract an amount that exceeds the payments made by the borrower to that assignee. R.S.O. 1990, c. C.31, s. 31 (2).
Agreements and waivers contrary to Act
33. This Act applies despite any agreement or waiver to the contrary. R.S.O. 1990, c. C.31, s. 33.
Representation
33.1 No person shall publish or cause to be published in writing any representation that the person is registered under this Act. 1997, c. 35, s. 1 (4).
Confidentiality
33.2 (1) Each person employed in the administration of this Act shall preserve secrecy in respect of all information that comes to his or her knowledge in the course of his or her duties or employment and shall not communicate the information to any other person except if, (a) it is required in connection with the administration of this Act and the regulations or any proceedings under this Act or the regulations; (b) the person communicates the information to his or her counsel; or (c) the person to whom the information relates consents. 1997, c. 35, s. 1 (4). Testimony (2) No person to whom subsection (1) applies shall be required to give testimony in a civil suit or proceeding with regard to information obtained in the course of his or her duties or employment except in a proceeding under this Act or the regulations. 1997, c. 35, s. 1 (4).
Consumer sale
34. (1) In this section, “consumer sale” means a contract for the sale of goods made in the ordinary course of business to a purchaser for the purchaser’s consumption or use, but does not include a sale, (a) to a purchaser for resale, (b) to a purchaser whose purchase is in the course of carrying on business, (c) to an association of individuals, a partnership or a corporation, (d) by a trustee in bankruptcy, a receiver, a liquidator or a person acting under the order of a court. R.S.O. 1990, c. C.31, s. 34 (1). Implied warranties (2) The implied conditions and warranties applying to the sale of goods by virtue of the Sale of Goods Act apply to goods sold by a consumer sale and any written term or acknowledgment, whether part of the contract of sale or not, that purports to negative or vary any of such implied conditions and warranties is void and, if a term of a contract, is severable therefrom, and such term or acknowledgment shall not be evidence of circumstances showing an intent that any of the implied conditions and warranties are not to apply. R.S.O. 1990, c. C.31, s. 34 (2).
Rights of buyer and borrower preserved
35. The rights of a buyer or borrower under this Act are in addition to any rights of the buyer or borrower under any other Act or by the operation of law, and nothing in this Act shall be construed to derogate from such rights. R.S.O. 1990, c. C.31, s. 35.
Restrictions on actions
36. (1) In this section, “credit” means the advancing of money, goods or services to or on behalf of another for repayment at a later time, whether or not there is a cost of borrowing, and includes variable credit; (“crédit”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “credit” is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule F, subsection 19 (1). See: 1999, c. 12, Sched. F, ss. 19 (1), 45 (2). “unsolicited goods” means personal property furnished to a person who did not request it and a request shall not be inferred from inaction or the passing of time alone, but does not include, (a) personal property that the recipient knows or ought to know is intended for another person, or (b) personal property supplied under a contract in writing to which the recipient is a party that provides for the periodic supply of personal property to the recipient without further solicitation. (“marchandises non sollicitées”) R.S.O. 1990, c. C.31, s. 36 (1). Credit arrangement (2) No action shall be brought by which to charge any person upon any arrangement for the extension of credit evidenced by a credit card unless the person to whom credit is to be extended requested or accepted the credit arrangement and card in writing, and the obtaining of credit by the person named in the credit card shall be deemed to constitute such written acceptance by the person. R.S.O. 1990, c. C.31, s. 36 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule F, subsection 19 (2). See: 1999, c. 12, Sched. F, ss. 19 (2), 45 (2). Use of unsolicited goods (3) No action shall be brought by which to charge any person for payment in respect of unsolicited goods notwithstanding their use, misuse, loss, damage or theft. R.S.O. 1990, c. C.31, s. 36 (3). Relief from legal obligations (4) Except as provided in this section, the recipient of unsolicited goods or of a credit card that has not been requested or accepted in accordance with subsection (2) has no legal obligation in respect of their use or disposal. R.S.O. 1990, c. C.31, s. 36 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule F, subsection 19 (3) by striking out “or of a credit card that has not been requested or accepted in accordance with subsection (2)”. See: 1999, c. 12, Sched. F, ss. 19 (3), 45 (2).
Referral selling
37. (1) For the purposes of this section in addition to the meanings defined in section 1 for “buyer” and “seller”, “buyer” includes a person who hires or leases goods for consumption where, (a) the person has an option to purchase the goods, or (b) upon compliance with agreed terms, the person will become the owner of the goods or will be entitled to keep them without further payment; (“acheteur”) “seller” includes a person who is in the business of letting goods, by hire or lease, to buyers. (“vendeur”) R.S.O. 1990, c. C.31, s. 37 (1). Prohibition (2) No seller shall hold out to a buyer or prospective buyer any advantage, benefit or gain to the buyer or prospective buyer for doing anything that purports to assist the seller in finding or selling to another prospective buyer. R.S.O. 1990, c. C.31, s. 37 (2). Contracts not binding on buyer (3) Despite the provision for or imposition of a penalty under this Act, any contract entered into following the holding out referred to in subsection (2) is not binding on the buyer. R.S.O. 1990, c. C.31, s. 37 (3).
Order if false advertising
38. (1) If the Director believes on reasonable and probable grounds that a seller or lender is making false, misleading or deceptive statements in an advertisement, circular, pamphlet or similar material, the Director may make an order for the immediate cessation of the use of that material. 1997, c. 35, s. 1 (5). Order effective (2) The order takes effect immediately upon being made. 1997, c. 35, s. 1 (5). Service (3) The Director shall serve the order, together with written reasons for it, on the person named in it. 1997, c. 35, s. 1 (5). Request for a hearing (4) 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 on the Director and the Tribunal within 15 days after service of the order. 1997, c. 35, s. 1 (5). Hearing date (5) If the person gives a notice of request for a hearing within the allowed time, the Tribunal shall schedule and hold the hearing. 1997, c. 35, s. 1 (5). Stay of order (6) The Tribunal may stay the order until it confirms or sets aside the order under subsection (8). 1997, c. 35, s. 1 (5). Parties (7) The Director, the person who requested the hearing and the persons whom the Tribunal specifies are parties to the hearing. 1997, c. 35, s. 1 (5). Powers of Tribunal (8) 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 the Act; or (b) set aside the order. 1997, c. 35, s. 1 (5). Same (9) In confirming or setting aside the order, the Tribunal may substitute its opinion for that of the Director. 1997, c. 35, s. 1 (5). Appeal (10) 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. 1999, c. 12, Sched. G, s. 19 (2). Compliance with order (11) Every person named in an order made under this section who knowingly fails to comply with it, except during the time that it is stayed, is guilty of an offence punishable under section 39. 1997, c. 35, s. 1 (5).
Service
38.1 (1) An order under section 38 is sufficiently served if delivered personally or sent by registered mail addressed to the person to whom service is required to be made at the person’s last known business address. 1997, c. 35, s. 1 (5). Registered mail (2) An order sent by registered mail shall be deemed to have been served on the third day after the day of mailing, unless the person being served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive the order until a later date. 1997, c. 35, s. 1 (5). Exception (3) Despite subsection (1), the Tribunal may order any other method of service in respect of a matter before the Tribunal. 1997, c. 35, s. 1 (5).
Offence
39. (1) Every person who contravenes this Act or the regulations and every director or officer of a corporation who knowingly concurs in a contravention of this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both. R.S.O. 1990, c. C.31, s. 39 (1). Corporations (2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed upon the corporation is $100,000 and not as provided therein. R.S.O. 1990, c. C.31, s. 39 (2). Limitation (3) No proceeding under this section shall be instituted more than three years after the time when the subject-matter of the proceeding arose. R.S.O. 1990, c. C.31, s. 39 (3); 1997, c. 35, s. 1 (6). Deviations from forms (4) For the purposes of this section, an error or omission in any form prescribed or information required to be given by this Act or the regulations shall not be deemed to be in contravention of this Act or the regulations where the person against whom the contravention is alleged proves that the error or omission was accidental or clerical or was beyond the person’s control. R.S.O. 1990, c. C.31, s. 39 (4).
Regulations
40. (1) The Lieutenant Governor in Council may make regulations, (a) prescribing any matter mentioned in this Act as prescribed by the regulations; (b) Repealed: 1997, c. 35, s. 1 (7). (c) prescribing further procedures respecting the conduct of matters coming before the Tribunal; (d) providing for the responsibility for payment of witness fees and expenses in connection with proceedings before the Tribunal and prescribing the amounts thereof; (e) providing for the form and terms of bonds and collateral security with respect to persons who were registered as itinerant sellers under this Act or any class of them, and providing for the forfeiture of bonds and the disposition of the proceeds; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (e) is repealed by the Statutes of Ontario, 1997, chapter 35, subsection 1 (9). See: 1997, c. 35, ss. 1 (9), 5 (2). (f) Repealed: 1997, c. 35, s. 1 (10). (g) prescribing the form of statements of the cost of borrowing; (h) prescribing amounts for the purposes of section 18 and the definition of “direct sales contract” in section 23.1; (i) governing what information must be contained in a direct sales contract and the written copy of a direct sales contract; (j) prescribing the circumstances in which a seller is not required to refund all money paid by a buyer under clause 23.6 (2) (a) and prescribing limits on the amount of money a seller is not required to refund in those circumstances; (j.1) respecting the form in which a person is authorized to make representations or to make information available under section 29.3 or 32.2 or the form in which a person is required to make a statement under Part III or III.1; (j.2) prescribing the maximum liability of a borrower under a credit agreement for a credit card in cases where the borrower has not authorized the use of the card; (j.3) limiting the amount of compensation that a lessor may charge the lessee for termination of the lease before the end of the lease term; (k) exempting any class of buyer, seller, lender or borrower from the application of this Act or any provision of it; (l) prescribing forms for the purposes of this Act and providing for their use; (m) requiring any information required to be furnished or contained in any form or return to be verified by affidavit; (n) defining any expression used in Part II or Part III of this Act; (o) Repealed: 1999, c. 12, Sched. F, s. 20 (4). R.S.O. 1990, c. C.31, s. 40; 1997, c. 35, s. 1 (7, 8, 10, 11); 1998, c. 18, Sched. E, s. 55; 1999, c. 12, Sched. F, s. 20 (1-4). Application of regulations (2) A regulation may, (a) be general or specific in nature; (b) define classes of credit agreements or leases for the purpose of the regulations; and (c) provide differently for different classes of credit agreements or leases. 1999, c. 12, Sched. F, s. 20 (5). ______________ Français