jswizzle3737/ontario_laws_and_regs huggingface dataset:
Non-application of s. 47.1 of the Act, no control of rewards points
 43.5 (1) Section 47.1 of the Act does not apply to a consumer agreement under which rewards points are provided if the supplier under the agreement does not direct or control the expiry of the rewards points. O. Reg. 388/17, s. 1. (2) Despite subsection (1), section 47.1 of the Act applies to a consumer agreement under which rewards points are provided if the supplier under the agreement has entered into an agreement with another person who directs or controls the expiry of the rewards points for the supplier. O. Reg. 388/17, s. 1.
Expiry of rewards points due to the passage of time alone
 43.6 (1) For the purposes of subsection 47.1 (1) of the Act, the expiry of rewards points due to the passage of time alone means that the points expire based solely on when a certain point in time is reached or when a certain amount of time has elapsed. O. Reg. 388/17, s. 1. (2) Despite subsection 47.1 (1) of the Act, a consumer agreement under which rewards points are provided may provide that the points expire in accordance with the agreement if the consumer has not earned or redeemed points during a specified period of time. O. Reg. 388/17, s. 1. (3) Despite subsection 47.1 (1) of the Act, if the consumer under a consumer agreement under which rewards points are provided is required to purchase goods or services from either the supplier with whom the consumer has entered into the agreement or from a third party in order to earn rewards points and if the supplier or third party, as the case may be, gratuitously issues or offers to issue rewards points to the consumer unrelated to any purchase of goods or services by the consumer, the agreement may provide that the gratuitous points expire due to the passage of time alone if, (a)  the supplier gives notice to the consumer when issuing or offering the points that the points or offer of points will expire due to the passage of time alone; and (b)  the expiry occurs no later than 30 days after the date on which the points were issued or offered. O. Reg. 388/17, s. 1. (4) Subject to this section, a consumer agreement under which rewards points are provided contravenes subsection 47.1 (1) of the Act if it provides that points expire due to the passage of time alone unless the consumer actively requests that the points not expire or that they be reinstated. O. Reg. 388/17, s. 1.
Termination of consumer agreement
 43.7 For the purposes of section 47.1 of the Act, if the supplier under a consumer agreement under which rewards points are provided terminates the portions of the agreement that relate to rewards points, but not the portions of the agreement that do not relate to rewards points, such a termination constitutes a termination for the purpose of the section. O. Reg. 388/17, s. 1.
Credit back of rewards points
 43.8 (1) The credit back obligation in subsection 47.1 (5) of the Act applies only to rewards points that expired in the time period described in that subsection due to the passage of time alone. O. Reg. 388/17, s. 1. (2) Subsection 47.1 (6) of the Act does not apply to a consumer agreement described in that subsection if, (a)  the consumer under the agreement has requested that the supplier terminate the agreement and the supplier has done so; (b)  before October 1, 2016, the supplier under the agreement gave notice to the consumer that the agreement was going to terminate and the agreement terminated before that subsection came into force; or (c)  the agreement has been terminated in accordance with its terms and the terms relating to rewards points have not been amended after October 1, 2016. O. Reg. 388/17, s. 1. (3) For greater certainty, subsection 47.1 (6) of the Act only applies to those provisions of a consumer agreement relating to rewards points. O. Reg. 388/17, s. 1. (4) Subsections 47.1 (5) and (6) of the Act do not apply to a consumer agreement under which rewards points are provided if the supplier providing points gave notice, before December 8, 2016, to the consumers that the entire program for providing rewards points that is associated with the consumer agreement was being wound up. O. Reg. 388/17, s. 1.
Reinstated or recreated consumer agreement
 43.9 (1) Subsection (2) applies if a supplier terminates a consumer agreement under which rewards points are provided and, within 12 months, (a)  the supplier purports to reinstate the agreement or enter into a new consumer agreement with the consumer that is substantially similar to any previously terminated consumer agreement between them under which rewards points were provided; and (b)  the supplier purports to enter into the reinstated or new agreement described in clause (a) without the consumer’s explicit consent at the time the supplier purports to enter into the reinstated or new agreement. O. Reg. 388/17, s. 1. (2) The supplier shall credit back the consumer with at least the same number of rewards points the consumer had upon the termination of the consumer agreement that the supplier terminated under subsection (1). O. Reg. 388/17, s. 1. (3) For greater certainty, if the supplier receives the consumer’s explicit consent to enter into the reinstated or new agreement described in clause (1) (a) at the time described in clause (1) (b), the supplier is not required to comply with subsection (2) and the rewards points that the consumer had upon the termination of the consumer agreement expire if the terminated agreement so provided. O. Reg. 388/17, s. 1. Part V   Loan Brokering and Credit Repair — Part V of the Act
PART V LOAN BROKERING AND CREDIT REPAIR — PART V OF THE ACT
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Prohibited representations, loan broker
 45. For the purpose of section 53 of the Act, the following are prohibited representations in the case of a loan broker: 1.  An express or implied representation that the loan broker is approved, licensed or registered by the Government of Canada, the Government of Ontario or the government of any other province or territory of Canada. 2.  An express or implied representation that the operations of the loan broker are regulated by the Government of Canada, the Government of Ontario or the government of any other province or territory of Canada.  O. Reg. 17/05, s. 45.
Prohibited representations, credit repairer
 47. (1) For the purpose of section 53 of the Act, the following are prohibited representations in the case of a credit repairer:  1.  An express or implied representation that the credit repairer is approved, licensed or registered by the Government of Canada, the Government of Ontario or the government of any other province or territory of Canada. 2.  An express or implied representation that the operations of the credit repairer are regulated by the Government of Canada, the Government of Ontario or the government of any other province or territory of Canada. 3.  Subject to subsection (2), an express or implied representation that the credit repairer will be able to cause a material improvement to the consumer report, credit information, file, personal information, credit record, credit history or credit rating of a consumer.  O. Reg. 17/05, s. 47 (1); O. Reg. 426/15, s. 3. (2) The representation described in paragraph 3 of subsection (1) is not a prohibited representation if the credit repairer makes the representation after, (a)  examining the consumer’s consumer report, credit information, file, personal information, credit record, credit history or credit rating; and (b)  reasonably concluding that the consumer’s consumer report, credit information, file, personal information, credit record, credit history or credit rating is inaccurate or incomplete and correcting, supplementing or deleting any item of information would cause a material improvement to the consumer’s consumer report, credit information, file, personal information, credit record, credit history or credit rating.  O. Reg. 17/05, s. 47 (2). Part VI   Repairs to Motor Vehicles — Part VI of the Act
PART VI REPAIRS TO MOTOR VEHICLES — PART VI OF THE ACT
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Estimates
 48. For the purpose of subsection 56 (1) of the Act, an estimate of the total cost of work on and repairs to a vehicle shall be in writing and shall set out the following information: 1.  The name of the consumer. 2.  The name of the repairer and, if different, the name under which the repairer carries on business. 3.  The telephone number of the repairer, the address of the premises from which the repairer conducts business, and information respecting other ways, if any, in which the repairer can be contacted by the consumer, such as the fax number and e-mail address of the repairer. 4.  The make, model, vehicle identification number and licence number of the vehicle. 5.  The odometer reading of the vehicle at the time of the estimate. 6.  An exact description of the work to be done on and the repairs to be made to the vehicle. 7.  An itemized list of the parts to be installed and a statement as to whether each part is a new part provided by the original equipment manufacturer, a new part not provided by the original equipment manufacturer, a used part or a reconditioned part. 8.  The amount that the consumer will be charged for each part listed under paragraph 7. 9.  The number of hours to be billed for doing the work and making the repairs, the hourly rate to be charged, any flat rate that will be applied in respect of any of the work or repairs and the total charge for labour. 10.  An itemized list of all other goods and services, such as storing the vehicle, picking up or delivering the vehicle or providing the consumer with another vehicle on a temporary basis other than services to which Part VI.1 of the Act applies, that are to be provided to the consumer in connection with the transaction and for which the consumer will be charged, and the amount to be charged for each such good or service. Note: On January 1, 2024, the day subsection 65 (2) of Schedule 3 to the Moving Ontarians More Safely Act, 2021 comes into force, paragraph 10 of section 48 of the Regulation is amended by striking out “Part VI.1 of the Act” and substituting “the Towing and Storage Safety and Enforcement Act, 2021”. (See: O. Reg. 165/23, s. 3) 11.  If the consumer has declined the return of any parts to be removed in the course of work on or repairs to the vehicle, i.  a statement to that effect, and ii.  the resulting reduction, if any, in price. 12.  The total amount to be billed to the consumer. 13.  The date on which the estimate is given and the date after which it ceases to apply. 14.  The date by which the work and repairs will be completed. 15.  That the repairer will not charge the consumer an amount that exceeds the amount estimated under paragraph 12 by more than 10 per cent.  O. Reg. 17/05, s. 48; O. Reg. 426/15, s. 4.
Authorization not in writing
 49. For the purpose of section 59 of the Act, if an authorization that is not in writing is given to a repairer who works on or repairs vehicles, the following is required to be recorded in order for the authorization to be effective:  1.  The name of the person giving the authorization. 2.  The date and time of the authorization. 3.  If the non-written authorization is given by telephone, the telephone number of the person giving the authorization, and if the non-written authorization is given by a method other than telephone, information regarding how the person giving the authorization can be contacted using the other method.  O. Reg. 17/05, s. 49.
Posting signs
 50. For the purpose of section 60 of the Act, a repairer who works on or repairs vehicles shall post the following information on one or more signs, in such a manner that the disclosure of the information is clear, comprehensible and prominent: 1.  That the repairer is required to provide a written estimate unless, i.  the repairer offers to give the consumer an estimate and the consumer declines the offer of an estimate, ii.  the consumer specifically authorizes a maximum amount that the consumer will pay the repairer to do the work and make the repairs, and iii.  the cost charged for the work and repairs does not exceed the maximum amount authorized by the consumer. 2.  Whether there is a fee for an estimate and, if so, i.  the amount of the fee, and ii.  that if the work and repairs are authorized and carried out, the fee for the estimate will not be charged unless the authorization is unreasonably delayed and the vehicle is reassembled before being worked on or repaired so that it can be moved in order to free repair space. 3.  A description of the method that will be used to compute labour charges, including, i.  the hourly rate that will be charged, ii.  whether a flat rate will be applied in respect of any of the work or repairs and, if so, the flat rate and the work or repairs to which it will be applied, and iii.  whether there will be a charge for diagnostic time and, if so, the manner of determining the amount that will be charged. 4.  Whether the repairer or any of the persons doing the work or making the repairs on the repairer’s behalf receive any commissions for parts sold and, if so, the manner of determining the commission and the parts to which it applies. 5.  An itemized list of all goods and services, other than parts, shop supplies and labour, for which the consumer may be charged, such as storing the vehicle, picking up or delivering the vehicle or providing the consumer with another vehicle on a temporary basis other than services to which Part VI.1 of the Act applies, and the amount that will be charged for each such good or service. Note: On January 1, 2024, the day subsection 65 (2) of Schedule 3 to the Moving Ontarians More Safely Act, 2021 comes into force, paragraph 5 of section 50 of the Regulation is amended by striking out “Part VI.1 of the Act” and substituting “the Towing and Storage Safety and Enforcement Act, 2021”. (See: O. Reg. 165/23, s. 4) 6.  That each part removed in the course of work or repairs will be available to the consumer after the work and repairs are completed, unless, i.  the repairer is advised, at the time the work and repairs are authorized, that the consumer does not require the return of the part, ii.  the part is replaced under a warranty that requires the return of the part to the manufacturer or distributor, or iii.  the consumer is not charged for the replacement part or for work on or repair to the part.  O. Reg. 17/05, s. 50; O. Reg. 426/15, s. 5.
Exemption from vehicle warranty
 52. Section 63 of the Act does not apply to, (a)  fluids, filters, lights, tires or batteries; (b)  a part that was not warranted by the manufacturer of the vehicle when the vehicle was sold as new; (c)  a part installed or the labour required to install it under a warranty that provides, in terms of time and distance, coverage equal to or greater than the coverage provided by the warranty under section 63 of the Act.  O. Reg. 17/05, s. 52. Note: On January 1, 2024, the day subsection 65 (2) of Schedule 3 to the Moving Ontarians More Safely Act, 2021 comes into force, Part VI.1 of the Regulation is revoked. (See: O. Reg. 165/23, s. 6) Part VI.1   Tow and Storage Services
PART VI.1 TOW AND STORAGE SERVICES
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Definitions and interpretation
 52.1 (1) In this Part, “address” means a municipal address or, if one is not available, such geographic and other information sufficient to identify the relevant location; (“adresse”) “tow and storage services operator” means, (a)  with respect to tow services, a supplier who, as the owner, operator or driver of a commercial motor vehicle that is used to provide tow services, (i)  is required under section 16 of the Highway Traffic Act to hold or to carry a valid CVOR certificate, or (ii)  is exempt, under section 1.1 of Ontario Regulation 424/97 (CVOR Certificates) made under that Act, from the requirements of section 16 of that Act, or (b)  with respect to storage services, a supplier who provides storage services, in respect of a tow service that is subject to this Part, for vehicles towed or transported to the premises from which the supplier conducts business by or on behalf of a supplier described in clause (a); (“exploitant de services de remorquage et d’entreposage”) “tow truck” has the same meaning as in clause (b) of the definition of commercial motor vehicle in subsection 3 (1) of Ontario Regulation 419/15 (Definitions of Commercial Motor Vehicle and Tow Truck) made under the Highway Traffic Act; (“dépanneuse”) “tow truck broker” means a supplier who, in the course of business, arranges for the hiring of tow services that are provided by using a tow truck not owned or operated by the supplier. (“courtier en dépanneuses”) O. Reg. 426/15, s. 7. (2) For the purposes of clause (a) of the definition of “tow and storage services operator” in subsection (1), “commercial motor vehicle” has the same meaning as in section 3 of Ontario Regulation 419/15 (Definitions of Commercial Motor Vehicle and Tow Truck) made under the Highway Traffic Act; “CVOR certificate” has the same meaning as in the Highway Traffic Act; “operator” has the same meaning as in subsection 16 (1) of the Highway Traffic Act; “owner” has the same meaning as in section 207 of the Highway Traffic Act. O. Reg. 426/15, s. 7. (3) For the purposes of Part VI.1 of the Act, a tow truck driver is a supplier. O. Reg. 426/15, s. 7.
Non-application of Act and Regulation
 52.2 (1) For the purposes of subsection 65.2 (2) of the Act, the following do not apply in respect of tow and storage services arising as a result of a vehicle being impounded or otherwise detained under the authority of any other Act or regulation of Ontario or Canada or any municipal by-law, or pursuant to a lawful power of seizure with respect to the vehicle: 1.  Part VI.1 of the Act, except for sections 65.5 (posting identifiers and other information), 65.8 (publication of rates), 65.15 (payment options), 65.16 (prohibitions) and 65.17 (additional duties and obligations). 2.  This Part of this Regulation, except for sections 52.5 (posting identifiers and other information), 52.8 (publication of rates), 52.11 (prohibitions) and 52.12 (additional duties and obligations). O. Reg. 426/15, s. 7. (2) For the purposes of subsection 65.2 (2) of the Act, the following do not apply to tow truck brokers: 1.  Sections 65.7 (insurance) and 65.12 (duty re contents of vehicle) of the Act. 2.  Paragraph 3 of subsection 52.5 (1) and subsection 52.5 (2) (posting identifiers and other information), section 52.7 (insurance), section 52.10 (duty re contents of vehicle) and paragraph 4 of subsection 52.13 (1) (record keeping and reporting) of this Regulation. O. Reg. 426/15, s. 7. (3) For the purposes of subsection 65.2 (2) of the Act, the following do not apply in respect of tow and storage services when a consumer is not charged for the specific service being provided because the service is provided under a pre-paid agreement or membership in an association or in connection with the purchase or lease of a vehicle: 1.  Sections 65.3 (disclosure), 65.4 (authorization) and 65.6 (invoice) of the Act. 2.  Sections 52.3 (disclosure), 52.4 (authorization), 52.6 (invoice) and paragraphs 1, 2 and 3 of subsection 52.13 (1) (record keeping and reporting) of this Regulation. O. Reg. 426/15, s. 7.
Disclosure
 52.3 (1) The following information is prescribed information for the purposes of section 65.3 of the Act: 1.  The name of the tow and storage provider and, if different, the name under which the provider carries on business. 2.  The telephone number of the tow and storage provider, the address of the principal place of business of the provider and information respecting other ways, if any, in which the consumer can contact the provider, such as the fax number and e-mail address of the provider. 3.  A statement of rates that complies with section 65.8 of the Act and that the tow and storage provider charges for the tow and storage services that the provider provides, which statement shall include the amount of the fee described in subsection 52.10 (2). 4.  The address of the location to which the tow and storage provider will have the vehicle that is the subject of the tow and storage services towed, and the address of the location of any anticipated stops before that destination. 5.  A statement that the tow and storage provider must, before demanding or receiving payment, deliver a written invoice to the consumer detailing the tow and storage services provided. 6.  A statement that the tow and storage provider must accept payment for tow and storage services by credit card or cash at the consumer’s choice. 7.  The Tow and Storage Consumers Bill of Rights if a Minister’s regulation has established it under subsection 65.11 (2) of the Act. O. Reg. 426/15, s. 7. (2) For the purposes of section 65.3 of the Act, a tow and storage provider shall give the information required by that section to the consumer or the prescribed person acting on behalf of the consumer under subsection 65.4 (1) of the Act before the consumer or the person, as the case may be, gives the authorization required by section 65.4 of the Act. O. Reg. 426/15, s. 7. (3) If the information required by section 65.3 of the Act is not given in writing, the tow and storage provider shall, (a)  make a written record of the disclosure of the information that includes the following: (i)  the name and contact information of the person to whom the information is given, (ii)  the date and time at which the information is given, (iii)  if the information is given by telephone, the telephone number of the tow and storage provider, and (iv)  if the information is given by a method other than telephone, information about how the tow and storage provider can be contacted; and (b)  give a copy of the written record of the disclosure of the information and of the information in writing to the person described in subclause (a) (i) as soon as is practicable. O. Reg. 426/15, s. 7.
Authorization required
 52.4 (1) For the purposes of subsection 65.4 (1) of the Act, a prescribed person means a person acting on behalf of the consumer. O. Reg. 426/15, s. 7. (2) For the purposes of subsection 65.4 (1) of the Act, a consumer is unable to give the authorization required by section 65.4 of the Act if the consumer is unable to give the authorization as a result of the circumstances that gave rise to the need for the tow and storage services or has been removed from the scene of an accident or apparent accident. O. Reg. 426/15, s. 7. (3) An authorization required by section 65.4 of the Act shall include, (a)  the name and contact information of the consumer, if the consumer gave the authorization, or of the person acting on behalf of the consumer, if the consumer is unable to give the authorization; and (b)  the date and time at which the authorization is given. O. Reg. 426/15, s. 7. (4) An authorization required by section 65.4 of the Act is not effective unless it is given by the consumer or a person acting on behalf of the consumer before any services are commenced. O. Reg. 426/15, s. 7. (5) Upon receiving an authorization required by section 65.4 of the Act from a person, a tow and storage provider shall provide a copy of the authorization to the person. O. Reg. 426/15, s. 7. (6) If an authorization required by section 65.4 of the Act is not given in writing, the authorization is not effective unless the tow and storage provider makes a written record of the information described in subsection (3) that includes, (a)  if the authorization is given by telephone, the telephone number of the person giving the authorization; or (b)  if the authorization is given by a method other than telephone, information about how the person giving the authorization can be contacted. O. Reg. 426/15, s. 7. (7) The tow and storage provider shall give a copy of the written record referred to in subsection (6) to the person giving the authorization as soon as is practicable. O. Reg. 426/15, s. 7. (8) Subsection 65.4 (2) of the Act does not prevent a consumer or a person acting on behalf of the consumer from agreeing to amend the estimated amount that may be paid for services authorized or the estimate based on a method of computing an amount that may be paid for services authorized, if the consumer or the person acting on behalf of the consumer requires additional or different services. O. Reg. 426/15, s. 7.
Posting identifiers and other information
 52.5 (1) The information that section 65.5 of the Act requires a tow and storage provider to post is the following: 1.  The provider’s name, and if different, the name under which the provider carries on business. 2.  The provider’s telephone number. 3.  If the provider operates more than one tow truck, a unique number identifying each tow truck. 4.  The provider’s municipal business licence number, if applicable. O. Reg. 426/15, s. 7. (2) The tow and storage provider shall post the information described in subsection (1) on both sides of each tow truck that the provider operates, if any, by attaching it to or having it painted on the body of the tow truck in letters and figures not less than eight centimetres, which is approximately three inches, in height. O. Reg. 426/15, s. 7. (3) The tow and storage provider shall post the information described in paragraphs 1, 2 and 4 of subsection (1) on one or more signs so that it is clear, comprehensible and prominent at all premises from which the provider conducts business. O. Reg. 426/15, s. 7. (4) If the tow and storage provider maintains a website, the website shall include the information described in paragraphs 1, 2 and 4 of subsection (1) in a form that can be reproduced. O. Reg. 426/15, s. 7.
Invoice
 52.6 (1) The invoice that section 65.6 of the Act requires a tow and storage provider to deliver before demanding or receiving payment shall be in writing. O. Reg. 426/15, s. 7. (2) The additional information that section 65.6 of the Act requires a tow and storage provider to include in the invoice is the following: 1.  The name of the consumer. 2.  The provider’s name, and if different, the name under which the provider carries on business. 3.  The provider’s telephone number, the address of the principal place of business of the provider and information respecting other ways, if any, in which the consumer can contact the provider, such as the fax number and e-mail address of the provider. 4.  If the provider operates more than one tow truck, the unique number identifying the tow truck providing the services. 5.  The provider’s municipal business licence number, if applicable. 6.  The make, model, vehicle identification number and licence number of the vehicle. 7.  The date and time when the services commenced or are to commence. 8.  The address of the location where the services commenced or are to commence, the address of the location to which the vehicle was towed or is to be towed, the address of the location of any stops that are anticipated or have occurred in between, and, if applicable, the business name of each of those locations. 9.  A unique invoice number. 10.  The name of the tow truck driver. 11.  A statement that the provider must accept payment for tow and storage services by credit card or cash at the consumer’s choice. O. Reg. 426/15, s. 7.
Insurance
 52.7 For the purposes of subsection 65.7 (1) of the Act, a tow and storage services operator shall maintain insurance coverage for the following kinds of liability in the following amounts in respect of any one claim: 1.  Coverage against liability resulting from bodily injury to or the death of one or more persons and loss or damage to property, in the amount of at least $2,000,000 exclusive of interest and costs. 2.  Coverage against liability for damage to a vehicle of the consumer while in the provider’s care, custody or control, in the amount of at least $100,000. 3.  Cargo liability insurance in the amount of at least $50,000. O. Reg. 426/15, s. 7.
Publication of rates
 52.8 (1) A tow and storage provider shall make available a copy of the current statement of rates required by section 65.8 of the Act at all premises from which the provider conducts business, and shall provide a copy to any person upon request. O. Reg. 426/15, s. 7. (2) If a tow and storage provider maintains a website, the website shall include the information described in subsection (1) in a form that can be reproduced. O. Reg. 426/15, s. 7.
Disclosure of interest
 52.9 (1) For the purposes of subsection 65.10 (1) of the Act, a prescribed person means a person acting on behalf of the consumer. O. Reg. 426/15, s. 7. (2) A tow and storage provider shall make the disclosure of interest required by section 65.10 of the Act to the consumer or a person acting on behalf of the consumer, (a)  before the consumer or the person, as the case may be, gives the authorization required by section 65.4 of the Act, in circumstances where such authorization is required; or (b)  before the tow and storage services are commenced, in circumstances where such authorization is not required. O. Reg. 426/15, s. 7. (3) If the disclosure of interest required by section 65.10 of the Act is not given in writing, the tow and storage provider shall, (a)  make a written record of the disclosure that includes the following: (i)  the name and contact information of the person to whom the disclosure is given, (ii)  the date and time at which the disclosure is given, (iii)  if the disclosure is given by telephone, the telephone number of the tow and storage provider, and (iv)  if the disclosure is given by a method other than telephone, information about how the tow and storage provider can be contacted; and (b)  give a copy of the written record of the disclosure and of the disclosure in writing to the person described in subclause (a) (i) as soon as is practicable. O. Reg. 426/15, s. 7.
Duty re contents of vehicle
 52.10 (1) A tow and storage provider shall provide the access required by subsection 65.12 (1) of the Act by, (a)  having the location where the vehicle is stored be open to the public from 8:00 a.m. to 5:00 p.m. on all business days; and (b)  providing a telephone number that the consumer or a person acting on behalf of the consumer can call to gain access to the vehicle at other times. O. Reg. 426/15, s. 7. (2) A tow and storage provider may charge a reasonable fee for permitting access to the consumer or a person acting on behalf of the consumer at a time other than the times specified in clause (1) (a). O. Reg. 426/15, s. 7. (3) In this section, “business day” means a day that is not, (a)  Saturday, or (b)  a holiday within the meaning of section 88 of the Legislation Act, 2006, other than Easter Monday and Remembrance Day. O. Reg. 426/15, s. 7.
Prohibitions
 52.11 (1) A tow and storage provider shall not recommend to a consumer or a person acting on behalf of the consumer any of the following, unless the consumer or the person specifically requests such a recommendation or the provider offers to make such a recommendation and the consumer or the person accepts the offer: 1.  The towing or transportation of any vehicle in respect of which the provider’s services are to be provided to any particular salvage yard, repairer, storage yard, garage, building or place. 2.  The legal services provided by any person, corporation, partnership, sole proprietor, association or other entity authorized under the Law Society Act to practise law or provide legal services in Ontario. 3.  A health care service provided by any member of a College as defined in the Regulated Health Professions Act, 1991 or at a facility at which any member of a College as defined in that Act practises his or her profession. O. Reg. 426/15, s. 7. (2) Subject to subsection (3), a tow and storage provider shall not charge an amount for tow and storage services that is greater than the amount that the provider usually charges for those services merely because the provider provides them as a result of a vehicle having been impounded or otherwise detained under the authority of any other Act or regulation of Ontario or Canada or any municipal by-law. O. Reg. 426/15, s. 7. (3) Subsection (2) does not apply where there is an agreement that contains terms of payment for tow and storage services in respect of the impoundment or other detention of a vehicle authorized under any other Act or regulation of Ontario or Canada or any municipal by-law. O. Reg. 426/15, s. 7.
Additional duties and obligations
 52.12 (1) If a tow and storage provider makes a recommendation described in subsection 52.11 (1) upon the request or acceptance of a consumer or a person acting on behalf of the consumer, the provider shall disclose to the consumer or the person, (a)  the benefits and consideration that are due to the provider or another person as a result of making the recommendation; or (b)  that there are no benefits or consideration due to the provider or to another person, if that is the case. O. Reg. 426/15, s. 7. (2) A tow and storage provider shall make the disclosure required by subsection (1) to the consumer or a person acting on behalf of the consumer, (a)  before the consumer or the person, as the case may be, gives the authorization required by section 65.4 of the Act, in circumstances where such authorization is required; or (b)  before the tow and storage services are commenced, in circumstances where such authorization is not required. O. Reg. 426/15, s. 7. (3) If the disclosure required by subsection (1) is not given in writing, the tow and storage provider shall, (a)  make a written record of the disclosure that includes the following: (i)  the name and contact information of the person to whom the disclosure is given, (ii)  the date and time at which the disclosure is given, (iii)  if the disclosure is given by telephone, the telephone number of the tow and storage provider, and (iv)  if the disclosure is given by a method other than telephone, information about how the tow and storage provider can be contacted; and (b)  give a copy of the written record of the disclosure and of the disclosure in writing to the person described in subclause (a) (i) as soon as is practicable. O. Reg. 426/15, s. 7.
Record keeping and reporting
 52.13 (1) The following are prescribed records that section 65.19 of the Act requires a tow and storage provider to maintain: 1.  A copy of the disclosure of information that the provider gives and a copy of the written records of the disclosure where the disclosure is not given in writing, as required under section 65.3 of the Act. 2.  A copy of the authorizations that the provider obtains and a copy of the written records of the authorizations where the authorization is not given in writing, as required under section 65.4 of the Act. 3.  A copy of the invoices that section 65.6 of the Act requires the provider to deliver. 4.  A copy of the insurance policy that section 65.7 of the Act requires the provider to maintain. 5.  The current statement of rates that section 65.8 of the Act requires the provider to maintain. 6.  A copy of the disclosure of interest that the provider gives and a copy of the written records of the disclosure where the disclosure is not given in writing, as required under section 65.10 of the Act. 7.  A copy of the disclosure that the provider gives and a copy of the written records of the disclosure where the disclosure is not given in writing, as required under section 52.12 of this Regulation. O. Reg. 426/15, s. 7. (2) A tow and storage provider shall maintain the records described in subsection (1) at the provider’s principal place of business for a period of no less than three years. O. Reg. 426/15, s. 7.
Transition
 52.14 The following provisions of the Act are prescribed provisions for the purposes of subsection 65.21 (2) of the Act: 1.  Section 65.3 (disclosure). 2.  Section 65.4 (authorization). 3.  Section 65.5 (posting identifiers and other information). 4.  Section 65.6 (invoice), if a tow and storage provider under a consumer agreement for tow and storage services has delivered an invoice to the consumer before the day that section comes into force. 5.  Section 65.7 (insurance). 6.  Section 65.10 (disclosure of interest). 7.  Section 65.16 (prohibitions). 8.  Section 65.17 (additional duties and obligations). 9.  Section 65.19 (record keeping and reporting). O. Reg. 426/15, s. 7. Part VII   Credit agreements — Part VII of the Act
PART VII CREDIT AGREEMENTS — PART VII OF THE ACT
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Definitions
 53. In this Part, “grace period” means a period for which charges specified in the credit agreement that accrue during the period will be forgiven if the borrower satisfies conditions specified in the credit agreement.  O. Reg. 17/05, s. 53; O. Reg. 168/07, s. 1; O. Reg. 96/09, s. 2.
Cost of borrowing
 56. (0.1) For the purpose of the definition of “cost of borrowing” in section 66 of the Act, the following amounts are prescribed as included in the cost of borrowing with respect to a credit agreement as defined in that section: 1.  Any amount payable by the borrower, upon entering into the agreement, to process a payment provided by the borrower under the agreement. 2.  Any other amount payable by the borrower, upon entering into the agreement, in connection with the agreement.  O. Reg. 96/09, s. 5. (1) For the purpose of clause (a) of the definition of “cost of borrowing” in section 66 of the Act, the cost of borrowing does not include a payment or repayment by the borrower of any portion of the total of the advances received by the borrower.  O. Reg. 17/05, s. 56 (1). (2) For the purpose of clause (b) of the definition of “cost of borrowing” in section 66 of the Act, the following are prescribed as charges that are not included in the cost of borrowing: 1.  If the borrower gives a security interest in personal property to secure the borrower’s indebtedness under the credit agreement, i.  the cost of professional services obtained for the purpose of confirming the value, condition, location or conformity to law of the property that is subject to the security interest, if the borrower receives a report signed by the person providing the professional services and is entitled to give the report to others, ii.  the cost of insurance for the property that is subject to the security interest, if the borrower is the beneficiary of the insurance and the insured amount is the full insurable value of the property, iii.  the cost of registering a financing statement or financing change statement in a public registry of security interests in personal property, and the cost of searching or obtaining information from the registry, in relation to the security interest given by the borrower, and iv.  the cost of registering in the land titles or registry system a notice of security interest under clause 54 (1) (a) of the Personal Property Security Act, an extension notice under subsection 54 (3) of that Act or a certificate to discharge or partially discharge a notice of security interest under subsection 54 (4) of that Act, and the cost of searching or obtaining information from the system, in relation to the security interest given by the borrower. 2.  The cost of searching vehicle records under the Highway Traffic Act in order to confirm the ownership or vehicle identification number of a vehicle and the cost of obtaining a statement, or a certified copy of a statement, containing information from the vehicle records. 3.  Default charges. 4.  Prepayment charges and penalties. 5.  Charges for optional services accepted by the borrower.  O. Reg. 17/05, s. 56 (2). (3) “Cost” means, (a)  in subparagraphs 1 iii and iv of subsection (2), the fees paid for the registration, search or information and the service fees paid to an agent, if any; and (b)  in paragraph 2 of subsection (2), the fees paid for the search or statement and the service fees paid to an agent, if any.  O. Reg. 17/05, s. 56 (3).
Floating rate
 57. In order for an index to qualify as a public index for the purpose of the definition of “floating rate” in section 66 of the Act, the index shall be one that is made public at least weekly in a publication that has general circulation in Ontario.  O. Reg. 17/05, s. 57.
Maximum liability for unauthorized charges
 58. (1) This section applies to charges that are incurred without the authorization of the borrower under a credit agreement for a credit card when the credit card is used after having been lost or stolen.  O. Reg. 17/05, s. 58 (1). (2) For the purpose of section 69 of the Act, (a)  the borrower is not liable for charges that are incurred after the borrower gives the lender oral or written notice of the loss or theft of the credit card; and (b)  the maximum liability of the borrower for charges that are incurred before the borrower gives the lender oral or written notice of the loss or theft of the credit card is the lesser of, (i)  $50, and (ii)  the amount fixed or agreed to by the lender as the maximum amount for which the borrower will be liable in such cases.  O. Reg. 17/05, s. 58 (2).
Transition, liability for cost of borrowing
 59. In applying section 70 of the Consumer Protection Act, 2002
to a credit agreement that was entered into before the day the section was proclaimed in force, a statement that was required to be furnished to the borrower in respect of the credit agreement under section 24 or 25 of the Consumer Protection Act before its repeal by the Consumer Protection Statute Law Amendment Act, 2002 shall be deemed to be a statement required to be delivered to the borrower by Part VII of the Consumer Protection Act, 2002.  O. Reg. 17/05, s. 59.
Refund or credit to borrower on prepayment
 60. (1) For the purpose of subsection 76 (2) of the Act, if a borrower prepays the full outstanding balance under a credit agreement for fixed credit, the lender shall refund to the borrower or credit the borrower with the portion, determined under subsection (2), of each charge that was paid by the borrower under the agreement or added to the balance under the agreement and that forms part of the cost of borrowing, other than a charge for interest.  O. Reg. 17/05, s. 60 (1). (2) For each charge, other than interest, that was paid by the borrower under the agreement or added to the balance under the agreement and that forms part of the cost of borrowing, the portion of the charge that is to be refunded or credited to the borrower is the amount determined using the formula, C × [(N – M) ÷ N] in which, “C”  is the amount of the charge, “N”  is the length of the period between the time the charge was imposed and the scheduled end of the term of the credit agreement, and “M”  is the length of the period between the time the charge was imposed and the time of the prepayment. O. Reg. 17/05, s. 60 (2). (3) If a loan broker assists a consumer to obtain credit or a loan of money and the creditor is not in the business of extending credit or lending money, the obligation that subsection 76 (2) of the Act would impose on a lender shall, for the purpose of subsection 67 (2) of the Act, be deemed to be an obligation of the creditor and not the loan broker.  O. Reg. 17/05, s. 60 (3).
Disclosure, credit card applications
 62. (1) A credit card issuer shall disclose, in the credit card application form that the issuer requires borrowers to complete or in a document accompanying the credit card application form, (a)  the following information: (i)  the annual interest rate payable by the borrower under the credit agreement, if it is not a floating rate, (ii)  if the annual interest rate payable by the borrower under the credit agreement is a floating rate, the public index to which the floating rate bears a mathematical relationship and a statement of the mathematical relationship, (iii)  for each element of the cost of borrowing, other than interest, the nature of the element and, (A)  the amount payable by the borrower, or (B)  if the amount payable by the borrower cannot be determined at the time of the disclosure, the manner of determining the amount payable by the borrower, (iv)  the details with respect to grace periods under the credit agreement, and (v)  the date as of which the information disclosed under this clause is current; or (b)  a telephone number at which the borrower can obtain the information described in subclauses (a) (i) to (iv) during ordinary business hours without incurring any charges for the telephone call.  O. Reg. 17/05, s. 62 (1). (2) If a borrower applies for a credit card by telephone, the credit card issuer shall disclose the information described in subclauses (1) (a) (i) to (iv) when the borrower makes the application.  O. Reg. 17/05, s. 62 (2). (3) A credit card issuer who solicits a borrower directly to apply for a credit card shall disclose the following information at the time of the solicitation, regardless of whether the solicitation is made in person, by mail, by telephone or by other means, including electronic means: 1.  The annual interest rate in effect under the credit agreement at the time of the solicitation. 2.  If the annual interest rate payable by the borrower under the credit agreement is a floating rate, the public index to which the floating rate bears a mathematical relationship and a statement of the mathematical relationship. 3.  For each element of the cost of borrowing, other than interest, the nature of the element and, i.  the amount payable by the borrower, or ii.  if the amount payable by the borrower cannot be determined at the time of the solicitation, the manner of determining the amount payable by the borrower. 4.  The details with respect to grace periods under the credit agreement.  O. Reg. 17/05, s. 62 (3). 62.1 Revoked:  O. Reg. 96/09, s. 7.
Initial disclosure statement, open credit agreement
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Subsequent disclosure, fixed credit agreement with floating rate
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Subsequent disclosure, fixed credit agreement with changeable rate
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Transition, open credit subsequent disclosure
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Statement of account, open credit agreement
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Material and non-material changes
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Disclosures under Part VII of the Act, general
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Exemptions from Part VII
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PART VII.1 AGREEMENTS FOR CASHING GOVERNMENT CHEQUES — PART VII.1 OF THE ACT
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Limit on fee for cashing government cheques
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Statement when cashing government cheques
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PART VIII LEASING — PART VIII OF THE ACT
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Disclosure statement for a lease
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Consequence of non-disclosure
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Maximum liability under residual obligation lease
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Exemption from Part VIII
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PART IX PROCEDURES FOR CONSUMER REMEDIES — PART IX OF THE ACT
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Supplier obligations on cancellation
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Consumer obligations on cancellation of certain agreements
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Consumer obligations on cancellation of other agreements
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Period of reasonable care
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Limitations on cancellation of direct agreement
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Time for refund of illegal payment
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Cancellation or reversal of credit card charges, etc.
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PART X PUBLIC RECORD — SUBSECTION 103 (2) OF THE ACT
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Requirements for maintenance of public record
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Orders made
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Charges laid
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Actions taken
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Complaints received
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Notice of contravention issued by inspector
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PART XI PRESCRIBED JURISDICTIONS — PART XI OF THE ACT
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Prescribed jurisdictions
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