1, s. 2. 2002, c. 30, Sched. 9. A, s. 18 (13). (2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations. (b) the time that the lessee makes any payment in connection with the lease. 2002, c. 30, Sched. 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. 2002, c. 30, Sched. 2002, c. 30, Sched. (b) the lender is entitled to a proportionate part of the cost of lending. Requirements for future performance agreements. 2004, c. 19, s. 7 (42). If your transaction isn’t covered under the CPA, it may be covered by other consumer protection acts listed here. 2002, c. 30, Sched. 2002, c. 30, Sched. (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. 104.0.4 (1) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court. (2) A tow truck driver, tow truck broker or tow and storage services operator who does not meet the relevant qualifications under subsection (1) shall not demand or receive payment from a consumer or a person acting on behalf of the consumer for tow and storage services provided while not meeting the qualifications. Consolidation Period: From July 14, 2020 to the e-Laws currency date. 18, 45 (2). 3, s. 7 (1). (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. Released June 22, 2016 | Full Decision [CanLII] Lexfund is a litigation loan … “advance” means value, as prescribed, received by the borrower under a credit agreement; (“avance”), “annual percentage rate” means the annual percentage rate in respect of a credit agreement that is determined in the prescribed manner; (“taux de crédit”), “borrower” means a consumer who, as a party to a credit agreement, receives or may receive credit or a loan of money from the other party or who indicates an interest in becoming such a party, but does not include a guarantor; (“emprunteur”), “brokerage fee” means the payment that a borrower makes or agrees to make to a loan broker who assists the borrower in arranging a credit agreement, and includes an amount deducted from an advance made to the borrower that is paid to the broker; (“frais de courtage”). 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. 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: 27. 3, s. 2. 78 (1) If the borrower pays or is liable to pay a brokerage fee to a loan broker, either directly or through a deduction from an advance, the initial disclosure statement for the credit agreement must, (a)  disclose the amount of the brokerage fee; and. 2014, c. 9, Sched. (2) The order takes effect immediately upon being made. (i)  services that were intended for another person from the time the recipient knew or ought to have known that they were so intended. The Consumer Protection Act (CPA) is Ontario's legislative attempt to regulate a large range of consumer-focussed economic sectors in order to mitigate abusive business practices. 2020, c. 14, Sched. 1, s. 2. R.S.O. 2004, c. 19, s. 7 (41). A, s. 110 (13). A, s. 26 (1). A, s. 36 (6). 2002, c. 30, Sched. A, s. 41 (3). 1, s. 2. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following Part: (See: 2020, c. 14, Sched. or any other prescribed Act. To ensure compliance with this Act and the regulations. 1, s. 2. A, s. 92 (2). A, s. 34 (1). “Registrar” means the Registrar of the Consumer Protection Bureau; (“registrateur”). 12, s. 3 (4). 12, s. 3 (5). (a)  the percentage rate by which the cost of borrowing is expressed; (b)  the total number of instalments required to pay the total indebtedness; or. (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. A, s. 123 (14). A, s. 36 (7). 2002, c. 30, Sched. 2017, c. 2, Sched. See: 1997, c. 35, ss. (a) in the case of credit other than variable credit, the amount by which. 13 (2), 45 (2). 2020, c. 14, Sched. (vi.1)  in respect of Part VII.1, Agreements for Cashing Government Cheques, section 85.3, subsection 85.4 (1) and section 85.5. 2002, c. 30, Sched. “vehicle” means a motor vehicle as defined in the Highway Traffic Act. 2004, c. 19, s. 7 (41); 2006, c. 34, s. 8 (7, 8); 2019, c. 14, Sched. A, s. 37. F, s. 136 (1). (ii)  after having conducted an investigation, send a written notice to the consumer explaining the reasons why the credit card issuer is of the opinion that the consumer is not entitled to cancel the consumer agreement or to demand a refund under this Act. 10, s. 4 (3). A, s. 118 (2). A, s. 123 (1); 2004, c. 19, s. 7 (45); 2016, c. 34, s. 3 (1). A, s. 21 (2). 122 (1) For all purposes in any proceeding, a statement purporting to be certified by the Director is, without proof of the office or signature of the Director, admissible in evidence as proof in the absence of evidence to the contrary, of the facts stated in it in relation to, (a)  the filing or non-filing of any document or material required or permitted to be filed; or. A failure by a supplier to provide a document or other evidence as required by the Ministry under subsection 105 (4). (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. R.S.O. 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. 1990, c. C.31, s. 36 (1). 2002, c. 30, Sched. 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. Covered under the Ministry of Government and Consumer Services 2002, c. 30, Sched. (a)  hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an inspector conducting an inspection; (b)  refuse to answer questions on matters that an inspector thinks may be relevant to an inspection; (c)  provide an inspector with information on matters the inspector thinks may be relevant to an inspection that the person knows to be false or misleading; or. Lieutenant Governor in Council regulations: Part V. (6) The Lieutenant Governor in Council may make regulations. Copy text Copy citation Français Citing documents (0) 1. 2002, c. 30, Sched. 1, s. 2. 83 (1) If a lender assigns to a person the lender’s rights in connection with the extension of credit or the lending of money to a borrower, the assignee has no greater rights than, and is subject to the same obligations, liabilities and duties as, the assignor in connection with the extension of the credit or the lending of the money, and the provisions of this Act apply equally to such assignee. 2014, c. 9, Sched. (f) any warranty or guarantee applying to the goods or services and, where there is no warranty or guarantee, a statement to this effect; and. 65.20 (1) Where the regulations provide for qualifications that must be met by a tow truck driver, a tow truck broker or a tow and storage services operator, no person who does not meet the relevant qualifications shall engage with a consumer or a prescribed person acting on behalf of a consumer as a tow truck driver, a tow truck broker or a tow and storage services operator. (a) the total, calculated in accordance with the regulations, of the value that the borrower will receive under the agreement; (b) the total amount, calculated in accordance with the regulations, of all payments that the borrower is required to make under the agreement; (c) the term of the agreement and the amortization period if different from the term; (d) the annual interest rate under the agreement and the particulars about the interest payable under the agreement that are prescribed by the regulations; (e) the APR under the agreement if different from the annual interest rate; (f) the particulars about the amount and timing of all payments under the agreement that are prescribed by the regulations; and. (c)  that are entered into on or after the date this section comes into force. See: 1999, c. 12, Sched. (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. (2) The warranty in subsection (1) is in addition to the deemed and implied conditions and warranties set out in section 9. 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. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 16 by adding the following section: 29.1 A lender is not entitled to impose on a borrower under a credit agreement default charges other than. 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. D, s. 4; 2002, c. 17, Sched. (5) Subsection 7 (1) of the Arbitration Act, 1991 2002, c. 30, Sched. A, s. 20 (1); 2006, c. 34, s. 8 (3). 1.1  Policies established under subsection (2.1). (b)  return to the consumer in a condition substantially similar to when they were delivered all goods delivered under a trade-in arrangement or refund to the consumer an amount equal to the trade-in allowance. A, s. 51 (2). 2004, c. 19, s. 7 (27). 9 (1) The supplier is deemed to warrant that the services supplied under a consumer agreement are of a reasonably acceptable quality. 1990, c. C.31, s. 1; 1998, c. 18, Sched. (b)  contravenes or fails to comply with. (3) Every investigator who is conducting an investigation, including under section 107, shall, upon request, produce the certificate of appointment as an investigator. A, s. 109 (8). A, s. 114 (2). 2002, c. 30, Sched. (5) An inspector shall, upon request, produce evidence of his or her appointment or designation. A, s. 50 (1); 2004, c. 19, s. 7 (10, 11). 1 (2), 5 (2). (d) by a trustee in bankruptcy, a receiver, a liquidator or a person acting under the order of a court. (3) If a consumer cancels a consumer agreement, the consumer shall take reasonable care of the goods that came into the possession of the consumer under the agreement or a related agreement for the prescribed period. 67 (1) This Part and the regulations made under it do not apply to a payday loan agreement as defined in subsection 1 (1) of the Payday Loans Act, 2008 2002, c. 30, Sched. (9) A person in respect of whom an order has been made under subsection (1) or any person having an interest in land in respect of which a notice is registered under subsection (8) may apply to the Tribunal for cancellation in whole or in part of the order or for discharge in whole or in part of the registration. “open credit” means credit under a credit agreement that, (a) anticipates multiple advances to be made as requested by the borrower in accordance with the agreement, and, (b) does not define the total amount to be advanced to the borrower under the agreement, although it may impose a credit limit; (“crédit en blanc”), “optional service” means a service that is provided to a borrower in connection with a credit agreement and that the borrower does not have to accept in order to enter into the agreement; (“service facultatif”), “prescribed” means prescribed by this Act or the regulations; (“prescrit”), “purchase price” means the total obligation payable by the buyer under an executory contract; (“prix d’achat”), “registered” means registered under this Act; (“inscrit”). A, s. 68 (2). 1990, c. C.31, s. 39 (2). (5) If an amendment to a credit agreement consists only of a change in the schedule of required payments by the borrower, it is not necessary for the supplementary disclosure statement to disclose any change to the APR or any decrease in the total required payments by the borrower or the total cost of borrowing under the agreement. Lieutenant Governor in Council regulations: general. 3, s. 2. 1990, c. C.31, s. 19 (1). 11 (3), 45 (2). F, ss. 1, s. 5. (b)  charge an initiation fee that is greater than twice the annual membership fee. (d)  another prescribed form of security. (c)  all guarantees given in respect of money payable under the consumer agreement; (d)  all security given by the consumer or a guarantor in respect of money payable under the consumer agreement; and, (i)  extended, arranged or facilitated by the person with whom the consumer reached the consumer agreement, or. A, s. 109 (5). 63 (1) On the repair of a vehicle, every repairer shall be deemed to warrant all new or reconditioned parts installed and the labour required to install them for a minimum of 90 days or 5,000 kilometres, whichever comes first, or for such greater minimum as may be prescribed. 2002, c. 30, Sched. (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. 62 The repairer shall, on completion of work or repairs, deliver to the consumer an invoice containing the prescribed information in the prescribed manner. Interesting, section 11 states that such interpretation shall benefit the consumer when the supplier … 2002, c. 30, Sched. 2020, c. 14, Sched. “period” means a period of time of not less than four weeks and not more than five weeks in duration. (4) The consumer may express notice in any way as long as it indicates the intention of the consumer to rescind the agreement or to seek recovery where rescission is not possible and the reasons for so doing and the notice meets any requirements that may be prescribed. … (5) If a supplier fails to provide a document or other evidence as required by the Ministry under subsection (4), the Director shall include the supplier’s name and the record of the failure as part of the public record described in paragraph 2 of subsection 103 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule F, subsection 13 (3) by striking out “an allowance for a trade-in” and substituting “a trade-in allowance as defined in section 23.1” and by striking out “des frais d’emprunt” in the French version and substituting “du coût d’emprunt”. 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. 2019, c. 14, Sched. A, s. 117. 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. (c) contains all the other information that the lender is required to disclose to the borrower in the initial disclosure statement. (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. A, s. 13 (8). 2014, c. 9, Sched. A, s. 93. “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”). F, ss. (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. 2020, c. 14, Sched. (2) Despite clause 2 (2) (f), this section applies to any representations involving real property. (8) In any proceeding under this Act about the crediting back of rewards points mentioned in subsection (5) or (6), despite any contractual provision to the contrary, a court or tribunal may consider records presented by the consumer, determine those records’ admissibility and may give those records whatever weight it sees fit. (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. A, s. 73 (2). 64 No repairer shall give an estimate or charge an amount for work or repairs that is greater than that usually given or charged by that repairer for the same work or repairs merely because the cost is to be paid, directly or indirectly, by an insurance company licensed under the Insurance Act. Jul 25, 2018. (10) In the trial of an issue under this section, oral evidence respecting an unfair practice is admissible despite the existence of a written agreement and despite the fact that the evidence pertains to a representation in respect of a term, condition or undertaking that is or is not provided for in the agreement. (6) Within 10 days after the Director has knowledge of the payment in full of the fine, the Director shall, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 119 (6) of the Act is amended by adding “or administrative penalty” after “fine” in the portion before clause (a). A, s. 18 (7). 1, s. 2. 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. 2004, c. 19, s. 7 (41); 2006, c. 34, s. 8 (9). 103 (1) The Director shall perform such duties and exercise such powers as are given to or conferred upon the Director under this or any other Act. A, s. 2 (2); 2006, c. 17, s. 249; 2006, c. 29, s. 60. (2) Access under subsection (1) shall be made in the prescribed manner and within the prescribed time. 2017, c. 2, Sched. 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. 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