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R.S.O. Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of section 107, 107.1 or 108 of this Act, reading the reference in subsection 160 (1) of that Act to a document that a person is about to examine or seize under a search warrant as a reference to a thing that an investigator is about to examine or seize under the authority of section 107, 107.1 or 108 of this Act. 65.3 No tow and storage provider shall charge a consumer or a prescribed person acting on behalf of a consumer for any tow and storage services unless the consumer or prescribed person has first been given the prescribed information in the prescribed manner and within the prescribed time. See: 1997, c. 35, ss. 1999, c. 12, Sched. A, s. 103 (3). 2, s. 14. (a)  appoint persons as inspectors for the purposes of this Act; and. (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. (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. (8) An original repairer who is required to make a payment under this section is entitled to recover from the supplier of a defective part any amount paid to the consumer under subsection (4). 2017, c. 2, Sched. 2004, c. 19, s. 7 (38). 104.0.3 If a person against whom an order imposing an administrative penalty is made pays 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 person cannot be charged with an offence under this Act in respect of the same contravention on which the order is based and no other prescribed measure shall be taken against the person in respect of the same contravention on which the order is based. (5) If a credit broker arranges a credit agreement for the lender, the initial disclosure statement shall. Definitions. 2002, c. 30, Sched. (11) 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. 2017, c. 5, Sched. 33. 2002, c. 30, Sched. The … 85.5 A supplier under a consumer agreement to which this Part applies who cashes a government cheque for the consumer shall provide the consumer, in accordance with the prescribed requirements, with a statement setting out the prescribed information with respect to the cashing of the cheque. 2. Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 is amended by the Statutes of Ontario, 1999, chapter 12, Schedule F, subsection 11 (4) by adding the following definition: “brokerage fee” means an amount that a borrower pays or agrees to pay to a credit broker in consideration of the broker’s services in arranging or attempting to arrange a credit agreement, and includes an amount that the lender deducts from an advance and pays to the broker; (“frais de courtage”), “business premises” does not include a dwelling; (“locaux commerciaux”). (“marchandises non sollicitées”) R.S.O. Table of contents . (b) at least 30 days before the change, in the case of a credit agreement that is for a credit card where the interest rate is not a floating rate. A, s. 123 (3). (4) If information disclosed in a disclosure statement delivered under this section changes because of an amendment to a credit agreement, the lender shall deliver a supplementary disclosure statement to the borrower within 30 days after the amendment is made setting out the changed information, subject to subsection (5). 2, s. 20 (5)). Both … 1, s. 2. R.S.O. 2002, c. 30, Sched. 1, s. 5. 12, s. 3 (5). (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. 2020, c. 14, Sched. R.S.O. 2002, c. 30, Sched. (14) A regulation under this section may be general or particular in its application. 59 If an authorization required by section 56, 57 or 58 is not given in writing, the authorization is not effective unless it is recorded in a manner that meets the prescribed requirements. A, s. 14 (2). 1990, c. C.31, s. 40; 1997, c. 35, s. 1 (7, 8, 10, 11); 1998, c. 18, Sched. (2) A person who contravenes or fails to comply with a provision of a regulation made under this Act is guilty of an offence. (ii)  restricting the rights of a lessor despite anything specified in a lease if a lessee makes a late payment under a lease, including prohibiting a lessor from seizing the leased goods or terminating the lease, (iii)  prescribing the maximum amounts of penalties that a lessor can require a lessee to pay to the lessor for making a late payment under a lease or a method of setting those amounts and prescribing the circumstances in which a lessor can require a lessee to pay those amounts and the circumstances in which a lessor is not entitled to require a lessee to pay those amounts, and. – Canlii – free service; electronic versions of statutes – – Let’s try it: • Go to Canlii • Go to Ontario • Go to statutes • Go to “S” for Sale of Goods • Review the statute. 2002, c. 30, Sched. 28. A, s. 67 (1); 2008, c. 9, s. 79 (8). 49 Every consumer agreement for loan brokering, credit repair or for the supply of such other goods or services as may be prescribed shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements. 2004, c. 19, s. 7 (27). 2002, c. 30, Sched. 2002, c. 30, Sched. (2.1) The Director may establish policies regarding the interpretation, administration and enforcement of this Act. A, s. 50 (1); 2004, c. 19, s. 7 (10, 11). A, s. 81 (5). 2002, c. 30, Sched. R.S.O. 2002, c. 30, Sched. You may be able to obtain assistance from a lawyer or paralegal. 2002, c. 30, Sched. 123 (1) The Lieutenant Governor in Council may make regulations. R.S.O. (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. A, s. 57 (3). 2002, c. 30, Sched. 2004, c. 19, s. 7 (16). 17 (1) No person shall engage in an unfair practice. Title to goods under trade-in arrangement. A, s. 72 (2). (4) A personal development services agreement that provides for a renewal or extension of the agreement shall be deemed not to be renewed or extended if the consumer notifies the supplier, before the time for renewal or extension, that the consumer does not want to renew or extend. 2, s. 16. 2002, c. 30, Sched. (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. (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. A representation that a specific price advantage exists, if it does not. Note: This Act was repealed on July 30, 2005. 2, s. 2. 23 A consumer may cancel a future performance agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements required by section 22. 2002, c. 30, Sched. Enter at your own risk: Ontario’s Occupiers’ Liability Act prevails over the Consumer Protection Act Schnarr v. Blue Mountain Resorts Limited, 2018 ONCA 313 (CanLII) by Kyle Magee. 37. (4) This section and section 92 apply, with the necessary modifications, to a person who is not a supplier, if the person has received a payment in contravention of section 12. (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. A, s. 121 (3). 1, s. 3 (2). 22. A, s. 59. 17 (2), 45 (2). (See: 2020, c. 14, Sched. A, s. 100 (3). A, s. 123 (4). p-40.1 - Consumer Protection Act. Limiting liability for unauthorized charges. (b)  make inquiries, gather information and attempt to mediate or resolve complaints, as appropriate, concerning any matter that comes to its attention that may be in contravention of this Act, of other legislation for the protection of consumers or of any other prescribed Act, whether the matter constitutes an offence or not. 29.2 (1) A borrower is entitled to pay the full balance of outstanding principal under a credit agreement at any time without any prepayment charge or penalty. 1990, c. C.31, s. 29 (1). 12, s. 3 (1, 2). (2) A consumer 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 consumer uses the card. (1.1) For greater certainty, if the Director proposes to make an order under subsection (1) that a person comply with clause 96 (1) (a), the proposed order may specify the amount of the refund described in that clause and include a direction to the person to pay that amount. A, s. 123 (9); 2004, c. 19, s. 7 (54-58). (5) The Lieutenant Governor in Council may make regulations. A, s. 28 (1); 2013, c. 13, Sched. (2) This Act does not apply in respect of. Lieutenant Governor in Council regulations: general. A, s. 119 (6). 2002, c. 30, Sched. 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. (b)  the justice of the peace authorizes the entry into the dwelling. A, s. 100 (1). 2002, c. 30, Sched. 2020, c. 14, Sched. (3) If a fine is payable as a result of a conviction under the Business Practices Act, the Consumer Protection Act, the Loan Brokers Act, 1994, the 85.4 (1) A supplier under a consumer agreement to which this Part applies shall not charge the consumer a fee for cashing a government cheque if the fee exceeds the prescribed amount. 2006, c. 34, s. 8 (5). Lieutenant Governor in Council regulations: Part V. (6) The Lieutenant Governor in Council may make regulations. Undertakings of voluntary compliance entered into under this Act. 56 (1) No repairer shall charge a consumer for any work or repairs unless the repairer first gives the consumer an estimate that meets the prescribed requirements. 2002, c. 30, Sched. A, s. 109 (2). A, s. 109 (8). (2) Sections 22 to 26 do not apply to agreements that are future performance agreements solely because of an open credit arrangement. A similar prohibition exists in s11.2 of Ontario's Personal Health Information Protection Act. A, s. 58 (2). (3) In addition to the requirements set out in section 5, disclosure under this section shall be accessible and shall be available in a manner that ensures that, (a)  the consumer has accessed the information; and. Lieutenant Governor in Council regulations: Part VII. (c) provide differently for different classes of credit agreements or leases. A representation that the goods have been used to an extent that is materially different from the fact. 2002, Chapter 30 Schedule A. R.S.O. 72 (1) A borrower who is required under a credit agreement to purchase 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. (5) The Director may consent to the release of any particular asset or trust fund from the order or may wholly revoke the order. (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. 2004, c. 19, s. 7 (18). 2002, c. 30, Sched. (3) Sections 30 to 36 do not apply to a personal development services agreement in existence before this section is proclaimed in force but do apply if a pre-existing agreement is extended or renewed after this section is proclaimed in force. See: 1999, c. 12, Sched. (12) The Lieutenant Governor in Council may make regulations. F, Table. F, s. 20 (4). No amending legislation available on CanLII. Part I Definitions and Application. A, s. 39 (3). 2020, c. 14, Sched. Specifically, the Consumer Protection Act, … (0.a.1) governing the factors that a lender is required to take into account with respect to a borrower before entering into a credit agreement with the borrower; (0.a.2) prohibiting lenders from entering into a credit agreement with a borrower if the amount of the credit to be extended or money to be lent under the agreement exceeds the prescribed amounts or the amounts calculated according to the prescribed manner; (0.a.3) requiring a lender under a credit agreement to provide to the borrower in writing, before entering into the agreement, a copy of the lender’s assessment of the factors prescribed under clause (0.a.1) with respect to the borrower, and requiring that such information be given in accordance with the prescribed requirements; (0.a.4) specifying that if a lender under a credit agreement does not comply with a regulation made under clause (0.a.3), the borrower is not liable to pay the lender the cost of borrowing under the agreement; (0.a.5) prohibiting a lender from initiating contact with a borrower for the purpose of offering to refinance a credit agreement; (a)  prescribing what constitutes value received by a borrower under a credit agreement; (b)  prescribing the manner in which to determine the annual percentage rate; (c)  prescribing payments and repayments and charges that are not included in the cost of borrowing; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (8) of the Act is amended by adding the following clause: (See: 2017, c. 5, Sched. A, s. 109 (4). (b)  because rescission would deprive a third party of a right in the subject-matter of the agreement that the third party has acquired in good faith and for value. F, s. 15. (b)  whether payment for the transaction is made or reimbursed by a third party, including a commercial or governmental entity. 2002, c. 30, Sched. 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, subsection 17 (1) by adding the following heading immediately preceding section 30: See: 1999, c. 12, Sched. Any other prescribed document or information. 95 The cancellation of a consumer agreement in accordance with this Act operates to cancel, as if they never existed. (3) A tow and storage provider shall not charge a fee for permitting access in accordance with subsection (1) unless the regulations provide otherwise. (2) The maximum liability of the lessee at the end of the term of a residual obligation lease after returning the leased goods to the lessor shall be the amount calculated in the prescribed manner. (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. 2004, c. 19, s. 7 (39). 75 A lender is not entitled to impose on a borrower under a credit agreement default charges other than. 2020, c. 14, Sched. (2) Upon an application for leave under subsection (1), the court may, in its discretion, grant leave to the supplier or refuse leave or grant leave upon such terms and conditions as the court considers advisable. 3, s. 6. 27. 1990, c. C.31, s. 1; 1998, c. 18, Sched. 2002, c. 30, Sched. See: 1999, c. 12, Sched. (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. (2) An executory contract is not binding on the buyer unless the contract is made in accordance with this Part and the regulations and is signed by the parties, and a duplicate original copy thereof is in the possession of each of the parties thereto. Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 14, Sched. 1999, c. 12, Sched. 2002, c. 30, Sched. To ensure compliance with this Act and the regulations. The percentage rate by which the cost of borrowing is expressed shall be applied in the manner prescribed by the regulations. 2002, c. 30, Sched. 31 (1) No personal development services agreement may be made for a term longer than one year after the day that all the services are made available to the consumer. A, s. 29 (2). 2, s. 13. (b)  if the request meets the requirements of subsection (4), shall, within the prescribed period, (i)  cancel or reverse the credit card charge and any associated interest or other charges, or. 2002, c. 30, Sched. A, s. 91. 2002, c. 30, Sched. (3) Nothing in this section prevents a consumer and a supplier from agreeing to amend the estimate or price in a consumer agreement, if the consumer requires additional or different goods or services. 1990, c. C.31, s. 37 (1). A, s. 110 (8). (6) If a supplier supplies goods or services to a consumer under a direct agreement that is void and the consumer incurs charges from a third party that are related to the agreement, including, but not limited to, charges in respect of the removal or return of any goods that the consumer is liable to return to the third party, the supplier is liable to reimburse the consumer for the amount of all those charges. 2020, c. 14, Sched. (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. Procedure or do anything described in the asset or trust fund Subject to any contained! ( a ) goods that the services supplied under a trade-in arrangement the e-Laws currency date statement account... Certainty, Nothing in this section applies despite subsection 2 ( 1,! That is materially different from the fact maintain, in accordance with Act. 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