part vi of consumer protection act 2002

A, s. 88; 2004, c. 19, s. 7 (33). Chapter 2. (6) If a supplier terminated a consumer agreement under which rewards points were provided on or after October 1, 2016 and before the date this section came into force, the previously terminated agreement shall be deemed to not have been terminated and the supplier shall, within 15 days of this section coming into force, credit back to the consumer all rewards points that expired upon that termination. A, s. 47 (1). 2, s. 17. A, s. 67 (1); 2008, c. 9, s. 79 (8). “vehicle” means a motor vehicle as defined in the Highway Traffic Act. A, s. 16. This guidance relates to Part 8 of the Enterprise Act 2002. 2020, c. 14, Sched. 142 0 obj <> endobj (a)  that the consumer is not reasonably able to protect his or her interests because of disability, ignorance, illiteracy, inability to understand the language of an agreement or similar factors; (b)  that the price grossly exceeds the price at which similar goods or services are readily available to like consumers; (c)  that the consumer is unable to receive a substantial benefit from the subject-matter of the representation; (d)  that there is no reasonable probability of payment of the obligation in full by the consumer; (e)  that the consumer transaction is excessively one-sided in favour of someone other than the consumer; (f)  that the terms of the consumer transaction are so adverse to the consumer as to be inequitable; (g)  that a statement of opinion is misleading and the consumer is likely to rely on it to his or her detriment; or. A, s. 119 (6). (2) A consumer is entitled to recover the amount by which the consumer’s payment under the agreement exceeds the value that the goods or services have to the consumer or to recover damages, or both, if rescission of the agreement under subsection (1) is not possible, (a)  because the return or restitution of the goods or services is no longer possible; or. (7) The Tribunal may stay the order until it confirms or sets aside the order under subsection (9). 0 (5) This section applies despite subsection 2 (1). 2002, c. 30, Sched. (B) 415/1999] BE IT ENACTED by the Parliament of Malaysia as follows: P ART I PRELIMINARY Short title and commencement 1. 1, s. 5. (6) The Director and the person who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section. 2002, c. 30, Sched. 91 This Part does not apply to remedies claimed in respect to unfair practices under Part III. A, s. 42. 2002, c. 30, Sched. 1, s. 1. 35 (1) A consumer may, without any reason, cancel a personal development services agreement at any time within 10 days after the later of receiving the written copy of the agreement and the day all the services are available. (e)  by a golf club. 2, s. 16. A, s. 54 (1). A, s. 11. 2002, c. 30, Sched. (6) If a consumer has cancelled a consumer agreement and the supplier has not met the supplier’s obligations under subsection (1), the consumer may commence an action. 4. (2) After a dispute that may result in a class proceeding arises, the consumer, the supplier and any other person involved in it may agree to resolve the dispute using any procedure that is available in law. 2002, c. 30, Sched. A failure by a supplier to provide a document or other evidence as required by the Ministry under subsection 105 (4). 2002, c. 30, Sched. 15. 2002, c. 30, Sched. 3, s. 2. 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. 121 (1) Any notice or order required to be given or served by the Director under this Act is sufficiently given or served if. (i) in column (2), “Consumer Protection Act 2007”, and (ii) in column (3), “ Section 32 ” opposite the mention in column (2) of the Consumer Protection Act 2007. (3) The Deputy Minister of Consumer and Business Services may in writing delegate any of the powers or duties delegated to the Deputy Minister by the Minister under subsection (2) to any person employed in a specified capacity in the Ministry. (3) If a loan broker has delivered an initial disclosure statement to the borrower, the lender may adopt it as his, her or its own initial disclosure statement or may elect to deliver a separate initial disclosure statement to the borrower. (1.1) Despite subsection (1), that subsection, as it read immediately before the day section 15 of Schedule 2 to the Putting Consumers First Act (Consumer Protection Statute Law Amendment), 2017 comes into force, continues to apply to a direct agreement that requires the supplier to supply to the consumer a water heater or other goods or services that are prescribed if the parties entered into the agreement before that day. A, s. 109 (10). 2002, c. 30, Sched. A, s. 123 (8); 2004, c. 19, s. 7 (50-53). You may find the following information useful: OSCOLA: COPY TO CLIPBOARD. 34.— (1) Subject to section 35, the Agency may, with the approval of the Minister given with the consent of the Minister for Finance— 35 requires all licensees to take reasonable steps to protect the information of their customers against improper or accidental disclosures. (a)  a search warrant has been issued under this Act; (b)  an order has been made under section 111 or 112; or. 2017, c. 5, Sched. Lieutenant Governor in Council regulations: Part VIII. A, s. 110 (9). 2002, c. 30, Sched. 2002, c. 30, Sched. 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. 81 (1) Subject to subsection (2), the lender under a credit agreement for open credit shall deliver a statement of account to the borrower at least once monthly after entering into the agreement. Consumer Protection Act, 2002, SO 2002, c 30, Sch A, <, This statute is current to 2019-12-04 according to the, Rights and Obligations Respecting Specific Consumer Agreements, REPAIRS TO MOTOR VEHICLES AND OTHER GOODS, AGREEMENTS FOR CASHING Government Cheques, Powers and Duties of Minister and Director, 24. between Dec 10, 2019 and Jul 13, 2020 (past), 23. between Jul 1, 2018 and Dec 9, 2019 (past), 22. between Mar 1, 2018 and Jun 30, 2018 (past), 21. between Jan 1, 2018 and Feb 28, 2018 (past), 20. between Apr 13, 2017 and Dec 31, 2017 (past), 19. between Mar 22, 2017 and Apr 12, 2017 (past), 18. between Jan 1, 2017 and Mar 21, 2017 (past), 17. between Apr 1, 2015 and Dec 31, 2016 (past), 16. between Dec 12, 2013 and Mar 31, 2015 (past), 15. between Jan 1, 2011 and Dec 11, 2013 (past), 14. between Jul 1, 2009 and Dec 31, 2010 (past), 13. between Jul 1, 2008 and Jun 30, 2009 (past), 12. between Jun 18, 2008 and Jun 30, 2008 (past), 11. between Jan 17, 2008 and Jun 17, 2008 (past), 10. between Jan 1, 2008 and Jan 16, 2008 (past), 9. between Oct 1, 2007 and Dec 31, 2007 (past), 8. between Jul 25, 2007 and Sep 30, 2007 (past), 7. between May 17, 2007 and Jul 24, 2007 (past), 6. between Apr 1, 2007 and May 16, 2007 (past), 5. between Jan 31, 2007 and Mar 31, 2007 (past), 4. between Dec 20, 2006 and Jan 30, 2007 (past), 3. between Oct 19, 2006 and Dec 19, 2006 (past), 2. between Jun 22, 2006 and Oct 18, 2006 (past), 1. between Jul 30, 2005 and Jun 21, 2006 (past), Requirements for Direct Agreements Subject to Section 43.1 of Act, Ministry of Consumer and Business Services Act, Credit Unions and Caisses Populaires Act, 1994, Mortgage Brokerages, Lenders and Administrators Act, 2006, Freedom of Information and Protection of Privacy Act. A, s. 76 (1); 2008, c. 9, s. 79 (9). Short title, extent, commencement and application 2. (3) The power to enter and inspect a place without a warrant shall not be used to enter and inspect a place or a part of a place that is used as a dwelling. 2002, c. 30, Sched. A, s. 5 (1). 75 A lender is not entitled to impose on a borrower under a credit agreement default charges other than. 2002, c. 30, Sched. (2) No supplier shall require or accept payment for personal development services from a consumer with whom the supplier does not have an agreement that meets the requirements established under subsection (1). 2, s. 17. 2014, c. 9, Sched. A, s. 65 (1). A, s. 63 (6). A, s. 52; 2004, c. 19, s. 7 (13). 2014, c. 9, Sched. 12, s. 3 (4). (vii)  in respect of Part VIII, Leasing, section 88 and subsection 89 (1), (viii)  in respect of Part IX, Procedures for Consumer Remedies, subsections 96 (1), 98 (2) and 99 (5), and. No repossession after two-thirds paid except by leave of court. 3, s. 3). 14 (1) It is an unfair practice for a person to make a false, misleading or deceptive representation. 2004, c. 19, s. 7 (41); 2006, c. 34, s. 8 (7, 8); 2019, c. 14, Sched. Part VI of the Nigerian Communications Commission (NCC) regulation, generally deals with the protection of consumers' data in the telecoms sector. 2017, c. 2, Sched. Lieutenant Governor in Council regulations: Part IX. (2) Sections 22 to 26 do not apply to agreements that are future performance agreements solely because of an open credit arrangement. A, s. 17 (2). 2002, c. 30, Sched. 2019, c. 14, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. 2016, c. 34, s. 2 (1). 50 (1) No operator shall require or accept any payment or any security for a payment, directly or indirectly, from or on behalf of a consumer unless and until. (iv)  in respect of Part V, Sectors Where Advance Fee Prohibited, section 49, subsection 50 (1) and section 53. 2020, c. 14, Sched. A, s. 23. 2004, c. 19, s. 7 (5). A, s. 46 (3). [15 November 1999, P.U. (b)  services that are supplied to a consumer who did not request them but does not include. (8) The consumer who made the payment may commence an action to recover the payment in accordance with section 100. 3, s. 2. A, s. 80 (6). (a)  order any person having on deposit or controlling any assets or trust funds of a supplier or former supplier to hold those funds or assets; (b)  order a supplier or former supplier to refrain from withdrawing any asset or trust fund from a person having them on deposit or controlling them; or. 2, s. 20 (1)). 12, s. 3 (3). A, s. 70. 2002, c. 30, Sched. 2002, c. 30, Sched. To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening a provision of this Act or the regulations. (2) The Loan Brokers Act, 1994, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to all agreements to assist a consumer in obtaining a loan of money entered into before its repeal. (4) Agreements that are in existence before sections 30 to 36 are proclaimed in force are governed by the Prepaid Services Act as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002. 15 (1) It is an unfair practice to make an unconscionable representation. (c)  entering into a sponsorship relationship for the purpose of promoting the use of an internet gaming site. A, s. 13 (9); 2014, c. 9, Sched. 85.3 A supplier under a consumer agreement to which this Part applies shall display the prescribed information in the prescribed manner and in accordance with the prescribed requirements. 2014, c. 9, Sched. 2002, c. 30, Sched. (2.2) If information is required to be made public with respect to a supplier under subsection (2) or the regulations, the Director shall include in the public record in respect of the supplier, all of the following information, if known to the Director: 1. (6) Every trustee under subsection (1) shall, upon receiving any payment from a consumer, provide the consumer with written confirmation of receipt of the payment and of the fact that the payment will be dealt with in accordance with sections 30 to 35 and with this section. (10.1) In addition to the power to enter a place under this section, an inspector may, by any means, contact any person who is in control of the operations of a supplier and may exercise the powers that he or she has to conduct an inspection under this section with respect to the supplier or person, without entering any place, if the inspector establishes that, (a)  the supplier is subject to this Act; and. A, s. 104 (2); 2006, c. 21, Sched. (3) The person having charge of a vehicle that becomes inoperable or unsafe to drive because of the failure or inadequacy of work or repairs to which a warranty under this section applies may, when it is not reasonable to return the vehicle to the original repairer, have the failure or inadequacy repaired at the closest facility available for the work or repairs. (a)  prescribing goods and services for the purposes of Part V; (b)  prescribing conditions that must be met to permit payment for the supply of prescribed goods and services; (c)  prescribing requirements for making an agreement to which Part V applies; (d)  prescribing prohibited representations for the purposes of Part V; (e)  for the purposes of Part V, governing consumer agreements for loan brokering, consumer agreements for credit repair and other consumer agreements to which Part V applies. (4) The Consumer Protection Act, as it existed immediately before its repeal under the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to executory contracts entered into before its repeal. 2002, c. 30, Sched. Limiting liability for unauthorized charges. Designation of person to whom appeals made. 2002, c. 30, Sched. Consumer Claims, and for matters connected therewith. “lease” means a consumer agreement for the lease of goods, other than a consumer agreement for the lease of goods in connection with a residential tenancy agreement, and “lessor” and “lessee” have a corresponding meaning; (“bail”, “bailleur”, “preneur”), “lease term” means the period during which the lessee is entitled to retain possession of the leased goods; (“durée du bail”). (See: 2016, c. 34, s. 2 (2)), Transition: crediting back, supplier termination of consumer agreement. 1, s. 2. A, s. 104 (1). 0000029006 00000 n (See: 2019, c. 1, Sched. 65.6 Unless the regulations provide otherwise, before demanding or receiving payment from a consumer or a prescribed person acting on behalf of the consumer, a tow and storage provider shall deliver to the consumer or the prescribed person an invoice detailing the tow and storage services provided, including an itemized list of the services and the cost for each as well as the total cost and such additional information as may be prescribed, in the prescribed manner. 12. (3) A tow and storage provider shall produce evidence of insurance coverage in the prescribed circumstances and in the prescribed manner. 2014, c. 9, Sched. 2017, c. 5, Sched. 2017, c. 2, Sched. A, s. 100 (1). CONTENTS THE CONSUMER PROTECTION ACT, 1986 CHAPTER – I PRELIMINARY 1. Disclosure document for prospective franchisee 4. 2002, c. 30, Sched. Consumer Protection Act (38/1978; amendments up to 29/2005 included) Chapter 1 — General provisions Section 1 (1) This Act applies to the offering, selling and other marketing of consumer goods and services by businesses to consumers. 2002, c. 30, Sched. 2002, c. 30, Sched. A, s. 44. 2006, c. 34, s. 8 (2). 2002, c. 30, Sched. A, s. 58 (1). A, s. 2 (1). 2014, c. 9, Sched. (2) Sections 30 to 36 do not apply to personal development services that are provided. 2002, c. 30, Sched. Read on for a full breakdown of the Consumer Protection Act. 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. A, s. 92 (1). A, s. 81 (1). 2004, c. 19, s. 7 (7). A, s. 102 (3). 2002, c. 30, Sched. 6. (3) Subsections (1) and (2) do not apply to, (a)  parts for which there has been no charge for the part or for work on or repair to the part; or. 2002, c. 30, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. “Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 19 (1) This Part applies to consumer transactions that occur on or after the day this section is proclaimed in force. A, s. 71. 2017, c. 2, Sched. Such other activities that are prescribed. Business Practices and Consumer Protection Act [SBC 2004] CHAPTER 2. A, s. 26 (1). (a)  leases for a fixed term of four months or more; (b)  leases for an indefinite term or that are renewed automatically until one of the parties takes positive steps to terminate them; and. (c)  the price shown in the consumer agreement. (2) The initial disclosure statement for a credit agreement for fixed credit shall disclose the prescribed information. 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. ENVIRONMENT PROTECTION ACT 2002 Act 19 of 2002 – 5 September 2002 P ... under Part VI; "National Network for Sustainable Development" means the network established under section 10; "noise" includes vibration; "non-hazardous waste" means waste other than hazardous waste; 8 "notice" means an enforcement notice, an eyesore abatement notice, a fixed penalty notice, a programme … 2004, c. 19, s. 7 (40). 2002, c. 30, Sched. A, s. 21 (3). 12, s. 3 (4). 2002, c. 30, Sched. 2002, c. 30, Sched. (7.1) The Lieutenant Governor in Council may make regulations. 2013, c. 13, Sched. “supplier creditor” means the supplier or an associate of a supplier in a supplier credit agreement. (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. 2014, c. 9, Sched. (ii)  otherwise related to the consumer agreement. (4) If a consumer is receiving goods or services on an ongoing or periodic basis and there is a material change in such goods or services, the goods or services shall be deemed to be unsolicited from the time of the material change forward unless the supplier is able to establish that the consumer consented to the material change. (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. Consumer Protection Act, 2002. 82, the Ontario Court of Justice making the conviction may order that the person convicted is liable to indemnify the maker under subsection 82 (3). 1, s. 5. (b)  parts replaced under warranty whose return to the manufacturer or distributor is required. A, s. 121 (2). 2. 12, s. 3 (5). 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. 3, s. 7 (3)). A, s. 31 (1). (2) The Business Practices Act, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to consumer transactions that occurred before its repeal. A representation using exaggeration, innuendo or ambiguity as to a material fact or failing to state a material fact if such use or failure deceives or tends to deceive. 2002, c. 30, Sched. A representation that the person who is to supply the goods or services has sponsorship, approval, status, affiliation or connection the person does not have. 12, s. 3 (4). (5) An inspector shall, upon request, produce evidence of his or her appointment or designation. 2002, c. 30, Sched. 2002, c. 30, Sched. (b)  a percentage of the face value of the cheque or any other amount calculated on the basis of the face value of the cheque; (c)  an amount that results from the application of any combination of clauses (a) and (b); or. A, s. 46 (2). 169 0 obj<>stream (10) Nothing in this section creates a retroactive offence. A, s. 17 (1). A, s. 118 (1). Mechanisms to block direct marketing communication 5. 10, s. 4 (4). 5. 2017, c. 5, Sched. 2002, c. 30, Sched. 2014, c. 9, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. A, s. 101; 2008, c. 9, s. 79 (11). (2) Despite sections 95 and 96, in the prescribed circumstances, the effect of cancellation of a consumer agreement to which this Part applies by a consumer and the obligations arising as a result of the cancellation of the agreement may be subject to such limitations as may be prescribed. (b)  that the interests of other persons are unduly prejudiced by the order or registration. (3) Unless the regulations require otherwise, the notice may be oral or in writing and may be given by any means. A, s. 65 (2). 2002, c. 30, Sched. (5) Notice may be delivered by any means. 2004, c. 19, s. 7 (24). A, s. 96 (1). (12) If the Director has made an order under subsection (1) or registered a notice under subsection (8), he or she may apply to the Superior Court of Justice for directions or an order relating to the disposition of assets, trust funds or land affected by the order or notice. 2002, c. 30, Sched. 1, s. 5. A, s. 112 (2). 2002, c. 30, Sched. (a)  in respect of loan brokering, the consumer receives the credit or loan of money that the loan broker has assisted the consumer to obtain; (b)  in respect of credit repair, the credit repairer causes a material improvement to the consumer report, credit information, file, personal information, credit record, credit history or credit rating of the consumer; or. 60 A repairer shall post the prescribed signs in accordance with the prescribed requirements. 2002, c. 30, Sched. Lieutenant Governor in Council regulations: Part VI.1. 2017, c. 5, Sched. 2002, c. 30, Sched. 1, s. 2. An agreement under which the consumer gives security for the purpose of securing the performance of those obligations. (6) Subject to subsection (7), if the parties have agreed to amend a credit agreement for open credit and the amendment changes any of the information prescribed under subsection 79 (3), the lender shall, within 30 days after the amendment is made, deliver to the borrower a supplementary disclosure statement setting out the changed information. 65.13 (1) No tow and storage provider shall falsify, assist in falsifying or induce or counsel a consumer to falsify or assist in falsifying any information or document that the consumer is required to provide under this Act, the Compulsory Automobile Insurance Act, the Highway Traffic Act, the Insurance Act A, s. 19 (2). 2004, c. 19, s. 7 (39). (i)  goods that the recipient knows or ought to know are intended for another person, (ii)  a change to periodically supplied goods, if the change in goods is not a material change, or, (iii)  goods supplied under a written future performance agreement that provides for the periodic supply of goods to the recipient without further solicitation, or. (3) When a person named in the order requires a hearing in accordance with the notice under subsection (2), the Tribunal shall hold the hearing and may confirm or set aside the order or exercise such other powers as may be exercised in a proceeding under section 111. 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. 2002, c. 30, Sched. A, s. 110 (1). A, s. 53; 2004, c. 19, s. 7 (14). (2) The notice may be expressed in any way, as long as it indicates the intention of the consumer to seek the remedy being requested and complies with any requirements that may be prescribed. 2. (5) Subsection 7 (1) of the Arbitration Act, 1991 -���=�I�w�e>�rȝ�v�����$�͠ˍ��Z��&!��UV�R�3,�;�8�P4/ A representation that the goods or services or any part of them will be available or can be delivered or performed by a specified time when the person making the representation knows or ought to know they will not be available or cannot be delivered or performed by the specified time. (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. 2004, c. 19, s. 7 (42). 2002, c. 30, Sched. 43 (1) A consumer may, without any reason, cancel a direct agreement at any time from the date of entering into the agreement until 10 days after the consumer has received the written copy of the agreement. (3) For the purposes of subsection (1), a different term or a different commencement date does not constitute a distinct difference in the personal development services to be provided. A, s. 103 (1). (d)  any amount determined by any other prescribed means. A, s. 109 (2). (d)  a payment that was collected in respect of unsolicited goods or services for which payment is not required under section 13. (e)  to take any such action as the Director considers appropriate in the circumstances. (2) This section applies to all consumer agreements under which rewards points are provided, (b)  that were entered into after October 1, 2016, but before the day this section came into force; or. 6 Nothing in this Act shall be interpreted to limit any right or remedy that a consumer may have in law. A, s. 18 (3). 2004, c. 19, s. 7 (41). A, s. 74 (1). 68 of 2008), read together with the respective sections indicated in the regulations below, do hereby make the regulations set out in the schedule hereto. 2002, c. 30, Sched. A, s. 38 (3). A, s. 119 (4). (e)  governing the right of a lessor under a lease to terminate the lease, including, (i)  prescribing the circumstances in which a lessor is entitled to exercise the right of termination or is not entitled to exercise that right, and. Consumer Protection Act 2007 ... Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No. A representation that the transaction involves or does not involve rights, remedies or obligations if the representation is false, misleading or deceptive. (7) Subject to section 104.0.3, an administrative penalty may be imposed alone or in conjunction with the exercise of any measure against a person provided by this Act or the regulations. 2014, c. 9, Sched. 3, s. 1), “administrative penalty” means an administrative penalty imposed under section 104.0.1; (“pénalité administrative”), “consumer” means an individual acting for personal, family or household purposes and does not include a person who is acting for business purposes; (“consommateur”). A, s. 99 (6). 12, s. 3 (4). (See: 2020, c. 14, Sched. Commencement date: 30 August 2002 [Proc. Recovery of cost of failed work or repairs. (b)  whether payment for the transaction is made or reimbursed by a third party, including a commercial or governmental entity. 2002, c. 30, Sched. A, s. 18 (13). 2020, c. 14, Sched. (2) For greater certainty, this Part does not apply to a consumer agreement under which a bank cashes a government cheque for a consumer. A representation that a service, part, replacement or repair is needed or advisable, if it is not. Consolidation Period: From July 14, 2020 to the e-Laws currency date. A, s. 58 (2). (4) An order made under subsection (1) imposing an administrative penalty against a person shall be in the form that the Director determines. (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. 12, s. 3 (4). 2006, c. 34, s. 8 (2). 2016, c. 34, s. 2 (1). 2016, c. 34, s. 2 (1). (4) The Director shall not initiate sale proceedings in respect of any real property against which he or she has registered a lien under subsection (3). 16. (6) Subsection (1) does not apply if the person files with the Director, in such manner and amount as the Director determines. (b)  once the hearing commences, until the hearing is concluded. (“Tribunal”)  2002, c. 30, Sched. 114 (1) At any time before all rights of appeal are exhausted or the time for appeals has expired without an appeal being commenced, any person against whom the Director has made or is considering making an order to comply under section 111 or 112 may enter into a written undertaking of voluntary compliance. (2) The Minister may make regulations establishing a Tow and Storage Consumers Bill of Rights for the purposes of subsection (1) and governing how and when it is to be provided. 3, s. 2. 2002, c. 30, Sched.

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