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Volume 52, No. 14

B.C. Reg. 171/2009

The British Columbia Gazette,

Part II

July 28, 2009

B.C. Reg. 171/2009 , deposited July 17, 2009, pursuant to the BUSINESS PRACTICES AND CONSUMER PROTECTION (PAYDAY LOANS) AMENDMENT ACT, 2007 [Section 12] and the BUSINESS PRACTICES AND CONSUMER PROTECTION ACT [Sections 194 and 197.1 (

f) and (g)]. Order in Council 362/2009, approved and ordered July 16, 2009.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) paragraph (

a) of order in council 144/2009 is repealed and the following substituted:

(

a) the following provisions of the Business Practices and Consumer Protection (Payday Loans) Amendment Act, 2007, S.B.C. 2007, c. 35, are brought into force:

(

i) sections 1 to 3, 7 and 9 to 11;

(ii)

section 4, except as it enacts sections 112.12 to 112.15 of the Business Practices and Consumer Protection Act;

(iii)

section 8, except as it enacts

section 189 (4) (f.6) of the Business Practices and Consumer Protection Act, , and

(

b) the Payday Loans Regulation, B.C. Reg. 57/2009, is amended by adding the following section:

How to give notice of cancellation

14.1

(1) A borrower may give a notice of cancellation of a payday loan by any method that permits a person to produce evidence that the borrower cancelled the payday loan on a specific date and time, including

(

a) delivering the notice in person, and

(

b) sending the notice by courier, registered mail, electronic mail or facsimile, to

(

i) the payday lender, or

(ii) the postal address, electronic mail address or facsimile number of the payday lender or the address for service of documents set out in the payday loan agreement, pursuant to

section 112.06 (2) (

q) of the Act.

(2) For the purposes of this section, a notice of cancellation that is given other than by delivery in person is deemed to have been given at the time it is sent.

— K. HEED, Minister of Public Safety and Solicitor General ; C. HANSEN, Presiding Member of the Executive Council .

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