Bill 2213 — An Act To Amend the Consumer Protection and Business Practices Act (50th General Assembly, 2nd Session)
Bill 2213
Newfoundland and Labrador — Bills
Second
Session, 50th General Assembly
Charles III, 2022
BILL 13
AN ACT TO AMEND THE
CONSUMER PROTECTION AND BUSINESS PRACTICES ACT
Received
and Read the First Time ................................................................
Second
Reading ............................................................................................
Committee .....................................................................................................
Third
Reading ...............................................................................................
Royal
Assent .................................................................................................
HONOURABLE SARAH
STOODLEY
Minister of Digital
Government and Service Newfoundland and Labrador
EXPLANATORY NOTES
This Bill would amend the Consumer Protection and Business Practices Act
establish a framework for
licensing and regulation of high-cost credit grantors;
repeal the provisions of the
Act which regulate telecommunications contracts;
incorporate gender-neutral
language; and
replace all references to
"Trial Division" with the correct reference "Supreme
Court".
A BILL
AN ACT TO AMEND THE CONSUMER PROTECTION AND
BUSINESS PRACTICES ACT
Analysis
S.2 Amdt.
Definitions
S.5 Amdt.
Powers and duties of director
S.7 Amdt.
Unfair consumer practices
S.8 Amdt.
Unconscionable acts
S.10 Amdt.
Remedies of consumers
S.15 Amdt.
Factors to be considered by court
S.16 R&S
Relief
in Supreme Court
S.19 Amdt.
Unsolicited goods or services
S.21 Amdt.
Consumer's remedy
S.24 Amdt.
Content of contract
S.26 Amdt.
Cancellation of contract
Part V Division 3 Rep.
Distance Service Contracts
S.38 Amdt.
Disclosure of consumer report
S.41 Amdt.
Personal information
S.42 Amdt.
Disclosure of file to consumer
S.43 Amdt.
Alteration of consumer information
S.45 Amdt.
Interpretation
PART VII.2 Added
PART
VII.2
HIGH-COST CREDIT PRODUCTS
83.12
Definitions
83.13
Application
83.14
Limits on total cost of borrowing
83.15
Prohibited practices
83.16
Cancellation rights
83.17
Required terms of agreement
83.18
Receipt for payment
83.19
Payout of balance on cash card
83.20
Prepayment
83.21
Signs and advertisements
83.22
Consequences of failure to comply
83.23
Regulations
S.84 Amdt.
Definitions
S.85 Amdt.
Licence required
S.86 Amdt.
Denial of licence
S.87 Amdt.
S.88 Amdt.
Suspension and cancellation of a licence
S.89 Amdt.
Production of licence
S.90 Amdt.
Certificate of registrar
S.91 Amdt.
Address for service
S.92 Amdt.
Notice of change
S.95 Amdt.
Exception to licensing requirement
S.96 Amdt.
Bonds
S.97 Amdt.
Investigations
S.99 Amdt.
Freezing orders
S.101 Amdt.
Compliance
S.102 Amdt.
Compliance orders
S.107 Amdt.
Appeals
S.108 Amdt.
Evidence
Commencement
Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
SNL2009 cC-31.1
as amended
(1) Paragraph 2(
f) of the Consumer Protection and Business Practices Act is amended by deleting
the words "Trial Division" and substituting the words "Supreme
Court".
(2) Paragraph 2(
j) of the Act is amended by deleting
the words "his or her" and substituting the words "the
person's".
2. (1) Paragraph 5(1)(
a) of the Act is amended by
deleting the words "him or her" and substituting the words "the
director".
(2) Subsection 5(2) of the Act is amended by
deleting the words "his or her" and substituting the words "the
director's".
Section 7 of the Act is amended by deleting the
words "he or she" wherever they appear and substituting the words
"the supplier".
4. Paragraph 8(1)(
f) of the Act is repealed and
the following substituted:
(
f) that the supplier
took advantage of the extreme necessity or helplessness of the consumer or the
inability of the consumer to protect the consumer's interests because of the
consumer's physical or mental disability, ignorance, illiteracy, age or
emotional state, or the inability to understand the character, nature or
language of the consumer transaction.
Section 10 of the Act is amended by deleting
the words "he or she" wherever they appear and substituting the words
"the consumer".
6. Paragraph 15(2)(
a) of the Act is amended by
deleting the words "his or her" and substituting the words "the
debtor's".
Section 16 of the Act is repealed and the
following substituted:
Relief in Supreme
Court
16. In addition to a right that a debtor may have under this or
another Division or otherwise in respect of money lent, the debtor may apply
for relief under this Division to a judge and the judge on the application may
exercise the powers of the court under
section 12 .
8. Subsection 19(1) of the Act is amended by
deleting the words "his or her" and substituting the words "the
consumer's".
9. Subsection 21(1) of the Act is amended by
deleting the words "his or her" and substituting the words "the
consumer's".
10. (1) Paragraph 24(3)(
a) of the Act is amended by
deleting the words "his or her" and substituting the words "the
supplier's".
(2) Paragraph 24(3)(
b) of the Act is amended by
deleting the words "his or her" and substituting the words "the
salesperson's".
(1) Subparagraph 26(1)(b)(
i) of the Act is
amended by deleting the words "his or her" and substituting the words
"the supplier's".
(2) Subsection 26(5) of the Act is amended by
deleting the words "he or she" and substituting the words "the
consumer".
12. Division 3 of
Part V of the Act is repealed.
13. Paragraph 38(1)(
e) of the Act is amended by
deleting the words "his or her" and substituting the words "the
peace officer's".
Section 41 of the Act is amended by deleting
the words "his or her" and substituting the words "the
person's".
15. Paragraph 42(1)(
a) of the Act is amended by
deleting the words "him or her" and substituting the words "the
consumer".
16. Subsection 43(1) of the Act is amended by
deleting the words "his or her" and substituting the words "the
director's".
(1) Subparagraph 45(1)(c)(iii) of the Act is
amended by deleting the
words "he or she" and substituting the words "the person".
(2) Subparagraph 45(1)(c)(
v) of the Act is amended
by deleting the words
"his or her" and substituting the words "the person's".
18. The Act is amended by adding immediately after
section 83.11 the following:
PART VII.2
HIGH-COST CREDIT PRODUCTS
Definitions
83.12 In
this Part
(a) "advance" has
the same meaning as in
Part VII;
(b) "APR" has
the same meaning as in
Part VII;
(c) "borrower" means an individual who has entered into or who is negotiating to
enter into a high-cost credit agreement for primarily a personal, family or
household purpose, where that individual, under that high-cost credit agreement,
receives or is to receive a high-cost credit product from a high-cost credit
grantor;
(d) "cash card" means a card or other device issued by a high-cost credit grantor
to the borrower of a high-cost credit product instead of advancing cash or
transferring money to the order of the borrower that can be used to obtain cash
or acquire goods and services, but does not include a credit card;
(e) "credit card" has the same meaning as in
Part VII;
(f) "fixed credit" has the same meaning
as in
Part VII;
(g) "high-cost credit agreement" means a credit agreement under which credit is extended by way of
a high-cost credit product, and includes an agreement to renew, amend or extend
a high-cost credit agreement;
(h) "high-cost credit grantor" means a person who offers, arranges, provides or facilitates
high-cost credit products to or for consumers and includes a loan broker;
(i) "high-cost credit product" means
(
i) a
fixed credit product that has an APR that exceeds the APR prescribed by
regulation and meets other criteria prescribed by regulation,
(ii) an
open credit product that has an annual interest rate that, calculated in
accordance with the regulations, exceeds the annual interest rate prescribed by
regulation and meets other criteria prescribed by regulation,
(iii) a
lease that has an APR that exceeds the APR prescribed by regulation and meets
other criteria prescribed by regulation, or
(iv) a
product prescribed by regulation through which credit is extended by a
high-cost credit grantor to a borrower primarily for a personal, family or
household purpose,
but does not include a
payday loan or a credit product prescribed by regulation;
(j) "interest" means charges that accrue over time and are determined by
applying a rate to the principal of a high-cost credit product from time to
time under the high-cost credit agreement;
(k) "loan broker" has the same meaning
as in
Part VII; and
(l) "open credit" has the same meaning
as in
Part VII.
Application
83.13
(1) This Part applies
(
a) to every high-cost
credit grantor who offers, arranges or provides a high-cost credit product to a
borrower in the province, whether the high-cost credit grantor operates from
business premises, by telephone or on the internet; and
(
b) to each high-cost
credit product, regardless of the number of high-cost credit grantors involved
in the high-cost credit product.
(2) This Part does not
apply to a high-cost credit product provided before the coming into force of
this Part, except to the extent that it relates to an extension or renewal of a
high-cost credit product provided or granted after the coming into force of
this Part.
(3) The Lieutenant-Governor in Council may by
regulation exempt a high-cost credit grantor or class of high-cost credit
grantors from some or all of this Part.
Limits on total
cost of borrowing
83.14
(1) The Lieutenant-Governor in Council may, by regulation, set
the amount, or establish a rate, formula or method of determining the amount,
respecting the maximum total cost of borrowing that may be charged by a
high-cost credit grantor.
(2) The
Lieutenant-Governor in Council may, in addition to subsection (1) and by
regulation, determine a charge, fee, penalty, rate or commission that may be
charged by a high-cost credit grantor.
(3) A high-cost credit
grantor shall not charge, require or accept from the borrower an amount that
exceeds a maximum set or determined under subsection (1) or (2).
Prohibited
practices
83.15
(1) A high-cost credit grantor shall not
(
a) offer or promise to give, directly or
indirectly, any prize or reward as an incentive to enter into, or for having
entered into, a high-cost credit agreement;
(
b) state or imply that a high-cost credit product
will improve the borrower's credit rating if it will not do so;
(
c) require, request or accept an assignment of
wages from a borrower;
(
d) collect or attempt to collect a payment before
the date that payment is due under the high-cost credit agreement; or
(
e) engage in a prohibited practice prescribed in
the regulations.
(2) An assignment of wages is not valid if it is
given in consideration of a high-cost credit product or an advance under a
high-cost credit product or to secure or facilitate a payment in relation to a
high-cost credit product.
Cancellation
rights
83.16
(1) A borrower under a high-cost credit agreement may, without
a reason, cancel the agreement at a time before the end of
(
a) the fourth day after
the high-cost credit grantor gives a copy of the agreement to the borrower, if
the high-cost credit grantor is open for business on that day; or
(
b) the next day that
the high-cost credit grantor is open for business following the fourth day referred
to in paragraph (a), if the high-cost credit grantor is not open for business
on that fourth day.
(2) A borrower may cancel a high-cost credit agreement
at any time if the high-cost credit grantor
(
a) does not advise the borrower of the borrower's
cancellation rights under subsection (1);
(
b) fails to satisfy any of the requirements in subsection
83.17(2), paragraph 83.17(4)(
a) and subsection 83.17(5); or
(
c) contravenes a provision of this Act or the
regulations that is prescribed in the regulations.
(3) A borrower who
wishes to cancel a high-cost credit agreement shall
(
a) give written notice
to the high-cost credit grantor; and
(
b) return the full
amount received by the borrower to the high-cost credit grantor.
(4) Where a borrower cancels a high-cost credit
agreement under subsection (1), written notice referred to in paragraph (3)(
a) shall be given within the time period set out in subsection (1).
(5) In giving notice of
cancellation under subsection (3), a borrower may
(
a) use the copy of the
cancellation notice provided by the high-cost credit grantor under
section 83.17;
(
b) provide notice in
writing, signed by the borrower, of the borrower's intention to cancel the high-cost
credit agreement.
(6) On receiving notice
of cancellation from a borrower under this section, the high-cost credit
grantor shall give the borrower a receipt in the form approved by the minister
acknowledging receipt of the high-cost credit agreement cancellation.
(7) A high-cost credit
grantor shall not charge a fee for the cancellation of a high-cost credit agreement.
(8) Cancellation of a high-cost credit product
under this
section extinguishes every liability and obligation under or related
to the high-cost credit agreement.
Required terms of
agreement
83.17
(1) The
terms of a high-cost credit product shall be included in a written high-cost
credit agreement that is signed and dated by the borrower.
(2) A high-cost credit grantor shall ensure that
the high-cost credit agreement includes all of the following terms, information
and statements:
(
a) the high-cost credit
grantor's
(
i) name and, where
different, the name under which the high-cost credit grantor carries on
business,
(ii) business address
and, where different, the high-cost credit grantor's mailing address, and
(iii) licence number,
telephone number and where the high-cost credit grantor has a fax number or
email address, that fax number and email address;
(
b) the borrower's name;
(
c) the date of the
agreement and, if known, the date or dates on which the first advance and other
advances will be made to the borrower or to the order of the borrower;
(
d) a statement that the high-cost credit product
is a high-cost credit product;
(
e) a statement of the type of high-cost credit
product;
(
f) the principal amount of the high-cost credit
product or the amount of funds available, as applicable;
(
g) the term of the high-cost credit product and,
if applicable, the date on which each payment is due to the high-cost credit
grantor and the amount of each of those payments;
(
h) respecting access to the high-cost credit
product
(
i) each method by which the borrower may access
funds for each transfer or advance,
(ii) if applicable, the date or dates on which the
first and any other transfers or advances to the borrower will be made,
(iii) if applicable, the amount of any funds
transferred or advanced, on each transfer or advance, to the borrower, and
(iv) if applicable, the cost of each method of
accessing the funds on each transfer or advance;
(
i) if the high-cost credit grantor advances or
transfers the funds to the borrower by means of a cash card
(
i) the date and time the cash card is issued to
the borrower,
(ii) the amount of credit available on the cash
card issued to the borrower,
(iii) a statement that third party service provider
charges may apply for use of the card, and
(iv) if applicable, the expiry date of the cash
card;
(
j) the fee, penalty, commission, consideration,
charge or other amount subject to interest, the interest rate, how interest is
calculated and compounded, how, when and why the interest rate will or may
change and a statement of the total amount of interest that is payable on the
high-cost credit product and what is included in the calculation of that amount;
(
k) the annual interest rate, and if applicable, the APR;
(
l) as applicable,
(
i) the total cost of credit expressed as a dollar
amount, or
(ii) the total cost of credit expressed as a dollar
amount based on the maximum available if the high-cost credit product is repaid
within the time period prescribed in the regulations;
(
m) the fee, penalty, commission, consideration,
charge or other amount that will or may be payable by or on behalf of the
borrower to the high-cost credit grantor or a third-party service provider;
(
n) how, how often and why the fee, penalty,
commission, consideration, charge or other amount referred to in paragraph (
m) will or may be payable and what will or may happen if the borrower fails to pay
a fee, penalty, commission, consideration, charge or other amount;
(
o) how each payment will be applied to the
accumulated cost of credit and the principal;
(
p) the borrower's right to make full or partial prepayment
under
section 83.20 and how to exercise that right;
(
q) any security
interest that will or may be required from the borrower;
(
r) any grace period
that will or may apply and what conditions, if any, the borrower must meet to
benefit from it;
(
s) what will or may
happen if the borrower fails to make a payment when it becomes due, including
(
i) what default charges
or penalties will or may be payable by the borrower,
(ii) how and when the
by the missed payment, and
(iii) what will or may
happen to any collateral or security;
(
t) how, when and in
what circumstances the high-cost credit grantor will or may demand payment in
full from the borrower;
(
u) each good or service
that shall also be purchased by the borrower, how to purchase it, why it is
required and how much it will cost;
(
v) t he nature, amount
and timing of payments for any optional product purchased by the borrower for
which payments are to be made to or through the high-cost credit grantor;
(
w) the conditions under
which the borrower may terminate an optional product referred to in paragraph
(v);
(
x) how, when and in
what circumstances the high-cost credit grantor will or may cancel the
high-cost credit agreement;
(
y) a statement of the
borrower's rights of cancellation under
section 83.16, including how those
rights can be exercised and identifying the date by which the borrower can
exercise them;
(
z) a statement of the remedies available under
section 83.22; and
(aa) any other term,
information or statement that may be prescribed in the regulations.
(3) The high-cost credit
grantor shall ensure that the terms, information and statements required under
subsection (2) are written in a clear and comprehensible manner and meet any
other criteria prescribed in the regulations.
(4) Before the borrower
signs a high-cost credit agreement, the high-cost credit grantor shall
(
a) review with the
borrower the matters prescribed in the regulations; and
(
b) require that the
borrower initial each of those matters in the agreement.
(5) The high-cost credit
grantor shall give the borrower a copy of the high-cost credit agreement at the
time it is signed by the borrower, together with
(
a) a cancellation
notice in the form approved by the director, which may be used by the borrower
for the purposes of
section 83.16; and
(
b) any other documents
prescribed in the regulations.
(6) The borrower may
request, orally or in writing, an additional copy of the high-cost credit
agreement.
(7) The high-cost credit
grantor shall provide the requested additional copy to the borrower within one
business day of receiving the request under subsection (6).
(8) A high-cost credit agreement that does not
contain the terms, information and statements prescribed in subsection (2) is
not valid.
Receipt for
payment
83.18 A high-cost credit grantor shall give a receipt to a
borrower in the form approved by the minister immediately upon receipt of
payment.
Payout of balance
on cash card
83.19
(1) Where the high-cost credit grantor issues a cash card to
the borrower in respect of a high-cost credit product, the borrower is entitled
to be paid in cash the amount of credit remaining on the card where
(
a) the balance of
credit remaining on the cash card is less than the amount prescribed by the
regulations; or
(
b) the high-cost credit
product has been repaid by the borrower and the cash card has expired.
(2) W here the borrower
is entitled to be paid a balance under subsection (1) and returns the cash card
to the high-cost credit grantor, the high-cost credit grantor shall immediately
pay the balance on demand by the borrower.
(3) On return of a cash
card under this section, the high-cost credit grantor shall immediately give
the borrower a receipt for the cash card in the form approved by the minister
and the receipt shall specify the amount paid to the borrower.
(4) The balance of
credit remaining on an expired cash card issued to a delinquent borrower may be
applied by the high-cost credit grantor as payment towards the high-cost credit
product, where prescribed by and in accordance with the regulations.
(5) In subsection (4),
"delinquent borrower" means a borrower who fails to repay a high-cost
credit product by the end of the high-cost credit product term under the high-cost
credit agreement.
Prepayment
83.20 A borrower may prepay a full or partial amount before it is
due under the high-cost credit agreement, without incurring a prepayment charge
or penalty.
Signs and
advertisements
83.21
(1) A high-cost credit grantor shall, in
accordance with the regulations,
(
a) post
signs containing the information prescribed in the regulations at each of the
high-cost credit grantors locations;
(
b) display
the information prescribed in the regulations on the high-cost credit grantors
website where the high-cost credit grantor engages in the high-cost credit
business by means of the internet; and
(
c) disclose
the information prescribed in the regulations to a prospective borrower where
the high-cost credit grantor engages in the high-cost credit business by
telephone.
(2) A n
advertisement or representation about a high-cost credit product shall include
the information prescribed in the regulations.
Consequences of
failure to comply
83.22
(1) Where
a high-cost credit grantor fails to comply with a requirement of
section 83.14,
83.15, subsection 83.17(4) or 83.17(5),
section 83.18, 83.19 or 83.20 or the
regulations made under paragraphs 83.23(k), (l), (m), (
t) or (v), the borrower
is not liable to pay the high-cost credit grantor an amount that exceeds the
principal of the high-cost credit product.
(2) The remedies under
this
section are in addition to another remedy that may be available to the
borrower under the common law or under another Part.
Regulations
83.23
(1) The Lieutenant-Governor in Council may make regulations for
the purpose of this Part
(
a) prescribing the APR for the purposes of
subparagraph 83.12(i)(i);
(
b) prescribing the criteria for the purposes of subparagraph
83.12(i)(i);
(
c) respecting the calculation of an annual
interest rate for the purposes of subparagraph 83.12(i)(ii);
(
d) prescribing an annual interest rate for the
purposes of subparagraph 83.12(i)(ii);
(
e) prescribing the criteria for the purposes of subparagraph
83.12(i)(ii);
(
f) prescribing the APR for the purposes of
subparagraph 83.12(i)(iii);
(
g) prescribing the criteria for the purposes of subparagraph
83.12(i)(iii);
(
h) prescribing a product for the purposes of
subparagraph 83.12(i)(iv);
(
i) prescribing a credit product for the purposes
of paragraph 83.12(i);
(
j) exempting a high-cost credit grantor or class
of high-cost credit grantors from the application of some or all of this Part;
(
k) prescribing the
maximum total cost of borrowing;
(
l) s pecifying fees,
penalties, rates, commissions or charges allowed to be charged by high-cost
credit grantors for or in relation to a high-cost credit product;
(
m) prohibiting certain
practices with respect to high-cost credit products or high-cost credit
grantors;
(
n) prescribing a provision of this Act or the
regulations for the purposes of paragraph 83.16(2)(c);
(
o) prescribing a time period for the purposes of
subparagraph 83.17(2)(l)(ii);
(
p) prescribing a term,
information or statement to be included in a high-cost credit agreement;
(
q) prescribing criteria for the purposes of
subsection 83.17(3);
(
r) prescribing matters a high-cost credit grantor
is required to review with a borrower and, where
applicable, to be initialled by a borrower before the borrower signs a
high-cost credit agreement;
(
s) prescribing documents for the purposes of
paragraph 83.17(5)(b);
(
t) prescribing an
amount of credit remaining on a cash card for the purposes of paragraph
83.19(1)(a);
(
u) respecting the balance of credit remaining on
an expired cash card issued to a delinquent borrower being applied by a
high-cost credit grantor as payment towards the high-cost credit product;
(
v) prescribing the
information to be required for signs, notices, representations and
advertisements;
(
w) defining a word for
the purposes of this Part where that word is not defined in this Part; and
(
x) generally, to give
effect to the purpose of this Part.
(2) Regulations made
under this
section may be made with retroactive effect.
Section 84 of the Act is amended by adding
immediately after paragraph (
b) the following:
(b.1) "high-cost credit grantor" means
high-cost credit grantor as defined in
section 83.12;
(b.2) "high-cost credit business" means
the activity of offering, arranging or providing high-cost credit products by a
high-cost credit grantor;
20. (1) Subsection 85(1) of the Act is amended by
deleting the words "he or she" and substituting the words "the
person".
(2) Subsection 85(2) of the Act is amended by
deleting the words "he or she" and substituting the words "the
person".
(3) Subsection 85(2.1) of the Act is amended by
deleting the words "he or she" and substituting the words "the
person".
(4) Section 85 of the Act is amended by adding
immediately after subsection (2.1) the following:
(2.2) A person shall not carry on business as a high-cost
credit grantor unless the person obtains a licence from the director.
21. (1) Paragraph 86(2)(
a) of the Act is amended by
deleting the words "his or her" and substituting the words "the
applicant's".
(2) Paragraph 86(3)(
a) of the Act is amended by
deleting the words "his or her" and substituting the words "the
applicant's".
(3) Section 86 of the Act is amended by adding
immediately after subsection (3) the following:
(4) An applicant for a
licence to carry on a high-cost credit business is entitled to be granted the
licence unless, in the opinion of the director,
(
a) the applicant's financial
responsibility or record of past conduct is such that it would not be in the
public interest for the licence to be granted;
(
b) the applicant is an
undischarged bankrupt;
(
c) where the applicant
is a corporation, its financial responsibility or the record of past conduct of
the corporation or its officers or directors is such that it would not be in
the public interest for the licence to be granted; or
(
d) w here the applicant
is a partnership, its financial responsibility or the record of past conduct of
the partnership or its members is such that it would not be in the public
interest for the licence to be granted.
22. Subsection 87(3) of the Act is amended by
deleting the words "his or her" and substituting the word
"the".
23. (1) Subsection 88(1) of the Act is amended by
(
a) deleting the words "or a payday
lender" and substituting a comma and the words "a payday lender or a
high-cost credit grantor"; and
(
b) deleting the words "he or she"
wherever they appear and substituting the words "the director".
(2) Subsection 88(4) of the Act is amended by
deleting the words "he or she" and substituting the words "the
director".
24. (1) Subsection 89(2) of the Act is amended by
deleting the words "he or she" and substituting the words "the salesperson".
(2) Subsection 89(3) of the Act is amended by
deleting the words "his or her" and substituting the word "its".
(3) Subsection 89(4) of the Act is amended by
(
a) deleting the words "his or her" and
substituting the word "its"; and
(
b) deleting the words "he or she" and
substituting the word it".
(4) Section 89 of the Act is amended by adding
immediately after subsection (4) the following:
(5) A high-cost credit
grantor licensed under this Act shall produce its licence for inspection when
requested to do so by a person whom it has solicited as a high-cost credit
grantor or with whom there is an agreement for a high-cost credit product.
25. Paragraphs 90(
b) and (
c) of the Act are
repealed and the following substituted:
(
b) a licence was issued
to a direct seller, credit reporting agency, payday lender or high-cost credit grantor;
(
c) the licence of a
direct seller, credit reporting agency, payday lender or high-cost credit
grantor was suspended, cancelled or reinstated,
26. Subsection 91(2) of the Act is amended by
deleting the words "his or her" and substituting the words "the
licensee's".
27. Paragraph 92(
a) of the Act is amended by
deleting the words "his or her".
(1) Section 95 of the Act is amended by
deleting the words "he or she" wherever they appear and substituting
the words "the person".
(2) Paragraph 95(
b) of the Act is amended by
deleting the words "his or her" and substituting the words "that
person's".
29. (1) Subsection 96(1) of the Act is amended by
(
a) deleting the words "him or her" and
substituting the words "the director"; and
(
b) deleting the words "he or she" and
substituting the words "the director".
(2) Subsection 96(2) of the Act is amended by
(
a) deleting the words "him or her" and
substituting the words "the director"; and
(
b) deleting the words "he or she" and
substituting the words "the director".
(3) Subsection 96(5) of the Act is amended by
(
a) deleting the words "he or she" and
substituting the words "the minister"; and
(
b) deleting the words "Trial Division"
and substituting the words "Supreme
Court".
30. Subsection 97(4) of the Act is amended by
deleting the words "his or her" and substituting the words "that
person's".
31. (1) Paragraph 99(1)(
a) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
(2) Paragraph 99(1)(
c) of the Act is amended by
deleting the words "he or she" and substituting the words "the
supplier".
32. Subsection 101(4) of the Act is amended by
deleting the words "he or she" and substituting the words "the
supplier".
33. Paragraph 102(2)(
e) of the Act is amended by
deleting the words "Trial Division" wherever they appear and
substituting the words "Supreme Court".
34. Subsection 107(1) of the Act is amended by
(
a) deleting the words "Trial Division"
and substituting the words "Supreme Court"; and
(
b) deleting the words "his or her"
wherever they appear and substituting the words "the person's".
Section 108 of the Act is amended by deleting
the words "he or she" and substituting the words "the
accused".
Commencement
36. This Act or a section, subsection or
paragraph of it comes into force on a day or days to be proclaimed by the Lieutenant-Governor
in Council.
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