CONSUMER PROTECTION AND BUSINESS PRACTICES 1 1 BILL No. 55

An Act respecting Consumer Protection and Business Practices, to repeal certain Acts and to make consequential amendments to other Acts TABLE OF CONTENTS

PART I Preliminary Matters 1

Short title 2

Interpretation 3 Act binds Crown

PART II Marketplace Practices DIVISION 1

Interpretation and Application of

Part 4

Interpretation of

Part 5 Application of Part DIVISION 2 Unfair Practices 6 Unfair practices 7 Specific unfair practices 8 Unfair practices prohibited 9 Circumstances surrounding unfair practice

PART III Consumer Products Warranties DIVISION 1

Interpretation and Application of

Part 10

Interpretation of

Part 11 Part not self-contained code 12 Subsequent owners 13 Second-hand or substandard consumer products 14 Second-hand dealers 15 Waiver of benefits ineffective; inclusion of certain clauses forbidden DIVISION 2 Express Warranties 16 Express warranties 17 Parol evidence rule abolished 18 Express warranties in labels or packages, in advertising, deemed part of description DIVISION 3 Statutory Warranties 19 Statutory warranties 20 Sale by description 21 Manufacturers deemed to give statutory warranties 22 Onus of proof 23 Retail seller’s rights against manufacturer DIVISION 4 Additional Written Warranties 24 Retail seller deemed warrantor 25 Additional written warranty concurrent with statutory warranty DIVISION 5 Remedies 26 No privity of contract required 27 Remedies are additional 28 Remedies for breach of statutory or express warranties 29 If subsequent owner claims purchase price 30 If party in breach must repair consumer product 31 If consumer rejects consumer product 32 Remedy for breach of additional written warranty to repair or replace 33 Additional repair costs DIVISION 6 Damages, Costs and Limitation of Actions 34 Costs of disassembly and damages for claim of lien or failure to assemble 35 User may recover damages 36 Exemplary damages 37 Party-party costs DIVISION 7 Resolution of Disputes 38 Service of documents 39 Effect of breach of standards DIVISION 8 Regulations for

Part 40 Regulations for Part

PART IV Unsolicited Goods 41

Interpretation of

Part 42 Legal obligations of recipients 43 No action for loss, etc., in absence of acknowledgment

CONSUMER PROTECTION AND BUSINESS PRACTICES 2 2

PART V Consumer Contracts 44

Interpretation of

Part 45 Application of

Part 46 Regulations for Part

PART VI Prepaid Purchase Cards DIVISION 1

Interpretation and Application of

Part 47

Interpretation of

Part 48 Application of Part DIVISION 2 Regulation of Prepaid Purchase Cards 49 No expiry date 50 Information to be provided 51 Fees 52 Agreements waiving provisions of Act null and void 53 Regulations for Part

PART VII Designated Activities and Licensing DIVISION 1 Preliminary 54

Interpretation of

Part 55 Designated businesses DIVISION 2 Licensing 56 Licence required – designated businesses 57 Licence required for each location 58 Application for licence 59 Financial security may be required 60 Financial security not in force 61 Issuance 62 Effect of licence 63 Terms and conditions 64 Compliance with terms and conditions required 65 Suspension or cancellation of licence 66 Automatic cancellation of licence 67 Licence not transferable 68 Expiry of licence 69 Further information or material 70 Licensee to notify director if circumstances change 71 Opportunity to be heard 72 Order against others 73 Duty to maintain records 74 Regulations for

Part 75 Registration

PART VIII Administration and Appeals of Director’s Orders and Decisions DIVISION 1 Director and Administration 76

Interpretation of

Part 77 Director appointed 78 Inspections, audits and examinations 79 Written demand to produce records or property 80 Voluntary compliance 81 Power of director to order compliance 82 Power of court to order compliance 83 Investigations 84 Costs DIVISION 2 Appeals of Director’s Orders and Decisions 85 Appeal to court 86 Documents to be filed with the court for purposes of appeal 87 Decision by court 88 Stay 89 Appeal to Court of Appeal

PART IX General Matters, Offences and Regulations DIVISION 1 General Matters 90 Mediation 91 Consumer may commence action 92 Action by director for consumer 93 Court order 94 Order to refrain from dealing with property 95 Variation of order 96 Bond in lieu of order 97 Injunction 98 Practice or activity outside Saskatchewan 99 Confidentiality 100 Director and others not compellable to give evidence 101 Resolving disputes 102 Jurisdiction 103 Rights transferred – heirs, assignees 104 Other remedies 105 Advertising 106 Immunity 107 Restrictions on access to records DIVISION 2 Offences and Penalties 108 Offences and penalties 109 Offences by officers, directors or agents 110 Compliance orders and restitution 111 Limitation on prosecution 112 Defence DIVISION 3 Regulations 113 Regulations

PART X Repeal, Transitional, Consequential and Coming into Force 114 R.S.S. 1978, c.A-34 repealed 115 S.S. 2002, c.C-6.2 repealed 116 R.S.S. 1978, c.C-15 repealed 117 S.S. 1996, c.C-30.1 repealed 118 S.S. 2004, c.C-43.2 repealed 119 R.S.S. 1978, c.D-28 repealed 120 R.S.S. 1978, c.M-22 repealed 121 S.S. 1999, c.C-4.01 amended 122 S.S. 2012, c.F-13.5,

section 2 amended 123 Transitional 124 Coming into force

CONSUMER PROTECTION AND BUSINESS PRACTICES 3 3 (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

PART I Preliminary Matters

Short title 1 This Act may be cited as The Consumer Protection and Business Practices Act.

Interpretation 2 In this Act: (a) “business day” means a day other than a Saturday, Sunday or a holiday; (b) “consumer”, subject to sections 10, 44 and 102 and other than in

Part VII, means an individual who participates or may participate in a transaction involving goods or services; (c) “court”, unless the context otherwise requires, means the Court of Queen’s Bench; (d) “director” means the person appointed pursuant to

section 77; (e) “goods”, subject to the regulations and other than in

Part VII, means personal property, including fixtures, ordinarily used for personal, family or household purposes that has been or may be sold, leased or otherwise provided by a supplier to a consumer; (f) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (g) “prescribed” means prescribed in the regulations; (h) “services”, subject to

section 44 and other than in

Part VII, means services ordinarily provided for personal, family or household purposes that have been or may be sold, leased or otherwise provided by a supplier to a consumer; (i) “supplier” means a person who, as principal or agent, carries on the business of: (

i) selling, leasing or otherwise providing goods or services on a retail basis; (ii) manufacturing, importing, producing or assembling goods; or (iii) distributing goods or services; and includes a person who issues or sells a prepaid purchase card and a licensee as defined in

Part VII; (j) “supply” includes, with respect to the supply of services to a consumer, a sale, lease or other arrangement. Act binds Crown 3 This Act binds the Crown.

CONSUMER PROTECTION AND BUSINESS PRACTICES 4 4

PART II Marketplace Practices DIVISION 1

Interpretation and Application of

Part

Interpretation of

Part 4 In this Part and in

Part IX, “unfair practice” means an unfair practice within the meaning of

section 6. Application of

Part 5 This Part applies to any transaction or proposed transaction involving goods or services other than a prescribed transaction or proposed transaction or prescribed type or kind of transaction or proposed transaction. DIVISION 2 Unfair Practices Unfair practices 6 It is an unfair practice for a supplier, in a transaction or proposed transaction involving goods or services, to: (

a) do or say anything, or fail to do or say anything, if as a result a consumer might reasonably be deceived or misled; (

b) make a false claim; (

c) take advantage of a consumer if the person knows or should reasonably be expected to know that the consumer: (

i) is not in a position to protect his or her own interests; or (ii) is not reasonably able to understand the nature of the transaction or proposed transaction; or (

d) without limiting the generality of clauses (

a) to (c), do anything mentioned in

section 7. Specific unfair practices 7 The following are unfair practices: (

a) representing that goods or services have sponsorship, approval, performance characteristics, accessories, ingredients, components, qualities, uses or benefits that they do not have; (

b) representing that the supplier has a sponsorship, approval, status, affiliation or connection that the supplier does not have; (

c) representing that goods or services are of a particular standard, quality, grade, style, model, origin or method of manufacture if they are not; (

d) representing that goods are new or unused if they are not or if they have deteriorated or been altered, reconditioned or reclaimed;

CONSUMER PROTECTION AND BUSINESS PRACTICES 5 5 (

e) representing that goods have been used to an extent different from the fact or that they have a particular history or use if the supplier knows it is not so; (

f) representing that goods or services are available if the supplier does not supply nor intend to supply or otherwise dispose of the goods or services as represented; (

g) representing that goods or services are available or are available for a particular reason, for a particular price, in particular quantities or at a particular time if the supplier knows or can reasonably be expected to know it is not so, unless the representation clearly states any limitations; (

h) representing that a service, part, repair or replacement is needed if that is not so, or that a service has been provided, a part has been installed, a repair has been made or a replacement has been provided if that is not so; (

i) representing that a price benefit or advantage exists respecting goods or services if a price benefit or advantage does not exist; (

j) charging a price for goods or services that is substantially higher than an estimate provided to the consumer, except where the consumer has expressly agreed to the higher price in advance; (

k) representing that a transaction involving goods or services involves or does not involve rights, remedies or obligations if that representation is deceptive or misleading; (

l) representing anything that gives a part of the price of specific goods or services but does not give reasonable prominence to the total price of the goods or services; (

m) representing that a salesperson, representative, employee or agent has the authority to negotiate the final terms of a transaction involving goods or services if that is not so; (

n) representing that the purpose or intent of a solicitation or communication with a consumer by a supplier is for a purpose or intent different from the fact; (

o) using exaggeration, innuendo or ambiguity in representing a material fact, or failing to disclose a material fact, if the representation or failure is deceptive or misleading; (

p) representing that goods or services have been made available in accordance with a previous representation if they have not; (

q) taking advantage of a consumer by including in a consumer agreement terms or conditions that are harsh, oppressive or excessively one-sided; (

r) taking advantage of a consumer by entering into an agreement if the price of the goods or services grossly exceeds the price at which similar goods or services are readily obtainable in a similar transaction by like consumers; (

s) taking advantage of a consumer by exerting undue pressure or undue influence on the consumer to enter into a transaction involving goods or services.

CONSUMER PROTECTION AND BUSINESS PRACTICES 6 6 Unfair practices prohibited 8(1) No supplier shall commit an unfair practice.

(2) No employee, agent, salesperson or representative of the supplier sh