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Chapter C-26.3 Current as of January 1, 2025 CONSUMER PROTECTION ACT

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover. It does not include the following amendments: 2025 cP-25.5 s236 repeals s103(2)(

b) and substitutes s103(2)(

b) and (b.1). 2025 cR-13.3 s14 adds s135.1. 2026 cT-6.7 s25 adds s23.1. Regulations The following is a list of the regulations made under the Consumer Protection Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg. Amendments Consumer Protection Act Administrative Penalties (Consumer Protection Act) ......................................... 135/2013 ......... 173/2018 Appeal Board ................................................. 195/99 ............. 108/2002, 164/2010, 69/2012, 108/2015, 78/2016, 122/2018, 111/2021, 79/2024 Automotive Business ..................................... 192/99 ............. 96/2000, 137/2000, 68/2004, 221/2004, 1/2006, 112/2006, 133/2018

Collection and Debt Repayment Practices ................................................... 194/99 ............. 27/2002, 68/2004, 3/2006, 68/2008, 163/2009, 31/2012, 62/2013, 152/2013, 57/2014, 159/2018, NOTE: AR 83/2026 comes 247/2020, 67/2025, into force July 1, 2026 83/2026 Consumer Transaction Cancellation and Recovery Notice ................................ 287/2006 ......... 132/2016, 157/2018, 245/2020 Cost of Credit Disclosure ............................... 198/99 ............. 143/2003, 68/2004, 158/2007, 254/2007, 184/2008, 120/2015, 245/2020 Credit and Personal Reports ........................... 193/99 ............. 144/2003, 238/2003, 245/2005, 118/2015, 56/2019, 245/2020, 178/2025 Designation of Trades and Businesses ......................................... 178/99 ............. 93/2000, 251/2001, 45/2002, 144/2004, 221/2004, 246/2005, 8/2006, 66/2009, 133/2009, 147/2009, 98/2010, 77/2011, 31/2012, 43/2012, 45/2014, 140/2014, 125/2015, 240/2018, 10/2019, 56/2019, 104/2024 Direct Sales Cancellation and Exemption ......................................... 191/99 ............. 161/2000, 10/2004, 68/2004, 246/2005, 26/2009, 152/2013, 140/2014, 158/2018 Direct Selling Business Licensing .................. 190/99 ............. 108/2002, 70/2012, 74/2015, 198/2016, 56/2019, 245/2020, 223/2022, 68/2025 Employment Agency Business Licensing .................................................. 45/2012 ........... 173/2016, 166/2017, 56/2019, 70/2025 Energy Marketing and Residential Heat Sub-metering ........................................... 246/2005 ......... 4/2006, 35/2007, 254/2007, 309/2009, 72/2012, 119/2015, 198/2016, 56/2019, 245/2020, 223/2022, 69/2025

Exemption ...................................................... 188/99 ............. 68/2004, 139/2013, 56/2019, 245/2020 General Licensing and Security ..................... 187/99 ............. 109/2000, 56/2002, 10/2004, 68/2004, 246/2005, 259/2005, 226/2009, 105/2010, 33/2011, 45/2012, 140/2014, 115/2015, 56/2019, 5/2021, 218/2022, 179/2025 Gift Card ..................................................... ... 146/2008 ......... 162/2009, 173/2013, 167/2016, 173/2018, 56/2019, 245/2020, 223/2022 High-cost Credit ............................................. 132/2018 ......... 56/2019, 71/2025, NOTE: AR 83/2026 comes 83/2026 into force July 1, 2026 Home Inspection Business ............................. 75/2011 ........... 133/2016, 157/2017, 162/2018, 56/2019, 245/2020, 223/2022, 72/2025 Internet Sales Contract ................................... 81/2001 ........... 118/2001, 10/2004, 246/2005, 15/2006, 227/2009, 105/2010, 140/2014, 140/2016, 173/2018, 56/2019, 245/2020, 218/2022, 223/2022, 76/2023 Life Leases Interest Rate ................................ 177/2024 Payday Loans ................................................. 157/2009 ......... 230/2009, 353/2009, 92/2016, 134/2016, 183/2016, 123/2018, 73/2025, 83/2026 Prepaid Contracting Business Licensing ................................... 185/99 ............. 108/2002, 183/2011, 71/2012, 66/2015, 198/2016, 56/2019, 245/2020, 157/2022, 223/2022, 74/2025 Public Auctions .............................................. 196/99 ............. 68/2004, 187/2005, 260/2005, 288/2009, 82/2010, 56/2019, 246/2020, 218/2022, 75/2025, 83/2026 Retail Home Sales Business Licensing ................................... 197/99 ............. 68/2004, 46/2011, 116/2015, 56/2019, 245/2020, 106/2022, 76/2025 Ticket Sales .................................................... 78/2018 ........... 245/2020, 80/2024

Time Share and Points-based Contracts and Business ............................................. 105/2010 ......... 36/2014, 14/2019, 56/2019, 106/2022, 77/2025, 83/2026 Vehicle Towing and Storage .......................... 17/2026

1 CONSUMER PROTECTION ACT

Chapter C-26.3 Table of Contents 1

Interpretation 1.1 Consumer Bill of Rights

Part 1 General Principles 2 Act prevails 2.1 Application of Act 3 Other rights unaffected 4 Interpretatio n of documents 4.1 Regulations

Part 2 Unfair and Negative Option Practices Division 1 Unfair Practices 5 Application 6 Unfair practices 7 Cancelling agreement 7.1 N o t i c e 7 . 2 Powers of Court 7 . 3 L i a b i l i t y 7 . 4 Court of Justice 8 Time of occurrence 9 Advertising 1 0 Trust accounts 1 1 Information in representations 1 2 Regulations Division 2 Civil Remedies Against Suppliers 1 3 Court action by consumer

RSA 2000

Chapter C-26.3 CONSUMER PROTECTION ACT 2 1 4 Court of Justice 1 5 Actions by the Director on behalf of consumers 1 6 Arbitration clause, agreement 1 7 Court action by consumer organizations 1 8 Director to be notified 1 9 Advertisement of judicial decision Division 3 Negative Option Practices 2 0 Definition 2 1 Application 2 2 No consumer liability 2 3 Negative option practices prohibited

Part 3 Cancellation of Direct Sales Contracts and Time Share Contracts 2 4

Definitions 2 5 Application Division 1 Direct Sales Contracts 2 6 Salesperson ’s representations 2 7 Absolute cancellation right 2 8 Extended cancellation in certain circumstances 2 9 Method of cancellation 3 0 Effect of cancellation of contract 3 1 Responsibilities on cancellation 3 2 Consumer ’s right to retain goods 3 3 Recovery of refund and trade-in allowance 3 4 Proceeds of bond 3 5 Contents of sales contract 3 6 Regulations Division 2 Time Share Contracts 3 7 Absolute cancellation right 3 8 Method of cancellation 3 9 Responsibilities on cancellation 4 0 Recovery of refund 4 1 Regulations

RSA 2000

Chapter C-26.3 CONSUMER PROTECTION ACT 3

Part 3.1 Life Leases 41.1

Definitions 41.2 Application 41.3 Life lease requirements 41.4 Return of entrance fee 41.5 Standard content of agreemen ts, forms, other documents 41.6 Regulations

Part 4 Marketing Through Electronic Media 4 2 Regulations

Part 5 Credit and Personal Reports 4 3

Definitions 4 4 Furnishing reports 4 5 Contents of reports 4 7 Explanation by individual 4 9 False information 5 0 Civil remedy 5 1 Regulations

Part 6 Wage Assignments 5 2

Definitions 5 3 Assignments

Part 7 Fees Charged by Loan Brokers 5 4 Charging and collecting fees 54.1 Regulations

Part 8 Consignment Sales, Mobile Homes and Motor Fuel 5 5 Consignment sales 5 6 Mobile homes 5 7 Motor fuel

RSA 2000

Chapter C-26.3 CONSUMER PROTECTION ACT 4

Part 8.1 Ticket Sales and Resales 57.1

Definitions 57.2 Ticket refund by secondary seller, operator of secondary ticketing platform 57.3 Use of certain software 57.4 Court action re prohibited use of software 57.5 Court of Justice 57.6 Regulations

Part 9 Cost of Credit Disclosure Division 1

Interpretation and Application 5 8

Definitions 5 9 Determination o f cost of credit 6 0 Application Division 2 Disclosure 6 1 Definition 6 2 Requirement to disclose 6 3 Form of disclosure statements 6 4 Time at which disclosur e statement to be delivered 6 5 Delivery of disclosure statements Fees, Charges and Optional Services 6 6 Required insurance 6 7 Cancellation of optional services 6 8 Prepayment of non-mortgage credit 6 9 Default charges 7 0 Invitation to defer payment 7 1 Acceleration clauses Credit Arranged by Loan Brokers 7 2 Non-business credit grantors 7 3 Business credit grantors Division 3 Fixed Credit General 7 4 Application

RSA 2000

Chapter C-26.3 CONSUMER PROTECTION ACT 5 7 5 Credit sales 7 6 Advertising for fixed credit Disclosure Statements 7 7 Initial disclosure st atement for fixed credit 7 8 Changes in interest rate 7 9 Disclosure regarding amendments 8 0 Disclosure where mortgage loan renewed 8 1 Renewal of non-mortgage loan Division 4 Open Credit General 8 2 Application 8 3 Advertising for open credit 8 4 Initial disclosure statement 8 5 Statement of account Credit Cards 8 6 No unsolicited credit cards 8 7 Application for credit card 8 8 Additional disclosure for credit card 8 9 Limitation of liability Division 5 Leases of Goods 9 0

Definitions 9 1 Application of Division 9 2 Advertisements 9 3 Disclosure stat ement for lease 9 4 Residual obligation leases Division 6 Compliance 9 5

Interpretation 9 6 Recovery of paym ents and compensation 9 7 Inconsistency between disclos ure statement and contract 9 8 Statutory damages 9 9 Exemplary damages 100 Assignee

RSA 2000

Chapter C-26.3 CONSUMER PROTECTION ACT 6 Division 7 Regulations 101 Regulations

Part 10 Designated Trades and Businesses 102

Definitions 103 Application of

Part 104 Licence required - designated businesses 105 Regulations 106 Codes respecting competitive practices 107 Compliance with code 108 Municipal licences

Part 10.1 Automotive Sales and Repairs 108.1

Definitions 108.2 Disclosure, standard bill of sal e, warranties, estimates, authorization of work 108.3 Regulations

Part 11 Collection Practices 109

Definitions 110 E x e m p t i o n s 111 Licence required 112 Suspension and cancellation of licence 114 Statement of account 117 Withdrawal of accounts 118 Regulations

Part 12 Public Auctions 119

Definitions 120 Application 121 Licence required 123 Removal of goods purchased 124 Regulations

Part 12.01 High-cost Credit 124.01

Definitions

RSA 2000

Chapter C-26.3 CONSUMER PROTECTION ACT 7 124.02 Licence required

Part 12.1 Payday Loans 124.1

Interpretation 124.11 Application 124.12 Express content 124.2 Prohibited practices 124.21 Tied selling prohibited 124.3 Instalment payments 124.31 Financial literacy information 124.4 Cancellation period 124.41 Standard content of agreemen ts, forms, other documents 124.5 Agreement and advance 124.51 Acknowledgment of receipt of payment 124.6 Payout of balance on cash card 124.61 Maximum allowable cost of borrowing 124.7 Consequence of failure to comply 124.8 Signs and notices 124.81 Creation, retention of records 124.9 Use, disclosure of personal information 124.91 Regulations

Part 13 Licensing 125 Definition 126 Application for licence 127 Refusal, suspension, cancellation, terms 128 N o t i c e 129 Order against agents and others 130 Security 131 Term of licence 132 Duty to maintain records 133 Trust accounts 134 Notification of changes 135 Appeal 136 Delegation to regulatory boards 137 Establishment of fund by regulatory board 137.1 Review respecting regulatory board 137.2 Ministerial ord er after review 137.3 Notice of ministerial order 137.4 Ministerial order in public interest without review, notice, representations

RSA 2000

Chapter C-26.3 CONSUMER PROTECTION ACT 8 137.5 Request to revoke or var y ministerial order made without notice 137.6 Revocation of ministerial order 137.7 Responsibility for review and order costs 137.8 Continuation of Alberta Mot or Vehicle Industry Council as corporation 137.9 Act, regulations prevail 137.91 Transitional regulations, matters 137.92 Transitional regulations re co ntinuation of Alberta Motor Vehicle Industry Council 138 Delegation to department head 139 Regulations 140 Registration

Part 14 Remedies and Enforcement 141 Definition Dispute Resolution 142 Dispute resolution Court Action by Consumer 142.1 Court action by consumer re contravention, failure to comply 142.2 Court of Justice Trust Accounts 143 Regulations Inspections and Investigations 144 Identification of inspectors 145 Inspection 146 Order compelling assistance in inspections 147 Investigation 148 Order compelling assistance in investigations 149 Special circumstances 150 Publication of information 150.1 Disclosing defaul t in payment of fines 151 Property freeze orders 151.1 Payment into court 151.2 Notice filed in land titles offi ce or Personal Property Registry 151.3 Application to Court respecting order or notice

RSA 2000

Chapter C-26.3 CONSUMER PROTECTION ACT 9 Undertakings 152 Supplier ’s undertakings 153 Change in undertaking by Director 154 Change in undertaking by Court 155 Effect of varying or cancelling an undertaking Injunctions and Compliance Orders 156 Injunction 157 Director ’s order 157.1 Public record 158 Enforcement of Director ’s order Administrative Penalties 158.1 Notice of administrative penalty 158.2 Right to make r epresentations 158.3 No offence where admin istrative penalty paid 158.4 Enforceability of notice of administrative penalty 158.5 Ministerial regulations Other Remedies 159 Court actions by the Director 159.1 Director’s claim for restitution 160 Advertisement of judicial decision Offences 161 Non-compliance with Act 162 Non-compliance with regulations 163 Non-compliance with orders, etc. 164 Penalty 165 Corporations, partnerships and sole proprietorships 166 Vicarious liability 167 Time limit for prosecution 168 Restitution Evidence 169 Carrying on business 169.1 Evidence 170 Loan brokers 171 Status of licensee and nat ure of substances, etc. 172 Copies

RSA 2000

Chapter C-26.3 CONSUMER PROTECTION ACT 10

Part 15 Administration and Appeals Administration 173 Director and inspectors 174 Delegation 175 Co-operative enforcement 176 Government ’s costs 177 Service of documents 178 Forms Appeals 179 Appeal 180 Effect of appeal 181 Court of King ’s Bench 182 Powers of appeal board 182.1 Protection from liability 183 Regulations

Part 15.1 General 183.1 Publication of review 183.2 Complainant protection

Preamble

WHEREAS all consumers have the right to be safe from unfair business practices, the right to be properly informed about products and transactions, and the right to reasonable access to redress when they have been harmed;

WHEREAS businesses thrive when a balanced marketplace is promoted and when consumers have confidence that they will be treated fairly and ethically by members of an industry;

WHEREAS businesses that comply with legal rules should not be disadvantaged by competing against those that do not; and

WHEREAS the Government of Alberta is committed to protecting consumers and businesses from unfair practices to support a prosperous and vibrant economy; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

RSA 2000

Section 1

Chapter C-26.3 CONSUMER PROTECTION ACT 11

Interpretation 1(1) In this Act, (a) “administrative penalty” means an administrative penalty required to be paid under

section 158.1(1); (a.1) “advertiser” means a person who prints, publishes, distributes, broadcasts or telecasts other people’s advertisements; (b) “consumer” means, subj ect to the regulations under subsection (2) and except in

section 108.1(c), an individual who (

i) receives or has the right t o receive goods or services from a supplier as a result of a purchase, lease, gift, contest or other arrangement, but does not include an individual who intends to sell the goods after receiving them, (ii) has a legal obligation to c ompensate a supplier for goods that have been or are to be supplied to another individual and the other individual does not intend to sell the goods after receiving them, or (iii) has a legal obligation to compensate a supplier for services that have been or are to be supplied to another individual; (c) “consumer transaction” mean s, subject to the regulations under subsection (2), (

i) the supply of goods or services by a supplier to a consumer as a result of a purchase, lease, gift, contest or other arrangement, or (ii) an agreement between a supplier and a consumer, as a result of a purchase, lease, gift, contest or other arrangement, in which the supplier is to supply goods or services to the consumer or to another consumer specified in the agreement; (c.1) “credit agreement” means a n agreement under which credit is extended and, without limitation, includes (

i) a loan of money, (ii) a credit sale, and

RSA 2000

Section 1

Chapter C-26.3 CONSUMER PROTECTION ACT 12 (iii) an agreement under which a loan of money or a credit sale may occur in the future; (d) “Director” means the Direct or of Fair Trading appointed under

section 173; (e) “goods”, except in

Part 12, means, subject to the regulati ons under subsection (2), (

i) any personal property that is used or ordinarily used primarily for personal, family or household purposes, (ii) a voucher, or (iii) a new residential dwelling whether or not the dwelling i s affixed to land; (f) “inspector” means an insp ector appointed under

section 173; (g) “licence” means a licence issu ed or renewed under this Act; (h) “loan broker” means a person who for compensation directly assists a person in obtaining credit or a loan of money for business or personal use, including credit or a loan made from the loan broker’s own funds; (i) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (i.1) “notice of administrativ e penalty” means a notice given under

section 158.1(1); (i.2) “ongoing consumer transaction” means a consumer transaction providing for the continuing or periodic supply of goods or services, whether for a fixed or an indeterminate period of time; (i.3) “recorded mail” means a form of document delivery by mail or courier in which receipt of the document must be acknowledged in writing; (j) “regulatory board” means a regulatory board established under the regulations; (k) “services” means, subject to the regulations under subsection (2), any service offered or provided primarily for personal, family or household purposes, including

RSA 2000

Section 1

Chapter C-26.3 CONSUMER PROTECTION ACT 13 (

i) a service offered or provi ded that involves the addition to or maintenance, repair or alteration of goods or any residential dwelling, (ii) a membership in any club or organization if the club or organization is a business formed to make a profit for its owners, (ii.1) under a life le ase as defined in

Part 3.1, the exclusive right to occupy a residential dwelling and, if applicable, use areas intended for the common use of occupants of a building, (iii) the right to use property under a time share contract, and (iv) any credit agreement; (l) “supplier” means, subject to the regulations under subsection (2), a person who, in the course of the person’s business, (

i) provides goods or services to consumers, (ii) manufactures, assemb les or produces goods, (iii) promotes the us e or purchase of goods or services, or (iv) receives or is entitled to receive money or other consideration as a result of the provision of goods or services to consumers, and includes any salesperson , employee, representative or agent of the person; (m) “time share contract” me ans a contract in which an individual acquires the right to use, occupy or possess real or personal property, whether or not it is located in Alberta, (

i) for a period of time of less than one year during an interval specified in the contract, and (ii) as part of a plan that provides for the use of the proper ty to circulate among persons participating in the plan; (n) “voucher” means any document that purports to give the holder of the document the right to obtain goods or a service or the right to obtain goods or a service at a discounted or reduced price.

RSA 2000

Section 1.1

Chapter C-26.3 CONSUMER PROTECTION ACT 14

(1.1) The Minister may, for the purposes of this Act or any part of this Act and for the purposes of the regulations, make regulations defining any word or term used but not defined in this Act or in the part of this Act.

(2) Without limiting the generality of subsection (1.1), the Minister may make regulations that restrict or broaden the

definitions of consumer, consumer transaction, goods, services and supplier, and the restricting or broadening of the

definitions may apply to one or more provisions of this Act and to one or more provisions of the regulations under this Act. RSA 2000 cF-2 s1;2005 c9 s2;2012 c7 s1;2016 c8 s2; 2017 c18 s1(5);2018 c11 s7;2024 c3 s2 Consumer Bill of Rights 1.1(1) The Minister shall establish and make publicly available a Consumer Bill of Rights that highlights consumer rights and protections under this Act.

(2) A failure of a person to act in a manner that is consistent with the Consumer Bill of Rights does not in itself give rise to (

a) a cause of action or other l egally enforceable right or legal remedy or claim, (

b) an offence under this Act, or (

c) proceedings in any court or before any body or person having the power to make decisions under an enactment.

(3) The Consumer Bill of Rights does not limit or otherwise affect any existing rights or obligations under this Act. 2017 c18 s1(6)

Part 1 General Principles Act prevails 2(1) Any waiver or release by a person of the person’s rights, benefits or protections under this Act or the regulations is void. (2) Subsection (1) does not apply to a release made by a person in the settlement of a dispute. 1998 cF-1.05 s2

RSA 2000

Section 2.1

Chapter C-26.3 CONSUMER PROTECTION ACT 15 Application of Act 2.1 In determining whether this Act applies to an entity, a representation or a transaction, a court or an appeal board must consider the real substance of the entity, the representation or the transaction and in doing so may disregard the outward form. 2005 c9 s3;2018 c11 s7 Other rights unaffected 3 None of the rights or remedies under this Act or the regulations restrict, limit or derogate from any legal, equitable or statutory right or remedy that the following may have: (

a) a c o n s u m e r ; (

b) a person dealing with a rep orting agency as defined in

Part 5, licensee or loan broker; (

c) a borrower or lessee to which

Part 9 applies; (

d) a borrower to whom

Part 12.1 applies. RSA 2000 cF-2 s3;2016 cE-9.5 s8

Interpretation of documents 4 If a consumer and a supplier enter into a consumer transaction, or an individual enters into a contract with a licensee and the licensee agrees to supply something to the individual in the normal course of the licensee’s business, and (

a) all or any part of the tra nsaction or contract is evidenced by a document provided by the supplier or licensee, and (

b) a provision of the document is ambiguous, the provision must be interpreted against the supplier or licensee, as the case may be. 1998 cF-1.05 s4 Regulations 4.1 The Minister may make regulations respecting the establishment of minimum standards for specific types of business that are subject to this Act, without requiring them to be licensed. 2005 c9 s4

RSA 2000

Section 5

Chapter C-26.3 CONSUMER PROTECTION ACT 16

Part 2 Unfair and Negative Option Practices Division 1 Unfair Practices Application 5 This Act applies to the following unfair practices: (

a) an unfair practice in which the supplier or consumer is a resident of Alberta; (

b) an unfair practice involvin g a consumer transaction in which the offer or acceptance is made in or is sent from Alberta; (

c) an unfair practice made or received in Alberta involving a supplier’s representative; (

d) an unfair practice sp ecified in the regulations. 1998 cF-1.05 s5 Unfair practices 6(1) In this section, “material fact” means any information that would reasonably be expected to affect the decision of a consumer to enter into a consumer transaction.

(1.1) It is an offence for a supplier to engage in an unfair practice.

(2) It is an unfair practice for a supplier, in a consumer transaction or a proposed consumer transaction, (

a) to exert undue pressure or influence on the consumer to enter into the consumer transaction; (

b) to take advantage of the consumer as a result of the consumer’s inability to understand the character, nature, language or effect of the consumer transaction or any matter related to the transaction; (

c) to use exaggeration, innuendo or ambiguity as to a materia l fact with respect to the consumer transaction; (

d) to charge a price for good s or services that grossly exceeds the price at which similar goods or services are readily available without informing the consumer of the difference in price and the reason for the difference; (

e) to charge a price for goods or services that is more than 10%, to a maximum of $100, higher than the estimate given for those goods or services unless

RSA 2000

Section 6

Chapter C-26.3 CONSUMER PROTECTION ACT 17 (

i) the consumer has expressly consented to the higher price before the goods or services are supplied, or (ii) if the consumer requires additional or different goods and services, the consumer and the supplier agree to amend the estimate in a consumer agreement; (

f) to charge a fee for an estim ate for goods or services unless the consumer (

i) is informed in advance th at a fee will be charged and informed of the amount of the fee, and (ii) has expressly consented to be charged the fee.

(3) It is an unfair practice for a supplier (

a) to enter into a consumer transaction if the supplier knows or ought to know that the consumer is unable to receive any reasonable benefit from the goods or services; (

b) to enter into a consumer transaction if the supplier knows or ought to know that there is no reasonable probability that the consumer is able to pay the full price for the goods or services; (

c) to include in a consumer tr ansaction terms or conditions that are harsh, oppressive or excessively one-sided; (

d) to make a representation that a consumer transaction involves or does not involve rights, remedies or obligations that is different from the fact.

(4) Without limiting subsections (2) and (3), the following are unfair practices if they are directed at one or more consumers or potential consumers: (

a) a supplier’s doing or saying anything that might reasonabl y deceive or mislead a consumer; (

b) a supplier’s misleading statement of opinion if the consum er is likely to rely on that opinion to the consumer’s disadvantage; (

c) a supplier’s representatio n that goods or services have sponsorship, approval, performance, characteristics, accessories, ingredients, quantities, components, uses, benefits or other attributes that they do not have;

RSA 2000

Section 6

Chapter C-26.3 CONSUMER PROTECTION ACT 18 (

d) a supplier’s representation that the supplier has a sponsorship, approval, status, qualification, affiliation or connection that the supplier does not have; (

e) a supplier’s representation that goods or services are of a particular standard, quality, grade, style or model if they are not; (

f) a supplier’s representation that goods have or have not be en used to an extent that is different from the fact; (

g) a supplier’s representation that goods are new if they are used, deteriorated, altered or reconditioned; (

h) a supplier’s representation that goods have or do not have a particular prior history or usage if that is different from the fact; (

i) a supplier’s representatio n that goods or services are available for a reason that is different from the fact; (

j) a supplier’s representation that goods or services have be en made available in accordance with a previous representation if they have not; (

k) a supplier’s representation that the supplier can supply goods or services if the supplier cannot; (

l) a supplier’s representation involving a voucher that anoth er supplier will provide goods or a service or will provide goods or a service at a discounted or reduced price if the first-mentioned supplier knows or ought to know that the second-mentioned supplier will not; (

m) a supplier’s representation that goods are available in a particular quantity if they are not; (

n) a supplier’s representatio n that goods or services will be supplied within a stated period if the supplier knows or ought to know that they will not; (

o) a supplier’s representation that a specific price benefit or advantage exists if it does not; (

p) a supplier’s representation that a part, replacement, repair or adjustment is needed or desirable if it is not; (

q) a supplier’s representation that the supplier is requesting information, conducting a survey or making a solicitation for a particular purpose if that is not the case;

RSA 2000

Section 6

Chapter C-26.3 CONSUMER PROTECTION ACT 19 (

r) a supplier’s representation that a person does or does not have the authority to negotiate the terms of a consumer transaction if the representation is different from the fact; (

s) when the price of any part of goods or services is given i n any representation by a supplier, (

i) failure to give the total price of the goods or services, or (ii) giving less prominence to the total price of the goods or services than to the price of the part; (

t) when the amount of any instalment to be paid in respect of goods or services is given in any representation by a supplier, (

i) failure to give the total price of the goods or services, or (ii) giving less prominence to the total price of the goods and services than to the amount of the instalment; (t.1) a supplier’s representatio n regarding an agreement for continuing provision of services if the supplier fails to provide prominent and full disclosure of the details of the agreement, including duration, changes in price, renewals, extensions or amendments, or if the supplier fails to obtain the consumer’s express consent to renewals, extensions or amendments of the agreement; (

u) a supplier’s giving an estimate of the price of goods or services if the goods or services cannot be provided for that price; (

v) a supplier’s representation of the price of goods or servi ces in such a way that a consumer might reasonably believe that the price refers to a larger package of goods or services than is the case; (

w) a supplier’s representation that a consumer will obtain a benefit for helping the supplier to find other potential customers if it is unlikely that the consumer will obtain such a benefit; (

x) a supplier’s representation about the performance, capability or length of life of goods or services unless (

i) the representation is based on adequate and proper independent testing that was done before the representation is made,

RSA 2000

Section 7

Chapter C-26.3 CONSUMER PROTECTION ACT 20 (ii) the testing substa ntiates the claim, and (iii) the representation accurate ly and fairly reflects the results of the testing; (

y) a supplier’s representation that goods or services are available at an advantageous price if reasonable quantities of them are not available at such a price, unless it is made clear that quantities are limited; (

z) a supplier’s representation that appears in an objective form such as an editorial, documentary or scientific report when the representation is primarily made to sell goods or services, unless the representation states that it is an advertisement or promotion; (aa) anything specified in the regulations.

RSA 2000 cF-2 s6;2005 c9 s5;2018 c11 s7 Cancelling agreement 7(1) A consumer may cancel at no cost or penalty to the consumer a consumer transaction, whether written or oral, that was entered into by the consumer and a supplier who engaged in an unfair practice regarding the consumer transaction, whether the unfair practice occurred before, during or after the time when the consumer transaction was entered into, and in addition the consumer is entitled to any remedy that is available at law, including damages.

(2) Where a supplier has been found to have engaged in an unfair practice, any consumer who entered into a consumer transaction that was subject to the unfair practice with the supplier who engaged in the unfair practice may cancel the consumer transaction at no cost or penalty to the consumer.

(3) A consumer is entitled to recover the amount by which the consumer’s payment under the consumer transaction exceeds the value of the goods or services to the consumer, or to recover damages, or both, if cancellation of the consumer transaction under subsection (1) or (2) is not possible because (

a) the return or restitution of the goods or cancellation of the services is no longer possible, or (

b) cancellation would deprive a third party of a right in the subject-matter of the consumer transaction that the third party has acquired in good faith and for value.

RSA 2000

Section 7.1

Chapter C-26.3 CONSUMER PROTECTION ACT 21

(4) When a consumer cancels a consumer transaction under subsection (1) or (2), the cancellation operates to cancel, as if they never existed, (

a) the consumer transaction, (

b) all related consumer transactions, (

c) all guarantees given in respect of money payable under the consumer transaction, (

d) all security given by the co nsumer or a guarantor in respect of money payable under the consumer transaction, and (

e) all credit agreements and other payment instruments, including promissory notes, (

i) extended, arranged or fac ilitated by the supplier with whom the consumer made the consumer transaction, or (ii) otherwise related to the consumer transaction. RSA 2000 cF-2 s7;2005 c9 s6 Notice 7.1(1) A consumer must give notice within one year of a supplier having been found to have engaged in an unfair practice related to a consumer transaction if (

a) the consumer wishes to ca ncel the consumer transaction under

section 7(1) or (2), or (

b) the consumer seeks recovery under

section 7(3), if cancellation is not possible.

(2) A consumer may give notice in any manner as long as the notice indicates (

a) the consumer’s intention (

i) to cancel the consumer transaction, or (ii) to seek recovery if cancellation is not possible, a n d (

b) the consumer’s reasons for taking the actions set out in clause (a), and meets any requirements that may be prescribed.

RSA 2000

Section 7.2

Chapter C-26.3 CONSUMER PROTECTION ACT 22

(3) Notice may be delivered by any means, but if notice is delivered other than by personal service it is deemed to have been given when sent.

(4) The consumer may send or deliver the notice to the supplier with whom the consumer entered into the consumer transaction at the address set out in an agreement under the consumer transaction or, if the consumer did not receive a written copy of the agreement or if the address of the supplier was not set out in the agreement, the consumer may send or deliver the notice (

a) to any address of the supplier on record with the Government of Alberta, or (

b) to an address of the supplier known to the consumer.

(5) If a consumer has delivered notice and has not received a satisfactory response within the prescribed period, the consumer may commence an action in the Court of King’s Bench. 2005 c9 s6;AR 217/2022 Powers of Court 7.2(1) In an action commenced under this Division, the Court of King’s Bench may award exemplary or punitive damages in addition to any other remedy the Court considers proper.

(2) In the trial of an issue under this Division, oral evidence respecting an unfair practice is admissible despite the existence of a written agreement under the consumer transaction and despite the fact that the oral evidence pertains to a representation in respect of a term, condition or undertaking that is not provided for in the agreement.

(3) The Court of King’s Bench may disregard the requirement that the consumer give notice under

section 7.1 or any requirement relating to the notice if the Court considers that it is in the interest of justice to do so. 2005 c9 s6;AR 217/2022 Liability 7.3(1) Each person who engages in an unfair practice is jointly and severally liable with the supplier who entered into a consumer transaction that was subject to the unfair practice with a consumer for any amount to which the consumer is entitled under

section 7 or 7.2.

(2) If an agreement under a consumer transaction to which

section 7 applies has been assigned, or if any right to payment under such a consumer transaction has been assigned, the liability of the person

RSA 2000

Section 7.4

Chapter C-26.3 CONSUMER PROTECTION ACT 23 to whom it has been assigned is limited to the amount paid to that person by the consumer. 2005 c9 s6 Court of Justice 7.4(1) Subject to the jurisdiction of the Court of Justice, an action under

section 7.1(5) may be commenced under

Part 4 of the Court of Justice Act and the regulations under that Act.

(2) Section 18 does not apply to an action commenced under this section. 2005 c9 s6;2015 c12 s10;AR 75/2023 Time of occurrence 8 An unfair practice may occur before, during or after a consumer transaction, and is an unfair practice for all the purposes of this Part even if no consumer transaction is entered into or concluded. 1998 cF-1.05 s8 Advertising 9(1) No advertiser may print, publish, distribute, broadcast or telecast a supplier’s advertisement for goods or a service if the advertisement contains an unfair practice. (2) Subsection (1) does not apply to an advertiser who prints, publishes, distributes, broadcasts or telecasts a supplier’s advertisement in good faith and in the ordinary course of business. 1998 cF-1.05 s9 Trust accounts 10 Every supplier must comply with the requirements respecting trust accounts established by the regulations under

section 143. 1998 cF-1.05 s10 Information in representations 11 If a regulation is made pursuant to

section 12(d), every supplier who makes a representation to which the regulation applies must ensure that the representation contains the information prescribed by the regulation. 1998 cF-1.05 s11 Regulations 12 The Minister may make regulations (

a) specifying unfair practices to which this Part applies; (

b) specifying activities or things to be unfair practices;

RSA 2000

Section 13

Chapter C-26.3 CONSUMER PROTECTION ACT 24 (

c) respecting the records to b e maintained by an advertiser, including where the records are to be maintained and the time period for which they must be maintained; (

d) prescribing information that must be given in a representation made by a supplier or class of supplier in respect of any consumer transaction or class of consumer transaction; (

e) prescribing requirements for notice that must be given by a consumer for the purpose of cancelling a consumer transaction or seeking recovery under

section 7; (

f) prescribing the period for a supplier to respond to notice given by a consumer under

section 7.1. RSA 2000 cF-2 s12;2005 c9 s7 Division 2 Civil Remedies Against Suppliers Court action by consumer 13(1) When a consumer (

a) has entered into a consumer transaction, and (

b) in respect of that consumer transaction, has suffered dama ge or loss due to an unfair practice, that consumer may commence an action in the Court of King’s Bench for relief from that damage or loss against any supplier or any principal, director, manager, employee or agent of a supplier who engaged in or acquiesced in the unfair practice that caused that damage or loss.

(2) In an action under this section, the Court of King’s Bench may (

a) declare that the practi ce is an unfair practice; (

b) award damages for damage or loss suffered; (

c) award punitive or exemplary damages; (

d) make an order for (

i) specific performance of the consumer transaction, (ii) restitution of property or funds, or (iii) rescission of the consumer transaction;

RSA 2000

Section 14

Chapter C-26.3 CONSUMER PROTECTION ACT 25 (

e) grant an order in the nature of an injunction restraining the supplier from engaging in the unfair practice; (

f) make any directions and gra nt any other relief the Court considers proper.

(3) In determining whether to grant any relief under this

section and the nature and extent of the relief, the Court of King’s Bench must consider whether the consumer made a reasonable effort to minimize any damage resulting from the unfair practice and to resolve the dispute with the supplier before commencing the action in the Court.

(4) The Court of King’s Bench may award costs in accordance with the Alberta Rules of Court. RSA 2000 cF-2 s13;2005 c9 s8;2009 c53 s64; AR 217/2022 Court of Justice 14(1) Subject to the jurisdiction of the Court of Justice, an action under

section 13(1) may be commenced under

Part 4 of the Court of Justice Act.

(2) Section 18 does not apply to an action commenced under this section. RSA 2000 cF-2 s14;AR 75/2023 Actions by the Director on behalf of consumers 15(1) Subject to this section, the Director may, when in the opinion of the Director it is in the public interest to do so, (

a) commence and maintain an action under

section 13 if a consumer has a cause of action under that section, (

b) maintain an action under

section 13 after it has been commenced, or (

c) bring and maintain an app eal of an action under

section 13.

(2) When, pursuant to subsection (1), the Director brings or maintains an action or an appeal under

section 13, the Director must do so in the name of and on behalf of that consumer, and the Director is entitled to take the same steps in and have the same control over the action or appeal, including the right to settle the action or appeal or any part of it, that the consumer would have had in respect of that action or appeal.

(3) The Director may not bring or maintain an action or an appeal under this

section without first obtaining the written consent of the consumer in whose name the action is brought.

RSA 2000

Section 16

Chapter C-26.3 CONSUMER PROTECTION ACT 26

(4) On the consumer’s giving written consent, the Director may, without consulting or seeking any further consent of the consumer, conduct the action or appeal in any manner the Director considers appropriate.

(5) In an action or appeal commenced, brought or maintained by the Director pursuant to subsection (1), (

a) any money recovered, excluding costs of the action or appeal, must be paid to the consumer; (

b) any money payable by the consumer, excluding costs of the action or appeal, is not recoverable from the Director or the Government; (

c) the costs of the action or a ppeal are to be paid to or borne by the Government.

(6) Nothing in this

section abrogates or restricts any right of set-off that a person has or may have against a consumer on whose behalf the Director is acting under this section.

(7) When the Director, while acting on behalf of a consumer under this section, releases a supplier from a liability or an obligation arising out of the cause of action, that release extinguishes the claim to the liability or obligation referred to in that release that the consumer may have against that supplier. 1998 cF-1.05 s15 Arbitration clause, agreement 16(1) Subject to subsection (3), a supplier shall not enforce an arbitration clause in a consumer transaction or an arbitration agreement with a consumer.

(2) Subject to subsection (3), an arbitration clause in a consumer transaction or an arbitration agreement with a consumer is void and unenforceable. (3) Subsections (1) and (2) do not apply in respect of (

a) an arbitration agreement voluntarily entered into between a supplier and a consumer after a dispute has arisen, or (

b) an arbitration agreement or an arbitration clause in a consumer transaction if the agreement or clause allows the consumer to decide, after a dispute has arisen, whether the consumer will use arbitration or an action in court to resolve the dispute. RSA 2000 cF-2 s16;2017 c18 s1(9)

RSA 2000

Section 17

Chapter C-26.3 CONSUMER PROTECTION ACT 27 Court action by consumer organizations 17(1) A consumer organization or a group of consumers may commence and maintain an action in the Court of King’s Bench against a supplier or any principal, director, manager, employee or agent of a supplier who is engaging in or has engaged in an unfair practice.

(2) In an action under this section, the Court of King’s Bench may (

a) make an order declaring that the act or practice is an unfair practice, and (

b) grant an order in the nature of an injunction restraining the supplier or any principal, director, manager, employee or agent of the supplier from engaging in the unfair practice.

(3) A consumer organization bringing an action under this

section is not required to have an interest in or be affected by the matter in issue in order to commence and maintain the action.

(4) When an action is commenced under this section, the Court of King’s Bench may order the consumer organization that commenced the action to furnish security for costs in any amount the Court considers proper. RSA 2000 cF-2 s17;2005 c9 s9;AR 217/2022 Director to be notified 18(1) A party that commences an action under

section 13 or 17 must serve the Director with a copy of the statement of claim.

(2) The party commencing the action may not take the next step in the action until the Director has been served under subsection (1).

(3) On being served under subsection (1), the Director may, on notice to all parties to the action, make application to the Court to be added as a party and on the making of the order the Director may take any of the steps under

section 15. 1998 cF-1.05 s18 Advertisement of judicial decision 19(1) When a court grants relief under

section 13, 15 or 17, the court may make a further order requiring the supplier to advertise to the public the particulars of any order, judgment or other relief granted by the court.

(2) In making an order under subsection (1), the court may prescribe (

a) the methods of making the advertisement so that it will assure prompt and reasonable communication to consumers;

RSA 2000

Section 20

Chapter C-26.3 CONSUMER PROTECTION ACT 28 (

b) the contents or form, o r both, of the advertisement; (

c) the number of times the advertisement is to be made; (

d) any other conditions the court considers proper. 1998 cF-1.05 s19 Division 3 Negative Option Practices Definition 20 In this Division, “negative option practice” means a consumer transaction in which a supplier (

a) provides goods or services to a consumer, including the enhancement of a service that a consumer is already receiving, that the consumer did not request, and (

b) requires the consumer to pay for the goods or services unless the consumer informs the supplier that the consumer does not want the goods or services. 1998 cF-1.05 s20 Application 21 This Division applies to a negative option practice if (

a) the supplier or consumer is a resident of Alberta, or (

b) the goods or services are provided from or received in Alberta. 1998 cF-1.05 s21 No consumer liability 22 A consumer is not liable to pay for any goods or services received under a negative option practice. RSA 2000 cF-2 s22;2005 c9 s10 Negative option practices prohibited 23 No supplier may supply goods or services to a consumer through a negative option practice. 1998 cF-1.05 s23

Part 3 Cancellation of Direct Sales Contracts and Time Share Contracts

Definitions 24 In this Part,

RSA 2000

Section 25

Chapter C-26.3 CONSUMER PROTECTION ACT 29 (a) “commencement date” mean s the date a supplier of a prepaid or direct sales contract begins tangible or identifiable service at the location specified in the contract; (a.1) “direct sales contract” me ans a consumer transaction that is a contract, other than a time share contract, in which (

i) the consideration for the goods or services exceeds an amount specified in the regulations, and (ii) the contract is negotiated or concluded in person at a place other than the supplier’s place of business or at a place other than a market place, auction, trade fair, agricultural fair or exhibition, and includes an offer to buy goods or services or to enter into a contract mentioned in subclause (

i) or (ii); (b) “trade-in allowan ce” means the greater of (

i) the price or value of the co nsumer’s goods as set out in a trade-in arrangement, or (ii) the market value of the consumer’s goods when taken in trade under a trade-in arrangement; (c) “trade-in arrangement” means an agreement or arrangement, contained in a direct sales contract or forming the whole or part of a related agreement, under which the consumer sells or agrees to sell the consumer’s own goods to the supplier or any other person and the goods are accepted as the whole or part of the consideration under the direct sales contract. RSA 2000 cF-2 s24;2005 c9 s11 Application 25(1) This Part applies to the following direct sales contracts and time share contracts: (

a) a contract in which the supplier or consumer is a resident of Alberta; (

b) a contract in which the of fer or acceptance is made in or is sent from Alberta; (

c) a contract specified in the regulations.

(2) This Part or a Division of this Part does not apply to classes of business exempted in the regulations.

RSA 2000

Section 26

Chapter C-26.3 CONSUMER PROTECTION ACT 30

(3) The Minister may make regulations for the purposes of subsections (1)(

c) and (2). RSA 2000 cF-2 s25;2005 c9 s12 Division 1 Direct Sales Contracts Salesperson’s representations 26 An oral or written representation, statement or undertaking, whether constituting a condition or warranty or not, made to a consumer by a salesperson with respect to goods covered by a direct sales contract or a related sale is deemed to have been made by the salesperson as agent of the supplier, but nothing in this

section exonerates any person from any liability to which the person would be subject apart from this section. 1998 cF-1.05 s26 Absolute cancellation right 27 A consumer may, without any reason, cancel a direct sales contract at any time from the date the sales contract is entered into until, subject to the regulations, 10 days after the consumer receives a copy of the written sales contract. 1998 cF-1.05 s27 Extended cancellation in certain circumstances 28(1) In addition to the right of cancellation under

section 27, a consumer may cancel a direct sales contract in the circumstances set out in this section.

(2) A consumer may cancel a direct sales contract within one year from the date the direct sales contract is entered into, (

a) if the supplier was required to be licensed under

Part 10 and was not licensed at the time the direct sales contract was concluded, or (

b) if the direct sales con tract does not include all the information required under

section 35.

(3) A consumer may cancel a direct sales contract within one year from the date the direct sales contract is entered into if the supplier (

a) does not deliver the goods within 30 days from the deliver y date specified in the direct sales contract or an amended delivery date agreed on in writing by the consumer and the supplier, or (

b) does not begin the services within 30 days from the commencement date specified in the direct sales contract or

RSA 2000

Section 29

Chapter C-26.3 CONSUMER PROTECTION ACT 31 an amended commencement date agreed on in writing by the consumer and the supplier.

(4) If, after the period mentioned in subsection (3) has expired, the consumer accepts delivery of the goods or the consumer authorizes the services to begin, the consumer may not cancel the direct sales contract pursuant to subsection (3).

(5) Subject to subsection (6), a consumer may cancel a direct sales contract in which the goods purchased are a voucher if, within one year from the date that the direct sales contract is entered into or within the date specified in the voucher for exercising the rights granted by the voucher, whichever occurs first, the supplier that is to provide the goods or services under the voucher or is to provide goods or services at a discounted or reduced price under the voucher (

a) refuses to do so for a reason that is not specified in the voucher, or (

b) no longer exists. (6) Subsection (5) does not apply to a direct sales contract in which the goods purchased are a voucher if the consumer has received (

a) goods or services under the v oucher having a value that is at least the price paid for the voucher, (

b) discounts or price reductions under the voucher having a value that is at least the price paid for the voucher, or (

c) a combination of the values referred to in clauses (

a) and (

b) that is at least the price paid for the voucher. 1998 cF-1.05 s28 Method of cancellation 29(1) A direct sales contract is cancelled on the giving of a notice of cancellation in accordance with this section.

(2) A notice of cancellation may be expressed in any way as long as it indicates the intention of the consumer to cancel the direct sales contract.

(3) The notice of cancellation may be given by any means, including, but not limited to, personal service, registered mail, courier or telecopier or by any other method, including orally, by which the consumer can provide evidence of the date that the consumer cancelled the direct sales contract.

RSA 2000

Section 30

Chapter C-26.3 CONSUMER PROTECTION ACT 32

(4) Where the notice is given other than by personal service or orally, the notice of cancellation is deemed to be given when sent.

(5) The notice of cancellation may be sent or delivered to the supplier at the address set out in the direct sales contract or, if the consumer did not receive a copy of the direct sales contract or the address of the supplier was not set out in the direct sales contract, the consumer may send or deliver the cancellation notice (

a) to any address of the supplier on record with the Government of Alberta, (

b) to an address of the supplier known by the consumer, or (

c) to the salesperson of the supplier at an address known by the consumer.

(6) If the consumer is unable to find an address referred to in subsection (5), the consumer may send or deliver the notice to any office of the consumer services division of the department whose Minister is responsible for this Act or to any other place designated by the regulations. RSA 2000 cF-2 s29;2005 c9 s13 Effect of cancellation of contract 30(1) A cancellation of a direct sales contract in accordance with this Division operates (

a) to cancel the direct sales contract, or (

b) when the direct sales con tract is an offer to buy, to withdraw the offer, as if the direct sales contract never existed.

(2) A cancellation of a direct sales contract in accordance with this Division also operates to cancel (

a) any related sale, (

b) any guarantee given in respect of money payable under the direct sales contract, and (

c) any security given by the consumer or a guarantor in respe ct of money payable under the direct sales contract, as if it never existed.

(3) Where credit is extended or arranged by the supplier, the credit contract is conditional on the direct sales contract whether or not

RSA 2000

Section 31

Chapter C-26.3 CONSUMER PROTECTION ACT 33 the credit contract is a part of or attached to the direct sales contract, and if the direct sales contract is cancelled, that cancellation has the effect of cancelling the credit contract as if the direct sales contract had never existed. 1998 cF-1.05 s30 Responsibilities on cancellation 31(1) In this section, (a) “authorized person” means (

i) the supplier, (ii) the person for the time be ing entitled to possession of the goods, or (iii) a person specified in the direct sales contract as a per son to whom a notice of cancellation may be given; (b) “consumer’s premises” mea ns the place specified in the sales contract as the consumer’s address or, if the address shown does not specifically identify that place by a municipal address, land description or other description sufficient to distinguish that place from any other, the place where the consumer actually resided at the time the sales contract was made.

(2) Within 15 days after a direct sales contract is cancelled, the supplier must refund to the consumer all money paid by the consumer and return to the consumer’s premises any trade-in or an amount equal to the trade-in allowance.

(3) In the case of a direct sales contract for goods, the consumer must, on receiving the refund and return of the trade-in or an amount equal to the trade-in allowance, return the goods to the supplier.

(4) Where a direct sales contract has been cancelled but the consumer solicited the services of a supplier and requested that the service be provided within 10 days from the date that the direct sales contract was entered into, the supplier is entitled to reasonable compensation for the services performed by the supplier, but the supplier’s rights under this subsection do not arise until the supplier complies with subsection (2).

(5) When a notice of cancellation is given in accordance with

section 29, the consumer must return to an authorized person goods that came into the consumer’s possession under the direct sales contract or a related sale or pre-existing contract if an authorized person gives the consumer a written request that is signed or

RSA 2000

Section 31

Chapter C-26.3 CONSUMER PROTECTION ACT 34 purports to be signed by or on behalf of the supplier, but the obligation of the consumer under this subsection is subject to any lien or right to retain the goods that the consumer may have under

section 32 and the consumer’s right to enforce the lien.

(6) The consumer may (

a) return the goods to an authorized person or to a person designated for the purpose by an authorized person, at a place elsewhere than at the consumer’s premises, or (

b) return the goods at the consumer’s expense to the supplier or to a person specified in the direct sales contract as a person to whom a notice of cancellation may be given.

(7) A return of the goods in accordance with subsection (5) or (6) is deemed to be made with the consent of the supplier or, if the supplier is not entitled to possession of the goods, with the consent of the person so entitled, and operates to discharge the consumer from any obligation to retain the goods or deliver them to the person so entitled.

(8) The consumer is under an obligation to take reasonable care of goods delivered to the consumer under a direct sales contract or related agreement until (

a) the return of the goods in accordance with subsection (5) or (6), or (

b) the expiration of the period of 21 days after the giving o f the notice of cancellation, whichever event occurs first, and if the consumer sends the goods to the supplier or other person in accordance with subsection (6)(b), the consumer is under an obligation to take reasonable care to see that they are received by the person to whom they are sent and are not damaged in transit.

(9) Any obligation under subsection (8) is owed to the person for the time being entitled to possession of the goods and any breach of that obligation is actionable, at the suit of that person, as a breach of statutory duty.

(10) The consumer is under no obligation under this

section to return the goods elsewhere than at the consumer’s premises.

(11) Except as provided by this section, the consumer is not under any obligation, whether arising by contract or otherwise, to take care of the goods. 1998 cF-1.05 s31

RSA 2000

Section 32

Chapter C-26.3 CONSUMER PROTECTION ACT 35 Consumer’s right to retain goods 32 When a notice of cancellation is served in accordance with

section 29, the consumer is entitled to retain possession of goods delivered to the consumer under a direct sales contract, related sale or pre-existing contract (

a) until all money paid under the direct sales contract, related sale or pre-existing contract is refunded, and (

b) in the case of a trade- in arrangement, until either (

i) the goods delivered by the consumer under the trade-in arrangement are returned to the consumer in a condition substantially the same as when they were delivered by the consumer, or (ii) a sum equal to the trade-i n allowance is paid to the consumer, and the consumer, while in possession, has a lien on those goods for any money so owing to the consumer. 1998 cF-1.05 s32 Recovery of refund and trade-in allowance 33(1) If the supplier fails to refund to the consumer all money paid under the direct sales contract, any related sale and any pre-existing contract under

section 31, the consumer may recover that money from the supplier.

(2) In the case of a trade-in arrangement, unless (

a) the supplier returns the consumer’s goods to the consumer in accordance with

section 31(1), and (

b) the goods are then in a condition substantially the same a s when they were delivered by the consumer, the consumer may recover from the supplier an amount equal to the trade-in allowance for the goods.

(3) An amount recoverable under subsection (1) or (2) may be recovered as a simple contract debt.

(4) When the consumer recovers an amount equal to the trade-in allowance, then, if the title of the consumer to goods delivered by the consumer under the trade-in arrangement did not pass from the consumer, the title vests in the person entitled to the title under the trade-in arrangement. 1998 cF-1.05 s33

RSA 2000

Section 34

Chapter C-26.3 CONSUMER PROTECTION ACT 36 Proceeds of bond 34 When, pursuant to regulations under

Part 13, the proceeds of a security are used for the benefit of consumers who have not recovered money owing to them following the cancellation of direct sales contracts, any money paid to a consumer from the proceeds of the security is deemed to have been recovered from the supplier. 1998 cF-1.05 s34 Contents of sales contract 35 A written direct sales contract must include (

a) the consumer’s name and address; (

b) the supplier’s name, business address, telephone number and, where applicable, fax number; (

c) where applicable, the salesperson’s name; (

d) the date and pl ace at which the direct sales contract is entered into; (

e) a description of the goods o r services, sufficient to identify them; (

f) a statement of cancellation rights that conforms with the requirements set out in the regulations; (

g) the itemized price of the goods or services, or both; (

h) the total amount of t he direct sales contract; (

i) the terms of payment; (

j) in the case of a sales cont ract for the future delivery of goods, future provision of services or future delivery of goods together with services, the delivery date for the goods or commencement date for the services, or both; (

k) in the case of a sales cont ract for the future provision of services or the delivery of goods together with services, the completion date for providing the services or the goods together with services; (

l) where credit is extended, (

i) a statement of any security taken for payment, and (ii) the disclosure statemen t required under

Part 9;

RSA 2000

Section 36

Chapter C-26.3 CONSUMER PROTECTION ACT 37 (

m) where there is a trade-in arrangement, a description of an d the value of the trade-in; (

n) the signatures of the consumer and the supplier. RSA 2000 cF-2 s35;2005 c9 s14 Regulations 36 The Minister may make regulations (

a) specifying amounts for the purposes of

section 24(a.1)(i); (

b) respecting the form and c ontents of the statement of cancellation rights that must be included in a direct sales contract and the form of the contract; (

c) designating places where notices of cancellation may be sent or delivered for the purposes of

section 29. RSA 2000 cF-2 s36;2005 c9 s15 Division 2 Time Share Contracts Absolute cancellation right 37(1) A consumer may, without any reason, cancel a time share contract at any time from the date the contract is entered into until 10 days after the consumer receives a copy of the contract.

(2) In addition to the right of cancellation under subsection (1), a consumer may cancel a time share contract within one year from the date the contract is entered into if the time share contract does not set out (

a) the consumer’s right of ca ncellation under subsection (1), or (

b) the consumer’s right to r eceive a refund of money paid under

section 39. RSA 2000 cF-2 s37;2005 c9 s16 Method of cancellation 38 A time share contract is cancelled on the giving of a notice of cancellation in accordance with the regulations. 1998 cF-1.05 s38 Responsibilities on cancellation 39(1) Within 15 days after a time share contract is cancelled, the supplier must refund to the consumer all money paid by the consumer.

(2) Where a time share contract has been cancelled and the consumer has used the property under the time share contract, the

RSA 2000

Section 40

Chapter C-26.3 CONSUMER PROTECTION ACT 38 supplier is entitled to reasonable compensation for the use of the property, but the supplier’s rights under this

section do not arise until the supplier complies with subsection (1). 1998 cF-1.05 s39 Recovery of refund 40 If the supplier fails to refund to the consumer all money paid under the time share contract under

section 39, the consumer may recover the money from the supplier as a simple contract debt. 1998 cF-1.05 s40 Regulations 41 The Minister may make regulations (

a) respecting the form and cont ents of time share contracts; (

b) respecting the giving of a notice of cancellation of a time share contract, including specifying when notice is deemed to be received. 1998 cF-1.05 s41

Part 3.1 Life Leases

Definitions 41.1 In this Part, (a) “entrance fee” means an amo unt, other than occupancy fees, payable under a life lease to a lease operator or a trustee; (b) “lease operator” means a pe rson who, under a life lease, grants to a leaseholder the exclusive right to occupy a residential dwelling and, if applicable, the right to use areas intended for the common use of occupants of a building; (c) “leaseholder” means an ind ividual who, under a life lease, is granted the exclusive right to occupy a residential dwelling and, if applicable, the right to use areas intended for the common use of occupants of a building, or the estate of a deceased leaseholder; (d) “life lease” means a written agreement pursuant to or with respect to which (

i) an entrance fee has been paid or is payable with respect to a residential dwelling, and (ii) the leaseholder is granted the exclusive right to occupy the residential dwelling and, if applicable, the right to use areas intended for the common use of occupants of a

RSA 2000

Section 41.2

Chapter C-26.3 CONSUMER PROTECTION ACT 39 building for life or until the life lease is terminated by the lease operator or the leaseholder; (e) “occupancy fees” means an y amount the lease operator requires the leaseholder to pay on a monthly or other basis for operations, maintenance and services or to secure the upkeep and cleanliness of the residential dwelling; (f) “pre-lease payment” means a payment that may be used as a deposit to hold a residential dwelling for an individual who has not formally entered into a life lease; (g) “trustee” means a person o r entity appointed by the lease operator to receive, manage and disburse funds on behalf of the lease operator. 2024 c3 s3 Application 41.2 Subject to

section 41.4(3) and (4), this Part applies to life leases entered into on or after this

Part comes into force. 2024 c3 s3 Life lease requirements 41.3(1) Subject to

section 41.5 and the regulations, a life lease must include provisions respecting (

a) the collection and use of entrance fees, (

b) the return of entrance fees, including the timing of and conditions for a return, (

c) cancellation rights respec ting the life lease, including (

i) a minimum 10-day cancellation period for a leaseholder after the leaseholder has signed a life lease, (ii) notice requirements for cancellation, and (iii) conditions respecting cancellation, (

d) termination rights respec ting the life lease, including (

i) notice requirements for termination, and (ii) conditions respecting termination, (

e) occupancy fees, including (

i) conditions for the increase of those fees,

RSA 2000

Section 41.4

Chapter C-26.3 CONSUMER PROTECTION ACT 40 (ii) notice requirements for t he increase of those fees, and (iii) the allowable freq uency of increases, (

f) lease operat or obligations, (

g) leaseholder obligations, and (

h) any other provisions required under

section 41.5 or by the regulations.

(2) A lease operator shall use a form of life lease that complies with subsection (1),

section 41.5 and the regulations. 2024 c3 s3 Return of entrance fee 41.4(1) A lease operator shall return the leaseholder’s entrance fee within 180 days of termination of a life lease.

(2) If a lease operator does not return the leaseholder’s entrance fee or any portion of it within the time specified in subsection (1), interest at the prescribed rate will accrue on any unreturned amount.

(3) Notwithstanding any provision respecting the matters in subsections (1) and (2) in leases substantially similar to a life lease, those subsections apply with respect to substantially similar leases that are (

a) subsisting on the coming into force of this Part, and (

b) terminated after the coming into force of this Part.

(4) Nothing in this

section affects any provisions in a (

a) life lease, (

b) lease terminated before the coming into force of this Part that is substantially similar to a life lease, or (

c) lease subsisting on the coming into force of this Part tha t is substantially similar to a life lease, respecting the order in which entrance fees are to be returned. 2024 c3 s3 Standard content of agreements, forms, other documents 41.5(1) The Minister may establish standard content for agreements, forms and other documents used by lease operators,

RSA 2000

Section 41.6

Chapter C-26.3 CONSUMER PROTECTION ACT 41 including, but not limited to, life leases, cancellation forms and receipts.

(2) If the Minister establishes standard content for a document, a lease operator shall use that standard content. 2024 c3 s3 Regulations 41.6(1) The Lieutenant Governor in Council may make regulations (

a) respecting life lease requ irements, including specifying requirements in addition to any set out in

section 41.3 or under

section 41.5; (

b) respecting pre-lease pa yment disclosure and refund requirements; (

c) respecting entrance fees, including (

i) the maximum allowable fees, (ii) the percentage that is returnable, (iii) receipt requirements, and (iv) interest or other payments to be paid by a lease operator to a leaseholder with respect to unreturned entrance fees, including the rate of interest under

section 41.4(2); (

d) requiring lease operators or trustees who receive entrance fees or pre-lease payments to deposit those fees or payments into a trust account; (

e) respecting the trust acco unt referred to in clause (d), including (

i) where the trust account may be established and maintained and when the fees or payments must be deposited, (ii) the qualifications and appointment of trustees, (iii) the powers, duties and fu nctions of trustees and the disbursement of funds from the trust account, and (iv) the records to be kept res pecting the trust account, the period of time that those records are to be maintained and any audit of the trust account;

RSA 2000

Section 41.6

Chapter C-26.3 CONSUMER PROTECTION ACT 42 (

f) respecting any restrictions on the use by a lease operator of entrance fees or pre-lease payments not held in trust; (

g) requiring lease operators to provide or submit a security; (

h) respecting the provision or submission of a security referred to in clause (g), including (

i) the circumstances in which a lease operator is required to provide or submit a security, (ii) the person to whom a l ease operator must provide or submit a security, and the powers, duties and functions of that person, (iii) the person from whom a security may be obtained if issued by a third party at the request of a lease operator, (iv) the type, form, amount and terms and conditions of a security, (

v) the terms and conditions under which a security is forfeited, the persons who are entitled to the proceeds under the security and the procedures to be followed for claiming on a security, (vi) a system of resolving disputes involving claims against a security that claimants and lease operators are required to participate in and providing that decisions under the system are binding, (vii) any notification, reportin g or disclosure requirements related to the security, and (viii) the records to be kept respecting a security and the period of time for which those records are to be maintained; (

i) respecting establishment of a fund for ongoing building maintenance and requirements for a study to assess the condition of a building; (

j) respecting financial audit and disclosure requirements wit h respect to leaseholders; (

k) respecting governance requ irements, including annual meeting requirements for leaseholders and lease operators; (

l) respecting notice periods and restrictions respecting increases in fees applicable to leaseholders;

RSA 2000

Section 42

Chapter C-26.3 CONSUMER PROTECTION ACT 43 (

m) respecting insurance requirements and disclosure of insurance coverage to leaseholders; (

n) defining any term used but not defined in this Part; (

o) prescribing anything required to be prescribed under this Part or that this Part refers to as prescribed; (

p) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Part.

(2) Without limiting the generality of subsection (1)(n), the Lieutenant Governor in Council may make regulations that restrict or broaden the definition of any term defined in or under this Part, and the restricting or broadening of the definition may apply to one or more provisions of this Part and to one or more provisions of the regulations under this Part. 2024 c3 s3

Part 4 Marketing Through Electronic Media Regulations 42(1) The Minister may make regulations respecting the marketing of goods and services through forms of electronic media, such as telephone, television, fax, e-mail or the Internet, that are specified in the regulations.

(2) Without limiting subsection (1), the Minister may make regulations (

a) specifying the forms of el ectronic media and the types of marketing to which the regulation applies; (

b) regulating and prohibiting specified activities involved in marketing of goods and services through electronic media; (

c) setting out the rights and remedies of consumers who enter into consumer transactions wholly or partly through a form of electronic media. RSA 2000 cF-2 s42;2005 c9 s17

Part 5 Credit and Personal Reports

Definitions 43 In this Part,

RSA 2000

Section 44

Chapter C-26.3 CONSUMER PROTECTION ACT 44 (a) “credit information” m eans information about an individual’s name, age and place of residence and other information prescribed in the regulations; (b) “file”, when used as a noun, means all of the information pertaining to an individual that is recorded and retained by a reporting agency, regardless of the manner or form in which the information is stored; (c) “personal information” means information other than credit information about an individual’s character, reputation, health, physical or personal characteristics or mode of living or about any other matter concerning the individual; (d) “report” means a written, oral or other communication of credit or personal information of a type, or made in a manner, specified in the regulations; (e) “reporting agency” means a person who carries on the activity of furnishing reports as prescribed in the regulations.

RSA 2000 cF-2 s43;2002 cA-4.5 s34;2005 c9 s18 Furnishing reports 44(1) A reporting agency, and an officer, agent or employee of a reporting agency, may furnish a report to a person only in the following circumstances: (

a) if there are reasonable grounds to believe that the person intends to use the information in the report (

i) in connection with the extension of credit to the individual to whom the report pertains, with the individual’s express consent, (i.1) in connection with the collection of a debt from the individual to whom the report pertains, (ii) in connection with the enter ing into or the renewal of a tenancy agreement by the individual to whom the report pertains with the individual’s express consent, (iii) for employment purposes, with the express consent of the individual to whom the report pertains, (iv) in connection with the underwriting of insurance involving the individual to whom the report pertains, with the individual’s express consent, or

RSA 2000

Section 45

Chapter C-26.3 CONSUMER PROTECTION ACT 45 (

v) to determine the eligibility of an individual to whom the report pertains under a law, if the information is relevant to the eligibility requirement; (

b) if there are reasonable grounds to believe that the person has a direct business requirement for information in the report as a result of a business transaction respecting the individual to whom the report pertains with the individual’s express consent; (

c) if the report is furnished t o the Director or an inspector, the government of Canada or of a province or territory, a municipality in Canada or any of their agencies; (

d) if the person is the individual to whom the report pertain s or if the person has the express consent of the individual to obtain the report; (

e) in response to the order of a court; (

f) in circumstances specified in the regulations.

(2) No person may obtain a report from a reporting agency except in the circumstances referred to in subsection (1).

(2.1) The express consent of an individual referred to in subsection (1) must be in a verifiable form, including but not limited to writing and audio recordings.

(3) Despite subsections (1) and (2), a reporting agency may sell, lease or transfer title to all or part of its files to another reporting agency. RSA 2000 cF-2 s44;2005 c9 s19 Contents of reports 45(1) Every reporting agency must adopt all reasonable procedures to ensure accuracy and fairness in the contents of its reports.

(2) A reporting agency must meet the requirements respecting the contents of reports that are prescribed in the regulations.

(3) Repealed 2005 c9 s20. RSA 2000 cF-2 s45;2005 c9 s20 46 Repealed 2005 c9 s21.

RSA 2000

Section 47

Chapter C-26.3 CONSUMER PROTECTION ACT 46 Explanation by individual 47(1) An individual may deliver to a reporting agency an explanation or additional information, in writing as prescribed in the regulations, about the circumstances surrounding any item of information referring to the individual in the individual’s file, and the reporting agency must maintain the explanation or additional information in the file accompanying the item and include it in any report given containing the item.

(2) An individual who has delivered an explanation or additional information written by the individual to a reporting agency may have the explanation or additional information removed from the individual’s file by delivering a written request for removal to the reporting agency.

(3) A reporting agency must remove the explanation or additional information from an individual’s file within 45 days of receiving a request under subsection (2). RSA 2000 cF-2 s47;2005 c9 s22 48 Repealed 2005 c9 s23.

False information 49 No person may give false or misleading information to a reporting agency. 1998 cF-1.05 s49 Civil remedy 50(1) If an individual has suffered loss, damage or inconvenience as a result of a contravention of this Part or the regulations made under this Part, the individual has a cause of action against the person who contravened this Part or the regulations made under this Part and is entitled, if the court finds the individual has suffered loss, damage or inconvenience, to a judgment for the damages suffered.

(2) In this section, “court” includes the Court of Justice, even though a contravention may also constitute a libel or slander. RSA 2000 cF-2 s50;AR 75/2023 Regulations 51 The Minister may make regulations (

a) designating persons as reporting agencies; (

b) requiring and governing the books, accounts and records to be kept and maintained by reporting agencies;

RSA 2000

Section 51

Chapter C-26.3 CONSUMER PROTECTION ACT 47 (b.1) respecting security measur es for the protection of the books, accounts and records kept and maintained by reporting agencies and for the disposal of the books, accounts and records when they are no longer required; (

c) prescribing information that may not be reported by a reporting agency or contained in its files; (

d) respecting fees that a re porting agency may charge an individual before disclosing or supplying information to the individual; (

e) respecting consumer credit repair services, including but not limited to (

i) defining “consumer credit repair services” and other words or expressions applicable to the activity of providing consumer credit repair services, (ii) prescribing fees that may be charged for consumer credit repair services, (iii) prohibiting the requireme nt of advance payment for consumer credit repair services, (iv) prescribing requirements for consumer credit repair service agreements, (

v) determining the grounds for cancellation of provisions of consumer credit repair service agreements, and (vi) determining what constitutes prohibited representations in consumer credit repair service agreements; (

f) respecting those persons or individuals to whom a report may or must be furnished; (

g) respecting requirements for the contents of reports, including the kinds of information that reports may contain and the kinds of information they must not contain; (

h) specifying the requirements for an explanation or additional information to be provided by an individual under

section 47; (

i) respecting the procedures f or the correction of errors in an individual’s file maintained by a reporting agency, including the requirement to distribute the corrected information to persons who were given reports based on the uncorrected file;

RSA 2000

Section 52

Chapter C-26.3 CONSUMER PROTECTION ACT 48 (

j) respecting the requirements for disclosure of information to an individual; (

k) respecting alternative dispute resolution processes; (

l) defining words or terms, inc luding restricting or broadening the

definitions set out in

section 43; (

m) respecting identity theft, including but not limited to regulations respecting (

i) definitions, (ii) procedures to improve the accuracy and security of consumer records, (iii) consumer access to credit information, (iv) consumer rights and remedies, (

v) procedures to be undertaken by suppliers and credit reporting agencies, (vi) regulation and prohibition of disclosure of information, (vii) measures to assist investigations regarding identity the ft, and (viii) fees and costs associated with corrections, notifications and registration of warning notices by reporting agencies on the files of individuals. RSA 2000 cF-2 s51;2005 c9 s24

Part 6 Wage Assignments

Definitions 52 In this Part and

Part 7, (a) “lender” means a supplier who engages in the activity of lending money or extending credit or who undertakes the activity through assignment or purchase of the lender’s interest, but does not include an employer who makes an advance on wages to an employee; (b) “wages” includes any salary, pay, overtime pay and other remuneration for work or services however computed, but does not include tips or other gratuities. RSA 2000 cF-2 s52;2005 c9 s25

RSA 2000

Section 53

Chapter C-26.3 CONSUMER PROTECTION ACT 49 Assignments 53(1) Any assignment by any person of all or any part of the person’s wages to secure the payment of an existing or future indebtedness (

a) is against public policy and void if it is made in favour of a lender; (

b) is unenforceable by a lende r if it is originally made in favour of a person other than a lender and is later acquired by a lender.

(2) A lender or an officer, director, employee or agent of a lender shall not attempt to induce a person to assign wages in favour of the lender in contravention of subsection (1) or to enforce what purports to be an assignment of wages in favour of or acquired by the lender. RSA 2000 cF-2 s53;2005 c9 s26

Part 7 Fees Charged by Loan Brokers Charging and collecting fees 54(1) No loan broker may charge or collect a fee for assisting a person to obtain personal or business credit until the person has obtained access to the credit, unless the fee (

a) is paid directly to the loan broker by a credit grantor or lender for a referral of business, or (

b) is for the purpose of obtaining a lease or leasing arrangements.

(2) This

section does not apply to fees charged by (

a) a loan broker who is licensed to deal as a mortgage broker under the Real Estate Act if the loan is part of a mortgage as defined in the Real Estate Act, (

b) a federal or prov incial lender by virtue of the legislation governing the lender, or (

c) a loan broker for performing other services for a person, such as preparing or analysing business plans, budgets or financial statements, if (

i) the fee or fees for the services are charged under a separate contract from any services in connection with a loan,

RSA 2000

Section 54.1

Chapter C-26.3 CONSUMER PROTECTION ACT 50 (ii) the separate contract cont ains a disclosure statement about the fee or fees, and (iii) the separate contract is provided to the person in writing before payment of the fee is demanded. RSA 2000 cF-2 s54;2005 c9 s27;2016 c18 s6;2020 c10 s87 Regulations 54.1 The Minister may make regulations respecting the brokering of loans, including but not limited to regulations respecting (

a) the requirements for contracts for the brokering of loans; (

b) prohibited practices in the brokering of loans; (

c) the size of loans to which this Part applies. 2005 c9 s27

Part 8 Consignment Sales, Mobile Homes and Motor Fuel Consignment sales 55(1) An agreement is deemed to contain the terms set out in the regulations if (

a) the agreement is between an individual and another person in which the person agrees to sell goods of the individual on consignment, and (

b) the agreement falls within a class of agreement specified in the regulations.

(2) Every person referred to in subsection (1) who agrees to sell goods of an individual must ensure that the agreement meets the requirements of the regulations.

(3) The Minister may make regulations (

a) specifying the classes of a greements to which this

section applies; (

b) setting out the terms that are deemed to be contained in o ne or more classes of agreements to which this

section applies; (

c) respecting the requirements that agreements to which this

section applies must meet;

RSA 2000

Section 56

Chapter C-26.3 CONSUMER PROTECTION ACT 51 (

d) respecting the rights and remedies of the individual refer red to in subsection (1) if the terms of the agreement are not met; (

e) requiring the person who agrees to sell goods of an individual to deposit money that the person receives from the sale of the goods into a trust account in the situations described in the regulations; (

f) respecting the trust account referred to in clause (e), including where the trust account may be established and maintained and when the money must be deposited; (

g) respecting who is entitled to the money in the trust accou nt referred to in clause (e), the duties and responsibilities of the trustee, the disbursement of funds from the trust account and what happens if the person entitled to the money in the trust account cannot be located; (

h) respecting the records to b e kept respecting the trust account referred to in clause (e), the period of time that those records are to be maintained and the audit of the trust account. 1998 cF-1.05 s55 Mobile homes 56(1) No person may sell a new mobile home unless the mobile home is constructed in accordance with the standards contained in or referred to in the regulations.

(2) The Minister may make regulations respecting construction standards for new mobile homes. 1998 cF-1.05 s56 Motor fuel 57(1) No person may sell motor fuel that does not meet the requirements of the regulations.

(2) The Minister may make regulations (

a) defining “motor fuel” for the purposes of this section; (

b) respecting standards specifications for motor fuel or any specified class of motor fuel; (

c) respecting the information to be furnished to a purchaser on the sale of any motor fuel in respect of which a standards specification is prescribed;

RSA 2000

Section 57.1

Chapter C-26.3 CONSUMER PROTECTION ACT 52 (

d) respecting the grade, quality or specifications of motor f uel to be sold in Alberta, and the securing of samples and the methods of testing motor fuel; (

e) respecting advertising st andards for selling motor fuel. 1998 cF-1.05 s57

Part 8.1 Ticket Sales and Resales

Definitions 57.1 In this Part, (a) “primary seller” means a pe rson other than a secondary seller who is engaged in the business of making tickets available for sale and includes, as applicable, the owner of the place to which a ticket provides admission, the promoter of the event occurring at that place and any agent of those persons; (b) “secondary seller” means a person who is engaged in the business of making available for sale tickets that were originally made available for sale by a primary seller; (c) “secondary ticketing plat form” means a website, online service, electronic application, print publication or physical location that facilitates the sale of tickets by providing ticket sellers, other than primary sellers, with a method through which to make their tickets available for sale; (d) “ticket” means any card, paper, document or thing, whether in electronic form or otherwise, that, on presentation, entitles the holder to admission to a place for a recreational, sporting or cultural event or other prescribed event, located in Alberta; (e) “ticket business” means a primary seller, a secondary seller or an operator of a secondary ticketing platform; (f) “ticket purchaser” means a person who participates as a purchaser in a transaction involving the sale of a ticket. 2017 c18 s1(10) Ticket refund by secondary seller, operator of secondary ticketing platform 57.2 A secondary seller or an operator of a secondary ticketing platform shall provide a full refund to a ticket purchaser in any of the following circumstances:

RSA 2000

Section 57.3

Chapter C-26.3 CONSUMER PROTECTION ACT 53 (

a) the event to which the ticket provides admission is cancel led before the ticket can be used; (

b) the ticket does not grant the ticket purchaser admission t o the event for which it was issued; (

c) the ticket is counterfeit; (

d) the ticket does not match its description as advertised or as represented to the ticket purchaser; (

e) the ticket has been cancelled by the primary seller under

section 57.3(4) because the ticket was purchased through the use of software described in

section 57.3(1). 2017 c18 s1(10) Use of certain software 57.3(1) A person shall not use software, including automated ticket purchasing software, intended to circumvent any of the following on a website, online service or electronic application of a ticket business: (

a) a security measure; (

b) an access-control system; (

c) a control or measure that i s used to ensure an equitable ticket-buying process; (

d) a control or measure that is used to limit the number of tickets a person may purchase; (

e) a prescribed contro l, measure or system. (2) Subsection (1) does not apply to the use of software that is intended (

a) to investigate a contravention of this or any other Act or law, (

b) to engage in research to id entify and analyze flaws and vulnerabilities of measures, systems or controls referred to in subsection (1) for the purpose of advancing the state of knowledge in the field of computer system security or assisting in the development of a computer security product, or (

c) for a prescribed research or educational purpose.

RSA 2000

Section 57.4

Chapter C-26.3 CONSUMER PROTECTION ACT 54

(3) No person shall knowingly make a ticket available for sale or facilitate the sale of a ticket if the ticket was obtained through the use of software described in subsection (1).

(4) A primary seller shall (

a) exercise reasonable diligen ce to detect the purchase of a ticket through the use of software described in subsection (1), and (

b) cancel any ticket the primary seller reasonably believes was purchased from the primary seller through the use of software described in subsection (1). 2017 c18 s1(10);2018 c11 s1 Court action re prohibited use of software 57.4(1) A ticket purchaser or ticket business that suffers damage or loss as a result of a person’s contravention of

section 57.3(1) or (3) may commence an action in the Court of King’s Bench against that person for relief from the damage or loss.

(2) In an action under this section, the Court may (

a) order restitution of any mon ey or other consideration given or furnished by the plaintiff, (

b) award the plaintiff damages in the amount of any loss suffered because of the contravention, including exemplary or punitive damages, (

c) grant an injunction restraining the defendant from continuing to contravene the provision, (

d) make an order of specifi c performance against the defendant, or (

e) make any other order the Court considers appropriate.

(3) An order under subsection (2)(

b) for exemplary or punitive damages may not be made if the defendant took reasonable precautions and exercised due diligence to avoid contravening the provision. 2017 c18 s1(10);AR 217/2022 Court of Justice 57.5 Subject to the jurisdiction of the Court of Justice, an action under

section 57.4 may be commenced under

Part 4 of the Court of Justice Act. 2017 c18 s1(10);AR 75/2023

RSA 2000

Section 57.6

Chapter C-26.3 CONSUMER PROTECTION ACT 55 Regulations 57.6 The Minister may make regulations respecting ticket sales or resales, including, without limitation, regulations (

a) respecting damages for the purposes of

section 57.4(2); (

b) respecting the exemption of a secondary seller or an operator of a secondary ticketing platform or a class of secondary sellers or a class of operators of secondary ticketing platforms from the application of all or part of

section 57.2; (

c) respecting the exemption of a primary seller or a class of primary sellers from the application of all or part of

section 57.3(4); (

d) providing for anything that by this

Part is to be prescrib ed by the regulations. 2017 c18 s1(10)

Part 9 Cost of Credit Disclosure Division 1

Interpretation and Application

Definitions 58 In this Part, (a) “advance” means value receive d by the borrower within the meaning of

section 59(3); (b) “APR” means the annual per centage rate determined in accordance with the regulations; (c) “borrower” means the part y to a credit agreement or prospective credit agreement who receives or will receive credit from the other party, but does not include a guarantor; (d) “brokerage fee” means an a mount that a borrower pays or agrees to pay to a loan broker in consideration of the loan broker’s services in arranging or attempting to arrange a credit agreement, and includes an amount deducted from an advance and paid to the loan broker by the credit grantor; (e) “business day” means a day on which the credit grantor is open for business;

RSA 2000

Section 58

Chapter C-26.3 CONSUMER PROTECTION ACT 56 (f) “capitalized amount” means, s ubject to the regulations, the cash value of the leased goods plus the amount of any other advances made to the lessee at or before the beginning of the term, minus the total amount of all payments made by the lessee at or before the beginning of the term; (g) “cash customer” means a pe rson who buys a product and pays for it in full before or at the time of receiving the product; (h) “cash price” of a product means, (

i) for a sale by a credit gran tor or an associate of the credit grantor who sells the product to cash customers in the ordinary course of business, an amount that fairly represents the price for which the credit grantor or associate sells the product to cash customers, unless the parties agree on a lower price, (ii) for a sale where subclaus e (

i) does not apply, the price agreed on by the parties, and (iii) for an advertisement, the price for which the advertiser currently offers to sell the product to cash customers or, if the advertiser does not currently offer the product to cash customers, the price stated in the advertisement, and, for the purpose of determining the amount advanced under a credit agreement, includes taxes and any other charges payable by a cash customer; (i) “cash value” of leased goods means, (

i) where the lessor offers like goods to cash customers in the ordinary course of business, an amount that fairly represents the price for which the credit grantor sells such goods to cash customers, unless the parties agree on a lower cash value, and (ii) where the lessor does not in the ordinary course of business offer like goods to cash customers, the lessor’s reasonable estimate of the amount that cash customers would pay to buy such goods, unless the parties agree on a lower cash value; (j) “Court” means the Court of King’s Bench or, subject to the jurisdiction of the Court of Justice, the Court of Justice; (

k) repealed 2005 c9 s28;

RSA 2000

Section 58

Chapter C-26.3 CONSUMER PROTECTION ACT 57 (l) “credit card” means a card or device that can be used to obtain advances under a credit agreement for open credit; (m) “credit grantor” means (

i) the party to a credit ag reement or prospective credit agreement who extends or will extend credit to the other party, or (ii) an assignee of the rights of the original credit grantor, if the borrower has been given notice of the assignment, and includes a c redit card issuer; (n) “credit sale” means a trans action under which the purchase of a product is financed by the seller or manufacturer of the product or by an associate of the seller or manufacturer; (o) “default charge” means a charge imposed on a borrower who fails to make a payment as it comes due under a credit agreement or who fails to comply with any other obligation under a credit agreement, but does not include interest on an overdue payment; (p) “fixed credit” means credit under a credit agreement that is not for open credit; (q) “floating rate” means an int erest rate that bears a specified mathematical relationship to an index rate, and includes an interest rate that (

i) is subject to a minimum or maximum, or (ii) is determined at the beginn ing of a period for the whole period, regardless of changes in the index rate during the period; (r) “grace period” means a peri od in which interest accrues but will be forgiven if the borrower satisfies conditions specified in the credit agreement; (s) “index rate” mean s a rate that meets criteria prescribed by the regulations; (t) “initial disclosure statement ” means a disclosure statement referred to in

section 77, 84 or 93; (u) “interest” means charges that accrue over time and are determined by applying a rate to an amount owing from time to time under a credit agreement;

RSA 2000

Section 58

Chapter C-26.3 CONSUMER PROTECTION ACT 58 (v) “interest-free period” means a period following the making of an advance during which interest does not accrue on the advance; (w) “lease” means any agreement for the hire of goods, except an agreement for the hire of goods in connection with a residential tenancy agreement; (x) “lessee” means a party to a lease or prospective lease; (y) “non-interest finance cha rge” means any charge that a borrower is required to pay in connection with a credit agreement other than (

i) interest, (ii) a prepayment or default charge, (iii) a charge for an optional service, (iv) a charge referred to in

section 59(3)(

f) or (

g) or anythi ng designated under

section 59(3)(h), or (

v) for a credit sale, any charg e that would also be payable by a cash customer; (z) “open credit” means credit under a credit agreement that (

i) anticipates multiple advances, to be made when requested by the borrower in accordance with the agreement, and (ii) does not establish the total amount to be advanced to the borrower under the agreement, although it may impose a credit limit; (aa) “optional service” means a service that is offered to a borrower in connection with a credit agreement and that the borrower does not have to accept in order to enter into the credit agreement; (bb) “outstanding balance” mean s the total amount owing at a particular time under a credit agreement; (cc) “payment” means value given by a borrower within the meaning of

section 59(5); (dd) “product” means goods, ser vices or goods and services, but does not include the extension of credit;

RSA 2000

Section 59

Chapter C-26.3 CONSUMER PROTECTION ACT 59 (ee) “scheduled-payments credit agreement” means a credit agreement for fixed credit under which the amount advanced is to be repaid in accordance with a specified

schedule of payments, which may be subject to adjustment to accommodate contingencies, including, but not limited to, the possibility of changes in the interest rate; (ff) “security interest” means any interest in property that secures the borrower’s obligations under a credit agreement; (gg) “term”, in relation to the duration of a credit agreement , means the period between the first advance and the last payment anticipated by the agreement; (hh) “total cost of credit” has the meaning set out in

section 59(2). RSA 2000 cF-2 s58;2005 c9 s28;AR 217/2022;AR 75/2023 Determination of cost of credit 59(1) In subsections (3), (4) and (5), except subsection (3)(b), (

e) and (g), “borrower”, “credit grantor” and “credit agreement” include a lessee, lessor and lease, respectively.

(2) The total cost of credit is the difference between the value received or to be received by the borrower in connection with a credit agreement and the value given or to be given by the borrower in connection with the credit agreement, disregarding the possibility of prepayment or default.

(3) Subject to subsection (4), the following constitute value received or to be received by a borrower in connection with a credit agreement: (

a) money transferred by the cr edit grantor to the borrower or to the order of the borrower; (

b) the cash price of a product purchased by the borrower from the credit grantor; (

c) the cash value of leas ed goods under a lease; (

d) the payment, discharge or consolidation by the credit grantor of a pre-existing monetary obligation of the borrower, the value received by the borrower being the amount of the obligation so paid, discharged or consolidated; (

e) the use of a credit card to obtain money or a product, the value received by the borrower being the money obtained or the cash price of the product;

RSA 2000

Section 59

Chapter C-26.3 CONSUMER PROTECTION ACT 60 (

f) a charge for any of the fo llowing expenses, if the credit grantor incurs the expense for the purpose of arranging, documenting, insuring or securing a credit agreement and then charges the expense to the borrower: (

i) a fee paid to a third party to record or register a document or information in, or to obtain a document or information from, a public registry of interests in real or personal property; (ii) a fee for professional serv ices required for the purpose of confirming the value, condition, location or conformity to law of property that serves as security for a credit agreement, if the borrower is given a report signed by the person providing the professional services and is free to give the report to third persons; (iii) a premium for insurance t hat protects the credit grantor against the risk of default on a high-ratio mortgage, as defined by regulation; (iv) a premium for casualty ins urance on the subject-matter of a security interest, if the borrower is a beneficiary of the insurance and the insured amount is the full insurable value of the subject-matter; (

g) a fee charged by the credit grantor for maintenance of a t ax account on a high-ratio mortgage, as defined by regulation; (

h) anything designated by the r egulations as value received by the borrower for the purposes of this subsection.

(4) The following do not constitute value received or to be received by the borrower unless they relate to an optional service, an expense or fee referred to in subsection (3)(

f) or (

g) or something designated under subsection (3)(h): (

a) insurance provided or paid for by the credit grantor in connection with a credit agreement; (

b) money paid, an expense incurred or anything done by the credit grantor for the purpose of arranging, documenting, securing, administering or renewing a credit agreement.

(5) The following constitute value given or to be given by a borrower in connection with a credit agreement: (

a) money or property transferred from the borrower to the credit grantor for any purpose in connection with the credit agreement;

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b) money or property transferred from the borrower to a perso n other than the credit grantor in respect of a charge for services that the credit grantor requires the borrower to obtain or pay for in connection with the credit agreement, unless the charge (

i) is for an expense to which subsection (3)(

f) or regulations under subsection (3)(

h) would have applied if it had been incurred initially by the credit grantor and then charged by the credit grantor to the borrower, (ii) is for services provided by a lawyer chosen by the borrower, or (iii) is for title insurance provided by an insurer chosen by the borrower.

(6) Despite subsections (3) and (5), amounts paid into or out of a tax account for a mortgage loan are ignored when calculating the APR and total cost of credit. 1998 cF-1.05 s59 Application 60(1) In this section, “borrower”, “credit grantor” and “credit agreement” include a lessee, lessor and lease, respectively.

(2) This Part applies to a loan or lease made by ATB Financial and to a loan made by the Alberta Social Housing Corporation or its predecessors.

(3) Subject to subsections (4) and (5) and the regulations, this Part applies to a credit agreement if (

a) the borrower is an individual who enters into the credit agreement primarily for personal, family, household or farming purposes, and (

b) either, (

i) the credit grantor enters i nto the agreement in the course of carrying on a business, or (ii) the credit agreement is arranged by a loan broker.

(4) For the purposes of subsection (3)(a), a credit grantor is entitled to rely on a statement in a credit agreement or other document regarding the purpose for which a borrower enters into a credit agreement, if the statement is signed by the borrower and the credit grantor believes in good faith that the statement is true.

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(5) This Part does not apply to a credit sale where all of the following occur: (

a) the credit sale anticipates payment in full for the produc t in a single payment within a certain period after a written invoice or statement of account is delivered to the buyer, (

b) the credit sale is unconditionally interest-free during th e period for payment referred to in clause (a), (

c) the credit sale is unsecured, apart from any lien on the product that may arise by operation of law, (

d) the credit sale is not assigned in the ordinary course of the credit grantor’s business otherwise than as security, and (

e) the credit sale does not provide for any non-interest fina nce charges. RSA 2000 cF-2 s60;2017 c22 s18 Division 2 Disclosure Definition 61 In sections 62 to 67, “borrower”, “credit grantor” and “credit agreement” include a lessee, lessor and lease, respectively. 1998 cF-1.05 s61 Requirement to disclose 62(1) Every credit grantor must, in the form and manner provided by this Part and the regulations, disclose to borrowers the information that this Part and the regulations require to be disclosed.

(2) Every credit grantor must, with respect to any advertisement published or made by or on behalf of the credit grantor, disclose in the advertisement, in the form and manner provided by this Part and the regulations, the information that this Part and the regulations require to be disclosed. 1998 cF-1.05 s62 Form of disclosure statements 63(1) Where this Part or the regulations require a disclosure to be made in a disclosure statement, the disclosure statement (

a) must be in writing and prepared in duplicate or, with the borrower’s consent, in any similar form that will allow the borrower to retain a copy of the disclosure statement for future reference, and

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b) must express the required information clearly, concisely, in a logical order and in a manner that is likely to bring the information to the borrower’s attention.

(2) A disclosure statement may be a separate document or part of another document. RSA 2000 cF-2 s63;2005 c9 s29 Time at which disclosure statement to be delivered 64(1) The credit grantor must deliver the initial disclosure statement for a credit agreement other than a mortgage loan to the borrower before the earlier of the following occurs: (

a) the borrower enters into the credit agreement; (

b) the borrower makes any payment in connection with the credit agreement.

(2) The credit grantor must deliver the initial disclosure statement for a mortgage loan to the borrower at least 2 business days before the earlier of the following occurs: (

a) the borrower incurs any obligation to the credit grantor i n connection with the mortgage loan, other than an obligation in respect of a charge referred to in

section 59(3)(

f) or prescribed by regulation for the purposes of this clause; (

b) the borrower makes any payment to the credit grantor in connection with the mortgage loan, other than a payment in respect of a charge referred to in

section 59(3)(

f) or prescribed by regulation for the purposes of this clause.

(3) When authorized by the regulations, the time period referred to in subsection (2) may be waived in accordance with terms and conditions set out in the regulations. 1998 cF-1.05 s64 Delivery of disclosure statements 65(1) Where there is more than one borrower under a credit agreement, a disclosure statement or other document that is required to be delivered to the borrowers may be delivered to any of the borrowers, and it is unnecessary to deliver a separate copy to each borrower.

(2) A document sent by ordinary mail to a borrower at the mailing address provided by the borrower to the credit grantor is considered, in the absence of evidence to the contrary, to have been delivered to the borrower 7 days after it was sent. 1998 cF-1.05 s65

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Chapter C-26.3 CONSUMER PROTECTION ACT 64 Fees, Charges and Optional Services Required insurance 66(1) A borrower who is required by a credit grantor to purchase any insurance may purchase it from any insurer who may lawfully provide that type of insurance, except that the credit grantor may reserve the right to disapprove, on reasonable grounds, an insurer selected by the borrower.

(2) A credit grantor who offers to provide or to arrange insurance referred to in subsection (1) must at the same time clearly disclose to the borrower in writing that the borrower may purchase the required insurance through an insurance agent and from an insurer of the borrower’s choice. RSA 2000 cF-2 s66;RSA 2000 cI-3 s855 Cancellation of optional services 67(1) A borrower may cancel an optional service of a continuing nature that is provided by the credit grantor or an associate of the credit grantor on giving 30 days’ notice, or any shorter period of notice that is provided for by the agreement under which the service is provided.

(2) A borrower who cancels an optional service in accordance with subsection (1) (

a) is not liable, and (

b) is entitled to a refund of any amount already paid, for charges relating to any portion of the service that has not been provided at the time of cancellation. 1998 cF-1.05 s67 Prepayment of non-mortgage credit 68(1) This

section does not apply to mortgage loans.

(2) A borrower is entitled to pay the full outstanding balance under a credit agreement at any time without any prepayment charge or penalty.

(3) Where a borrower prepays the full outstanding balance under a credit agreement for fixed credit, the credit grantor must refund or credit the borrower with a portion of any non-interest finance charge that was paid by the borrower or was added to the outstanding balance of the credit agreement.

(4) The portion of each non-interest finance charge that must be refunded or credited to the borrower under subsection (3) is to be determined in accordance with the regulations.

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(5) A borrower is entitled to prepay a portion of the outstanding balance of a credit agreement for fixed credit on any scheduled payment date or at least monthly without any prepayment charge or penalty, but is not entitled by reason of the payment to a credit for any non-interest finance charges. 1998 cF-1.05 s68 Default charges 69 The only default charges that may be provided for by a credit agreement are (

a) reasonable charges in respect of legal costs incurred in collecting or attempting to collect a payment under a credit agreement, (

b) reasonable charges in respect of costs, including legal co sts, incurred in realizing a security interest or protecting the subject-matter of a security interest after default, and (

c) reasonable charges that refl ect the costs incurred by the credit grantor because a cheque or other payment instrument given by the borrower to the credit grantor was dishonoured. 1998 cF-1.05 s69;1999 c26 s8 Invitation to defer payment 70(1) Where a credit grantor invites a borrower to defer making a payment that would otherwise be due under a credit agreement, the invitation must clearly disclose whether interest will accrue on the amount of the deferred payment during the period during which payment is deferred.

(2) Where an invitation referred to in subsection (1) does not disclose whether interest will accrue on the amount of the deferred payment during the period during which payment is deferred, the credit grantor is deemed to waive the interest that would otherwise accrue during that period. RSA 2000 cF-2 s70;2005 c9 s30 Acceleration clauses 71(1) Despite anything in a credit agreement, where the credit agreement contains a provision to the effect that on default by the borrower or on the occurrence of any other event, and whether or not at the option of the credit grantor, the whole or part of the outstanding balance becomes immediately payable or is otherwise accelerated, (

a) the whole or part of the outstanding balance does not become payable or otherwise accelerated, and

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b) any rate of interest made specially applicable to the outstanding balance does not become effective, until written notice of the default or other event is sent by registered mail to the borrower at the borrower’s latest address as shown on the records of the credit grantor or is served personally on the borrower.

(2) Despite subsection (1), where the credit grantor sends a notice by registered mail to the borrower at the borrower’s latest address as shown on the records of the credit grantor, (

a) the whole or part of the outstanding balance does not become payable or otherwise accelerated, and (

b) any rate of interest made specially applicable to the outstanding balance does not become effective, until 10 days has elapsed from the date that the notice was sent to the borrower. 1998 cF-1.05 s71 Credit Arranged by Loan Brokers Non-business credit grantors 72(1) This

section applies where a loan broker arranges a credit agreement involving a credit grantor who does not enter into the credit agreement in the course of carrying on a business.

(2) Any provision of this Part or the regulations that imposes a duty on a credit grantor is to be read as imposing the duty on the loan broker, rather than on the credit grantor.

(3) Where the borrower pays or is liable to pay a brokerage fee, the initial disclosure statement for the credit agreement must (

a) disclose the amount o f the brokerage fee, and (

b) account for the brokerage f ee in the APR and the total cost of credit. 1998 cF-1.05 s72 Business credit grantors 73(1) This

section applies where a loan broker arranges a credit agreement involving a credit grantor who enters into the credit agreement in the course of carrying on a business.

(2) Where the credit grantor deducts a brokerage fee from an advance, the credit grantor’s initial disclosure statement must

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a) disclose the amount o f the brokerage fee, and (

b) account for the brokerage f ee in the APR and the total cost of credit.

(3) A loan broker who takes a loan application from a borrower and forwards it to a credit grantor must give the borrower a disclosure statement containing the information referred to in subsection (2) and any other information required by this Part and the regulations to be disclosed in an initial disclosure statement.

(4) Where a loan broker is required by subsection (3) to give the borrower a disclosure statement, the credit grantor may adopt the disclosure statement given by the loan broker as its own disclosure statement or may elect to deliver a separate disclosure statement to the borrower that contains the required information. 1998 cF-1.05 s73 Division 3 Fixed Credit General Application 74 This Division applies only to credit agreements that extend fixed credit. 1998 cF-1.05 s74 Credit sales 75 A credit grantor may not enter into a credit sale unless the credit sale is a scheduled-payments credit agreement. 1998 cF-1.05 s75 Advertising for fixed credit 76(1) Every advertisement that offers credit and that states the interest rate or amount of any payment must disclose the information provided by the regulations.

(2) An advertisement that states or implies that no interest is payable for a certain period in respect of a transaction must, in the form and manner referred to in the regulations, disclose the information prescribed by the regulations.

(3) An advertisement to which subsection (2) applies that does not, in the form and manner referred to in the regulations, disclose the information required under subsection (2) is deemed to represent that the transaction is unconditionally interest-free during the relevant period. 1998 cF-1.05 s76

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Chapter C-26.3 CONSUMER PROTECTION ACT 68 Disclosure Statements Initial disclosure statement for fixed credit 77 The initial disclosure statement for a credit agreement must disclose the information prescribed by the regulations. 1998 cF-1.05 s77 Changes in interest rate 78(1) Where the interest rate under a credit agreement is a floating rate, the cred