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c) Queen's Printer,

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2004 Legislative Session: 5th Session, 37th Parliament

FOR REPORT

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as amended in Committee of the Whole on the

22nd day of March, 2004

Ian D. Izard, Law Clerk

HONOURABLE RICH COLEMAN

MINISTER OF PUBLIC SAFETY

AND SOLICITOR GENERAL

BILL 2 – 2004

BUSINESS PRACTICES AND CONSUMER PROTECTION ACT

Contents

Section

Part 1 –

Definitions and Application

Definitions

Application of this Act

Waiver or release void except as permitted

Part 2 – Unfair Practices

Division 1 – Deceptive Acts or Practices

Deceptive acts or practices

Prohibition and burden of proof

Advertising

Division 2 – Unconscionable Acts or Practices

Application of this Division

Unconscionable acts or practices

Prohibition and burden of proof

Remedy for an unconscionable act or practice

Division 3 – Unsolicited Goods or Services

Definition and

interpretation

Unsolicited goods or services

Material change resulting in unsolicited goods or services

Consumer's remedy if unsolicited goods or services

Part 3 – Rights of Assignees and Guarantors Respecting Consumer Credit

Assignee's obligations

Guarantor has same rights as consumer

Part 4 – Consumer Contracts

Division 1 –

Definitions and Application

Definitions

Application

Division 2 – Direct Sales, Future Performance and Time Share Contracts

Required contents

Direct sales contracts

Direct sales contracts – cancellation

Credit agreement respecting direct sales contract

Future performance contract

Continuing services contract – terms

Continuing services contract – cancellation

Time share contract

Refunds by supplier on cancellation

Return of goods by consumer on cancellation

Division 3 – Preneed Cemetery or Funeral Services, Funeral and Interment Right Contracts

Definition

Prohibition on solicitation

Requirement for

schedule of rates

Requirement to give accurate information

Prohibited charges respecting containers

Funeral contract

Preneed cemetery or funeral services contract – initial disclosure statement

Preneed cemetery or funeral services contract

Special provisions for right of interment

Preneed cemetery or funeral services contracts – refunds on cancellation

Preneed cemetery or funeral services contract – failure to provide services

Money received under contract to be held in trust

Funds exempt from seizure

Restrictions on representations respecting right of interment

Interment right contract

Rights not held by interment right holder

Refunds by supplier on cancellation

Division 4 – Distance Sales Contracts

Disclosure of information

Distance sales contract in electronic form

Copy of distance sales contract

Cancellation of distance sales contract

Refunds by supplier on cancellation

Return of goods by consumer on cancellation

Consumer's recourse regarding credit card charges

Division 5 – General

When goods and services supplied

How to give notice of cancellation

Recovery of refund

Cancellation of preauthorized payments

Part 5 – Disclosure of the Cost of Consumer Credit

Division 1 –

Definitions and Application

Definitions

Application of this Part

Division 2 – Advertising

Disclosure in advertisements

Advertising requirements applicable to fixed credit

Advertising requirements applicable to open credit

Advertising interest-free periods

Advertising requirements applicable to leases

Advertising a representative transaction

Division 3 – Disclosure Requirements Applicable to All Credit Agreements

Definitions

Disclosure statements must be given

Form of disclosure statements and statements of account

Giving of documents if multiple borrowers

Estimates and assumptions

Inconsistency between disclosure statement and credit agreement

Division 4 – Rights and Obligations of Borrowers and Credit Grantors

Borrowers may choose insurer

Borrowers entitled to mortgage discharge

Borrowers may cancel optional services

Prepayment of credit

Default charges

Invitation to defer payment

Acceleration clauses

Division 5 – Credit Arranged by Loan Brokers

Definition

Non-business credit grantors

Business credit grantors

Division 6 – Disclosure Required in Relation to Fixed Credit

Definition

Application of this Division

Credit sales

Initial disclosure statements for fixed credit

Disclosure regarding changes in interest rate

Disclosure regarding increases in outstanding principal

Disclosure regarding amendments

Disclosure regarding renewals

Disclosure regarding mortgage loan renewals

Division 7 – Disclosure Required in Relation to Open Credit

Application of this Division

Initial disclosure statements for open credit

Statements of account

Description of transactions, charges, payments or credits

Division 8 – Credit Cards

Definitions

Application of this Division

Credit cards may be issued only on application

Applications for credit cards

Additional disclosure for credit cards

Limitation of cardholder's liability

Division 9 – Leases of Goods

Definitions

Disclosure required in relation to leases

Maximum liability under residual obligation leases

Division 10 – General

Definitions

Refund of overpayment

Credit grantor must compensate borrower for contravention

Part 6 – Credit Reporting

Definitions

Consent for report

To whom reports may be given

Contents of reports

Notice of denial of benefit or increase of cost of benefit

Explanation

False or misleading information

Part 7 – Debt Collection

Division 1 – Prohibited Debt Collection Practices

Definition

Harassment

Disclosure to debtor

Communication with debtor

Communication with persons other than debtor

Time of communication

Cost of communication

Collection from person not liable for debt or in excess of amount of debt

Legal proceedings

Removal, seizure, repossession and distress

False or misleading information and misrepresentations

Additional prohibited practices

Division 2 – Collection Agents and Debt Poolers

Definitions

Accounting for and payment of money collected

Debt pooling

Collection agent and bailiff fees and disbursements

Part 8 – Compensation Funds and Consumer Advancement Fund

Division 1 – Compensation Funds

Definition

Establishment and continuation of compensation funds

Payments to compensation fund

Claims against compensation fund

Payments from compensation fund

Assignment of rights

Claimant must repay compensation fund for money received from another source

Contributor must repay compensation fund for claims caused by contributor

Power and duties of director

If administrative authority is director

Division 2 – Consumer Advancement Fund

Establishment of Consumer Advancement Fund

Payments from Consumer Advancement Fund

If administrative authority is director

Part 9 – Licences

Definitions

Licence required

Application for licence

Licences

Actions by director respecting licence

Opportunity to be heard and reconsideration

Trust account required by licensee

Part 10 – Inspections and Enforcement

Division 1 – Inspections

Inspections

Inspection powers

Inspection powers – additional powers of director

Inspection under warrant

Records or things retained

Division 2 – Undertakings, Compliance Orders and Direct Sales Prohibition Orders

Undertakings

Compliance orders

Direct sales prohibition orders

Filing undertakings or orders in Supreme Court

Division 3 – Appointment of Receivers and Property Freezing Orders

Receivers and trustees

Order to freeze property

Payment into court

Notice filed in land title office

Application to court respecting property freezing order or filed notice

Application to court for disposition of property frozen

Division 4 – Administrative Penalties

Administrative penalties

Amount of penalty

Notice of penalty

Due date of penalty

Enforcement of administrative penalty

Revenue from administrative penalties

Limitation period

Division 5 – Court Proceedings

Damages recoverable

Court actions respecting consumer transactions

Notice to director

Part 11 – Administration

Definition

Director

Inspector

Administrative agreement with administrative authority required

Designation does not make administrative authority an agent of the government

Power of administrative authority to set fees

Part 12 – General

Division 1 – Reconsiderations

Definition

Reconsideration by director

Powers of director on reconsideration

Division 2 – How to Give or Serve Documents

How to give or serve documents generally

When documents are considered to have been received

Division 3 – Disclosure of Information and Evidence in Proceedings

Confidentiality

Publication by director

Admissibility of parole evidence

Certificate as proof of ministerial consent or appointment

Part 13 – Offences and Penalties

Offences

Penalty

Additional penalty – Consumer Advancement Fund

Compensation to consumer

Limitation period

Part 14 – Regulations

General power to make regulations

Preneed cemetery or funeral services, funeral and interment right contracts

Disclosure of the cost of consumer credit

Credit reporting

Compensation funds

Licences

Administrative penalties

Authority in relation to regulations

Part 15 – Transitional Provisions, Repeals and Consequential Amendments

Definitions

Transitional – contracts

Transitional – exemption from

section 40 for Gardens of Gethsemani

Transitional – trust accounts

Transitional – claims under the Travel Assurance Fund

Transitional for

Part 5 – Disclosure of the cost of consumer credit

Transitional – licences issued under the former Acts

Transitional – enforcement

Transitional – persons acting under former Acts

Transitional – regulations

Repeals

213-237

Consequential Amendments

Commencement

Copyright (c) 2004: Queen's Printer, Victoria, British Columbia, Canada