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2001 Legislative Session: 2nd Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE RICH COLEMAN

MINISTER OF PUBLIC SAFETY

AND SOLICITOR GENERAL

BILL 19 – 2001

CONSUMER PROTECTION STATUTES

AMENDMENT ACT, 2001

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Consumer Protection Act

Section 1 of the Consumer Protection Act, R.S.B.C. 1996, c. 69, is amended by repealing the definition of

"registrar" .

Section 11 (2) (

a) is repealed and the following substituted:

(

a) at the time the contract was made, the direct seller or the salesperson, if applicable, was under order by the director under

section 21.6 (2) to stop conducting the business of direct sales; .

Section 15 is amended by striking out "registrar" wherever it appears and substituting

"director" .

4 The following

section is added to

Part 1:

Powers of director to order direct seller to stop direct sales

21.6

(1) In this section, "associate" means a salesperson or a person, including an officer and a director, who performs services related to the management of the business of a direct seller.

(2) The director may order a direct seller to stop conducting the business of direct sales, for a period of time specified in the order or until the director rescinds the order, if there are reasonable grounds to believe that

(

a) the past conduct of the direct seller or an associate of the direct seller is such that it is contrary to the public interest for the person to carry on the business of a direct seller, or

(

b) the direct seller or an associate of the direct seller has contravened this Act or the regulations.

(3) The director must not make an order under subsection (2) without first giving the direct seller an opportunity to be heard.

(4) If the director makes an order under subsection (2), the direct seller may appeal the decision to the Commercial Appeals Commission under the Commercial Appeals Commission Act.

(5) Despite

section 12 of the Commercial Appeals Commission Act, a decision of the director under this

section is not stayed pending an appeal to the commission.

Part 2 is repealed.

Section 74 (1) is amended by striking out "the

registrar," .

Section 75 (1) (

a) is amended by striking out "24, 29, 31 (2), 33, 34, 35, 36,

37," .

Section 77 is amended

(

a) by repealing subsection (1) (h.1), and

(

b) by repealing subsection (2) (

b) to (e), (g), (

j) and (k).

Credit Reporting Act

Section 1 of the Credit Reporting Act, R.S.B.C. 1996, c. 81, is amended by repealing the definition of

"registrar" and by adding the following definition:

"director" means the member of the public service appointed as the director by the Lieutenant Governor in Council, and includes a person authorized in writing by the director to perform the director's duties under this Act; .

10 Sections 2 to 7 are repealed and the following substituted:

Persons who are unsuitable to act as reporting agencies

(1) On receipt of a complaint or on the director's own initiative the director may consider whether a person is unsuitable to act as a reporting agency and if the person is unsuitable, the director may order the person to stop acting as a reporting agency for a period of time specified in the order or until the director rescinds the order.

(2) The director may decide that a person is unsuitable to act as a reporting agency if any of the following apply to the person:

(

a) the person has been convicted of an offence that, in the opinion of the director, involves a dishonest or fraudulent act, or an intent to commit a dishonest or fraudulent act;

(

b) the person's past conduct affords reasonable grounds to believe that the person may not carry on business in accordance with the law, or with integrity and honesty;

(

c) the person is a corporation and the past conduct of any of its officers or directors affords reasonable grounds to believe that its business may not be carried on in accordance with the law or with integrity and honesty;

(

d) the person would be unable to comply with

section 14 or other provisions of this Act or the regulations;

(

e) the person has committed an offence under this Act.

(3) Before the director considers whether a person is unsuitable to act as a reporting agency, the director must give the person an opportunity to be heard.

(4) Despite subsection (3), the director may make an order under subsection (1) without giving a person an opportunity to be heard if the length of time required to give that opportunity would, in the director's opinion, be prejudicial to the public interest.

(5) If the director makes an order referred to in subsection (4), the director must promptly notify the person of the order and that a hearing and review will be held before the director on a date that is within 21 days from the date of the order.

Section 8 is amended by striking out "registrar" and substituting

"director" .

Section 9 is repealed.

Section 10 (4) is repealed.

Section 11 (1) is amended

(

a) in paragraphs (

a) and (

b) by striking out "registrar" and substituting

"director" , and

(

b) in paragraph (

b) by striking out "registrar's" and substituting

"director's" .

Section 17 is amended

(

a) in subsections (1) and (2) by striking out "registrar" and substituting

"director" , and

(

b) in subsection (1) by striking out "registrar's" and substituting

"director's" .

Section 18 is amended

(

a) in subsections (1) and (3) by striking out "registrar" wherever it appears and substituting

"director" , and

(

b) in subsection (2) by striking out "registrar's" and substituting

"director's" .

Section 20 is amended

(

a) in subsections (1), (2) and (11) by striking out "registrar" wherever it appears and substituting

"director" , and

(

b) by repealing subsection (1) (

b) and substituting the following:

(

b) has committed an offence under the Criminal Code or under any other law that, in the director's opinion, would be grounds for an order under

section 7 of this Act.

Section 23 (1) is amended by striking out "registrar" in both places and substituting

"director" .

Section 25 (4) is amended by striking out "registrar" and substituting

"director" .

Section 27 (1) is repealed and the following substituted:

(1) A statement, purporting to be certified by the director, about any of the following is, without proof of the office or signature of the director, receivable in evidence to prove the facts stated for all purposes in any proceeding or prosecution:

(

a) whether or not a record is filed under this Act;

(

b) the date when facts first came to the knowledge of the director;

(

c) any other matter of filing or nonfiling under this Act.

Section 28 (2) is amended

(

a) by repealing paragraphs (

b) and (c),

(

b) in paragraph (

d) by striking out "registered" , and

(

c) in paragraph (

g) by striking out "registrar" and substituting

"director" .

Consequential Amendment

Private Investigators and Security Agencies Act

Section 2 (1) (

g) of the Private Investigators and Security Agencies Act, R.S.B.C. 1996, c. 374, is repealed and the following substituted:

(

g) a reporting agency as defined in the Credit Reporting Act in respect of activities regulated by that Act; .

Commencement

23 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

Consumer Protection Act

SECTION 1: [ Consumer Protection Act, amends

section 1] repeals the definition of

"registrar".

SECTION 2: [Consumer Protection Act, repeals and replaces

section 11 (2) (a)] is consequential

to the repeal of licensing provisions of the Act made by this Bill.

SECTION 3: [Consumer Protection Act, amends

section 15] is consequential to the repeal

of the definition of "registrar".

SECTION 4: [Consumer Protection Act, enacts

section 21.6 to

Part 1] provides powers to

the director to order a direct seller to stop conducting the business of direct

sales.

SECTION 5: [Consumer Protection Act, repeals

Part 2] repeals provisions respecting

licensing of direct sellers.

SECTION 6: [Consumer Protection Act, amends

section 74 (1)] is consequential to the

repeal of the definition of "registrar".

SECTION 7: [Consumer Protection Act, amends

section 75 (1) (a)] deletes references to

sections of the Act repealed by this Bill.

SECTION 8: [Consumer Protection Act, amends

section 77] repeals regulation making

powers related to licensing and the powers of the registrar.

Credit Reporting Act

SECTION 9: [Credit Reporting Act, amends

section 1] repeals the definition of "registrar"

and substitutes a definition of "director".

SECTION 10: [Credit Reporting Act, repeals sections 2 to 6 and re-enacts

section 7] repeals

the sections respecting registration of reporting agencies and substitutes a

power of the director to determine that a person is unsuitable to act as a reporting

agency and to order the person to stop acting as a reporting agency.

SECTION 11: [Credit Reporting Act, amends

section 8] is consequential to the repeal of the

definition of "registrar".

SECTION 12: [Credit Reporting Act, repeals

section 9] repeals a

section respecting registered

reporting agencies.

SECTION 13: [Credit Reporting Act, repeals

section 10 (4)] repeals a subsection respecting

registered reporting agencies.

SECTION 14: [Credit Reporting Act, amends

section 11 (1)] is consequential to the repeal of

the definition of "registrar".

SECTION 15: [Credit Reporting Act, amends

section 17] is consequential to the repeal of

the definition of "registrar".

SECTION 16: [Credit Reporting Act, amends

section 18] is consequential to the repeal of

the definition of "registrar".

SECTION 17: [Credit Reporting Act, amends

section 20] is consequential to the repeal of

the definition of "registrar" and the re-enactment of

section 7 of the Act made

by this Bill.

SECTION 18: [Credit Reporting Act, amends

section 23 (1)] is consequential to the repeal of

the definition of "registrar".

SECTION 19: [Credit Reporting Act, amends

section 25 (4)] is consequential to the repeal of

the definition of "registrar".

SECTION 20: [Credit Reporting Act, repeals and replaces

section 27 (1)] is consequential to

the repeal of the definition of "registrar".

SECTION 21: [Credit Reporting Act, amends

section 28 (2)] is consequential to the repeal of

the definition of "registrar" and of provisions respecting registration of reporting

agencies.

Private Investigators and Security Agencies Act

SECTION 22: [Private Investigators and Security Agencies Act, repeals and replaces

section 2 (1) (g)] is consequential to the repeal of the licensing provisions of

the Credit Reporting Act made by this Bill.

Copyright (c) 2001: Queen's Printer, Victoria, British Columbia, Canada