Consumer Protection Act, 2002

Bills that amended this Act0

No published amendment links yet for this Act.

Sections414

• [s0]

  Part I Interpretation and Application

• 1.
• PART I INTERPRETATION AND APPLICATION
• 1Interpretation

  1 In this Act, Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 14, Sched. 3, s. 1) “administrative penalty” means an administrative penalty imposed under section 104.0.1; (“pénalité administrative”) “consumer” means an individual acting for personal, family or household purposes and does not include a person who is acting for business purposes; (“consommateur”) “consumer agreement” means an agreement between a supplier and a consumer in which, (a) the supplier agrees to supply goods or services for payment, or (b) the supplier agrees to provide rewards points to the consumer, on the supplier’s own behalf or on behalf of another supplier, when the consumer purchases goods or services or otherwise acts in a manner specified in the agreement; (“convention de consommation”) “consumer tra…

• 2.
• 2Application

  2 (1) Subject to this section, this Act applies in respect of all consumer transactions if the consumer or the person engaging in the transaction with the consumer is located in Ontario when the transaction takes place. 2002, c. 30, Sched. A, s. 2 (1). Exceptions (2) This Act does not apply in respect of, (a) consumer transactions regulated under the Securities Act; (b) financial services related to investment products or income securities; (c) financial products or services regulated under the Insurance Act, the Credit Unions and Caisses Populaires Act, 2020, the Loan and Trust Corporations Act or the Mortgage Brokerages, Lenders and Administrators Act, 2006; (d) consumer transactions regulated under the Commodity Futures Act; (e) prescribed professional services that are regulated under a statute of Ontario; (f) consumer transactions for the purchase, sale or lease of real property, ex…

• 3.
• 3Anti-avoidance

  3 In determining whether this Act applies to an entity or transaction, a court or other tribunal shall consider the real substance of the entity or transaction and in so doing may disregard the outward form. 2002, c. 30, Sched. A, s. 3; 2008, c. 9, s. 79 (2). Section Amendments with date in force (d/m/y) 2008, c. 9, s. 79 (2) - 01/07/2009

• 4.
• 4Consumer agreements

  4 A consumer agreement that meets the criteria of more than one type of agreement to which this Act applies shall comply with the provisions of this Act and of the regulations that apply to each type of agreement for which it meets the criteria, except where the application of the provisions is excluded by the regulations. 2004, c. 19, s. 7 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (5) - 30/07/2005

• 4. #4
• 5.
• 5Disclosure of information

  5 (1) If a supplier is required to disclose information under this Act, the disclosure must be clear, comprehensible and prominent. 2002, c. 30, Sched. A, s. 5 (1). Delivery of information (2) If a supplier is required to deliver information to a consumer under this Act, the information must, in addition to satisfying the requirements in subsection (1), be delivered in a form in which it can be retained by the consumer. 2002, c. 30, Sched. A, s. 5 (2).

• PART II CONSUMER RIGHTS AND WARRANTIES
• [s6]

  PART II Consumer Rights and Warranties

• 6.
• 6Rights reserved

  6 Nothing in this Act shall be interpreted to limit any right or remedy that a consumer may have in law. 2002, c. 30, Sched. A, s. 6.

• 7.
• 7No waiver of substantive and procedural rights

  7 (1) The substantive and procedural rights given under this Act apply despite any agreement or waiver to the contrary. 2002, c. 30, Sched. A, s. 7 (1). Limitation on effect of term requiring arbitration (2) Without limiting the generality of subsection (1), any term or acknowledgment in a consumer agreement or a related agreement that requires or has the effect of requiring that disputes arising out of the consumer agreement be submitted to arbitration is invalid insofar as it prevents a consumer from exercising a right to commence an action in the Superior Court of Justice given under this Act. 2002, c. 30, Sched. A, s. 7 (2). Procedure to resolve dispute (3) Despite subsections (1) and (2), after a dispute over which a consumer may commence an action in the Superior Court of Justice arises, the consumer, the supplier and any other person involved in the dispute may agree to resolve th…

• 8.
• 8Class proceedings

  8 (1) A consumer may commence a proceeding on behalf of members of a class under the Class Proceedings Act, 1992 or may become a member of a class in such a proceeding in respect of a dispute arising out of a consumer agreement despite any term or acknowledgment in the consumer agreement or a related agreement that purports to prevent or has the effect of preventing the consumer from commencing or becoming a member of a class proceeding. 2002, c. 30, Sched. A, s. 8 (1). Procedure to resolve dispute (2) After a dispute that may result in a class proceeding arises, the consumer, the supplier and any other person involved in it may agree to resolve the dispute using any procedure that is available in law. 2002, c. 30, Sched. A, s. 8 (2). Settlements or decisions (3) A settlement or decision that results from the procedure agreed to under subsection (2) is as binding on the parties as such a…

• 9.
• 10.
• 9Quality of services

  9 (1) The supplier is deemed to warrant that the services supplied under a consumer agreement are of a reasonably acceptable quality. 2002, c. 30, Sched. A, s. 9 (1). Quality of goods (2) The implied conditions and warranties applying to the sale of goods by virtue of the Sale of Goods Act are deemed to apply with necessary modifications to goods that are leased or traded or otherwise supplied under a consumer agreement. 2002, c. 30, Sched. A, s. 9 (2). Same (3) Any term or acknowledgement, whether part of the consumer agreement or not, that purports to negate or vary any implied condition or warranty under the Sale of Goods Act or any deemed condition or warranty under this Act is void. 2002, c. 30, Sched. A, s. 9 (3). Same (4) If a term or acknowledgement referenced in subsection (3) is a term of the agreement, it is severable from the agreement and shall not be evidence of circumstanc…

• 10Estimates

  10 (1) If a consumer agreement includes an estimate, the supplier shall not charge the consumer an amount that exceeds the estimate by more than 10 per cent. 2002, c. 30, Sched. A, s. 10 (1). Performance of consumer agreement (2) If a supplier charges an amount that exceeds the estimate by more than 10 per cent, the consumer may require that the supplier provide the goods or services at the estimated price. 2002, c. 30, Sched. A, s. 10 (2). Subsequent agreement (3) Nothing in this section prevents a consumer and a supplier from agreeing to amend the estimate or price in a consumer agreement, if the consumer requires additional or different goods or services. 2002, c. 30, Sched. A, s. 10 (3).

• 11.
• 11Ambiguities to benefit consumer

  11 Any ambiguity that allows for more than one reasonable interpretation of a consumer agreement provided by the supplier to the consumer or of any information that must be disclosed under this Act shall be interpreted to the benefit of the consumer. 2002, c. 30, Sched. A, s. 11.

• 12.
• 12Charging consumers for assistance

  12 No person shall charge a consumer for assisting the consumer to obtain any benefit, right or protection to which the consumer is entitled under this Act, unless, before the consumer agrees to pay the charge, the person discloses the entitlement’s existence and direct availability to the consumer and the cost, if any, the consumer would be required to pay for the entitlement if the consumer obtained the entitlement directly. 2002, c. 30, Sched. A, s. 12.

• 13.
• 13Unsolicited goods or services: relief from legal obligations

  13 (1) Except as provided in this section, a recipient of unsolicited goods or services has no legal obligation in respect of their use or disposal. 2002, c. 30, Sched. A, s. 13 (1). No payment for unsolicited goods or services (2) No supplier shall demand payment or make any representation that suggests that a consumer is required to make payment in respect of any unsolicited goods or services despite their use, receipt, misuse, loss, damage or theft. 2002, c. 30, Sched. A, s. 13 (2). Request not inferred (3) A request for goods or services shall not be inferred solely on the basis of payment, inaction or the passing of time. 2002, c. 30, Sched. A, s. 13 (3). Material change deemed unsolicited (4) If a consumer is receiving goods or services on an ongoing or periodic basis and there is a material change in such goods or services, the goods or services shall be deemed to be unsolicited f…

• PART III UNFAIR PRACTICES
• 13.1Advertising illegal site

  13.1 (1) No person shall advertise an internet gaming site that is operated contrary to the Criminal Code (Canada). 2006, c. 34, s. 8 (2). Facilitating (2) No person, other than an internet service provider, shall arrange for or otherwise facilitate advertising prohibited under subsection (1) on behalf of another person. 2006, c. 34, s. 8 (2). Meaning of “advertise” (3) For the purpose of subsection (1), a person advertises an internet gaming site only if the advertising originates in Ontario or is primarily intended for Ontario residents. 2006, c. 34, s. 8 (2). Same (4) For the purpose of subsection (1), “advertise” includes, (a) providing, by print, publication, broadcast, telecommunication or distribution by any means, information for the purpose of promoting the use of an internet gaming site; (b) providing a link in a website for the purpose of promoting the use of an internet gamin…

• 14.
• [s16]

  PART III UNFAIR PRACTICES

• 15.
• Section Amendments with date in force (d/m/y)
• 14False, misleading or deceptive representation

  14 (1) It is an unfair practice for a person to make a false, misleading or deceptive representation. 2002, c. 30, Sched. A, s. 14 (1). Examples of false, misleading or deceptive representations (2) Without limiting the generality of what constitutes a false, misleading or deceptive representation, the following are included as false, misleading or deceptive representations: 1. A representation that the goods or services have sponsorship, approval, performance characteristics, accessories, uses, ingredients, benefits or qualities they do not have. 2. A representation that the person who is to supply the goods or services has sponsorship, approval, status, affiliation or connection the person does not have. 3. A representation that the goods or services are of a particular standard, quality, grade, style or model, if they are not. 4. A representation that the goods are new, or unused, if …

• 16.
• 15Unconscionable representation

  15 (1) It is an unfair practice to make an unconscionable representation. 2002, c. 30, Sched. A, s. 15 (1). Same (2) Without limiting the generality of what may be taken into account in determining whether a representation is unconscionable, there may be taken into account that the person making the representation or the person’s employer or principal knows or ought to know, (a) that the consumer is not reasonably able to protect his or her interests because of disability, ignorance, illiteracy, inability to understand the language of an agreement or similar factors; (b) that the price grossly exceeds the price at which similar goods or services are readily available to like consumers; (c) that the consumer is unable to receive a substantial benefit from the subject-matter of the representation; (d) that there is no reasonable probability of payment of the obligation in full by the consu…

• 17.
• 16Renegotiation of price

  16 It is an unfair practice for a person to use his, her or its custody or control of a consumer’s goods to pressure the consumer into renegotiating the terms of a consumer transaction. 2002, c. 30, Sched. A, s. 16.

• 18.
• 17Unfair practices prohibited

  17 (1) No person shall engage in an unfair practice. 2002, c. 30, Sched. A, s. 17 (1). One act deemed practice (2) A person who performs one act referred to in section 14, 15 or 16 shall be deemed to be engaging in an unfair practice. 2002, c. 30, Sched. A, s. 17 (2). Advertising excepted (3) It is not an unfair practice for a person, on behalf of another person, to print, publish, distribute, broadcast or telecast a representation that the person accepted in good faith for printing, publishing, distributing, broadcasting or telecasting in the ordinary course of business. 2002, c. 30, Sched. A, s. 17 (3).

• 19.
• 18Rescinding agreement

  18 (1) Any agreement, whether written, oral or implied, entered into by a consumer after or while a person has engaged in an unfair practice may be rescinded by the consumer and the consumer is entitled to any remedy that is available in law, including damages. 2002, c. 30, Sched. A, s. 18 (1). Remedy if rescission not possible (2) A consumer is entitled to recover the amount by which the consumer’s payment under the agreement exceeds the value that the goods or services have to the consumer or to recover damages, or both, if rescission of the agreement under subsection (1) is not possible, (a) because the return or restitution of the goods or services is no longer possible; or (b) because rescission would deprive a third party of a right in the subject-matter of the agreement that the third party has acquired in good faith and for value. 2002, c. 30, Sched. A, s. 18 (2); 2004, c. 19, s.…

• PART IV RIGHTS AND OBLIGATIONS RESPECTING SPECIFIC CONSUMER AGREEMENTS
• [s22]
• 19Transition

  19 (1) This Part applies to consumer transactions that occur on or after the day this section is proclaimed in force. 2002, c. 30, Sched. A, s. 19 (1). Same (2) The Business Practices Act, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to consumer transactions that occurred before its repeal. 2002, c. 30, Sched. A, s. 19 (2).

• [s23]

  PART IV Rights and Obligations Respecting Specific Consumer Agreements

• 20.
• [s24]

  Definitions and Application

• [s25]
• 20Interpretation

  20 (1) In this Part, “direct agreement” means a consumer agreement that is negotiated or concluded in person at a place other than, (a) at the supplier’s place of business, or (b) at a market place, an auction, trade fair, agricultural fair or exhibition; (“convention directe”) “internet agreement” means a consumer agreement formed by text-based internet communications; (“convention électronique”) “membership fee” means the amount payable by a consumer for personal development services; (“droit d’adhésion”) “personal development services” means, (a) services provided for, (i) health, fitness, diet or matters of a similar nature, (ii) modelling and talent, including photo shoots relating to modelling and talent, or matters of a similar nature, (iii) martial arts, sports, dance or similar activities, and (iv) other matters as may be prescribed, and (b) facilities provided for or instructio…

• 21.
• [s26]

  Future Performance Agreements

• 22.
• Section Amendments with date in force (d/m/y) #26
• 21Application of sections

  21 (1) Sections 22 to 26 apply to future performance agreements if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount. 2002, c. 30, Sched. A, s. 21 (1). Exception (2) Sections 22 to 26 do not apply to agreements that are future performance agreements solely because of an open credit arrangement. 2002, c. 30, Sched. A, s. 21 (2). Transition (3) Sections 22 to 26 apply to future performance agreements entered into on or after the day this section is proclaimed in force. 2002, c. 30, Sched. A, s. 21 (3). Same (4) The Consumer Protection Act, as it existed immediately before its repeal under the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to executory contracts entered into before its repeal. 2002, c. 30, Sched. A, s. 21 (4).

• 23.
• 22Requirements for future performance agreements

  22 Every future performance agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements. 2002, c. 30, Sched. A, s. 22.

• 24.
• 23Cancelling future performance agreements

  23 A consumer may cancel a future performance agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements required by section 22. 2002, c. 30, Sched. A, s. 23.

• 25.
• 24Rights in other goods not enforceable

  24 Any provision in any future performance agreement or in any security agreement incidental to such an agreement under which the supplier may acquire title to, possession of or any rights in any goods of the consumer, other than the goods passing to the consumer under the agreement, is not enforceable. 2002, c. 30, Sched. A, s. 24.

• 26.
• [s31]
• 25No repossession after two-thirds paid except by leave of court

  25 (1) Where a consumer under a future performance agreement has paid two-thirds or more of his or her payment obligation as fixed by the agreement, any provision in the agreement, or in any security agreement incidental to the agreement, under which the supplier may retake possession of or resell the goods or services upon default in payment by the consumer is not enforceable except by leave obtained from the Superior Court of Justice. 2002, c. 30, Sched. A, s. 25 (1). Powers of court (2) Upon an application for leave under subsection (1), the court may, in its discretion, grant leave to the supplier or refuse leave or grant leave upon such terms and conditions as the court considers advisable. 2002, c. 30, Sched. A, s. 25 (2).

• [s32]
• 26Late delivery

  26 (1) A consumer may cancel a future performance agreement at any time before delivery under the agreement or the commencement of performance under the agreement if the supplier, (a) does not make delivery within 30 days after the delivery date specified in the agreement or an amended delivery date agreed to by the consumer in writing; or (b) does not begin performance of his, her or its obligations within 30 days after the commencement date specified in the agreement or an amended commencement date agreed to by the consumer in writing. 2002, c. 30, Sched. A, s. 26 (1). Delivery or commencement date not specified (2) If the delivery date or commencement date is not specified in the future performance agreement, a consumer may cancel the agreement at any time before delivery or commencement if the supplier does not deliver or commence performance within 30 days after the date the agreeme…

• 27.
• [s33]

  Time Share Agreements

• 28.
• [s34]
• 27Requirements for time share agreements

  27 Every time share agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements. 2002, c. 30, Sched. A, s. 27.

• [s35]
• 28Cancellation: cooling-off period

  28 (1) A consumer may, without any reason, cancel a time share agreement at any time from the date of entering into the agreement until 10 days after receiving the written copy of the agreement. 2002, c. 30, Sched. A, s. 28 (1); 2013, c. 13, Sched. 2, s. 2. Cancellation: failure to meet requirements (2) In addition to the right under subsection (1), a consumer may cancel a time share agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements under section 27. 2002, c. 30, Sched. A, s. 28 (2). Section Amendments with date in force (d/m/y) 2013, c. 13, Sched. 2, s. 2 - 12/12/2013

• 29.
• [s36]

  Personal Development Services

• 30.
• Section Amendments with date in force (d/m/y) #36
• 29Application

  29 (1) Sections 30 to 36 apply in respect of personal development services or proposed personal development services for which, (a) payment in advance is required; and (b) the consumer’s total potential payment obligation, excluding cost of borrowing, exceeds a prescribed amount. 2002, c. 30, Sched. A, s. 29 (1). Exceptions (2) Sections 30 to 36 do not apply to personal development services that are provided, (a) on a non-profit or co-operative basis; (b) by a private club primarily owned by its members; (c) as an incidental part of the goods or services that are being supplied to the consumer; (d) by a supplier funded or run by a charitable or municipal organization or by the Province of Ontario or any of its agencies; or (e) by a golf club. 2002, c. 30, Sched. A, s. 29 (2). Transition (3) Sections 30 to 36 do not apply to a personal development services agreement in existence before th…

• 31.
• 30Requirements for personal development services agreements

  30 (1) Every personal development services agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements. 2002, c. 30, Sched. A, s. 30 (1). Payments not required or accepted (2) No supplier shall require or accept payment for personal development services from a consumer with whom the supplier does not have an agreement that meets the requirements established under subsection (1). 2002, c. 30, Sched. A, s. 30 (2).

• 32.
• 31Agreements for one year only

  31 (1) No personal development services agreement may be made for a term longer than one year after the day that all the services are made available to the consumer. 2002, c. 30, Sched. A, s. 31 (1). Deemed separate agreement (2) Any personal development services agreement that provides for a renewal or an extension of the agreement beyond one year shall be deemed to create a separate agreement for each renewal or extension of one year or less. 2002, c. 30, Sched. A, s. 31 (2). Renewal provision (3) A personal development services agreement that provides for the renewal or extension of the agreement is not valid unless the supplier complies with the prescribed requirements. 2002, c. 30, Sched. A, s. 31 (3). Deemed non-renewal of agreement (4) A personal development services agreement that provides for a renewal or extension of the agreement shall be deemed not to be renewed or extended i…

• 33.
• 32Only one agreement

  32 (1) No supplier shall enter into a new agreement for personal development services with a consumer with whom the supplier has an existing agreement for personal development services unless the new agreement is for personal development services that are distinctly different from the services provided under the existing agreement. 2002, c. 30, Sched. A, s. 32 (1). New agreement void (2) Any new agreement entered into in contravention of subsection (1) is void. 2002, c. 30, Sched. A, s. 32 (2). Same (3) For the purposes of subsection (1), a different term or a different commencement date does not constitute a distinct difference in the personal development services to be provided. 2002, c. 30, Sched. A, s. 32 (3). Renewals exempted (4) Nothing in this section prevents a personal development services agreement from being renewed during the term of the agreement provided that the renewal m…

• 34.
• 33Initiation fee

  33 No supplier of personal development services shall, (a) charge a consumer more than one initiation fee; or (b) charge an initiation fee that is greater than twice the annual membership fee. 2002, c. 30, Sched. A, s. 33.

• 35.
• 34Instalment plans

  34 (1) Every supplier of personal development services shall make available to consumers at least one plan for instalment payments of membership fees and initiation fees, if applicable, that allow consumers to make equal monthly payments over the term of the personal development services agreement. 2002, c. 30, Sched. A, s. 34 (1). Same (2) No supplier shall provide an instalment payment plan through which the total amount paid by instalments exceeds the membership or initiation fee, if applicable, by more than 25 per cent. 2002, c. 30, Sched. A, s. 34 (2).

• 36.
• [s43]
• 35Cancellation: cooling-off period

  35 (1) A consumer may, without any reason, cancel a personal development services agreement at any time within 10 days after the later of receiving the written copy of the agreement and the day all the services are available. 2002, c. 30, Sched. A, s. 35 (1); 2013, c. 13, Sched. 2, s. 2. Cancellation: failure to meet requirements (2) In addition to the right under subsection (1), a consumer may cancel a personal development services agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements under section 30. 2002, c. 30, Sched. A, s. 35 (2). Section Amendments with date in force (d/m/y) 2013, c. 13, Sched. 2, s. 2 - 12/12/2013

• [s44]
• 36Trustee for payment for unavailable services

  36 (1) No supplier shall receive payment from a consumer for personal development services that are not available at the time the payment is made except if the payment is made through a trust corporation registered under the Loan and Trust Corporations Act that has agreed to act as a trustee for the payment. 2002, c. 30, Sched. A, s. 36 (1). Exception (2) Subsection (1) does not apply when one of the services that is not available is the use of a facility and the consumer has agreed in writing to use another facility provided by the supplier until the facility contracted for is available. 2002, c. 30, Sched. A, s. 36 (2). Facility not available (3) If a facility is not available for use on the day specified in the agreement, the trustee shall refund all payment received from the consumer unless the consumer agrees in writing to permit the trustee to retain the payment. 2002, c. 30, Sched…

• 37.
• [s45]

  Internet Agreements

• 38.
• 37Application

  37 Sections 38 to 40 apply to an internet agreement if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount. 2002, c. 30, Sched. A, s. 37.

• 39.
• 38Disclosure of information

  38 (1) Before a consumer enters into an internet agreement, the supplier shall disclose the prescribed information to the consumer. 2002, c. 30, Sched. A, s. 38 (1). Express opportunity to accept or decline agreement (2) The supplier shall provide the consumer with an express opportunity to accept or decline the agreement and to correct errors immediately before entering into it. 2002, c. 30, Sched. A, s. 38 (2). Manner of disclosure (3) In addition to the requirements set out in section 5, disclosure under this section shall be accessible and shall be available in a manner that ensures that, (a) the consumer has accessed the information; and (b) the consumer is able to retain and print the information. 2002, c. 30, Sched. A, s. 38 (3).

• 40.
• [s48]
• 39Copy of internet agreement

  39 (1) A supplier shall deliver to a consumer who enters into an internet agreement a copy of the agreement in writing within the prescribed period after the consumer enters into the agreement. 2002, c. 30, Sched. A, s. 39 (1). Content of internet agreement (2) The copy of the internet agreement shall include such information as may be prescribed. 2002, c. 30, Sched. A, s. 39 (2). Deemed supply of internet agreement (3) For the purposes of subsection (1), a supplier is considered to have delivered a copy of the internet agreement to the consumer if the copy is delivered in the prescribed manner. 2002, c. 30, Sched. A, s. 39 (3).

• [s49]
• 40Cancellation of internet agreement

  40 (1) A consumer may cancel an internet agreement at any time from the date the agreement is entered into until seven days after the consumer receives a copy of the agreement if, (a) the supplier did not disclose to the consumer the information required under subsection 38 (1); or (b) the supplier did not provide to the consumer an express opportunity to accept or decline the agreement or to correct errors immediately before entering into it. 2002, c. 30, Sched. A, s. 40 (1). Same (2) A consumer may cancel an internet agreement within 30 days after the date the agreement is entered into, if the supplier does not comply with a requirement under section 39. 2004, c. 19, s. 7 (7). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (7) - 30/07/2005

• 41.
• [s50]

  Direct Agreements

• 42.
• Section Amendments with date in force (d/m/y) #50
• 41Application

  41 (1) Sections 42 and 43 apply to direct agreements if the consumer’s total potential payment obligations under the agreement, excluding the cost of borrowing, exceeds a prescribed amount. 2002, c. 30, Sched. A, s. 41 (1). Transition (2) Sections 42 and 43 apply to direct agreements entered into on or after the day this section is proclaimed in force. 2002, c. 30, Sched. A, s. 41 (2). Same (3) The Consumer Protection Act, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to direct sales contracts entered into before its repeal. 2002, c. 30, Sched. A, s. 41 (3).

• 43.
• [s52]
• 42Requirements for direct agreements

  42 (1) Every direct agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements. 2002, c. 30, Sched. A, s. 42. Minister’s regulations (2) In addition to the power of the Lieutenant Governor in Council to make regulations under section 123, the Minister may make regulations, (a) governing contents of direct agreements and requirements for making, renewing, amending or extending direct agreements; (b) requiring a supplier under a direct agreement to disclose to the consumer the information specified in the regulation, governing the content of the disclosure and requiring the supplier to take the other measures specified in the regulation to ensure that the consumer has received the disclosure. 2013, c. 13, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2013, c. 13, Sched. 2, s. 3 - 01/04/2015

• [s53]
• 43Cancellation: cooling-off period

  43 (1) A consumer may, without any reason, cancel a direct agreement at any time from the date of entering into the agreement until 10 days after the consumer has received the written copy of the agreement. 2017, c. 5, Sched. 2, s. 15. Transition (1.1) Despite subsection (1), that subsection, as it read immediately before the day section 15 of Schedule 2 to the Putting Consumers First Act (Consumer Protection Statute Law Amendment), 2017 comes into force, continues to apply to a direct agreement that requires the supplier to supply to the consumer a water heater or other goods or services that are prescribed if the parties entered into the agreement before that day. 2017, c. 5, Sched. 2, s. 15. Cancellation: failure to meet requirements (2) In addition to the right under subsection (1), a consumer may cancel a direct agreement within one year after the date of entering into the agreement…

• 44.
• [s54]
• 43.1Restriction on entering into certain direct agreements

  43.1 (1) No supplier shall, while at a consumer’s dwelling or at any other prescribed place, solicit the consumer to enter into a direct agreement for the supply of prescribed goods or services or enter into such an agreement unless the consumer has initiated contact with the supplier and has specifically requested that the supplier attend at the consumer’s dwelling or the other prescribed place for the purpose of entering into such an agreement. 2017, c. 5, Sched. 2, s. 16. Same (2) The following activities do not constitute solicitation for the purpose of subsection (1): 1. Leaving marketing materials at a consumer’s dwelling or any other place prescribed for the purpose of that subsection without attempting to contact the consumer with respect to any prescribed direct agreement. 2. Such other activities that are prescribed. 2017, c. 5, Sched. 2, s. 16. Agreement void (3) A direct agre…

• 45.
• [s55]

  Remote Agreements

• 43.1 #55Restriction on entering into certain direct agreements
• 46.
• Section Amendments with date in force (d/m/y) #55
• [s56]
• 44Application

  44 Sections 45 to 47 apply to remote agreements if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount. 2002, c. 30, Sched. A, s. 44.

• 47.
• 45Disclosure of information

  45 Before a consumer enters into a remote agreement, the supplier shall disclose the prescribed information to the consumer and shall satisfy the prescribed requirements. 2002, c. 30, Sched. A, s. 45.

• PART V SECTORS WHERE ADVANCE FEE PROHIBITED
• 46Copy of remote agreement

  46 (1) A supplier shall deliver to a consumer who enters into a remote agreement a copy of the agreement in writing within the prescribed period after the consumer enters into the agreement. 2002, c. 30, Sched. A, s. 46 (1). Content of remote agreement (2) The copy of the remote agreement shall include such information as may be prescribed. 2002, c. 30, Sched. A, s. 46 (2). Deemed supply of remote agreement (3) For the purposes of subsection (1), a supplier is considered to have delivered a copy of the remote agreement to the consumer if the copy is delivered in the prescribed manner. 2002, c. 30, Sched. A, s. 46 (3).

• 48.
• 47Cancellation of remote agreement

  47 (1) A consumer may cancel a remote agreement at any time from the date the agreement is entered into until seven days after the consumer receives a copy of the agreement if the supplier fails to comply with section 45. 2002, c. 30, Sched. A, s. 47 (1). Same (2) A consumer may cancel a remote agreement within one year after the date the agreement is entered into, if the supplier does not comply with a requirement under section 46. 2004, c. 19, s. 7 (8). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (8) - 30/07/2005

• 49.
• [s60]

  Rewards Points

• 50.
• Section Amendments with date in force (d/m/y) #60
• [s61]
• 47.1No expiry of rewards points

  47.1 (1) Subject to the other provisions of this section, no supplier shall enter into or amend a consumer agreement under which rewards points are provided to provide for the expiry of rewards points due to the passage of time alone. 2016, c. 34, s. 2 (1). Application and transition (2) This section applies to all consumer agreements under which rewards points are provided, (a) that existed on October 1, 2016; (b) that were entered into after October 1, 2016, but before the day this section came into force; or (c) that are entered into on or after the date this section comes into force. 2016, c. 34, s. 2 (1). Effect of termination (3) Subject to any prescribed exceptions, on and after the day this section comes into force, and upon providing notice to the other party, the supplier or the consumer may terminate the consumer agreement under which rewards points are provided, and if the co…

• 51.
• [s62]
• 47.1 #62Requirements

  47.1 (1) Every consumer agreement under which rewards points are provided shall be made, renewed, amended or extended in accordance with the prescribed requirements. 2025, c. 24, Sched. 5, s. 1. Disclosure of information (2) Before a consumer enters into a consumer agreement under which rewards points are provided, a supplier shall disclose such information as may be prescribed to the consumer and shall satisfy such requirements as may be prescribed with respect to the disclosure of the information. 2025, c. 24, Sched. 5, s. 1. Expiry of rewards points (3) A consumer agreement under which rewards points are provided shall not provide for the expiry, cancellation or suspension of rewards points except in accordance with the regulations. 2025, c. 24, Sched. 5, s. 1. Consumer’s recourse (4) If a consumer is a party to a consumer agreement under which rewards points are provided and the rewa…

• 52.
• [s63]

  PART V SECTORS WHERE aDVANCE FEE PROHIBITED

• 53.
• 48Definitions

  48 In this Part, “consumer report”, “credit information”, “file” and “personal information” each have the same meaning as in section 1 of the Consumer Reporting Act; (“rapport sur le consommateur”, “renseignements sur la solvabilité”, “dossier”, “renseignements personnels”) “credit repair” means services or goods that are intended to improve a consumer report, credit information, file or personal information, including a credit record, credit history or credit rating; (“redressement de crédit”) “credit repairer” means, (a) a supplier of credit repair, or (b) a person who holds themself out as a person described in clause (a); (“redresseur de crédit”) “operator” means, (a) a person who is a credit repairer or a loan broker, or (b) a supplier who supplies such goods or services as may be prescribed or a person who holds themself out as a supplier of such goods or services. (“exploitant”) 2…

• 54.
• 49Requirements for consumer agreements

  49 Every consumer agreement for loan brokering, credit repair or for the supply of such other goods or services as may be prescribed shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements. 2002, c. 30, Sched. A, s. 49.

• PART VI REPAIRS TO MOTOR VEHICLES AND OTHER GOODS
• 50Advance payments prohibited

  50 (1) No operator shall require or accept any payment or any security for a payment, directly or indirectly, from or on behalf of a consumer unless and until, (a) in respect of loan brokering, the consumer receives the credit or loan of money that the loan broker has assisted the consumer to obtain; (b) in respect of credit repair, the credit repairer causes a material improvement to the consumer report, credit information, file, personal information, credit record, credit history or credit rating of the consumer; or (c) in respect of the supply of such other goods or services as may be prescribed, the prescribed requirements are met. 2002, c. 30, Sched. A, s. 50 (1); 2004, c. 19, s. 7 (10, 11). Security arrangement void (2) Every arrangement by which an operator takes security in contravention of subsection (1) is void. 2002, c. 30, Sched. A, s. 50 (2); 2004, c. 19, s. 7 (12). Section …

• 55.
• 51Cancellation: cooling-off period

  51 (1) A consumer who is a party to an agreement for loan brokering, credit repair or the supply of such goods and services as may be prescribed may, without any reason, cancel the agreement at any time from the date of entering into the agreement until 10 days after receiving the written copy of the agreement. 2002, c. 30, Sched. A, s. 51 (1); 2013, c. 13, Sched. 2, s. 6. Cancellation: failure to meet requirements (2) In addition to the right under subsection (1), a consumer who is a party to an agreement for loan brokering, credit repair or the supply of such goods and services as may be prescribed may cancel the agreement within one year after the date of entering into it if the consumer does not receive a copy of the agreement that meets the requirements under section 49. 2002, c. 30, Sched. A, s. 51 (2). Section Amendments with date in force (d/m/y) 2013, c. 13, Sched. 2, s. 6 - 12/…

• 56.
• [s68]
• 52Officers, directors

  52 The officers and directors of an operator are jointly and severally liable for any remedy in respect of which a person is entitled to commence a proceeding against the operator. 2002, c. 30, Sched. A, s. 52; 2004, c. 19, s. 7 (13). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (13) - 30/07/2005

• 57.
• 53Prohibited representations

  53 An operator shall not communicate or cause to be communicated any representation that is prescribed as a prohibited representation. 2002, c. 30, Sched. A, s. 53; 2004, c. 19, s. 7 (14). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 7 (14) - 30/07/2005

• 58.
• [s70]
• 54Transition

  54 (1) Sections 48 to 53 apply to consumer transactions that occur on or after the day this section is proclaimed in force. 2002, c. 30, Sched. A, s. 54 (1). Same (2) The Loan Brokers Act, 1994, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to all agreements to assist a consumer in obtaining a loan of money entered into before its repeal. 2002, c. 30, Sched. A, s. 54 (2). Same (3) Sections 13.1 to 13.8 of the Consumer Reporting Act, as they existed immediately before their repeal by the Consumer Protection Statute Law Amendment Act, 2002, continue to apply to all consumer transactions that occurred before their repeal. 2002, c. 30, Sched. A, s. 54 (3).

• 59.
• [s71]

  PART vi REPAIRS TO MOTOR VEHICLES AND OTHER GOODS

• 60.
• 55Definitions

  55 In this Part, “estimate” means an estimate of the total cost of work on and repairs to the goods being repaired; (“devis”) “repairer” means a supplier who works on or repairs vehicles or other prescribed goods; (“réparateur”) “vehicle” means a motor vehicle as defined in the Highway Traffic Act. (“véhicule”) 2002, c. 30, Sched. A, s. 55.

• 61.
• 56Estimates

  56 (1) No repairer shall charge a consumer for any work or repairs unless the repairer first gives the consumer an estimate that meets the prescribed requirements. 2002, c. 30, Sched. A, s. 56 (1). Same (2) Despite subsection (1), a repairer may charge for work or repairs without giving an estimate if, (a) the repairer offers to give the consumer an estimate and the consumer declines the offer of an estimate; (b) the consumer specifically authorizes the maximum amount that he or she will pay the repairer to make the repairs or do the work; and (c) the cost charged for the work or repairs does not exceed the maximum amount authorized by the consumer. 2002, c. 30, Sched. A, s. 56 (2).

• 62.
• 57Estimate fee

  57 (1) Subject to subsection (3), no repairer shall charge a fee for an estimate unless the consumer is told in advance that a fee will be charged and the amount of the fee. 2002, c. 30, Sched. A, s. 57 (1). Same (2) A fee for an estimate shall be deemed to include the cost of diagnostic time, the cost of reassembling the goods and the cost of parts that will be damaged and must be replaced when reassembling if the work or repairs are not authorized by the consumer. 2002, c. 30, Sched. A, s. 57 (2). Same (3) A repairer shall not charge a fee for an estimate if the work or repairs in question are authorized and carried out. 2002, c. 30, Sched. A, s. 57 (3). Same (4) Despite subsection (3), a repairer may charge a fee for an estimate if the repairer is unable to obtain, without unreasonable delay, authorization to proceed with the work or repairs and the goods are reassembled before being …

• 63.
• 58Authorization required

  58 (1) No repairer shall charge for any work or repairs unless the consumer authorizes the work or repairs. 2002, c. 30, Sched. A, s. 58 (1). Exceeding estimate prohibited (2) No repairer shall charge, for work or repairs for which an estimate was given, an amount that exceeds the estimate by more than 10 per cent. 2002, c. 30, Sched. A, s. 58 (2).

• 64.
• 59Authorization not in writing

  59 If an authorization required by section 56, 57 or 58 is not given in writing, the authorization is not effective unless it is recorded in a manner that meets the prescribed requirements. 2002, c. 30, Sched. A, s. 59.

• 65.
• 60Posting signs

  60 A repairer shall post the prescribed signs in accordance with the prescribed requirements. 2002, c. 30, Sched. A, s. 60.

• PART VII CREDIT AGREEMENTS
• [s78]
• 61Return of parts

  61 (1) Every repairer shall offer to return to the consumer all parts removed in the course of work or repairs and shall return all such parts unless advised when the work or repairs are authorized that the consumer does not require their return. 2002, c. 30, Sched. A, s. 61 (1). Parts kept separate (2) Every repairer shall keep parts removed from goods being repaired separate from the parts removed from any other goods and, if their return is requested by the consumer, shall return the parts in a clean container. 2002, c. 30, Sched. A, s. 61 (2). Exception (3) Subsections (1) and (2) do not apply to, (a) parts for which there has been no charge for the part or for work on or repair to the part; or (b) parts replaced under warranty whose return to the manufacturer or distributor is required. 2002, c. 30, Sched. A, s. 61 (3).

• [s79]
• 62Invoice

  62 The repairer shall, on completion of work or repairs, deliver to the consumer an invoice containing the prescribed information in the prescribed manner. 2002, c. 30, Sched. A, s. 62.

• 66.
• [s80]
• 63Warranty for vehicles

  63 (1) On the repair of a vehicle, every repairer shall be deemed to warrant all new or reconditioned parts installed and the labour required to install them for a minimum of 90 days or 5,000 kilometres, whichever comes first, or for such greater minimum as may be prescribed. 2002, c. 30, Sched. A, s. 63 (1). Same (2) The warranty in subsection (1) is in addition to the deemed and implied conditions and warranties set out in section 9. 2002, c. 30, Sched. A, s. 63 (2). Failure of work or repairs under warranty (3) The person having charge of a vehicle that becomes inoperable or unsafe to drive because of the failure or inadequacy of work or repairs to which a warranty under this section applies may, when it is not reasonable to return the vehicle to the original repairer, have the failure or inadequacy repaired at the closest facility available for the work or repairs. 2002, c. 30, Sched…

• 67.
• [s81]
• 64Consistent cost

  64 No repairer shall give an estimate or charge an amount for work or repairs that is greater than that usually given or charged by that repairer for the same work or repairs merely because the cost is to be paid, directly or indirectly, by an insurance company licensed under the Insurance Act. 2002, c. 30, Sched. A, s. 64.

• 65.1
• 68.
• [s82]
• 65Transition

  65 (1) Sections 55 to 64 apply to all consumer agreements for work or repair that are entered into on or after the day this section is proclaimed in force. 2002, c. 30, Sched. A, s. 65 (1). Same (2) The Motor Vehicle Repair Act, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, applies to agreements for work or repair to a vehicle entered into before its repeal. 2002, c. 30, Sched. A, s. 65 (2). PART VI.1 (S. 65.1-65.21) Repealed: 2021, c. 26, Sched. 3, s. 65 (2).

• 65.2
• 69.
• [s83]
• 65.1-65.11

  65.1-65.11 Repealed: 2021, c. 26, Sched. 3, s. 65 (2). Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

• 65.3
• 70.
• 65.12Repealed

  65.12 Repealed: 2021, c. 26, Sched. 3, s. 65 (2). Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 1, s. 2 - 01/01/2017 2018, c. 3, Sched. 5, s. 14 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 12 - no effect - see 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024 2021, c. 26, Sched. 3, s. 65 (2) - 01/01/2024

• 65.4
• 69. #84
• 71.