Consumer Protection Act, 2023

Consumers should have confidence that they are well-protected and well-informed when they buy goods or services in the marketplace. The economy thrives when businesses understand their responsibilities and consumers can trust businesses when spending their hard-earned money. The Government of Ontario is dedicated to informing consumers, empowering them with a greater understanding of their rights and protecting consumers from unfair business practices, while holding non-compliant businesses accountable. The Government of Ontario is committed to supporting a level playing field for businesses in order to promote fairness in the marketplace.

PART I INTERPRETATION, APPLICATION, ETC.

1 (1) In this Act, “administrative penalty” means an administrative penalty imposed under section 95; (“pénalité administrative”) “advance”, except in section 23, means value, as prescribed, received by the borrower under a credit agreement; (“avance”) “borrower” means a consumer who, as a party to a credit agreement, receives or may receive credit or a loan of money from the other party or who indicates an interest in becoming such a party, but does not include a guarantor; (“emprunteur”) “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 contract” means a contract 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 be…

2 Subject to such exceptions as may be prescribed, 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.

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.

4 (1) If a supplier is required to disclose information under this Act, the disclosure must be clear, comprehensible and prominent. Delivery of information (2) If a supplier is required to give or deliver information to a consumer under this Act, the information must, in addition to satisfying the requirements in subsection (1), be given or delivered in a manner that will likely come to the consumer’s attention and in a form that can be retained by the consumer.

5 Any ambiguity that allows for more than one reasonable interpretation of a consumer contract 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.

6 Nothing in this Act or in the regulations shall be interpreted to limit any right or remedy that a consumer may have in law.

7 The substantive and procedural rights given under this Act apply despite any agreement or waiver to the contrary.

PART II FAIR MARKETPLACE RULES

Unfair Practices

8 (1) It is an unfair practice for a person to make a false, misleading or deceptive representation. 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 person who is to supply the goods or services, the operations of that person, or the goods or services are approved, licensed, endorsed, associated with or registered by the Government of Ca…

9 (1) It is an unfair practice to make an unconscionable representation or to engage in an unconscionable act. Examples of unconscionable acts (2) Without limiting the generality of what constitutes an unconscionable act, the following are included as unconscionable acts: 1. Taking advantage of a consumer as a result of the consumer’s inability to protect their interests because of disability, ignorance, illiteracy, inability to understand the language of a consumer contract or similar factors. 2. Charging a price for goods or services that grossly exceeds the price at which similar goods or services are available from similar suppliers. 3. Entering into a consumer contract with a consumer, if the person doing so knows or ought to know that the consumer is unable to receive a substantial benefit from the subject matter of the contract. 4. Entering into a consumer contract with a consumer…

10 (1) No person shall engage in an unfair practice. One act deemed practice (2) A person who makes one representation or engages in one act referred to in section 8 or 9 is deemed to be engaging in an unfair practice. Timing of unfair practice (3) An unfair practice may occur before, during or after a consumer contract is entered into and is an unfair practice even if no consumer contract is entered into. Advertising excepted (4) 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.

Other Rules

11 (1) Except as otherwise provided for in this section, a recipient of unsolicited goods or services has no legal obligation in respect of their use or disposal. No payment for unsolicited goods or services (2) No supplier shall demand or receive 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. Request not inferred (3) A request for goods or services by a consumer shall not be inferred solely on the basis of payment, inaction or the passing of time. 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 are deemed to be unsolicited from the time of the material change forward unless the supplier is a…

12 (1) If a consumer contract includes an estimate, the supplier shall not charge the consumer an amount that exceeds the estimate by more than 10 per cent. Performance of consumer contract (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. Subsequent amendment (3) Nothing in this section prevents a consumer and a supplier from agreeing to amend the estimate or price in a consumer contract, if the consumer requires additional or different goods or services.

13 (1) The supplier is deemed to warrant that the services supplied under a consumer contract are of a reasonably acceptable quality. 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 contract.

14 (1) No person shall include a term or acknowledgment in a consumer contract or a related agreement if it is a term or acknowledgement that, (a) requires or has the effect of requiring that disputes arising out of the contract or related agreement be submitted to arbitration or adjudicated by a court other than the Superior Court of Justice, if it prevents a consumer from exercising a right to commence an action in the Superior Court of Justice given under this Act; (b) prevents or has the effect of preventing the consumer from commencing or becoming a member of a class proceeding; (c) 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; (d) places or has the effect of placing a monetary limit on the amount of any claim made by the consumer for breach of a condition or warranty under the Sale of Goo…

15 (1) Subject to subsection (2), if a consumer under a consumer contract has paid two-thirds or more of their payment obligation as fixed by the contract, any provision in the contract or any related 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. Exception (2) Subsection (1) does not apply to a credit agreement, other than a supplier credit agreement, or to a lease. Powers of court (3) 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.

PART III RULES RESPECTING VARIOUS CONSUMER CONTRACTS

General

16 (1) Subject to subsections (3) to (5), this Part applies in respect of the following consumer contracts: 1. A consumer contract in respect of which delivery, performance or payment in full is not made when the parties enter into the contract. 2. A consumer contract that is entered into when the consumer and supplier are not present together, including a contract entered into online when the consumer and supplier are not present together. 3. A direct contract. Examples of subs. (1) contracts (2) The following are examples of consumer contracts described in subsection (1): 1. A lease, other than a lease described in subsection 38 (1). 2. A purchase-cost-plus lease. 3. A personal development services contract. 4. A consumer contract for loan brokering, credit repair or contract breaking. 5. A timeshare contract. Exceptions (3) This Part does not apply in respect of the following consumer…

17 (1) Before a consumer enters into a consumer contract, the supplier shall disclose such information as may be prescribed in respect of the contract and shall do so in accordance with such requirements as may be prescribed. Express opportunity to accept or decline contract (2) The supplier shall provide the consumer with an express opportunity to correct errors and to accept or decline the proposed consumer contract immediately before the consumer enters into it.

18 (1) If a consumer and supplier enter into a consumer contract, the supplier shall ensure that the contract is in writing and that it complies with such other requirements as may be prescribed in respect of the contract. Delivery (2) The supplier shall deliver a copy of the consumer contract to the consumer in accordance with the following rules: 1. The copy of the contract must be delivered in a manner that allows the supplier to prove that the consumer has received it. 2. Unless the regulations provide otherwise, the copy of the contract must be delivered immediately after entering into the contract, if the supplier and consumer are present together when they enter into the contract or if the contract is, i. a direct contract, ii. a purchase-cost-plus lease, iii. a timeshare contract, iv. a personal development services contract, or v. a contract for loan brokering, credit repair, or…

19 (1) For the purposes of this section, (a) a reference to a “continuation” of a consumer contract is a reference to a renewal or extension of a fixed-term consumer contract, and references to “continue” have the corresponding meaning; and (b) a reference to an “amendment” to a consumer contract is a reference to any change to a consumer contract, other than a change that results in the continuation of the contract, and references to “amend” have the corresponding meaning. Restriction re amendments and continuations (2) No supplier shall amend or continue or purport to amend or continue a consumer contract except as otherwise provided for in the regulations. Same (3) An amendment to or continuation of a consumer contract is void if it is not made in accordance with the regulations.

Restriction on Entering Certain Contracts

20 (1) No supplier shall, while at a consumer’s dwelling or at any other prescribed place, solicit the consumer to enter into a prescribed consumer contract or enter into such a contract unless the prescribed conditions are satisfied. 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 consumer contract to which that subsection applies. 2. Such other activities as may be prescribed. Exception (3) Despite paragraph 1 of subsection (2), leaving marketing materials at a consumer’s dwelling without attempting to contact the consumer with respect to any prescribed consumer contract constitutes solicitation if the materials contain a false, misleading, deceptive or …

Purchase-cost-plus Leases

21 (1) Subject to subsection (3), a purchase-cost-plus lease must include the following: 1. Provisions that entitle the lessee to purchase the leased goods and terminate the lease at any point during the lease term upon payment of an amount not exceeding the amount determined under the allowable buyout cost schedule mentioned in paragraph 2. 2. An allowable buyout cost schedule setting out, i. the cost for which the lessee may purchase the leased goods in accordance with the provisions described in paragraph 1, which cost may not exceed an amount determined in accordance with the regulations and must decrease to zero during the lease term, and ii. such other information as may be prescribed. Decrease in cost (2) The decrease in the cost of the leased goods to zero referred to in paragraph 2 of subsection (1) must satisfy such requirements as may be prescribed. Exception (3) A purchase-co…

22 Section 31 applies with necessary modifications to the termination of an optional service of a continuing nature provided by the lessor under a purchase-cost-plus lease.

Personal Development Services

23 Sections 24 and 25 apply in respect of personal development services or proposed personal development services for which payment in advance is required.

24 (1) No supplier shall enter into a personal development services contract for a term longer than one year after the day that all the services are made available to the consumer. Only one contract (2) No supplier shall enter into a new personal development services contract with a consumer with whom the supplier has an existing personal development services contract unless the new contract is for personal development services that are distinctly different from the services provided under the existing contract. Same (3) For the purposes of subsection (2), a different term or a different commencement date does not constitute a distinct difference in the personal development services to be provided. Continuations exempted (4) Nothing in this section prevents a personal development services contract from being continued during the term of the contract provided that the continuation is done…

25 (1) No supplier shall receive payment from a consumer for personal development services that are not available at the time the payment is made. 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.

Sectors Where Advance Payment Prohibited

26 (1) No credit repairer, loan broker, contract breaker or other supplier who supplies such goods or services as may be prescribed 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; (c) in respect of contract breaking, the contract breaker causes the consumer to have their obligations under the contract, in respect of which the consumer has engaged the contract breaker, to be terminated or to be reduced as agreed to by the contract breaker and …

PART IV CREDIT AGREEMENTS, LEASES AND PREPAID PURCHASE CARD CONTRACTS

Credit Agreements

27 If a loan broker assists a consumer to obtain credit or a loan of money and the creditor is not in the business of extending credit or lending money, the obligations that this Part would impose on a lender are deemed to be obligations of the loan broker and not the creditor, except as prescribed.

28 (1) A consumer who applies for a credit card without signing an application form is not liable to pay the lender any amount in respect of the credit card until the consumer uses the card. Credit card, deemed agreement (2) A consumer described in subsection (1) is deemed to have entered into a credit agreement with the issuer with respect to the card on first using the card.

29 If charges are incurred without the authorization of the borrower under a credit agreement for a credit card when the credit card, or information associated with the credit card, is used without the borrower’s authorization, (a) the borrower is not liable for charges that are incurred after the earlier of when the borrower gives the lender oral or written notice of, (i) the unauthorized use of the credit card or information associated with the credit card, and (ii) the loss or theft of the credit card, if applicable; (b) the maximum liability of the borrower for charges that are incurred before the borrower gives the lender oral or written notice under clause (a) is the lesser of, (i) $50 or such other amount as may be prescribed, and (ii) the amount fixed or agreed to by the lender as the maximum amount for which the borrower will be liable in such cases.

30 (1) A borrower who is required under a credit agreement to purchase insurance may purchase it from any insurer who may lawfully provide that type of insurance, except that the lender may reserve the right to disapprove, on reasonable grounds, an insurer selected by the borrower. Disclosure by lender (2) A lender who offers to provide or to arrange insurance required under a credit agreement shall at the same time disclose to the borrower in writing that the borrower may purchase the insurance through an agent or an insurer of the borrower’s choice.

31 (1) A borrower may terminate an optional service of a continuing nature provided by a lender or an associate of the lender by giving 30 days notice or such shorter period of notice as is specified in the agreement under which the service is provided. Liability of borrower (2) A borrower who terminates an optional service in accordance with subsection (1) is not liable for charges relating to any portion of the service that has not been provided at the time of termination and is entitled to a refund of amounts already paid for those charges. Notice (3) Notice under subsection (1) may be given in any way, as long as it indicates the intention of the borrower to terminate the optional service and section 68 applies, with necessary modifications, to such notice.

32 (1) If the lender under a credit agreement invites the borrower to defer making a payment that would otherwise be due under the agreement, the invitation must disclose whether or not interest will accrue on the unpaid amount during the period of the deferral and, if interest will accrue, the invitation must also disclose the interest rate. Waiver of interest (2) If the lender does not comply with subsection (1), the lender is deemed to have waived the interest that would otherwise accrue during the period.

33 A lender is not entitled to impose on a borrower under a credit agreement default charges other than, (a) reasonable charges in respect of legal costs that the lender incurs in collecting or attempting to collect a required payment by the borrower under the agreement; (b) reasonable charges in respect of costs, including legal costs, that the lender incurs in realizing a security interest or protecting the subject matter of a security interest after default under the agreement; or (c) reasonable charges reflecting the costs that the lender incurs because a cheque or other instrument of payment given by the borrower under the agreement has been dishonoured.

34 (1) A borrower is entitled to pay the full outstanding balance under a credit agreement at any time without any prepayment charge or penalty. Refund or credit to borrower (2) If a borrower prepays the full outstanding balance under a credit agreement for fixed credit, the lender shall refund to the borrower or credit the borrower with the portion, determined in the prescribed manner, of the amounts that were paid by the borrower under the agreement or added to the balance under the agreement and that form part of the cost of borrowing, other than amounts paid on account of interest. Partial prepayment (3) A borrower is entitled to prepay a portion of the outstanding balance under a credit agreement for fixed credit on any scheduled date of the borrower’s required payments under the agreement or once in any month without any prepayment charge or penalty. No credit to borrower (4) A bor…

35 No lender shall make representations or cause representations to be made with respect to a credit agreement, whether orally, in writing or in any other form, unless the representations satisfy the prescribed requirements.

36 Disclosure statements in respect of credit agreements shall disclose the prescribed information and shall be made and delivered in accordance with the regulations.

37 (1) If the amount to be paid by a consumer under a consumer contract is determined after an allowance for a trade-in and is stated in the contract to be subject to adjustment after the existence or amount of liens against the trade-in is ascertained or confirmed, any statements of the terms of payment and the cost of borrowing, as required under this Act, shall be based upon the amount as determined upon the information provided by the consumer. Further adjustments (2) If there is an additional adjustment to the amount to be paid by a consumer under a consumer contract to which subsection (1) applies after the adjustment under that subsection, the contract shall not be adjusted to change, (a) the percentage rate by which the cost of borrowing is expressed; (b) the total number of instalments required to pay the total indebtedness; or (c) the price shown in the contract.

Leases

38 (1) Sections 39 to 41 apply to, (a) leases for a fixed term of four months or more; (b) leases for an indefinite term or that are renewed automatically until one of the parties takes positive steps to terminate them; (c) residual obligation leases; and (d) such other leases that are prescribed. Exception (2) Despite subsection (1), sections 39 to 41 do not apply to purchase-cost-plus leases.

39 No person shall make representations or cause representations to be made about the cost of a lease, whether orally, in writing or in any other form, unless the representations satisfy the prescribed requirements.

40 (1) Every lessor shall deliver a disclosure statement for a lease to the lessee before the earlier of, (a) the time that the lessee enters into the lease; and (b) the time that the lessee makes any payment in connection with the lease. Contents of statement (2) The disclosure statement for a lease shall disclose the prescribed information.

41 (1) The maximum amount of compensation that may be charged to a lessee by a lessor for termination of a lease before the end of the lease term may be limited as prescribed. Residual obligation lease (2) The maximum liability of the lessee at the end of the term of a residual obligation lease after returning the leased goods to the lessor shall be the amount calculated in the prescribed manner.

Prepaid Purchase Card Contracts

42 (1) A supplier of a prepaid purchase card contract shall ensure that the contract contains such information as may be prescribed and complies with such other requirements as may be prescribed. Requirements, supplier (2) A supplier of a prepaid purchase card contract shall comply with such requirements as may be prescribed, including any requirements in respect of fees or other charges.

43 (1) No supplier shall enter into a prepaid purchase card contract that has an expiry with respect to the performance of the contract. Same (2) A prepaid purchase card contract with an expiry date with respect to its performance shall be effective as if it has no expiry date if the contract is otherwise valid.

PART V CONSUMER REMEDIES

General

44 (1) A consumer contract is not binding on the consumer unless the contract is made in accordance with this Act and the regulations. Court may order consumer bound (2) Despite subsection (1), a court may order that a consumer is bound by all or a portion or portions of a consumer contract, even if the contract has not been made in accordance with this Act or the regulations, if the court determines that it would be inequitable in the circumstances for the consumer not to be bound.

45 (1) A consumer contract entered into in contravention of subsection 24 (2) and any related agreements are deemed to be void. Same (2) A consumer contract entered into in contravention of subsection 20 (1) and any related agreements are deemed to be void, and any goods or services supplied under such a contract are deemed to be unsolicited goods or services to which subsections 11 (1), (2) and (3) apply. Third party charges (3) If a supplier supplies goods or services to a consumer under a consumer contract that is void under subsection (2) and the consumer incurs charges from a third party that are related to the contract, including, but not limited to, charges in respect of the removal or return of any goods, the supplier is liable to reimburse the consumer for the amount of all those charges. Recovery of amount (4) The consumer may commence an action to recover the amount described …

46 (1) If a supplier assigns a consumer contract or any right to payment under a consumer contract to another person, the assignee has no greater rights than, and is subject to the same obligations, liabilities and duties as, the supplier in connection with the contract, and the provisions of this Act and the regulations apply equally to the assignee. Same (2) Despite subsection (1), if a consumer contract to which subsection 49 (1) or (2) applies has been assigned or if any right to payment under such a consumer contract has been assigned, the liability of the person to whom it has been assigned is limited to the amount paid to that person by the consumer. Credit agreements (3) Despite subsection (1), if a consumer contract that is a credit agreement has been assigned or if any right to payment under a consumer contract that is a credit agreement has been assigned, the borrower shall no…

47 (1) If a supplier has charged a fee or an amount in contravention of this Act or the regulations or received a payment in contravention of this Act or the regulations, the consumer who paid the charge or made the payment may demand a refund by giving notice in accordance with section 68 within one year after paying the charge or making the payment. Supplier to provide refund (2) A supplier who receives a notice demanding a refund under subsection (1) shall provide the refund within 15 days after the consumer demands it. Right of action (3) The consumer may commence an action to recover, (a) the payment of a fee or an amount that was charged by the supplier in contravention of this Act or the regulations; or (b) a payment that was received by the supplier in contravention of this Act or the regulations.

48 (1) A consumer who has charged to a credit card account all or any part of a payment described in subsection (2) may request the credit card issuer to cancel or reverse the credit card charge and any associated interest or other charges. Types of payment (2) Subsection (1) applies to, (a) a payment in respect of a consumer contract that has been cancelled under this Act or in respect of any related agreement; (b) a payment that was received in contravention of this Act; (c) a payment in respect of a fee or an amount that was charged in contravention of this Act; and (d) a payment that was collected in respect of unsolicited goods or services for which payment is not required under section 11. Timing of request (3) A consumer may make a request under subsection (1) if the consumer has cancelled a consumer contract or demanded a refund in accordance with this Act, and the supplier has n…

Rescission, Cancellation, Etc.

49 (1) Any consumer contract, whether written, oral or implied, in respect of which an unfair practice occurred, whether the unfair practice occurred before, during or after the contract was entered into, may be rescinded by the consumer and the consumer is entitled to any remedy that is available in law, including damages. Remedy if rescission not possible (2) A consumer is entitled to recover the amount by which the consumer’s payment under the consumer contract exceeds the value that the goods or services have to the consumer or to recover damages, or both, if rescission of the contract 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 contract, other than a right to payment, that the third party has acquired in good fa…

50 (1) A consumer may, without any reason, cancel any of the following consumer contracts at any time after the date of entering into the contract until 10 days after the date on which the consumer has received the written copy of the contract or after such other date as may be prescribed for the particular contract: 1. A direct contract. 2. A purchase-cost-plus lease. 3. A timeshare contract. 4. A personal development services contract. 5. A contract for loan brokering, credit repair, or contract breaking. 6. Other contracts as may be prescribed. Exception (2) For greater certainty, subsection (1) does not apply in respect of a consumer contract that is amended or continued.

51 A consumer may cancel a consumer contract to which Part III applies within one year after the date of entering into the contract if the contract is not made in accordance with subsection 18 (1) or is not delivered to the consumer in accordance with subsection 18 (2).

52 A consumer may cancel a purchase-cost-plus lease within one year after the date of entering into the lease if the lease is not made in accordance with subsections 21 (1) or (2).

53 A consumer may cancel a prepaid purchase card contract within one year after the date of entering into the contract if the consumer does not receive a copy of the contract that satisfies the requirements required by subsection 42 (1).

54 (1) A consumer may cancel a consumer contract within one year after the date of entering into the contract if the contract or a related agreement contains a term or acknowledgement that is deemed to be void under subsection 14 (2). Exception (2) Subsection (1) does not apply to, (a) a credit agreement, other than a supplier credit agreement; or (b) a lease described in subsection 38 (1), unless the lease is a purchase-cost-plus lease or the lease is a direct contract. Cancellation: late delivery or performance

55 (1) This section applies in respect of a consumer contract for which delivery, performance or payment in full is not made when the parties enter into the contract and the consumer’s total potential payment obligation under the contract exceeds such amount as may be prescribed, in respect of that contract, for the purposes of this subsection. Exception (2) Despite subsection (1), this section does not apply to, (a) a credit agreement, other than a supplier credit agreement; or (b) a lease described in subsection 38 (1), unless the lease is a purchase-cost-plus lease or the lease is a direct contract. Cancellation (3) The consumer may cancel the consumer contract at any time before delivery under the contract or the commencement of performance under the contract if the supplier, (a) does not make delivery within 30 days after the delivery date specified in the contract or an amended del…

56 (1) This section and the regulations made for the purposes of this section apply in respect of a timeshare contract and any related agreement entered into before, on or after the day this section comes into force, including a contract or related agreement entered into before the day the Better for Consumers, Better for Businesses Act, 2023 received Royal Assent. Modification, extinguishment of rights (2) For clarity, if this section and the regulations made for the purposes of this section apply to a timeshare contract and any related agreement that was entered into before the day this section comes into force, including a contract or related agreement entered into before the day the Better for Consumers, Better for Businesses Act, 2023 received Royal Assent, this section and those regulations may have the effect of modifying or extinguishing any right, obligation or interest acquired…

57 If a consumer has a right to rescind a consumer contract under subsection 49 (1), seek recovery under subsection 49 (2), cancel a consumer contract under section 50, 51, 52, 53, 54 or 55, or exercise the timeshare termination right under section 56, the consumer may do so by giving notice in accordance with section 68.

58 (1) The rescission of a consumer contract under subsection 49 (1) or the cancellation of a consumer contract under section 50, 51, 52, 53, 54 or 55 operate to cancel, as if they never existed, the contract and all related agreements. Effective time (2) The rescission or cancellation takes effect when the consumer gives the notice referred to in section 57.

59 (1) If a consumer cancels a consumer contract under section 50, 51, 52, 53, 54 or 55, the supplier shall refund to the consumer any payment made under the contract or any related agreement within 15 days after the contract is cancelled. Refund of other currencies (2) If any part of the payment made under the consumer contract or any related agreement was in a currency other than the currency expressed in the contract, the amount of the refund under subsection (1) in respect of that part of the payment shall be an amount equal to the value the parties placed on the payment when the contract was entered into in the currency expressed in the contract. Refund of trade-in allowance (3) If any part of the payment made under the consumer contract or a related agreement was in the form of a trade-in arrangement, the amount of the refund under subsection (1) in respect of that part of the paym…

60 If a consumer rescinds a consumer contract under subsection 49 (1), cancels a consumer contract under section 50, 51, 52, 53, 54 or 55 or terminates a purchase-cost-plus lease, the supplier must do the following within 15 days after the rescission, cancellation or termination, as applicable: 1. Register a certificate of discharge to discharge any notice of security interest that has been registered on title to land under section 54 of the Personal Property Security Act in respect of goods provided under the contract or any related agreement. 2. In accordance with such requirements as may be prescribed, register any document or instrument as may be required to discharge or remove a prescribed registration, notice or instrument that has been registered to protect an interest in goods provided under the contract or any related agreement.

61 (1) If a consumer cancels a consumer contract under section 50, 51, 52, 53, 54 or 55, the supplier may, no later than 15 days after the consumer cancels the contract, notify the consumer, in writing, that, (a) the consumer must return the goods to the supplier by mail or courier service; or (b) the supplier will contact the consumer within 30 days after the consumer cancelled the contract to arrange for the repossession of the goods at the consumer’s address. Same, re prescribed direct contract or a purchase-cost-plus lease (2) Clause (1) (a) does not apply in respect of a prescribed direct contract that is cancelled or a prescribed purchase-cost-plus lease that is cancelled. Cost of returned goods (3) If a notice is given under subsection (1), the supplier shall pay all costs associated with returning or repossessing the goods, as the case may be. Acceptance of returned goods (4) A s…

62 (1) If a consumer receives a notice under clause 61 (1) (a), the consumer shall return the goods to the supplier no later than 15 days after receiving the notice. Deemed date of return (2) Goods that are returned by a consumer under subsection (1) are deemed to have been returned when sent by the consumer to the supplier. Agree to repossession of goods (3) If a consumer receives a notice under clause 61 (1) (b), the consumer shall agree to a reasonable time for the repossession and shall allow the supplier to repossess the goods at the consumer’s address at the agreed upon time. Period of reasonable care (4) A consumer who cancels a consumer contract under section 50, 51, 52, 53, 54 or 55 shall keep the goods that the consumer receives under the contract in reasonable condition for a period that begins on the day the consumer cancels the contract and ends, (a) if the supplier does not…

63 Despite sections 61 and 62, if a consumer cancels a consumer contract under section 50, 51, 52, 53, 54 or 55 and any goods received under the contract are created, recorded, transmitted or stored in digital form or in other intangible form by electronic, magnetic or optical means or by any other means that has capabilities for creation, recording, transmission or storage similar to those means, a consumer who receives from the supplier a written direction to destroy the goods shall destroy the goods as soon as feasible after the supplier pays the refund to the consumer as required by subsection 59 (1) in accordance with such instructions as may be set out in the direction.

64 If the consumer recovers an amount equal to the trade-in allowance under subsection 59 (3) and the title of the consumer to the goods delivered under the trade-in arrangement has not passed from the consumer, the title to the goods vests in the person entitled to the goods under the trade-in arrangement.

65 Despite sections 58 to 64, in the prescribed circumstances, the effect of cancelling a consumer contract under this Part by a consumer and the obligations arising as a result of the cancellation of the contract may be subject to such limitations as may be prescribed.

Credit Agreement or Lease: Non-Compliance

66 A borrower under a credit agreement is not liable to pay the lender, (a) the cost of borrowing under a credit agreement if the credit agreement contains a term or acknowledgement set out in subsection 14 (1); (b) the cost of borrowing under a credit agreement if the borrower does not receive any of the statements required by Part IV; or (c) as part of the cost of borrowing under a credit agreement, any amount in excess of the amounts specified in the statements that Part IV requires to be delivered to the borrower in respect of the agreement.

67 A lessee under a lease to which Part IV applies is not liable to pay the lessor, (a) the implicit finance charge for the lease, if the lease contains a term or acknowledgment set out in subsection 14 (1); (b) the implicit finance charge for the lease, if the lessee does not receive a disclosure statement for the lease as required under subsection 40 (1); or (c) any amount in excess of the amount specified as the implicit finance charge for the lease in the disclosure statement received by the lessee.

Procedures for Remedies

68 (1) If this Act or the regulations require a consumer to give notice to a supplier to request a remedy, the consumer may do so by giving notice in accordance with this section. Same (2) The notice may be expressed in any way, as long as it indicates the intention of the consumer to seek the remedy being requested and complies with such other requirements as may be prescribed. Giving notice (3) Unless the regulations provide otherwise, the notice may be oral or in writing and may be given by any means. Notice given when sent (4) If notice in writing is given other than by personal service, the notice is deemed to be given when sent. Address (5) The consumer may send or deliver the notice to the address of the supplier that is set out in the consumer contract or, if the address of the supplier is not set out in the contract or the consumer did not receive a written copy of the contract,…

69 (1) If a consumer has a right to commence an action under this Act, the consumer may commence the action in the Superior Court of Justice. Judgment (2) If a consumer is successful in an action, unless in the circumstances it would be inequitable to do so the court shall order that the consumer recover, (a) the full payment to which the consumer is entitled under this Act; or (b) in the case of an action brought in respect of a refund, three times the amount of the refund. Same (3) In addition to an order under subsection (2), the court may order exemplary or punitive damages or such other relief as the court considers proper.

70 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 contract.

71 (1) After a dispute arises over which a consumer may commence an action in the Superior Court of Justice under this Act or that may result in a class proceeding, the consumer, the supplier and any other person involved in the dispute may agree, (a) despite clause 14 (1) (a), to resolve the dispute using any procedure that is available in law even if such agreement prevents the consumer from exercising a right to commence an action in the Superior Court of Justice given under this Act; (b) despite clause 14 (1) (b), to resolve the dispute using any procedure that is available in law even if such agreement prevents the consumer from commencing or becoming a member of a class proceeding; and (c) despite clause 14 (1) (f), that the consumer is prevented from publishing or communicating a review of the supplier or of the goods or services supplied. Settlements or decisions (2) A settlement…

72 If a consumer is required to give notice under this Act in order to obtain a remedy, a court may disregard the requirement to give the notice or any requirement relating to the notice if it is in the interest of justice to do so.

PART VI GENERAL

Powers and Duties of Minister and Director

73 (1) The Minister may enforce this Act, the regulations and other legislation for the protection of consumers. Enforcement agreements (2) For the purpose of enforcing this Act, the regulations and other legislation for the protection of consumers, the Minister may, (a) enter into agreements with law enforcement agencies in Canada and other jurisdictions; and (b) for the purposes of clause (a), share and exchange information concerning breaches or possible breaches of this Act, the regulations or other legislation for the protection of consumers.

74 (1) The Director shall perform such duties and exercise such powers as are given to or conferred upon the Director under this or any other Act. Public record (2) The Director shall maintain, in accordance with the prescribed requirements, a public record which contains the prescribed documents and information. Agreements for shared information (3) The Director may enter into an agreement with any of the following entities for that entity to disclose information to the Ministry for the purpose of making the information publicly available for the purposes of this section: 1. Another ministry of the Government of Ontario, a corporation that administers legislation on behalf of that Government or an agency, board or commission established under an Act of Ontario. 2. A municipality in Ontario or one of its agencies, boards or commissions. 3. The Government of Canada or one of its ministrie…

75 (1) The Director may establish policies regarding the interpretation, administration and enforcement of this Act or the regulations. Publicly available (2) The Director shall ensure that any policies established under subsection (1) are made available to the public.

Complaints and Mediation

76 (1) The Ministry may, (a) provide or disseminate information for the purpose of educating and advising consumers; (b) receive complaints concerning conduct that may be in contravention of this Act or the regulations, of other legislation for the protection of consumers or of any other prescribed Act, whether the conduct constitutes an offence or not; and (c) make inquiries, gather information and attempt to mediate or resolve complaints, as appropriate, concerning any matter that comes to its attention that may be in contravention of this Act or the regulations, of other legislation for the protection of consumers or of any other prescribed Act, whether the matter constitutes an offence or not. Mediation (2) The Ministry may mediate a complaint if the parties to the complaint agree to mediation. Agreement to mediate (3) The agreement to mediate a complaint shall be signed by the parti…

Inspectors

77 The Director may, in writing, (a) appoint persons as inspectors for the purposes of this Act and the regulations; and (b) designate persons, including persons engaged as inspectors or investigators for the purposes of any other Act, as inspectors for the purposes of this Act and the regulations or for any specific purposes of this Act or the regulations provided for in the designation.

78 (1) An inspector may, without a warrant, enter and inspect any place in order to perform an inspection to ensure this Act and the regulations are being complied with. Time of entry (2) The power to enter and inspect a place without warrant may only be exercised during the place’s regular business hours, or during other reasonable times. Dwellings (3) The power to enter and inspect a place without a warrant shall not be used to enter and inspect a place or a part of a place that is used as a dwelling. Use of force (4) An inspector is not entitled to use force to enter and inspect a place. Identification (5) An inspector shall, upon request, produce evidence of their appointment or designation. Powers of inspector (6) An inspector conducting an inspection may, (a) examine a record or other thing that the inspector thinks may be relevant to the inspection; (b) require the production of a…

79 (1) The Director may delegate to an inspector, subject to any conditions set out in the delegation, the power to do anything that the Director may do under the following sections and anything done by an inspector pursuant to such a delegation is, for all purposes, as effective as if it were done by the Director: 1. Section 86 (False, misleading or deceptive representation). 2. Section 87 (Freeze order). 3. Section 88 (Undertaking of voluntary compliance). 4. Section 89 (Compliance order). 5. Section 90 (Order for immediate compliance). 6. Section 91 (Revocation of order by Director). 7. Section 93 (Compliance order, etc. re duty to discharged registered notices). 8. Section 95 (Administrative penalty). 9. Section 106 (Liens and charges). In writing (2) A delegation under this section must be in writing. References to Director (3) If an inspector has done anything pursuant to a delegat…

Investigators

80 (1) The Director may appoint persons to be investigators for the purposes of conducting investigations. Certificate of appointment (2) The Director shall issue to every investigator a certificate of appointment bearing the Director’s signature or a facsimile of the signature. Production of certificate of appointment (3) Every investigator who is conducting an investigation, including under section 81, shall, upon request, produce the certificate of appointment as an investigator.

81 (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if the justice of the peace is satisfied by information given under oath or affirmation that there are reasonable grounds for believing that, (a) an inspector is being prevented from doing anything the inspector is entitled to do under section 78; or (b) a person has contravened or is contravening this Act or the regulations, and there is, (i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations, or (ii) information or evidence relating to the contravention of this Act or the regulations that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant. Powers under warrant (2) Subject to any conditions contained in it, a warrant obtained under subsection …

82 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of the investigator’s duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

83 (1) An investigator may exercise any of the powers described in subsection 81 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant. Dwellings (2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling. Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary. Applicability of s. 81 (4) Subsections 81 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

84 (1) An investigator who seizes any thing under the authority of section 81, 82 or 83 shall bring it before a justice of the peace or, if that is not reasonably possible, shall report the seizure to a justice of the peace. Procedure (2) Sections 159 and 160 of the Provincial Offences Act apply, with necessary modifications, in respect of a thing seized under the authority of section 81, 82 or 83 of this Act.

85 (1) On application without notice by an investigator, a justice of the peace may issue a production order to a person, other than a person under investigation for an offence, requiring the person to, (a) produce documents or copies of documents, certified by affidavit to be true copies, or produce data; or (b) prepare a document based on documents or data already in existence and produce it. Contents of order (2) A production order must stipulate when, where and how the documents or data are to be produced, and to whom they are to be produced. Grounds (3) A justice of the peace may make a production order if satisfied by information given under oath or affirmation that there are reasonable grounds to believe that, (a) an offence under this Act has been or is being committed; (b) the document or data will provide evidence respecting the offence or suspected offence; and (c) the person …

Orders

86 (1) If the Director believes on reasonable grounds that any person is making a false, misleading or deceptive representation in an advertisement, circular, pamphlet or material published by any means, the Director may, (a) order the person to cease making the representation; and (b) order the person to retract the representation or publish a correction of equal prominence to the original publication. Exception (2) Despite subsection 10 (4), an order under subsection (1) of this section may be made against a person who, on behalf of another person, prints, publishes, distributes, broadcasts or telecasts a representation that the person accepted in good faith for printing, publishing, distributing, broadcasting or telecasting in the ordinary course of business. Order effective (3) The order takes effect immediately upon being made. Service (4) The Director shall serve the order, togethe…

87 (1) If the conditions in subsection (2) are met, the Director may, in writing, (a) order any person having on deposit or controlling any assets or trust funds of a supplier or former supplier to hold those funds or assets; (b) order a supplier or former supplier to refrain from withdrawing any asset or trust fund from a person having them on deposit or controlling them; or (c) order a supplier or former supplier to hold any asset or trust fund of a consumer or other person in trust for the person entitled to it. Conditions (2) The Director may make an order under subsection (1) if the Director believes that it is advisable for the protection of consumers and, (a) a search warrant has been issued under this Act; (b) an order has been made under section 89 or 90; or (c) there has been an undertaking of voluntary compliance under section 88. Person engaged in unfair practice (3) Subsecti…

88 (1) At any time before all rights of appeal are exhausted or the time for appeals has expired without an appeal being commenced, any person against whom the Director has made or is considering making an order under section 89 or 90 may enter into a written undertaking of voluntary compliance to, (a) not engage in the specified act after the date of the undertaking; (b) provide a refund or other payment to a consumer; (c) discharge or remove a notice of security interest or other prescribed registration, notice or instrument that has been registered in respect of goods provided under a consumer contract or any related agreement that has been rescinded, cancelled or terminated; (d) publicize the undertaking or the actions being undertaken as a result of the undertaking; (e) pay any cost incurred in investigating the person’s activities, any legal costs incurred in relation to the person…

89 (1) If the Director believes on reasonable grounds that a person has contravened any requirement under this Act, whether the contravention would constitute an offence or not, the Director may propose to make an order directing the person to comply with the requirement. Same re persons facilitating (2) If the Director proposes to make an order against a person under subsection (1) and the Director believes on reasonable grounds that another person is facilitating the person’s contravention of a requirement under this Act, the Director may propose to make an order directing the person who is facilitating the contravention to cease doing so. Order for refund or other payment (3) For greater certainty, if the Director proposes to make an order under subsection (1) directing a person to comply with a requirement to provide a refund or other payment to a consumer, the proposed order may spe…

90 (1) Despite subsection 89 (1), the Director may make an order against a person requiring immediate compliance with a requirement under this Act if, in the Director’s opinion, it is in the public interest to do so. Same re facilitator (2) Despite subsection 89 (2), if the Director makes an order against a person under subsection (1) of this section in respect of non-compliance with a requirement under this Act, the Director may make an order directing a person who is facilitating the non-compliance to immediately cease doing so if, in the Director’s opinion, it is in the public interest to do so. When order takes effect (3) An order made under this section takes effect immediately. Order for refund or other payment (4) For greater certainty, if the Director makes an order under subsection (1) for immediate compliance requiring that a person comply with a requirement to provide a refund…

91 The Director may revoke, in whole or part, an order made under subsection 86 (1), 89 (1), 89 (2), 90 (1) or 90 (2), if, (a) in the Director’s opinion, it is appropriate in the circumstances to do so; and (b) the Tribunal has not made an order in accordance with subsection 86 (9), 89 (6) or 90 (6), as applicable, with respect to the person against whom the order was made.

92 (1) A person against whom an order is made under subsection 89 (2) or 90 (2) may apply to the Director for reconsideration of the order if both of the following circumstances exist: 1. The Tribunal has not made an order in accordance with subsection 89 (6) or 90 (6), as applicable, with respect to the person against whom the order was made under subsection 89 (2) or 90 (2). 2. The Tribunal has made an order in accordance with subsection 89 (6) or 90 (6) with respect to the related order made under subsection 89 (1) or 90 (1), as applicable. Powers of Director (2) On an application for reconsideration, the Director may confirm, revoke or vary the order. Director’s decision final (3) A decision made by the Director under subsection (2) is final and not subject to appeal. Compliance order, etc., re duty to discharge registered notices

93 (1) This section applies to an order made under subsection 89 (1) or (2) or 90 (1) or (2) against a person, if the order relates to the person contravening section 60. Rules re par. 1 of s. 60 (2) If the order relates to the contravention of paragraph 1 of section 60, the following rules apply if all rights of appeal are exhausted with respect to the order or the time for appeals has expired without an appeal being commenced: 1. The Director may issue to a consumer an order directing the appropriate land registrar to delete the notice of security interest referred to in paragraph 1 of section 60 from title to the land identified in the order. 2. The consumer, after receipt of the order, may register the order in the proper land registry office in a manner approved by the Director of Titles appointed under the Land Titles Act. 3. Upon registration of the order, the land registrar shall…

94 (1) If it appears to the Director that a person is not complying with this Act or the regulations or an order made under this Act, the Director may apply to the Superior Court of Justice for an order directing that person to comply and, upon the application, the court may make such order as the court thinks fit. Same (2) Subsection (1) applies in addition to any other procedures that may be available to the Director, whether or not the Director has exercised such procedures. Appeal (3) An appeal lies to the Divisional Court from an order made under subsection (1).

Administrative Penalties

95 (1) If the Director is satisfied that a person has contravened or is contravening a prescribed provision of this Act or the regulations, the Director may, by order, impose an administrative penalty against the person in accordance with this section and the regulations made by the Minister. Purpose (2) An administrative penalty may be imposed under this section for one or more of the following purposes: 1. To promote compliance with this Act and the regulations. 2. To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening a provision of this Act or the regulations. Amount (3) The amount of an administrative penalty shall reflect the purposes of the penalty and shall be the amount prescribed by the Minister, which amount shall not exceed $50,000. Form of order (4) An order made under subsection (1) imposing an administrative penalty agai…

96 (1) The person against whom an order made under subsection 95 (1) imposes an administrative penalty may appeal the order to the Tribunal by delivering a written notice of appeal to the Tribunal within 15 days after receiving the order. Extension of time for appeal (2) The Tribunal may extend the time period for appealing and may determine the circumstances in which extensions are given. Form of notice (3) The notice of appeal shall be in the form that the Tribunal determines. Filing of notice (4) The person against whom the order imposing the administrative penalty is made shall file the notice of appeal in the manner that the Tribunal determines. Stay (5) An appeal commenced in accordance with subsection (1) operates as a stay of the order until disposition of the appeal. Opportunity for submissions (6) Before disposing of an appeal, the Tribunal shall give the person against whom th…

97 If a person against whom an order imposing an administrative penalty is made pays the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the person cannot be charged with an offence under this Act in respect of the same contravention on which the order is based and no other prescribed measure shall be taken against the person in respect of the same contravention on which the order is based.

98 (1) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court. Date of order (2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court is deemed to be the date of the order. Debt due to Crown (3) An administrative penalty that is not paid in accordance with the terms of the order imposing it or, if the order is varied on appeal, in accordance with the terms of the varied order is a debt due to the Crown and is enforceable as such.

Confidentiality, Service, Etc.

99 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b) to a ministry, department or agency of a government for the purpose of assisting that ministry, department or agency in administering legislation for which it is responsible; (c) as authorized under the Regulatory Modernization Act, 2007; (d) to a prescribed entity or organization, if the purpose of the communication is consumer protection; (e) to a law enforcement agency; (f) to their counsel; or (g) with the consent of the person to whom the information relates. Testi…

100 (1) Any notice or order required to be given or served by the Director under this Act is sufficiently given or served if, (a) delivered personally; (b) sent by registered mail; or (c) sent by another manner if the Director can prove receipt of the notice or order. Deemed service (2) Where service is made by registered mail, the service is deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice or order until a later date. Exception (3) Despite subsection (1), the Tribunal may order any other method of service.

101 (1) For all purposes in any proceeding, a statement purporting to be certified by the Director is, without proof of the office or signature of the Director, admissible in evidence as proof in the absence of evidence to the contrary, of the facts stated in it in relation to, (a) the filing or non-filing of any document or material required or permitted to be filed; or (b) the time when the facts upon which the proceedings are based first came to the knowledge of the Director. Same (2) A statement purporting to be certified by an official acting under legislation that protects consumers in another jurisdiction, as prescribed, shall have the same force and effect as a certificate of the Director issued under subsection (1). Proof of document (3) Any document made under this Act that purports to be signed by the Director or a certified copy of the document is admissible in evidence in an…

Offences

102 (1) A person is guilty of an offence if the person, (a) fails to comply with any order, direction or other requirement under this Act; or (b) contravenes or fails to comply with any provision of this Act or the regulations. Attempt (2) Any person who attempts to commit any offence mentioned in subsection (1) is guilty of an offence. Liability of officers and directors (3) If a corporation commits an offence mentioned in subsection (1) or (2), an officer or director of the corporation, or any individual acting or claiming to act in that capacity, is party to and guilty of the offence unless the individual proves, on the balance of probabilities, that they took all reasonable care to prevent the commission of the offence. Same (4) Subsection (3) applies whether or not the corporation has been prosecuted or convicted of the offence. Penalties (5) An individual who is convicted of an off…

103 (1) If a person is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person convicted to make restitution. Notification of order (2) Where a court makes an order for restitution, it shall cause a copy of the order or a notice of the content of the order to be given to the person to whom the restitution is ordered to be paid. Filing of order in court (3) An order for restitution may be filed with a local registrar of the Superior Court of Justice and the responsibility for filing shall be on the person to whom the restitution is ordered to be paid. Enforcement of order (4) An order for restitution filed under subsection (3) may be enforced as if it were an order of the court. Same (5) Section 129 of the Courts of Justice Act applies in respect of an order for restitution filed under subsection (3) of this section a…

104 (1) If a person is convicted of an offence under this Act, the court making the conviction may, if it considers it just to do so having regard to all the circumstances, order that, (a) the registrar amend the information recorded in the central file of the registration system to indicate that the registration of a financing statement has been discharged or partially discharged, as the case may be; or (b) the land registrar delete any entry in the books of the land registry office related to a notice of security interest or that the land registrar amend the books of the land registry office to indicate that a security interest has been discharged or partially discharged, as the case may be. Meaning of words and expressions (2) Words and expressions used in clauses (1) (a) and (b) have the same meaning as in subclauses 56 (5) (b) (i) and (ii) of the Personal Property Security Act.

105 (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the Director may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default. Where payment made (2) Within 10 days after the Director has received notice that the fine has been paid in full, the Director shall inform the consumer reporting agency of the payment.

106 (1) If a fine payable as a result of a conviction for an offence under this Act or an administrative penalty is in default for at least 60 days, the Director may by order create a lien against the property of the person who is liable to pay the fine or administrative penalty. Liens on personal property (2) If the lien created by the Director under subsection (1) relates to personal property, (a) the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act; (b) the lien is deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and (c) the Director may perfect the security interest referred to in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act. Liens and charges on real property (3)…

Regulations

107 (1) The Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or advisable for the purposes of this Act, including, 1. prescribing anything in this Act that is described as being prescribed, done in accordance with the regulations or provided for in the regulations, including governing anything described as being prescribed, done in accordance with the regulations or provided for in the regulations, which is not already provided for in this subsection, other than a matter that this Act describes as being prescribed by the Minister or provided for in regulations made by the Minister; 2. exempting any supplier, consumer transaction, goods or services, representation, any combination of any of them or any class of any of them from this Act or any provision of this Act or the regulations, a…

108 (1) The Minister may make regulations, (a) governing any matter that this Act describes as being prescribed by the Minister or provided for in regulations made by the Minister; (b) specifying different administrative penalties for the contravention of different prescribed provisions of this Act or the regulations, different portions of those prescribed provisions or different prescribed requirements in those prescribed provisions; (c) governing the procedure for making an order under section 95 for an administrative penalty and the rights of the parties affected by the procedure, including the time at which the order is deemed to be served on the person against whom the order is made; (d) providing that the prescribed amount of an administrative penalty mentioned in subsection 95 (3) shall be calculated on the basis specified in the regulation, including an amount reflecting the numb…

109 (1) Except as otherwise provided for under this Act, no supplier or other person is entitled to compensation as a result of the enactment of this Act or any regulation, order or other instrument made by the Lieutenant Governor in Council, the Minister, the Director or the Tribunal under this Act, including an order or other instrument made by a delegate of the Director. No expropriation or injurious affection (2) Nothing done or not done in accordance with this Act or the regulations under it constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. Part VII (OMITTED)

110-119 Omitted (amends, repeals or revokes other legislation).

120 Omitted (provides for coming into force of provisions of this Act).

121 Omitted (enacts short title of this Act). ______________