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Business Practices and Consumer Protection Act

[SBC 2004] CHAPTER 2

Assented to March 31, 2004

Part 1 — Definitions and Application
2Application of this Act
3Waiver or release void except as permitted
Part 2 — Unfair Practices
Division 1 — Deceptive Acts or Practices
4Deceptive acts or practices
5Prohibition and burden of proof
Division 2 — Unconscionable Acts or Practices
7Application of this Division
8Unconscionable acts or practices
9Prohibition and burden of proof
10Remedy for an unconscionable act or practice
Division 3 — Unsolicited Goods or Services
11Definition and interpretation
12Unsolicited goods or services
13Material change resulting in unsolicited goods or services
14Consumer's remedy if unsolicited goods or services
Part 3 — Rights of Assignees and Guarantors Respecting Consumer Credit
15Assignee's obligations
16Guarantor has same rights as consumer
Part 4 — Consumer Contracts
Division 1 — Definitions and Application
Division 2 — Direct Sales, Future Performance and Time Share Contracts
19Required contents
20Direct sales contracts
21Direct sales contracts — cancellation
22Credit agreement respecting direct sales contract
23Future performance contract
24Continuing services contract — terms
25Continuing services contract — cancellation
26Time share contract
27Refunds by supplier on cancellation
28Return of goods by consumer on cancellation
Division 3 — Preneed Cemetery or Funeral Services, Funeral and Interment Right Contracts
30Prohibition on solicitation
31Requirement for schedule of rates
32Requirement to give accurate information
33Prohibited charges respecting containers
34Funeral contract
35Preneed cemetery or funeral services contract —initial disclosure statement
36Preneed cemetery or funeral services contract
37Special provisions for right of interment
38Preneed cemetery or funeral services contracts — refunds on cancellation
39Preneed cemetery or funeral services contract — failure to provide services
40Money received under contract to be held in trust
41Funds exempt from seizure
42Restrictions on representations respecting right of interment
43Interment right contract
44Rights not held by interment right holder
45Refunds by supplier on cancellation
Division 4 — Distance Sales Contracts
46Disclosure of information
47Distance sales contract in electronic form
48Copy of distance sales contract
49Cancellation of distance sales contract
50Refunds by supplier on cancellation
51Return of goods by consumer on cancellation
52Consumer's recourse regarding credit card charges
Division 5 — General
53When goods and services supplied
54How to give notice of cancellation
55Recovery of refund
56Cancellation of preauthorized payments
Part 4.1 — Prepaid Purchase Cards
56.2No expiry date
56.3Fees prohibited except as permitted by regulation
56.4Information to be provided
56.5Regulations respecting prepaid purchase cards
Part 5 — Disclosure of the Cost of Consumer Credit
Division 1 — Definitions and Application
58Application of this Part
Division 2 — Advertising
59Disclosure in advertisements
60Advertising requirements applicable to fixed credit
61Advertising requirements applicable to open credit
62Advertising interest-free periods
63Advertising requirements applicable to leases
64Advertising a representative transaction
Division 3 — Disclosure Requirements Applicable to All Credit Agreements
66Disclosure statements must be given
67Form of disclosure statements and statements of account
68Giving of documents if multiple borrowers
69Estimates and assumptions
70Inconsistency between disclosure statement and credit agreement
Division 4 — Rights and Obligations of Borrowers and Credit Grantors
71Borrowers may choose insurer
72Borrowers entitled to mortgage discharge
73Borrowers may cancel optional services
74Prepayment of credit
75Default charges
76Invitation to defer payment
77Acceleration clauses
Division 5 — Credit Arranged by Loan Brokers
79Non-business credit grantors
80Business credit grantors
Division 6 — Disclosure Required in Relation to Fixed Credit
82Application of this Division
83Credit sales
84Initial disclosure statements for fixed credit
85Disclosure regarding changes in interest rate
86Disclosure regarding increases in outstanding principal
87Disclosure regarding amendments
88Disclosure regarding renewals
89Disclosure regarding mortgage loan renewals
Division 7 — Disclosure Required in Relation to Open Credit
90Application of this Division
91Initial disclosure statements for open credit
92Statements of account
93Description of transactions, charges, payments or credits
Division 8 — Credit Cards
95Application of this Division
96Credit cards may be issued only on application
97Applications for credit cards
98Additional disclosure for credit cards
99Limitation of cardholder's liability
Division 9 — Leases of Goods
101Disclosure required in relation to leases
102Maximum liability under residual obligation leases
Division 10 — General
104Refund of overpayment
105Credit grantor must compensate borrower for contravention
Part 6 — Credit Reporting
107Consent for report
108To whom reports may be given
109Contents of reports
110Notice of denial of benefit or increase of cost of benefit
112False or misleading information
Part 6.1 — Payday Loans
112.02Limits on total cost of borrowing — payday loans
112.03Prohibitions respecting interest charges
112.04Fees, penalties and charges prohibited unless allowed by regulation
112.05Payday loan cancellation rights
112.06Payday loan agreements: required terms and disclosure statements
112.07Application of payments, entitlement to prepay loan and receipts for payments
112.08Other prohibited payday lender practices
112.09Payout of balances on cash cards
112.11Application of Part 6.1 to savings institutions
Part 7 — Debt Collection
Division 1 — Prohibited Debt Collection Practices
115Disclosure to debtor
116Communication with debtor
117Communication with persons other than debtor
118Time of communication
119Cost of communication
120Collection from person not liable for debt or in excess of amount of debt
121Legal proceedings
122Removal, seizure, repossession and distress
123False or misleading information and misrepresentations
124Additional prohibited practices
Division 2 — Collection Agents and Debt Repayment Agents
126Accounting for and payment of money collected
127Debt repayment agent
128Collection agent and bailiff fees and disbursements
Part 8 — Compensation Funds and Consumer Advancement Fund
Division 1 — Compensation Funds
130Establishment and continuation of compensation funds
131Payments to compensation fund
132Claims against compensation fund
133Payments from compensation fund
134Assignment of rights
135Claimant must repay compensation fund for money received from another source
136Contributor must repay compensation fund for claims caused by contributor
137Powers and duties of director
138If administrative authority is director
Division 2 — Consumer Advancement Fund
139Establishment of Consumer Advancement Fund
140Payments from Consumer Advancement Fund
141If administrative authority is director
Part 9 — Licences
142.1Designated activities
143Licence required
144Application for licence
146Actions by director respecting licence
147Opportunity to be heard and reconsideration
148Trust account required by licensee
Part 10 — Inspections and Enforcement
Division 1 — Inspections
150Inspection powers
151Inspection powers — additional powers of director
152Inspection under warrant
153Records or things retained
Division 2 — Undertakings, Compliance Orders and Direct Sales Prohibition Orders
155Compliance orders
156Direct sales prohibition orders
157Filing undertakings or orders in Supreme Court
Division 3 — Appointment of Receivers and Property Freezing Orders
158Receivers and trustees
159Order to freeze property
160Payment into court
161Notice filed in land title office
162Application to court respecting property freezing order or filed notice
163Application to court for disposition of property frozen
Division 4 — Administrative Penalties
164Administrative penalties
165Amount of penalty
166Notice of penalty
167Due date of penalty
168Enforcement of administrative penalty
169Revenue from administrative penalties
170Limitation period
Division 5 — Court Proceedings
171Damages recoverable
172Court actions respecting consumer transactions
173Notice to director
Part 11 — Administration
177Administrative agreement with administrative authority required
178Designation does not make administrative authority an agent of the government
179Power of administrative authority to set fees
Part 12 — General
Division 1 — Reconsiderations
181Reconsideration by director
182Powers of director on reconsideration
Division 2 — How to Give or Serve Documents
183How to give or serve documents generally
184When documents are considered to have been received
Division 3 — Disclosure of Information and Evidence in Proceedings
186Publication by director
187Admissibility of parole evidence
188Certificate as proof of ministerial consent or appointment
Part 13 — Offences and Penalties
191Additional penalty — Consumer Advancement Fund
192Compensation to consumer
193Limitation period
Part 14 — Regulations
194General power to make regulations
195Preneed cemetery or funeral services, funeral and interment right contracts
196Disclosure of the cost of consumer credit
197Credit reporting
197.1Payday loans
198Compensation funds
200Administrative penalties
201Authority in relation to regulations
Part 15 — Transitional Provisions, Repeals and Consequential Amendments
203Transitional — contracts
203.01Transitional — prepaid purchase cards
204Transitional — exemption from section 40 for Gardens of Gethsemani
205Transitional — trust accounts
206Transitional — claims under the Travel Assurance Fund
207Transitional for Part 5 — disclosure of the cost of consumer credit
208Transitional — licences issued under the former Acts
208.1Transitional — debt pooler licence
209Transitional — enforcement
210Transitional — persons acting under former Acts
211Transitional — regulations
212 Repeals
213-235 Consequential Amendments
236-237 Amendments to this Act