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This Act is current to November 29, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Business Practices and Consumer Protection Act

[SBC 2004] CHAPTER 2

Part 15 — Transitional Provisions, Repeals and Consequential Amendments

Transitional Provisions

Definitions

202  In this Part:

"appointee" means the following persons:

(a) the director under the Consumer Protection Act;

(b) the director under the Credit Reporting Act;

(c) the director under the Debt Collection Act;

(d) the director under the Trade Practice Act;

(e) the registrar under section 2 of the Travel Agents Act;

(f) a member of the Travel Assurance Board under section 11 of the Travel Agents Act;

"Cemetery and Funeral Services Act" means the Cemetery and Funeral Services Act, R.S.B.C. 1996, c. 45;

"former Act" means the

(a) Consumer Protection Act, R.S.B.C. 1996, c. 69,

(b) Credit Reporting Act, R.S.B.C. 1996, c. 81,

(c) Debt Collection Act, R.S.B.C. 1996, c. 92,

(d) Trade Practice Act, R.S.B.C. 1996, c. 457, or

(e) Travel Agents Act, R.S.B.C. 1996, c. 459.

Transitional — contracts

203  (1) Subject to subsection (2), Parts 2 to 4 apply to contracts and consumer transactions entered into before, on or after the coming into force of those Parts.

(2) Subject to subsection (3), a contract or consumer transaction entered into before the coming into force of Parts 2 to 4 is not invalid or does not contravene this Act if the contract or consumer transaction complies with the provisions of a former Act or the Cemetery and Funeral Services Act.

(3) Subsection (2) does not apply to contracts that are renewed or amended after the coming into force of Parts 2 to 4.

Transitional — prepaid purchase cards

203.01  (1) Sections 56.2 (1) and (2) (a), 56.3 and 56.4 and the regulations made under section 56.5 do not apply in respect of prepaid purchase cards issued or sold before this subsection comes into force.

(2) This section may be repealed by regulation of the Lieutenant Governor in Council.

Repealed

203.1  [Repealed 2004-2-203.1 (9).]

Transitional — exemption from section 40 for Gardens of Gethsemani

204  Section 40 [money received under contract to be held in trust funds] does not apply to the cemetery, mausoleum and columbarium operated, under the name of Gardens of Gethsemani, by the Roman Catholic Archbishop of Vancouver while money paid to the Archbishop, as trustee, under a preneed cemetery or funeral services contract is held in a manner satisfactory to the director.

Transitional — trust accounts

205  Despite the repeal of the Cemetery and Funeral Services Act, that Act, as it read on the date of its repeal, continues to apply to a trust agreement established under section 102 [money as trust funds] of that Act.

Transitional — claims under the Travel Assurance Fund

206  Despite the repeal of the Travel Agents Act, if a person files a claim against the Travel Assurance Fund in respect of a loss that occurred within one year before the repeal of that Act, sections 17 to 20 [matters in respect of claims against the fund] of that Act, as they read on the date of their repeal, continue to apply to the determination of the claim.

Transitional for Part 5 — disclosure of the cost of consumer credit

207  (1) The definitions in section 57 [definitions] apply to this section.

(2) Subject to subsections (3), (4) and (5), Part 5 applies only to credit agreements and leases entered into on or after the coming into force of that Part.

(3) Part 5 applies to all credit agreements for open credit, whether they are entered into before, on or after the coming into force of that Part.

(4) Part 5 applies to credit agreements for fixed credit and leases that are renewed or amended on or after the coming into force of that Part.

(5) Section 72 [borrowers entitled to mortgage discharge] applies to the discharge of all mortgages, whether the mortgage for which the discharge is being furnished is entered into before, on or after the coming into force of Part 5.

Transitional — licences issued under the former Acts

208  (1) [Repealed 2015-6-12.]

(2) A licence under the Debt Collection Act to act as a bailiff is deemed to be a licence, issued under section 145 (1) of this Act, to act as a bailiff.

(3) A registration to act as a travel agent or travel wholesaler under section 4 [application for registration] of the Travel Agents Act is deemed to be a licence, issued under section 145 (1) of this Act, to act as a travel agent or travel wholesaler, as applicable.

Transitional — debt pooler licence

208.1  A licence issued under section 145 (1) to carry on business as a debt pooler, as defined immediately before the date this section comes into force, is deemed to be a licence issued under section 145 (1) to carry on business as a debt repayment agent.

Transitional — enforcement

209  (1) An inspector may conduct an inspection for the purposes of determining whether a person

(a) has contravened a provision of a former Act or of regulations made under a former Act, within 2 years before its repeal, and no final determination has been made in respect of the contravention,

(b) has contravened a term or condition of a licence issued under a former Act within 2 years before its repeal, and no final determination has been made in respect of the contravention,

(c) is complying with a compliance order, an order requiring a person to stop direct sales, a property freezing order or a court order made under a former Act, or

(d) is complying with an undertaking given under the Trade Practice Act.

(2) During an inspection under subsection (1), an inspector may exercise any of the powers of inspection available under this Act.

(3) If, following an inspection under subsection (1), an inspector finds that there has been a contravention or failure to comply, the inspector may take any action in respect of the contravention that is authorized by the former Act, despite the repeal of the former Act, to which the contravention or failure to comply relates.

(4) An inquiry or hearing commenced under section 7 [persons who are unsuitable to act as reporting agencies] of the Credit Reporting Act that was not finished at the time of the repeal of that Act is terminated.

(5) Despite the repeal of the Trade Practice Act, that Act, as it read on the date of its repeal, continues to apply to an undertaking given under section 17 [supplier's undertaking or assurance] of that Act.

Transitional — persons acting under former Acts

210  (1) On the date that a former Act is repealed, the appointment of the appointee under that Act is rescinded.

(2) Despite subsection (1), an appointee whose appointment is rescinded under subsection (1) may, on or after the rescission date,

(a) continue to hear any matter to which the appointee was attending while holding office, and

(b) make a decision or an order in a matter referred to in paragraph (a).

(3) For the purpose of subsection (2) (b), section 147 (6) [opportunity to be heard and reconsideration] applies.

(4) On the date that a former Act is repealed, an inspector appointed under the former Act is deemed to be an inspector under this Act.

(5) On the date that a former Act is repealed, a receiver, receiver manager, trustee or liquidator appointed under the former Act is deemed to be a receiver, as defined in section 158 [receivers and trustees], appointed under this Act.

Transitional — regulations

211  (1) to (3) [Repealed 2004-2-211 (4).]

(4) Subsections (1) to (3) are repealed 2 years after section 212 [Repeals] comes into force.

(5) Despite subsection (4), a regulation made under subsection (1) that is in effect 2 years after section 212 comes into force continues to have effect until repealed under subsection (3).

Repeals

[Note: See Table of Legislative Changes for the status of sections 212 to 237.]

Section(s) Affected Act
212 Consumer Protection Act
  Supplement to the Consumer Protection Act
  Cost of Consumer Credit Disclosure Act
  Credit Reporting Act
  Supplement to the Credit Reporting Act
  Debt Collection Act
  Supplement to the Debt Collection Act
  Trade Practice Act
  Travel Agents Act
  Supplement to the Travel Agents Act

Consequential Amendments

Section(s) Affected Act
213 Business Corporations Amendment Act, 2003
214 Community Financial Services Act
215 Family Maintenance Enforcement Act
216 Finance and Corporate Relations Statutes Amendment Act, 1998
217 Financial Administration Amendment Act, 2003
218 Miscellaneous Statutes Amendment Act (No. 3), 1999
219-228 Mortgage Brokers Act
229 Motor Dealer Act
230 Personal Information Protection Act
231 Personal Property Security Act
232-233 Private Investigators and Security Agencies Act
234 Real Estate Act
235 Repairers Lien Act
236-237 Amendments to this Act

Commencement

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

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 4.1 | Part 5 | Part 6 | Part 6.1 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15