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This Act is current to December 26, 2018
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 6.2Government Cheque Cashing Fees

Definitions

112.12   In this Part:

"cheque cashing fee" means any of the following:

(a) a fee, rate, commission, consideration, charge or other amount charged, paid or given for cashing or negotiating a government cheque;

(b) any other fee, rate, commission, consideration, charge or other amount designated by regulation as a cheque cashing fee;

"government body" means a government body within the meaning of the Financial Administration Act that is designated by regulation under section 112.15;

"government cheque" means a cheque, or other written order to pay, that is drawn on an account of any of the following:

(a) the government of British Columbia;

(b) the government of Canada;

(c) a government body;

(d) a local government body;

"local government body" means a local authority within the meaning of the Community Charter that is designated by regulation under section 112.15.

Unauthorized cheque cashing fees prohibited

112.13   A person must not charge, require or accept a cheque cashing fee except as permitted by regulations under this Part.

Consequence of failure to comply

112.14   (1) If a person contravenes section 112.13,

(a) a consumer who pays or is charged or required to pay the cheque cashing fee or any part of it is not liable to pay that cheque cashing fee, and

(b) the person must, immediately on demand by the consumer or the director, reimburse the consumer in cash for

(i) the total amount paid as a cheque cashing fee, and

(ii) the value of any other consideration given.

(2) Subsection (1) is in addition to any other penalty that the person may be subject to under this Act or the regulations.

Regulations

112.15   The Lieutenant Governor in Council may make regulations as follows:

(a) designating a fee, rate, commission, consideration, charge or other amount as a cheque cashing fee for the purposes of this Part;

(b) designating a government body under the Financial Administration Act as a government body for the purposes of this Part;

(c) designating a local authority under the Community Charter as a local government body for the purposes of this Part;

(d) setting the maximum amount, or establishing a rate, formula, tariff or method of determining the maximum amount, that may be charged, required or accepted as a cheque cashing fee;

(e) exempting any transaction or class of transactions or any person or class of persons from the application of this Part or a regulation under this Part;

(f) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable for the administration of this Part.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 4.1 | Part 5 | Part 6 | Part 6.1 | Part 6.2 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15