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Business Practices and Consumer Protection Act

[SBC 2004] CHAPTER 2

Part 12 — General

Division 1 — Reconsiderations

Definition

180  In this Division, "determination" means

(a) a decision, order or ruling in respect of a matter that relates to a compensation fund,

(b) a decision under section 146 [actions by director respecting licence],

(c) a compliance order,

(d) a direct sales prohibition order, or

(e) a notice imposing an administrative penalty.

Reconsideration by director

181  (1) A person may request the director to reconsider a determination

(a) within 30 days of receiving the later of

(i)   the determination, and

(ii)   any written reasons respecting the determination, or

(b) within the time period specified by the director, if the director is satisfied that

(i)   special circumstances existed which precluded the filing of a request for reconsideration within the time period required in paragraph (a), and

(ii)   an injustice would otherwise result.

(2) The person must make the request in writing and must identify the error the person believes was made or the other grounds for which reconsideration is requested.

(3) If the director decides to reconsider a determination,

(a) the director must give notice to any person that the director considers will be affected by the reconsideration of the determination, and

(b) the determination is stayed unless the director orders that the determination is not stayed.

Powers of director on reconsideration

182  (1) If the director reconsiders a determination, the director

(a) has all the powers and duties the director had with respect to the determination, and

(b) subject to subsection (2), may confirm, vary or cancel the determination.

(2) The director may vary or cancel a determination referred to in paragraphs (a), (c) and (e) of the definition of "determination", only if the director is satisfied that new evidence has become available or has been discovered that

(a) is substantial and material to the determination, and

(b) did not exist at the time of the review or did exist at that time but was not discovered and could not through the exercise of reasonable diligence have been discovered.

(3) If the director has delegated powers and duties respecting a determination referred to in paragraphs (b) and (d) of the definition of "determination", the director must not delegate the reconsideration of the determination to the same person.

(4) If the director made a determination referred to in paragraph (b) or (d) of the definition of "determination", the director must delegate the reconsideration to one or more persons who did not participate in the determination.

(5) The director must give written reasons for the director's decision in respect of the reconsideration to the person who made the request under section 181 (2) or a person given notice under section 181 (3).

(6) For certainty, a decision made under this section may not be reconsidered.

Division 2 — How to Give or Serve Documents

How to give or serve documents generally

183  (1) This section does not apply to the following:

(a) providing a distance sales contract under section 48 [copy of distance sales contract];

(b) giving a notice of cancellation under Part 4 [Consumer Contracts] in accordance with section 54 [how to give a notice of cancellation];

(c) giving a notice under section 77 [notice of intention to accelerate payment];

(d) giving a notice under section 110 [notice of denial of benefit or increase of cost of benefit];

(d.1) giving a cancellation notice under section 112.05 (4) (a) [payday loan cancellation rights];

(d.2) giving a receipt under section 112.05 (6) [payday loan cancellation rights];

(d.3) giving a copy of a payday loan agreement under section 112.06 (5) [payday loan agreements: required terms and disclosure statements] or a cancellation notice referred to in that provision;

(d.4) giving a receipt under section 112.07 (2) [application of payments, entitlement to prepay loan and receipts for payments];

(d.5) giving a receipt under section 112.09 (3) [payout of balances on cash cards];

(e) serving the director with a notice of civil claim or notice of claim under section 173 [notice of director].

(2) All documents that are required or permitted under this Act to be given to or served on a person must be given or served in one of the following ways:

(a) by leaving a copy with the person;

(b) if the person is a consumer, an individual who is the subject of a report, as defined in section 106 [definitions respecting credit reporting], or a debtor,

(i)   by leaving a copy at that person's residence with an adult who apparently resides with that person,

(ii)   by sending a copy by ordinary mail or registered mail to the address at which that person resides or to a forwarding address provided by that person,

(iii)   by leaving a copy in a mail box or mail slot for the address at which that person resides, or

(iv)   by attaching a copy to a door or other conspicuous place at the address at which that person resides;

(c) if the person is a supplier or a person not referred to in paragraph (b),

(i)   by leaving a copy with an agent of that person,

(ii)   by sending a copy by ordinary mail or registered mail to the address at which that person carries on business,

(iii)   by sending a copy by electronic mail to the electronic mail address provided by that person,

(iv)   by leaving a copy in a mail box or mail slot for the address at which that person carries on business, or

(v)   by attaching a copy to a door or other conspicuous place at the address at which that person carries on business;

(d) by transmitting a copy to a facsimile number provided as an address for service by the person;

(e) by any other method of service prescribed.

When documents are considered to have been received

184  A document given or served in accordance with section 183 (2) is deemed to be received as follows:

(a) if given or served by sending a copy by ordinary or registered mail, on the 5th day after it is mailed;

(b) if given or served by sending a copy by electronic mail, on the 3rd day after it is sent;

(c) if given or served by leaving a copy in a mail box or mail slot, on the 3rd day after it is left;

(d) if given or served by attaching a copy to a door or other conspicuous place, on the 3rd day after it is attached;

(e) if given or served by transmitting a copy by facsimile, on the 3rd day after it is transmitted;

(f) if given or served by any other method of service prescribed under section 183 (2) (e), as prescribed.

Division 3 — Disclosure of Information and Evidence in Proceedings

Confidentiality

185  (1) A person who is engaged in the administration of this Act or the regulations and who has custody of, access to or control over information or records under this Act must not disclose the information or records to any other person except

(a) if disclosure is for the purposes of the administration of this Act or the regulations,

(b) with the consent of the person to whom the information or record relates,

(c) in court proceedings related to this Act, or other similar enactments of British Columbia, another province or Canada,

(d) if an enactment of British Columbia, another province or Canada requires the disclosure,

(e) to the person's counsel,

(f) to a law enforcement agency in Canada, or

(g) under an agreement with the government.

(2) The person referred to in subsection (1) is not, except in a proceeding under this Act, compellable to disclose or give evidence about information or records the person has custody of, access to or control over.

Publication by director

186  (1) The director may publish information respecting the following:

(a) the suspension or cancellation of a licence;

(b) an undertaking;

(c) a compliance order;

(d) a direct sales prohibition order;

(e) a property freezing order;

(f) the imposition of an administrative penalty;

(g) a court order made under this Act;

(h) a conviction of an offence under this Act.

(2) Without limiting subsection (1), the director may publish

(a) the name of the person against whom action is taken,

(b) the amount of any penalty, and

(c) the reason for the action taken or the nature of the contravention.

Admissibility of parole evidence

187  In a proceeding in respect of a consumer transaction, a provision in a contract or a rule of law respecting parole or extrinsic evidence does not operate to exclude or limit the admissibility of evidence relating to the understanding of the parties as to the consumer transaction or as to a particular provision of the contract.

Certificate as proof of ministerial consent or appointment

188  (1) If it is necessary in a proceeding to prove that a person has been designated by the minister as director, a certificate purporting to be signed by the minister is proof, in the absence of evidence to the contrary, of the fact so stated, without proof of the signature or the authority of the minister.

(2) A statement respecting any of the following purporting to be signed by the director is proof, in the absence of evidence to the contrary, of the facts stated in the statement for all purposes in a proceeding, without proof of the signature or the authority of the director:

(a) the existence, non-existence or status of a licence;

(b) the designation of a person as an inspector;

(c) the filing or submission of information or a record to the director.

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