7. A, s. 18 (10). (3) Despite the provision for or imposition of a penalty under this Act, any contract entered into following the holding out referred to in subsection (2) is not binding on the buyer. (2) Without limiting the generality of subsection (1), any term or acknowledgment in a consumer agreement or a related agreement that requires or has the effect of requiring that disputes arising out of the consumer agreement be submitted to arbitration is invalid insofar as it prevents a consumer from exercising a right to commence an action in the Superior Court of Justice given under this Act. 2004, c. 19, s. 7 (36). However, the prohibition contains a number of exceptions which permit re-identification by health custodians and others. 2, s. 16. (a.2)  governing and requiring the use of tags or other markers attached to or displayed around a good that is to be leased and the use of statements included in a display relating to a good that is to be leased, and governing the content of such tags, markers, statements or displays and the manner and form in which they are used; (b)  governing disclosure statements under Part VIII, including requiring the disclosure of the annual percentage rate in respect of a lease and prescribing other information that the disclosure statement must disclose; (b.1)  prescribing and governing remedies that a consumer may exercise if the consumer does not receive a disclosure statement for a lease as required under subsection 89 (1) or if the disclosure statement received by the consumer does not comply with certain requirements of subsection 89 (2) or the regulations; (b.2)  governing leases for the purposes of Part VIII; (b.3)  governing penalties to which a lessee is subject for making late payments under a lease, including. F, Table. A, s. 102 (4). “regulations” means the regulations made under this Act; (“règlements”). A, s. 92 (5); 2013, c. 13, Sched. A, s. 110 (4). (“véhicule”) 2014, c. 9, Sched. 2002, c. 30, Sched. Posting identifiers and other information. (3) No action shall be brought by which to charge any person for payment in respect of unsolicited goods notwithstanding their use, misuse, loss, damage or theft. 1, s. 5. “time share agreement” means a consumer agreement by which a consumer, (a)  acquires the right to use property as part of a plan that provides for the use of the property to circulate periodically among persons participating in the plan, whether or not the property is located in Ontario, or. 2002, c. 30, Sched. (2) A consumer is entitled to recover the amount by which the consumer’s payment under the agreement exceeds the value that the goods or services have to the consumer or to recover damages, or both, if rescission of the agreement under subsection (1) is not possible, (a)  because the return or restitution of the goods or services is no longer possible; or. 2002, c. 30, Sched. (2) In addition to the right under subsection (1), a consumer may cancel a direct agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements under section 42. (6) If an amendment to a credit agreement consists only of a change in the schedule of required payments by the borrower, it is not necessary for the supplementary disclosure statement to disclose any change to the annual percentage rate or any decrease in the total required payments by the borrower or the total cost of borrowing under the agreement. (e)  governing the right of a lessor under a lease to terminate the lease, including, (i)  prescribing the circumstances in which a lessor is entitled to exercise the right of termination or is not entitled to exercise that right, and. A, s. 114 (3). 2002, c. 30, Sched. 101 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. 73 (1) A borrower may terminate an optional service of a continuing nature provided by the lender or an associate of the lender on giving 30 days notice or such shorter period of notice as is specified in the agreement under which the service is provided. No waiver of substantive and procedural rights. A, s. 53; 2004, c. 19, s. 7 (14). However, the … R.S.O. G, s. 19; 2001, c. 9, Sched. Note: On a day to be named by proclamation of the Lieutenant Governor, section 24 is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 16 and the following substituted: 24. (a)  shall, within the prescribed period, acknowledge the consumer’s request; and. 12, s. 3 (5). 2002, c. 30, Sched. A, s. 122 (3). 2002, c. 30, Sched. A, s. 111 (4). 95 The cancellation of a consumer agreement in accordance with this Act operates to cancel, as if they never existed. 2002, c. 30, Sched. Because business customers do not benefit from this protection, TELUS applied for a stay with respect to the business customer claims, relying on the arbitration clause. (2) The following activities do not constitute solicitation for the purpose of subsection (1): 1. 2002, c. 30, Sched. A, s. 26 (3). R.S.O. 2, s. 17. (d) by a trustee in bankruptcy, a receiver, a liquidator or a person acting under the order of a court. (11) The Lieutenant Governor in Council may make regulations. (2) In addition to the right under subsection (1), a buyer under a direct sales contract may cancel the contract within one year of the date of entering into the contract if it does not contain all the information required by section 23.2. 2014, c. 9, Sched. 38. 58 (1) No repairer shall charge for any work or repairs unless the consumer authorizes the work or repairs. 123 (1) The Lieutenant Governor in Council may make regulations. (a) a statement that the transaction is a lease; (b) a description of the leased goods and their value determined in accordance with the regulations; (d) the lessor’s reasonable estimate of the wholesale value of the leased goods at the end of the lease term; (e) the total amount, calculated in accordance with the regulations, of all payments that the lessee is required to make under the lease; (f) the particulars about the amount and timing of all payments under the lease as is prescribed by the regulations; (h) all other information about the lease that is prescribed by the regulations. (3) A tow and storage provider shall produce evidence of insurance coverage in the prescribed circumstances and in the prescribed manner. (3) A borrower is entitled to prepay a portion of the balance of outstanding principal 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. (4) A statement of account for a credit agreement for open credit shall disclose the prescribed information. 2002, c. 30, Sched. (b) at least 30 days before the change, in the case of a credit agreement that is for a credit card where the interest rate is not a floating rate. (6) If a supplier has received a payment in respect of unsolicited goods or services, the consumer who made the payment may demand a refund of the payment in accordance with section 92 within one year after having made the payment. 2002, c. 30, Sched. R.S.O. 2002, c. 30, Sched. A, s. 58 (1). (9) A person who conducts a mediation under this section shall not be required to testify in a civil proceeding or in a proceeding before any tribunal respecting the mediation. 2020, c. 14, Sched. 37. 2014, c. 9, Sched. (c) the person to whom the information relates consents. 2002, c. 30, Sched. (2) No repairer shall charge, for work or repairs for which an estimate was given, an amount that exceeds the estimate by more than 10 per cent. 12, s. 3 (3). 2002, c. 30, Sched. A, s. 49. “Registrar” means the Registrar of the Consumer Protection Bureau; (“registrateur”). 1990, c. C.31, s. 34 (1). “representation” means a representation, claim, statement, offer, request or proposal that is or purports to be, (a)  made respecting or with a view to the supplying of goods or services to consumers, or, (b)  made for the purpose of receiving payment for goods or services supplied or purporting to be supplied to consumers; (“assertion”), “rewards points” means, subject to the regulations, points provided to a consumer under a consumer agreement that can be exchanged for money, goods or services; (“points de récompense”), “services” means anything other than goods, including any service, right, entitlement or benefit; (“services”), “supplier” means a person who is in the business of selling, leasing or trading in goods or services or is otherwise in the business of supplying goods or services, including the supply of rewards points, and includes an agent of the supplier and a person who holds themself out to be a supplier or an agent of the supplier; (“fournisseur”). 1990, c. C.31, s. 34 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 25 is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 16 and the following substituted: 25. 2014, c. 9, Sched. (5) If a lien is perfected by registration under subsection (2) or is registered against real property under subsection (3) and the related real or personal property is sold, the Director shall ensure the funds he or she receives as result of the sale are used to pay the fine. To protect consumers from such misleading sales claims and unfair business practices, governments have identified what unfair business practices are and established rights for consumers who have been … See: 1999, c. 12, Sched. (7) A demand that a record or other thing be produced must be in writing and must include a statement of the nature of the record or other thing to be produced. (b)  charge an initiation fee that is greater than twice the annual membership fee. A, s. 112 (4). 2002, c. 30, Sched. 2002, c. 30, Sched. A, s. 71. F, s. 15. (4) Sections 29.2, 29.4 and 29.5 do not apply to a credit agreement that the parties have entered into before section 16 of Schedule F to the Red Tape Reduction Act, 1999 comes into force and sections 24, 25 and 28, as they read immediately before that section comes into force, continue to apply to that agreement. 1990, c. C.31, s. 39 (2). (10) The Statutory Powers Procedure Act does not apply to an order of the Director made under subsection (1) of this section. 2014, c. 9, Sched. (4) A personal development services agreement that provides for a renewal or extension of the agreement shall be deemed not to be renewed or extended if the consumer notifies the supplier, before the time for renewal or extension, that the consumer does not want to renew or extend. 1, s. 5. A, s. 110 (7). (b) the lender is entitled to a proportionate part of the cost of lending. A, s. 109 (9). (5) If a credit broker arranges a credit agreement for the lender, the initial disclosure statement shall. 2002, c. 30, Sched. “credit” means credit for which the borrower incurs a cost of borrowing and, (a) given under an agreement between a seller and a buyer to purchase goods or services by which all or part of the purchase price is payable after the agreement is entered into, or, but does not include credit given on the security of a mortgage of real property; (“crédit”). (8) If a consumer has delivered notice and has not received a satisfactory response within the prescribed period, the consumer may commence an action. See: 1999, c. 12, Sched. 3, s. 4. (“accord de reprise”) 1999, c. 12, Sched. Lieutenant Governor in Council regulations: Part VI. (5) Where a supplier has a trustee under subsection (1), (a)  any notice to the trustee shall be deemed to be notice to the supplier; and. 1997, c. 35, s. 1 (4). (b)  the time that the lessee makes any payment in connection with the lease. A, s. 65 (1). 1997, c. 35, s. 1 (5). See: 1999, c. 12, Sched. Lieutenant Governor in Council regulations: Part VIII. A, s. 36 (5). (a)  respecting any matters that are described in Part VI.1 as being prescribed or provided for in the regulations; (b)  governing the meaning of “tow and storage services operator” for the purposes of Part VI.1 or any provision of that Part, including providing for different classes of tow and storage services operator and providing for application of the term to persons or entities who only operate with respect to tow services, who only operate with respect to storage services or who operate with respect to both; (c)  defining or clarifying “tow and storage services” for the purposes of Part VI.1 or any provision of that Part, including providing for the application of the term to include services that only involve towing, that only involve storage or that involve both and defining or clarifying “tow”, “storage” and related terms; (d)  providing for different classes of tow and storage provider for the purposes of Part VI.1 and providing for different obligations under that Part with respect to different classes; (e)  governing the meaning of “tow truck” for the purposes of Part VI.1; (f)  excluding persons from the definition of “tow truck driver” for the purposes of Part VI.1; (g)  for the purposes of subsection 65.4 (1), providing for persons who may authorize the services on behalf of the consumer and governing circumstances under which the consumer is unable to give authorization, and governing the circumstances, if any, under which a tow and storage provider may charge a consumer for services without the authorization that would otherwise apply under that subsection; (h)  for the purposes of subsection 65.4 (2), providing for and governing the circumstances, if any, under which a tow and storage provider may charge a consumer an amount that exceeds the amount that would otherwise apply under that subsection; (i)  for the purposes of section 65.6, providing for and governing the circumstances, if any, under which a tow and storage provider is not required to provide an invoice; (j)  prescribing one or more forms and manners in which the statement of rates charged may be made publicly available for the purposes of section 65.8; (k)  for the purposes of section 65.12, governing. 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