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Victoria, British Columbia, Canada
IMPORTANT INFORMATION
Business Practices and Consumer Protection Act
[SBC 2004] CHAPTER 2
Assented to March 31, 2004
Contents
Section
Part 1 — Definitions and Application
1
Definitions
2
Application of this Act
3
Waiver or release void except as permitted
Part 2 — Unfair Practices
Division 1 — Deceptive Acts or Practices
4
Deceptive acts or practices
5
Prohibition and burden of proof
6
Advertising
Division 2 — Unconscionable Acts or Practices
7
Application of this Division
8
Unconscionable acts or practices
9
Prohibition and burden of proof
10
Remedy for an unconscionable act or practice
Division 3 — Unsolicited Goods or Services
11
Definition and interpretation
12
Unsolicited goods or services
13
Material change resulting in unsolicited goods or services
14
Consumer's remedy if unsolicited goods or services
Part 3 — Rights of Assignees and Guarantors Respecting Consumer Credit
15
Assignee's obligations
16
Guarantor has same rights as consumer
Part 4 — Consumer Contracts
Division 1 — Definitions and Application
17
Definitions
18
Application
Division 2 — Direct Sales, Future Performance and Time Share Contracts
19
Required contents
20
Direct sales contracts
21
Direct sales contract — cancellation
22
Credit agreement respecting direct sales contract
23
Future performance contract
24
Continuing services contract — terms
25
Continuing services contract — cancellation
26
Time share contract
27
Refunds by supplier on cancellation
28
Return of goods by consumer on cancellation
Division 3 — Preneed Cemetery or Funeral Services, Funeral and Interment Right Contracts
29
Definition
30
Prohibition on solicitation
31
Requirement for schedule of rates
32
Requirement to give accurate information
33
Prohibited charges respecting containers
34
Funeral contract
35
Preneed cemetery or funeral services contract —initial disclosure statement
36
Preneed cemetery or funeral services contract
37
Special provisions for right of interment
38
Preneed cemetery or funeral services contracts —refunds on cancellation
39
Preneed cemetery or funeral services contract — failure to provide services
40
Money received under contract to be held in trust
41
Funds exempt from seizure
42
Restrictions on representationsrespecting right of interment
43
Interment right contract
44
Rights not held by interment right holder
45
Refunds by supplier on cancellation
Division 4 — Distance Sales Contracts
46
Disclosure of information
47
Distance sales contract in electronic form
48
Copy of distance sales contract
49
Cancellation of distance sales contract
50
Refunds by supplier on cancellation
51
Return of goods by consumer on cancellation
52
Consumer's recourse regarding credit card charges
Division 5 — General
53
When goods and services supplied
54
How to give notice of cancellation
55
Recovery of refund
56
Cancellation of preauthorized payments
Part 5
57–105
Not in Force
Part 6 — Credit Reporting
106
Definitions
107
Consent for report
108
To whom reports may be given
109
Contents of reports
110
Notice of denial of benefit or increase of cost of benefit
111
Explanation
112
False or misleading information
Part 7 — Debt Collection
Division 1 — Prohibited Debt Collection Practices
113
Definition
114
Harassment
115
Disclosure to debtor
116
Communication with debtor
117
Communication with persons other than debtor
118
Time of communication
119
Cost of communication
120
Collection from person not liable for debt or in excess of amount of debt
121
Legal proceedings
122
Removal, seizure, repossession and distress
123
False or misleading information and misrepresentations
124
Additional prohibited practices
Division 2 — Collection Agents and Debt Poolers
125
Definitions
126
Accounting for and payment of money collected
127
Debt pooling
128
Collection agent and bailiff fees and disbursements
Part 8 — Compensation Funds and Consumer Advancement Fund
Division 1 — Compensation Funds
129
Definition
130
Establishment and continuation of compensation funds
131
Payments to compensation fund
132
Claims against compensation fund
133
Payments from compensation fund
134
Assignment of rights
135
Claimant must repay compensation fund formoney received from another source
136
Contributor must repay compensation fundfor claims caused by contributor
137
Powers and duties of director
138
If administrative authority is director
Division 2 — Consumer Advancement Fund
139
Establishment of Consumer Advancement Fund
140
Payments from Consumer Advancement Fund
141
If administrative authority is director
Part 9 — Licences
142
Definitions
143
Licence required
144
Application for licence
145
Licences
146
Actions by director respecting licence
147
Opportunity to be heard and reconsideration
148
Trust account required by licensee
Part 10 — Inspections and Enforcement
Division 1 — Inspections
149
Inspections
150
Inspection powers
151
Inspection powers — additional powers of director
152
Inspection under warrant
153
Records or things retained
Division 2 — Undertakings, Compliance Orders and Direct Sales Prohibition Orders
154
Undertakings
155
Compliance orders
156
Direct sales prohibition orders
157
Filing undertakings or orders in Supreme Court
Division 3 — Appointment of Receivers and Property Freezing Orders
158
Receivers and trustees
159
Order to freeze property
160
Payment into court
161
Notice filed in land title office
162
Application to court respecting property freezing order or filed notice
163
Application to court for disposition of property frozen
Division 4 — Administrative Penalties
164
Administrative penalties
165
Amount of penalty
166
Notice of penalty
167
Due date of penalty
168
Enforcement of administrative penalty
169
Revenue from administrative penalties
170
Limitation period
Division 5 — Court Proceedings
171
Damages recoverable
172
Court actions respecting consumer transactions
173
Notice to director
Part 11 — Administration
174
Definition
175
Director
176
Inspector
177
Administrative agreement withadministrative authority required
178
Designation does not make administrativeauthority an agent of the government
179
Power of administrative authority to set fees
Part 12 — General
Division 1 — Reconsiderations
180
Definition
181
Reconsideration by director
182
Powers of director on reconsideration
Division 2 — How to Give or Serve Documents
183
How to give or serve documents generally
184
When documents are considered to have been received
Division 3 — Disclosure of Information and Evidence in Proceedings
185
Confidentiality
186
Publication by director
187
Admissibility of parole evidence
188
Certificate as proof of ministerial consent or appointment
Part 13 — Offences and Penalties
189
Offences
190
Penalty
191
Additional penalty — Consumer Advancement Fund
192
Compensation to consumer
193
Limitation period
Part 14 — Regulations
194
General power to make regulations
195
Preneed cemetery or funeral services, funeral and interment right contracts
196
Section Not in Force
197
Credit reporting
198
Compensation funds
199
Licences
200
Administrative penalties
201
Authority in relation to regulations
Part 15 — Transitional Provisions, Repeals and Consequential Amendments
202
Definitions
203
Transitional — contracts
204
Transitional — exemption from section 40 for Gardens of Gethsemani
205
Transitional — trust accounts
206
Transitional — claims under the Travel Assurance Fund
207
Section Not in Force
208
Transitional — licences issued under the former Acts
209
Transitional — enforcement
210
Transitional — persons acting under former Acts
211
Transitional — regulations
212
Repeals
213–237
Consequential Amendments
238
Commencement
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