For example, it is an unfair practice for a supplier to:

• do or say, or fail to do or say, anything that may result in a consumer being deceived or misled, such as knowing there is a substantial defect in the product or service of which the consumer is unaware, or using exaggeration, innuendo or ambiguity;
• make false claims, such as a claim that goods or services are available if the supplier has no intention of supplying them or has no reasonable grounds for believing they will be available, or a claim that a price benefit or advantage exists if it does not;
• take advantage of a consumer who is not in a position to protect his or her own interests, such as taking advantage of a consumer's inability to understand the transaction, or including terms or conditions that are harsh or excessively one-sided;
• exert undue pressure on a consumer to enter into a transaction; or
  charge a price that is grossly above the price being offered for similar products or services.

Remedies

By providing a series of options such as mediation, the Act encourages and provides remedies for consumers and businesses to resolve their own disputes without proceeding to litigation or charges. If these efforts fail, the Act provides for a series of remedies, depending on the severity of the breach. For example, it provides for:

• the Director to take action on behalf of disadvantaged or vulnerable consumers, including an action where the unfair practice occurred outside Saskatchewan;
• voluntary agreements for compliance between a supplier and the Director;
• the court to order restitution; and
• an application by the Director to the court for an injunction.
  

• the product belongs to the buyer without undisclosed liens or other claims;
• the product is of acceptable quality;
• the product is reasonably durable and fit for the use intended as well as for any specific purpose stated by the retailer;
• the product matches its description and the quality of any samples shown to the consumer; and
• spare parts and repair facilities will be available for a reasonable period of time.

Anyone who buys the product from the original consumer, receives it as a gift, or receives it by law is deemed to be given the same warranties by the seller or manufacturer as the original purchaser.

Saskatchewan's legislation also sets out additional warranties and conditions. A seller or manufacturer may make an express warranty either orally, in writing or through advertising. This warranty relates to the sale or to the quality, quantity, condition, performance, efficiency, use or maintenance of a product. A seller or manufacturer may make an additional written warranty which is a written warranty to repair, replace or make a refund.

A seller is deemed to adopt any express warranties on labels or packages unless the consumer is told prior to the sale that the seller does not adopt them. A seller does not adopt warranties in advertising produced by the manufacturer unless he or she expressly or impliedly adopts them.

Retail sellers, in turn, have the right to recover any losses suffered as a result of a consumer's claim against them from the manufacturer.

Remedies

The Consumer Protection Act establishes several remedies when a retailer or manufacturer is responsible for a product that does not comply with the statutory warranties established by the Act.

If a problem can be repaired it is the obligation of both the retailer and the manufacturer to provide repair or replacement within a reasonable period of time. Consumers are obligated to return the defective product to the retailer or repair facility unless the product due to its nature of attachment, size or weight cannot be removed or transported without significant cost to the consumer. In these circumstances the retailer or manufacturer shall collect or arrange transportation at their expense or provide repair at the site where the product is located.

If a defective consumer product is not repaired within a reasonable period, a consumer is entitled to pursue repairs elsewhere and to recover reasonable costs incurred. The courts can also award damages for losses if they arise out of a defective product.

When a product cannot be repaired the consumer may reject the product and recover the purchase price and any other losses from the retailer or manufacturer. Retail sellers, in turn, have the right to recover any losses suffered as a result of a consumer's claim against them from the manufacturer.

There are many other provisions affecting the rights and remedies of the consumer and retailer found within The Consumer Protection Act. It is recommended that all parties affected by the Act consult the statute for further details.

Part IV of the Act, Unsolicited Goods and Credit Cards, provides that when unasked for goods or credit cards are received, the recipient has no legal obligation to the sender to pay for these unsolicited goods or for any transaction made with the credit card unless the recipient has first acknowledged in writing that he or she intends to accept the goods or credit card.

For more information about The Consumer Protection Act, contact:

Consumer Protection Branch
Suite 500, 1919 Saskatchewan Dr.
Regina, SK S4P 4H2
Phone: (306) 787-5550 Fax: (306) 787-9779
Toll-free in Saskatchewan: 1-888-374-4636
E-mail: consumerprotection@justice.gov.sk.ca

Email inquiries will be responded to via email. If the sender does not wish a reply in this fashion, please indicate such in your message.