FAIR TRADING ACT

Chapter F‑2

Table of Contents

1 Interpretation

Part 1
General Principles

2 Act prevails

2.1 Application of Act

3 Other rights unaffected

4 Interpretation of documents

4.1 Regulations

Part 2
Unfair and Negative Option Practices

Division 1
Unfair Practices

5 Application

6 Unfair practices

7 Cancelling agreement

7.1 Notice

7.2 Powers of Court

7.3 Liability

7.4 Provincial Court

8 Time of occurrence

9 Advertising

10 Trust accounts

11 Information in representations

12 Regulations

Division 2
Civil Remedies Against Suppliers

13 Court action by consumer

14 Provincial Court

15 Actions by the Director on behalf of consumers

16 Arbitration

17 Court action by consumer organizations

18 Director to be notified

19 Advertisement of judicial decision

Division 3
Negative Option Practices

20 Definition

21 Application

22 No consumer liability

23 Negative option practices prohibited

Part 3
Cancellation of Direct Sales
Contracts and Time Share Contracts

24 Definitions

25 Application

Division 1
Direct Sales Contracts

26 Salesperson’s representations

27 Absolute cancellation right

28 Extended cancellation in certain circumstances

29 Method of cancellation

30 Effect of cancellation of contract

31 Responsibilities on cancellation

32 Consumer’s right to retain goods

33 Recovery of refund and trade‑in allowance

34 Proceeds of bond

35 Contents of sales contract

36 Regulations

Division 2
Time Share Contracts

37 Absolute cancellation right

38 Method of cancellation

39 Responsibilities on cancellation

40 Recovery of refund

41 Regulations

Part 4
Marketing Through Electronic Media

42 Regulations

Part 5
Credit and Personal Reports

43 Definitions

44 Furnishing reports

45 Contents of reports

47 Explanation by individual

49 False information

50 Civil remedy

51 Regulations

Part 6
Wage Assignments

52 Definitions

53 Assignments

Part 7
Fees Charged by Loan Brokers

54 Charging and collecting fees

54.1 Regulations

Part 8
Consignment Sales, Mobile Homes
and Motor Fuel

55 Consignment sales

56 Mobile homes

57 Motor fuel

Part 9
Cost of Credit Disclosure

Division 1
Interpretation and Application

58 Definitions

59 Determination of cost of credit

60 Application

Division 2
Disclosure

61 Definition

62 Requirement to disclose

63 Form of disclosure statements

64 Time at which disclosure statement to be delivered

65 Delivery of disclosure statements

Fees, Charges and Optional Services

66 Required insurance

67 Cancellation of optional services

68 Prepayment of non-mortgage credit

69 Default charges

70 Invitation to defer payment

71 Acceleration clauses

Credit Arranged by Loan Brokers

72 Non-business credit grantors

73 Business credit grantors

Division 3
Fixed Credit

General

74 Application

75 Credit sales

76 Advertising for fixed credit

Disclosure Statements

77 Initial disclosure statement for fixed credit

78 Changes in interest rate

79 Disclosure regarding amendments

80 Disclosure where mortgage loan renewed

81 Renewal of non-mortgage loan

Division 4
Open Credit

General

82 Application

83 Advertising for open credit

84 Initial disclosure statement

85 Statement of account

Credit Cards

86 No unsolicited credit cards

87 Application for credit card

88 Additional disclosure for credit card

89 Limitation of liability

Division 5
Leases of Goods

90 Definitions

91 Application of Division

92 Advertisements

93 Disclosure statement for lease

94 Residual obligation leases

Division 6
Compliance

95 Interpretation

96 Recovery of payments and compensation

97 Inconsistency between disclosure statement and contract

98 Statutory damages

99 Exemplary damages

100 Assignee

Division 7
Regulations

101 Regulations

Part 10
Designated Trades and Businesses

102 Definitions

103 Application of Part

104 Licence required - designated businesses

105 Regulations

106 Codes respecting competitive practices

107 Compliance with code

108 Municipal licences

Part 11
Collection Practices

109 Definitions

110 Exemptions

111 Licence required

112 Suspension and cancellation of licence

114 Statement of account

117 Withdrawal of accounts

118 Regulations

Part 12
Public Auctions

119 Definitions

120 Application

121 Licence required

123 Removal of goods purchased

124 Regulations

Part 13
Licensing

125 Definition

126 Application for licence

127 Refusal, suspension, cancellation, terms

128 Notice

129 Order against agents and others

130 Security

131 Term of licence

132 Duty to maintain records

133 Trust accounts

134 Notification of changes

135 Appeal

136 Delegation to regulatory boards

137 Establishment of fund by regulatory board

138 Delegation to department head

139 Regulations

140 Registration

Part 14
Remedies and Enforcement

141 Definition

Dispute Resolution

142 Dispute resolution

Trust Accounts

143 Regulations

Inspections and Investigations

144 Identification of inspectors

145 Inspection

146 Order compelling assistance in inspections

147 Investigation

148 Order compelling assistance in investigations

149 Special circumstances

150 Disclosing results of investigation

150.1 Disclosing default in payment of fines

151 Property freeze orders

151.1 Payment into court

151.2 Notice filed in land titles office or Personal Property Registry

151.3 Application to Court respecting order or notice

Undertakings

152 Supplier’s undertakings

153 Change in undertaking by Director

154 Change in undertaking by Court

155 Effect of varying or cancelling an undertaking

Injunctions and Compliance Orders

156 Injunction