O. Reg. 488/17: GENERAL
filed December 14, 2017 under Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A
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made under the
Consumer Protection Act, 2002
Made: November 22, 2017
Filed: December 14, 2017
Published on e-Laws: December 14, 2017
Printed in The Ontario Gazette: December 30, 2017
Amending O. Reg. 17/05
(GENERAL)
1. Ontario Regulation 17/05 is amended by adding the following Part:
Part VII.1
Agreements for cashing Government Cheques — Part VII.1 of the Act
Limit on fee for cashing government cheques
71.1 (1) The prescribed amount for the purposes of subsection 85.4 (1) of the Act is the lesser of,
(a) the sum of $2 plus 1 per cent of the face value of the cheque; and
(b) $10.
(2) A supplier who requires a consumer to purchase goods or services as a condition for the supplier cashing a government cheque is required to include the purchase price of the goods or services in the fee that the supplier charges the consumer for cashing the cheque.
Statement when cashing government cheques
71.2 (1) A supplier under a consumer agreement to which Part VII.1 of the Act applies who cashes a government cheque for the consumer under the agreement shall provide the consumer with a receipt for cashing the cheque.
(2) The receipt shall set out,
(a) a statement that the cheque was a government cheque;
(b) the face value of the cheque;
(c) the amount of the fee that the supplier charged the consumer for cashing the cheque;
(d) a description of the other services or goods in relation to cashing the cheque that the supplier has provided to the consumer;
(e) the balance that the supplier paid to the consumer on cashing the cheque;
(f) the date on which the supplier cashed the cheque;
(g) the name, address and telephone number of the supplier and information respecting other ways, if any, in which the consumer can contact the supplier, such as the supplier’s fax number and e-mail address; and
(h) information for contacting the Ministry, as the Ministry specifies.
2. Section 86 of the Regulation is amended by adding the following paragraph:
4. Despite paragraph 2, the Director may make the policies established under subsection 103 (2.1) of the Act available to the public indefinitely.
3. The following provisions of the Regulation are amended by striking out “the Athletics Control Act, the Bailiffs Act, the Cemeteries Act (Revised), the Collection Agencies Act, the Consumer Reporting Act, the Film Classification Act, 2005” wherever that expression appears and substituting in each case “the Bailiffs Act, the Collection and Debt Settlement Services Act, the Consumer Reporting Act”:
1. Section 88, in the portion before paragraph 1.
2. Section 89, in the portion before paragraph 1.
4. (1) Subsection 90 (1) of the Regulation is amended by striking out “the Athletics Control Act, the Bailiffs Act, the Cemeteries Act (Revised), the Collection Agencies Act, the Consumer Reporting Act” in the portion before paragraph 1 and substituting “the Bailiffs Act, the Collection and Debt Settlement Services Act, the Consumer Reporting Act”.
(2) Paragraph 2 of subsection 90 (2) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:
2. At least one of the following applies,
. . . . .
(3) Paragraph 2 of subsection 90 (2) of the Regulation is amended by adding the following subparagraph:
0.i the complaint is made with respect to the Collection and Debt Settlement Services Act or the Consumer Reporting Act,
5. The heading to Part XI and section 91 of the Regulation are revoked and the following substituted:
Notice of contravention issued by inspector
91. (1) Subsection (2) applies only if,
(a) an inspector has conducted an inspection under the Act, the Collection and Debt Settlement Services Act or the Payday Loans Act, 2008 with respect to a person;
(b) the inspector has issued a notice to the person mentioned in clause (a) that the person appears to be contravening the Act, the Collection and Debt Settlement Services Act or the Payday Loans Act, 2008, as the case may be; and
(c) the person mentioned in clause (a) has failed to correct contraventions identified in the notice to the satisfaction of the Director by the date that the Ministry determines and of which the person has been advised.
(2) The following information is prescribed for the purpose of paragraph 4 of subsection 103 (2) of the Act in respect of each person to whom an inspector, in conducting an inspection under the Act, the Collection and Debt Settlement Services Act or the Payday Loans Act, 2008 has issued a notice described in subsection (1):
1. The name of the person, as known to the Ministry.
2. Any business names used by the person, as known to the Ministry.
3. The person’s business address, business telephone number, business fax number and business e-mail address, if known to the Ministry.
4. The number of such notices that an inspector has issued to the person in respect of which the person has failed to correct contraventions, as required by clause (1) (c).
6. The Regulation is amended by adding the following heading before section 92:
Part XI
PRESCRIBED JURISDICTIONS — PART XI OF THE ACT
Commencement
7. (1) Subject to subsection (2), this Regulation comes into force on the later of July 1, 2018 and the day it is filed.
(2) Section 1 comes into force on the latest of,
(a) the day section 17 of Schedule 2 to the Putting Consumers First Act (Consumer Protection Statute Law Amendment), 2017 comes into force;
(b) July 1, 2018; and
(c) the day this Regulation is filed.