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The Consumer Protection and Business Practices Act

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The Consumer Protection and Business Practices Act 1 CONSUMER PROTECTION AND BUSINESS PRACTICES c. C-30.2 The Consumer Protection and Business Practices Act being Chapter C-30.2* of the Statutes of Saskatchewan, 2013 (effective September 1, 2014, except sections 114 to 116, 118 to 119, subsection 121(2) and subsections 122(3) to (5) and (7) to (8) not yet proclaimed) as amended by the Statutes of Saskatchewan, 2016, c. 27; and 2018, c.42. *NOTE: Pursuant to subsection 33(1) of The Interpretation Act, 1995, the Consequential Amendment sections, schedules and/or tables within this Act have been removed. Upon coming into force, the consequential amendments contained in those sections became part of the enactment(s) that they amend, and have thereby been incorporated into the corresponding Acts. Please refer to the Separate Chapter to obtain consequential amendment details and specifics. NOTE: This consolidation is not official and is subject to House amendments and Law Clerk and Parliamentary Counsel changes to Separate Chapters that may be incorporated up until the publication of the annual bound volume. Amendments have been incorporated for convenience of reference and the official Statutes and Regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the official Statutes and Regulations, errors that may have appeared are reproduced in this consolidation. 2 c. C-30.2 CONSUMER PROTECTION AND BUSINESS PRACTICES Table of Contents PART I DIVISION 3 Preliminary Matters Statutory Warranties 1 Short title 19 Statutory warranties 2 Interpretation 20 Sale by description 3 Act binds Crown 21 Manufacturers deemed to give statutory warranties PART II Marketplace Practices 22 Onus of proof 23 Retail seller’s rights against manufacturer DIVISION 1 Interpretation and Application of Part DIVISION 4 4 Interpretation of Part Additional Written Warranties 5 Application of Part 24 Retail seller deemed warrantor 25 Additional written warranty concurrent with DIVISION 2 statutory warranty Unfair Practices 6 Unfair practices DIVISION 5 Remedies 7 Specific unfair practices 26 No privity of contract required 8 Unfair practices prohibited 27 Remedies are additional 9 Circumstances surrounding unfair practice 28 Remedies for breach of statutory or PART III express warranties Consumer Products Warranties 29 If subsequent owner claims purchase price DIVISION 1 30 If party in breach must repair consumer product Interpretation and Application of Part 31 If consumer rejects consumer product 10 Interpretation of Part 32 Remedy for breach of additional written 11 Part not self-contained code warranty to repair or replace 12 Subsequent owners 33 Additional repair costs 13 Second-hand or substandard consumer products DIVISION 6 14 Second-hand dealers Damages, Costs and Limitation of Actions 15 Waiver of benefits ineffective; inclusion 34 Costs of disassembly and damages for claim of certain clauses forbidden of lien or failure to assemble DIVISION 2 35 User may recover damages Express Warranties 36 Exemplary damages 16 Express warranties 37 Party-party costs 17 Parol evidence rule abolished DIVISION 7 18 Express warranties in labels or packages, Resolution of Disputes in advertising, deemed part of description 38 Service of documents 39 Effect of breach of standards 3 CONSUMER PROTECTION AND BUSINESS PRACTICES c. C-30.2 DIVISION 8 DIVISION 2 Regulations for Part Licensing 40 Regulations for Part 56 Licence required – designated businesses PART IV 57 Licence required for each location Unsolicited Goods 58 Application for licence 41 Interpretation of Part 59 Financial security may be required 42 Legal obligations of recipients 60 Financial security not in force 43 No action for loss, etc., in absence 61 Issuance of acknowledgment 62 Effect of licence PART V 63 Terms and conditions Consumer Contracts 64 Compliance with terms and conditions required 44 Interpretation of Part 65 Suspension or cancellation of licence 45 Application of Part 66 Automatic cancellation of licence 46 Regulations for Part 67 Licence not transferable PART VI 68 Expiry of licence Prepaid Purchase Cards 69 Further information or material DIVISION 1 Interpretation and Application of Part 70 Licensee to notify director if circumstances change 47 Interpretation of Part 71 Opportunity to be heard 48 Application of Part 72 Order against others DIVISION 2 73 Duty to maintain records Regulation of Prepaid Purchase Cards 74 Regulations for Part 49 No expiry date 75 Registration 50 Information to be provided 51 Fees PART VIII Administration and Appeals of 52 Agreements waiving provisions of Act Director’s Orders and Decisions null and void 53 Regulations for Part DIVISION 1 Director and Administration PART VII 76 Interpretation of Part Designated Activities and Licensing 77 Director appointed DIVISION 1 78 Inspections, audits and examinations Preliminary 79 Written demand to produce records or property 54 Interpretation of Part 80 Voluntary compliance 55 Designated businesses 81 Power of director to order compliance 82 Power of court to order compliance 83 Investigations 84 Costs 4 c. C-30.2 CONSUMER PROTECTION AND BUSINESS PRACTICES DIVISION 2 DIVISION 2 Appeals of Director’s Orders and Decisions Offences and Penalties 85 Appeal to court 108 Offences and penalties 86 Documents to be filed with the court 109 Offences by officers, directors or agents for purposes of appeal 110 Compliance orders and restitution 87 Decision by court 111 Limitation on prosecution 88 Stay 112 Defence 89 Appeal to Court of Appeal DIVISION 3 PART IX Regulations General Matters, Offences and Regulations 113 Regulations DIVISION 1 PART X General Matters Repeal, Transitional, Consequential 90 Mediation and Coming into Force 91 Consumer may commence action 114 R.S.S. 1978, c.A-34 repealed 92 Action by director for consumer 115 S.S. 2002, c.C-6.2 repealed 93 Court order 116 R.S.S. 1978, c.C-15 repealed 94 Order to refrain from dealing with property 117 S.S. 1996, c.C-30.1 repealed 95 Variation of order 118 S.S. 2004, c.C-43.2 repealed 96 Bond in lieu of order 119 R.S.S. 1978, c.D-28 repealed 97 Injunction 120 R.S.S. 1978, c.M-22 repealed 98 Practice or activity outside Saskatchewan 121 S.S. 1999, c.C-4.01 amended 99 Confidentiality 122 S.S. 2012, c.F-13.5, section 2 amended 100 Director and others not compellable to 123 Transitional give evidence 124 Coming into force 101 Resolving disputes 102 Jurisdiction 103 Rights transferred – heirs, assignees 104 Other remedies 105 Advertising 106 Immunity 107 Restrictions on access to records 5 CONSUMER PROTECTION AND BUSINESS PRACTICES c. C-30.2 CHAPTER C-30.2 An Act respecting Consumer Protection and Business Practices, to repeal certain Acts and to make consequential amendments to other Acts PART I Preliminary Matters Short title 1 This Act may be cited as The Consumer Protection and Business Practices Act. Interpretation 2 In this Act: (a) “business day” means a day other than a Saturday, Sunday or a holiday; (b) “consumer”, subject to sections 10, 44 and 102 and other than in Part VII, means an individual who participates or may participate in a transaction involving goods or services; (c) “court”, unless the context otherwise requires, means the Court of Queen’s Bench; (d) “director” means the person appointed pursuant to section 77; (e) “goods”, subject to the regulations and other than in Part VII, means personal property, including fixtures, ordinarily used for personal, family or household purposes that has been or may be sold, leased or otherwise provided by a supplier to a consumer; (f) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (g) “prescribed” means prescribed in the regulations; (h) “services”, subject to section 44 and other than in Part VII, means services ordinarily provided for personal, family or household purposes that have been or may be sold, leased or otherwise provided by a supplier to a consumer; 6 c. C-30.2 CONSUMER PROTECTION AND BUSINESS PRACTICES (i) “supplier” means a person who, as principal or agent, carries on the business of: (i) selling, leasing or otherwise providing goods or services on a retail basis; (ii) manufacturing, importing, producing or assembling goods; or (iii) distributing goods or services; and includes a person who issues or sells a prepaid purchase card and a licensee as defined in Part VII; (j) “supply” includes, with respect to the supply of services to a consumer, a sale, lease or other arrangement. 2013, c.C-30.2, s.2. Act binds Crown 3 This Act binds the Crown. 2013, c.C-30.2, s.3. PART II Marketplace Practices DIVISION 1 Interpretation and Application of Part Interpretation of Part 4 In this Part and in Part IX, “unfair practice” means an unfair practice within the meaning of section 6. 2013, c.C-30.2, s.4. Application of Part 5 This Part applies to any transaction or proposed transaction involving goods or services other than a prescribed transaction or proposed transaction or prescribed type or kind of transaction or proposed transaction. 2013, c.C-30.2, s.5. 7 CONSUMER PROTECTION AND BUSINESS PRACTICES c. C-30.2 DIVISION 2 Unfair Practices Unfair practices 6 It is an unfair practice for a supplier, in a transaction or proposed transaction involving goods or services, to: (a) do or say anything, or fail to do or say anything, if as a result a consumer might reasonably be deceived or misled; (b) make a false claim; (c) take advantage of a consumer if the person knows or should reasonably be expected to know that the consumer: (i) is not in a position to protect his or her own interests; or (ii) is not reasonably able to understand the nature of the transaction or proposed transaction; or (d) without limiting the generality of clauses (a) to (c), do anything mentioned in section 7.
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