BILL 2 – 2004: BUSINESS PRACTICES AND CONSUMER PROTECTION ACT

2004 Legislative Session: 5th Session, 37th Parliament
THIRD READING

The following electronic version is for informational purposes only.
The printed version remains the official version.

Certified correct as amended in Committee of the Whole on the 23rd day of March, 2004
Ian D. Izard, Law Clerk

HONOURABLE RICH COLEMAN
MINISTER OF PUBLIC SAFETY
AND SOLICITOR GENERAL

BILL 2 – 2004

BUSINESS PRACTICES AND CONSUMER PROTECTION ACT

Part 3 – Rights of Assignees and Guarantors Respecting Consumer Credit

Assignee's obligations

15 (1) Subject to subsection (2), an assignee of a right of a supplier in a consumer transaction has no greater right than, and is subject to the same obligations as, the assignor respecting the credit given to the consumer.

(2) A consumer must not receive from, and is not entitled to set off against, an assignee of the supplier an amount greater than the balance owing on the contract at the time of the assignment.

Guarantor has same rights as consumer

16 A guarantor may rely on a defence that is available to a consumer in an action commenced by a supplier against the guarantor, whether or not the consumer is a party to the action, but a guarantor must not use the infancy or bankruptcy of the consumer as a defence.