Section 1 definition of "time share contract" BEFORE amended by 2004-41-48, effective January 1, 2005 (BC Reg 505/2004).
"time share contract" means a contract by which the consumer acquires the right to use property, whether or not the property is located in British Columbia,
(a) for a period of time each year or other interval, and
(b) as part of a plan that provides for the use of the property to circulate, in any year or other interval, among persons participating in the plan,
but does not include a time share plan as defined in the Real Estate Act;
Section 1 (1) definition of "goods" BEFORE amended by 2008-15-1(a), effective November 1, 2008 (BC Reg 292/2008).
"goods" means personal property, fixtures and credit, but does not include a security as defined in the Securities Act or contracts of insurance under the Insurance Act;
Section 1 (1) definition of "prepaid purchase card" was added by 2008-15-1(b), effective November 1, 2008 (BC Reg 292/2008).
Section 1 (1) definition of "payday loan" was added by 2007-35-1, effective November 1, 2009 (BC Reg 57/2009 as amended by BC Reg 171/2009 as amended by BC Reg 171/2009).
Section 2 (1) BEFORE amended by 2025-3-2, effective March 31, 2025 (RA).
(1) Parts 6 [Credit Reporting] and 7 [Debt Collection] apply to transactions, matters or things, regardless of whether they involve a consumer.
Section 8 (3) (b) BEFORE amended by 2023-10-42, effective March 30, 2023 (Royal Assent).
(b) that the supplier took advantage of the consumer or guarantor's inability or incapacity to reasonably protect his or her own interest because of the consumer or guarantor's physical or mental infirmity, ignorance, illiteracy, age or inability to understand the character, nature or language of the consumer transaction, or any other matter related to the transaction;
Section 12 (2) BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent).
(2) Unless the consumer has given the acknowledgment referred to in subsection (1), the supplier does not have a cause of action for any loss, use, misuse, possession, damage or misappropriation in respect of the goods or services or the value obtained by the use of the goods or services.
Section 12 (1) BEFORE amended by 2023-10-43, effective March 30, 2023 (Royal Assent).
(1) A consumer has no legal obligation in respect of unsolicited goods or services unless and until the consumer expressly acknowledges to the supplier in writing his or her intention to accept the goods or services.
Section 14 (1) BEFORE amended by 2023-10-43, effective March 30, 2023 (Royal Assent).
(1) A consumer who pays for unsolicited goods or services may give to the supplier a demand, in writing, for a refund from the supplier within 2 years after the consumer first received the goods or services if the consumer did not expressly acknowledge to the supplier in writing his or her intention to accept the goods or services.
Section 17 definition of "direct sales contract" BEFORE amended by 2008-15-2(a), effective November 1, 2008 (BC Reg 292/2008).
"direct sales contract" means a contract between a supplier and a consumer for the supply of goods or services that is entered into in person at a place other than the supplier's permanent place of business, but does not include
(a) a funeral contract, interment right contract or preneed cemetery or funeral services contract, or
(b) a contract for which the total price payable by the consumer, not including the total cost of credit, is less than a prescribed amount;
Section 17 definition of "distance sales contract" BEFORE amended by 2008-15-2(b), effective November 1, 2008 (BC Reg 292/2008).
"distance sales contract" means a contract for the supply of goods or services between a supplier and a consumer that is not entered into in person and, with respect to goods, for which the consumer does not have the opportunity to inspect the goods that are the subject of the contract before the contract is entered into;
Section 17 definition of "future performance contract" BEFORE amended by 2008-15-2(c), effective November 1, 2008 (BC Reg 292/2008)
"future performance contract" means a contract between a supplier and a consumer for the supply of goods or services for which the supply or payment in full of the total price payable is not made at the time the contract is made or partly executed, but does not include
(a) a contract for which the total price payable by the consumer, not including the total cost of credit, is less than a prescribed amount,
(b) a contract for the supply of goods or services under a credit agreement, as defined in section 57 [definitions], if the goods or services have been supplied, or
(c) a time share contract;
Section 18 (3) was added by 2007-35-2, effective November 1, 2009 (BC Reg 57/2009 as amended by BC Reg 171/2009 as amended by BC Reg 171/2009).
Section 18 (3) BEFORE amended by 2019-22-1(a), effective May 1, 2022 (BC Reg 289/2021).
(3) Part 6.1 applies instead of this Part in respect of any contract for the supply, arrangement or provision of a payday loan.
Section 24 (5) BEFORE amended by 2019-22-2, effective May 16, 2019 (Royal Assent).
(5) For the purpose of subsection (3), all continuing services contracts, except a contract renewed under subsection (4), that
(a) are in effect between the same supplier and the same consumer at the same time, and
(b) provide for the performance of the same or similar services,
whether or not services are being supplied concurrently under 2 or more of the contracts, are deemed to be one contract.
Section 25 (3) (b) BEFORE amended by 2011-24-1, effective August 1, 2012 (BC Reg 121/2012).
(b) a physical, medical or mental disability of the consumer, substantiated in writing by a medical practitioner showing that the consumer's continued participation is unreasonable because of the consumer's condition or is likely to endanger the consumer's health, or
Section 25 (4) (c) BEFORE amended by 2023-10-44, effective March 30, 2023 (Royal Assent).
(c) when the supplier relocates his or her facility so that the distance between the supplier and the consumer is more than 30 km greater than when the supplier and the consumer entered into the contract, and the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer's location.
Section 34 (1) (d) BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent).
(d) a statement that embalming is not a legal requirement but may be required in some cases and, if embalming is required, provide a space for the written acknowledgment of that service by the consumer;
Section 36 (1) (d) BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent).
(d) provide a space for the written acknowledgment by the consumer that the consumer has received the information required by section 35 to be disclosed;
Section 48 (4) BEFORE amended by 2021-27-35, effective October 28, 2021 (Royal Assent).
(4) A copy of the distance sales contract given in accordance with subsection (3) (a) is deemed to be received on the 3rd day after it is sent.
Part 4.1, sections 56.1 to 56.5, was enacted by 2008-15-3, effective November 1, 2008 (BC Reg 292/2008).
Section 56.1 BEFORE amended by 2019-22-3, effective May 1, 2022 (BC Reg 289/2021).
Definition
56.1 In this Part, but subject to the regulations, "prepaid purchase card" means a card, written certificate or other voucher or device with a monetary value that is issued or sold to a person in exchange for the future supply of goods or services to a consumer, and includes a gift card and gift certificate, but does not include a cash card as defined in Part 6.1 [Payday Loans].
Sections 57 to 60 enacted by 2004-2-57-60, effective July 1, 2006 (BC Reg 274/2004 as amended by BC Regs 520/2004 and 349/2005).
Section 57 (1) definition of "cash price", paragraph (c) BEFORE amended by 2019-22-4, effective May 16, 2019 (Royal Assent).
(c) for an advertisement by a credit grantor or an associate of the credit grantor,
(i) the price at which the product is currently offered to cash customers or,
(ii) if the credit grantor or associate of the credit grantor does not currently offer the product to cash customers, the credit grantor's reasonable estimate of the price at which cash customers would buy those goods,
and, for the purpose of determining the amount advanced under a credit agreement, includes discounts, taxes and any other charges payable by a cash customer;
Section 58 (2) (part) BEFORE amended by 2007-35-3, effective November 1, 2009 (BC Reg 57/2009 as amended by BC Reg 171/2009 as amended by BC Reg 171/2009).
(2) Subject to subsection (3), this Part applies to a credit agreement if
Section 58 (4) was added by 2007-35-3, effective November 1, 2009 (BC Reg 57/2009 as amended by BC Reg 171/2009).
Section 61 (part) enacted by 2004-2-61, effective July 1, 2006 (BC Reg 274/2004 as amended by BC Regs 520/2004 and 349/2005).
Sections 62 to 90 enacted by 2004-2-62-90, effective July 1, 2006 (BC Reg 274/2004 as amended by BC Regs 520/2004 and 349/2005).
Section 91 (part) enacted by 2004-2-91, effective July 1, 2006 (BC Reg 274/2004 as amended by BC Regs 520/2004 and 349/2005).
Sections 92 to 105 enacted by 2004-2-92-105, effective July 1, 2006 (BC Reg 274/2004 as amended by BC Regs 520/2004 and 349/2005).
Section 105 (2) (b) BEFORE amended by 2025-3-28, effective March 31, 2025 (RA).
(b) be recovered in an action under section 171 [damages recoverable].
Section 108 (1) (c.1) BEFORE amended by RS2024-1-RevSch 2, effective June 17, 2024 (BC Reg 151/2024).
(c.1) in response to a request made under section 22 (6.1) of the Civil Forfeiture Act,
Section 109 (1) (e) BEFORE repealed by 2012-13-35, effective June 1, 2013 (BC Reg 290/2012).
(e) information about legal proceedings, accounts or debts that, on their face, are statute barred;
Section 109 (1) (d) BEFORE amended by 2025-3-29, effective March 31, 2025 (RA).
(d) information about a legal proceeding in which the individual is a nominal defendant or in which the cause of action is primarily other than for a liquidated amount;
Part 6.1, sections 112.01 to 112.11, was enacted by 2007-35-4, effective November 1, 2009 (BC Reg 57/2009 as amended by BC Reg 171/2009).
Section 112.01 definition of "cash card", paragraph (b) BEFORE amended by 2019-22-5(a), effective May 16, 2019 (Royal Assent).
(b) is issued by a payday lender to the borrower of a payday loan instead of advancing cash or transferring money to the borrower or to the order of the borrower;
Section 112.01 definitions of "high-cost credit product", "loan broker" and "personal information" were added by 2019-22-5(b), effective May 16, 2019 (Royal Assent).
Section 112.01 definition of "payday lender" BEFORE amended by 2019-22-5(c), effective May 16, 2019 (Royal Assent).
"payday lender" means a supplier who offers, arranges or provides payday loans to or for consumers;
Section 112.08 (1) (c), (d), (i) and (j) BEFORE amended by 2019-22-8(a), (b), (c) and (d), effective May 16, 2019 (Royal Assent).
(c) issue a payday loan in excess of a prescribed portion of a borrower's net pay or other net income to be received during the payday loan term;
(d) require or request from a borrower any payment in excess of a prescribed portion of the borrower's net pay or other net income to be received during the payday loan term;
(i) require or request that the borrower insure a payday loan;
(j) require, request or accept an assignment of wages from the borrower of a payday loan;
Part 6.2, sections 112.12 to 112.15, was enacted by 2007-35-4, effective September 1, 2018 (BC Reg 127/2018).
Section 112.15 was renumbered as section 112.15 (1) by 2019-22-9(a), effective July 16, 2019 (BC Reg 169/2019).
Part 6.3, sections 112.16 to 112.33, was enacted by 2019-22-10, effective May 1, 2022 (BC Reg 289/2021).
Section 115 (1) (a) and (b) BEFORE amended by 2015-6-1(a), effective April 1, 2016 (BC Reg 231/2015).
(a) the name of the creditor with whom the debt was incurred,
Section 116 (1) (a) and (b) BEFORE amended by 2015-6-2(a), effective April 1, 2016 (BC Reg 231/2015).
(a) the collector does not have the home address or telephone number for the debtor and the collector contacts the debtor solely for the purpose of requesting the debtor's home address or telephone number or both,
(b) the collector has attempted to contact the debtor at the debtor's home address or telephone number, but the collector has not contacted the debtor in any of those attempts, or
Section 116 (3) (a) and (b) BEFORE amended by 2015-6-2(b), effective April 1, 2016 (BC Reg 231/2015).
(a) the name of the creditor with whom the debt was incurred,
Section 117 (1) (part) BEFORE amended by 2015-6-3(a), effective April 1, 2016 (BC Reg 231/2015).
(1) Except for the purpose of obtaining the debtor's home address or telephone number, a collector must not communicate or attempt to communicate with a member of the debtor's family or household, or a relative, neighbour, friend or acquaintance of the debtor unless
Section 117 (2) (a) BEFORE amended by 2015-6-3(b), effective April 1, 2016 (BC Reg 231/2015).
(a) for the purpose of confirming the debtor's employment, business title and business address, or
Section 121 (1) (a) and (b) BEFORE amended by 2015-6-4(a) and (b), effective April 1, 2016 (BC Reg 231/2015).
(a) bring or continue a legal proceeding for the recovery of a debt as plaintiff unless the debtor has been given notice of the assignment, or
(b) bring a legal proceeding unless the collector first gives notice to the debtor that the collector intends to bring the proceeding.
Section 121 (2) BEFORE amended by 2015-6-4(d), effective April 1, 2016 (BC Reg 231/2015).
(2) A collector must not recommend to a creditor that a legal proceeding be brought, unless the collector first gives notice to the debtor that the collector intends to recommend that a proceeding be brought.
Section 125 definitions of "debt pooler" and "debt pooling system" BEFORE repealed by 2015-6-6(a), effective April 1, 2016 (BC Reg 231/2015).
"debt pooler" means a person, whether in British Columbia or not, who in the course of business arranges or operates a debt pooling system;
"debt pooling system" means an arrangement or procedure under which a debtor pays to a debt pooler money to be distributed or paid, according to a system, by that debt pooler to 3 or more creditors of the debtor.
Section 125 definition of "debt repayment agent" was added by 2015-6-6(b), effective April 1, 2016 (BC Reg 231/2015).
Section 126 (2) and (3) BEFORE amended by 2015-6-7, effective April 1, 2016 (BC Reg 231/2015).
(2) A collection agent or debt pooler must do the following without notice or demand:
(a) account for and pay the money collected, less the collection agent or debt pooler's proper charges, to the creditor on whose behalf the money was collected
(i) within 30 days after the end of a month during which the collection agent or debt pooler collected $100 or more for a creditor, or
(ii) within 60 days after the end of a month during which the collection agent or debt pooler collected less than $100 for a creditor;
(b) if the collection agent or debt pooler cannot locate the creditor within the applicable period of time under paragraph (a), pay the money, without deduction, within 60 days to the debtor from whom it was collected;
(c) if the collection agent or debt pooler has collected from a debtor more money than the amount owing to the debtor's creditors, pay any surplus money, without deduction, within 60 days to the debtor;
(d) if the collection agent or debt pooler cannot locate the debtor to whom money is due under paragraph (b) or (c), pay the money to the administrator within 7 days after the end of the applicable period of time under those paragraphs.
(3) If the director, or a creditor or debtor who is entitled to money collected, makes demand, the collection agent or debt pooler must immediately account for the money collected and pay it to the person who is entitled under this section.
Section 127 BEFORE re-enacted by 2015-6-8, effective April 1, 2016 (BC Reg 231/2015).
Debt pooling
127 (1) If, under a debt pooling system, a debtor pays money to a debt pooler for distribution to the debtor's creditors, that debt pooler
(a) must not act for or represent any of the creditors, and
(b) is deemed to act for and represent the debtor.
(2) A contract between a debt pooler and a debtor must be in writing and signed by the debtor.
(3) A debt pooler must not charge fees or disbursements in excess of the prescribed amount.
Part 8, Division 3, sections 141.1 to 141.5, was enacted by 2019-22-11, effective May 1, 2022 (BC Reg 289/2021).
Section 142 (part) definition of "telemarketer" was added by 2004-2-142, effective October 1, 2005 (BC Reg 83/2005).
Section 142 BEFORE re-enacted by 2005-35-3, effective December 9, 2008 (BC Reg 400/2008).
Definitions
142 In this Division:
"bailiff" has the same meaning as in section 125 [definitions];
"collection agent" has the same meaning as in section 125 [definitions], but does not include a bailiff;
"debt pooler" has the same meaning as in section 125 [definitions];
"telemarketer" means a supplier who initiates contact with a consumer by telephone or facsimile for the purpose of conducting a consumer transaction;
"travel agent" means a person who, in the course of business, sells or otherwise provides to the public travel services supplied by another person;
"travel service" means transportation, accommodation or other service for the use or benefit of a traveller, tourist or sightseer;
"travel wholesaler" means a person who, in the course of business,
(a) supplies the person's own travel transportation to the public on an irregular basis at nonfixed times,
(b) purchases or acquires from another person rights to travel services for the purpose of resale, or
(c) deals with travel agents or other travel wholesalers for the sale of travel services supplied by another person.
Section 142.1 except for (2) (e) was enacted by 2005-35-3, effective December 9, 2008 (BC Reg 400/2008).
Section 142.1 (5) was added by 2007-35-11, effective November 1, 2009 (BC Reg 57/2009 as amended by BC Reg 171/2009).
Section 142.1 (4) (d) BEFORE repealed by 2010-2-9(b), effective April 1, 2010.
(d) the Homeowner Protection Office;
Section 142.1 (3) (t) BEFORE re-enacted by 2011-19-100, effective January 9, 2012 (BC Reg 239/2011).
(t) the Teaching Profession Act;
Section 142.1 (2) (s) BEFORE amended by 2013-13-12, effective April 1, 2013 (BC Reg 145/2013).
(s) the Emergency and Health Services Act;
Section 142.1 (2) (q) BEFORE repealed by 2014-16-106(b), effective January 19, 2015 (BC Reg 7/2015).
Section 142.1 (2) BEFORE amended by 2015-1-87, effective June 24, 2015 (BC Reg 114/2015).
(2) The Lieutenant Governor in Council may not designate a business, industry, trade, profession, occupation or employment in relation to which any of the following apply:
(a) the Accountants (Certified General) Act;
(b) the Accountants (Chartered) Act;
(c) the Accountants (Management) Act;
(d.1) the Animal Health Act, as it relates to licences or permits for game within the meaning of a regulation made under that Act;
(g) the Architects (Landscape) Act;
(h) the Building Officials' Association Act;
(j) the College of Applied Biology Act;
(k) the Community Care and Assisted Living Act;
(m) the Engineers and Geoscientists Act;
(s) the Emergency Health Services Act;
(t) the Health Professions Act;
Section 142.1 (2) (i), (l) and (u) BEFORE repealed by 2019-22-12(a), effective May 16, 2019 (Royal Assent).
Section 142.1 (3) (e), (j), (k) and (n) BEFORE repealed by 2019-22-12(b), effective May 16, 2019 (Royal Assent).
(e) the Medical Practitioners Act;
Section 142.1 (3) (m) BEFORE amended by 2019-22-12(c), effective May 16, 2019 (Royal Assent).
(m) the Pharmacists, Pharmacy Operations and Drug Scheduling Act;
Section 142.1 (4) (c) BEFORE amended by 2019-14-28,Sch 1, effective November 1, 2019 (BC Reg 197/2019).
Section 142.1 (5) BEFORE amended by 2019-22-13, effective May 1, 2022 (BC Reg 289/2021).
(5) Subsection (4) (c) does not apply if the designated activity is the offering, arranging or providing of payday loans to or for consumers.
Section 142.1 (2) (d), (j), (m) and (p) BEFORE repealed by 2022-19-63(a), effective June 2, 2022 (Royal Assent).
(j) the College of Applied Biology Act;
Section 143 BEFORE re-enacted by 2005-35-3, effective December 9, 2008 (BC Reg 400/2008).
Licence required
143 A person must not act or hold himself, herself or itself out as any of the following, unless the person is licensed for that purpose or is exempt by regulation from the requirement to be licensed:
(a) bailiff;
(b) collection agent;
(c) debt pooler;
(d) telemarketer;
(e) [Not in force.]
(f) travel agent;
(g) travel wholesaler.
Section 149 (a) (iii) BEFORE amended by 2025-3-30, effective March 31, 2025 (RA).
(iii) a compliance order, direct sales prohibition order, property freezing order, undertaking or court order made under this Act;
Section 171 (1) (d) BEFORE amended by 2015-6-9, effective April 1, 2016 (BC Reg 231/2015).
(d) bailiff, collection agent or debt pooler, as defined in section 125 [definitions], or
Section 171 (1) (part) BEFORE amended by 2025-3-32(a), effective March 31, 2025 (RA).
(1) Subject to subsection (2), if a person, other than a person referred to in paragraphs (a) to (e), has suffered damage or loss due to a contravention of this Act or the regulations, the person who suffered damage or loss may bring an action against a
Section 171 (2) BEFORE amended by 2025-3-32(b), effective March 31, 2025 (RA).
(2) A person must not bring an action under this section if an application has been made, on the person's behalf, to the court in respect of the same defendant and transaction under section 192 [compensation to consumers].
Section 171 (3) BEFORE amended by 2025-3-32(c), effective March 31, 2025 (RA).
(3) The Provincial Court has jurisdiction for the purposes of this section, even though a contravention of this Act or the regulations may also constitute a libel or slander.
Section 173 (1) BEFORE amended by 2010-6-25, effective July 1, 2010.
(1) A person who
(a) brings an action under section 171 [damages recoverable] must serve the director with a copy of the writ of summons or notice of claim, or
(b) brings an action under section 172 [court actions respecting consumer transactions] must serve the director with a copy of the writ of summons.
Section 175 (4) BEFORE amended by 2007-14-7, effective October 18, 2007 (BC Reg 311/2007).
(4) In making a determination under this Act, sections 1, 11, 14 (a) and (c), 15, 18, 28, 29, 33, 35 to 37, 39, 40 (5) and 57 of the Administrative Tribunals Act apply to the director as if the director were a tribunal under that Act.
Section 179 (1) BEFORE amended by 2019-22-14, effective May 1, 2022 (BC Reg 289/2021).
(1) Despite the power of the Lieutenant Governor in Council to make regulations prescribing the amount of payments to a compensation fund or respecting any fees or charges payable in respect of a licence, the administrative authority may set the amounts, fees or other charges if the administrative authority is designated as a director and, as director, is authorized to carry out powers, functions and duties related to the imposition of the amount, fee or charges payable to a compensation fund or for a licence.
Section 183 (1) (d.1) to (d.5) were added by 2007-35-7, effective November 1, 2009 (BC Reg 57/2009 as amended by BC Reg 171/2009).
Section 183 (1) (e) BEFORE amended by 2010-6-94,Sch 4, effective July 1, 2010.
(e) serving the director with a writ of summons or notice of claim under section 173 [notice of director].
Section 183 (2) (b) (iii) BEFORE amended by 2017-10-61,Sch 2, effective November 2, 2017 (Royal Assent).
(iii) by leaving a copy in a mail box or mail slot for the address at which that person resides, or
Section 183 (2) (c) (iv) BEFORE amended by 2017-10-61,Sch 2, effective November 2, 2017 (Royal Assent).
(iv) by leaving a copy in a mail box or mail slot for the address at which that person carries on business, or
Section 184 (c) BEFORE amended by 2017-10-61,Sch 2, effective November 2, 2017 (Royal Assent).
(c) if given or served by leaving a copy in a mail box or mail slot, on the 3rd day after it is left;
Section 184 (a) to (e) BEFORE amended by 2021-27-37, effective October 28, 2021 (Royal Assent).
(a) if given or served by sending a copy by ordinary or registered mail, on the 5th day after it is mailed;
(b) if given or served by sending a copy by electronic mail, on the 3rd day after it is sent;
(c) if given or served by leaving a copy in a mailbox or mail slot, on the 3rd day after it is left;
(d) if given or served by attaching a copy to a door or other conspicuous place, on the 3rd day after it is attached;
(e) if given or served by transmitting a copy by facsimile, on the 3rd day after it is transmitted;
Section 185 (1) (c) BEFORE amended by 2025-3-34, effective March 31, 2025 (RA).
(c) in court proceedings related to this Act, or other similar enactments of British Columbia, another province or Canada,
Section 188 (2) (b) BEFORE renumbered by BC Reg 346/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 346/2006).
(2) A statement respecting any of the following purporting to be signed by the director is proof, in the absence of evidence to the contrary, of the facts stated in the statement for all purposes in a proceeding, without proof of the signature or the authority of the director:
(a) the existence, non-existence or status of a licence;
(b) the designation of a person as an inspector;
(b) the filing or submission of information or a record to the director.
Section 189 (4) (f.1) to (f.5) were added by 2007-35-8, effective November 1, 2009 (BC Reg 57/2009 as amended by BC Reg 171/2009).
Section 189 (4) (n) and (r) BEFORE amended by 2015-6-10, effective April 1, 2016 (BC Reg 231/2015).
Section 189 (4) (f.7) to (f.17) were added by 2019-22-16(part), effective May 1, 2022 (BC Reg 289/2021).
Section 192 (2) BEFORE amended by 2025-3-38, effective March 31, 2025 (RA).
(2) An aggrieved consumer or guarantor, or the Crown prosecutor at the request and on behalf of the aggrieved consumer or guarantor, may apply for an order under subsection (1), unless the aggrieved consumer or guarantor has commenced an action against the defendant under section 171 [damages recoverable] in respect of the same transaction.
Section 196 enacted by 2004-2-196, effective July 1, 2006 (BC Reg 274/2004 as amended by BC Regs 520/2004 and 349/2005).
Section 197.1 was enacted by 2007-35-9, effective November 1, 2009 (BC Reg 57/2009 as amended by BC Reg 171/2009).
Section 201 (a) and (b) BEFORE amended by 2019-22-19, effective May 16, 2019 (Royal Assent).
(a) define classes of persons, things or transactions;
(b) make different regulations for different classes of persons, things or transactions;
Section 203.1 was enacted by 2007-35-10, effective November 1, 2009 (BC Reg 57/2009 as amended by BC Reg 171/2009).
Section 203.1 BEFORE self-repeal by 2004-2-203.1(9), effective April 30, 2010 (6 months after s. 112.02 coming into force).
Transitional — payday loans
203.1 (1) Subject to this section, Part 6.1 does not apply in respect of a payday loan made before this subsection comes into force.
(2) Despite subsection (1), section 112.08 (1) (a) [other prohibited payday lender practices — rollovers] and the remedies and penalties available under section 112.10 (3), (4), (7) and (9) [remedies] and Part 13 [Offences and Penalties] for contravention of section 112.08 (1) (a) apply in respect of a payday loan made before or after this subsection comes into force.
(3) In addition to the exception in subsection (2), the Lieutenant Governor in Council may, by regulation, set the maximum amount, or establish a rate, formula, tariff or method of determining the maximum amount, that may be charged, required or accepted, other than interest, for failure to make a payment as it comes due under a payday loan made before this subsection comes into force.
(4) A payday lender must not charge, require or accept from the borrower any amount that exceeds a maximum set or determined under subsection (3).
(5) Subsections (6) and (7) apply in respect of a payday loan that was made before this subsection comes into force if on or after that date
(a) the borrower fails to make a payment under the payday loan, and
(b) the payday lender contravenes subsection (4) of this section.
(6) If the borrower has paid an amount referred to in subsection (4), the borrower is entitled to a refund of all monies paid in excess of the principal of the payday loan.
(7) If the borrower is entitled to a refund under subsection (6), the payday lender must provide the refund immediately on demand by the borrower or by the director.
(8) The definitions in Part 6.1 apply for the purposes of this section.
(9) This section is repealed 6 months after section 112.02 [limits on total cost of borrowing — payday loans] comes into force.
Section 207 enacted by 2004-2-207, effective July 1, 2006 (BC Reg 274/2004 as amended by BC Regs 520/2004 and 349/2005).
Section 208 (1) BEFORE repealed by 2015-6-12, effective April 1, 2016 (BC Reg 231/2015).
(1) A licence to carry on business as a collection agent or collector issued under the Debt Collection Act is deemed to be a licence issued under section 145 (1) [licences] of this Act to carry on business as a
(a) debt pooler, if, before the repeal of the Debt Collection Act, the licensee was primarily engaged in arranging or operating a debt pooling system, or
Section 211 (1) to (3) BEFORE repealed by 2004-2-211(4), effective July 3, 2006 [2 years after coming into force of s. 212].
(1) The Lieutenant Governor in Council may make regulations the Lieutenant Governor in Council considers necessary or advisable to bring this Act into operation and facilitate the transition from any former Act, or from the Cemetery and Funeral Services Act, to this Act.
(2) A regulation made under subsection (1) may be made retroactive to a date on or after the date that this section comes into force, and a regulation made retroactive is deemed to have come into force on the date specified in the regulation.
(3) A regulation made under subsection (1) is repealed one year after the later of the date that the regulation is deposited and the date the regulation comes into force.