Circumstance to be considered by the court

1  Pursuant to section 33 (2) (j) of the Trade Practice Act, a circumstance to be considered by the court is whether with respect to a consumer transaction involving the sale, transfer, assignment or other disposition by a consumer to a supplier of the consumer's right or possible right to receive now or at any time in the future, a payment, refund or other benefit, the amount received or to be received by the consumer from the supplier is so small in relation to the total amount to which the consumer would be entitled if the consumer transaction had not been entered into, the result is harsh or inequitable.

 Loan broker

2  (1)  It is a deceptive act or practice for the purposes of section 3 of the Trade Practice Act for a person to collect or attempt to collect from a consumer or potential consumer a fee for

(a) offering to arrange for the consumer or potential consumer to obtain a loan or other form of credit, or

(b) arranging or attempting to arrange for the consumer or potential consumer to obtain a loan or other form of credit.

(2)  Subsection (1) does not apply if the fee is deducted in total from the proceeds of the loan or other form of credit to which it relates.

[en. B.C. Reg. 50/96.]