BUSINESS PRACTICES AND CONSUMER PROTECTION ACT — Continued 
[SBC 2004] CHAPTER 2

Part 15 — Transitional Provisions, Repeals and Consequential Amendments

Transitional Provisions

Definitions

202 In this Part:

"appointee" means the following persons:

(a) the director under the Consumer Protection Act;

(b) the director under the Credit Reporting Act;

(c) the director under the Debt Collection Act;

(d) the director under the Trade Practice Act;

(e) the registrar under section 2 of the Travel Agents Act;

(f) a member of the Travel Assurance Board under section 11 of the Travel Agents Act;

"Cemetery and Funeral Services Act" means the Cemetery and Funeral Services Act, R.S.B.C. 1996, c. 45;

"former Act" means the

(a) Consumer Protection Act, R.S.B.C. 1996, c. 69,

(b) Credit Reporting Act, R.S.B.C. 1996, c. 81,

(c) Debt Collection Act, R.S.B.C. 1996, c. 92,

(d) Trade Practice Act, R.S.B.C. 1996, c. 457, or

(e) Travel Agents Act, R.S.B.C. 1996, c. 459.

Transitional — contracts

203 (1) Subject to subsection (2), Parts 2 to 4 apply to contracts and consumer transactions entered into before, on or after the coming into force of those Parts.

(2) Subject to subsection (3), a contract or consumer transaction entered into before the coming into force of Parts 2 to 4 is not invalid or does not contravene this Act if the contract or consumer transaction complies with the provisions of a former Act or the Cemetery and Funeral Services Act.

(3) Subsection (2) does not apply to contracts that are renewed or amended after the coming into force of Parts 2 to 4.

Transitional — exemption from section 40 for Gardens of Gethsemani

204 Section 40 [money received under contract to be held in trust funds] does not apply to the cemetery, mausoleum and columbarium operated, under the name of Gardens of Gethsemani, by the Roman Catholic Archbishop of Vancouver while money paid to the Archbishop, as trustee, under a preneed cemetery or funeral services contract is held in a manner satisfactory to the director.

Transitional — trust accounts

205 Despite the repeal of the Cemetery and Funeral Services Act, that Act, as it read on the date of its repeal, continues to apply to a trust agreement established under section 102 [money as trust funds] of that Act.

Transitional — claims under the Travel Assurance Fund

206 Despite the repeal of the Travel Agents Act, if a person files a claim against the Travel Assurance Fund in respect of a loss that occurred within one year before the repeal of that Act, sections 17 to 20 [matters in respect of claims against the fund] of that Act, as they read on the date of their repeal, continue to apply to the determination of the claim.

Section Not in Force

207 [Not in force.]

Transitional — licences issued under the former Acts

208 (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

(b) collection agent, if paragraph (a) does not apply.

(2) A licence under the Debt Collection Act to act as a bailiff is deemed to be a licence, issued under section 145 (1) of this Act, to act as a bailiff.

(3) A registration to act as a travel agent or travel wholesaler under section 4 [application for registration] of the Travel Agents Act is deemed to be a licence, issued under section 145 (1) of this Act, to act as a travel agent or travel wholesaler, as applicable.

Transitional — enforcement

209 (1) An inspector may conduct an inspection for the purposes of determining whether a person

(a) has contravened a provision of a former Act or of regulations made under a former Act, within 2 years before its repeal, and no final determination has been made in respect of the contravention,

(b) has contravened a term or condition of a licence issued under a former Act within 2 years before its repeal, and no final determination has been made in respect of the contravention,

(c) is complying with a compliance order, an order requiring a person to stop direct sales, a property freezing order or a court order made under a former Act, or

(d) is complying with an undertaking given under the Trade Practice Act.

(2) During an inspection under subsection (1), an inspector may exercise any of the powers of inspection available under this Act.

(3) If, following an inspection under subsection (1), an inspector finds that there has been a contravention or failure to comply, the inspector may take any action in respect of the contravention that is authorized by the former Act, despite the repeal of the former Act, to which the contravention or failure to comply relates.

(4) An inquiry or hearing commenced under section 7 [persons who are unsuitable to act as reporting agencies] of the Credit Reporting Act that was not finished at the time of the repeal of that Act is terminated.

(5) Despite the repeal of the Trade Practice Act, that Act, as it read on the date of its repeal, continues to apply to an undertaking given under section 17 [supplier's undertaking or assurance] of that Act.

Transitional — persons acting under former Acts

210 (1) On the date that a former Act is repealed, the appointment of the appointee under that Act is rescinded.

(2) Despite subsection (1), an appointee whose appointment is rescinded under subsection (1) may, on or after the rescission date,

(a) continue to hear any matter to which the appointee was attending while holding office, and

(b) make a decision or an order in a matter referred to in paragraph (a).

(3) For the purpose of subsection (2) (b), section 147 (6) [opportunity to be heard and reconsideration] applies.

(4) On the date that a former Act is repealed, an inspector appointed under the former Act is deemed to be an inspector under this Act.

(5) On the date that a former Act is repealed, a receiver, receiver manager, trustee or liquidator appointed under the former Act is deemed to be a receiver, as defined in section 158 [receivers and trustees], appointed under this Act.

Transitional — regulations

211 (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.

(4) Subsections (1) to (3) are repealed 2 years after section 212 [Repeals] comes into force.

(5) Despite subsection (4), a regulation made under subsection (1) that is in effect 2 years after section 212 comes into force continues to have effect until repealed under subsection (3).

Repeals

212 The following may be repealed by regulation of the Lieutenant Governor in Council:

(a) the Consumer Protection Act, R.S.B.C. 1996, c. 69;

(b) the Supplement to the Consumer Protection Act;

(c) the Cost of Consumer Credit Disclosure Act, S.B.C. 2000, c. 13;

(d) the Credit Reporting Act, R.S.B.C. 1996, c. 81;

(e) the Supplement to the Credit Reporting Act;

(f) the Debt Collection Act, R.S.B.C. 1996, c. 92;

(g) the Supplement to the Debt Collection Act;

(h) the Trade Practice Act, R.S.B.C. 1996, c. 457;

(i) the Travel Agents Act, R.S.B.C. 1996, c. 459;

(j) the Supplement to the Travel Agents Act.

Consequential Amendments

[Note: See Table of Legislative Changes for the status of these provisions.]

Commencement

238 This Act comes into force by regulation of the Lieutenant Governor in Council.