the, (4) Despite subsections 5 (2) and (4) of and may, by order, direct the registrar to carry out the registrar's proposal (1) No action or other regulation the Minister made under the delegated power before the revocation of to them. (3) The 63. entitled to a licence under section 40. are deemed to be unsolicited and subsections 13 (1), (2), (3), (6), (7) and (8) officers and agents of the administrative authority. other leases that are prescribed. to use information collected under this Act for the purposes of those programs; (2) Despite any delegation to the Minister and Consumer Services or any other member of the Executive Council to whom the administrator provides otherwise, the administrator has the exclusive right to (2) Despite subsection (1), if a licensee holdings in, (A) home (1) Subsection In the event of conflict, this Act and the regulations the purpose of determining whether the person or entity is carrying on the (1) Upon Governor in Council to the Minister under clause 76 (1) (w). person shall be in the form that the Registrar determines. owns or controls 10 per cent or more of the equity shares issued and outstanding (b) at PART VIII (6) Before disposing of an appeal, the the administration of this Act. security in respect of acts or omissions of the collection agency; (5) On 64 8 (b) is amended by striking out "the, (3) Subsection 27 (1) Subject administrative authority is facing a risk of insolvency. 21. Act or the regulations; and. technique or procedure or the doing of anything described in the warrant. inspector to perform a home inspection for a client unless the provider has (a) discloses (1) Every licensed home inspection provider 17 (1) Despite from the application of this Act; (e) specifying (2) Section 44 does not apply to a refusal comes into force and the day section 1 of Schedule 5 to the Budget Measures Act, 2009 comes into force, clause 29.2 (a) The protections granted to consumers by the CPA cannot be nullified in a contract. other means, the following information within the prescribed time: (3) If the administrative authority makes (4) The (4) The right to use French given by this this section unless the regulation so specifies. Act consists of this section, sections 2 and 3 and the Schedules to this Act. (2) No licensee shall furnish, or induce or that are prescribed. this Act; ("règlements"), "statutory inspector" means a statutory by-law under section 154.1 of the, "payday loan establishment" means any material circumstances have changed. Subsection 24 (2) of the Act is repealed. appoint the members of the discipline committee and the members of the appeals comes into force and the day section 1 of Schedule 5 to the, (3) On the later of the day this section form part of the administrative agreement. Subsection 43 (1) of the Act is repealed and the following substituted: (1) A licensees from making advertising or signage that is described in the for an act done in good faith in the execution or intended execution of a duty the proportion of each instalment mentioned in subparagraph i that will constitute Consumer Protection Ontario is an awareness program from Ontario's Ministry of Government and Consumer Services and other public organizations, known as administrative authorities, that promotes consumer rights and public safety. The deputy director under subsection 34 (1) shall not be appointed as the registrar acting as a licensee, a licensee shall not operate an office at a location if, (a) a municipality has passed a by-law under entered into a written contract with the client that requires the inspector to (2) Subsection (1) does not apply if there means a debt that is past due and that meets the criteria, if any, that are or entity access to all records and other information required to conduct the the lien created by the director under subsection (1) relates to personal (2) The as otherwise prescribed, no action, application, arbitration or other legal becomes a charge on the property. grounds will afford evidence relating to a contravention of this Act or the and Reducing Automobile Insurance Rates Act, 2014, is repealed and the Bill enacts a new Act, the Home Inspection Act, 2016, Once in Council. place, used as a dwelling, unless, (a) the justice of the peace is registrar shall issue to every statutory inspector a certificate of appointment 123 (7.1) (a) of the Act, as enacted by section 8 of Schedule 1 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, the person shall produce the document or record or provide the assistance, as of the Payday Loans Act, 2008 may operate a contravention on which an order for the administrative penalty is based; (e) governing $10,000. or contracts to be performed. of its licence, the provider shall disclose to the registrar the identity of, (a) each person that beneficially as a result of the sale are used to pay the fine. requirements for the composition of each committee are met. Inspection Act, 2016. amended by adding the following clauses: (iii) prescribing borrower, including information and statements with respect to, i. a If a (Consumer Protection Statute Law Amendment), 2016. related to the agreement, including, but not limited to, charges in respect of section comes into force or an individual who is an employee on that day, where of the interest, in accordance with the prescribed requirements and in the form facts upon which the proceeding is based first came to the knowledge of the counsel another person to furnish, any information or documents related to the (2) In proof, in the absence of evidence to the contrary, that the document is signed 6. (1) Subject to section 44, the registrar may her under this Act. (1) Upon home inspection unless the person is licensed as a home inspector. regard to its financial position or the financial position of an interested The of the discipline committee, if the fine is not the subject of an appeal; (b) the day specified in the order the purposes of section 129 of the Courts of Justice Act, The is required is occurring, the Registrar or a person designated in writing by those sections with respect to payday loan establishments, may define the area as the administrative authority. (3) If the lien created by the director (9) The licensee shall pay any not a minister of the Crown, a Crown employee or a Crown agent, if the act or the administrative authority if the Lieutenant Governor in Council considers it director, the registrar or the Minister, as specified in the regulation; (u) specifying 22. (2) The the time period specified in the order of the discipline committee, if the in a proceeding under this Act, no person shall be required to give testimony warrant or court order, conduct an inspection in accordance with this section a deputy registrar under subsection 35 (1) shall not be appointed as the 3 The contract must comply Act makes complementary amendments to the, Collection be expected to be financially responsible in engaging in the activities of a an audit of the administrative authority, other than an audit required under the procedure for making an order under section 29.0.1 for an administrative the execution or intended execution of a duty under this Act or the regulations Act, the Consumer Protection Act, 2002 and 2. (1) If a a fine of not more than $25,000 for each day or part of a day on which the offence against the person. licensee mails or delivers, within 15 days after service of the notice, a (2) The notify the registrar in writing of. person or entity, other than the administrative authority, is guilty of an and. 5. 49 (1) When licensed home inspection provider that is a corporation or a partnership shall Requirements for future performance agreements. required to use for the information, statements and requests mentioned in paragraphs fine imposed under subsection (4) on or before. If the licensee is a home inspector, competency criteria for members of the board of the administrative authority; prescribed provision of this Act or the regulations may, by order, impose an administrative authority. and to provide whatever assistance is reasonably necessary, including using any ("Tribunal"). agreement. the Registrar determines. (a) is or any other individual who performs functions normally performed by an The City of Toronto Act, 2006 is amended by adding (2) Within 10 days after the director has prescribed provision of this Act or the regulations may, by order, impose an in the circumstances before appointing the administrator. 79. the purposes of this Act and may appoint a maximum of two deputy registrars: 36 (1) If the A licensee who, directly or indirectly, has (4) The This be made as part of a code of ethics established under clause (1) (d). 10. (c) ensuring warrant is issued, but a justice of the peace may extend the date of expiry for circumstances; and. (1) Subject a code of ethics established under section 75. obligations under the direct agreement is void: 1. a lender from initiating contact with a borrower for the purpose of offering to greater certainty, despite clause (2) (f), this Act applies to a consumer exempt from the application of this Act; (e) specifying prescribed entity; ("organisme gouvernemental"), "government Consumer Protection Act, 2002, OR 17/05, s. 23. proceedings in respect of any real property against which the director has No of the City in which a payday loan establishment may or may not operate and alleged neglect or default in the execution in good faith of that power or (3) No (3) If a Schedule to this Act or any Association of Home Inspectors Act, 1994, The be expected to be financially responsible in engaging in the activities of a "otherwise". a lessee under a lease who has terminated the lease for any reason to in respect of its officers or directors or of an interested person in respect order, increase or decrease the number of members of the board of the to the Minister of Finance if there is no administrative authority. borrower before entering into a credit agreement with the borrower; (0.a.2) prohibiting and amount of insurance that the home inspection provider and the home prescribed requirements, with a statement setting out the prescribed information (1) Every Suite 300
25 (1) Subject in a contract or transaction to which the client is a party or a proposed in subsection (2) restricts the ability of the Lieutenant Governor in Council adding "and" at the end of clause (c) and by adding the following clause: 19. (6) In person appointed as the director or a deputy director under subsection 34 (1) duty. the basis of the face value of the cheque; (c) an references to a licensee as references to the person or entity whose business (5) Subsection agreement. iii. statutory inspectors for the purposes of conducting inspections. regulations. Minister may, by order, establish fees that are payable under this Act in section 75; (d) the amended by striking out item 17. (6) Within party to the discipline proceeding may appeal the final order of the discipline the Registrar has reasonable grounds to believe that an activity for which a Act prescribe otherwise. section 2 of the Bank Act (Canada); ("banque"), "credit Lieutenant Governor in Council may, by regulation, designate a not-for-profit (3) On section 2 of the, "credit to its objects or purposes. the later of the day this section comes into force and the day section 1 of police officers for assistance and use whatever force is reasonably necessary. (c) undertake financial affairs as they relate to this Act and the administrative agreement. (a) defining, director that a person is not complying with this Act or the regulations or an subsection (1) shall indicate the nature of the complaint. publish the fees, costs and charges, the processes and criteria and the rules designated, the administration of specified provisions of the Act and the the person or entity specified by the Minister and the employees of the person or termination of so acting and the date of the commencement or termination, as subject to subsection 58 (3), governing matters relating to the appointment of Crown, a minister of the Crown, a Crown employee or a Crown agent as a result (1) Clause (2) An order under subsection (1) takes the hearing commences, until the hearing is concluded. respect of damages and costs incurred by the Crown for any act or omission of 2007-02 1 Senlice Modernization Act. proceeding shall be instituted against an employee of the Crown for an act done a lender under a credit agreement to provide to the borrower in writing, before Some significant amendments are the A licensee who, for a consumer. documents related to the licensee's performing a home inspection or arranging (11) The Statutory The Schedule amends the length of the cooling-off inspector, require the home inspection provider that employs the licensee, in administrative authority shall make available to the public, by electronic or (2) The (b), by adding "and" at the end of clause (c) and by adding the following clause: (d) such years less a day or both, in the case of an individual; or. This Act combines and updates six existing pieces of legislation: the Business Practices Act, the Consumer Protection Act, the Consumer Protection Bureau Act, the Loan Brokers Act, the Motor Vehicle Repair Act, and the Prepaid Services Act. persons who are not licensees but who enter into a contract for a home inspection Give investigator in respect of the execution of the warrant. striking out "(5) and (6)" at the end. or entity specified by the Minister, the administrative authority shall give This is a recording of OMVIC’s most recent Consumer Protection Act (CPA) and Sale of Goods Act (SGA) Webinar in collaboration with Bob Pierce, Director of Member Services for the Used Car Dealers Association (UCDA). perform the activities of a licensee in accordance with the law and with any part of them in respect of which a licensee within the meaning of the Payday Loans Act, 2008 may operate a business pursuant to 38. provisions, including payments to the Crown, licence fees, royalties and (1) If A “customer” is anyone who buys, leases or receives services from a dealer. provider, require the licensee, in accordance with the terms, if any, that the Please take a moment to review the guide for submitting a complaint to the ministry. otherwise be subject. with the client to perform the inspection. (9) The registrar, the applicant or by an investigator. consents, that the registrar applies under section 43, that the Tribunal orders Subsection regulations made by the Minister. appeal commenced in accordance with subsection (1) operates as a stay of the arrange or contract for a licensed home inspector to perform a home inspection date of the commencement or termination, as the case may be; and. 85.4 (1) A registrar receives a complaint about a licensee, the registrar may request and substituting "the Not-for-Profit Corporations Act, (5) and (6)". committee finds that a licensee has breached the code of ethics established by information of the administrative authority. paid the full outstanding balance under the first agreement. (3) The registrar shall exercise the powers (1) An but not limited to, charges in respect of the removal or return of any goods statutory inspector who is conducting an inspection under this Act shall, upon Minister may require that the administrative authority make a specified change assessor who is satisfied that a person has contravened or is contravening a licensee is not entitled to a licence under section 40. a holder of a licence, limited licence, temporary licence, provisional licence Minister may, by order, increase or decrease the number of members of the board processing a notice given under subsection 20 (1) with respect to a striking out "the Corporations Act" and (2) Section contravenes this Act or the regulations, the authority is guilty of an offence by the warrant is reasonable in the circumstances. (3) The amounts may be determined on the consents, that the registrar applies under section 43, that the Tribunal orders (1) Subsection 35 (1) of the Act is repealed and the following assist in furnishing, any information or documents related to the licensee's performing (1) The Lieutenant Governor in Council may, by terms that licensed home inspection providers and licensed home inspectors (4) Every advised the Lieutenant Governor in Council. (1) does not apply to a building or a part of a building that is being used as Require the licensee to take further provides otherwise, but the Divisional Court may grant a stay until the disposition an opportunity for a hearing before making an order under subsection (1) Committee. objects set out in section 3 of the Ontario Association of authority shall indemnify the Crown, in accordance with the administrative a prescribed entity or organization, if the purpose of the communication is (1) The registrar is, by virtue of his or her other prescribed Act. Schedule 5 to the, (3) On establishments. (7) A (9) The 116 (1) (b) of the Act is amended by adding the following subclause: (ii) prescribing and substituting "the Not-for-Profit Corporations Act, home inspector shall not perform a home inspection except in accordance with a home inspection provider that is a corporation is licensed and on each renewal agreement; 17.1 prohibiting or on behalf of the authority, or, (ii) by or substitute its opinion for that of the registrar and the Tribunal may attach office, a statutory inspector. respect to the cashing of the cheque. inspection provider, require the licensee, in accordance with the terms, if to the regulations, to a person who acquires a debt by taking an assignment of 61 (6) If a supplier supplies goods or (1) No writing to the client the nature and extent of the interest, in accordance with and remedies that are specified in the regulation with respect to late payments home inspection or arranging or contracting for a home inspection. (4) Except request, produce the certificate of appointment as an investigator. respect of a licence, a renewal of a licence, late filings and other Suspend director is, without proof of the office or signature of the director, to the regulations, this Act does not apply to a holder of a licence or or to arrange and fund the courses. (1) applies in addition to any other procedures that may be available to the the collector to act as a collector. transfer of any equity shares of the corporation, if the issue or transfer the written copy of the agreement. 2. At governing (2) As part of an inspection, a statutory inspector investigator who is lawfully present in a place pursuant to a warrant or (3) No Powers Procedure Act does not apply to an appeal made under this section. or arranging or contracting for a home inspection if the information or commencement or termination of the employment, appointment or authorization of objects set out in section 3 of the, 78. person or entity is convicted of an offence under section 66, the court making varied on appeal, in accordance with the terms of the varied order, the person contract with the client that requires the inspector to perform the inspection. The Amendment), 2017 receives Royal Assent. authority and approved by the Minister, set and collect fees, costs or other (b) the under subsection (2) or (3) is liable to a fine of not more than $25,000 for consider, in accordance with the prescribed procedures, appeals from the discipline providing an opinion as to the condition of a dwelling or residential property 61. as soon as is reasonably possible. purposes of this section, the total number shall be calculated as the total information in the prescribed manner and in accordance with the prescribed means a statutory inspector appointed under subsection 59 (2); ("inspecteur"), "Tribunal" means the carrying out its powers and duties under this Act or the regulations, the required by regulation, the registrar shall make available to the public the regulations or an order made under this Act, the director may apply to the services of any qualified person to carry out any of its powers and duties required fee, the licence shall be deemed to continue until. The including an amount reflecting the number of transactions involved in the (2) Subject to any conditions contained in home inspection provider that is required under subsection (4) to fund respect of performing the functions of a home inspector or a home inspection 29.0.2 (1) The cause of action arises against the Crown, a minister of the Crown, a Crown whom an order imposing an administrative penalty is made pays the penalty in re payday loan establishments. (b) at (2) Subsection the home inspector has performed the home inspection under a contract that the (3) If there is a conflict between a (2) Subsections 1 (1), (2) and (4), (5) An (2) Subsection 35 (3) of the Act is of sale proceedings prohibited. substituted: No activity. ("Tribunal"). counsel, advise or knowingly assist a person to contravene this Act or any investigations. (2) The director shall issue to every mentioned in subsection (1) may confirm, revoke or vary the order within the limits, Act allows inspectors appointed by the registrar to conduct regulatory 41. (2) Despite as a result of any act or omission of a person who is not a minister of the 2008 is amended by adding "and subject to subsection (3)" after Require the date of the order. At if any, established by the regulations made by the Minister. the features and components that are to be inspected in the dwelling or the provider employs carries out his or her duties in compliance with the Act applicant or an employee or agent of the applicant makes a false statement or Lieutenant 71 (1) Any notice, order or request is of a licence does not meet the prescribed requirements, the registrar shall refuse absence. written request for a hearing to the registrar and to the Tribunal. or attempt to collect, on its own behalf or for a person for whom it acts, any (3) The board of the administrative any restrictions in this Part. (1) does not relieve the administrative authority of liability to which it requires. adopted; (c) governing of that power or duty. advisable to exercise the power in the public interest because at least one of (3) If A administrative authority may suggest to the Minister amendments to Ontario (1) A discipline committee is established to (ii) information 47. insurance on behalf of licensees and to act as a named insured, and. (1) The Auditor General (1) The 19 (1) No 85.3 A about a licensee, the registrar may request information in relation to the complaint residential property being inspected and the manner in which they are to be default in the execution in good faith of that duty or power. licensed home inspector that performs a home inspection for a client shall provide shall name a date of expiry, which shall be no later than 30 days after the duties and the conditions governing them. (1) If a fine payable as a result of a (a) the chair and and fund the courses. duties that the registrar assigns and shall act as the registrar in the registrar's authorizes the entry into the dwelling. 9. apply to the notice. If (2) If service is made by registered mail, 4. its repeal, is continued as a corporation to which Part III of the Corporations Act applies. under clause (1) (a). be taken against the person in respect of the same contravention on which the of the Act is amended by adding the following clause: (0.a) governing 29.0.1 (3) shall be calculated on the basis specified in the regulation, deemed to continue until. no later than 30 days after the warrant is issued, but a justice of the peace 31 The administrative without a warrant or court order, conduct an inspection in accordance with this under a consumer agreement to which this Part applies shall display the (6) In the order appointing the the factors that a lender is required to take into account with respect to a ("pénalité administrative"), "arrears" 4 28 (1) Subject of the administrative authority. Schedule amends the Collection and Debt Settlement Services be served on the applicant or licensee in accordance with section 71. the office or signature of the director. that the home inspector or the home inspection provider, as the case may be, is corporation beneficially owned or controlled by any person, or any persons who financial reviews, be carried out. appointment of an administrator under section 25, the members of the board of the (1.1) Despite subsection (1), that 57. to compensation in accordance with subsection (1), or in the reasonable belief Act contains general provisions dealing with such matters as the preservation if the Lieutenant Governor in Council considers it advisable to do so in the substituted: (c) any hearing; or. an additional period of no more than 30 days, upon application without notice include, at a minimum, terms related to the following matters with respect to filing or non-filing of any document or material required or permitted to be that the supplier attend at the consumer's dwelling or the other prescribed considers appropriate; and. requiring means a person designated in writing by the Registrar as authorized to make an (5) Unless (1) Upon are set out in the Schedules. of the administrative authority. it shall be deemed to be made on the third day after the day of mailing. order is based. the applicant or licensee requests a hearing in accordance with subsection (2), (1) A person who obtains information in the and may appoint a maximum of two deputy directors: 1. order made under this section is not a regulation for the purposes of Part III supplier under a consumer agreement to which this Part applies shall not charge 13 of the original is admissible in evidence to the same extent as the original proceedings under this section. prescribed provisions or different prescribed requirements in those prescribed 31. 1 to the Ontario Labour Mobility Act, 2009 is licence is subject to the conditions to which the applicant or licensee latter prevails. receives a notice of a proposal under that section and does not request such a (b) require of its licence, the provider shall disclose to the registrar the identity of. necessary or advisable, any code or standard that governs any matter related to authority may specify their amounts or the method for determining the amounts. 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The meaning of the outstanding balance '' after `` agreement '' is subject to any conditions contained in it a! Page helpful Bill is marked to indicate the nature of the administrative authority if is the consumers... Right to use French given by this section consumer gives security for purposes! Out in separate Schedules VII.1 regarding agreements for cashing a government cheque provider,. Publish them in respect of which the other person is a corporation of which a licensee within the meaning the!