13

 


 

Second Session, 50th General Assembly

1 Charles III, 2022

BILL 13

AN ACT TO AMEND THE CONSUMER PROTECTION AND BUSINESS PRACTICES ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE SARAH STOODLEY

Minister of Digital Government and Service Newfoundland and Labrador

 

EXPLANATORY NOTES

This Bill would amend the Consumer Protection and Business Practices Act to

·         establish a framework for licensing and regulation of high-cost credit grantors;

·         repeal the provisions of the Act which regulate telecommunications contracts;

·         incorporate gender-neutral language; and

·         replace all references to "Trial Division" with the correct reference "Supreme Court".

 


A BILL

AN ACT TO AMEND THE CONSUMER PROTECTION AND BUSINESS PRACTICES ACT

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.5 Amdt.
Powers and duties of director

        3.   S.7 Amdt.
Unfair consumer practices

        4.   S.8 Amdt.
Unconscionable acts

        5.   S.10 Amdt.
Remedies of consumers

        6.   S.15 Amdt.
Factors to be considered by court

        7.   S.16 R&S

              Relief in Supreme Court

        8.   S.19 Amdt.
Unsolicited goods or services

        9.   S.21 Amdt.
Consumer's remedy

      10.   S.24 Amdt.
Content of contract

      11.   S.26 Amdt.
Cancellation of contract

      12.   Part V Division 3 Rep.
Distance Service Contracts

      13.   S.38 Amdt.
Disclosure of consumer report

      14.   S.41 Amdt.
Personal information

      15.   S.42 Amdt.
Disclosure of file to consumer

      16.   S.43 Amdt.
Alteration of consumer information

      17.   S.45 Amdt.
Interpretation

      18.   PART VII.2 Added

              PART VII.2
HIGH-COST CREDIT PRODUCTS

  83.12   Definitions

  83.13   Application

  83.14   Limits on total cost of borrowing

  83.15   Prohibited practices

  83.16   Cancellation rights

  83.17   Required terms of agreement

  83.18   Receipt for payment

  83.19   Payout of balance on cash card

  83.20   Prepayment

  83.21   Signs and advertisements

  83.22   Consequences of failure to comply

  83.23   Regulations

 

      19.   S.84 Amdt.
Definitions

      20.   S.85 Amdt.
Licence required

      21.   S.86 Amdt.
Denial of licence

      22.   S.87 Amdt.
Terms and conditions of a licence

      23.   S.88 Amdt.
Suspension and cancellation of a licence

      24.   S.89 Amdt.
Production of licence

      25.   S.90 Amdt.
Certificate of registrar

      26.   S.91 Amdt.
Address for service

      27.   S.92 Amdt.
Notice of change

      28.   S.95 Amdt.
Exception to licensing requirement

      29.   S.96 Amdt.
Bonds

      30.   S.97 Amdt.
Investigations

      31.   S.99 Amdt.
Freezing orders

      32.   S.101 Amdt.
Compliance

      33.   S.102 Amdt.
Compliance orders

      34.   S.107 Amdt.
Appeals

      35.   S.108 Amdt.
Evidence

      36.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2009 cC-31.1
as amended

        1. (1) Paragraph 2(f) of the Consumer Protection and Business Practices Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

             (2)  Paragraph 2(j) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

 

        2. (1) Paragraph 5(1)(a) of the Act is amended by deleting the words "him or her" and substituting the words "the director".

             (2)  Subsection 5(2) of the Act is amended by deleting the words "his or her" and substituting the words "the director's".

 

        3. Section 7 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the supplier".

 

        4. Paragraph 8(1)(f) of the Act is repealed and the following substituted:

             (f)  that the supplier took advantage of the extreme necessity or helplessness of the consumer or the inability of the consumer to protect the consumer's interests because of the consumer's physical or mental disability, ignorance, illiteracy, age or emotional state, or the inability to understand the character, nature or language of the consumer transaction.

 

        5. Section 10 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the consumer".

 

        6. Paragraph 15(2)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the debtor's".

 

        7. Section 16 of the Act is repealed and the following substituted:

Relief in Supreme Court

      16. In addition to a right that a debtor may have under this or another Division or otherwise in respect of money lent, the debtor may apply for relief under this Division to a judge and the judge on the application may exercise the powers of the court under section 12.

 

        8. Subsection 19(1) of the Act is amended by deleting the words "his or her" and substituting the words "the consumer's".

 

        9. Subsection 21(1) of the Act is amended by deleting the words "his or her" and substituting the words "the consumer's".

 

      10. (1) Paragraph 24(3)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the supplier's".

             (2)  Paragraph 24(3)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the salesperson's".

 

      11. (1) Subparagraph 26(1)(b)(i) of the Act is amended by deleting the words "his or her" and substituting the words "the supplier's".

             (2)  Subsection 26(5) of the Act is amended by deleting the words "he or she" and substituting the words "the consumer".

 

      12. Division 3 of Part V of the Act is repealed.

 

      13. Paragraph 38(1)(e) of the Act is amended by deleting the words "his or her" and substituting the words "the peace officer's".

 

      14. Section 41 of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

 

      15. Paragraph 42(1)(a) of the Act is amended by deleting the words "him or her" and substituting the words "the consumer".

 

      16. Subsection 43(1) of the Act is amended by deleting the words "his or her" and substituting the words "the director's".

 

      17. (1) Subparagraph 45(1)(c)(iii) of the Act is amended by                 deleting the words "he or she" and substituting the words "the person".

             (2)  Subparagraph 45(1)(c)(v) of the Act is amended by                  deleting the words "his or her" and substituting the words "the person's".

 

      18. The Act is amended by adding immediately after section 83.11 the following:

PART VII.2
HIGH-COST CREDIT PRODUCTS

Definitions

83.12 In this Part

             (a)  "advance" has the same meaning as in Part VII;

             (b)  "APR" has the same meaning as in Part VII;

             (c)  "borrower" means an individual who has entered into or who is negotiating to enter into a high-cost credit agreement for primarily a personal, family or household purpose, where that individual, under that high-cost credit agreement, receives or is to receive a high-cost credit product from a high-cost credit grantor;

             (d)  "cash card" means a card or other device issued by a high-cost credit grantor to the borrower of a high-cost credit product instead of advancing cash or transferring money to the order of the borrower that can be used to obtain cash or acquire goods and services, but does not include a credit card;

             (e)  "credit card" has the same meaning as in Part VII;

             (f)  "fixed credit" has the same meaning as in Part VII;

             (g)  "high-cost credit agreement" means a credit agreement under which credit is extended by way of a high-cost credit product, and includes an agreement to renew, amend or extend a high-cost credit agreement;

             (h)  "high-cost credit grantor" means a person who offers, arranges, provides or facilitates high-cost credit products to or for consumers and includes a loan broker;

              (i)  "high-cost credit product" means

                      (i)  a fixed credit product that has an APR that exceeds the APR prescribed by regulation and meets other criteria prescribed by regulation,

                     (ii)  an open credit product that has an annual interest rate that, calculated in accordance with the regulations, exceeds the annual interest rate prescribed by regulation and meets other criteria prescribed by regulation,

                    (iii)  a lease that has an APR that exceeds the APR prescribed by regulation and meets other criteria prescribed by regulation, or

                    (iv)  a product prescribed by regulation through which credit is extended by a high-cost credit grantor to a borrower primarily for a personal, family or household purpose,

but does not include a payday loan or a credit product prescribed by regulation;

              (j)  "interest" means charges that accrue over time and are determined by applying a rate to the principal of a high-cost credit product from time to time under the high-cost credit agreement;

             (k)  "loan broker" has the same meaning as in Part VII; and

              (l)  "open credit" has the same meaning as in Part VII.

Application

83.13 (1) This Part applies

             (a)  to every high-cost credit grantor who offers, arranges or provides a high-cost credit product to a borrower in the province, whether the high-cost credit grantor operates from business premises, by telephone or on the internet; and

             (b)  to each high-cost credit product, regardless of the number of high-cost credit grantors involved in the high-cost credit product.

             (2)  This Part does not apply to a high-cost credit product provided before the coming into force of this Part, except to the extent that it relates to an extension or renewal of a high-cost credit product provided or granted after the coming into force of this Part.

             (3)  The Lieutenant-Governor in Council may by regulation exempt a high-cost credit grantor or class of high-cost credit grantors from some or all of this Part.

Limits on total cost of borrowing

83.14 (1) The Lieutenant-Governor in Council may, by regulation, set the amount, or establish a rate, formula or method of determining the amount, respecting the maximum total cost of borrowing that may be charged by a high-cost credit grantor.

             (2)  The Lieutenant-Governor in Council may, in addition to subsection (1) and by regulation, determine a charge, fee, penalty, rate or commission that may be charged by a high-cost credit grantor.

             (3)  A high-cost credit grantor shall not charge, require or accept from the borrower an amount that exceeds a maximum set or determined under subsection (1) or (2).

Prohibited practices

83.15 (1) A high-cost credit grantor shall not

             (a)  offer or promise to give, directly or indirectly, any prize or reward as an incentive to enter into, or for having entered into, a high-cost credit agreement;

             (b)  state or imply that a high-cost credit product will improve the borrower's credit rating if it will not do so;

             (c)  require, request or accept an assignment of wages from a borrower;

             (d)  collect or attempt to collect a payment before the date that payment is due under the high-cost credit agreement; or

             (e)  engage in a prohibited practice prescribed in the regulations.

             (2)  An assignment of wages is not valid if it is given in consideration of a high-cost credit product or an advance under a high-cost credit product or to secure or facilitate a payment in relation to a high-cost credit product.

Cancellation rights

83.16 (1) A borrower under a high-cost credit agreement may, without a reason, cancel the agreement at a time before the end of

             (a)  the fourth day after the high-cost credit grantor gives a copy of the agreement to the borrower, if the high-cost credit grantor is open for business on that day; or

             (b)  the next day that the high-cost credit grantor is open for business following the fourth day referred to in paragraph (a), if the high-cost credit grantor is not open for business on that fourth day.

             (2)  A borrower may cancel a high-cost credit agreement at any time if the high-cost credit grantor

             (a)  does not advise the borrower of the borrower's cancellation rights under subsection (1);

             (b)  fails to satisfy any of the requirements in subsection 83.17(2), paragraph 83.17(4)(a) and subsection 83.17(5); or

             (c)  contravenes a provision of this Act or the regulations that is prescribed in the regulations.

             (3)  A borrower who wishes to cancel a high-cost credit agreement shall

             (a)  give written notice to the high-cost credit grantor; and

             (b)  return the full amount received by the borrower to the high-cost credit grantor.

             (4)  Where a borrower cancels a high-cost credit agreement under subsection (1), written notice referred to in paragraph (3)(a) shall be given within the time period set out in subsection (1).

             (5)  In giving notice of cancellation under subsection (3), a borrower may

             (a)  use the copy of the cancellation notice provided by the high-cost credit grantor under section 83.17; or

             (b)  provide notice in writing, signed by the borrower, of the borrower's intention to cancel the high-cost credit agreement.

             (6)  On receiving notice of cancellation from a borrower under this section, the high-cost credit grantor shall give the borrower a receipt in the form approved by the minister acknowledging receipt of the high-cost credit agreement cancellation.

             (7)  A high-cost credit grantor shall not charge a fee for the cancellation of a high-cost credit agreement.

             (8)  Cancellation of a high-cost credit product under this section extinguishes every liability and obligation under or related to the high-cost credit agreement.

Required terms of agreement

83.17 (1) The terms of a high-cost credit product shall be included in a written high-cost credit agreement that is signed and dated by the borrower.

             (2)  A high-cost credit grantor shall ensure that the high-cost credit agreement includes all of the following terms, information and statements:

             (a)  the high-cost credit grantor's

                      (i)  name and, where different, the name under which the high-cost credit grantor carries on business,

                     (ii)  business address and, where different, the high-cost credit grantor's mailing address, and

                    (iii)  licence number, telephone number and where the high-cost credit grantor has a fax number or email address, that fax number and email address;

             (b)  the borrower's name;

             (c)  the date of the agreement and, if known, the date or dates on which the first advance and other advances will be made to the borrower or to the order of the borrower;

             (d)  a statement that the high-cost credit product is a high-cost credit product;

             (e)  a statement of the type of high-cost credit product;

             (f)  the principal amount of the high-cost credit product or the amount of funds available, as applicable;

             (g)  the term of the high-cost credit product and, if applicable, the date on which each payment is due to the high-cost credit grantor and the amount of each of those payments;

             (h)  respecting access to the high-cost credit product

                      (i)  each method by which the borrower may access funds for each transfer or advance,

                     (ii)  if applicable, the date or dates on which the first and any other transfers or advances to the borrower will be made,

                    (iii)  if applicable, the amount of any funds transferred or advanced, on each transfer or advance, to the borrower, and

                    (iv)  if applicable, the cost of each method of accessing the funds on each transfer or advance;

              (i)  if the high-cost credit grantor advances or transfers the funds to the borrower by means of a cash card

                      (i)  the date and time the cash card is issued to the borrower,

                     (ii)  the amount of credit available on the cash card issued to the borrower,

                    (iii)  a statement that third party service provider charges may apply for use of the card, and

                    (iv)  if applicable, the expiry date of the cash card;

              (j)  the fee, penalty, commission, consideration, charge or other amount subject to interest, the interest rate, how interest is calculated and compounded, how, when and why the interest rate will or may change and a statement of the total amount of interest that is payable on the high-cost credit product and what is included in the calculation of that amount;

             (k)  the annual interest rate, and if applicable, the APR;

              (l)  as applicable,

                      (i)  the total cost of credit expressed as a dollar amount, or

                     (ii)  the total cost of credit expressed as a dollar amount based on the maximum available if the high-cost credit product is repaid within the time period prescribed in the regulations;

           (m)  the fee, penalty, commission, consideration, charge or other amount that will or may be payable by or on behalf of the borrower to the high-cost credit grantor or a third-party service provider;

             (n)  how, how often and why the fee, penalty, commission, consideration, charge or other amount referred to in paragraph (m) will or may be payable and what will or may happen if the borrower fails to pay a fee, penalty, commission, consideration, charge or other amount;

             (o)  how each payment will be applied to the accumulated cost of credit and the principal;

             (p)  the borrower's right to make full or partial prepayment under section 83.20 and how to exercise that right;

             (q)  any security interest that will or may be required from the borrower;

              (r)  any grace period that will or may apply and what conditions, if any, the borrower must meet to benefit from it;

             (s)  what will or may happen if the borrower fails to make a payment when it becomes due, including

                      (i)  what default charges or penalties will or may be payable by the borrower,

                     (ii)  how and when the terms and conditions of the high-cost credit agreement will or may be affected by the missed payment, and

                    (iii)  what will or may happen to any collateral or security;

              (t)  how, when and in what circumstances the high-cost credit grantor will or may demand payment in full from the borrower;

             (u)  each good or service that shall also be purchased by the borrower, how to purchase it, why it is required and how much it will cost;

             (v)  the nature, amount and timing of payments for any optional product purchased by the borrower for which payments are to be made to or through the high-cost credit grantor;

            (w)  the conditions under which the borrower may terminate an optional product referred to in paragraph (v);

             (x)  how, when and in what circumstances the high-cost credit grantor will or may cancel the high-cost credit agreement;

             (y)  a statement of the borrower's rights of cancellation under section 83.16, including how those rights can be exercised and identifying the date by which the borrower can exercise them;

             (z)  a statement of the remedies available under section 83.22; and

          (aa)  any other term, information or statement that may be prescribed in the regulations.

             (3)  The high-cost credit grantor shall ensure that the terms, information and statements required under subsection (2) are written in a clear and comprehensible manner and meet any other criteria prescribed in the regulations.

             (4)  Before the borrower signs a high-cost credit agreement, the high-cost credit grantor shall

             (a)  review with the borrower the matters prescribed in the regulations; and

             (b)  require that the borrower initial each of those matters in the agreement.

             (5)  The high-cost credit grantor shall give the borrower a copy of the high-cost credit agreement at the time it is signed by the borrower, together with

             (a)  a cancellation notice in the form approved by the director, which may be used by the borrower for the purposes of section 83.16; and

             (b)  any other documents prescribed in the regulations.

             (6)  The borrower may request, orally or in writing, an additional copy of the high-cost credit agreement.

             (7)  The high-cost credit grantor shall provide the requested additional copy to the borrower within one business day of receiving the request under subsection (6).

             (8)  A high-cost credit agreement that does not contain the terms, information and statements prescribed in subsection (2) is not valid.

Receipt for payment

83.18 A high-cost credit grantor shall give a receipt to a borrower in the form approved by the minister immediately upon receipt of payment.

Payout of balance on cash card

83.19 (1) Where the high-cost credit grantor issues a cash card to the borrower in respect of a high-cost credit product, the borrower is entitled to be paid in cash the amount of credit remaining on the card where

             (a)  the balance of credit remaining on the cash card is less than the amount prescribed by the regulations; or

             (b)  the high-cost credit product has been repaid by the borrower and the cash card has expired.

             (2)  Where the borrower is entitled to be paid a balance under subsection (1) and returns the cash card to the high-cost credit grantor, the high-cost credit grantor shall immediately pay the balance on demand by the borrower.

             (3)  On return of a cash card under this section, the high-cost credit grantor shall immediately give the borrower a receipt for the cash card in the form approved by the minister and the receipt shall specify the amount paid to the borrower.

             (4)  The balance of credit remaining on an expired cash card issued to a delinquent borrower may be applied by the high-cost credit grantor as payment towards the high-cost credit product, where prescribed by and in accordance with the regulations.

             (5)  In subsection (4), "delinquent borrower" means a borrower who fails to repay a high-cost credit product by the end of the high-cost credit product term under the high-cost credit agreement.

Prepayment

83.20 A borrower may prepay a full or partial amount before it is due under the high-cost credit agreement, without incurring a prepayment charge or penalty.

Signs and advertisements

83.21 (1) A high-cost credit grantor shall, in accordance with the regulations,

             (a)  post signs containing the information prescribed in the regulations at each of the high-cost credit grantor’s locations;

             (b)  display the information prescribed in the regulations on the high-cost credit grantor’s website where the high-cost credit grantor engages in the high-cost credit business by means of the internet; and

             (c)  disclose the information prescribed in the regulations to a prospective borrower where the high-cost credit grantor engages in the high-cost credit business by telephone.

             (2)  An advertisement or representation about a high-cost credit product shall include the information prescribed in the regulations.

Consequences of failure to comply

83.22 (1) Where a high-cost credit grantor fails to comply with a requirement of section 83.14, 83.15, subsection 83.17(4) or 83.17(5), section 83.18, 83.19 or 83.20 or the regulations made under paragraphs 83.23(k), (l), (m), (t) or (v), the borrower is not liable to pay the high-cost credit grantor an amount that exceeds the principal of the high-cost credit product.

             (2)  The remedies under this section are in addition to another remedy that may be available to the borrower under the common law or under another Part.

Regulations

83.23 (1) The Lieutenant-Governor in Council may make regulations for the purpose of this Part

             (a)  prescribing the APR for the purposes of subparagraph 83.12(i)(i);

             (b)  prescribing the criteria for the purposes of subparagraph 83.12(i)(i);

             (c)  respecting the calculation of an annual interest rate for the purposes of subparagraph 83.12(i)(ii);

             (d)  prescribing an annual interest rate for the purposes of subparagraph 83.12(i)(ii);

             (e)  prescribing the criteria for the purposes of subparagraph 83.12(i)(ii);

             (f)  prescribing the APR for the purposes of subparagraph 83.12(i)(iii);

             (g)  prescribing the criteria for the purposes of subparagraph 83.12(i)(iii);

             (h)  prescribing a product for the purposes of subparagraph 83.12(i)(iv);

              (i)  prescribing a credit product for the purposes of paragraph 83.12(i);

              (j)  exempting a high-cost credit grantor or class of high-cost credit grantors from the application of some or all of this Part;

             (k)  prescribing the maximum total cost of borrowing;

              (l)  specifying fees, penalties, rates, commissions or charges allowed to be charged by high-cost credit grantors for or in relation to a high-cost credit product;

           (m)  prohibiting certain practices with respect to high-cost credit products or high-cost credit grantors;

             (n)  prescribing a provision of this Act or the regulations for the purposes of paragraph 83.16(2)(c);

             (o)  prescribing a time period for the purposes of subparagraph 83.17(2)(l)(ii);

             (p)  prescribing a term, information or statement to be included in a high-cost credit agreement;

             (q)  prescribing criteria for the purposes of subsection 83.17(3);

              (r)  prescribing matters a high-cost credit grantor is required to review with a borrower and, where applicable, to be initialled by a borrower before the borrower signs a high-cost credit agreement;

             (s)  prescribing documents for the purposes of paragraph 83.17(5)(b);

              (t)  prescribing an amount of credit remaining on a cash card for the purposes of paragraph 83.19(1)(a);

             (u)  respecting the balance of credit remaining on an expired cash card issued to a delinquent borrower being applied by a high-cost credit grantor as payment towards the high-cost credit product;

             (v)  prescribing the information to be required for signs, notices, representations and advertisements;

            (w)  defining a word for the purposes of this Part where that word is not defined in this Part; and

             (x)  generally, to give effect to the purpose of this Part.

             (2)  Regulations made under this section may be made with retroactive effect.

 

      19. Section 84 of the Act is amended by adding immediately after paragraph (b) the following:

         (b.1)  "high-cost credit grantor" means high-cost credit grantor as defined in section 83.12;

         (b.2)  "high-cost credit business" means the activity of offering, arranging or providing high-cost credit products by a high-cost credit grantor;

 

      20. (1) Subsection 85(1) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

             (2)  Subsection 85(2) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

             (3)  Subsection 85(2.1) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

             (4)  Section 85 of the Act is amended by adding immediately after subsection (2.1) the following:

         (2.2)  A person shall not carry on business as a high-cost credit grantor unless the person obtains a licence from the director.

 

      21. (1) Paragraph 86(2)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the applicant's".

             (2)  Paragraph 86(3)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the applicant's".

             (3)  Section 86 of the Act is amended by adding immediately after subsection (3) the following:

             (4)  An applicant for a licence to carry on a high-cost credit business is entitled to be granted the licence unless, in the opinion of the director,

             (a)  the applicant's financial responsibility or record of past conduct is such that it would not be in the public interest for the licence to be granted;

             (b)  the applicant is an undischarged bankrupt;

             (c)  where the applicant is a corporation, its financial responsibility or the record of past conduct of the corporation or its officers or directors is such that it would not be in the public interest for the licence to be granted; or

             (d)  where the applicant is a partnership, its financial responsibility or the record of past conduct of the partnership or its members is such that it would not be in the public interest for the licence to be granted.

 

      22. Subsection 87(3) of the Act is amended by deleting the words "his or her" and substituting the word "the".

 

      23. (1) Subsection 88(1) of the Act is amended by

             (a)  deleting the words "or a payday lender" and substituting a comma and the words "a payday lender or a high-cost credit grantor"; and

             (b)  deleting the words "he or she" wherever they appear and substituting the words "the director".

             (2)  Subsection 88(4) of the Act is amended by deleting the words "he or she" and substituting the words "the director".

 

      24. (1) Subsection 89(2) of the Act is amended by deleting the words "he or she" and substituting the words "the salesperson".

             (2)  Subsection 89(3) of the Act is amended by deleting the words "his or her" and substituting the word "its".

             (3)  Subsection 89(4) of the Act is amended by

             (a)  deleting the words "his or her" and substituting the word "its"; and

             (b)  deleting the words "he or she" and substituting the word it".

             (4)  Section 89 of the Act is amended by adding immediately after subsection (4) the following:

             (5)  A high-cost credit grantor licensed under this Act shall produce its licence for inspection when requested to do so by a person whom it has solicited as a high-cost credit grantor or with whom there is an agreement for a high-cost credit product.

 

      25. Paragraphs 90(b) and (c) of the Act are repealed and the following substituted:

             (b)  a licence was issued to a direct seller, credit reporting agency, payday lender or high-cost credit grantor; or

             (c)  the licence of a direct seller, credit reporting agency, payday lender or high-cost credit grantor was suspended, cancelled or reinstated,

 

      26. Subsection 91(2) of the Act is amended by deleting the words "his or her" and substituting the words "the licensee's".

 

      27. Paragraph 92(a) of the Act is amended by deleting the words "his or her".

 

      28. (1) Section 95 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the person".

             (2)  Paragraph 95(b) of the Act is amended by deleting the words "his or her" and substituting the words "that person's".

 

      29. (1) Subsection 96(1) of the Act is amended by

             (a)  deleting the words "him or her" and substituting the words "the director"; and

             (b)  deleting the words "he or she" and substituting the words "the director".

             (2)  Subsection 96(2) of the Act is amended by

             (a)  deleting the words "him or her" and substituting the words "the director"; and

             (b)  deleting the words "he or she" and substituting the words "the director".

             (3)  Subsection 96(5) of the Act is amended by

             (a)  deleting the words "he or she" and substituting the words "the minister"; and

             (b)  deleting the words "Trial Division" and substituting the words "Supreme  Court".

 

      30. Subsection 97(4) of the Act is amended by deleting the words "his or her" and substituting the words "that person's".

 

      31. (1) Paragraph 99(1)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

             (2)  Paragraph 99(1)(c) of the Act is amended by deleting the words "he or she" and substituting the words "the supplier".

 

      32. Subsection 101(4) of the Act is amended by deleting the words "he or she" and substituting the words "the supplier".

 

      33. Paragraph 102(2)(e) of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

 

      34. Subsection 107(1) of the Act is amended by

             (a)  deleting the words "Trial Division" and substituting the words "Supreme Court"; and

             (b)  deleting the words "his or her" wherever they appear and substituting the words "the person's".


 

 

      35. Section 108 of the Act is amended by deleting the words "he or she" and substituting the words "the accused".

Commencement

      36. This Act or a section, subsection or paragraph of it comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.