BILL 2 – 2004
BUSINESS PRACTICES AND CONSUMER PROTECTION ACT

 
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.

Transitional for Part 5 -- disclosure of the cost of consumer credit

207 (1) The definitions in section 57 [definitions] apply to this section.

(2) Subject to subsections (3), (4) and (5), Part 5 applies only to credit agreements and leases entered into on or after the coming into force of that Part.

(3) Part 5 applies to all credit agreements for open credit, whether they are entered into before, on or after the coming into force of that Part.

(4) Part 5 applies to credit agreements for fixed credit and leases that are renewed or amended on or after the coming into force of that Part.

(5) Section 72 [borrowers entitled to mortgage discharge] applies to the discharge of all mortgages, whether the mortgage for which the discharge is being furnished is entered into before, on or after the coming into force of Part 5.

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

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

 
Business Corporations Amendment Act, 2003

213 Section 300 of the Business Corporations Amendment Act, 2003, S.B.C. 2003, c. 70, is repealed.

 
Community Financial Services Act

214 Section 37 (a) of the Community Financial Services Act, R.S.B.C. 1996, c. 61, is repealed and the following substituted:

(a) Part 9 of the Business Practices and Consumer Protection Act; .

 
Family Maintenance Enforcement Act

215 Section 43 of the Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, is amended

(a) in subsection (3) by striking out "section 1 of the Credit Reporting Act," and substituting "section 106 of the Business Practices and Consumer Protection Act,", and

(b) in subsection (4) by striking out "Section 11 (3) (k) of the Credit Reporting Act" and substituting "Section 106 (1) (o) of the Business Practices and Consumer Protection Act".

 
Finance and Corporate Relations Statutes Amendment Act, 1998

216 Section 10, as that section enacts section 15.1 of the Mortgage Brokers Act, and sections 12 to 14 of the Finance and Corporate Relations Statutes Amendment Act, 1998, S.B.C. 1998, c. 7, are repealed.

 
Financial Administration Amendment Act, 2003

217 Schedule A of the Financial Administration Amendment Act, 2003, S.B.C. 2003, c. 54, is amended by striking out the following:

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

16 (5), (6) and (7)

 
Miscellaneous Statutes Amendment Act (No. 3), 1999

218 Sections 16 and 44 of the Miscellaneous Statutes Amendment Act (No. 3), 1999, S.B.C. 1999, c. 39, are repealed.

 
Mortgage Brokers Act

219 Section 8 (1) of the Mortgage Brokers Act, R.S.B.C. 1996, c. 313, is amended by adding the following paragraph:

(f) the person is in breach of a provision of Part 2 or 5 of the Business Practices and Consumer Protection Act prescribed under section 9.1 (2).

220 The following section is added:

Business Practices and Consumer Protection Act --
disclosure of the cost of consumer credit

9.1 (1) In this section, "director" has the same meaning as in the Business Practices and Consumer Protection Act.

(2) For the purposes of this section, the Lieutenant Governor in Council may prescribe provisions of Part 2, except Division 3, and Part 5 of the Business Practices and Consumer Protection Act.

(3) A regulation made under subsection (2) may also

(a) identify certain rights and powers, including rights and powers in relation to inspections, inquiries and enforcement, and rights and powers to impose enforcement remedies and penalties, that the registrar or director may exercise under one or more of this Act and Part 10 of the Business Practices and Consumer Protection Act,

(b) prescribe which of the rights and powers under paragraph (a), if any, the registrar or director may exercise in relation to a prescribed provision of Part 2 or 5 of the Business Practices and Consumer Protection Act, and

(c) apply, in whole or in part, one or more provisions of this Act and Part 10 of the Business Practices and Consumer Protection Act to any exercise by the registrar or director of a right or power that the registrar or director would not, without the regulation referred to in paragraph (b), otherwise be entitled to exercise.

(4) If the Lieutenant Governor in Council makes a regulation under subsection (2),

(a) the registrar and director each have and may exercise, in relation to the prescribed provisions of Parts 2 and 5 of the Business Practices and Consumer Protection Act, the rights and powers, if any, prescribed for them under subsection (3) and, without limiting this, the registrar or director, as the case may be, may exercise the rights and powers of the registrar under sections 8 and 8.1 of this Act in relation to any person, registered under this Act, who contravenes a prescribed provision of Part 2 or 5 of the Business Practices and Consumer Protection Act, and

(b) Part 13 of the Business Practices and Consumer Protection Act applies in respect of the contravention of a prescribed provision of Part 2 or 5 of that Act.

(5) Nothing in this section affects the rights and powers that the director may exercise in relation to a provision of Part 2 or 5 of the Business Practices and Consumer Protection Act that is not prescribed under subsection (2).

221 The heading to Division 1 of Part 2 is repealed and the following substituted:

 
Division 1 -- Application .

222 Section 15 is repealed.

223 The following section is added:

Disclosure to borrowers

15.01 The Lieutenant Governor in Council may prescribe one or more mortgage transactions or classes of mortgage transactions for the purposes of this section and may, for each prescribed mortgage transaction or each mortgage transaction of a prescribed class of mortgage transactions, prescribe

(a) the provisions of Part 5 of the Business Practices and Consumer Protection Act that apply to that mortgage transaction, and

(b) the person who, in relation to that mortgage transaction, must comply with, and who is otherwise subject to, the provisions of Part 5 of the Business Practices and Consumer Protection Act in relation to that mortgage transaction.

224 Section 15.2 (a) is amended by striking out "16,".

225 The heading to Division 2 of Part 2 is repealed.

226 Sections 16 and 17 are repealed.

227 Section 22 (1) is amended

(a) in paragraph (a) by striking out "16 (1),", and

(b) in paragraph (b) by striking out "15.1 (2) or (3), 16 (3.2), 16.1,".

228 Section 23 (2) is amended

(a) in paragraph (h) by striking out "sections 16, 17.3 and 17.4, notices under section 16," and substituting "sections 17.3 and 17.4", and

(b) in paragraph (h.1) by striking out "16,".

 
Motor Dealer Act

229 The Motor Dealer Act, R.S.B.C. 1996, c. 316, is amended by adding the following section:

Business Practices and Consumer Protection Act --
disclosure of the cost of consumer credit

8.1 (1) In this section, "director" has the same meaning as in the Business Practices and Consumer Protection Act.

(2) For the purposes of this section, the Lieutenant Governor in Council may prescribe provisions of Part 2, except Division 3, and Part 5 of the Business Practices and Consumer Protection Act.

(3) A regulation made under subsection (2) may also

(a) identify certain rights and powers, including rights and powers in relation to inspections, inquiries and enforcement, and rights and powers to impose enforcement remedies and penalties, that the registrar or director may exercise under one or more of this Act and Part 10 of the Business Practices and Consumer Protection Act,

(b) prescribe which of the rights and powers under paragraph (a), if any, the registrar or director may exercise in relation to a prescribed provision of Part 2 or 5 of the Business Practices and Consumer Protection Act, and

(c) apply, in whole or in part, one or more provisions of this Act and Part 10 of the Business Practices and Consumer Protection Act to any exercise by the registrar or director of a right or power that the registrar or director would not, without the regulation referred to in paragraph (b) of this subsection, otherwise be entitled to exercise.

(4) If the Lieutenant Governor in Council makes a regulation under subsection (2),

(a) the registrar and director each have and may exercise, in relation to the prescribed provisions of Parts 2 and 5 of the Business Practices and Consumer Protection Act, the rights and powers, if any, prescribed for them under subsection (3) of this section,

(b) contravention of a prescribed provision of Part 2 or 5 of the Business Practices and Consumer Protection Act by a person is grounds for the registrar or director, as the case may be, to determine that it is not in the public interest for the person to be registered or to continue to be registered under this Act and, without limiting paragraph (a) of this subsection, the registrar or director, as the case may be, may exercise the rights and powers of the registrar under Part 1 of this Act that may be exercised in the event of that determination, and

(c) Part 13 of the Business Practices and Consumer Protection Act applies in respect of the contravention of a prescribed provision of Part 2 or 5 of that Act.

(5) Nothing in this section affects the rights and powers that the director may exercise in relation to a provision of Part 2 or 5 of the Business Practices and Consumer Protection Act that is not prescribed under subsection (2) of this section.

 
Personal Information Protection Act

230 Section 1 of the Personal Information Protection Act, S.B.C. 2003, c. 63, is amended in the definitions of "credit report" and "credit reporting agency" by striking out "section 1 of the Credit Reporting Act;" and substituting "section 106 of the Business Practices and Consumer Protection Act;".

 
Personal Property Security Act

231 Section 74 (1) of the Personal Property Security Act, R.S.B.C. 1996, c. 359, is amended by striking out "Consumer Protection Act, the Trade Practice Act" in both places and substituting "Business Practices and Consumer Protection Act".

 
Private Investigators and Security Agencies Act

232 Section 2 (1) (g) of the Private Investigators and Security Agencies Act, R.S.B.C. 1996, c. 374, is repealed and the following substituted:

(g) a reporting agency as defined in the Business Practices and Consumer Protection Act in respect of activities regulated by Part 6 of that Act; .

233 Section 5 is amended

(a) by repealing subsection (1) and substituting the following:

(1) In this section, "collection agent" has the same meaning as in section 125 of the Business Practices and Consumer Protection Act. , and

(b) in subsection (2) (a) by striking out "collector,".

 
Real Estate Act

234 Section 2 (1) (g) of the Real Estate Act, R.S.B.C. 1996, c. 397, is repealed and the following substituted:

(g) to a collection agent licensed under the Business Practices and Consumer Protection Act in respect of the business of a collection agent, .

 
Repairers Lien Act

235 Section 11 (1) of the Repairers Lien Act, R.S.B.C. 1996, c. 404, is amended by striking out "Debt Collection Act," and substituting "Business Practices and Consumer Protection Act,".

 
Amendments to this Act

236 Section 159 (2) (e) of this Act is amended by striking out "Company Act," and substituting "Business Corporations Act,".

237 Sections 213 and 217 are repealed.

Commencement

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