Consumer Protection from Deceptive and Unconscionable Acts (11:IV) - Revision history

LSLAP at 19:22, 13 October 2025

2025-10-13T19:22:01Z

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LSLAP: /* 1. Deceptive Acts */

2025-09-28T22:57:31Z

1. Deceptive Acts

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	If a certain practice is not listed in s 4(3), it may still be considered deceptive. The term “deceptive act or practice” was also found in BC’s old ''Trade Practice Act'', which was repealed by the ''BPCPA'' in 2004. Thus, looking back at the old ''Trade Practice Act'' jurisprudence can shed light on the meaning of “deceptive act or practice.”		If a certain practice is not listed in s 4(3), it may still be considered deceptive. The term “deceptive act or practice” was also found in BC’s old ''Trade Practice Act'', which was repealed by the ''BPCPA'' in 2004. Thus, looking back at the old ''Trade Practice Act'' jurisprudence can shed light on the meaning of “deceptive act or practice.”

	The term “deceptive practice” was interpreted by the court in ~~<u>~~''British Columbia (Director of Trade Practices) v Household Finance Corp'', [1976] 3 WWR 731, [1976] BCJ No 1316 (SC)~~</u>~~ at paras 19-23 [''Household Finance''] and later affirmed by the BC Court of Appeal. ''Household Finance'' suggests that a practice is deceptive for purposes of the ''BPCPA'' if it causes the consumer to commit an <u>error of judgment</u>. However, a practice of non-disclosure is not necessarily “a deceptive practice”		The term “deceptive practice” was interpreted by the court in ''British Columbia (Director of Trade Practices) v Household Finance Corp'', [1976] 3 WWR 731, [1976] BCJ No 1316 (SC) at paras 19-23 [''Household Finance''] and later affirmed by the BC Court of Appeal. ''Household Finance'' suggests that a practice is deceptive for purposes of the ''BPCPA'' if it causes the consumer to commit an <u>error of judgment</u>. However, a practice of non-disclosure is not necessarily “a deceptive practice”

	A plaintiff consumer relying on the supplier’s deceptive practice for an action should show:		A plaintiff consumer relying on the supplier’s deceptive practice for an action should show:

LSLAP at 18:26, 9 September 2025

2025-09-09T18:26:45Z

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	Advertisers who violate this section may be subject to an administrative penalty (s 74.1). A business may avoid penalties stemming from bait and switch tactics if it attempted to supply more of an item than it was able to, if demand for the item was greater than expected, or if the advertisement stated that the sale price was good “while supplies last”.		Advertisers who violate this section may be subject to an administrative penalty (s 74.1). A business may avoid penalties stemming from bait and switch tactics if it attempted to supply more of an item than it was able to, if demand for the item was greater than expected, or if the advertisement stated that the sale price was good “while supplies last”.

	=== 4. "Drip Pricing" ==		=== 4. "Drip Pricing" ===

	A business must not make a representation about the price of a product or service that is not attainable due to fixed obligatory charges or fees that the consumer must pay in addition to the represented price (''[https://canlii.ca/t/7vdv Competition Act]'', s 74.01(1.1)). The provision excludes obligatory charges or fees that represent only an amount imposed by federal or provincial legislation, such as sales taxes.		A business must not make a representation about the price of a product or service that is not attainable due to fixed obligatory charges or fees that the consumer must pay in addition to the represented price (''[https://canlii.ca/t/7vdv Competition Act]'', s 74.01(1.1)). The provision excludes obligatory charges or fees that represent only an amount imposed by federal or provincial legislation, such as sales taxes.

LSLAP: /* F. Deceptive Practices Under the Competition Act */

2025-09-09T18:26:04Z

F. Deceptive Practices Under the Competition Act

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	Advertisers who violate this section may be subject to an administrative penalty (s 74.1). A business may avoid penalties stemming from bait and switch tactics if it attempted to supply more of an item than it was able to, if demand for the item was greater than expected, or if the advertisement stated that the sale price was good “while supplies last”.		Advertisers who violate this section may be subject to an administrative penalty (s 74.1). A business may avoid penalties stemming from bait and switch tactics if it attempted to supply more of an item than it was able to, if demand for the item was greater than expected, or if the advertisement stated that the sale price was good “while supplies last”.

			=== 4. "Drip Pricing" ==

			A business must not make a representation about the price of a product or service that is not attainable due to fixed obligatory charges or fees that the consumer must pay in addition to the represented price (''[https://canlii.ca/t/7vdv Competition Act]'', s 74.01(1.1)). The provision excludes obligatory charges or fees that represent only an amount imposed by federal or provincial legislation, such as sales taxes.

			Advertisers who violate this section may be subject to an administrative penalty (s 74.1). For example, in ''[https://decisions.ct-tc.gc.ca/ct-tc/cdo/en/item/521298/index.do Commissioner of Competition v Cineplex]'', 2024 CompTrib 5 Cineplex was found to be in violation of this section for a mandatory online ticket booking fee of $1 to $1.50. The Tribunal imposed a 10-year prohibition order barring Cineplex from engaging in this practice as well as an administrative monetary penalty of $38.9 million.

	== G. False or Misleading Advertising ==		== G. False or Misleading Advertising ==

LSLAP: /* C. Remedies and Sanctions */

2025-09-09T18:24:53Z

C. Remedies and Sanctions

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	=== 1. Damages Recoverable by Consumers ===		=== 1. Damages Recoverable by Consumers ===

	Under s 171 of the ''BPCPA'', a consumer may commence a civil action seeking damages for loss due to a deceptive or unconscionable act or practice. As with other civil actions, punitive damages or restitution may also be available. Small Claims Court may be used if the claim does not exceed $35,000 (''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/261_93_00 Small Claims Rules]'', BC Reg 261/93, Rule 1(4)).		Under s 171 of the ''BPCPA'', a consumer may commence a civil action seeking damages for loss due to a deceptive or unconscionable act or practice. As with other civil actions, punitive damages or restitution may also be available. Small Claims Court may be used if the claim does not exceed $35,000 (''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/261_93_00 Small Claims Rules]'', BC Reg 261/93, Rule 1(4)). The Civil Resolution Tribunal may also be used if the claim does not exceed $5,000 (''[https://canlii.ca/t/55j57 Tribunal Small Claims Regulation]'', BC Reg 232/2018, s 3).

	=== 2. Transaction Unenforceable by Supplier ===		=== 2. Transaction Unenforceable by Supplier ===

LSLAP: /* A. Does the Act Govern the Contract? */

2025-09-09T18:24:10Z

A. Does the Act Govern the Contract?

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	== A. Does the Act Govern the ~~Contract~~? ==		== A. Does the Act Govern the Transaction? ==

	For a ~~contract~~ to fall under the ''BPCPA'', the ~~contract~~ must be:		For a transaction to fall under the ''BPCPA'', the transaction must be:
	# A consumer transaction, between		# A consumer transaction, between
	# A consumer and		# A consumer and
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	Each of the three criteria must be fulfilled before relying on the ''BPCPA''.		Each of the three criteria must be fulfilled before relying on the ''BPCPA''.

	The only exceptions to the applicability of the ''BPCPA'' are those listed under s 2 of the ''BPCPA'' and include credit reporting and debt collections practices. These sections apply regardless of whether the transaction or matter involves a consumer or not. Additionally, s 2(2) outlines the limited application of the ''BPCPA'' to contracts involving the sale, lease, mortgage of, or charge (such as a lien or security interest) on land or a chattel real.		The only exceptions to the applicability of the ''BPCPA'' are those listed under s 2 of the ''BPCPA'' and include credit reporting and debt collections practices, and the inoperability of arbitration clauses relating to low-value claims. These sections apply regardless of whether the transaction or matter involves a consumer or not. Additionally, s 2(2) outlines the limited application of the ''BPCPA'' to contracts involving the sale, lease, mortgage of, or charge (such as a lien or security interest) on land or a chattel real.

	=== 1. Consumer Transaction ===		=== 1. Consumer Transaction ===

LSLAP at 02:27, 2 September 2024

2024-09-02T02:27:31Z

Show changes

Clicklaw Editor at 20:23, 29 August 2023

2023-08-29T20:23:41Z

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LSLAP at 19:31, 24 August 2023

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	The court may draw the conclusion that a practice is deceptive on the basis of vague contractual language in circumstances where that language allowed the supplier to claim that additional work was not part of the original contract: see [https://www.canlii.org/en/bc/bcsc/doc/1999/1999canlii6663/1999canlii6663.html?autocompleteStr=British%20Columbia%20(Director%20of%20Trade%20Practices)%20v%20Van%20City%20Construction%20Ltd&autocompletePos=2 ''British Columbia (Director of Trade Practices) v Van City Construction Ltd'', [1999<nowiki>]</nowiki> BCJ No 2033 (SC) (QL)].		The court may draw the conclusion that a practice is deceptive on the basis of vague contractual language in circumstances where that language allowed the supplier to claim that additional work was not part of the original contract: see [https://www.canlii.org/en/bc/bcsc/doc/1999/1999canlii6663/1999canlii6663.html?autocompleteStr=British%20Columbia%20(Director%20of%20Trade%20Practices)%20v%20Van%20City%20Construction%20Ltd&autocompletePos=2 ''British Columbia (Director of Trade Practices) v Van City Construction Ltd'', [1999<nowiki>]</nowiki> BCJ No 2033 (SC) (QL)].

			For a list of statutorily defined deceptive acts and practices, see the following link: http://www.bclaws.ca/civix/document/id/complete/statreg/04002_02#section4

	=== 2. Unconscionable Acts ===		=== 2. Unconscionable Acts ===

Clicklaw Editor: /* E. Powers of the Director */

2022-10-04T21:00:36Z

E. Powers of the Director

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	Consumer Protection BC [CPBC] is responsible for the administration and enforcement of the ''BPCPA'' and is also empowered by another piece of legislation: the ''Business Practices and Consumer Protection Authority Act'', SBC 2004, c 3. Part 10 of the ''BPCPA'' contains all inspecting and enforcement powers of CPBC, its inspectors, and the Director. The Director has the power to:		Consumer Protection BC [CPBC] is responsible for the administration and enforcement of the ''BPCPA'' and is also empowered by another piece of legislation: the ''Business Practices and Consumer Protection Authority Act'', SBC 2004, c 3. Part 10 of the ''BPCPA'' contains all inspecting and enforcement powers of CPBC, its inspectors, and the Director. The Director has the power to:
	:a) Use the same powers that the Supreme Court has during trials of civil action for the purposes of an inspection, to summon and enforce the attendance of witnesses, compel witnesses to give evidence under oath or in any other manner, and to produce records;		:(a) Use the same powers that the Supreme Court has during trials of civil action for the purposes of an inspection, to summon and enforce the attendance of witnesses, compel witnesses to give evidence under oath or in any other manner, and to produce records;
	:b) Institute proceedings or assume the conduct of proceedings on behalf of a consumer;		:(b) Institute proceedings or assume the conduct of proceedings on behalf of a consumer;
	:c) Make an order (called a “freeze” order) against assets of a person who is being investigated (s 159). This order can also be attached to property being held in trust for a person under investigation. Thus, although CPBC is not empowered to actually seize money, it is able to freeze accounts, which can be a way to encourage supplies to transfer funds to consumers;		:(c) Make an order (called a “freeze” order) against assets of a person who is being investigated (s 159). This order can also be attached to property being held in trust for a person under investigation. Thus, although CPBC is not empowered to actually seize money, it is able to freeze accounts, which can be a way to encourage supplies to transfer funds to consumers;
	:d) Refrain from bringing an action against a supplier and accept instead a written undertaking under s 154 of the ''BPCPA''. This undertaking usually takes the form of a formal agreement between the Director and supplier and may involve consumer redress. It is probably one of the most effective remedies under the BPCPA because it avoids both the time and expense of court proceedings;		:(d) Refrain from bringing an action against a supplier and accept instead a written undertaking under s 154 of the ''BPCPA''. This undertaking usually takes the form of a formal agreement between the Director and supplier and may involve consumer redress. It is probably one of the most effective remedies under the BPCPA because it avoids both the time and expense of court proceedings;
	:e) Issue a compliance order under s 155 of the ''BPCPA'' where compliance is mandatory. The Director can order restitution and compensation to the consumer with this function (s 155(4)) without having to go through court proceedings. If a person fails to comply with a compliance order, they are committing an offence under s 189(5) and could face a fine of not more than $10,000, imprisonment for not more than 12 months, or both;		:(e) Issue a compliance order under s 155 of the ''BPCPA'' where compliance is mandatory. The Director can order restitution and compensation to the consumer with this function (s 155(4)) without having to go through court proceedings. If a person fails to comply with a compliance order, they are committing an offence under s 189(5) and could face a fine of not more than $10,000, imprisonment for not more than 12 months, or both;
	:f) File an undertaking, compliance order, or a direct sales prohibition order with the Supreme Court. Doing so would mean that the undertaking or order is deemed to be a court order, and thus it will be enforceable as such (s 157). This can be useful in encouraging resolution amongst parties.		:(f) File an undertaking, compliance order, or a direct sales prohibition order with the Supreme Court. Doing so would mean that the undertaking or order is deemed to be a court order, and thus it will be enforceable as such (s 157). This can be useful in encouraging resolution amongst parties.
	:g) Seek a declaration and/or injunctive relief on behalf of a consumer, or a class of consumers, and make their applications ''ex parte'' (s 172); and		:(g) Seek a declaration and/or injunctive relief on behalf of a consumer, or a class of consumers, and make their applications ''ex parte'' (s 172); and
	:h) Impose an administrative penalty under s 164.		:(h) Impose an administrative penalty under s 164.

	While there are a number of actions that CPBC is empowered to take, including pursuing civil and quasi-criminal enforcement, it is much more likely that CPBC will be involved in handling complaints and in investigations. Complaints can be initiated on Consumer Protection BC’s website: https://www.consumerprotectionbc.ca/consumer-help/start-a-complaint/.		While there are a number of actions that CPBC is empowered to take, including pursuing civil and quasi-criminal enforcement, it is much more likely that CPBC will be involved in handling complaints and in investigations. Complaints can be initiated on Consumer Protection BC’s website: https://www.consumerprotectionbc.ca/consumer-help/start-a-complaint/.