Difference between revisions of "Governing Legislation and Resources for Consumer Protection (11:II)"

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{{REVIEWED LSLAP | date= August 1, 2023}}
{{LSLAP Manual TOC|expanded = consumer}}
{{LSLAP Manual TOC|expanded = consumer}}


== C. Governing Legislation and Resources ==
== A. Legislation ==


=== 1. Legislation ===
* ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96410_01 Sale of Goods Act]'', RSBC 1996, c 410 [''SGA''].
:The ''SGA'' regulates contracts for the sale (or lease) of goods, but not services. The ''SGA'' is not concerned with the ethics of the transaction unless there is also a defect in the manner in which the contract is carried out (e.g. if the goods are not delivered, are damaged, or are unfit for the purpose for which they were sold). The protections are stronger for new goods and goods sold by sellers in the business of selling that good (e.g. retail stores) than for goods that the purchaser knows are used or sellers who are not in the business of selling that good.


The statutes to consult include the following:
* ''[http://www.bclaws.ca/civix/document/id/complete/statreg/04002_00 Business Practices and Consumer Protection Act]'', SBC 2004, c 2 [''BPCPA''].
:The ''BPCPA'' is concerned with the ethics of a transaction, such as deceptive and unconscionable acts and practices, as well as content requirements for many types of consumer contracts. The BPCPA also gives consumers the right, under some circumstances, to cancel contracts where the consumer has ongoing obligations, such as time share and gym memberships. In addition, the Act regulates businesses that offer such contracts and other types of transactions that are open to abusing consumers, such as direct sales and payday loans. One of the key features of the Act is that it provides for statutory causes of action for certain kinds of consumer transactions.


''Sale of Goods Act'', RSBC 1996, c 410 [''SGA''].
* ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96316_01 Motor Dealer Act]'', RSBC 1996, c 316 [''MDA''].
*This legislation regulates contracts for the sale (or lease) of goods, but not services. The ''SGA'' is not concerned with the ethics of the transaction unless there is also a defect in the manner in which the contract is carried out (e.g. if the goods are not delivered, are damaged, or are unfit for the purpose for which they were sold). The protections are stronger for new goods than for goods that the purchaser knows are used.  
:The ''MDA'' sets out the requirements for motor dealers selling vehicles to retail consumers. It requires disclosure of the prior history of a car (e.g. its use as a taxi), any damage  suffered over $2,000, and other important information. Clients with consumer complaints regarding car dealers should be directed to the Vehicle Sales Authority of British Columbia, which has the authority to investigate consumer complaints and provide dispute resolution.  
::'''NOTE:''' The ''MDA'' underwent several amendments in 2018-01-01 including amendments to the Consumer Advancement Fund that enacted ss 24.02-24.05, and provisions regarding the powers and undertakings of the registrar in ss 26.01-26.12.  


''Business Practices and Consumer Protection Act'', SBC 2004, c 2 [''BPCPA''].  
* ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96359_01 Personal Property Security Act]'', RSBC 1996, c 359 [''PPSA''].  
*The ''BPCPA'' is concerned with the ethics of a transaction, such as deceptive and unconscionable practices as well as information requirements for many types of consumer contracts. The BPCPA also gives consumers the right under some circumstances to get out of contracts  in which the consumer has ongoing obligations under the contract, such as time share, gym memberships, and book of the month contracts. If the  client wishes to get out of future obligations under a contract, see [[Direct Sales, Future Performance, and Time Share Contracts (11:V)#A. Direct Sales | Section V.A: Direct Sales]], below. In addition, the Act regulates businesses that offer such contracts and other transactions that are open to abuse, such as direct sales and payday lenders. One of the key features of the Act is that it provides for statutory causes of action for certain kinds of consumer transactions.
:The PPSA governs all security agreements, as well as chattel mortgages, conditional sales, floating charges, pledges, trust indentures, trust receipts, assignments, consignments, leases, trusts, and transfers of chattel paper that secure payment or performance of an obligation. A security interest is an interest in goods or other property that secures payment or performance of an obligation for a lender. It is used to determine who retained title; however, recent cases abolished title as the most important factor. See also [[Conditional Sales Contracts and Security Agreements (11:VI)|Section 11:VI Conditional Sales Contracts and Security Agreements]]


''Motor Dealer Act'', RSBC 1996, c 316 [''MDA''].
* ''[https://laws-lois.justice.gc.ca/eng/acts/b-4/index.html Bills of Exchange Act]'', RSC 1985, c. B-4, ss. 188-192 [''BEA''].  
*The ''MDA'' sets out the requirements for motor dealers selling vehicles to retail consumers. It requires disclosure of the prior history of a car (for example, its use as a taxi) and any damage  suffered over $2,000, and other important information. Clients with consumer complaints regarding car dealers should be directed to the Vehicle Sales Authority of British Columbia, which has the authority to investigate consumer complaints and provide dispute resolution.  Note that some amendments to the MDA regarding the Customer Compensation Fund recently came into force on 2016-05-19.  
:The ''BEA'' states that a promissory note is a written promise, like an “I owe you”, to pay a specified sum of money at a fixed time or on-demand. These are commonly used in conjunction with executory contracts, where one party has fulfilled their material obligations and the other party still has some or all outstanding.


''Personal Property Security Act'', RSBC 1996, c 359 [''PPSA''].  
* ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96050_01 Class Proceedings Act]'', RSBC 1996, c. 50 [''CPA''].  
*The PPSA governs all security agreements as well as chattel mortgages, conditional sales, floating charges, pledges, trust indentures, trust    receipts, assignments, consignments, leases, trusts, and transfers of chattel paper that secure payment or performance of an obligation. A  security interest is an interest in goods or other property that secures payment or performance of an obligation for a lender. It used to matter who retained title; however, recent cases abolished title as an important factor. See also [[Conditional Sales Contracts and Security Agreements (11:VI) | Section VI: Conditional Sales Contracts and Security Agreements]].  
:The ''CPA'' governs the application for and certification of class action proceedings.  


''Bills of Exchange Act'', RSC 1985, c. B-4, ss. 188-192.  
* ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/19013 Ticket Sales Act]'', SBC 2019, c. 13 [''TSA''].  
*This Act states that a promissory note is a written promise to pay a specified sum of money, at a fixed time or on demand. These are commonly  used in conjunction with executory contracts, where one party has fulfilled his or her material obligations and the other party still has some or all outstanding.  
:The ''TSA'' regulates ticket sales in both primary and secondary markets. The act prohibits the use of certain software and sets out requirements for ticket service providers and suppliers.


=== 2. Resources ===
== B. Resources ==


A list of resources which clients might find useful:
A list of resources which clients might find useful:


'''Consumer Protection BC (previously the Business Practices and Consumer Protection Authority)'''  
* '''Consumer Protection BC [CPBC]'''  


Toll-free: 1-888-564-9963                                           
:Toll-free: 1-888-564-9963                                           


Website: http://www.consumerprotectionbc.ca
:Website: http://www.consumerprotectionbc.ca


*Consumer Protection BC operates at arm’s length from government and has responsibility for a range of licensing, inspection, investigation, and enforcement activities. If consumer protection legislation appears to have been violated, the aggrieved party can phone Consumer Protection BC to report the infraction. This is the office to contact for students (on behalf of clients) seeking action by the Director under the statutory causes of action found in consumer protection legislation. This office also has a mandate to receive and act on consumer complaints generally.  
:Consumer Protection BC operates at arm’s length from government and has responsibility for a range of licensing, inspection, investigation, and enforcement activities. If consumer protection legislation appears to have been violated, the aggrieved party can phone CPBC to report the infraction. This office has a mandate to receive and act on consumer complaints generally.  


'''Vehicle Sales Authority of British Columbia'''  
::'''NOTE:''' This is the office to contact for students (on behalf of clients) seeking action by the Director under the statutory causes of action found in consumer protection legislation.


Telephone: (604) 574-5050
* '''Vehicle Sales Authority of British Columbia [VSA]'''


Website: http://www.mvsabc.com
:Telephone: (604) 574-5050


*The VSA is a regulatory agency that oversees the retail sales of motor vehicles in British Columbia. This is the office to contact if one believes that the MDA has been violated or one has questions regarding the provisions in the MDA.  
:Website: http://www.mvsabc.com


'''Better Business Bureau'''
:The VSA is a regulatory agency that oversees the retail sales of motor vehicles in British Columbia. This is the office to contact if a consumer believes that the ''MDA'' has been violated or has questions regarding the provisions in the ''MDA''.


Telephone: (604) 682-2711
* '''Better Business Bureau'''


Website: http://www.bbb.org/mbc
:Telephone: (604) 682-2711 or 1-888-803-1222


*Businesses voluntarily join this association, which provides self-policing of the business community. Complaints against a member company can  be made at this office, which offers an extra-judicial resolution process for conflicts between consumers and member companies. Information about a specific member company can also be obtained.
:Website: http://www.bbb.org/mbc


'''Dial-a-Law'''
:Businesses voluntarily join this association, which provides self-policing of the business community. Complaints against a member company can be made at this office, which offers an extra-judicial resolution process for conflicts between consumers and member companies. Information about a specific member company can also be obtained.


Telephone: (604) 687-4680
* '''Dial-a-Law'''


Website: http://www.cbabc.org/For-the-Public/Dial-A-Law
:Telephone: (604) 687-4680 or 1-800-565-5297


*This service provides pre-recorded summaries on the law pertaining to a wide variety of issues in consumer law. Some useful tapes include:
:Website: http://www.cbabc.org/For-the-Public/Dial-A-Law


{| class="wikitable"
:This service provides pre-recorded summaries on the law pertaining to a wide variety of issues in consumer law. Some useful tapes include:
|-
::a) Door-to-Door Sales, Time-Shares and Contracts You Can Cancel: 255
| Door-to-Door Sales, Time-Shares and Contracts You Can Cancel: 255 || Shopping by Phone, Mail or the Internet: 256
::b) Shopping by Phone, Mail or the Internet: 256
|-
::c) Buying Defective Goods: 257
| Buying Defective Goods: 257 || Dishonest Business Practices and Schemes: 260
::d) Dishonest Business Practices and Schemes: 260
|}




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Latest revision as of 20:08, 29 August 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 1, 2023.



A. Legislation

The SGA regulates contracts for the sale (or lease) of goods, but not services. The SGA is not concerned with the ethics of the transaction unless there is also a defect in the manner in which the contract is carried out (e.g. if the goods are not delivered, are damaged, or are unfit for the purpose for which they were sold). The protections are stronger for new goods and goods sold by sellers in the business of selling that good (e.g. retail stores) than for goods that the purchaser knows are used or sellers who are not in the business of selling that good.
The BPCPA is concerned with the ethics of a transaction, such as deceptive and unconscionable acts and practices, as well as content requirements for many types of consumer contracts. The BPCPA also gives consumers the right, under some circumstances, to cancel contracts where the consumer has ongoing obligations, such as time share and gym memberships. In addition, the Act regulates businesses that offer such contracts and other types of transactions that are open to abusing consumers, such as direct sales and payday loans. One of the key features of the Act is that it provides for statutory causes of action for certain kinds of consumer transactions.
The MDA sets out the requirements for motor dealers selling vehicles to retail consumers. It requires disclosure of the prior history of a car (e.g. its use as a taxi), any damage suffered over $2,000, and other important information. Clients with consumer complaints regarding car dealers should be directed to the Vehicle Sales Authority of British Columbia, which has the authority to investigate consumer complaints and provide dispute resolution.
NOTE: The MDA underwent several amendments in 2018-01-01 including amendments to the Consumer Advancement Fund that enacted ss 24.02-24.05, and provisions regarding the powers and undertakings of the registrar in ss 26.01-26.12.
The PPSA governs all security agreements, as well as chattel mortgages, conditional sales, floating charges, pledges, trust indentures, trust receipts, assignments, consignments, leases, trusts, and transfers of chattel paper that secure payment or performance of an obligation. A security interest is an interest in goods or other property that secures payment or performance of an obligation for a lender. It is used to determine who retained title; however, recent cases abolished title as the most important factor. See also Section 11:VI Conditional Sales Contracts and Security Agreements
The BEA states that a promissory note is a written promise, like an “I owe you”, to pay a specified sum of money at a fixed time or on-demand. These are commonly used in conjunction with executory contracts, where one party has fulfilled their material obligations and the other party still has some or all outstanding.
The CPA governs the application for and certification of class action proceedings.
The TSA regulates ticket sales in both primary and secondary markets. The act prohibits the use of certain software and sets out requirements for ticket service providers and suppliers.

B. Resources

A list of resources which clients might find useful:

  • Consumer Protection BC [CPBC]
Toll-free: 1-888-564-9963
Website: http://www.consumerprotectionbc.ca
Consumer Protection BC operates at arm’s length from government and has responsibility for a range of licensing, inspection, investigation, and enforcement activities. If consumer protection legislation appears to have been violated, the aggrieved party can phone CPBC to report the infraction. This office has a mandate to receive and act on consumer complaints generally.
NOTE: This is the office to contact for students (on behalf of clients) seeking action by the Director under the statutory causes of action found in consumer protection legislation.
  • Vehicle Sales Authority of British Columbia [VSA]
Telephone: (604) 574-5050
Website: http://www.mvsabc.com
The VSA is a regulatory agency that oversees the retail sales of motor vehicles in British Columbia. This is the office to contact if a consumer believes that the MDA has been violated or has questions regarding the provisions in the MDA.
  • Better Business Bureau
Telephone: (604) 682-2711 or 1-888-803-1222
Website: http://www.bbb.org/mbc
Businesses voluntarily join this association, which provides self-policing of the business community. Complaints against a member company can be made at this office, which offers an extra-judicial resolution process for conflicts between consumers and member companies. Information about a specific member company can also be obtained.
  • Dial-a-Law
Telephone: (604) 687-4680 or 1-800-565-5297
Website: http://www.cbabc.org/For-the-Public/Dial-A-Law
This service provides pre-recorded summaries on the law pertaining to a wide variety of issues in consumer law. Some useful tapes include:
a) Door-to-Door Sales, Time-Shares and Contracts You Can Cancel: 255
b) Shopping by Phone, Mail or the Internet: 256
c) Buying Defective Goods: 257
d) Dishonest Business Practices and Schemes: 260


© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.