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Difference between revisions of "Consumer Protection from Deceptive and Unconscionable Acts (11:IV)"
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Consumer Protection from Deceptive and Unconscionable Acts (11:IV) (view source)
Revision as of 20:27, 12 August 2020
, 20:27, 12 August 2020→E. Powers of the Director
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== E. Powers of the Director == | == E. Powers of the Director == | ||
Consumer Protection BC is responsible for the administration and enforcement of the | 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; | *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, | *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) seek declaration and/or injunctive relief on behalf of a consumer, or a class of consumers, and make their applications ''ex parte'' (s 172); and | *f) 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 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. | |||
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/. | |||
== F. Deceptive Practices Under the Competition Act == | == F. Deceptive Practices Under the Competition Act == | ||