The Department of Consumer Affairs Act

Transcription

1 The Department of Consumer Affairs Act being Chapter D-9 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title 2 Department continued 3 Staff 4 Scope 5 Duties of department 6 Investigations and inquiries 7 Penalty for not producing books, etc. 8 Minister may order certain practices to cease, order may be continued by judge 9 Penalty for contravention of order under section 8 10 Attorney Genral may bring certain actions 11 Procedure for certain actions, etc., brought by Attorney General 12 Annual report

3 CHAPTER D-9 An Act respecting the Department of Consumer Affairs Short title 1 This Act may be cited as The Department of Consumer Affairs Act. Department continued 2(1) The department of the Government of Saskatchewan called the Department of Consumer Affairs is continued. (2) The Minister of Consumer Affairs shall preside over the department. 1972, c.27, s.2; R.S.S. 1978, c.d-9, s.2. Staff 3 The staff of the department shall consist of a deputy minister, to be called the Deputy Minister of Consumer Affairs, and such other employees as are required for the proper conduct of the business of the department. 1972, c.27, s.3; R.S.S. 1978, c.d-9, s.3. Scope 4 All that part of the administration of the Government of Saskatchewan that relates to consumer affairs and that is not by law assigned to any other department or agency of the Government of Saskatchewan shall be under the control of the department. 1972, c.27, s.4; R.S.S. 1978, c.d-9, s.4. Duties of department 5 The department shall: (a) have general supervision of consumer affairs and shall examine and report to the minister from time to time on matters related to consumer affairs; (b) make inquiries into and report upon consumer affairs legislation in force in Canada and elsewhere and, on the basis of the inquiries and reports, make recommendations to the minister with regard to consumer affairs legislation; (c) investigate complaints received by the department respecting alleged contraventions of consumer affairs legislation or respecting practices that are alleged to be contrary to the interests of consumers; (d) disseminate information with respect to consumer affairs matters; and (e) perform such other duties and functions as may be assigned to it by the Lieutenant Governor in Council. 1972, c.27, s.5; R.S.S. 1978, c.d-9, s.5.

4 4 c. D-9 DEPARTMENT OF CONSUMER AFFAIRS Investigations and inquiries 6(1) The minister, or any person who is authorized in writing by the minister to do so, may investigate or inquire into any matter where the minister has reason to believe that an investigation or inquiry is expedient for the due administration of any matter within the jurisdiction of the department. (2) The minister or a person making an investigation or inquiry under subsection (1) may at all reasonable times demand the production of and inspect all or any of the books, documents, papers, correspondence or records of the person in respect of whom the investigation or inquiry is being made. (3) Any person who has the custody, possession or control of any books, documents, papers, correspondence or records demanded under subsection (2) shall produce them and permit the inspection thereof by the minister or person making the investigation or inquiry. 1972, c.27, s.6; R.S.S. 1978, c.d-9, s.6. Penalty for not producing books, etc. 7 A person who does not comply with subsection (3) of section 6 is guilty of an offence and liable on summary conviction to a fine of not more than $500 and in default of payment to imprisonment for a term of not less than seven days or more than thirty days. 1972, c.27, s.7; R.S.S. 1978, c.d-9, s.7. Minister may order certain practices to cease, order may be continued by judge 8(1) The minister may, where in his opinion such action is in the public interest, order a person to cease: (a) using a particular form of advertisement in any business or undertaking where he is of opinion that the advertisement was made in contravention of The Cost of Credit Disclosure Act or any regulation under that Act; (b) using a particular form of contract in the sale of goods or services; (c) selling, offering for sale, advertising for sale or distributing any goods or services in any business or undertaking. (2) Subject to subsections (4) and (6), an order made by the minister under subsection (1) expires after five days from the day on which the order was made. (3) Where the minister has made an order under subsection (1), he may apply to a judge of the Court of Queen s Bench within live days after the day on which the order was made for an order of the judge extending the existence of the order. (4) An application under subsection (3) may include a request that the order in respect of which the application is made be continued after the time of its expiration under subsection (2) until the disposition of the application under subsection (6) and the judge may continue the order of the minister for such period of time and subject to such terms and conditions as he deems proper or he may deny the request. (5) Upon receipt of an application under subsection (3), the judge shall fix a time and place for the hearing of the application and shall direct the method of service by the minister of notice of the time and place of the hearing upon the person in respect of whom the order was made.

5 5 DEPARTMENT OF CONSUMER AFFAIRS c. D-9 (6) Upon an application under subsection (3), the judge may, if he is satsified that: (a) in the case mentioned in clause (a) of subsection (1), the advertisement in respect of which the order relates was made in contravention of The Cost of Credit Disclosure Act or any regulation under that Act; (b) in the case mentioned in clause (b) of subsection (1), the form of contract in respect of which the order was made was misleading or harsh due to: (i) the size of the print of any words, letters, signs or symbols in the contract; (ii) a term of the contract that required a person to whom goods or services were to be supplied to do any act or thing within a time that was unreasonable having regard to the nature of the contract; (iii) any other reason; (c) the person in respect of whom the order was made carried on business in the province under circumstances that if a class action on behalf of several or more persons was initiated and maintained and judgment obtained against the person, the judgment could not be enforced due to a lack of assets of the person; (d) for any other reason it would not be in the best interests of consumers in the province that the person in respect of whom the order was made should carry on business in the province in the manner in which he had carried on his business; may make such order as the judge deems proper in the case extending the order in respect of which the application was made for such period of time and subject to such terms and conditions as the judge may prescribe or may vary the order or make such further or other order as the judge deems proper. (7) An appeal lies to the Court of Appeal from the order of a judge made under subsection (4). 1972, c.27, s.8; R.S.S. 1978, c.d-9, s.8. Penalty for contravention of order under section 8 9(1) A person who contravenes an order made by the minister under section 8 is guilty of an offence and liable on summary conviction to a fine of not more than $500 and in default of payment of any fine imposed, or in addition to the fine, is liable to imprisonment for a term of not more than thirty days. (2) Notwithstanding subsection (1), where the person convicted of an offence under this section is a company the maximum fine provided in subsection (1) may be increased to an amount not exceeding $5,000. (3) Every director, officer or agent of a company who directed, authorized, assented to, acquiesced in or participated in the contravention by the company of an order made by the minister under section 8 is guilty of an offence and liable on summary conviction to a fine of not more than $500 and in default of payment of any fine imposed, or in addition to the fine, is liable to imprisonment for a term of not more than twenty days whether or not the company has been prosecuted or convicted. (4) The conviction of a director, officer or agent of an offence under subsection (3) does not relieve the company from complying with the order in respect of which the conviction was made. 1972, c.27, s.9; 1973, c.106, s.2; R.S.S. 1978, c.d-9, s.9.

6 6 c. D-9 DEPARTMENT OF CONSUMER AFFAIRS Attorney Genral may bring certain actions 10 The Attorney General, for the benefit of any persons or class of persons who have suffered loss, or who allege that they have suffered loss, by reason of a person: (a) having committed an offence or who is alleged to have committed an offence against this Act or any of the Acts that are administered by the Minister of Consumer Affairs or against any of the regulations or orders made under those Acts; or (b) being in breach of contracts for the sale of goods or the provision of services to the persons and the contracts pursuant to which the goods or services were, or were to be, sold or provided, were evidenced in writing by forms of contracts that were approved or required to he approved by an officer of the Department of Consumer Affairs; may commence and maintain any action or proceeding against the person that the persons could have commenced or maintained on their own behalf at the time the action or proceeding is commenced by the Attorney General. 1972, c.27, s.10; R.S.S. 1978, c.d-9, s.10. Procedure for certain actions, etc., brought by Attorney General 11(1) An action or proceeding under section 10 may be commenced and continued showing the Attorney General alone as the plaintiff, applicant or petitioner, as the case may be, or may show the Attorney General as acting on behalf of the persons for whose benefit the action or proceeding is commenced or continued. (2) No costs shall he awarded to or against the Attorney General in respect of an action or proceeding under subsection (1) and any costs awarded to or against any persons on whose behalf an action or proceeding under subsection (1) was commenced or continued shall be apportioned among those persons as the judge shall direct. (3) Subject to subsections (1) and (2), the rules of the court in which the action or proceeding is pending apply with such modifications as the presiding, judge or court deems necessary in the particular case. 1972, c.27, s.11; R.S.S. 1978, c.d-9, s.11. Annual report 12(1) The minister shall, in accordance with The Tabling of Documents Act submit to the Lieutenant Governor in Council an annual report respecting the work performed by the department. (2) The report required by subsection (1) shall be laid before the Legislative Assembly in accordoance with The Tabling of Documents Act. 1972, c.27, s.12; R.S.S. 1978, c.d-9, s.12. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2012