Part Amendments with date in effect (d/m/y). Sales and Offences

7.9.2020 Zařazen do: Nezařazené — webmaster @ 19.10

52 Repealed: 2011, c. 1, Sched. 2, s. 6.

Part Amendments with date in effect (d/m/y)

Order of Registrar re: false marketing

53 (1) In the event that Registrar thinks on reasonable grounds that a licensee is making a false, deceptive or misleading declaration relating up to a cash advance or a pay day loan contract in any product posted in the slightest, including an ad, circular or pamphlet, the Registrar may,

(a) order the cessation of this utilization of the product;

(b) purchase the licensee to retract the declaration or publish a modification of equal prominence towards the initial book; or

(c) order both a cessation described in clause (a) and a retraction or modification described in clause (b). 2008, c. 9, s. 53 (1).

(2) Section 13 relates with necessary alterations to an purchase under this area within the manner that is same to a proposition by the Registrar to refuse to issue a licence. 2008, c. 9, s. 53 (2).

(3) The purchase of this Registrar shall simply take impact straight away, nevertheless the Tribunal may give a stay before the Registrar’s purchase becomes last. 2008, c. 9, s. 53 (3).

(4) In the event that licensee will not charm an purchase under this area or if the Tribunal upholds your order or even a variation from it, the licensee shall, upon the demand regarding the Registrar, distribute all statements in every ad, circular, pamphlet or material become posted at all towards the Registrar for approval before book for the period of time that the Registrar specifies. 2008, c. 9, s. 53 (4).

(5) The Registrar shall maybe perhaps perhaps not specify under subsection (4) an interval,

(a) that surpasses a duration that is recommended; or

(b) any section of which falls beyond your duration that is recommended. 2008, c. 9, s. 53 (5).

54 (1) If it seems to your Director that a entity or person isn’t complying with this specific Act or the laws or an purchase made under this Act, the Director may connect with the Superior Court of Justice for the purchase directing anyone or entity to comply, and, upon the application, the court will make your purchase that the court thinks fit. 2008, c. 9, s. 54 (1).

(2) Subsection (1) is applicable as well as just about any procedures which could be available to your Director, set up Director has exercised their liberties under such procedures. 2008, c. 9, s. 54 (2).

(3) An appeal lies to your Divisional Court from an order made under subsection (1). 2008, c. 9, s. 54 (3).

55 (1) an entity or person is bad of a offense whom,

(a) furnishes information that is false any application under this Act or in any statement or return needed under this Act;

(b) doesn’t conform to any purchase under this Act;

(c) contravenes or fails to comply with any area with this Act or the laws; or

(d) efforts to commit any offence mentioned in clause (a), (b) or (c). 2008, c. 9, s. 55 (1).

(2) An officer or manager of a firm whom doesn’t simply just simply take reasonable care to avoid the business from committing an offense mentioned in subsection (1) is bad of this offense. 2008, c. 9, s. 55 (2).

(3) an individual or entity that is convicted of an offense under this Act is likely to,

(a) an excellent of only $50,000 or to imprisonment for a term of not more than couple of years less a or both, if the person or entity is an individual; or day

(b) a superb of only $250,000, in the event that individual or entity isn’t a person. 2008, c. 9, s. 55 (3).

(4) No proceeding under this part will probably be commenced a lot more than couple of years following the facts upon that your proceeding relies first found the information of this Director. 2008, c. 9, s. 55 (4).

Requests for settlement, restitution

56 in case a entity or person is convicted of a offense under this Act, the court making the conviction may, along with every other penalty, order the individual or entity convicted to pay for payment or make restitution. 2008, c. 9, s. 56.

Standard in re re re payment of fines or charges

57 (1) if your cost mentioned in subsection (2) is in standard for at least 60 times, the Director may reveal to a customer reporting agency the title for the defaulter, the fee as well as the date the fee went into standard. 2008, c. 9, s. 57 (1).

(2) Subsection (1) pertains to the following fees:

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