Review Panel on Common Law Relationships
Opinion on Common-Law Relationships of Jennifer Cooper

Volume 2
Proposed Statute Changes

Proposed Changes to the
Consumer Protection Act

Current Act: should read Proposed Act:
Definitions

1 In this Act,

  Definitions

1 In this Act,

"common-law partner" means a person who, not being married to the other person, cohabits with him or her in a conjugal relationship.

Delivery of Notice, etc.

50(1) A notice required by section 46 and 47, and the copy of the order and notice required by section 49, may be given to the buyer

(a) by delivering it personally to the buyer or to his spouse; or

(b) if the goods are in a dwelling at the time of repossession, by delivering it to any adult person who is present at the time of repossession and appears to reside in the dwelling; or

(c) by mailing it, by registered mail, addressed to the buyer at his last known address, in which case it shall be deemed to be given on the next business day after the date of mailing.

  Delivery of Notice, etc.

50(1) A notice required by section 46 and 47, and the copy of the order and notice required by section 49, may be given to the buyer

(a) by delivering it personally to the buyer or to his spouse or common-law partner; or

(b) if the goods are in a dwelling at the time of repossession, by delivering it to any adult person who is present at the time of repossession and appears to reside in the dwelling; or

(c) by mailing it, by registered mail, addressed to the buyer at his last known address, in which case it shall be deemed to be given on the next business day after the date of mailing.

 

Consumer Protection Act

Current Act: should read Proposed Act:
Prohibitions

98 No person, whether on his own behalf or on behalf of another, directly, or through others, shall with respect to any loan of money to which this Act applies, or to any hire-purchase or sale of goods or services, or both

(f) make telephone calls or personal calls of such nature or with such frequency as to constitute harassment of the debtor, his spouse or his family; or

(h) except with the leave of the court, remove any goods claimed under seizure or distress unless the debtor, his spouse, his agent or an adult having possession and use of the goods with the consent of the debtor, is present at the time and is aware of the removal; or

  Prohibitions

98 No person, whether on his own behalf or on behalf of another, directly, or through others, shall with respect to any loan of money to which this Act applies, or to any hire-purchase or sale of goods or services, or both

(f) make telephone calls or personal calls of such nature or with such frequency as to constitute harassment of the debtor, his spouse, common-law partner, or his family; or

(h) except with the leave of the court, remove any goods claimed under seizure or distress unless the debtor, his spouse, common-law partner, his agent or an adult having possession and use of the goods with the consent of the debtor, is present at the time and is aware of the removal; or

 

Consumer Protection Act

Current Act: should read Proposed Act:
(l) give, by implication, inference, or statement, directly or indirectly, any false information to any person or agency that may be detrimental to a debtor or his spouse; or

(n) make telephone calls or personal calls of such a nature or with such frequency as to constitute harassment of any person in an effort to determine the present whereabouts of a debtor, his spouse or his family.

  (l) give, by implication, inference, or statement, directly or indirectly, any false information to any person or agency that may be detrimental to a debtor or his spouse or common-law partner; or

(n) make telephone calls or personal calls of such a nature or with such frequency as to constitute harassment of any person in an effort to determine the present whereabouts of a debtor, his spouse, common-law partner, or his family.

Leave to seize

100(1) For the purposes of clause 98(h), a person may apply to the court for leave to remove goods claimed under seizure or distress in the absence of the debtor, his spouse, his agent or an adult having possession and use of the goods with the consent of the debtor and subsections 49(2), (3) and (4) apply to the application.

  Leave to seize

100(1) For the purposes of clause 98(h), a person may apply to the court for leave to remove goods claimed under seizure or distress in the absence of the debtor, his spouse or common-law partner, his agent or an adult having possession and use of the goods with the consent of the debtor and subsections 49(2), (3) and (4) apply to the application.

 

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Opinion on Common-Law Relationships of
Jennifer A. Cooper, Q.C. - Volume 2

Proposed Changes to the Consumer Protection Act
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Review Panel on Common-Law Relationships
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.
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Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C.