Province of Alberta

CONSUMER PROTECTION ACT

Revised Statutes of Alberta 2000

Chapter C-26.3

Current as of January 1, 2019

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Note

All persons making use of this consolidation are reminded that it has no
legislative sanction, that amendments have been embodied for convenience of
reference only. The official Statutes and Regulations should be consulted for all
purposes of interpreting and applying the law.

Amendments Not in Force

This consolidation incorporates only those amendments in force on the

consolidation date shown on the cover. It does not include the following
amendments:

2017 c18 s1 amends s6(4), adds s6.1and 6.2

Regulations

The following is a list of the regulations made under the Consumer Protection
Act that are filed as Alberta Regulations under the Regulations Act

Alta. Reg. Amendments

Consumer Protection Act

Administrative Penalties (Consumer
Protection Act) .........................................135/2013 ......... 173/2018
Appeal Board .................................................195/99 ............. 108/2002, 164/2010,
69/2012, 108/2015,
78/2016, 122/2018
Automotive Business .....................................192/99 ............. 96/2000, 137/2000,
68/2004, 221/2004,
1/2006, 112/2006,
133/2018
Collection and Debt Repayment
Practices ...................................................194/99 ............. 27/2002, 68/2004,
3/2006, 68/2008,
163/2009, 31/2012,
 62/2013, 152/2013,
57/2014, 159/2018
Consumer Transaction Cancellation
and Recovery Notice ................................287/2006 ......... 132/2016, 157/2018
Cost of Credit Disclosure ...............................198/99 ............. 143/2003, 68/2004,
158/2007, 254/2007,
184/2008, 120/2015
Credit and Personal Reports ...........................193/99 ............. 144/2003, 238/2003,
245/2005, 118/2015
Designation of Trades
and Businesses .........................................178/99 ............. 93/2000, 251/2001,
45/2002, 144/2004,
221/2004, 246/2005,
8/2006, 66/2009,
133/2009, 147/2009,
98/2010, 77/2011,
31/2012, 43/2012,
45/2014, 140/2014,
125/2015, 240/2018,
10/2019
Direct Sales Cancellation
and Exemption .........................................191/99 ............. 161/2000, 10/2004,
68/2004, 246/2005,
26/2009, 152/2013,
140/2014, 158/2018
Direct Selling Business Licensing ..................190/99 ............. 108/2002, 70/2012,
74/2015, 198/2016
Employment Agency Business
Licensing ..................................................45/2012 ........... 173/2016, 166//2017
Energy Marketing and Residential Heat
Sub-metering ...........................................246/2005 ......... 4/2006, 35/2007,
254/2007, 309/2009,
72/2012, 119/2015,
198/2016
Exemption ......................................................188/99 ............. 68/2004, 139/2013
General Licensing and Security .....................187/99 ............. 109/2000, 56/2002,
10/2004, 68/2004,
246/2005, 259/2005,
226/2009, 105/2010,
33/2011, 45/2012,
140/2014, 115/2015
Gift Card ........................................................146/2008 ......... 162/2009, 173/2013,
167/2016, 173/2018
High-cost Credit .............................................132/2018
Home Inspection Business .............................75/2011 ........... 133/2016, 157/2017,
162/2018
Internet Sales Contract ...................................81/2001 ........... 118/2001, 10/2004,
246/2005, 15/2006,
227/2009, 105/2010,
 140/2014, 140/2016,
173/2018
Payday Loans .................................................157/2009 ......... 230/2009, 353/2009,
92/2016, 134/2016,
183/2016, 123/2018
Prepaid Contracting
Business Licensing ...................................185/99 ............. 108/2002, 183/2011,
71/2012, 66/2015,
198/2016
Public Auctions ..............................................196/99 ............. 68/2004, 187/2005,
260/2005, 288/2009,
82/2010
Retail Home Sales
Business Licensing ...................................197/99 ............. 68/2004, 46/2011,
116/2015
Ticket Sales ....................................................78/2018
Time Share and Points-based Contracts
and Business .............................................105/2010 ......... 36/2014, 14/2019
 CONSUMER PROTECTION ACT

Chapter C-26.3

Table of Contents
1 Interpretation
1.1 Consumer Bill of Rights

Part 1
General Principles
2 Act prevails
2.1 Application of Act
3 Other rights unaffected
4 Interpretation of documents
4.1 Regulations

Part 2
Unfair and Negative Option Practices
Division 1
Unfair Practices
5 Application
6 Unfair practices
7 Cancelling agreement
7.1 Notice
7.2 Powers of Court
7.3 Liability
7.4 Provincial Court
8 Time of occurrence
9 Advertising
10 Trust accounts
11 Information in representations
12 Regulations

Division 2
Civil Remedies Against Suppliers
13 Court action by consumer

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CONSUMER PROTECTION ACT Chapter C-26.3

14 Provincial Court
15 Actions by the Director on behalf of consumers
16 Arbitration clause, agreement
17 Court action by consumer organizations
18 Director to be notified
19 Advertisement of judicial decision

Division 3
Negative Option Practices
20 Definition
21 Application
22 No consumer liability
23 Negative option practices prohibited

Part 3
Cancellation of Direct Sales
Contracts and Time Share Contracts
24 Definitions
25 Application

Division 1
Direct Sales Contracts
26 Salesperson’s representations
27 Absolute cancellation right
28 Extended cancellation in certain circumstances
29 Method of cancellation
30 Effect of cancellation of contract
31 Responsibilities on cancellation
32 Consumer’s right to retain goods
33 Recovery of refund and trade-in allowance
34 Proceeds of bond
35 Contents of sales contract
36 Regulations

Division 2
Time Share Contracts
37 Absolute cancellation right
38 Method of cancellation
39 Responsibilities on cancellation
40 Recovery of refund
41 Regulations

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CONSUMER PROTECTION ACT Chapter C-26.3

Part 4
Marketing Through Electronic Media
42 Regulations

Part 5
Credit and Personal Reports
43 Definitions
44 Furnishing reports
45 Contents of reports
47 Explanation by individual
49 False information
50 Civil remedy
51 Regulations

Part 6
Wage Assignments
52 Definitions
53 Assignments

Part 7
Fees Charged by Loan Brokers
54 Charging and collecting fees
54.1 Regulations

Part 8
Consignment Sales, Mobile Homes
and Motor Fuel
55 Consignment sales
56 Mobile homes
57 Motor fuel

Part 8.1
Ticket Sales and Resales
57.1 Definitions
57.2 Ticket refund by secondary seller, operator of
secondary ticketing platform
57.3 Use of certain software
57.4 Court action re prohibited use of software
57.5 Provincial Court
57.6 Regulations

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CONSUMER PROTECTION ACT Chapter C-26.3

Part 9
Cost of Credit Disclosure
Division 1
Interpretation and Application
58 Definitions
59 Determination of cost of credit
60 Application

Division 2
Disclosure
61 Definition
62 Requirement to disclose
63 Form of disclosure statements
64 Time at which disclosure statement to be delivered
65 Delivery of disclosure statements

Fees, Charges and Optional Services

66 Required insurance
67 Cancellation of optional services
68 Prepayment of non-mortgage credit
69 Default charges
70 Invitation to defer payment
71 Acceleration clauses

Credit Arranged by Loan Brokers

72 Non-business credit grantors
73 Business credit grantors

Division 3
Fixed Credit

General
74 Application
75 Credit sales
76 Advertising for fixed credit

Disclosure Statements
77 Initial disclosure statement for fixed credit
78 Changes in interest rate
79 Disclosure regarding amendments
80 Disclosure where mortgage loan renewed
81 Renewal of non-mortgage loan

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CONSUMER PROTECTION ACT Chapter C-26.3

Division 4
Open Credit

General
82 Application
83 Advertising for open credit
84 Initial disclosure statement
85 Statement of account

Credit Cards
86 No unsolicited credit cards
87 Application for credit card
88 Additional disclosure for credit card
89 Limitation of liability

Division 5
Leases of Goods
90 Definitions
91 Application of Division
92 Advertisements
93 Disclosure statement for lease
94 Residual obligation leases

Division 6
Compliance
95 Interpretation
96 Recovery of payments and compensation
97 Inconsistency between disclosure statement and contract
98 Statutory damages
99 Exemplary damages
100 Assignee

Division 7
Regulations
101 Regulations

Part 10
Designated Trades and Businesses
102 Definitions
103 Application of Part
104 Licence required - designated businesses
105 Regulations
106 Codes respecting competitive practices

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CONSUMER PROTECTION ACT Chapter C-26.3

107 Compliance with code

108 Municipal licences

Part 10.1
Automotive Sales and Repairs
108.1 Definitions
108.2 Disclosure, standard bill of sale, warranties, estimates, authorization
of work
108.3 Regulations

Part 11
Collection Practices
109 Definitions
110 Exemptions
111 Licence required
112 Suspension and cancellation of licence
114 Statement of account
117 Withdrawal of accounts
118 Regulations

Part 12
Public Auctions
119 Definitions
120 Application
121 Licence required
123 Removal of goods purchased
124 Regulations

Part 12.01
High-cost Credit
124.01 Definitions
124.02 Licence required

Part 12.1
Payday Loans
124.1 Interpretation
124.11 Application
124.12 Express content
124.2 Prohibited practices
124.21 Tied selling prohibited
124.3 Instalment payments
124.31 Financial literacy information
124.4 Cancellation period

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CONSUMER PROTECTION ACT Chapter C-26.3

124.41 Standard content of agreements, forms, other documents

124.5 Agreement and advance
124.51 Acknowledgment of receipt of payment
124.6 Payout of balance on cash card
124.61 Maximum allowable cost of borrowing
124.7 Consequence of failure to comply
124.8 Signs and notices
124.81 Creation, retention of records
124.9 Use, disclosure of personal information
124.91 Regulations

Part 13
Licensing
125 Definition
126 Application for licence
127 Refusal, suspension, cancellation, terms
128 Notice
129 Order against agents and others
130 Security
131 Term of licence
132 Duty to maintain records
133 Trust accounts
134 Notification of changes
135 Appeal
136 Delegation to regulatory boards
137 Establishment of fund by regulatory board
137.1 Review respecting regulatory board
137.2 Ministerial order after review
137.3 Notice of ministerial order
137.4 Ministerial order in public interest without review,
notice, representations
137.5 Request to revoke or vary ministerial order
made without notice
137.6 Revocation of ministerial order
137.7 Responsibility for review and order costs
137.8 Continuation of Alberta Motor Vehicle Industry Council
as corporation
137.9 Act, regulations prevail
137.91 Transitional regulations, matters
137.92 Transitional regulations re continuation of Alberta Motor
Vehicle Industry Council
138 Delegation to department head
139 Regulations

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CONSUMER PROTECTION ACT Chapter C-26.3

140 Registration

Part 14
Remedies and Enforcement
141 Definition

Dispute Resolution
142 Dispute resolution

Court Action by Consumer

142.1 Court action by consumer re contravention,
failure to comply
142.2 Provincial Court

Trust Accounts
143 Regulations

Inspections and Investigations

144 Identification of inspectors
145 Inspection
146 Order compelling assistance in inspections
147 Investigation
148 Order compelling assistance in investigations
149 Special circumstances
150 Publication of information
150.1 Disclosing default in payment of fines
151 Property freeze orders
151.1 Payment into court
151.2 Notice filed in land titles office or Personal Property Registry
151.3 Application to Court respecting order or notice

Undertakings
152 Supplier’s undertakings
153 Change in undertaking by Director
154 Change in undertaking by Court
155 Effect of varying or cancelling an undertaking

Injunctions and Compliance Orders

156 Injunction
157 Director’s order
157.1 Public record
158 Enforcement of Director’s order

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CONSUMER PROTECTION ACT Chapter C-26.3

Administrative Penalties
158.1 Notice of administrative penalty
158.2 Right to make representations
158.3 No offence where administrative penalty paid
158.4 Enforceability of notice of administrative penalty
158.5 Ministerial regulations

Other Remedies
159 Court actions by the Director
159.1 Director’s claim for restitution
160 Advertisement of judicial decision

Offences
161 Non-compliance with Act
162 Non-compliance with regulations
163 Non-compliance with orders, etc.
164 Penalty
165 Corporations, partnerships and sole proprietorships
166 Vicarious liability
167 Time limit for prosecution
168 Restitution

Evidence
169 Carrying on business
169.1 Evidence
170 Loan brokers
171 Status of licensee and nature of substances, etc.
172 Copies

Part 15
Administration and Appeals
Administration
173 Director and inspectors
174 Delegation
175 Co-operative enforcement
176 Government’s costs
177 Service of documents
178 Forms

Appeals
179 Appeal
180 Effect of appeal

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Section 1 CONSUMER PROTECTION ACT Chapter C-26.3

181 Court of Queen’s Bench

182 Powers of appeal board
182.1 Protection from liability
183 Regulations

Part 15.1
General
183.1 Publication of review
183.2 Complainant protection

Preamble
WHEREAS all consumers have the right to be safe from unfair
business practices, the right to be properly informed about products
and transactions, and the right to reasonable access to redress when
they have been harmed;

WHEREAS businesses thrive when a balanced marketplace is

promoted and when consumers have confidence that they will be
treated fairly and ethically by members of an industry;

WHEREAS businesses that comply with legal rules should not be

disadvantaged by competing against those that do not; and

WHEREAS the Government of Alberta is committed to protecting

consumers and businesses from unfair practices to support a
prosperous and vibrant economy;

THEREFORE HER MAJESTY, by and with the advice and

consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation
1(1) In this Act,

(a) “administrative penalty” means an administrative penalty

required to be paid under section 158.1(1);

(a.1) “advertiser” means a person who prints, publishes,

distributes, broadcasts or telecasts other people’s
advertisements;

(b) “consumer” means, subject to the regulations under

subsection (2) and except in section 108.1(c), an individual
who

(i) receives or has the right to receive goods or services

from a supplier as a result of a purchase, lease, gift,
contest or other arrangement, but does not include an

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Section 1 CONSUMER PROTECTION ACT Chapter C-26.3

individual who intends to sell the goods after receiving

them,

(ii) has a legal obligation to compensate a supplier for goods

that have been or are to be supplied to another individual
and the other individual does not intend to sell the goods
after receiving them, or

(iii) has a legal obligation to compensate a supplier for

services that have been or are to be supplied to another
individual;

(c) “consumer transaction” means, subject to the regulations

under subsection (2),

(i) the supply of goods or services by a supplier to a

consumer as a result of a purchase, lease, gift, contest or
other arrangement, or

(ii) an agreement between a supplier and a consumer, as a

result of a purchase, lease, gift, contest or other
arrangement, in which the supplier is to supply goods or
services to the consumer or to another consumer
specified in the agreement;

(c.1) “credit agreement” means an agreement under which credit

is extended and, without limitation, includes

(i) a loan of money,

(ii) a credit sale, and

(iii) an agreement under which a loan of money or a credit

sale may occur in the future;

(d) “Director” means the Director of Fair Trading appointed

under section 173;

(e) “goods”, except in Part 12, means, subject to the regulations

under subsection (2),

(i) any personal property that is used or ordinarily used

primarily for personal, family or household purposes,

(ii) a voucher, or

(iii) a new residential dwelling whether or not the dwelling is

affixed to land;

(f) “inspector” means an inspector appointed under section 173;

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Section 1 CONSUMER PROTECTION ACT Chapter C-26.3

(g) “licence” means a licence issued or renewed under this Act;

(h) “loan broker” means a person who for compensation

directly assists a person in obtaining credit or a loan of
money for business or personal use, including credit or a
loan made from the loan broker’s own funds;

(i) “Minister” means the Minister determined under section 16

of the Government Organization Act as the Minister
responsible for this Act;

(i.1) “notice of administrative penalty” means a notice given

under section 158.1(1);

(i.2) “ongoing consumer transaction” means a consumer

transaction providing for the continuing or periodic supply
of goods or services, whether for a fixed or an indeterminate
period of time;

(i.3) “recorded mail” means a form of document delivery by mail

or courier in which receipt of the document must be
acknowledged in writing;

(j) “regulatory board” means a regulatory board established

under the regulations;

(k) “services” means, subject to the regulations under

subsection (2), any service offered or provided primarily for
personal, family or household purposes, including

(i) a service offered or provided that involves the addition

to or maintenance, repair or alteration of goods or any
residential dwelling,

(ii) a membership in any club or organization if the club or

organization is a business formed to make a profit for its
owners,

(iii) the right to use property under a time share contract, and

(iv) any credit agreement;

(l) “supplier” means, subject to the regulations under

subsection (2), a person who, in the course of the person’s
business,

(i) provides goods or services to consumers,

(ii) manufactures, assembles or produces goods,

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Section 1.1 CONSUMER PROTECTION ACT Chapter C-26.3

(iii) promotes the use or purchase of goods or services, or

(iv) receives or is entitled to receive money or other

consideration as a result of the provision of goods or
services to consumers,

and includes any salesperson, employee, representative or

agent of the person;

(m) “time share contract” means a contract in which an

individual acquires the right to use, occupy or possess real
or personal property, whether or not it is located in Alberta,

(i) for a period of time of less than one year during an

interval specified in the contract, and

(ii) as part of a plan that provides for the use of the property
to circulate among persons participating in the plan;

(n) “voucher” means any document that purports to give the

holder of the document the right to obtain goods or a service
or the right to obtain goods or a service at a discounted or
reduced price.

(1.1) The Minister may, for the purposes of this Act or any part of
this Act and for the purposes of the regulations, make regulations
defining any word or term used but not defined in this Act or in the
part of this Act.

(2) Without limiting the generality of subsection (1.1), the

Minister may make regulations that restrict or broaden the
definitions of consumer, consumer transaction, goods, services and
supplier, and the restricting or broadening of the definitions may
apply to one or more provisions of this Act and to one or more
provisions of the regulations under this Act.
RSA 2000 cF-2 s1;2005 c9 s2;2012 c7 s1;
2016 c8 s2;2017 c18 s1(5);2018 c11 s7

Consumer Bill of Rights

1.1(1) The Minister shall establish and make publicly available a
Consumer Bill of Rights that highlights consumer rights and
protections under this Act.

(2) A failure of a person to act in a manner that is consistent with

the Consumer Bill of Rights does not in itself give rise to

(a) a cause of action or other legally enforceable right or legal

remedy or claim,

(b) an offence under this Act, or

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Section 2 CONSUMER PROTECTION ACT Chapter C-26.3

(c) proceedings in any court or before any body or person

having the power to make decisions under an enactment.

(3) The Consumer Bill of Rights does not limit or otherwise affect
any existing rights or obligations under this Act.
2017 c18 s1(6)

Part 1
General Principles
Act prevails
2(1) Any waiver or release by a person of the person’s rights,
benefits or protections under this Act or the regulations is void.

(2) Subsection (1) does not apply to a release made by a person in

the settlement of a dispute.
1998 cF-1.05 s2

Application of Act
2.1 In determining whether this Act applies to an entity, a
representation or a transaction, a court or an appeal board must
consider the real substance of the entity, the representation or the
transaction and in doing so may disregard the outward form.
2005 c9 s3;2018 c11 s7

Other rights unaffected

3 None of the rights or remedies under this Act or the regulations
restrict, limit or derogate from any legal, equitable or statutory right
or remedy that the following may have:

(a) a consumer;

(b) a person dealing with a reporting agency as defined in Part

5, licensee or loan broker;

(c) a borrower or lessee to which Part 9 applies;

(d) a borrower to whom Part 12.1 applies.

RSA 2000 cF-2 s3;2016 cE-9.5 s8

Interpretation of documents
4 If a consumer and a supplier enter into a consumer transaction,
or an individual enters into a contract with a licensee and the
licensee agrees to supply something to the individual in the normal
course of the licensee’s business, and

(a) all or any part of the transaction or contract is evidenced by

a document provided by the supplier or licensee, and

(b) a provision of the document is ambiguous,

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 RSA 2000
Section 4.1 CONSUMER PROTECTION ACT Chapter C-26.3

the provision must be interpreted against the supplier or licensee, as

the case may be.
1998 cF-1.05 s4

Regulations
4.1 The Minister may make regulations respecting the
establishment of minimum standards for specific types of business
that are subject to this Act, without requiring them to be licensed.
2005 c9 s4

Part 2
Unfair and Negative Option Practices
Division 1
Unfair Practices
Application
5 This Act applies to the following unfair practices:

(a) an unfair practice in which the supplier or consumer is a

resident of Alberta;

(b) an unfair practice involving a consumer transaction in which

the offer or acceptance is made in or is sent from Alberta;

(c) an unfair practice made or received in Alberta involving a

supplier’s representative;

(d) an unfair practice specified in the regulations.

1998 cF-1.05 s5

Unfair practices
6(1) In this section, “material fact” means any information that
would reasonably be expected to affect the decision of a consumer
to enter into a consumer transaction.

(1.1) It is an offence for a supplier to engage in an unfair practice.

(2) It is an unfair practice for a supplier, in a consumer transaction

or a proposed consumer transaction,

(a) to exert undue pressure or influence on the consumer to

enter into the consumer transaction;

(b) to take advantage of the consumer as a result of the

consumer’s inability to understand the character, nature,
language or effect of the consumer transaction or any matter
related to the transaction;

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Section 6 CONSUMER PROTECTION ACT Chapter C-26.3

(c) to use exaggeration, innuendo or ambiguity as to a material

fact with respect to the consumer transaction;

(d) to charge a price for goods or services that grossly exceeds

the price at which similar goods or services are readily
available without informing the consumer of the difference
in price and the reason for the difference;

(e) to charge a price for goods or services that is more than

10%, to a maximum of $100, higher than the estimate given
for those goods or services unless

(i) the consumer has expressly consented to the higher price

before the goods or services are supplied, or

(ii) if the consumer requires additional or different goods

and services, the consumer and the supplier agree to
amend the estimate in a consumer agreement;

(f) to charge a fee for an estimate for goods or services unless

the consumer

(i) is informed in advance that a fee will be charged and

informed of the amount of the fee, and

(ii) has expressly consented to be charged the fee.

(3) It is an unfair practice for a supplier

(a) to enter into a consumer transaction if the supplier knows or

ought to know that the consumer is unable to receive any
reasonable benefit from the goods or services;

(b) to enter into a consumer transaction if the supplier knows or

ought to know that there is no reasonable probability that the
consumer is able to pay the full price for the goods or
services;

(c) to include in a consumer transaction terms or conditions that

are harsh, oppressive or excessively one-sided;

(d) to make a representation that a consumer transaction

involves or does not involve rights, remedies or obligations
that is different from the fact.

(4) Without limiting subsections (2) and (3), the following are
unfair practices if they are directed at one or more consumers or
potential consumers:

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Section 6 CONSUMER PROTECTION ACT Chapter C-26.3

(a) a supplier’s doing or saying anything that might reasonably

deceive or mislead a consumer;

(b) a supplier’s misleading statement of opinion if the consumer

is likely to rely on that opinion to the consumer’s
disadvantage;

(c) a supplier’s representation that goods or services have

sponsorship, approval, performance, characteristics,
accessories, ingredients, quantities, components, uses,
benefits or other attributes that they do not have;

(d) a supplier’s representation that the supplier has a

sponsorship, approval, status, qualification, affiliation or
connection that the supplier does not have;

(e) a supplier’s representation that goods or services are of a

particular standard, quality, grade, style or model if they are
not;

(f) a supplier’s representation that goods have or have not been

used to an extent that is different from the fact;

(g) a supplier’s representation that goods are new if they are

used, deteriorated, altered or reconditioned;

(h) a supplier’s representation that goods have or do not have a

particular prior history or usage if that is different from the
fact;

(i) a supplier’s representation that goods or services are

available for a reason that is different from the fact;

(j) a supplier’s representation that goods or services have been

made available in accordance with a previous representation
if they have not;

(k) a supplier’s representation that the supplier can supply

goods or services if the supplier cannot;

(l) a supplier’s representation involving a voucher that another

supplier will provide goods or a service or will provide
goods or a service at a discounted or reduced price if the
first-mentioned supplier knows or ought to know that the
second-mentioned supplier will not;

(m) a supplier’s representation that goods are available in a

particular quantity if they are not;

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Section 6 CONSUMER PROTECTION ACT Chapter C-26.3

(n) a supplier’s representation that goods or services will be

supplied within a stated period if the supplier knows or
ought to know that they will not;

(o) a supplier’s representation that a specific price benefit or

advantage exists if it does not;

(p) a supplier’s representation that a part, replacement, repair or

adjustment is needed or desirable if it is not;

(q) a supplier’s representation that the supplier is requesting

information, conducting a survey or making a solicitation
for a particular purpose if that is not the case;

(r) a supplier’s representation that a person does or does not

have the authority to negotiate the terms of a consumer
transaction if the representation is different from the fact;

(s) when the price of any part of goods or services is given in

any representation by a supplier,

(i) failure to give the total price of the goods or services, or

(ii) giving less prominence to the total price of the goods or

services than to the price of the part;

(t) when the amount of any instalment to be paid in respect of

goods or services is given in any representation by a
supplier,

(i) failure to give the total price of the goods or services, or

(ii) giving less prominence to the total price of the goods

and services than to the amount of the instalment;

(t.1) a supplier’s representation regarding an agreement for

continuing provision of services if the supplier fails to
provide prominent and full disclosure of the details of the
agreement, including duration, changes in price, renewals,
extensions or amendments, or if the supplier fails to obtain
the consumer’s express consent to renewals, extensions or
amendments of the agreement;

(u) a supplier’s giving an estimate of the price of goods or

services if the goods or services cannot be provided for that
price;

(v) a supplier’s representation of the price of goods or services

in such a way that a consumer might reasonably believe that

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Section 7 CONSUMER PROTECTION ACT Chapter C-26.3

the price refers to a larger package of goods or services than

is the case;

(w) a supplier’s representation that a consumer will obtain a

benefit for helping the supplier to find other potential
customers if it is unlikely that the consumer will obtain such
a benefit;

(x) a supplier’s representation about the performance, capability

or length of life of goods or services unless

(i) the representation is based on adequate and proper

independent testing that was done before the
representation is made,

(ii) the testing substantiates the claim, and

(iii) the representation accurately and fairly reflects the

results of the testing;

(y) a supplier’s representation that goods or services are

available at an advantageous price if reasonable quantities of
them are not available at such a price, unless it is made clear
that quantities are limited;

(z) a supplier’s representation that appears in an objective form

such as an editorial, documentary or scientific report when
the representation is primarily made to sell goods or
services, unless the representation states that it is an
advertisement or promotion;

(aa) anything specified in the regulations.

RSA 2000 cF-2 s6;2005 c9 s5;2018 c11 s7

Cancelling agreement
7(1) A consumer may cancel at no cost or penalty to the consumer
a consumer transaction, whether written or oral, that was entered
into by the consumer and a supplier who engaged in an unfair
practice regarding the consumer transaction, whether the unfair
practice occurred before, during or after the time when the
consumer transaction was entered into, and in addition the
consumer is entitled to any remedy that is available at law,
including damages.

(2) Where a supplier has been found to have engaged in an unfair

practice, any consumer who entered into a consumer transaction
that was subject to the unfair practice with the supplier who
engaged in the unfair practice may cancel the consumer transaction
at no cost or penalty to the consumer.

19
 RSA 2000
Section 7.1 CONSUMER PROTECTION ACT Chapter C-26.3

(3) A consumer is entitled to recover the amount by which the

consumer’s payment under the consumer transaction exceeds the
value of the goods or services to the consumer, or to recover
damages, or both, if cancellation of the consumer transaction under
subsection (1) or (2) is not possible because

(a) the return or restitution of the goods or cancellation of the

services is no longer possible, or

(b) cancellation would deprive a third party of a right in the

subject-matter of the consumer transaction that the third
party has acquired in good faith and for value.

(4) When a consumer cancels a consumer transaction under

subsection (1) or (2), the cancellation operates to cancel, as if they
never existed,

(a) the consumer transaction,

(b) all related consumer transactions,

(c) all guarantees given in respect of money payable under the

consumer transaction,

(d) all security given by the consumer or a guarantor in respect

of money payable under the consumer transaction, and

(e) all credit agreements and other payment instruments,

including promissory notes,

(i) extended, arranged or facilitated by the supplier with

whom the consumer made the consumer transaction, or

(ii) otherwise related to the consumer transaction.

RSA 2000 cF-2 s7;2005 c9 s6

Notice
7.1(1) A consumer must give notice within one year of a supplier
having been found to have engaged in an unfair practice related to a
consumer transaction if

(a) the consumer wishes to cancel the consumer transaction

under section 7(1) or (2), or

(b) the consumer seeks recovery under section 7(3), if

cancellation is not possible.

(2) A consumer may give notice in any manner as long as the

notice indicates

20
 RSA 2000
Section 7.2 CONSUMER PROTECTION ACT Chapter C-26.3

(a) the consumer’s intention

(i) to cancel the consumer transaction, or

(ii) to seek recovery if cancellation is not possible,

and

(b) the consumer’s reasons for taking the actions set out in
clause (a),

and meets any requirements that may be prescribed.

(3) Notice may be delivered by any means, but if notice is

delivered other than by personal service it is deemed to have been
given when sent.

(4) The consumer may send or deliver the notice to the supplier
with whom the consumer entered into the consumer transaction at
the address set out in an agreement under the consumer transaction
or, if the consumer did not receive a written copy of the agreement
or if the address of the supplier was not set out in the agreement,
the consumer may send or deliver the notice

(a) to any address of the supplier on record with the

Government of Alberta, or

(b) to an address of the supplier known to the consumer.

(5) If a consumer has delivered notice and has not received a

satisfactory response within the prescribed period, the consumer
may commence an action in the Court of Queen’s Bench.
2005 c9 s6

Powers of Court
7.2(1) In an action commenced under this Division, the Court of
Queen’s Bench may award exemplary or punitive damages in
addition to any other remedy the Court considers proper.

(2) In the trial of an issue under this Division, oral evidence

respecting an unfair practice is admissible despite the existence of a
written agreement under the consumer transaction and despite the
fact that the oral evidence pertains to a representation in respect of
a term, condition or undertaking that is not provided for in the
agreement.

21
 RSA 2000
Section 7.3 CONSUMER PROTECTION ACT Chapter C-26.3

(3) The Court of Queen’s Bench may disregard the requirement

that the consumer give notice under section 7.1 or any requirement
relating to the notice if the Court considers that it is in the interest
of justice to do so.
2005 c9 s6

Liability
7.3(1) Each person who engages in an unfair practice is jointly and
severally liable with the supplier who entered into a consumer
transaction that was subject to the unfair practice with a consumer
for any amount to which the consumer is entitled under section 7 or
7.2.

(2) If an agreement under a consumer transaction to which section

7 applies has been assigned, or if any right to payment under such a
consumer transaction has been assigned, the liability of the person
to whom it has been assigned is limited to the amount paid to that
person by the consumer.
2005 c9 s6

Provincial Court
7.4(1) Subject to the jurisdiction of the Provincial Court, an action
under section 7.1(5) may be commenced under Part 4 of the
Provincial Court Act and the regulations under that Act.

(2) Section 18 does not apply to an action commenced under this

section.
2005 c9 s6;2015 c12 s10

Time of occurrence
8 An unfair practice may occur before, during or after a consumer
transaction, and is an unfair practice for all the purposes of this Part
even if no consumer transaction is entered into or concluded.
1998 cF-1.05 s8

Advertising
9(1) No advertiser may print, publish, distribute, broadcast or
telecast a supplier’s advertisement for goods or a service if the
advertisement contains an unfair practice.

(2) Subsection (1) does not apply to an advertiser who prints,

publishes, distributes, broadcasts or telecasts a supplier’s
advertisement in good faith and in the ordinary course of business.
1998 cF-1.05 s9

Trust accounts
10 Every supplier must comply with the requirements respecting
trust accounts established by the regulations under section 143.
1998 cF-1.05 s10

22
 RSA 2000
Section 11 CONSUMER PROTECTION ACT Chapter C-26.3

Information in representations
11 If a regulation is made pursuant to section 12(d), every
supplier who makes a representation to which the regulation
applies must ensure that the representation contains the information
prescribed by the regulation.
1998 cF-1.05 s11

Regulations
12 The Minister may make regulations

(a) specifying unfair practices to which this Part applies;

(b) specifying activities or things to be unfair practices;

(c) respecting the records to be maintained by an advertiser,

including where the records are to be maintained and the
time period for which they must be maintained;

(d) prescribing information that must be given in a

representation made by a supplier or class of supplier in
respect of any consumer transaction or class of consumer
transaction;

(e) prescribing requirements for notice that must be given by a

consumer for the purpose of cancelling a consumer
transaction or seeking recovery under section 7;

(f) prescribing the period for a supplier to respond to notice

given by a consumer under section 7.1.
RSA 2000 cF-2 s12;2005 c9 s7

Division 2
Civil Remedies Against Suppliers
Court action by consumer
13(1) When a consumer

(a) has entered into a consumer transaction, and

(b) in respect of that consumer transaction, has suffered damage

or loss due to an unfair practice,

that consumer may commence an action in the Court of Queen’s

Bench for relief from that damage or loss against any supplier or
any principal, director, manager, employee or agent of a supplier
who engaged in or acquiesced in the unfair practice that caused that
damage or loss.

(2) In an action under this section, the Court of Queen’s Bench

may

23
 RSA 2000
Section 14 CONSUMER PROTECTION ACT Chapter C-26.3

(a) declare that the practice is an unfair practice;

(b) award damages for damage or loss suffered;

(c) award punitive or exemplary damages;

(d) make an order for

(i) specific performance of the consumer transaction,

(ii) restitution of property or funds, or

(iii) rescission of the consumer transaction;

(e) grant an order in the nature of an injunction restraining the

supplier from engaging in the unfair practice;

(f) make any directions and grant any other relief the Court
considers proper.

(3) In determining whether to grant any relief under this section

and the nature and extent of the relief, the Court of Queen’s Bench
must consider whether the consumer made a reasonable effort to
minimize any damage resulting from the unfair practice and to
resolve the dispute with the supplier before commencing the action
in the Court.

(4) The Court of Queen’s Bench may award costs in accordance

with the Alberta Rules of Court.
RSA 2000 cF-2 s13;2005 c9 s8;2009 c53 s64

Provincial Court
14(1) Subject to the jurisdiction of the Provincial Court, an action
under section 13(1) may be commenced under Part 4 of the
Provincial Court Act.

(2) Section 18 does not apply to an action commenced under this

section.
1998 cF-1.05 s14

Actions by the Director on behalf of consumers

15(1) Subject to this section, the Director may, when in the
opinion of the Director it is in the public interest to do so,

(a) commence and maintain an action under section 13 if a

consumer has a cause of action under that section,

(b) maintain an action under section 13 after it has been

commenced, or

24
 RSA 2000
Section 16 CONSUMER PROTECTION ACT Chapter C-26.3

(c) bring and maintain an appeal of an action under section 13.

(2) When, pursuant to subsection (1), the Director brings or

maintains an action or an appeal under section 13, the Director
must do so in the name of and on behalf of that consumer, and the
Director is entitled to take the same steps in and have the same
control over the action or appeal, including the right to settle the
action or appeal or any part of it, that the consumer would have had
in respect of that action or appeal.

(3) The Director may not bring or maintain an action or an appeal

under this section without first obtaining the written consent of the
consumer in whose name the action is brought.

(4) On the consumer’s giving written consent, the Director may,

without consulting or seeking any further consent of the consumer,
conduct the action or appeal in any manner the Director considers
appropriate.

(5) In an action or appeal commenced, brought or maintained by

the Director pursuant to subsection (1),

(a) any money recovered, excluding costs of the action or

appeal, must be paid to the consumer;

(b) any money payable by the consumer, excluding costs of the

action or appeal, is not recoverable from the Director or the
Government;

(c) the costs of the action or appeal are to be paid to or borne by

the Government.

(6) Nothing in this section abrogates or restricts any right of set-off

that a person has or may have against a consumer on whose behalf
the Director is acting under this section.

(7) When the Director, while acting on behalf of a consumer under

this section, releases a supplier from a liability or an obligation
arising out of the cause of action, that release extinguishes the
claim to the liability or obligation referred to in that release that the
consumer may have against that supplier.
1998 cF-1.05 s15

Arbitration clause, agreement

16(1) Subject to subsection (3), a supplier shall not enforce an
arbitration clause in a consumer transaction or an arbitration
agreement with a consumer.

25
 RSA 2000
Section 17 CONSUMER PROTECTION ACT Chapter C-26.3

(2) Subject to subsection (3), an arbitration clause in a consumer

transaction or an arbitration agreement with a consumer is void and
unenforceable.

(3) Subsections (1) and (2) do not apply in respect of

(a) an arbitration agreement voluntarily entered into between a

supplier and a consumer after a dispute has arisen, or

(b) an arbitration agreement or an arbitration clause in a

consumer transaction if the agreement or clause allows the
consumer to decide, after a dispute has arisen, whether the
consumer will use arbitration or an action in court to resolve
the dispute.
RSA 2000 cF-2 s16;2017 c18 s1(9)

Court action by consumer organizations

17(1) A consumer organization or a group of consumers may
commence and maintain an action in the Court of Queen’s Bench
against a supplier or any principal, director, manager, employee or
agent of a supplier who is engaging in or has engaged in an unfair
practice.

(2) In an action under this section, the Court of Queen’s Bench

may

(a) make an order declaring that the act or practice is an unfair

practice, and

(b) grant an order in the nature of an injunction restraining the

supplier or any principal, director, manager, employee or
agent of the supplier from engaging in the unfair practice.

(3) A consumer organization bringing an action under this section

is not required to have an interest in or be affected by the matter in
issue in order to commence and maintain the action.

(4) When an action is commenced under this section, the Court of

Queen’s Bench may order the consumer organization that
commenced the action to furnish security for costs in any amount
the Court considers proper.
RSA 2000 cF-2 s17;2005 c9 s9

Director to be notified
18(1) A party that commences an action under section 13 or 17
must serve the Director with a copy of the statement of claim.

(2) The party commencing the action may not take the next step in
the action until the Director has been served under subsection (1).

26
 RSA 2000
Section 19 CONSUMER PROTECTION ACT Chapter C-26.3

(3) On being served under subsection (1), the Director may, on

notice to all parties to the action, make application to the Court to
be added as a party and on the making of the order the Director
may take any of the steps under section 15.
1998 cF-1.05 s18

Advertisement of judicial decision

19(1) When a court grants relief under section 13, 15 or 17, the
court may make a further order requiring the supplier to advertise
to the public the particulars of any order, judgment or other relief
granted by the court.

(2) In making an order under subsection (1), the court may

prescribe

(a) the methods of making the advertisement so that it will

assure prompt and reasonable communication to consumers;

(b) the contents or form, or both, of the advertisement;

(c) the number of times the advertisement is to be made;

(d) any other conditions the court considers proper.

1998 cF-1.05 s19

Division 3
Negative Option Practices
Definition
20 In this Division, “negative option practice” means a consumer
transaction in which a supplier

(a) provides goods or services to a consumer, including the

enhancement of a service that a consumer is already
receiving, that the consumer did not request, and

(b) requires the consumer to pay for the goods or services

unless the consumer informs the supplier that the consumer
does not want the goods or services.
1998 cF-1.05 s20

Application
21 This Division applies to a negative option practice if

(a) the supplier or consumer is a resident of Alberta, or

(b) the goods or services are provided from or received in

Alberta.
1998 cF-1.05 s21

27
 RSA 2000
Section 22 CONSUMER PROTECTION ACT Chapter C-26.3

No consumer liability
22 A consumer is not liable to pay for any goods or services
received under a negative option practice.
RSA 2000 cF-2 s22;2005 c9 s10

Negative option practices prohibited

23 No supplier may supply goods or services to a consumer
through a negative option practice.
1998 cF-1.05 s23

Part 3
Cancellation of Direct Sales
Contracts and Time Share Contracts
Definitions
24 In this Part,

(a) “commencement date” means the date a supplier of a

prepaid or direct sales contract begins tangible or
identifiable service at the location specified in the contract;

(a.1) “direct sales contract” means a consumer transaction that is

a contract, other than a time share contract, in which

(i) the consideration for the goods or services exceeds an

amount specified in the regulations, and

(ii) the contract is negotiated or concluded in person at a

place other than the supplier’s place of business or at a
place other than a market place, auction, trade fair,
agricultural fair or exhibition,

and includes an offer to buy goods or services or to enter

into a contract mentioned in subclause (i) or (ii);

(b) “trade-in allowance” means the greater of

(i) the price or value of the consumer’s goods as set out in a

trade-in arrangement, or

(ii) the market value of the consumer’s goods when taken in

trade under a trade-in arrangement;

28
 RSA 2000
Section 25 CONSUMER PROTECTION ACT Chapter C-26.3

(c) “trade-in arrangement” means an agreement or arrangement,

contained in a direct sales contract or forming the whole or
part of a related agreement, under which the consumer sells
or agrees to sell the consumer’s own goods to the supplier or
any other person and the goods are accepted as the whole or
part of the consideration under the direct sales contract.
RSA 2000 cF-2 s24;2005 c9 s11

Application
25(1) This Part applies to the following direct sales contracts and
time share contracts:

(a) a contract in which the supplier or consumer is a resident of

Alberta;

(b) a contract in which the offer or acceptance is made in or is

sent from Alberta;

(c) a contract specified in the regulations.

(2) This Part or a Division of this Part does not apply to classes of
business exempted in the regulations.

(3) The Minister may make regulations for the purposes of

subsections (1)(c) and (2).
RSA 2000 cF-2 s25;2005 c9 s12

Division 1
Direct Sales Contracts
Salesperson’s representations
26 An oral or written representation, statement or undertaking,
whether constituting a condition or warranty or not, made to a
consumer by a salesperson with respect to goods covered by a
direct sales contract or a related sale is deemed to have been made
by the salesperson as agent of the supplier, but nothing in this
section exonerates any person from any liability to which the
person would be subject apart from this section.
1998 cF-1.05 s26

Absolute cancellation right

27 A consumer may, without any reason, cancel a direct sales
contract at any time from the date the sales contract is entered into
until, subject to the regulations, 10 days after the consumer receives
a copy of the written sales contract.
1998 cF-1.05 s27

29
 RSA 2000
Section 28 CONSUMER PROTECTION ACT Chapter C-26.3

Extended cancellation in certain circumstances

28(1) In addition to the right of cancellation under section 27, a
consumer may cancel a direct sales contract in the circumstances
set out in this section.

(2) A consumer may cancel a direct sales contract within one year
from the date the direct sales contract is entered into,

(a) if the supplier was required to be licensed under Part 10 and

was not licensed at the time the direct sales contract was
concluded, or

(b) if the direct sales contract does not include all the
information required under section 35.

(3) A consumer may cancel a direct sales contract within one year
from the date the direct sales contract is entered into if the supplier

(a) does not deliver the goods within 30 days from the delivery
date specified in the direct sales contract or an amended
delivery date agreed on in writing by the consumer and the
supplier, or

(b) does not begin the services within 30 days from the
commencement date specified in the direct sales contract or
an amended commencement date agreed on in writing by
the consumer and the supplier.

(4) If, after the period mentioned in subsection (3) has expired, the
consumer accepts delivery of the goods or the consumer authorizes
the services to begin, the consumer may not cancel the direct sales
contract pursuant to subsection (3).

(5) Subject to subsection (6), a consumer may cancel a direct sales

contract in which the goods purchased are a voucher if, within one
year from the date that the direct sales contract is entered into or
within the date specified in the voucher for exercising the rights
granted by the voucher, whichever occurs first, the supplier that is
to provide the goods or services under the voucher or is to provide
goods or services at a discounted or reduced price under the
voucher

(a) refuses to do so for a reason that is not specified in the

voucher, or

(b) no longer exists.

30
 RSA 2000
Section 29 CONSUMER PROTECTION ACT Chapter C-26.3

(6) Subsection (5) does not apply to a direct sales contract in

which the goods purchased are a voucher if the consumer has
received

(a) goods or services under the voucher having a value that is at

least the price paid for the voucher,

(b) discounts or price reductions under the voucher having a

value that is at least the price paid for the voucher, or

(c) a combination of the values referred to in clauses (a) and (b)

that is at least the price paid for the voucher.
1998 cF-1.05 s28

Method of cancellation
29(1) A direct sales contract is cancelled on the giving of a notice
of cancellation in accordance with this section.

(2) A notice of cancellation may be expressed in any way as long

as it indicates the intention of the consumer to cancel the direct
sales contract.

(3) The notice of cancellation may be given by any means,

including, but not limited to, personal service, registered mail,
courier or telecopier or by any other method, including orally, by
which the consumer can provide evidence of the date that the
consumer cancelled the direct sales contract.

(4) Where the notice is given other than by personal service or

orally, the notice of cancellation is deemed to be given when sent.

(5) The notice of cancellation may be sent or delivered to the

supplier at the address set out in the direct sales contract or, if the
consumer did not receive a copy of the direct sales contract or the
address of the supplier was not set out in the direct sales contract,
the consumer may send or deliver the cancellation notice

(a) to any address of the supplier on record with the

Government of Alberta,

(b) to an address of the supplier known by the consumer, or

(c) to the salesperson of the supplier at an address known by the

consumer.

31
 RSA 2000
Section 30 CONSUMER PROTECTION ACT Chapter C-26.3

(6) If the consumer is unable to find an address referred to in

subsection (5), the consumer may send or deliver the notice to any
office of the consumer services division of the department whose
Minister is responsible for this Act or to any other place designated
by the regulations.
RSA 2000 cF-2 s29;2005 c9 s13

Effect of cancellation of contract

30(1) A cancellation of a direct sales contract in accordance with
this Division operates

(a) to cancel the direct sales contract, or

(b) when the direct sales contract is an offer to buy, to withdraw

the offer,

as if the direct sales contract never existed.

(2) A cancellation of a direct sales contract in accordance with this

Division also operates to cancel

(a) any related sale,

(b) any guarantee given in respect of money payable under the

direct sales contract, and

(c) any security given by the consumer or a guarantor in respect

of money payable under the direct sales contract,

as if it never existed.

(3) Where credit is extended or arranged by the supplier, the credit

contract is conditional on the direct sales contract whether or not
the credit contract is a part of or attached to the direct sales
contract, and if the direct sales contract is cancelled, that
cancellation has the effect of cancelling the credit contract as if the
direct sales contract had never existed.
1998 cF-1.05 s30

Responsibilities on cancellation
31(1) In this section,

(a) “authorized person” means

(i) the supplier,

(ii) the person for the time being entitled to possession of the
goods, or

32
 RSA 2000
Section 31 CONSUMER PROTECTION ACT Chapter C-26.3

(iii) a person specified in the direct sales contract as a person

to whom a notice of cancellation may be given;

(b) “consumer’s premises” means the place specified in the

sales contract as the consumer’s address or, if the address
shown does not specifically identify that place by a
municipal address, land description or other description
sufficient to distinguish that place from any other, the place
where the consumer actually resided at the time the sales
contract was made.

(2) Within 15 days after a direct sales contract is cancelled, the

supplier must refund to the consumer all money paid by the
consumer and return to the consumer’s premises any trade-in or an
amount equal to the trade-in allowance.

(3) In the case of a direct sales contract for goods, the consumer
must, on receiving the refund and return of the trade-in or an
amount equal to the trade-in allowance, return the goods to the
supplier.

(4) Where a direct sales contract has been cancelled but the
consumer solicited the services of a supplier and requested that the
service be provided within 10 days from the date that the direct
sales contract was entered into, the supplier is entitled to reasonable
compensation for the services performed by the supplier, but the
supplier’s rights under this subsection do not arise until the supplier
complies with subsection (2).

(5) When a notice of cancellation is given in accordance with

section 29, the consumer must return to an authorized person goods
that came into the consumer’s possession under the direct sales
contract or a related sale or pre-existing contract if an authorized
person gives the consumer a written request that is signed or
purports to be signed by or on behalf of the supplier, but the
obligation of the consumer under this subsection is subject to any
lien or right to retain the goods that the consumer may have under
section 32 and the consumer’s right to enforce the lien.

(6) The consumer may

(a) return the goods to an authorized person or to a person

designated for the purpose by an authorized person, at a
place elsewhere than at the consumer’s premises, or

(b) return the goods at the consumer’s expense to the supplier or

to a person specified in the direct sales contract as a person
to whom a notice of cancellation may be given.

33
 RSA 2000
Section 32 CONSUMER PROTECTION ACT Chapter C-26.3

(7) A return of the goods in accordance with subsection (5) or (6)

is deemed to be made with the consent of the supplier or, if the
supplier is not entitled to possession of the goods, with the consent
of the person so entitled, and operates to discharge the consumer
from any obligation to retain the goods or deliver them to the
person so entitled.

(8) The consumer is under an obligation to take reasonable care of

goods delivered to the consumer under a direct sales contract or
related agreement until

(a) the return of the goods in accordance with subsection (5) or

(6), or

(b) the expiration of the period of 21 days after the giving of the
notice of cancellation,

whichever event occurs first, and if the consumer sends the goods
to the supplier or other person in accordance with subsection (6)(b),
the consumer is under an obligation to take reasonable care to see
that they are received by the person to whom they are sent and are
not damaged in transit.

(9) Any obligation under subsection (8) is owed to the person for
the time being entitled to possession of the goods and any breach of
that obligation is actionable, at the suit of that person, as a breach
of statutory duty.

(10) The consumer is under no obligation under this section to

return the goods elsewhere than at the consumer’s premises.

(11) Except as provided by this section, the consumer is not under

any obligation, whether arising by contract or otherwise, to take
care of the goods.
1998 cF-1.05 s31

Consumer’s right to retain goods

32 When a notice of cancellation is served in accordance with
section 29, the consumer is entitled to retain possession of goods
delivered to the consumer under a direct sales contract, related sale
or pre-existing contract

(a) until all money paid under the direct sales contract, related
sale or pre-existing contract is refunded, and

(b) in the case of a trade-in arrangement, until either

(i) the goods delivered by the consumer under the trade-in

arrangement are returned to the consumer in a condition

34
 RSA 2000
Section 33 CONSUMER PROTECTION ACT Chapter C-26.3

substantially the same as when they were delivered by

the consumer, or

(ii) a sum equal to the trade-in allowance is paid to the

consumer,

and the consumer, while in possession, has a lien on those goods

for any money so owing to the consumer.
1998 cF-1.05 s32

Recovery of refund and trade-in allowance

33(1) If the supplier fails to refund to the consumer all money paid
under the direct sales contract, any related sale and any pre-existing
contract under section 31, the consumer may recover that money
from the supplier.

(2) In the case of a trade-in arrangement, unless

(a) the supplier returns the consumer’s goods to the consumer

in accordance with section 31(1), and

(b) the goods are then in a condition substantially the same as

when they were delivered by the consumer,

the consumer may recover from the supplier an amount equal to the
trade-in allowance for the goods.

(3) An amount recoverable under subsection (1) or (2) may be

recovered as a simple contract debt.

(4) When the consumer recovers an amount equal to the trade-in

allowance, then, if the title of the consumer to goods delivered by
the consumer under the trade-in arrangement did not pass from the
consumer, the title vests in the person entitled to the title under the
trade-in arrangement.
1998 cF-1.05 s33

Proceeds of bond
34 When, pursuant to regulations under Part 13, the proceeds of a
security are used for the benefit of consumers who have not
recovered money owing to them following the cancellation of
direct sales contracts, any money paid to a consumer from the
proceeds of the security is deemed to have been recovered from the
supplier.
1998 cF-1.05 s34

Contents of sales contract

35 A written direct sales contract must include

(a) the consumer’s name and address;

35
 RSA 2000
Section 36 CONSUMER PROTECTION ACT Chapter C-26.3

(b) the supplier’s name, business address, telephone number

and, where applicable, fax number;

(c) where applicable, the salesperson’s name;

(d) the date and place at which the direct sales contract is
entered into;

(e) a description of the goods or services, sufficient to identify

them;

(f) a statement of cancellation rights that conforms with the

requirements set out in the regulations;

(g) the itemized price of the goods or services, or both;

(h) the total amount of the direct sales contract;

(i) the terms of payment;

(j) in the case of a sales contract for the future delivery of

goods, future provision of services or future delivery of
goods together with services, the delivery date for the goods
or commencement date for the services, or both;

(k) in the case of a sales contract for the future provision of

services or the delivery of goods together with services, the
completion date for providing the services or the goods
together with services;

(l) where credit is extended,

(i) a statement of any security taken for payment, and

(ii) the disclosure statement required under Part 9;

(m) where there is a trade-in arrangement, a description of and

the value of the trade-in;

(n) the signatures of the consumer and the supplier.

RSA 2000 cF-2 s35;2005 c9 s14

Regulations
36 The Minister may make regulations

(a) specifying amounts for the purposes of section 24(a.1)(i);

(b) respecting the form and contents of the statement of

cancellation rights that must be included in a direct sales
contract and the form of the contract;

36
 RSA 2000
Section 37 CONSUMER PROTECTION ACT Chapter C-26.3

(c) designating places where notices of cancellation may be sent

or delivered for the purposes of section 29.
RSA 2000 cF-2 s36;2005 c9 s15

Division 2
Time Share Contracts
Absolute cancellation right
37(1) A consumer may, without any reason, cancel a time share
contract at any time from the date the contract is entered into until
10 days after the consumer receives a copy of the contract.

(2) In addition to the right of cancellation under subsection (1), a

consumer may cancel a time share contract within one year from
the date the contract is entered into if the time share contract does
not set out

(a) the consumer’s right of cancellation under subsection (1), or

(b) the consumer’s right to receive a refund of money paid

under section 39.
RSA 2000 cF-2 s37;2005 c9 s16

Method of cancellation
38 A time share contract is cancelled on the giving of a notice of
cancellation in accordance with the regulations.
1998 cF-1.05 s38

Responsibilities on cancellation
39(1) Within 15 days after a time share contract is cancelled, the
supplier must refund to the consumer all money paid by the
consumer.

(2) Where a time share contract has been cancelled and the
consumer has used the property under the time share contract, the
supplier is entitled to reasonable compensation for the use of the
property, but the supplier’s rights under this section do not arise
until the supplier complies with subsection (1).
1998 cF-1.05 s39

Recovery of refund
40 If the supplier fails to refund to the consumer all money paid
under the time share contract under section 39, the consumer may
recover the money from the supplier as a simple contract debt.
1998 cF-1.05 s40

Regulations
41 The Minister may make regulations

(a) respecting the form and contents of time share contracts;

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 RSA 2000
Section 42 CONSUMER PROTECTION ACT Chapter C-26.3

(b) respecting the giving of a notice of cancellation of a time

share contract, including specifying when notice is deemed
to be received.
1998 cF-1.05 s41

Part 4
Marketing Through Electronic Media
Regulations
42(1) The Minister may make regulations respecting the
marketing of goods and services through forms of electronic media,
such as telephone, television, fax, e-mail or the Internet, that are
specified in the regulations.

(2) Without limiting subsection (1), the Minister may make

regulations

(a) specifying the forms of electronic media and the types of

marketing to which the regulation applies;

(b) regulating and prohibiting specified activities involved in

marketing of goods and services through electronic media;

(c) setting out the rights and remedies of consumers who enter
into consumer transactions wholly or partly through a form
of electronic media.
RSA 2000 cF-2 s42;2005 c9 s17

Part 5
Credit and Personal Reports
Definitions
43 In this Part,

(a) “credit information” means information about an

individual’s name, age and place of residence and other
information prescribed in the regulations;

(b) “file”, when used as a noun, means all of the information

pertaining to an individual that is recorded and retained by a
reporting agency, regardless of the manner or form in which
the information is stored;

(c) “personal information” means information other than credit

information about an individual’s character, reputation,
health, physical or personal characteristics or mode of living
or about any other matter concerning the individual;

38
 RSA 2000
Section 44 CONSUMER PROTECTION ACT Chapter C-26.3

(d) “report” means a written, oral or other communication of

credit or personal information of a type, or made in a
manner, specified in the regulations;

(e) “reporting agency” means a person who carries on the

activity of furnishing reports as prescribed in the
regulations.
RSA 2000 cF-2 s43;2002 cA-4.5 s34;2005 c9 s18

Furnishing reports
44(1) A reporting agency, and an officer, agent or employee of a
reporting agency, may furnish a report to a person only in the
following circumstances:

(a) if there are reasonable grounds to believe that the person

intends to use the information in the report

(i) in connection with the extension of credit to the

individual to whom the report pertains, with the
individual’s express consent,

(i.1) in connection with the collection of a debt from the

individual to whom the report pertains,

(ii) in connection with the entering into or the renewal of a

tenancy agreement by the individual to whom the report
pertains with the individual’s express consent,

(iii) for employment purposes, with the express consent of

the individual to whom the report pertains,

(iv) in connection with the underwriting of insurance

involving the individual to whom the report pertains,
with the individual’s express consent, or

(v) to determine the eligibility of an individual to whom the

report pertains under a law, if the information is relevant
to the eligibility requirement;

(b) if there are reasonable grounds to believe that the person has
a direct business requirement for information in the report as
a result of a business transaction respecting the individual to
whom the report pertains with the individual’s express
consent;

(c) if the report is furnished to the Director or an inspector, the

government of Canada or of a province or territory, a
municipality in Canada or any of their agencies;

39
 RSA 2000
Section 45 CONSUMER PROTECTION ACT Chapter C-26.3

(d) if the person is the individual to whom the report pertains or

if the person has the express consent of the individual to
obtain the report;

(e) in response to the order of a court;

(f) in circumstances specified in the regulations.

(2) No person may obtain a report from a reporting agency except

in the circumstances referred to in subsection (1).

(2.1) The express consent of an individual referred to in subsection

(1) must be in a verifiable form, including but not limited to writing
and audio recordings.

(3) Despite subsections (1) and (2), a reporting agency may sell,
lease or transfer title to all or part of its files to another reporting
agency.
RSA 2000 cF-2 s44;2005 c9 s19

Contents of reports
45(1) Every reporting agency must adopt all reasonable
procedures to ensure accuracy and fairness in the contents of its
reports.

(2) A reporting agency must meet the requirements respecting the

contents of reports that are prescribed in the regulations.

(3) Repealed 2005 c9 s20.

RSA 2000 cF-2 s45;2005 c9 s20

46 Repealed 2005 c9 s21.

Explanation by individual
47(1) An individual may deliver to a reporting agency an
explanation or additional information, in writing as prescribed in
the regulations, about the circumstances surrounding any item of
information referring to the individual in the individual’s file, and
the reporting agency must maintain the explanation or additional
information in the file accompanying the item and include it in any
report given containing the item.

(2) An individual who has delivered an explanation or additional

information written by the individual to a reporting agency may
have the explanation or additional information removed from the
individual’s file by delivering a written request for removal to the
reporting agency.

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 RSA 2000
Section 49 CONSUMER PROTECTION ACT Chapter C-26.3

(3) A reporting agency must remove the explanation or additional

information from an individual’s file within 45 days of receiving a
request under subsection (2).
RSA 2000 cF-2 s47;2005 c9 s22

48 Repealed 2005 c9 s23.

False information
49 No person may give false or misleading information to a
reporting agency.
1998 cF-1.05 s49

Civil remedy
50(1) If an individual has suffered loss, damage or inconvenience
as a result of a contravention of this Part or the regulations made
under this Part, the individual has a cause of action against the
person who contravened this Part or the regulations made under
this Part and is entitled, if the court finds the individual has
suffered loss, damage or inconvenience, to a judgment for the
damages suffered.

(2) In this section, “court” includes the Provincial Court, even

though a contravention may also constitute a libel or slander.
1998 cF-1.05 s50

Regulations
51 The Minister may make regulations

(a) designating persons as reporting agencies;

(b) requiring and governing the books, accounts and records to

be kept and maintained by reporting agencies;

(b.1) respecting security measures for the protection of the books,

accounts and records kept and maintained by reporting
agencies and for the disposal of the books, accounts and
records when they are no longer required;

(c) prescribing information that may not be reported by a

reporting agency or contained in its files;

(d) respecting fees that a reporting agency may charge an

individual before disclosing or supplying information to the
individual;

(e) respecting consumer credit repair services, including but not

limited to

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 RSA 2000
Section 51 CONSUMER PROTECTION ACT Chapter C-26.3

(i) defining “consumer credit repair services” and other

words or expressions applicable to the activity of
providing consumer credit repair services,

(ii) prescribing fees that may be charged for consumer credit

repair services,

(iii) prohibiting the requirement of advance payment for

consumer credit repair services,

(iv) prescribing requirements for consumer credit repair

service agreements,

(v) determining the grounds for cancellation of provisions of

consumer credit repair service agreements, and

(vi) determining what constitutes prohibited representations

in consumer credit repair service agreements;

(f) respecting those persons or individuals to whom a report

may or must be furnished;

(g) respecting requirements for the contents of reports,

including the kinds of information that reports may contain
and the kinds of information they must not contain;

(h) specifying the requirements for an explanation or additional

information to be provided by an individual under section
47;

(i) respecting the procedures for the correction of errors in an

individual’s file maintained by a reporting agency, including
the requirement to distribute the corrected information to
persons who were given reports based on the uncorrected
file;

(j) respecting the requirements for disclosure of information to

an individual;

(k) respecting alternative dispute resolution processes;

(l) defining words or terms, including restricting or broadening

the definitions set out in section 43;

(m) respecting identity theft, including but not limited to

regulations respecting

(i) definitions,

42
 RSA 2000
Section 52 CONSUMER PROTECTION ACT Chapter C-26.3

(ii) procedures to improve the accuracy and security of

consumer records,

(iii) consumer access to credit information,

(iv) consumer rights and remedies,

(v) procedures to be undertaken by suppliers and credit

reporting agencies,

(vi) regulation and prohibition of disclosure of information,

(vii) measures to assist investigations regarding identity theft,

and

(viii) fees and costs associated with corrections, notifications

and registration of warning notices by reporting agencies
on the files of individuals.
RSA 2000 cF-2 s51;2005 c9 s24

Part 6
Wage Assignments
Definitions
52 In this Part and Part 7,

(a) “lender” means a supplier who engages in the activity of

lending money or extending credit or who undertakes the
activity through assignment or purchase of the lender’s
interest, but does not include an employer who makes an
advance on wages to an employee;

(b) “wages” includes any salary, pay, overtime pay and other
remuneration for work or services however computed, but
does not include tips or other gratuities.
RSA 2000 cF-2 s52;2005 c9 s25

Assignments
53(1) Any assignment by any person of all or any part of the
person’s wages to secure the payment of an existing or future
indebtedness

(a) is against public policy and void if it is made in favour of a

lender;

(b) is unenforceable by a lender if it is originally made in favour

of a person other than a lender and is later acquired by a
lender.

43
 RSA 2000
Section 54 CONSUMER PROTECTION ACT Chapter C-26.3

(2) A lender or an officer, director, employee or agent of a lender

shall not attempt to induce a person to assign wages in favour of
the lender in contravention of subsection (1) or to enforce what
purports to be an assignment of wages in favour of or acquired by
the lender.
RSA 2000 cF-2 s53;2005 c9 s26

Part 7
Fees Charged by Loan Brokers
Charging and collecting fees
54(1) No loan broker may charge or collect a fee for assisting a
person to obtain personal or business credit until the person has
obtained access to the credit, unless the fee

(a) is paid directly to the loan broker by a credit grantor or

lender for a referral of business, or

(b) is for the purpose of obtaining a lease or leasing

arrangements.

(2) This section does not apply to fees charged by

(a) a loan broker who is authorized to deal as a mortgage broker

under the Real Estate Act if the loan is part of a mortgage as
defined in the Real Estate Act,

(b) a federal or provincial lender by virtue of the legislation

governing the lender, or

(c) a loan broker for performing other services for a person,

such as preparing or analysing business plans, budgets or
financial statements, if

(i) the fee or fees for the services are charged under a
separate contract from any services in connection with a
loan,

(ii) the separate contract contains a disclosure statement

about the fee or fees, and

(iii) the separate contract is provided to the person in writing

before payment of the fee is demanded.
RSA 2000 cF-2 s54;2005 c9 s27;2016 c18 s6

Regulations
54.1 The Minister may make regulations respecting the brokering
of loans, including but not limited to regulations respecting

(a) the requirements for contracts for the brokering of loans;

44
 RSA 2000
Section 55 CONSUMER PROTECTION ACT Chapter C-26.3

(b) prohibited practices in the brokering of loans;

(c) the size of loans to which this Part applies.

2005 c9 s27

Part 8
Consignment Sales, Mobile Homes
and Motor Fuel
Consignment sales
55(1) An agreement is deemed to contain the terms set out in the
regulations if

(a) the agreement is between an individual and another person

in which the person agrees to sell goods of the individual on
consignment, and

(b) the agreement falls within a class of agreement specified in

the regulations.

(2) Every person referred to in subsection (1) who agrees to sell

goods of an individual must ensure that the agreement meets the
requirements of the regulations.

(3) The Minister may make regulations

(a) specifying the classes of agreements to which this section

applies;

(b) setting out the terms that are deemed to be contained in one
or more classes of agreements to which this section applies;

(c) respecting the requirements that agreements to which this

section applies must meet;

(d) respecting the rights and remedies of the individual referred

to in subsection (1) if the terms of the agreement are not
met;

(e) requiring the person who agrees to sell goods of an

individual to deposit money that the person receives from
the sale of the goods into a trust account in the situations
described in the regulations;

(f) respecting the trust account referred to in clause (e),

including where the trust account may be established and
maintained and when the money must be deposited;

(g) respecting who is entitled to the money in the trust account

referred to in clause (e), the duties and responsibilities of the
45
 RSA 2000
Section 56 CONSUMER PROTECTION ACT Chapter C-26.3

trustee, the disbursement of funds from the trust account and

what happens if the person entitled to the money in the trust
account cannot be located;

(h) respecting the records to be kept respecting the trust account

referred to in clause (e), the period of time that those records
are to be maintained and the audit of the trust account.
1998 cF-1.05 s55

Mobile homes
56(1) No person may sell a new mobile home unless the mobile
home is constructed in accordance with the standards contained in
or referred to in the regulations.

(2) The Minister may make regulations respecting construction

standards for new mobile homes.
1998 cF-1.05 s56

Motor fuel
57(1) No person may sell motor fuel that does not meet the
requirements of the regulations.

(2) The Minister may make regulations

(a) defining “motor fuel” for the purposes of this section;

(b) respecting standards specifications for motor fuel or any

specified class of motor fuel;

(c) respecting the information to be furnished to a purchaser on

the sale of any motor fuel in respect of which a standards
specification is prescribed;

(d) respecting the grade, quality or specifications of motor fuel

to be sold in Alberta, and the securing of samples and the
methods of testing motor fuel;

(e) respecting advertising standards for selling motor fuel.

1998 cF-1.05 s57

Part 8.1
Ticket Sales and Resales
Definitions
57.1 In this Part,

(a) “primary seller” means a person other than a secondary

seller who is engaged in the business of making tickets
available for sale and includes, as applicable, the owner of
the place to which a ticket provides admission, the promoter

46
 RSA 2000
Section 57.2 CONSUMER PROTECTION ACT Chapter C-26.3

of the event occurring at that place and any agent of those

persons;

(b) “secondary seller” means a person who is engaged in the

business of making available for sale tickets that were
originally made available for sale by a primary seller;

(c) “secondary ticketing platform” means a website, online

service, electronic application, print publication or physical
location that facilitates the sale of tickets by providing ticket
sellers, other than primary sellers, with a method through
which to make their tickets available for sale;

(d) “ticket” means any card, paper, document or thing, whether

in electronic form or otherwise, that, on presentation,
entitles the holder to admission to a place for a recreational,
sporting or cultural event or other prescribed event, located
in Alberta;

(e) “ticket business” means a primary seller, a secondary seller

or an operator of a secondary ticketing platform;

(f) “ticket purchaser” means a person who participates as a

purchaser in a transaction involving the sale of a ticket.
2017 c18 s1(10)

Ticket refund by secondary seller, operator of

secondary ticketing platform
57.2 A secondary seller or an operator of a secondary ticketing
platform shall provide a full refund to a ticket purchaser in any of
the following circumstances:

(a) the event to which the ticket provides admission is cancelled

before the ticket can be used;

(b) the ticket does not grant the ticket purchaser admission to
the event for which it was issued;

(c) the ticket is counterfeit;

(d) the ticket does not match its description as advertised or as

represented to the ticket purchaser;

(e) the ticket has been cancelled by the primary seller under
section 57.3(4) because the ticket was purchased through the
use of software described in section 57.3(1).
2017 c18 s1(10)

47
 RSA 2000
Section 57.3 CONSUMER PROTECTION ACT Chapter C-26.3

Use of certain software

57.3(1) A person shall not use software, including automated
ticket purchasing software, intended to circumvent any of the
following on a website, online service or electronic application of a
ticket business:

(a) a security measure;

(b) an access-control system;

(c) a control or measure that is used to ensure an equitable

ticket-buying process;

(d) a control or measure that is used to limit the number of

tickets a person may purchase;

(e) a prescribed control, measure or system.

(2) Subsection (1) does not apply to the use of software that is
intended

(a) to investigate a contravention of this or any other Act or

law,

(b) to engage in research to identify and analyze flaws and

vulnerabilities of measures, systems or controls referred to
in subsection (1) for the purpose of advancing the state of
knowledge in the field of computer system security or
assisting in the development of a computer security product,
or

(c) for a prescribed research or educational purpose.

(3) No person shall knowingly make a ticket available for sale or

facilitate the sale of a ticket if the ticket was obtained through the
use of software described in subsection (1).

(4) A primary seller shall

(a) exercise reasonable diligence to detect the purchase of a

ticket through the use of software described in subsection
(1), and

(b) cancel any ticket the primary seller reasonably believes was
purchased from the primary seller through the use of
software described in subsection (1).
2017 c18 s1(10);2018 c11 s1

48
 RSA 2000
Section 57.4 CONSUMER PROTECTION ACT Chapter C-26.3

Court action re prohibited use of software

57.4(1) A ticket purchaser or ticket business that suffers damage
or loss as a result of a person’s contravention of section 57.3(1) or
(3) may commence an action in the Court of Queen’s Bench
against that person for relief from the damage or loss.

(2) In an action under this section, the Court may

(a) order restitution of any money or other consideration given

or furnished by the plaintiff,

(b) award the plaintiff damages in the amount of any loss

suffered because of the contravention, including exemplary
or punitive damages,

(c) grant an injunction restraining the defendant from

continuing to contravene the provision,

(d) make an order of specific performance against the

defendant, or

(e) make any other order the Court considers appropriate.

(3) An order under subsection (2)(b) for exemplary or punitive

damages may not be made if the defendant took reasonable
precautions and exercised due diligence to avoid contravening the
provision.
2017 c18 s1(10)

Provincial Court
57.5 Subject to the jurisdiction of the Provincial Court, an action
under section 57.4 may be commenced under Part 4 of the
Provincial Court Act.
2017 c18 s1(10)

Regulations
57.6 The Minister may make regulations respecting ticket sales or
resales, including, without limitation, regulations

(a) respecting damages for the purposes of section 57.4(2);

(b) respecting the exemption of a secondary seller or an

operator of a secondary ticketing platform or a class of
secondary sellers or a class of operators of secondary
ticketing platforms from the application of all or part of
section 57.2;

(c) respecting the exemption of a primary seller or a class of

primary sellers from the application of all or part of section
57.3(4);
49
 RSA 2000
Section 58 CONSUMER PROTECTION ACT Chapter C-26.3

(d) providing for anything that by this Part is to be prescribed

by the regulations.
2017 c18 s1(10)

Part 9
Cost of Credit Disclosure
Division 1
Interpretation and Application
Definitions
58 In this Part,

(a) “advance” means value received by the borrower within the

meaning of section 59(3);

(b) “APR” means the annual percentage rate determined in

accordance with the regulations;

(c) “borrower” means the party to a credit agreement or

prospective credit agreement who receives or will receive
credit from the other party, but does not include a guarantor;

(d) “brokerage fee” means an amount that a borrower pays or

agrees to pay to a loan broker in consideration of the loan
broker’s services in arranging or attempting to arrange a
credit agreement, and includes an amount deducted from an
advance and paid to the loan broker by the credit grantor;

(e) “business day” means a day on which the credit grantor is

open for business;

(f) “capitalized amount” means, subject to the regulations, the

cash value of the leased goods plus the amount of any other
advances made to the lessee at or before the beginning of
the term, minus the total amount of all payments made by
the lessee at or before the beginning of the term;

(g) “cash customer” means a person who buys a product and

pays for it in full before or at the time of receiving the
product;

(h) “cash price” of a product means,

(i) for a sale by a credit grantor or an associate of the credit

grantor who sells the product to cash customers in the
ordinary course of business, an amount that fairly
represents the price for which the credit grantor or

50
 RSA 2000
Section 58 CONSUMER PROTECTION ACT Chapter C-26.3

associate sells the product to cash customers, unless the

parties agree on a lower price,

(ii) for a sale where subclause (i) does not apply, the price
agreed on by the parties, and

(iii) for an advertisement, the price for which the advertiser

currently offers to sell the product to cash customers or,
if the advertiser does not currently offer the product to
cash customers, the price stated in the advertisement,

and, for the purpose of determining the amount advanced

under a credit agreement, includes taxes and any other
charges payable by a cash customer;

(i) “cash value” of leased goods means,

(i) where the lessor offers like goods to cash customers in

the ordinary course of business, an amount that fairly
represents the price for which the credit grantor sells
such goods to cash customers, unless the parties agree on
a lower cash value, and

(ii) where the lessor does not in the ordinary course of

business offer like goods to cash customers, the lessor’s
reasonable estimate of the amount that cash customers
would pay to buy such goods, unless the parties agree on
a lower cash value;

(j) “Court” means the Court of Queen’s Bench or, subject to

the jurisdiction of the Provincial Court, the Provincial
Court;

(k) repealed 2005 c9 s28;

(l) “credit card” means a card or device that can be used to

obtain advances under a credit agreement for open credit;

(m) “credit grantor” means

(i) the party to a credit agreement or prospective credit

agreement who extends or will extend credit to the other
party, or

(ii) an assignee of the rights of the original credit grantor, if

the borrower has been given notice of the assignment,

and includes a credit card issuer;

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 RSA 2000
Section 58 CONSUMER PROTECTION ACT Chapter C-26.3

(n) “credit sale” means a transaction under which the purchase

of a product is financed by the seller or manufacturer of the
product or by an associate of the seller or manufacturer;

(o) “default charge” means a charge imposed on a borrower

who fails to make a payment as it comes due under a credit
agreement or who fails to comply with any other obligation
under a credit agreement, but does not include interest on an
overdue payment;

(p) “fixed credit” means credit under a credit agreement that is

not for open credit;

(q) “floating rate” means an interest rate that bears a specified

mathematical relationship to an index rate, and includes an
interest rate that

(i) is subject to a minimum or maximum, or

(ii) is determined at the beginning of a period for the whole

period, regardless of changes in the index rate during the
period;

(r) “grace period” means a period in which interest accrues but

will be forgiven if the borrower satisfies conditions
specified in the credit agreement;

(s) “index rate” means a rate that meets criteria prescribed by

the regulations;

(t) “initial disclosure statement” means a disclosure statement

referred to in section 77, 84 or 93;

(u) “interest” means charges that accrue over time and are
determined by applying a rate to an amount owing from
time to time under a credit agreement;

(v) “interest-free period” means a period following the making

of an advance during which interest does not accrue on the
advance;

(w) “lease” means any agreement for the hire of goods, except
an agreement for the hire of goods in connection with a
residential tenancy agreement;

(x) “lessee” means a party to a lease or prospective lease;

(y) “non-interest finance charge” means any charge that a

borrower is required to pay in connection with a credit
agreement other than

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 RSA 2000
Section 58 CONSUMER PROTECTION ACT Chapter C-26.3

(i) interest,

(ii) a prepayment or default charge,

(iii) a charge for an optional service,

(iv) a charge referred to in section 59(3)(f) or (g) or anything

designated under section 59(3)(h), or

(v) for a credit sale, any charge that would also be payable
by a cash customer;

(z) “open credit” means credit under a credit agreement that

(i) anticipates multiple advances, to be made when

requested by the borrower in accordance with the
agreement, and

(ii) does not establish the total amount to be advanced to the

borrower under the agreement, although it may impose a
credit limit;

(aa) “optional service” means a service that is offered to a

borrower in connection with a credit agreement and that the
borrower does not have to accept in order to enter into the
credit agreement;

(bb) “outstanding balance” means the total amount owing at a

particular time under a credit agreement;

(cc) “payment” means value given by a borrower within the

meaning of section 59(5);

(dd) “product” means goods, services or goods and services, but

does not include the extension of credit;

(ee) “scheduled-payments credit agreement” means a credit

agreement for fixed credit under which the amount
advanced is to be repaid in accordance with a specified
schedule of payments, which may be subject to adjustment
to accommodate contingencies, including, but not limited to,
the possibility of changes in the interest rate;

(ff) “security interest” means any interest in property that

secures the borrower’s obligations under a credit agreement;

(gg) “term”, in relation to the duration of a credit agreement,

means the period between the first advance and the last
payment anticipated by the agreement;

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Section 59 CONSUMER PROTECTION ACT Chapter C-26.3

(hh) “total cost of credit” has the meaning set out in section
59(2).
RSA 2000 cF-2 s58;2005 c9 s28

Determination of cost of credit

59(1) In subsections (3), (4) and (5), except subsection (3)(b), (e)
and (g), “borrower”, “credit grantor” and “credit agreement”
include a lessee, lessor and lease, respectively.

(2) The total cost of credit is the difference between the value
received or to be received by the borrower in connection with a
credit agreement and the value given or to be given by the borrower
in connection with the credit agreement, disregarding the
possibility of prepayment or default.

(3) Subject to subsection (4), the following constitute value

received or to be received by a borrower in connection with a credit
agreement:

(a) money transferred by the credit grantor to the borrower or to

the order of the borrower;

(b) the cash price of a product purchased by the borrower from

the credit grantor;

(c) the cash value of leased goods under a lease;

(d) the payment, discharge or consolidation by the credit

grantor of a pre-existing monetary obligation of the
borrower, the value received by the borrower being the
amount of the obligation so paid, discharged or
consolidated;

(e) the use of a credit card to obtain money or a product, the

value received by the borrower being the money obtained or
the cash price of the product;

(f) a charge for any of the following expenses, if the credit

grantor incurs the expense for the purpose of arranging,
documenting, insuring or securing a credit agreement and
then charges the expense to the borrower:

(i) a fee paid to a third party to record or register a

document or information in, or to obtain a document or
information from, a public registry of interests in real or
personal property;

(ii) a fee for professional services required for the purpose of

confirming the value, condition, location or conformity
to law of property that serves as security for a credit
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Section 59 CONSUMER PROTECTION ACT Chapter C-26.3

agreement, if the borrower is given a report signed by

the person providing the professional services and is free
to give the report to third persons;

(iii) a premium for insurance that protects the credit grantor

against the risk of default on a high-ratio mortgage, as
defined by regulation;

(iv) a premium for casualty insurance on the subject-matter

of a security interest, if the borrower is a beneficiary of
the insurance and the insured amount is the full insurable
value of the subject-matter;

(g) a fee charged by the credit grantor for maintenance of a tax

account on a high-ratio mortgage, as defined by regulation;

(h) anything designated by the regulations as value received by

the borrower for the purposes of this subsection.

(4) The following do not constitute value received or to be

received by the borrower unless they relate to an optional service,
an expense or fee referred to in subsection (3)(f) or (g) or
something designated under subsection (3)(h):

(a) insurance provided or paid for by the credit grantor in

connection with a credit agreement;

(b) money paid, an expense incurred or anything done by the

credit grantor for the purpose of arranging, documenting,
securing, administering or renewing a credit agreement.

(5) The following constitute value given or to be given by a

borrower in connection with a credit agreement:

(a) money or property transferred from the borrower to the

credit grantor for any purpose in connection with the credit
agreement;

(b) money or property transferred from the borrower to a person

other than the credit grantor in respect of a charge for
services that the credit grantor requires the borrower to
obtain or pay for in connection with the credit agreement,
unless the charge

(i) is for an expense to which subsection (3)(f) or

regulations under subsection (3)(h) would have applied
if it had been incurred initially by the credit grantor and
then charged by the credit grantor to the borrower,

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 RSA 2000
Section 60 CONSUMER PROTECTION ACT Chapter C-26.3

(ii) is for services provided by a lawyer chosen by the

borrower, or

(iii) is for title insurance provided by an insurer chosen by

the borrower.

(6) Despite subsections (3) and (5), amounts paid into or out of a
tax account for a mortgage loan are ignored when calculating the
APR and total cost of credit.
1998 cF-1.05 s59

Application
60(1) In this section, “borrower”, “credit grantor” and “credit
agreement” include a lessee, lessor and lease, respectively.

(2) This Part applies to a loan or lease made by ATB Financial and
to a loan made by the Alberta Social Housing Corporation or its
predecessors.

(3) Subject to subsections (4) and (5) and the regulations, this Part
applies to a credit agreement if

(a) the borrower is an individual who enters into the credit

agreement primarily for personal, family, household or
farming purposes, and

(b) either,

(i) the credit grantor enters into the agreement in the course
of carrying on a business, or

(ii) the credit agreement is arranged by a loan broker.

(4) For the purposes of subsection (3)(a), a credit grantor is

entitled to rely on a statement in a credit agreement or other
document regarding the purpose for which a borrower enters into a
credit agreement, if the statement is signed by the borrower and the
credit grantor believes in good faith that the statement is true.

(5) This Part does not apply to a credit sale where all of the
following occur:

(a) the credit sale anticipates payment in full for the product in
a single payment within a certain period after a written
invoice or statement of account is delivered to the buyer,

(b) the credit sale is unconditionally interest-free during the

period for payment referred to in clause (a),

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Section 61 CONSUMER PROTECTION ACT Chapter C-26.3

(c) the credit sale is unsecured, apart from any lien on the
product that may arise by operation of law,

(d) the credit sale is not assigned in the ordinary course of the
credit grantor’s business otherwise than as security, and

(e) the credit sale does not provide for any non-interest finance
charges.
RSA 2000 cF-2 s60;2017 c22 s18

Division 2
Disclosure
Definition
61 In sections 62 to 67, “borrower”, “credit grantor” and “credit
agreement” include a lessee, lessor and lease, respectively.
1998 cF-1.05 s61

Requirement to disclose
62(1) Every credit grantor must, in the form and manner provided
by this Part and the regulations, disclose to borrowers the
information that this Part and the regulations require to be
disclosed.

(2) Every credit grantor must, with respect to any advertisement

published or made by or on behalf of the credit grantor, disclose in
the advertisement, in the form and manner provided by this Part
and the regulations, the information that this Part and the
regulations require to be disclosed.
1998 cF-1.05 s62

Form of disclosure statements

63(1) Where this Part or the regulations require a disclosure to be
made in a disclosure statement, the disclosure statement

(a) must be in writing and prepared in duplicate or, with the

borrower’s consent, in any similar form that will allow the
borrower to retain a copy of the disclosure statement for
future reference, and

(b) must express the required information clearly, concisely, in

a logical order and in a manner that is likely to bring the
information to the borrower’s attention.

(2) A disclosure statement may be a separate document or part of

another document.
RSA 2000 cF-2 s63;2005 c9 s29

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Section 64 CONSUMER PROTECTION ACT Chapter C-26.3

Time at which disclosure statement to be delivered

64(1) The credit grantor must deliver the initial disclosure
statement for a credit agreement other than a mortgage loan to the
borrower before the earlier of the following occurs:

(a) the borrower enters into the credit agreement;

(b) the borrower makes any payment in connection with the

credit agreement.

(2) The credit grantor must deliver the initial disclosure statement
for a mortgage loan to the borrower at least 2 business days before
the earlier of the following occurs:

(a) the borrower incurs any obligation to the credit grantor in

connection with the mortgage loan, other than an obligation
in respect of a charge referred to in section 59(3)(f) or
prescribed by regulation for the purposes of this clause;

(b) the borrower makes any payment to the credit grantor in

connection with the mortgage loan, other than a payment in
respect of a charge referred to in section 59(3)(f) or
prescribed by regulation for the purposes of this clause.

(3) When authorized by the regulations, the time period referred to

in subsection (2) may be waived in accordance with terms and
conditions set out in the regulations.
1998 cF-1.05 s64

Delivery of disclosure statements

65(1) Where there is more than one borrower under a credit
agreement, a disclosure statement or other document that is
required to be delivered to the borrowers may be delivered to any
of the borrowers, and it is unnecessary to deliver a separate copy to
each borrower.

(2) A document sent by ordinary mail to a borrower at the mailing

address provided by the borrower to the credit grantor is
considered, in the absence of evidence to the contrary, to have been
delivered to the borrower 7 days after it was sent.
1998 cF-1.05 s65

Fees, Charges and Optional Services

Required insurance
66(1) A borrower who is required by a credit grantor to purchase
any insurance may purchase it from any insurer who may lawfully
provide that type of insurance, except that the credit grantor may

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Section 67 CONSUMER PROTECTION ACT Chapter C-26.3

reserve the right to disapprove, on reasonable grounds, an insurer

selected by the borrower.

(2) A credit grantor who offers to provide or to arrange insurance

referred to in subsection (1) must at the same time clearly disclose
to the borrower in writing that the borrower may purchase the
required insurance through an insurance agent and from an insurer
of the borrower’s choice.
RSA 2000 cF-2 s66;RSA 2000 cI-3 s855

Cancellation of optional services

67(1) A borrower may cancel an optional service of a continuing
nature that is provided by the credit grantor or an associate of the
credit grantor on giving 30 days’ notice, or any shorter period of
notice that is provided for by the agreement under which the
service is provided.

(2) A borrower who cancels an optional service in accordance with

subsection (1)

(a) is not liable, and

(b) is entitled to a refund of any amount already paid,

for charges relating to any portion of the service that has not been
provided at the time of cancellation.
1998 cF-1.05 s67

Prepayment of non-mortgage credit

68(1) This section does not apply to mortgage loans.

(2) A borrower is entitled to pay the full outstanding balance under

a credit agreement at any time without any prepayment charge or
penalty.

(3) Where a borrower prepays the full outstanding balance under a

credit agreement for fixed credit, the credit grantor must refund or
credit the borrower with a portion of any non-interest finance
charge that was paid by the borrower or was added to the
outstanding balance of the credit agreement.

(4) The portion of each non-interest finance charge that must be

refunded or credited to the borrower under subsection (3) is to be
determined in accordance with the regulations.

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Section 69 CONSUMER PROTECTION ACT Chapter C-26.3

(5) A borrower is entitled to prepay a portion of the outstanding

balance of a credit agreement for fixed credit on any scheduled
payment date or at least monthly without any prepayment charge or
penalty, but is not entitled by reason of the payment to a credit for
any non-interest finance charges.
1998 cF-1.05 s68

Default charges
69 The only default charges that may be provided for by a credit
agreement are

(a) reasonable charges in respect of legal costs incurred in

collecting or attempting to collect a payment under a credit
agreement,

(b) reasonable charges in respect of costs, including legal costs,

incurred in realizing a security interest or protecting the
subject-matter of a security interest after default, and

(c) reasonable charges that reflect the costs incurred by the

credit grantor because a cheque or other payment instrument
given by the borrower to the credit grantor was dishonoured.
1998 cF-1.05 s69;1999 c26 s8

Invitation to defer payment

70(1) Where a credit grantor invites a borrower to defer making a
payment that would otherwise be due under a credit agreement, the
invitation must clearly disclose whether interest will accrue on the
amount of the deferred payment during the period during which
payment is deferred.

(2) Where an invitation referred to in subsection (1) does not

disclose whether interest will accrue on the amount of the deferred
payment during the period during which payment is deferred, the
credit grantor is deemed to waive the interest that would otherwise
accrue during that period.
RSA 2000 cF-2 s70;2005 c9 s30

Acceleration clauses
71(1) Despite anything in a credit agreement, where the credit
agreement contains a provision to the effect that on default by the
borrower or on the occurrence of any other event, and whether or
not at the option of the credit grantor, the whole or part of the
outstanding balance becomes immediately payable or is otherwise
accelerated,

(a) the whole or part of the outstanding balance does not

become payable or otherwise accelerated, and

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 RSA 2000
Section 72 CONSUMER PROTECTION ACT Chapter C-26.3

(b) any rate of interest made specially applicable to the

outstanding balance does not become effective,

until written notice of the default or other event is sent by

registered mail to the borrower at the borrower’s latest address as
shown on the records of the credit grantor or is served personally
on the borrower.

(2) Despite subsection (1), where the credit grantor sends a notice
by registered mail to the borrower at the borrower’s latest address
as shown on the records of the credit grantor,

(a) the whole or part of the outstanding balance does not

become payable or otherwise accelerated, and

(b) any rate of interest made specially applicable to the

outstanding balance does not become effective,

until 10 days has elapsed from the date that the notice was sent to
the borrower.
1998 cF-1.05 s71

Credit Arranged by Loan Brokers

Non-business credit grantors

72(1) This section applies where a loan broker arranges a credit
agreement involving a credit grantor who does not enter into the
credit agreement in the course of carrying on a business.

(2) Any provision of this Part or the regulations that imposes a

duty on a credit grantor is to be read as imposing the duty on the
loan broker, rather than on the credit grantor.

(3) Where the borrower pays or is liable to pay a brokerage fee, the
initial disclosure statement for the credit agreement must

(a) disclose the amount of the brokerage fee, and

(b) account for the brokerage fee in the APR and the total cost
of credit.
1998 cF-1.05 s72

Business credit grantors

73(1) This section applies where a loan broker arranges a credit
agreement involving a credit grantor who enters into the credit
agreement in the course of carrying on a business.

(2) Where the credit grantor deducts a brokerage fee from an

advance, the credit grantor’s initial disclosure statement must

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Section 74 CONSUMER PROTECTION ACT Chapter C-26.3

(a) disclose the amount of the brokerage fee, and

(b) account for the brokerage fee in the APR and the total cost
of credit.

(3) A loan broker who takes a loan application from a borrower

and forwards it to a credit grantor must give the borrower a
disclosure statement containing the information referred to in
subsection (2) and any other information required by this Part and
the regulations to be disclosed in an initial disclosure statement.

(4) Where a loan broker is required by subsection (3) to give the

borrower a disclosure statement, the credit grantor may adopt the
disclosure statement given by the loan broker as its own disclosure
statement or may elect to deliver a separate disclosure statement to
the borrower that contains the required information.
1998 cF-1.05 s73

Division 3
Fixed Credit
General
Application
74 This Division applies only to credit agreements that extend
fixed credit.
1998 cF-1.05 s74

Credit sales
75 A credit grantor may not enter into a credit sale unless the
credit sale is a scheduled-payments credit agreement.
1998 cF-1.05 s75

Advertising for fixed credit

76(1) Every advertisement that offers credit and that states the
interest rate or amount of any payment must disclose the
information provided by the regulations.

(2) An advertisement that states or implies that no interest is

payable for a certain period in respect of a transaction must, in the
form and manner referred to in the regulations, disclose the
information prescribed by the regulations.

(3) An advertisement to which subsection (2) applies that does not,

in the form and manner referred to in the regulations, disclose the
information required under subsection (2) is deemed to represent
that the transaction is unconditionally interest-free during the
relevant period.
1998 cF-1.05 s76

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 RSA 2000
Section 77 CONSUMER PROTECTION ACT Chapter C-26.3

Disclosure Statements

Initial disclosure statement for fixed credit

77 The initial disclosure statement for a credit agreement must
disclose the information prescribed by the regulations.
1998 cF-1.05 s77

Changes in interest rate

78(1) Where the interest rate under a credit agreement is a floating
rate, the credit grantor must, at least once every 12 months, deliver
to the borrower a disclosure statement containing the information
prescribed by the regulations for the period covered by the
statement.

(2) Where the interest rate may be changed but is not a floating
rate, the credit grantor must, within 30 days after increasing the
annual interest rate to a rate that is at least 1% higher than the rate
most recently disclosed to the borrower, deliver to the borrower a
disclosure statement containing the information prescribed by the
regulations.

(3) Where, as a result of an increase in the outstanding principal

because of a missed or late payment or the imposition of a default
charge, the scheduled payments under a scheduled-payments credit
agreement will not cover interest that will accrue between
payments, the credit grantor must give the borrower notice in
writing to that effect within 30 days after the outstanding principal
increases.
1998 cF-1.05 s78

Disclosure regarding amendments

79(1) If information disclosed in an earlier disclosure statement
changes because of an amendment to a credit agreement, the credit
grantor must deliver a supplementary disclosure statement to the
borrower within 30 days after the amendment is made.

(2) The supplementary disclosure statement must provide the

changed information but need not repeat any information that is
unchanged from the earlier disclosure statement.

(3) Where an amendment consists only of a revision to the

schedule of payments, the supplementary disclosure statement need
not disclose any change to the APR or any decrease in the total cost
of credit or total payments.

(4) This section does not apply to changes effected by a renewal

agreement to which section 80 or 81 applies.
1998 cF-1.05 s79

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Section 80 CONSUMER PROTECTION ACT Chapter C-26.3

Disclosure where mortgage loan renewed

80(1) Where the amortization period for a mortgage loan under a
scheduled-payments credit agreement is longer than its term, the
credit grantor must, at least 21 days before the end of the term,
deliver to the borrower a written notice stating whether or not the
credit grantor is willing to renew the loan for a further term.

(2) A credit grantor who is willing to renew a mortgage loan must

include with the notice referred to in subsection (1) a disclosure
statement that contains the information prescribed by the
regulations.

(3) Where the terms of the renewal agreement differ from the
terms contemplated in the disclosure statement because

(a) the outstanding balance on the renewal date differs from

what was stated in the disclosure statement because of one
or more missed, late, early or extra payments,

(b) the interest rate under the renewal agreement is lower than
was stated in the disclosure statement, or

(c) the amortization period or frequency of payments under the

renewal agreement differs from what was stated or assumed,

or because of any combination of such events, the credit grantor

must deliver a revised disclosure statement to the borrower within
30 days after the effective date of the renewal agreement.

(4) Subject to subsection (3), where a credit grantor does not

provide a disclosure statement that reflects the actual terms of the
renewal agreement to the borrower at least 21 days before the
effective date of a renewal agreement, the borrower

(a) is entitled to prepay the outstanding balance of the renewed

mortgage loan without penalty at any time within 21 days
after receiving the disclosure statement, and

(b) on exercising that right, is entitled to a refund of any non-

interest finance charges imposed in connection with the
renewal.
1998 cF-1.05 s80

Renewal of non-mortgage loan

81 When fixed credit other than a mortgage loan is renewed, the
credit grantor must deliver to the borrower on or before the renewal
date a disclosure statement containing the information prescribed
by the regulations.
1998 cF-1.05 s81

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Section 82 CONSUMER PROTECTION ACT Chapter C-26.3

Division 4
Open Credit
General
Application
82 This Division applies only to credit agreements that extend
open credit.
1998 cF-1.05 s82

Advertising for open credit

83(1) An advertisement that gives any specific information about
the cost of credit must disclose the information prescribed by the
regulations.

(2) An advertisement that states or implies that no interest is

payable for a certain period in respect of a transaction under a
credit agreement must, in the form and manner referred to in the
regulations, disclose the information prescribed by the regulations.

(3) An advertisement to which subsection (2) applies that does

not, in the form and manner referred to in the regulations, disclose
the information required under subsection (2) is deemed to
represent that the transaction is unconditionally interest-free during
the relevant period.
1998 cF-1.05 s83

Initial disclosure statement

84 The initial disclosure statement for a credit agreement must
disclose the information prescribed by the regulations.
1998 cF-1.05 s84

Statement of account
85(1) Subject to subsection (2), the credit grantor must deliver a
statement of account to the borrower at least monthly.

(2) A credit grantor is not required to send a statement of account

to a borrower at the end of any period during which there have
been no advances or payments where

(a) the outstanding balance is zero, or

(b) the borrower is in default and has been notified that the
privilege of obtaining advances under the agreement has
been cancelled or suspended and the credit grantor has
demanded payment of the outstanding balance.

(3) The credit grantor must provide a telephone number at which

the borrower can make inquiries about the borrower’s account

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Section 86 CONSUMER PROTECTION ACT Chapter C-26.3

during the credit grantor’s ordinary business hours without

incurring any charges for the call.

(4) A statement of account must disclose the information

prescribed by the regulations.

(5) A credit grantor who, pursuant to the agreement, changes the

interest rate under the agreement shall deliver a disclosure
statement to the borrower disclosing the change

(a) in the next statement of account after the change, in the case
of a credit agreement that is not for a credit card, and

(b) at least 30 days before the change, in the case of a credit

agreement that is for a credit card where the interest rate is
not a floating rate.

(6) A credit grantor who, pursuant to the agreement, changes any

of the information prescribed under section 84 other than the
interest rate under the agreement shall deliver a disclosure
statement to the borrower disclosing the change

(a) in the next statement of account after the change if the

change is not a material change, as prescribed, and

(b) at least 30 days before the change if the change is a material

change, as prescribed.
RSA 2000 cF-2 s85;2005 c9 s31

Credit Cards

No unsolicited credit cards

86(1) A credit card issuer must not issue a credit card to a person
who has not applied for the card.

(2) Subsection (1) does not apply to a credit card that is issued to a
person to replace or renew a card that was applied for and issued to
that person.
1998 cF-1.05 s86

Application for credit card

87(1) A credit card issuer must disclose in an application form for
a credit card the information prescribed by the regulations.

(2) A person who applies for a credit card without signing an

application form is considered to enter into a credit agreement in
relation to that card on using the card for the first time.

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Section 88 CONSUMER PROTECTION ACT Chapter C-26.3

(3) Nothing in this section relieves the credit card issuer from the
requirement to deliver an initial disclosure statement in accordance
with sections 64(1) and 84.
1998 cF-1.05 s87

Additional disclosure for credit card

88(1) In addition to the applicable information required to be
disclosed under section 84, a credit card issuer must disclose in the
initial disclosure statement for open credit associated with a credit
card the card holder’s maximum liability for unauthorized use of
the credit card if it is lost or stolen.

(2) The credit card issuer must give the card holder at least 30
days’ notice of any change in the information disclosed in a
disclosure statement.

(3) Subsection (2) does not apply to

(a) a change in the credit limit,

(b) a decrease in the interest rate or the amount of any other

charge,

(c) an increase in the length of an interest-free period or grace

period, or

(d) a change in a floating rate,

but the relevant information must be disclosed in the next statement

of account following the change or in a document that is given to
the borrower with the next statement of account.
1998 cF-1.05 s88

Limitation of liability
89(1) A card holder is not liable for a debt incurred through the
unauthorized use of a lost or stolen credit card after the credit card
issuer receives notice of the loss or theft.

(2) A notice under subsection (1) may be oral or in writing.

(3) The maximum total liability of a card holder arising from

unauthorized use of a lost or stolen credit card before the issuer
receives notice under subsection (1) is the lesser of

(a) $50, and

(b) the amount fixed or agreed to by the credit card issuer as the
maximum amount for which the card holder is liable in the
event of the unauthorized use of the card after its loss or
theft.

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Section 90 CONSUMER PROTECTION ACT Chapter C-26.3

(4) Subsection (3) does not apply to a transaction prescribed by

regulation.
1998 cF-1.05 s89

Division 5
Leases of Goods
Definitions
90 In this Division,

(a) “estimated residual value” means the lessor’s reasonable

estimate of the wholesale value of the leased goods at the
end of the lease term;

(b) “residual obligation lease” means a lease under which the

lessee may be required at the end of the lease term to pay
the lessor an amount based wholly or partly on the
difference, if any, between the estimated residual value and
the realizable value of the leased goods;

(c) “term”, in relation to the duration of a lease, means the

period during which the lessee is entitled to retain
possession of the leased goods.
1998 cF-1.05 s90

Application of Division
91 This Division applies to a lease if the lease

(a) is for a fixed term of 4 months or more,

(b) is for an indefinite term or is renewed automatically until

one of the parties takes positive steps to terminate it, or

(c) is a residual obligation lease.

1998 cF-1.05 s91

Advertisements
92 An advertisement that gives any specific information about the
cost of a lease must disclose the information prescribed by the
regulations.
1998 cF-1.05 s92

Disclosure statement for lease

93 The initial disclosure statement for a lease must disclose the
information prescribed by the regulations.
1998 cF-1.05 s93

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Section 94 CONSUMER PROTECTION ACT Chapter C-26.3

Residual obligation leases

94 The lessee’s maximum liability at the end of the term of a
residual obligation lease after returning the leased goods to the
lessor is to be calculated in accordance with the regulations.
1998 cF-1.05 s94

Division 6
Compliance
Interpretation
95(1) In this Division, “borrower”, “credit grantor” and “credit
agreement” include a lessee, lessor and lease, respectively, and
“credit grantor” also includes a loan broker.

(2) For the purposes of this Division, a credit grantor is considered

to have a compliance procedure if the credit grantor

(a) requires its employees and agents to follow procedures, or

has implemented automated procedures, designed to ensure
that borrowers receive the information to which they are
entitled at the time and in the form required by this Part, and

(b) monitors the effectiveness of the measures referred to in

clause (a) and promptly remedies any deficiencies it
discovers in their design or implementation.
1998 cF-1.05 s95

Recovery of payments and compensation

96(1) Despite any agreement to the contrary, where a borrower
makes a payment to a credit grantor that by virtue of this Part the
credit grantor is not entitled to receive, the credit grantor must
refund the payment to the borrower or, if the parties agree, credit
the payment against the outstanding balance of the relevant credit
agreement as of the time the payment was made.

(2) A credit grantor who contravenes this Part or the regulations

must compensate a borrower for any loss the borrower suffers
because of the contravention, and the compensation to which the
borrower is entitled may be set off against the outstanding balance
of the relevant credit agreement or may be recovered in an action.
1998 cF-1.05 s96

Inconsistency between disclosure statement and contract

97 If information in a disclosure statement is inconsistent with
any information or term set out in the credit agreement, the credit
agreement is presumed to incorporate the information or term that
is more favourable to the borrower, unless it is proved that the less
favourable information or term reflects the borrower’s actual
understanding of the terms of the agreement.

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Section 98 CONSUMER PROTECTION ACT Chapter C-26.3

1998 cF-1.05 s97

Statutory damages
98(1) A contravention of this Part or the regulations by a credit
grantor is an excusable error for the purposes of this section if

(a) the credit grantor had a compliance procedure when the

contravention occurred,

(b) the contravention was accidental or the result of an

employee’s or agent’s failure to follow the compliance
procedure, and

(c) on discovering the contravention, the credit grantor

promptly took steps to minimize its effect on any affected
borrower.

(2) Where a credit grantor contravenes this Part or the regulations

in relation to a credit agreement and the contravention is not an
excusable error, the borrower is entitled, in addition to any other
remedy to which the borrower may be entitled under this Part, to
recover from the credit grantor in an action the statutory damages
provided for by this section.

(3) Subject to subsection (4), the statutory damages for a

contravention of this Part or the regulations are the lesser of $500
and 5% of whichever of the following is applicable:

(a) for a credit agreement for fixed credit, the maximum

outstanding balance;

(b) for a lease, the capitalized amount;

(c) for a credit agreement for open credit, the credit limit,

except that the statutory damages are $500 for open credit that does
not specify a credit limit.

(4) Where a contravention of this Part or the regulations relates to

a statement of account for open credit, the statutory damages are
equal to the interest and any non-interest finance charges for the
period covered by the statement of account.

(5) The Court may reduce the statutory damages to which a

borrower would otherwise be entitled under this section if the
Court is satisfied in view of all the circumstances, including any
undertakings as to future compliance with this Part or the
regulations that are given by the credit grantor, that it would be just
and equitable to do so.

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Section 99 CONSUMER PROTECTION ACT Chapter C-26.3

(6) Statutory damages to which a borrower is entitled may be set

off against any amount otherwise payable by the borrower to the
credit grantor.
1998 cF-1.05 s98

Exemplary damages
99 The Court may award exemplary damages to a borrower
against a person who has deliberately contravened this Part or the
regulations or in any case where the Court considers that the
conduct of a person who has contravened this Part or the
regulations justifies an award of exemplary damages against that
person.
1998 cF-1.05 s99

Assignee
100(1) Except as otherwise provided in this section, a borrower
may assert against a person to whom the rights of a credit grantor
have been assigned any rights or remedies under section 96, 97 or
98 that the borrower could have asserted against the original credit
grantor immediately before receiving notice of the assignment.

(2) The assignee’s maximum liability under any of the provisions

referred to in subsection (1) is limited to the outstanding balance at
the time of the assignment, or the proportion of the outstanding
balance that is assigned to the assignee.

(3) An assignee incurs no liability under this section for a credit

grantor’s contravention of this Part or the regulations unless

(a) the assignee knew of the contravention before the borrower

received notice of the assignment,

(b) the contravention consists of the credit grantor’s failure to

deliver a disclosure statement to the borrower when required
by this Part or the regulations, or

(c) the contravention is apparent on the face of a disclosure

statement, or by comparing the disclosure statement with the
written terms of the credit agreement.

(4) An assignee is entitled to rely in good faith on a borrower’s

signed acknowledgment of receipt of a disclosure statement.
1998 cF-1.05 s100

Division 7
Regulations
Regulations
101(1) The Minister may make regulations

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Section 101 CONSUMER PROTECTION ACT Chapter C-26.3

(a) respecting the criteria in determining what constitutes an

interest rate;

(b) respecting the calculation of the APR for the purposes of

credit agreements and leases;

(c) defining “high-ratio mortgage” for the purposes of section

59(3)(f)(iii) and (g);

(d) designating what is value received by a borrower for the

purposes of section 59(3)(h);

(e) respecting terms and conditions for the waiver of the time
period referred to in section 64(2);

(f) respecting, in addition to the requirements set out in this

Part,

(i) the form of disclosure statements and the form of

disclosure in advertisements,

(ii) information to be disclosed in a disclosure statement or

advertisement, and

(iii) the manner in which information may be disclosed under

this Act and the regulations;

(g) respecting the form and manner in which information

referred to in sections 76 and 83 must be disclosed in an
advertisement;

(h) respecting the manner in which a refund referred to in

section 67(2)(b) may be determined;

(i) determining the portion of each non-interest finance charge

that must be refunded or credited to the borrower under
section 68(4);

(j) respecting what constitutes reasonable charges for the

purpose of section 69;

(k) respecting the information that must be disclosed for the

purposes of sections 76(1) and (2), 77, 78(1) and (2), 80(2),
81, 83(1) and (2), 84, 85(4) and (6), 87(1) and (3), 92 and
93;

(l) respecting the transactions to which section 89(3) does not

apply;

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Section 102 CONSUMER PROTECTION ACT Chapter C-26.3

(m) respecting, for the purposes of section 94, the calculation of

a lessee’s maximum liability at the end of the term of a
residual obligation lease after returning the leased goods to
the lessor;

(n) restricting or broadening the definition of “capitalized

amount”;

(o) defining any term or expression not otherwise defined in

this Part;

(p) respecting the early termination of leases, including the

early exercise of purchase options, and, in particular,
limiting the compensation or penalties payable by a lessee
on the early termination of a lease;

(q) respecting the terms and conditions applicable to reverse

mortgages.

(2) The Lieutenant Governor in Council may make regulations

respecting the exemption of any class of advertisement, credit
agreement, credit grantor, loan broker, lease or lessor from the
application of this Part or the regulations or of any provision of this
Part or the regulations.
RSA 2000 cF-2 s101;2005 c9 s32

Part 10
Designated Trades and Businesses
Definitions
102 In this Part,

(a) “designated agent” means a person who is appointed as a

designated agent pursuant to the regulations;

(b) “designated business” means a trade, business, industry,

employment or occupation to which this Part is made
applicable by regulation under section 103.
1998 cF-1.05 s102

Application of Part
103(1) The Lieutenant Governor in Council may, by regulation,
provide that this Part applies to the whole or a part of a trade,
business, industry, employment or occupation designated in the
regulations.

(2) The Lieutenant Governor in Council may not designate the

following:

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Section 104 CONSUMER PROTECTION ACT Chapter C-26.3

(a) trades, businesses, industries, employments and occupations

that are licensed pursuant to the Gaming, Liquor and
Cannabis Act or the Film and Video Classification Act;

(b) professions or callings to which the Apprenticeship and

Industry Training Act, Architects Act, Schedule 2 of the
Health Professions Act, Schedule 7 of the Health
Professions Act, Engineering and Geoscience Professions
Act, Land Surveyors Act, Legal Profession Act, Schedule 21
of the Health Professions Act, Schedule 24 of the Health
Professions Act, Schedule 17 of the Health Professions Act,
Schedule 19 of the Health Professions Act, Real Estate Act,
Chartered Professional Accountants Act, Teaching
Profession Act or Veterinary Profession Act applies;

(c) a trade, business, industry, employment or occupation that is

subject to the control of the Alberta Utilities Commission;

(d) the occupation of a farmer, a rancher, a farm labourer, a

domestic servant or an unskilled labourer.
RSA 2000 cF-2 s103;
RSA 2000 cH-7 ss143,146,147,149,150;
RSA 2000 cR-12 s146;2002 c30 ss7,12;2007 cA-37.2 s82(7);
2008 cF-11.5 s21;2011 c3 s33;2014 cC-10.2 s176;2017 c21 s29

Licence required - designated businesses

104(1) No person may engage in a designated business unless the
person holds a licence under this Act that authorizes the person to
engage in that business.

(2) If required to do so by the applicable regulation, a person who

engages in a designated business at more than one location must
hold a separate licence issued under this Act for each location that
authorizes the person to engage in that business.
RSA 2000 cF-2 s104;2005 c9 s33

Regulations
105(1) The Minister may make regulations

(a) specifying activities that constitute engaging in a designated

business for the purposes of this Act;

(b) prescribing fees payable by or in respect of designated

agents;

(c) respecting the duties and obligations of persons engaged or

employed in a designated business;

(d) requiring persons engaged or employed in a designated

business to appoint designated agents as their

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Section 105 CONSUMER PROTECTION ACT Chapter C-26.3

representatives and respecting the eligibility requirements,

duties and obligations of designated agents;

(e) prescribing or adopting, with or without modification,

codes, standards or rules governing

(i) the manner of carrying on a designated business or class

of designated business,

(ii) experience and education requirements and requirements

as to financial responsibility of persons carrying on or
wishing to carry on a designated business,

(iii) the type and condition of premises and equipment used

in a designated business, and

(iv) the conduct of persons engaged in carrying on a

designated business;

(f) respecting the manner of informing members of the public

of

(i) any sale of or dealing with goods, products or services of

a designated business, and

(ii) contraventions of this Part;

(g) respecting terms and conditions for a designated business or

class of designated business that has contravened this Part or
the regulations made under this Part to continue operating as
a business under this Part;

(h) prescribing in respect of any designated business or class of

designated business that the approval of any authority
specified by the Minister is required for the obtaining of a
licence or the renewal of a licence or the establishment of
that business or class of business;

(i) prescribing as to any designated business or class of

designated business the information to be contained in
agreements used by persons carrying on or engaged in that
business in their dealings with the public;

(j) requiring in respect of any designated business or class of

designated business that specified accounts and records be
maintained by persons carrying on or engaged in that
business.

(2) The Minister may, by order, delegate in whole or in part to any

other head of a department of the Public Service the power to make

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Section 106 CONSUMER PROTECTION ACT Chapter C-26.3

any regulations under this Part that the Minister is empowered to

make, and the Minister may, by order, authorize another
department to make any inspections of any business for the
purposes of this Part.
1998 cF-1.05 s105

Codes respecting competitive practices

106(1) The Minister may establish or adopt codes that establish
standards of ethics, methods, practices and systems applicable to
any designated business or class of designated business to effect an
end to or to prevent competitive practices that are, by their nature,
detrimental either to the business, to persons employed in the
business or to the public.

(2) The Minister must ensure that any code established or adopted
under subsection (1) is published in The Alberta Gazette.

(3) The Regulations Act does not apply to a code established or

adopted under subsection (1).
1998 cF-1.05 s106

Compliance with code

107 The principals, directors, managers and employees of a
designated business that is subject to a code under section 106 must
comply with the code.
1998 cF-1.05 s107

Municipal licences
108 No municipality or Metis settlement may issue a licence for
the carrying on of a designated business unless the applicant for the
licence holds a licence issued under this Act in respect of that
business.
1998 cF-1.05 s108

Part 10.1
Automotive Sales and Repairs
Definitions
108.1 In this Part,

(a) “automotive business” means the business designated as the

automotive business under the Designation of Trades and
Businesses Regulation (AR 178/99);

(b) “automotive business operator” means a person who is

engaged in the automotive business;

(c) “consumer” means

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Section 108.2 CONSUMER PROTECTION ACT Chapter C-26.3

(i) an individual who receives or has the right to receive

goods or services for personal use from an automotive
business operator as a result of a purchase, lease, gift,
contest or other arrangement, but does not include an
individual who intends to sell the goods after receiving
them, or

(ii) a business with a commercial fleet of 5 or fewer vehicles

that receives or has the right to receive goods or services
for business use from an automotive business operator as
a result of a purchase, lease, gift, contest or other
arrangement, but does not include a business that intends
to sell the goods after receiving them;

(d) “vehicle” means a vehicle as defined in the Automotive

Business Regulation (AR 192/99).
2017 c18 s1(11)

Disclosure, standard bill of sale, warranties, estimates,

authorization of work
108.2(1) An automotive business operator engaged in automotive
sales shall disclose specified information to each consumer in
accordance with the regulations.

(2) An automotive business operator engaged in automotive sales

shall use a standard bill of sale in accordance with the regulations.

(3) An automotive business operator engaged in automotive

repairs shall provide a warranty in accordance with the regulations.

(4) An automotive business operator engaged in automotive

repairs shall, on request from the customer, provide an estimate of
the cost of proposed work in accordance with the regulations.

(5) An automotive business operator engaged in automotive

repairs shall not conduct specified work unless the consumer has
provided authorization as required in the regulations.
2017 c18 s1(11)

Regulations
108.3 The Minister may make regulations respecting the
practices of automotive business operators, including, without
limitation, regulations

(a) providing for anything that by this Part is to be prescribed

by the regulations;

(b) respecting the disclosure to consumers of information

respecting automotive sales, including, without limitation,
information respecting vehicle history;
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Section 109 CONSUMER PROTECTION ACT Chapter C-26.3

(c) respecting the form and content of a standard bill of sale for
automotive sales and respecting disclosure in respect of a
standard bill of sale;

(d) respecting the types of transactions in respect of automotive

repairs that must be accompanied with warranties;

(e) respecting warranties for automotive repairs, including,

without limitation, regulations

(i) respecting the minimum duration of warranties;

(ii) respecting terms, conditions and standards to be included

in warranties;

(f) respecting requirements for estimates of the cost of work to

be performed by automotive business operators engaged in
automotive repairs, including, without limitation,
requirements for estimates to be in writing;

(g) respecting authorization by consumers for work to be

performed by automotive business operators engaged in
automotive repairs, including, without limitation,
requirements for authorizations to be time-stamped;

(h) exempting a vehicle or class of vehicle from the operation of

all or part of this Part.
2017 c18 s1(11)

Part 11
Collection Practices
Definitions
109 In this Part,

(a) “collection agency” means a person, other than a collector,

who carries on the activities prescribed by regulation;

(b) “collector” means an individual employed or authorized by

a collection agency to carry on the activities prescribed by
regulation on behalf of the collection agency.
RSA 2000 cF-2 s109;2005 c9 s34

Exemptions
110(1) This Part, except section 117, does not apply

(a) to an insurer licensed under the Insurance Act, to an

insurance agent who holds an insurance agent’s certificate
of authority under the Insurance Act or to an adjuster who
holds an adjuster’s certificate of authority under the
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Section 111 CONSUMER PROTECTION ACT Chapter C-26.3

Insurance Act or to the employees of any of them acting in

the regular course of their employment,

(b) to an assignee, custodian, liquidator, receiver, trustee or

other person licensed or acting under the Bankruptcy and
Insolvency Act (Canada), the Canada Business Corporations
Act (Canada), the Companies Act, the Business
Corporations Act, the Cooperatives Act, the Judicature Act,
the Personal Property Security Act or the Winding-up and
Restructuring Act (Canada) or to a person acting under a
debenture or the order of any court, or

(c) to an industry member within the meaning of the Real

Estate Act or to the employees of an industry member acting
in the regular course of their employment.

(2) This Part does not apply to lawyers who are acting in the
practice of their profession or to a civil enforcement bailiff or civil
enforcement agency while realizing on a security.

(3) This Part or any provision of this Part does not apply to any
person or class of persons designated by the regulations as a person
or class of persons exempt from the operation of this Part or that
provision.
RSA 2000 cF-2 s110;RSA 2000 cI-3 s855;2001 cC-28.1 s451

Licence required
111(1) No person may carry on the activities of a collection
agency unless the person is the holder of a collection agency
licence issued under this Act.

(2) No person may act as a collector for a collection agency unless

the person is the holder of a collector’s licence issued under this
Act.

(3) No collection agency may employ or authorize any person to

be a collector unless that person is the holder of a collector’s
licence.

(4) No person may claim or advertise that the person is a collector

or carries on the activities of a collection agency unless the person
holds a collector’s licence or a collection agency licence, as the
case may be.
RSA 2000 cF-2 s111;2005 c9 s35

Suspension and cancellation of licence

112 The licence of a collector

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Section 114 CONSUMER PROTECTION ACT Chapter C-26.3

(a) is cancelled when the person who holds the licence ceases to
be employed or authorized by a collection agency to act as a
collector, and

(b) is suspended or cancelled, as the case may be, on the

suspension or cancellation of the collection agency licence
of the collection agency that employed or authorized the
person to act as a collector.
1998 cF-1.05 s112

113 Repealed 2005 c9 s36.

Statement of account
114(1) Every collection agency must, on the written request of a
debtor, provide to the debtor a statement of account that shows the
amounts received and paid out by the agency in respect of the
debtor and the amount owing by the debtor at the date of the
statement.

(2) A collection agency does not have to provide the statement of

account more frequently than once every 6 months.
1998 cF-1.05 s114

115 and 116 Repealed 2005 c9 s37.

Withdrawal of accounts
117 No person may place an account for collection with a
collection agency without first withdrawing in writing any previous
placement of that account with any other collection agency.
1998 cF-1.05 s117

Regulations
118 The Minister may make regulations

(a) designating any person or any class of persons as exempt

persons for the purpose of section 110(3);

(b) specifying what constitutes carrying on the activities of a

collection agency for the purposes of this Act;

(c) respecting receipts under this Part;

(d) respecting the creation, maintenance and providing of

audits, records or reports;

(e) respecting advertising by collection agencies and collectors;

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Section 119 CONSUMER PROTECTION ACT Chapter C-26.3

(f) governing the fees, commissions or disbursements charged

by any collection agency or class of collection agency in
performing its services;

(g) prohibiting a collection agency or collector from doing

specified things;

(h) respecting the activities that may be carried on by a

collection agency or a collector;

(i) defining words or terms, including regulations restricting or

broadening the definitions of collection agency and
collector.
RSA 2000 cF-2 s118;2005 c9 s38

Part 12
Public Auctions
Definitions
119 In this Part,

(a) “auction sales business” means an individual, partnership or

corporation that carries on any activity referred to in section
121(1)(a) to (c) or the regulations under section 124(b);

(b) “auctioneer” means an individual who conducts the bidding

at a sale by public auction;

(c) “licence” means an auction sales business licence issued

under this Act;

(d) “sale by public auction” means a sale of goods by public

auction and includes a sale of goods in lots by public
auction.
RSA 2000 cF-2 s119;2005 c9 s39

Application
120(1) Subject to subsections (2) and (3), this Part does not apply
to a sale by public auction

(a) to which the Civil Enforcement Act applies, or that is held

pursuant to an order of a court,

(b) of goods taken in distress under the authority of an

enactment for the recovery of a tax, rate or imposition made
or levied pursuant to that enactment,

(c) of livestock by an auction sales business that is licensed as a

livestock dealer and has provided the security required
under the Livestock Identification and Commerce Act,
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Section 121 CONSUMER PROTECTION ACT Chapter C-26.3

(d) held by a religious, charitable or non-profit organization, or

(e) held by an educational institution as part of a course of

instruction in auctioneering offered by it.

(2) No person may conduct the bidding at a sale by public auction

referred to in subsection (1)(a) to (d) unless the person meets the
qualifications for an auctioneer under the regulations.

(3) No person may conduct the bidding at a sale by public auction

referred to in subsection (1)(e) unless the person is a student
registered in a course for the training of auctioneers at an
educational institution and the student is supervised by officials
from the institution.

(4) If a licensee holds a sale by public auction referred to in

subsection (1), the provisions in the regulations under Part 13
dealing with claims against the licensee’s security apply in respect
of that sale, even though the auction sales business does not have to
be licensed or to provide security in respect of it.
RSA 2000 cF-2 s120;2006 cL-16.2 c96

Licence required
121(1) No person may

(a) carry on the activities of holding sales by public auction,

(b) hold a sale by public auction, or

(c) advertise a sale by public auction,

unless the person is the holder of a subsisting licence.

(2) No auctioneer may conduct the bidding at a sale by public

auction unless the auction sales business holding the sale is the
holder of a subsisting licence.

(3) No auction sales business may

(a) authorize, permit or direct any of its employees, or

(b) engage, permit or authorize any other individual

to conduct the bidding at a sale by public auction held by the

auction sales business unless the employee or individual meets the
qualifications for an auctioneer under the regulations.
RSA 2000 cF-2 s121;2005 c9 s40

122 Repealed 2005 c9 s41.

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Section 123 CONSUMER PROTECTION ACT Chapter C-26.3

Removal of goods purchased

123 When a sale by public auction is held,

(a) no purchaser may remove, and

(b) no auctioneer and no auction sales business or its employees

may permit to be removed

from the place at which the sale is held any goods purchased at the
sale unless the purchase price of the goods is first paid to the
auction sales business or other arrangements satisfactory to the
auction sales business are made for payment of the purchase price.
1998 cF-1.05 s123

Regulations
124 The Minister may make regulations

(a) respecting the qualifications of auctioneers;

(b) specifying activities that constitute carrying on the activities

of holding sales by public auction for the purposes of this
Act;

(c) respecting standards of conduct to be followed and

requirements to be met by auction sales businesses and
auctioneers in connection with any activities referred to in
section 121(1)(a) to (c) or the regulations under clause (b);

(d) respecting the duty of auction sales businesses and

auctioneers to determine if goods to be sold at a public
auction are subject to a mortgage, charge, lien or
encumbrance;

(e) respecting the duty and liability of auction sales businesses

and auctioneers if goods sold at a public auction are subject
to a mortgage, charge, lien or encumbrance;

(f) respecting the conditions of sale by public auction,

including the requirement to communicate those conditions
to bidders;

(g) respecting the contents of statements made by auction sales

businesses or auctioneers or any employee or agent of an
auction sales business or an auctioneer concerning goods
intended for sale by public auction, terms of sale or the
policies or services of the auction sales business or
auctioneer.
RSA 2000 cF-2 s124;2005 c9 s42

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Section 124.01 CONSUMER PROTECTION ACT Chapter C-26.3

Part 12.01
High-cost Credit
Definitions
124.01 In this Part,

(a) “high-cost credit agreement” means a credit agreement that

provides for a rate of 32% or more as calculated in
accordance with the regulations, and includes a lease but
does not include a payday loan;

(b) “high-cost credit business” means the activity of offering,

arranging for or entering into a high-cost credit agreement.
2017 c18 s1(12)

Licence required
124.02(1) No person shall provide high-cost credit or carry on the
activities of the high-cost credit business unless the person is the
holder of a high-cost credit business licence issued under this Act.

(2) No person may claim or advertise that the person is a high-cost

credit business operator or carries on the activities of the high-cost
credit business unless the person is the holder of a high-cost credit
business licence issued under this Act.

(3) A high-cost credit business operator shall, in accordance with

the regulations,

(a) disclose information respecting high-cost credit agreements,

and

(b) use prescribed agreements or contract terms for providing

high-cost credit.

(4) If required to do so by the applicable regulation, a person who

carries on the activities of the high-cost credit business at more
than one location must hold a separate licence issued under this Act
for each location that authorizes the person to carry on that
business.

(5) The Minister may make regulations respecting the high-cost

credit business including, without limitation, regulations

(a) respecting the calculation of the rate referred to in section

124.01(a);

(b) specifying activities that constitute engaging in the high-cost

credit business for the purposes of this Part;

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Section 124.02 CONSUMER PROTECTION ACT Chapter C-26.3

(c) respecting the licensing of high-cost credit business

operators;

(d) respecting the disclosure of information by high-cost credit

business operators;

(e) respecting the form and content of agreements or contract

terms used by high-cost credit business operators;

(f) respecting the duties and obligations of persons carrying on,

or engaged or employed in the high-cost credit business;

(g) prescribing or adopting, with or without modification,

codes, standards or rules governing

(i) the manner of carrying on the high-cost credit business,

(ii) experience and education requirements and requirements

as to the financial responsibility of persons carrying on
or wishing to carry on the high-cost credit business,

(iii) the type and condition of premises and equipment used

in the high-cost credit business,

(iv) lending practices for high-cost credit business operators,

and

(v) the conduct of persons engaged in carrying on the

high-cost credit business;

(h) respecting the manner of informing members of the public

of

(i) any sale of or dealing with goods, products or

services of the high-cost credit business operator, and

(ii) contraventions of this Part;

(i) respecting terms and conditions for a high-cost credit

business operator that has contravened this Part or the
regulations made under this Part to continue operating as a
high-cost credit business operator under this Part;

(j) respecting the suspension or cancellation of a high-cost

credit business licence;

(k) prescribing in respect of any high-cost credit business

operator that the approval of any authority specified by the
Minister is required for the obtaining or renewal of a licence
or the establishment of that business;

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Section 124.1 CONSUMER PROTECTION ACT Chapter C-26.3

(l) respecting advertising by high-cost credit business

operators;

(m) requiring that specified records be maintained by any class

of high-cost credit business operator;

(n) exempting a person or class of persons from high-cost credit

business licensing requirements.
2017 c18 s1(12)

Part 12.1
Payday Loans
Interpretation
124.1 In this Part,

(a) “cash card” means a card or other device issued, supplied or

provided by a payday lender to the borrower of a payday
loan, instead of an advance of cash or a transfer of money to
the order of the borrower, that can be used to obtain cash or
acquire goods and services, but does not include a credit
card;

(b) “discounting” means the practice of deducting or

withholding from the initial advance of a payday loan an
amount representing any portion of the cost of borrowing;

(c) “licence” means a payday loan business licence;

(d) “pay period” means

(i) the period from the date on which a payday loan is

entered into until the day on which the borrower next
receives his or her pay or other income, or

(ii) a period during the term of a payday loan from the day
on which a borrower receives his or her pay or other
income until the day on which the borrower next
receives his or her pay or other income;

(e) “payday lender” means a person who offers, arranges or

provides payday loans;

(f) “payday loan” means any advancement of money with a

principal of $1500 or less and a term of 62 days or less
made in exchange for a post-dated cheque, a pre-authorized
debit or a future payment of a similar nature, but not for any
guarantee, suretyship, overdraft protection or security on
property and not through a margin loan, pawnbrokering, a
line of credit or a credit card;

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Section 124.11 CONSUMER PROTECTION ACT Chapter C-26.3

(g) “payday loan business” means the activity of offering,

arranging for or providing payday loans by a payday lender;

(h) “rollover loan” means the extension or renewal of a payday

loan that imposes additional fees or charges on the
borrower, other than interest, and includes the advancement
of a new payday loan to pay out an existing payday loan.
2016 cE-9.5 s8

Application
124.11 This Part applies

(a) to every payday lender who offers, arranges or provides a

payday loan to a borrower in Alberta, whether the payday
lender operates from business premises or on the Internet,
and

(b) to each payday loan, regardless of the number of payday

lenders involved in the payday loan.
2016 cE-9.5 s8

Express consent
124.12 The express consent referred to in this Part must be in a
verifiable form, including, but not limited to, writing and audio
recordings.
2016 cE-9.5 s8

Prohibited practices
124.2(1) A payday lender shall not engage in any of the following
practices:

(a) discounting the principal amount of a payday loan;

(b) collecting or receiving any fees or charges before the first

payday loan instalment payment is due;

(c) granting a rollover loan;

(d) accepting a cheque from a borrower that is not payable to

the payday lender;

(e) subject to the regulations, requiring a payday loan

instalment payment to be due on a day before the day on
which a borrower will receive his or her pay or other income
for the pay period to which that instalment payment relates;

(f) requiring, requesting or accepting information or consent

that would give the payday lender or a third party direct
access to a borrower’s bank account, other than information

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Section 124.2 CONSUMER PROTECTION ACT Chapter C-26.3

required for pre-authorization for repayment of a specific

payday loan;

(g) attempting to process a payday loan instalment payment

before the day on which it is due;

(h) making withdrawals from a borrower’s account without the

express consent of the borrower;

(i) charging any amount to a borrower to whom the payday

lender provides a payday loan in addition to the fees
provided for in the agreement with that borrower in relation
to the payday loan;

(j) charging a fee for converting a payday loan cheque issued

by the payday lender to cash;

(k) failing to include the name of the payday lender as shown

on the payday lender’s licence in all contact and
correspondence with the borrower;

(l) making any call in person or by telephone for the purpose of

collecting or attempting to collect an outstanding payday
loan payment except between 7 a.m. and 10 p.m. in Alberta;

(m) directly or indirectly threatening or stating an intention to

proceed with any action for which there is no lawful
authority;

(n) contacting an individual other than the borrower for the

purposes of collecting or attempting to collect an
outstanding payday loan payment;

(o) contacting or attempting to contact any individual in respect

of an outstanding payday loan payment by any means in
such a manner as to constitute harassment, including but not
limited to

(i) the use of threatening, profane, intimidating or coercive

language,

(ii) the use of undue, excessive or unreasonable pressure, or

(iii) the use of telephone, e-mail, a call in person or other

methods of contact, other than traditional mail, to call or
send messages excessively;

(p) giving any person, directly or indirectly, by implication or

otherwise, any false or misleading information, including

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Section 124.2 CONSUMER PROTECTION ACT Chapter C-26.3

but not limited to references to the police, a law firm, prison,

credit history, court proceedings or a lien or garnishment;

(q) contacting a borrower’s spouse or adult interdependent

partner, relative, neighbour, friend or acquaintance unless
the contact is limited to the purpose of obtaining the
borrower’s residential address, personal telephone number
or employment telephone number;

(r) contacting a borrower’s employer for any purpose other than

to confirm the borrower’s employment status and business
title, the business address of the borrower’s place of
employment or the date of the borrower’s next payday;

(s) contacting a borrower at the borrower’s place of

employment for the purposes of collecting or attempting to
collect an outstanding payday loan payment;

(t) contacting a borrower at the borrower’s place of

employment, for any reason other than collecting or
attempting to collect an outstanding payday loan payment, if
the borrower

(i) requests the payday lender not to contact the borrower

there,

(ii) makes reasonable arrangements to discuss the payday

loan with the payday lender, and

(iii) discusses the payday loan with the payday lender in

accordance with the arrangements;

(u) communicating information about a payday loan or the

existence of a payday loan to any person without the express
consent of the borrower;

(v) entering into or arranging wage assignments with a

borrower or the employer of a borrower;

(w) publishing or threatening to publish a notice of a borrower’s

failure to pay;

(x) giving false, misleading or deceptive information in

advertisements, solicitations or negotiations with respect to
a payday loan;

(y) soliciting, negotiating or entering into an agreement with a

borrower respecting another form of credit at a time when a
payday loan entered into by the borrower is outstanding;

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Section 124.21 CONSUMER PROTECTION ACT Chapter C-26.3

(z) actively soliciting individuals through direct contact by

mail, phone, fax, e-mail or a social media website.

(2) A payday lender shall not attempt to collect an outstanding

payday loan more than 3 years after the date of the last payment or
written acknowledgment by the borrower.
2016 cE-9.5 s8

Tied selling prohibited

124.21(1) A payday lender shall not make a payday loan
contingent on the supply of other goods or services.

(2) A payday lender shall not include a term or condition relating

to the supply of other goods or services in any payday loan
agreement.

(3) A payday lender shall ensure that each payday loan agreement
includes a statement that the supply of other goods or services is
separate and optional.

(4) The statement referred to in subsection (3) must be initialled by

the borrower.
2016 cE-9.5 s8

Instalment payments
124.3(1) A payday lender shall ensure that a payday loan
agreement provided to a borrower contains a term requiring the
borrower to repay the payday loan through an instalment plan.

(2) The payday lender shall ensure that the instalment plan allows
the borrower to repay the loan over a period of at least 42 days and
no more than 62 days regardless of any other term stated in the
payday loan agreement.

(3) A payday lender shall ensure that

(a) if the borrower is paid or otherwise receives income on a

semi-monthly, bi-weekly or more frequent basis, the payday
loan agreement specifies that repayment is to be spread over
at least 3 pay periods, or

(b) if the borrower is paid or otherwise receives income on a

basis that is less frequent than those referred to in clause (a),
the payday loan agreement specifies that repayment is to be
spread over at least 2 pay periods.

(4) A borrower may pay all or part of the outstanding balance

under a payday loan agreement at any time without incurring any
prepayment charge or penalty, regardless of the number of
instalments remaining.
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Section 124.31 CONSUMER PROTECTION ACT Chapter C-26.3

(5) A payday lender shall comply with requirements respecting

instalment plans as set out in the regulations.
2016 cE-9.5 s8

Financial literacy information

124.31 A payday lender shall

(a) display financial literacy information, and

(b) provide borrowers with financial literacy information

as required by the regulations.

2016 cE-9.5 s8

Cancellation period
124.4(1) A borrower under a payday loan agreement may, without
any reason, cancel the agreement

(a) until the end of the 2nd day after the payday lender gives a
copy of the agreement to the borrower, if the payday lender
is open for business on that day, or

(b) if the payday lender is not open for business on the day
referred to in clause (a), until the end of the first day after
that day that the payday lender is open for business.

(2) A borrower who wishes to cancel a payday loan agreement

must

(a) give written notice to the payday lender within the time
period set out in subsection (1), and

(b) return to the payday lender the full amount received by the
borrower.

(3) In giving notice of cancellation under subsection (2), a

borrower may

(a) use the copy of the cancellation notice provided by the

payday lender under section 124.5(2), or

(b) provide notice in writing, signed by the borrower, of the

borrower’s intention to cancel the payday loan agreement.

(4) On receiving notice of cancellation from a borrower and

repayment of the full amount received by the borrower in
accordance with subsections (2) and (3), the payday lender shall
give the borrower an acknowledgment of the receipt of the loan
cancellation.

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Section 124.41 CONSUMER PROTECTION ACT Chapter C-26.3

(5) An acknowledgment of the receipt of a loan cancellation under

subsection (4) must be in the form submitted to the Director under
the regulations.

(6) A payday lender shall not charge

(a) interest on a payday loan that has been cancelled, or

(b) a fee for the cancellation of a payday loan.

2016 cE-9.5 s8

Standard content of agreements, forms,

other documents
124.41(1) The Director may establish standard content for
agreements, forms and other documents used by payday lenders,
including, but not limited to, payday loan agreements, cancellation
forms, receipts and pre-authorized debit agreements.

(2) If the Director establishes standard content for a document, a

payday lender shall use that standard content.
2016 cE-9.5 s8

Agreement and advance

124.5(1) A payday lender shall ensure that the terms, information
and statements contained in payday loan documents are clear and
comprehensible.

(2) A payday lender shall give a borrower a copy of the payday

loan agreement at the time it is entered into by the borrower,
together with a copy of the cancellation notice that may be used by
the borrower for the purposes of section 124.4.

(3) With the borrower’s express consent, a payday lender may, for
the purposes of subsection (2), provide a copy of the full payday
loan agreement and any required accompanying documentation by
e-mail sent to the address provided by the borrower for that
purpose, or by other electronic means.

(4) A payday lender shall ensure that the proceeds of the payday
loan are delivered to the borrower no later than at the time of
entering into the payday loan agreement.

(5) In the case of a payday loan obtained by means of the Internet

or by telephone, the payday lender is deemed to have complied
with subsection (4) if the payday lender delivers instructions to the
payday lender’s financial services provider to transfer the amount
of the advance to the borrower on the same day as the day on which
the payday loan agreement is entered into by both the borrower and
the payday lender.

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Section 124.51 CONSUMER PROTECTION ACT Chapter C-26.3

(6) For the purposes of subsection (5), “financial services

provider” includes a bank listed in Schedule I, II or III of the Bank
Act (Canada), a treasury branch, a credit union, a trust corporation
or loan corporation registered under the Loan and Trust
Corporations Act or an organization that provides remote funds
transfers, electronic funds transfers or any similar method of
transferring money.
2016 cE-9.5 s8

Acknowledgment of receipt of payment

124.51(1) On receiving payment from a borrower in person at its
business premises, the payday lender shall immediately give the
borrower an acknowledgment of the receipt of that payment, in the
form submitted to the Director under the regulations.

(2) The payday lender shall ensure that the acknowledgment

referred to in subsection (1) or (4) specifies

(a) the name of the borrower,

(b) the date of payment,

(c) the agreement number of the payday loan in respect of

which the payment was made,

(d) the amount paid, and

(e) the amount still owing in respect of the payday loan, if any.

(3) For the purposes of subsection (1), with the express consent of
the borrower, a payday lender may provide a copy of an
acknowledgment of the receipt of payment by e-mail or by other
electronic means.

(4) On receiving payment from a borrower by means other than in

person at its business premises, the payday lender shall provide an
acknowledgment of the receipt of that payment to the borrower
electronically sent to the e-mail address provided by the borrower,
in the form submitted to the Director under the regulations.
2016 cE-9.5 s8

Payout of balance on cash card

124.6(1) If in respect of a payday loan the payday lender issues a
cash card to the borrower, the borrower is entitled to be paid in
cash the amount of credit remaining on the card where

(a) the balance of credit remaining on the cash card is less than
$25, or

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Section 124.61 CONSUMER PROTECTION ACT Chapter C-26.3

(b) the payday loan has been repaid by the borrower and the
cash card has expired.

(2) If the borrower is entitled to be paid a balance under subsection

(1) and returns the cash card to the payday lender, the payday
lender shall immediately pay the balance on demand by the
borrower.
2016 cE-9.5 s8

Maximum allowable cost of borrowing

124.61(1) A payday lender shall not charge, require or accept a
total cost of borrowing that exceeds 15% of the principal amount of
the payday loan.

(2) The maximum total cost of borrowing under subsection (1)

must include the fees for all mandatory and optional services
provided by the payday lender in relation to a payday loan and any
other fees or charges set out in the regulations.

(3) In addition to the cost set out in subsection (1), if a borrower

fails to repay the amount specified in the payday loan agreement,
the payday lender may charge the following:

(a) interest at a rate of 2.5% per month, not to be compounded;

(b) a one-time fee in an amount determined by the Director for

each dishonoured cheque or dishonoured pre-authorized
debit.
2016 cE-9.5 s8

Consequence of failure to comply

124.7 If, in respect of section 124.2, 124.21, 124.3, 124.5(2) or
(4), 124.51(1), (2) or (4), 124.6 or 124.61, any requirement is not
complied with or any prohibition is contravened,

(a) all amounts in respect of the payday loan except the

principal cease to be permissible charges, and

(b) the borrower is not liable to pay the payday lender any
amount that exceeds the principal of the payday loan.
2016 cE-9.5 s8

Signs and notices

124.8(1) A payday lender shall prominently display at each of the
payday lender’s business premises

(a) a sign visible to borrowers immediately when they enter the

premises, and

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Section 124.81 CONSUMER PROTECTION ACT Chapter C-26.3

(b) a sign visible to borrowers at each place within the premises

where a payday loan is negotiated.

(2) Subject to the regulations, the payday lender shall ensure that
the signs required under subsection (1) contain only the following
wording or information in the following order:

(a) the words “Maximum total cost of borrowing permitted in

Alberta for a payday loan: $15 per $100 lent”;

(b) the words “We charge ________”, indicating the payday

lender’s total charges for a payday loan;

(c) the words “Payday loans are a form of high-cost credit”;

(d) the words “This information meets the requirements of the

Consumer Protection Act”;

(e) the payday lender’s licence number;

(f) any other wording or information prescribed by the

regulations.

(3) If a payday lender offers payday loans with varying costs of

borrowing, the payday lender shall ensure that the sign wording
referred in subsection (2)(a) indicates the highest cost of borrowing
that the payday lender charges any borrower.

(4) A payday lender who engages in the payday loan business by

means of the Internet shall display the wording and information
required under subsection (2) on a page of the payday lender’s
website that precedes the payday loan application.

(5) A payday lender who engages in the payday loan business by

telephone shall disclose to a prospective borrower the wording and
information required under subsection (2).
2016 cE-9.5 s8;2017 c18 s1(13)

Creation, retention of records

124.81(1) A payday lender shall create and maintain records
relating to the payday lender’s collection activities with respect to
each payday loan, including but not limited to records respecting

(a) letters, e-mail and other correspondence sent to the

borrower, and

(b) logs of telephone calls and other records of contact such as

note lines.

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Section 124.9 CONSUMER PROTECTION ACT Chapter C-26.3

(2) A payday lender shall retain the following documents and

records in respect of each payday loan for a period of 3 years after
the date on which the payday loan was fully repaid, or after the
later of the date of default or the date of last payment, if the loan is
not fully repaid:

(a) each payday loan agreement;

(b) each acknowledgment of receipt of payment;

(c) any notice of cancellation;

(d) the documents and records referred to in subsection (1);

(e) any other documents in respect of the payday loan.

2016 cE-9.5 s8

Use, disclosure of personal information

124.9 A payday lender shall ensure that personal information that
is contained in an application for a payday loan, a payday loan
agreement or other documents in respect of a payday loan

(a) is used or disclosed only for the purpose of providing,

administering or collecting a payday loan, and

(b) is not used or disclosed in connection with the provision of

any other goods or services.
2016 cE-9.5 s8

Regulations
124.91 The Minister may make regulations

(a) respecting repayment of payday loans by instalment

payments;

(b) respecting pre-authorized debit, including pre-authorized

debit agreements;

(c) respecting advertising, including advertising outside and

inside the business premises of a payday lender;

(d) respecting the provision and display of financial literacy

information;

(e) respecting the total cost of borrowing, including, without

limitation, regulations respecting

(i) the calculation of the total cost of borrowing, and

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 RSA 2000
Section 125 CONSUMER PROTECTION ACT Chapter C-26.3

(ii) the fees and charges to be included in and excluded from

the total cost of borrowing;

(f) respecting the signs and notices at a payday lender’s

business premises;

(g) respecting the duties and obligations of payday lenders;

(h) respecting standards or rules governing payday lenders;

(i) defining words used but not defined in this Part;

(j) providing for any transitional matters the Minister considers

necessary to ensure the transition of matters respecting
payday loans to this Part.
2016 cE-9.5 s8

Part 13
Licensing
Definition
125 In this Part, “conviction” means a conviction for an offence
under any criminal or other law in force in Alberta or elsewhere
that, in the Director’s opinion, indicates that the person convicted is
unsuitable to be licensed under this Act.
1998 cF-1.05 s125

Application for licence

126(1) A person who wishes to be licensed or to have a licence
renewed under this Act must submit to the Director

(a) an application on a form established by the Director,

(b) any additional information that is requested by the Director,

including a criminal record check or authorization to obtain
a criminal record check,

(c) the fee established under the regulations, and

(d) if the regulations require a security or payment into an

assurance fund approved by the Director to be submitted in
respect of the class of licence applied for, a security or proof
of payment into the assurance fund that meets the
requirements of the regulations.

(2) The application and other information submitted under

subsection (1) must, on the request of the Director, be verified by
affidavit or in another manner that is satisfactory to the Director.

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Section 127 CONSUMER PROTECTION ACT Chapter C-26.3

(3) A person who makes a false statement of fact or misrepresents

any fact or circumstance in any application or document submitted
to the Director under this Act commits an offence.
RSA 2000 cF-2 s126;2005 c9 s43

Refusal, suspension, cancellation, terms

127 The Director may refuse to issue or renew a licence, may
cancel or suspend a licence and may impose terms and conditions
on a licence for the following reasons:

(a) the applicant or licensee does not or no longer meets the

requirements of this Act and the regulations with respect to
the class of licence applied for or held;

(b) the applicant or licensee or any of its officers or employees

(i) fails to comply with an order of the Director under

section 129 or 157, unless, in the case of an order under
section 129 or 157, the order has been stayed,

(i.1) fails to repay a fund created under section 137 in respect

of amounts paid out in claims against the licensee,

(i.2) fails to pay a levy of assessment under section 136(8) or

a levy of assessment for a fund created under section
137,

(ii) fails to comply with a direction of the Director under

section 151(3),

(iii) furnishes false information or misrepresents any fact or

circumstance to an inspector or to the Director,

(iv) fails to comply with an undertaking under this Act,

(v) has, in the Director’s opinion, contravened this Act or

the regulations or a predecessor of this Act,

(v.1) fails to comply with any other legislation that may be

applicable,

(vi) fails to pay a fine imposed under this Act or a

predecessor of this Act or under a conviction or fails to
comply with an order made in relation to a conviction,

(vii) is convicted of an offence referred to in section 125 or is

serving a sentence imposed under a conviction, or

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 RSA 2000
Section 128 CONSUMER PROTECTION ACT Chapter C-26.3

(viii) fails to pay, in accordance with the notice of

administrative penalty and the regulations, an
administrative penalty imposed under this Act;

(c) in the opinion of the Director, it is in the public interest to

do so.
RSA 2000 cF-2 s127;2005 c9 s44;2008 c43 s4;
2012 c7 s1;2017 c18 s1(14)

Notice
128(1) Before refusing to issue or renew a licence and before a
licence is suspended or cancelled or terms or conditions are
imposed, the applicant or licensee must be given

(a) written notice of the proposed refusal, suspension or

cancellation or the proposed terms and conditions with
reasons, and

(b) an opportunity to make representations to the Director.

(2) Despite subsection (1), the Director may suspend the licence of
a licensee without notice or an opportunity to make representations
if the licensee is being investigated under this Act and the Director
is of the opinion that the licensee has misappropriated or will
misappropriate funds that the licensee is required to hold in trust.
1998 cF-1.05 s128

Order against agents and others

129 When the Director cancels or suspends the licence of a
person, the Director may by order prohibit any designated agent as
defined in section 102, salesperson or anyone else who is acting on
behalf of that person from engaging in the business or carrying out
an activity that was authorized by the licence, and the order may
contain any terms or conditions that the Director considers
appropriate.
1998 cF-1.05 s129

Security
130(1) When a security submitted by a licensee is no longer in
force, the licence is suspended and remains suspended until the
licensee submits to the Director a new security that meets the
requirements of the regulations.

(2) When the Director increases, in accordance with the

regulations, the amount of security that is to be provided by a
licensee before the term of the licence ends and the licensee does
not provide a security in the increased amount by the time specified
by the Director, the licence is suspended and remains suspended

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 RSA 2000
Section 131 CONSUMER PROTECTION ACT Chapter C-26.3

until the licensee submits to the Director a security in the increased

amount.

(3) Where a licensee who is required under the regulations to be

covered by an assurance fund approved by the Director is no longer
covered by that assurance fund, the licence is suspended.
RSA 2000 cF-2 s130;2005 c9 s45

Term of licence
131 The length of the term of a licence is specified in the
regulations.
1998 cF-1.05 s131

Duty to maintain records

132(1) Every licensee and former licensee must create and
maintain

(a) complete and accurate financial records of its operations in

Alberta for at least 3 years after the records are made, and

(b) other records and documents described in the regulations for

the period specified in the regulations.

(2) Every licensee and former licensee must make the records
referred to in subsection (1) available for inspection by an inspector
at a place in Alberta and at a time specified by the inspector.
RSA 2000 cF-2 s132;2005 c9 s46

Trust accounts
133 Every licensee must comply with the requirements respecting
trust accounts established by the regulations under section 143.
1998 cF-1.05 s133

Notification of changes
134(1) Every licensee must notify the Director in writing within
15 days of

(a) a change in the address of the licensee’s business office,

(b) a change in the partners of the business if the licence is

issued to a partnership, or

(c) a change in the officers or directors of the corporation if the

licence is issued to a corporation.

(2) A person issued a licence who ceases to carry on the activities

for which the licence was issued must notify the Director within 15
days of the cessation of the activities and return the licence with the
notification.
RSA 2000 cF-2 s134;2005 c9 s47

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Section 135 CONSUMER PROTECTION ACT Chapter C-26.3

Appeal
135 A person

(a) who has been refused a licence or renewal of a licence,

(b) whose licence is made subject to terms and conditions,

(c) whose licence has been cancelled or suspended under

section 127, or

(d) who has been issued an order under section 129,

may appeal under section 179.

1998 cF-1.05 s135

Delegation to regulatory boards

136(1) The Minister may make regulations

(a) providing for the establishment of regulatory boards to

exercise the powers and perform the duties and functions
delegated to them under subsection (5);

(b) respecting the appointment of the directors of a regulatory

board, including, without limitation, respecting the number
of directors, the removal of directors, the terms of office of
directors and the filling of vacancies of directors;

(c) respecting the functions, powers, duties, remuneration and

benefits of directors and officers of a regulatory board;

(d) respecting whether or not a regulatory board is an agent of

the Crown;

(e) respecting the powers of a regulatory board, including,

without limitation, regulations specifying that a board has
all the powers of a natural person;

(f) respecting any other governance matters, as the Minister

considers necessary, including, without limitation,
regulations respecting the conduct of regulatory board
meetings and decision making by the regulatory board.

(2) A regulatory board may make bylaws

(a) respecting the conduct of the business and affairs of the

board;

(b) respecting the calling of meetings of the directors and the

conduct of business at those meetings;

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Section 136 CONSUMER PROTECTION ACT Chapter C-26.3

(c) respecting the appointment, removal, functions, powers,

duties, remuneration and benefits of directors, officers and
employees of the board;

(d) delegating to the officers of the board or any committee of it

any powers of the board required to manage the business
and affairs of the board, except the power to make bylaws;

(e) respecting the establishment, membership, duties and

functions of special, standing and other committees.

(3) A bylaw made by a regulatory board is not effective until it is

approved by the Minister.

(4) The Regulations Act does not apply to a bylaw of a regulatory

board.

(5) The Minister may by notice in writing to a regulatory board

(a) delegate to a regulatory board any or all of the Director’s

powers, duties or functions under this Act and the
regulations,

(b) impose any conditions on the regulatory board’s exercise of

the delegated powers, duties or functions that the Minister
considers appropriate, and

(c) amend or revoke the notice.

(6) Where the Minister makes a delegation under subsection (5), a

reference in this Act or the regulations to the Director with respect
to the delegated power, duty or function is to be read as if it were a
reference to the regulatory board to whom the delegation was
made.

(7) The Minister may make regulations respecting

(a) the collection of fees by a regulatory board on the

Government’s behalf and their remittance to the Minister,
and

(b) the payment of a commission to a regulatory board for its

services under this subsection.

(8) A regulatory board may, with the approval of the Minister,

collect money by the levy of assessments on licensees and
designated agents as defined in section 102 for the purpose of
enabling the board to carry out the powers, duties and functions
delegated to it under subsection (5).

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Section 137 CONSUMER PROTECTION ACT Chapter C-26.3

(9) A person may not, without the written consent of the Minister,
disclose any information that the person has obtained in the course
of exercising delegated authority under this section.

(10) No action or other proceeding for damages may be

commenced against a regulatory board, a director or employee of
the board or a person appointed or engaged to perform a duty or
exercise a power for the board

(a) for any act done in good faith in the performance or

intended performance of any duty or the exercise or
intended exercise of any power under this Act, the
regulations or the bylaws, or

(b) for any neglect or default in the performance of the duty or

exercise of the power in good faith.
RSA 2000 cF-2 s136;2005 c9 s48;2006 c23 s28;
2017 c18 s1(15)

Establishment of fund by regulatory board

137(1) A regulatory board may create a fund to be used for the
following purposes:

(a) to pay claims of persons who have suffered loss or damage

arising out of the operation of a business by a licensee;

(b) any other purposes authorized by the regulations.

(2) Subject to the regulations, the regulatory board may collect

money by the levy of assessments on

(a) licensees, and

(b) designated agents as defined in section 102

who are engaged or employed in a business in respect of which

powers, duties or functions have been delegated to the board under
section 136(5).

(3) The money collected under subsection (2) and any income
from the investment of that money must be credited to the fund.

(4) A regulatory board is deemed to hold in trust all money

credited to a fund and must immediately deposit that money in a
trust account in a bank, treasury branch, trust corporation or credit
union in Alberta, separate and apart from any other money of the
regulatory board.

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Section 137 CONSUMER PROTECTION ACT Chapter C-26.3

(5) Despite subsections (3) and (4), a regulatory board may, from
the income from the investment of the money in a fund, pay the
administrative costs associated with the fund.

(6) If the income from the investment of the money in a fund is

insufficient to pay the administrative costs associated with the
fund, the regulatory board may collect money to pay those costs by
the levy of assessments on licensees and designated agents as
defined in section 102 in accordance with the regulations.

(7) The Minister may make regulations

(a) respecting purposes for which the money in a fund may be

used, in addition to the purpose referred to in subsection
(1)(a);

(b) respecting the investment of the money in a fund that is not

currently required for disposition;

(c) respecting the protection, by insurance or other means, of

the money in a fund against claims or losses;

(d) respecting the administration of a fund and the levy and

collection of assessments for a fund;

(e) requiring a regulatory board to make a report to the Minister

and respecting the nature and contents of such a report and
the times at which it must be made;

(f) respecting the kinds of claims that may be paid from a fund
and the conditions to be met before any claim is paid from a
fund;

(g) respecting the limits of liability of a fund;

(h) respecting the time period within which claims against a

fund must be made;

(h.1) respecting appeals from claims decisions;

(h.2) respecting the giving of notices related to claims against a

fund;

(i) providing for the recovery by the regulatory board from a

licensee or designated agent as defined in section 102 of
amounts paid from the fund to a claimant in respect of a
claim against the licensee or designated agent for loss or
damage arising out of the operation of a business by the
licensee or that involved the designated agent;

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(j) respecting the winding-up of a fund.

RSA 2000 cF-2 s137;2017 c18 s1(16)

Review respecting regulatory board

137.1(1) The Minister may, whenever the Minister considers it
necessary, review or appoint a person to review

(a) the conduct of a regulatory board,

(b) any matter relating to a fund created by a regulatory board

under section 137, or

(c) any matters relating to the operations, powers, duties or

functions of a regulatory board.

(2) The Minister or other person conducting a review under

subsection (1)

(a) may require the attendance of any members, directors,

officers, employees or agents of the regulatory board or of
any other person whose presence is considered necessary
during the course of the review, and

(b) has the same powers, privileges and immunities as a

commissioner under the Public Inquiries Act.

(3) When required to do so by the Minister or other person

conducting a review, a person referred to in subsection (2)(a) must
produce for review all books and records that are in that person’s
possession or under that person’s control that are relevant to the
subject-matter of the review.

(4) A person, other than the Minister, who conducts a review must
forthwith on concluding the review report in writing to the
Minister.
2016 c8 s3

Ministerial order after review

137.2(1) After concluding a review or receiving a report under
section 137.1, the Minister may, by order,

(a) direct that the regulatory board or any member, director,

officer or employee of the regulatory board take any action
that the Minister considers appropriate in the circumstances,
and

(b) provide for the procedure to be followed and reporting to be

performed in relation to any direction given under clause
(a).

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Section 137.2 CONSUMER PROTECTION ACT Chapter C-26.3

(2) If an order under subsection (1) is not complied with to the

satisfaction of the Minister, the Minister may, by order, do any or
all of the following:

(a) appoint an administrator;

(b) dismiss or suspend any member, director, officer or

employee of the regulatory board;

(c) direct that new members, directors, officers or employees be

appointed to or employed by the regulatory board.

(3) The Minister may, by order,

(a) provide for payment of remuneration and expenses to the

administrator, and

(b) order the regulatory board to pay the remuneration and

expenses of the administrator at the rates set by the Minister.

(4) An administrator appointed under this section

(a) has all the powers and functions related to the management
and operation of the regulatory board, including the powers
of the board of directors, and

(b) is responsible for all the duties

(i) of the regulatory board under this Act, including the

delegated powers, duties and functions of the Director,
and

(ii) of the board of directors of the regulatory board.

(5) An order under this section takes effect when it is made or at

the time specified in the order, and the regulatory board or member,
director, officer or employee of the regulatory board, as the case
may be, to whom an order under subsection (1) is directed must
comply with the order within the time period specified in the order,
if any, or otherwise within 45 days after the order is made.

(6) An order under this section prevails over

(a) any provision of the legislation under which the regulatory

board is incorporated, and

(b) bylaws, articles or rules of the regulatory board.

2016 c8 s3

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Section 137.3 CONSUMER PROTECTION ACT Chapter C-26.3

Notice of ministerial order

137.3(1) Before making an order under section 137.2, the
Minister shall provide the affected regulatory board and any
affected member, director, officer or employee of the regulatory
board with at least 20 days’ notice in writing and the opportunity to
make written representations during that notice period.

(2) The Minister may, as the Minister considers appropriate,

extend the notice period under subsection (1).
2016 c8 s3

Ministerial order in public interest without review,

notice, representations
137.4(1) Despite sections 137.1 and 137.2, if the Minister is of the
opinion that it is in the public interest to do so, the Minister may,
by order, do anything that may be done by an order under section
137.2 but

(a) without a review having been conducted, and

(b) without providing notice and the opportunity to make

representations

before making the order.

(2) Section 137.2(4) to (6) apply to an order made under

subsection (1) as if it were made under section 137.2.
2016 c8 s3

Request to revoke or vary ministerial order

made without notice
137.5(1) If the Minister makes an order under section 137.4, a
regulatory board or a member, director, officer or employee of the
regulatory board to whom the order is directed may

(a) make a written request that the Minister revoke or vary the
order, and

(b) make written representations in support of the request

within 20 days after the order is made.

(2) The Minister may, as the Minister considers appropriate,

extend the time for making written representations under
subsection (1).

(3) After a request is made under subsection (1) and any written
representations are made, the Minister shall confirm, vary or
revoke the order.
2016 c8 s3

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Revocation of ministerial order

137.6 The Minister may revoke an order made under section
137.2 or 137.4 on the Minister’s own motion at any time.
2016 c8 s3

Responsibility for review and order costs

137.7 Unless the Minister orders otherwise, a regulatory board is
responsible for all costs and expenses related to

(a) a review conducted in respect of that regulatory board under

section 137.1, and

(b) an order made in respect of that regulatory board under

section 137.2 or 137.4.
2016 c8 s3

Continuation of Alberta Motor Vehicle Industry

Council as corporation
137.8(1) On the coming into force of this section, the society
incorporated as the Alberta Motor Vehicle Industry Council under
the Societies Act is continued as a corporation under the name
Alberta Motor Vehicle Industry Council and as a regulatory board
under this Act.

(2) On the coming into force of this section, all the assets and
liabilities of the society are vested in the corporation and all rights
of action and actions by or against the society may be continued by
or maintained against the corporation.

(3) Section 4 of the Companies Act does not apply to the Alberta
Motor Vehicle Industry Council.
2017 c18 s1(17)

Act, regulations prevail

137.9 In the event of an inconsistency or conflict between the
bylaws of a regulatory board and this Act or the regulations, this
Act or the regulations prevail to the extent of the inconsistency or
conflict.
2017 c18 s1(17)

Transitional regulations, matters

137.91(1) The Minister may make regulations

(a) respecting the transition, winding up or dissolution of a

regulatory board, including the transfer from a regulatory
board to the Government of Alberta of

(i) any of the powers, duties or other matters relating to, and
any obligations, liabilities, rights and interests
respecting, a regulatory board,
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Section 137.92 CONSUMER PROTECTION ACT Chapter C-26.3

(ii) the responsibility for all or part of the operations of the

regulatory board,

(iii) employees of a regulatory board,

(iv) records of a regulatory board,

(v) any unspent levies or fees, and

(vi) any applications, appeals, hearings, inquiries,

investigations and other proceedings of the regulatory
board that have not been completed before the coming
into force of this section;

(b) respecting the transfer of a fund created by a regulatory

board under section 137(1) to the Minister and the
continuation of the fund by the Minister;

(c) respecting any transitional issues in respect of changes in a

fund created by a regulatory board under section 137(1);

(d) to remedy any confusion, difficulty, inconsistency or

impossibility resulting from a transition or transfer of any
matter from a regulatory board to the Minister.

(2) Section 14 of the Financial Administration Act does not apply

to a fund transferred or continued under a regulation made under
subsection (1)(b).

(3) If a fund created by a regulatory board under section 137(1) is

continued by the Minister by a regulation made under subsection
(1)(b), a reference in section 137 to a regulatory board is to be read
as a reference to the Minister.
2017 c18 s1(17)

Transitional regulations re continuation of

Alberta Motor Vehicle Industry Council
137.92 The Minister may make regulations

(a) respecting any transitional matters in respect of the

continuation of the Alberta Motor Vehicle Industry Council
as a corporation under section 137.8;

(b) remedying any confusion, difficulty, inconsistency or

impossibility in respect of the continuation of the Alberta
Motor Vehicle Industry Council as a corporation under
section 137.8.
2017 c18 s1(17)

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Section 138 CONSUMER PROTECTION ACT Chapter C-26.3

Delegation to department head

138 The Minister may, by order, delegate in whole or in part to
any other head of a department of the Public Service the power to
make any regulations under section 136 or 137 that the Minister is
empowered to make, and the Minister may, by order, authorize
another department to make any inspections of any business for the
purposes of this Part.
1998 cF-1.05 s138

Regulations
139 The Minister may make regulations

(a) establishing different classes of licences;

(a.1) establishing standard conditions that will apply to all

licences while they are in force;

(b) respecting the classes of licences and circumstances in

which an applicant for a licence or a renewal of a licence is
required to submit a security;

(c) respecting the form, amount and terms and conditions of a

security;

(d) respecting the terms and conditions under which a security

is forfeited, the persons who are entitled to the proceeds
under the security and the procedures to be followed for
claiming on a security;

(e) respecting a system of resolving disputes involving claims

against a security that claimants and licensees are required
to participate in and providing that decisions under the
system are binding;

(f) respecting conditions and requirements that must be met

before a licence is issued or renewed or that apply during
the term of the licence;

(g) respecting fees for licences and renewals, including

(i) establishing different fees for different businesses or

classes of businesses, and

(ii) establishing different fees for different types of licences;

(h) respecting the length of terms of licences;

(i) respecting the transfer of licences;

(j) respecting the refund of fees;

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Section 140 CONSUMER PROTECTION ACT Chapter C-26.3

(k) respecting the records and documents to be maintained by

licensees and former licensees, including where the records
and documents are to be maintained and the time period for
which they must be maintained.
RSA 2000 cF-2 s139;2005 c9 s49

Registration
140(1) In this section, “licensee” means a person who is required
to be licensed under this Act.

(2) When the Minister specifies in the regulations under

subsection (3) that a person who falls within a specified class is
required to be registered before acting on behalf of a licensee,

(a) a person who falls within that class may not act on behalf of
the licensee unless the person is registered, and

(b) the licensee may not authorize a person who falls within that
class to act on the licensee’s behalf unless the person is
registered.

(3) The Minister may make regulations

(a) specifying that salespersons or other classes of people are

required to be registered before they act on behalf of a
licensee;

(b) establishing a registration scheme for those classes of people

required to be registered;

(c) adopting with or without modification the provisions of this

Act relating to licensing for the purposes of the registration
scheme;

(d) dealing with any matter on which the Minister may make
regulations under section 139 for the purposes of the
registration scheme.
1998 cF-1.05 s140

Part 14
Remedies and Enforcement
Definition
141 In this Part, “regulated person” means

(a) a supplier,

(b) a reporting agency as defined in Part 5,

(c) a loan broker,

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Section 142 CONSUMER PROTECTION ACT Chapter C-26.3

(d) a credit grantor or lessor to which Part 9 applies, or

(e) a person who is required to be licensed under this Act.

1998 cF-1.05 s141

Dispute Resolution

Dispute resolution
142 The Director may provide any person who is involved in a
dispute respecting a matter under this Act with information on
dispute resolution processes, such as arbitration and mediation, and
may establish dispute resolution processes that the parties to the
dispute may choose to use.
1998 cF-1.05 s142

Court Action by Consumer

Court action by consumer re contravention,
failure to comply
142.1(1) When a consumer

(a) has entered into a consumer transaction, and

(b) in respect of that consumer transaction, has suffered damage

or loss due to a contravention of, or failure to comply with,
this Act or the regulations,

that consumer may commence an action in the Court of Queen’s

Bench for relief from that damage or loss against any supplier or
any principal, director, manager, employee or agent of a supplier
who engaged in or acquiesced in the contravention or failure to
comply that caused that damage or loss.

(2) In an action under this section, the Court of Queen’s Bench

may

(a) award damages for damage or loss suffered,

(b) award punitive or exemplary damages,

(c) make an order for

(i) specific performance of the consumer transaction,

(ii) restitution of property or funds, or

(iii) rescission of the consumer transaction,

(d) grant an order in the nature of an injunction restraining the

supplier from contravening or failing to comply with this
Act or the regulations, or

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Section 142.2 CONSUMER PROTECTION ACT Chapter C-26.3

(e) make any directions and grant any other relief the Court
considers proper.

(3) In determining whether to grant any relief under this section by

a regulation and the nature and extent of the relief, the Court of
Queen’s Bench must consider whether the consumer made a
reasonable effort to minimize any damage resulting from the
contravention or failure to comply and to resolve the dispute with
the supplier before commencing the action in the Court.

(4) In an action under this section, the Court of Queen’s Bench

may award costs in accordance with the Alberta Rules of Court.
2017 c18 s1(18)

Provincial Court
142.2 Subject to the jurisdiction of the Provincial Court, an action
under section 142.1(1) may be commenced under Part 4 of the
Provincial Court Act.
2017 c18 s1(18)

Trust Accounts
Regulations
143 The Minister may make regulations

(a) requiring a supplier or licensee, in the situations described in

the regulations, to deposit into a trust account money that is
received in the course of the supplier’s or licensee’s
business;

(b) respecting trust accounts, including where trust accounts

may be established and maintained and when the money has
to be deposited;

(c) respecting who is entitled to the money in a trust account,

the duties and responsibilities of the trustee, the
disbursement of funds from the trust accounts and what
happens if the person entitled to the money in a trust
account cannot be located;

(d) respecting the records to be kept respecting trust accounts,

the period of time that those records are to be maintained
and the audit of trust accounts.
1998 cF-1.05 s143

Inspections and Investigations

Identification of inspectors
144 An inspector who enters any place under the authority of this
Act must, on request,

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Section 145 CONSUMER PROTECTION ACT Chapter C-26.3

(a) produce a document that identifies the person as an

inspector under this Act, and

(b) explain the inspector’s purpose for entering the place.

1998 cF-1.05 s144

Inspection
145(1) An inspector may enter the business premises of a
regulated person at any reasonable time to conduct an inspection to
determine if there is compliance with this Act and the regulations.

(2) If an inspector has reasonable grounds to believe that

(a) books, records or documents of a regulated person are

located in another person’s business premises, and

(b) those books, records or documents are relevant to determine

if there is compliance with this Act or the regulations,

the inspector may enter those other business premises at any

reasonable time.

(3) An inspector may in the course of an inspection request a

person who is working in business premises referred to in
subsection (1) or (2)

(a) to give written or oral replies to questions,

(b) to produce any books, records, documents or other things

and to provide copies of them, and

(c) to provide any other information

to determine if there is compliance with this Act and the

regulations.

(4) An inspector may in the course of an inspection inspect,

examine and make copies of or temporarily remove books, records
or documents or other things that are relevant to determine if there
is compliance with this Act and the regulations.

(5) When an inspector removes any books, records, documents or

other things under subsection (4), the inspector

(a) must give a receipt for them to the person from whom they
were taken,

(b) may make copies of, take photographs of or otherwise

record them, and

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Section 146 CONSUMER PROTECTION ACT Chapter C-26.3

(c) must, within a reasonable time, return them to the person to

whom the receipt was given.

(6) A licensee and any person working in the business premises of

a licensee must co-operate with an inspector acting under the
authority of this section.

(7) A regulated person who is neither a licensee nor a worker in

the business premises of a licensee may refuse to co-operate with
an inspector who is acting under the authority of this section.
1998 cF-1.05 s145

Order compelling assistance in inspections

146(1) For the purpose of enabling an inspector to conduct an
inspection to determine if there is compliance with this Act and the
regulations, the Director may apply to the Court of Queen’s Bench
for an order

(a) compelling a regulated person or an employee or agent of a

regulated person to allow an inspector to enter the business
premises, private dwelling or other place occupied or
controlled by the regulated person, employee or agent;

(a.1) requiring a regulated person, employee or agent to produce

for the inspector’s examination books, records, documents
or other things relevant to the inspection;

(b) authorizing the inspector to copy or remove the books,

records, documents or other things on any terms that the
Court considers appropriate;

(c) requiring a regulated person or an employee or agent of a

regulated person to co-operate with the inspection on any
terms that the Court considers appropriate;

(d) authorizing the inspector, if charges are laid or a formal

administrative process is commenced as a result of the
inspection, to retain books, records documents or other
things until the charges have been formally disposed of or
the administrative process has been concluded.

(2) The Court of Queen’s Bench may grant an order under

subsection (1) if satisfied on evidence under oath by the Director
that there are reasonable grounds to believe that

(a) the inspection is reasonable,

(b) the regulated person or agent or employee of the regulated

person has not co-operated or likely will not co-operate with
the investigation, and
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Section 147 CONSUMER PROTECTION ACT Chapter C-26.3

(c) the order is appropriate in the circumstances.

(3) An application under this section may be made ex parte unless

in the opinion of the Court of Queen’s Bench it would be improper
to do so.

(4) No force may be used in enforcing an order granted under this

section unless a person identified in the order is specifically
authorized to use force.

(5) A copy of a document seized under an order granted under

subsection (1) and certified by the person who conducted the
inspection to be a true copy of the original document is admissible
in evidence without proof of the signature or appointment of the
person who signed the certificate and, in the absence of evidence to
the contrary, the copy has the same probative force as the original.

(6) If in the course of an inspection under this section reasonable

grounds are found to indicate that a person has committed an
offence under this Act or the regulations, the inspection may be
discontinued and an investigation under section 147 may be
commenced.

(7) In an application under this section, the Court of Queen’s

Bench shall give greater weight to the protection of persons who
are dealing with a regulated person than to the carrying on of the
activities of the regulated person.

(8) An order under subsection (1) applies to a regulated person or

an employee or agent of a regulated person and may also apply to
third parties such as accountants or other persons who have
possession or control of books, records or documents relating to the
activities of the regulated person.
RSA 2000 cF-2 s146;2005 c9 s50;2009 c53 s64

Investigation
147(1) An inspector who has reasonable grounds to believe that a
person has committed an offence under this Act or the regulations
may, after explaining to the person or to the person’s agent that the
inspector wishes to enter the person’s business premises for the
purposes of carrying out an investigation, request permission to
enter the business premises.

(2) If a person permits an inspector to enter business premises for

the purposes of an investigation, the inspector may, with the
permission of the person, inspect, examine and make copies of or
temporarily remove books, records, documents or other things that
are relevant to determine if an offence has been committed under
this Act or the regulations.

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Section 148 CONSUMER PROTECTION ACT Chapter C-26.3

(3) When an inspector removes any books, records, documents or

other things under subsection (2), the inspector

(a) must give a receipt for them to the person from whom they
were taken,

(b) may make copies of, take photographs of or otherwise

record them,

(c) must, within a reasonable time, return anything that has

been copied to the person to whom the receipt was given,
and

(d) must return everything else that was removed to the person
to whom the receipt was given within a reasonable time
after the investigation and any prosecution resulting from
the investigation is concluded.
1998 cF-1.05 s147

Order compelling assistance in investigations

148(1) For the purpose of determining if an offence has been
committed under this Act or the regulations, the Director may
apply to the Court of Queen’s Bench for an order

(a) compelling a person to allow an inspector to enter the

person’s business premises, private dwelling or other place
occupied or controlled by the person;

(a.1) requiring a person to produce for the inspector’s

examination the person’s books, records, documents or
other things relevant to the investigation;

(b) authorizing the inspector to copy or remove the books,

records, documents or other things on any terms that the
Court considers appropriate;

(c) requiring a person to co-operate with the investigation on

any terms that the Court considers appropriate;

(d) authorizing the inspector, if charges are laid or a formal

administrative process is commenced as a result of the
investigation, to retain books, records, documents or other
things until the charges have been formally disposed of or
the administrative process has been concluded.

(2) The Court of Queen’s Bench may grant an order under

subsection (1) if satisfied on evidence under oath by the Director
that there are reasonable grounds to believe that

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Section 148 CONSUMER PROTECTION ACT Chapter C-26.3

(a) an offence under this Act or the regulations has been

committed, and

(b) the order is appropriate in the circumstances.

(3) An application under this section may be made ex parte unless

in the opinion of the Court of Queen’s Bench it would be improper
to do so.

(4) No force may be used in enforcing an order granted under this

section unless a person identified in the order is specifically
authorized to use force.

(5) A copy of a document seized under an order granted under

subsection (1) and certified by the person who conducted the
investigation to be a true copy of the original document is
admissible in evidence without proof of the signature or
appointment of the person who signed the certificate and, in the
absence of evidence to the contrary, the copy has the same
probative force as the original.

(6) An order under subsection (1) applies to a person under

investigation and may also apply to third parties such as
accountants or other persons who have possession or control of
books, records or documents relating to the activities of the person
under investigation.

(7) The following persons may apply to the Court of Queen’s

Bench for an order varying or cancelling an order under subsection
(1):

(a) a person to whom the order is directed;

(b) a person under investigation who is named in the order;

(c) a person other than one referred to in clauses (a) and (b)
who is otherwise affected by the order.

(8) On an application under subsection (7), the Court of Queen’s

Bench may vary or cancel an order on any terms or conditions the
Court considers just, if the Court finds that

(a) all or a part of the order is not required for the protection of
persons who are dealing with a person under investigation
named in the order, or

(b) one or more affected persons are unduly prejudiced by the

order.

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Section 149 CONSUMER PROTECTION ACT Chapter C-26.3

(9) In an application under this section, the Court of Queen’s

Bench shall give greater weight to the protection of persons who
are dealing with a person under investigation than to the carrying
on of the activities of the person under investigation.
RSA 2000 cF-2 s148;2005 c9 s51;2009 c53 s64

Special circumstances
149(1) Despite any provision of this Act, an inspector may during
an inspection or investigation under this Act seize or make copies
of any books, records, documents or other things if the inspector
has reasonable grounds to believe that

(a) an offence under this Act or the regulations has been

committed,

(b) the books, records, documents or other things will provide

evidence of the commission of the offence, and

(c) the delay involved in obtaining an order under section 148

or a search warrant could result in the loss or destruction of
evidence.

(2) An inspector, on seizing anything under this section,

(a) must inform the person, if any, from whom the thing is
seized of the reason for the seizure,

(b) must give a receipt for the thing to the person, if any, having
physical possession of it when it is seized, and

(c) may make copies of, take photographs of or otherwise

record them.

(3) An inspector who seizes anything pursuant to this section must

deal with it in the same manner as if it were seized pursuant to a
search warrant.
1998 cF-1.05 s149

Publication of information
150(1) The Minister or Director may publish information,
including personal information,

(a) obtained in or arising from an inspection or investigation

under this Act,

(b) relating to charges or convictions under this Act, or

(c) relating to the status of the licence of a licensed business

and any actions taken by the Director under section 127.

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Section 150.1 CONSUMER PROTECTION ACT Chapter C-26.3

(2) Subject to the regulations, the Minister or Director may

determine the form, content and timing of any publication under
this section.

(3) The Minister may make regulations respecting the publication

and disclosure in the public interest of information, including
personal information, including, without limitation, regulations
respecting the form, content and timing of publication of
information in relation to complaints, warnings, undertakings,
orders under section 151 or 157, court orders, injunctions,
administrative penalties, charges, prosecutions and convictions
under this Act.

(4) No liability attaches to the publication or disclosure of any

information under this section done in good faith.
RSA 2000 cF-2 s150;2017 c18 s1(19)

Disclosing default in payment of fines

150.1(1) If a fine or an order for restitution of money that is
payable as a result of a conviction for an offence under this Act is
in default for 60 days or more, the Director may disclose to a
reporting agency the name of the defaulter, the amount of the fine
or restitution order and the date the fine or restitution order went
into default.

(2) Within 15 days after the Director has received notice that a fine
or an order for the restitution of money that was reported to a
reporting agency as being in default has been paid in full, the
Director must inform the reporting agency of the payment.
2005 c9 s52

Property freeze orders

151(1) In this section and sections 151.1 to 151.3,

(a) “investigated person” means

(i) a licensee referred to in subsection (2),

(ii) a collection agency or collector as defined in section

109,

(iii) a supplier, or

(iv) any other person to whom this Act applies,

who is under investigation in respect of an alleged

contravention of this Act or the regulations;

(b) “property” means real property or personal property as

defined in the Personal Property Security Act, and personal

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property includes but is not limited to money, money in a

trust account, goods, assets, a security or a debt;

(c) “property freeze order” means an order of the Director

under subsection (2).

(2) The Director may issue a property freeze order in the following
circumstances:

(a) where the Director is about to cancel or suspend or has

cancelled or suspended the licence of a licensee;

(b) where

(i) criminal proceedings that, in the opinion of the Director,

are connected with or arise out of matters under this Act,
or

(ii) proceedings in respect of an alleged contravention of this

Act or the regulations

are about to be or have been initiated against any person;

(c) where an investigated person has been paid money or been

given security by a person in respect of a consumer
transaction, or where an investigated person has been paid
money by a debtor in respect of a debt, and

(i) the investigated person has absconded from Alberta, or

(ii) the Director has reasonable and probable grounds to

believe that the investigated person

(A) is about to abscond from Alberta,

(B) has removed or has attempted to remove personal

property from Alberta to avoid legal liabilities,

(C) has sold or disposed of or has attempted to sell or

dispose of real or personal property to avoid legal
liabilities, or

(D) is misusing any money paid or any assets delivered

to the investigated person;

(d) where the Director has reason to believe that the trust funds
that are required to be held by a licensee or other person
under this Act or the regulations are less than the amount for
which the licensee or other person is accountable;

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(e) where the Director has reason to believe it advisable for the
protection of consumers dealing with an investigated person.

(3) In the circumstances referred to in subsection (2), the Director

may, in writing, on terms that the Director considers reasonable,
issue one or more of the following property freeze orders:

(a) that the investigated person

(i) not take any of the investigated person’s real or personal

property from the possession of another person named in
the order who has the property on deposit, under control
or for safekeeping, or

(ii) not dispose of any of the investigated person’s real or

personal property nor otherwise deal with the
investigated person’s real or personal property in a way
that reduces the value of the property, whether the
property is acquired by the investigated person before,
on or after the date of the order;

(b) that a person to whom the order is directed hold in trust any
real or personal property of the investigated person that the
person has possession or control of or holds for safekeeping;

(c) that a debtor of the investigated person to whom the order is

directed

(i) hold in trust any real or personal property that is payable

or transferable in satisfaction of the debt, or

(ii) transfer to a receiver, receiver-manager or trustee

appointed under subsection (4) any real or personal
property that is payable or transferable in satisfaction of
the debt;

(d) that a lessor to whom the order is directed who leases safety
deposit boxes, safes or compartments in safes not permit an
investigated person or the investigated person’s
representative or agent to open or remove a safety deposit
box, safe or compartment in a safe leased to the investigated
person;

(e) that a person to whom the order is directed hold the real or
personal property affected by the order in that person’s
possession, safekeeping or control in trust for an interim
receiver, custodian, trustee, receiver-manager, receiver or
liquidator who has been appointed or whose appointment
has been applied for under the Bankruptcy and Insolvency

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Act (Canada), the Canada Business Corporations Act

(Canada), the Judicature Act, the Personal Property
Security Act, the Companies Act, the Business Corporations
Act, the Cooperatives Act or this Act, as the case may be.

(4) In the circumstances referred to in subsection (2), the Director

may apply to the Court of Queen’s Bench for the appointment of a
receiver, receiver-manager or trustee to hold or manage, as the case
may be, all or part of the property of an investigated person on any
terms or conditions that the Court approves.

(5) An application under subsection (4) may be made ex parte

unless in the opinion of the Court of Queen’s Bench it would be
improper to do so.

(6) A property freeze order does not apply to assets in a stock

exchange clearing house or to securities in process of transfer by a
transfer agent unless the order expressly states that it applies to
those assets or securities.

(7) A property freeze order must be served on each person to

whom it is directed and on each investigated person who is named
in the order.

(8) A property freeze order takes effect in respect of a person or an

investigated person at the time the order is served on the person or
investigated person or at a later time specified by the Director in
the order.

(9) Subject to section 151.3, any property affected by a property

freeze order continues to be affected by the order until the Director,
in writing,

(a) amends or cancels the order, or

(b) orders the release of the property.

(10) An amendment or a cancellation of a property freeze order

under subsection (9)(a) or a release order under subsection (9)(b)
must be served on the person to whom it is directed.
RSA 2000 cF-2 s151;2005 c9 s53;2009 c53 s64

Payment into court

151.1(1) A person who has property of an investigated person in
the form of money on deposit with the person or in the person’s
control and who is served with a property freeze order may pay the
money into the Court of Queen’s Bench if

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(a) the person is in doubt regarding the application of the order

to the money on deposit with or under the control of the
person, or

(b) a person not named in the order claims a right to or an

interest in the money.

(2) If a person pays money into court in accordance with

subsection (1), the person is discharged from liability to the extent
of that payment.
2005 c9 s53

Notice filed in land titles office or Personal

Property Registry
151.2(1) In the circumstances referred to in section 151(2), the
Director may register in the appropriate land titles office or in the
Personal Property Registry a notice that an order has been issued
that may affect property belonging to the investigated person
referred to in the notice.

(2) A notice registered in accordance with subsection (1) has the

same effect as a certificate of lis pendens registered under the Land
Titles Act or a statutory charge registered under the Personal
Property Security Act except that the Director may in writing
amend or revoke the notice.
2005 c9 s53

Application to Court respecting order or notice

151.3(1) The following persons may apply to the Court of
Queen’s Bench for an order varying or cancelling a property freeze
order under section 151 or a notice registered under section 151.2:

(a) a person to whom the order is directed;

(b) an investigated person who is named in the order;

(c) a person who has an interest in property in respect of which

a notice has been registered under section 151.2(1);

(d) a person other than one referred to in clauses (a) to (c) who
is otherwise affected by the property freeze order.

(2) On an application under subsection (1), the Court may vary or

cancel a property freeze order or a registered notice on any terms or
conditions the Court considers just if the Court finds that

(a) all or a part of the order or notice is not required for the
protection of persons who are dealing with the investigated
person named in the order, or

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(b) affected persons are unduly prejudiced by the order or

notice.

(3) In an application under this section, the Court must give greater
weight to the protection of persons who are dealing with the
investigated person than to the carrying on of the activities of the
investigated person.
2005 c9 s53

Undertakings
Supplier’s undertakings
152(1) When

(a) the Director is of the opinion that a person has contravened

this Act or the regulations, and

(b) the Director is satisfied that the person has ceased the
contravention,

the person may enter into an undertaking with the Director in the
form and containing the provisions that the Director, on negotiation
with that person, considers proper.

(2) Without limiting subsection (1), an undertaking may include

any of the following specific undertakings:

(a) to stop engaging in a practice or to change a practice

described in the undertaking;

(b) to provide compensation to anyone who has suffered a loss;

(c) to publicize the undertaking or the action being taken;

(d) to pay the costs of investigating the person’s activities and

any costs associated with the undertaking.

(3) Repealed 2016 c18 s6.

RSA 2000 cF-2 s152;2016 c18 s6

Change in undertaking by Director

153(1) A person who enters into an undertaking may apply to the
Director to vary or cancel that undertaking.

(2) On considering the application, the Director may

(a) refuse the application, or

(b) vary or cancel the undertaking.

1998 cF-1.05 s153

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Change in undertaking by Court

154(1) Despite section 153, a person who enters into an
undertaking may apply to the Court of Queen’s Bench for an order
to vary or cancel the undertaking.

(2) On considering an application, the Court of Queen’s Bench

may

(a) refuse the application, or

(b) vary or cancel the undertaking and impose whatever terms

or conditions the Court considers proper.
RSA 2000 cF-2 s154;2009 c53 s64

Effect of varying or cancelling an undertaking

155 When an undertaking is varied or cancelled, that variance or
cancellation does not invalidate anything done under that
undertaking prior to the variance or cancellation.
1998 cF-1.05 s155

Injunctions and Compliance Orders

Injunction
156(1) Where, on the application of the Director to the Court of
Queen’s Bench, it appears to the Court that a person has done, is
doing or is about to do anything that constitutes or is directed
toward a contravention of this Act or the regulations or that
involves the misappropriation of funds held in trust under this Act,
the Court may issue an injunction ordering any person named in the
application

(a) to refrain from doing that thing, or

(b) to do anything that in the opinion of the Court may prevent

the contravention of this Act or the regulations or the
misappropriation of funds held in trust.

(2) The Court of Queen’s Bench may, if it considers it necessary in

the circumstances, issue an interim injunction granting the relief
that the Court considers appropriate pending the determination of
the application.

(3) An interim injunction under subsection (2) may be made ex

parte if the Court of Queen’s Bench considers it appropriate in the
circumstances.
RSA 2000 cF-2 s156;2009 c53 s64

Director’s order
157(1) If, in the opinion of the Director

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(a) a person is contravening or has contravened this Act or the

regulations,

(b) a regulated person is using any form, agreement, letter or

other document that is misleading or contains a term that
misrepresents this Act or the regulations, or

(c) a print, broadcast or electronic publisher, including but not

limited to a publisher of telephone directories and Internet
listings, is publishing or has published an advertisement that
is misleading or contains a term that contravenes this Act or
the regulations,

the Director may issue an order directed to the person or publisher.

(2) An order may direct the person or publisher

(a) to stop engaging in anything that is described in the order,

subject to any terms or conditions set out in the order, and

(b) to take any measures specified in the order, within the time
specified in the order, to ensure that this Act and the
regulations are complied with.

(3) A person or publisher who is subject to an order under this

section may appeal under section 179.
RSA 2000 cF-2 s157;2005 c9 s54

Public record
157.1(1) The Director must maintain a public record of
undertakings, Director’s orders, court orders and injunctions and
any other prescribed document or information.

(2) The Director may prescribe the form of the public record
referred to in subsection (1) and which documents must or may be
included.

(3) The Director must maintain a public record of administrative

penalties and may prescribe the form of the public record and the
documents and information that must or may be included in it.
2005 c9 s55;2012 c7 s1

Enforcement of Director’s order

158(1) If the Director is of the opinion that a person is not
complying or has not complied with an order of the Director under
section 157, the Director may apply to the Court of Queen’s Bench
for an order directing that person to comply with the order.

(2) The Director may not bring an application under this section

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Section 158.1 CONSUMER PROTECTION ACT Chapter C-26.3

(a) until the time for appealing the Director’s order has passed
without an appeal’s being made, or

(b) if an appeal has been made, the Director’s order has been
confirmed by the appeal board.

(3) After receiving an application under subsection (1), the Court

of Queen’s Bench may, if it considers it necessary in the
circumstances, make an interim order granting the relief that the
Court considers appropriate pending the determination of the
application.

(4) An interim order under subsection (3) may be made ex parte if

the Court of Queen’s Bench considers it appropriate in the
circumstances.

(5) On hearing an application, the Court of Queen’s Bench may,

(a) if it is of the opinion that there were insufficient grounds for

the Director to have issued an order under section 157,
quash the order;

(b) if it is of the opinion that the Director had sufficient grounds

for issuing the order and that the person is not complying or
has not complied with the Director’s order, grant an order,
subject to any terms and conditions the Court considers
appropriate in the circumstances, doing one or more of the
following:

(i) directing the person to comply with the order of the

Director;

(ii) giving directions that the Court considers necessary in

order to ensure that the order of the Director will be
complied with;

(iii) awarding costs in respect of the matter.

RSA 2000 cF-2 s158;2009 c53 s64

Administrative Penalties

Notice of administrative penalty

158.1(1) If the Director is of the opinion that a person

(a) has contravened a provision of this Act or the regulations, or

(b) has failed to comply with a term or condition of a licence

issued under this Act or the regulations,

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Section 158.2 CONSUMER PROTECTION ACT Chapter C-26.3

the Director may, by notice in writing given to the person, require

the person to pay to the Crown an administrative penalty in the
amount set out in the notice.

(2) Where a contravention or a failure to comply continues for

more than one day, the amount set out in the notice of
administrative penalty under subsection (1) may include a daily
amount for each day or part of a day on which the contravention or
non-compliance occurs or continues.

(3) The amount of an administrative penalty, including any daily

amounts referred to in subsection (2), must not exceed $100 000.

(4) Subject to subsection (5), a notice of administrative penalty

shall not be given more than 3 years after the day on which the
contravention or non-compliance occurred.

(5) Where the contravention or non-compliance occurred in the

course of a consumer transaction or an attempt to enter into a
consumer transaction, a notice of administrative penalty may be
given within 3 years after the day on which the consumer first
knew or ought to have known of the contravention or
non-compliance but not more than 8 years after the day on which
the contravention or non-compliance occurred.
2012 c7 s1

Right to make representations

158.2 Before imposing an administrative penalty in an amount of
$500 or more, the Director shall

(a) advise the person, in writing, of the Director’s intent to

impose the administrative penalty and the reasons for it, and

(b) provide the person with an opportunity to make

representations to the Director.
2012 c7 s1

No offence where administrative penalty paid

158.3 A person who pays an administrative penalty in respect of
a contravention or a failure to comply shall not be charged under
this Act with an offence in respect of the same contravention or
failure to comply that is described in the notice of administrative
penalty.
2012 c7 s1

Enforceability of notice of administrative penalty

158.4 Subject to the right of appeal, where a person fails to pay
an administrative penalty in accordance with the notice of
administrative penalty and the regulations, the Minister may file a

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Section 158.5 CONSUMER PROTECTION ACT Chapter C-26.3

copy of the notice of administrative penalty with the clerk of the

Court of Queen’s Bench, and on being filed, the notice has the
same force and effect and may be enforced as if it were a judgment
of the Court.
2012 c7 s1

Ministerial regulations
158.5 The Minister may make regulations

(a) respecting the contents of notices of administrative penalty

and the manner in which the notices are required to be
given;

(b) respecting the amounts of the administrative penalties that

may, subject to section 158.1(3), be imposed under section
158.1(1) and respecting factors to be taken into account in
setting the amount of an administrative penalty;

(c) respecting any other matter the Minister considers necessary

or advisable for the administration of the system of
administrative penalties.
2012 c7 s1

Other Remedies

Court actions by the Director

159(1) In addition to any other remedy in this Act, the Director
may commence and maintain an action in the Court of Queen’s
Bench against a person if the Director is of the opinion that a
person

(a) has contravened this Act or the regulations under this Act,
or

(b) has not complied with the terms of an undertaking that the
person has entered into.

(2) In an action brought under subsection (1), the Court of Queen’s

Bench may

(a) declare that this Act or the regulations under this Act have
been contravened;

(b) grant an order requiring the person to provide any redress

the Court considers proper to those persons who suffered
damage or loss arising from the contravention of this Act or
the regulations;

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Section 159.1 CONSUMER PROTECTION ACT Chapter C-26.3

(c) grant an order in the nature of an injunction restraining the

person from engaging in the practice that gave rise to the
contravention of this Act or the regulations;

(d) if the person who is the subject of the order had entered into
a consumer transaction, grant an order for specific
performance of the consumer transaction or grant an order
for rescission of the consumer transaction;

(e) grant an order for the restitution of property or funds;

(f) award punitive or exemplary damages;

(g) grant any other relief the Court considers proper.

(3) Damages awarded under this section are a debt owing to the
Crown in right of Alberta.
1998 cF-1.05 s159

Director’s claim for restitution

159.1 If the Court of Queen’s Bench has granted an order under
section 159 that provides for restitution of property or money to a
person or persons who have suffered loss arising from a
contravention of this Act or the regulations, the Director may, on
behalf of the person or persons, do anything necessary to enforce
the order against the personal or real property of the person who is
liable to pay the restitution.
2005 c9 s56

Advertisement of judicial decision

160(1) When the Court of Queen’s Bench grants relief under
section 159, the Court may make a further order requiring the
supplier to advertise to the public particulars of any order,
judgment or other relief granted by the Court.

(2) In making an order under subsection (1), the Court of Queen’s

Bench may prescribe

(a) the methods of making the advertisement so that it will

assure prompt and reasonable communication to consumers;

(b) the contents or form, or both, of the advertisement;

(c) the number of times the advertisement is to be made;

(d) any other conditions the Court considers proper.

1998 cF-1.05 s160

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Section 161 CONSUMER PROTECTION ACT Chapter C-26.3

Offences

Non-compliance with Act

161 Any person who contravenes any of the following provisions
is guilty of an offence:

(a) in Part 2, sections 6, 9, 10, 11, 16(1), 23;

(b) in Part 3, sections 31(2), 39(1);

(c) in Part 5, sections 44(1) and (2) and 49;

(c.1) in Part 6, section 53(2);

(d) in Part 7, section 54;

(e) in Part 8, sections 55(2), 56(1), 57(1);

(e.1) in Part 8.1, sections 57.2, 57.3(1), (3) and (4);

(f) in Part 9, sections 62, 64(1) and (2), 66(2), 68(3), 73(3), 78,
79(1), 80, 81, 85, 86, 87, 88;

(g) in Part 10, sections 104, 107;

(g.1) in Part 10.1, section 108.2;

(h) in Part 11, sections 111, 114(1), 117;

(i) in Part 12, sections 120(2) and (3), 121, 123;

(i.01) in Part 12.01, section 124.02(1) to (4);

(i.1) in Part 12.1

(i) sections 124.2, 124.21(1), (2) and (3), 124.4(4) and (6),
124.41(2), 124.5(2) and (4), 124.51(1), (2) and (4), 124.6(2),
124.61, 124.8, 124.81 and 124.9;

(ii) section 124.3;

(j) in Part 13, sections 126(3), 132, 133, 134;

(k) in Part 14, sections 145(6), 168(3).

RSA 2000 cF-2 s161;2005 c9 s57;2016 cE-9.5 s8;
2017 c18 s1(21)

Non-compliance with regulations

162(1) A person who contravenes a section in the regulations the
contravention of which is designated by the regulations to be an
offence is guilty of an offence.

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(2) The Minister may make regulations designating provisions in

the regulations the contravention of which is an offence.
1998 cF-1.05 s162

Non-compliance with orders, etc.

163 Any person who

(a) fails to comply with an order of the Director under section

129, 151(3) or 157, unless the order has been stayed,

(b) repealed 2005 c9 s58,

(c) furnishes false information or misrepresents any fact or

circumstance to an inspector or to the Director, or

(d) fails to comply with an undertaking under this Act

contravenes this Act and is guilty of an offence.

RSA 2000 cF-2 s163;2005 c9 s58

Penalty
164(1) Any person who is convicted of an offence under this Act
or the regulations is liable to a fine of not more than

(a) $300 000, or

(b) 3 times the amount obtained by the defendant as a result of

the offence,

whichever is greater, or to imprisonment for not more than 2 years,

or both.

(2) Each day that an offence continues constitutes a separate

offence, but the total term of imprisonment that may be imposed on
a person in respect of a continuing offence may not exceed 2 years.
RSA 2000 cF-2 s164;2012 c7 s1

Corporations, partnerships and sole proprietorships

165(1) When a corporation commits an offence under this Act or
the regulations, every principal, director, manager, employee or
agent of the corporation who authorized the act or omission that
constitutes the offence or who assented to, acquiesced in or
participated in the act or omission that constitutes the offence is
guilty of the offence whether or not the corporation has been
prosecuted for the offence.

(2) When a partner in a partnership or an owner of a sole

proprietorship commits an offence under this Act or the
regulations, each partner in the partnership and each manager,
employee or agent of the partner or owner who authorized the act

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Section 166 CONSUMER PROTECTION ACT Chapter C-26.3

or omission that constitutes the offence or who assented to,

acquiesced in or participated in the act or omission that constitutes
the offence is guilty of the offence whether or not the partner or
owner has been prosecuted for the offence.
RSA 2000 cF-2 s165;2005 c9 s59

Vicarious liability
166 For the purposes of this Act, an act or omission by an
employee or agent of a person is deemed also to be an act or
omission of the person if the act or omission occurred

(a) in the course of the employee’s employment with the

person, or

(b) in the course of the agent’s exercising the powers or

performing the duties on behalf of the person under their
agency relationship.
1998 cF-1.05 s166

Time limit for prosecution

167(1) Subject to subsection (2), a prosecution of an offence
under this Act or the regulations shall not be commenced more than
3 years after the day on which the offence was committed.

(2) Where an offence was committed in the course of a consumer

transaction or an attempt to enter into a consumer transaction, a
prosecution may be commenced within 3 years after the day the
consumer first knew or ought to have known of the offence but not
more than 8 years after the day on which the offence was
committed.
RSA 2000 cF-2 s167;2012 c7 s1

Restitution
168(1) A justice who convicts a defendant of an offence under this
Act or the regulations may, on the application of the Minister of
Justice and Solicitor General or of a person aggrieved or that
person’s representative, at the time sentence is imposed, order the
defendant to pay to an aggrieved person an amount as restitution
for loss of or damage to property suffered by the aggrieved person
as a result of the commission of the offence where the amount is
readily ascertainable.

(2) If an amount that is ordered to be paid under subsection (1) is

not paid forthwith, the applicant may, by filing the order, enter as a
judgment in the Court of Queen’s Bench the amount ordered to be
paid, and that judgment is enforceable against the defendant in the
same manner as if it were a judgment rendered against the
defendant in the Court of Queen’s Bench in civil proceedings.

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Section 169 CONSUMER PROTECTION ACT Chapter C-26.3

(3) Every person who is ordered to pay an amount under this

section must make the payments in accordance with the order.
RSA 2000 cF-2 s168;2005 c9 s60;2013 c10 s34

Evidence

Carrying on business
169 Evidence that

(a) a person entered into one transaction in a business or

activity, or

(b) a person set out in a letter, advertisement, card or other

document issued by or under the authority of the person that
the person is carrying on a business or activity

is proof, in the absence of evidence to the contrary, that the person

was carrying on that business or activity.
1998 cF-1.05 s169

Evidence
169.1(1) The Director may administer oaths for the purposes of
this Act.

(2) The Director may, by order, summon and enforce the

attendance of witnesses and compel them to give oral or written
evidence on oath and to produce the documents and things the
Director considers requisite to the full investigation and
consideration of matters within the Director’s jurisdiction in the
same manner as a court of record may in civil cases.

(3) The Director

(a) may accept any oral or written evidence that the Director
considers proper, whether or not it would be admissible in a
court of law, and

(b) is not bound by the law of evidence applicable to judicial

proceedings.
2005 c9 s61

Loan brokers
170(1) In this section, “claimant” means a person who claims to
have been charged a fee by or paid a fee to a loan broker for
assisting the person in obtaining a loan.

(2) In a prosecution for a contravention of section 54, an affidavit

of a claimant that contains the statements referred to in subsection
(3) is admissible in evidence as proof, in the absence of evidence to
the contrary, of the statements contained in the affidavit.

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Section 171 CONSUMER PROTECTION ACT Chapter C-26.3

(3) For the purposes of subsection (2), the affidavit of the claimant
must

(a) identify the loan broker,

(b) state that the loan broker agreed to assist the claimant in
obtaining a loan,

(c) state that, before the claimant received the proceeds of the
loan, either the loan broker charged the claimant for
assisting the claimant in obtaining the loan or the claimant
paid for the assistance, and

(d) include, as an exhibit, the bill charging the claimant or proof

of the amount paid.

(4) An affidavit referred to in subsection (2) is admissible in

evidence without proof of the signature of the claimant purporting
to have signed the affidavit.

(5) Unless the court orders otherwise, an affidavit referred to in

subsection (2) is not admissible in evidence unless the prosecutor
has, before the trial or other proceeding, given to the accused a
copy of the affidavit and reasonable notice of intention to provide it
in evidence.

(6) Despite subsection (1), the court may require a claimant who
has purported to have signed an affidavit referred to in subsection
(2) to appear before it for examination or cross-examination in
respect of the statements contained in the affidavit.
1998 cF-1.05 s170

Status of licensee and nature of substances, etc.

171(1) A certificate of the Director stating that on a specified day
or during a specified period

(a) a person named in the certificate was or was not licensed

under this Act, or

(b) the licence of a person named in the certificate had been

suspended under this Act,

is proof, in the absence of evidence to the contrary, of the facts

stated in the certificate.

(2) A certificate of an expert defining or stating the nature of any

substance, goods or services examined is proof, in the absence of
evidence to the contrary, of the facts set out in the certificate.

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Section 172 CONSUMER PROTECTION ACT Chapter C-26.3

(3) A certificate referred to in subsection (1) or (2) is admissible in

evidence without proof of the signature, authority or office of the
person purporting to have signed the certificate.
1998 cF-1.05 s171

Copies
172 A copy of a document made during an inspection or
investigation under this Act and certified to be a true copy by the
person who conducted the inspection or investigation is admissible
in evidence without proof of the signature or appointment of the
person who signed the certificate and, in the absence of evidence to
the contrary, the copy has the same probative force as the original.
1998 cF-1.05 s172

Part 15
Administration and Appeals
Administration

Director and inspectors

173(1) The Minister may appoint an individual as the Director of
Fair Trading.

(2) The Director may appoint individuals as inspectors.

(3) The Director may exercise the powers and perform the duties
of an inspector.

(4) Every police officer as defined in the Police Act is an inspector

for the purposes of this Act.
1998 cF-1.05 s173

Delegation
174 In addition to the delegation referred to in section 136, the
Director may delegate any of the Director’s powers, duties or
functions under this Act or the regulations to any person and may
authorize the person to further delegate the power or duty.
1998 cF-1.05 s174

Co-operative enforcement
175(1) If the Minister has, on behalf of the Government of
Alberta, entered into an agreement with another jurisdiction
respecting the co-operative enforcement of consumer legislation,

(a) the Director may appoint an official from that jurisdiction as

an inspector under this Act to enable the official to exercise
in Alberta the powers of an inspector, and

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Section 176 CONSUMER PROTECTION ACT Chapter C-26.3

(b) the Director may, on the written request of that jurisdiction

by an official specified in the agreement, disclose
information in the records of the Director obtained through
any inspection or investigation under this Act or in the
administration of this Act, if the Director is satisfied that the
information will be used only for the purpose of enforcing
or administering a law of that jurisdiction.

(2) If the Minister has entered into an agreement referred to in

subsection (1) with a jurisdiction, the Director may request
information in the records of the jurisdiction for the purposes of
enforcing or administering this Act.

(3) Information obtained in a request under subsection (2) must not

be disclosed except for the purposes of enforcing or administering
this Act.
1998 cF-1.05 s175

Government’s costs
176(1) The Director may require a person who

(a) is investigated under this Act,

(b) is the subject of an order of the Director under section 129

or 157, or

(c) has entered into an undertaking

to pay the costs that the Government incurs in the investigation or

that arose in the process leading up to the issuance of the order of
the Director or the entering into of the undertaking.

(2) The Director must notify the person of the amount of the costs,
and the person has 30 days from receiving the notice to file an
objection with the Director respecting the amount of the costs.

(3) On receiving an objection within the 30-day time limit, the

Director must submit the matter to an arbitration process approved
by the Minister.

(4) The person who is required to pay the costs under subsection
(1) is liable to pay

(a) the amount specified in the Director’s notice, if no objection

is filed within the time period specified in subsection (2), or

(b) the amount specified in the decision of the arbitrator,

and the Director may collect the amount by civil action for debt.
RSA 2000 cF-2 s176;2005 c9 s62

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Section 177 CONSUMER PROTECTION ACT Chapter C-26.3

Service of documents
177(1) If this Act requires the Minister or the Director to serve a
person with a document or to give notice of a document to a
person, the service or notice may, subject to the regulations under
section 158.5, be given

(a) personally,

(b) by ordinary mail,

(b.1) by recorded mail, or

(c) if the person requests that service or notice be given by

electronic means that results in a printed copy of the
document being received by the person, by the electronic
means.

(2) If service or notice is given to a person by ordinary mail under

subsection (1)(b), it must be sent to the last address for the person
on the Director’s records, and any service or notice given by
ordinary mail under subsection (1)(b) is deemed to have been
received 7 days after it is mailed unless

(a) the document is returned by a person who is not the

addressee, or

(b) the document was not received by the addressee, the proof
of which lies on the addressee.
RSA 2000 cF-2 s177;2012 c7 s1;2018 c11 s7

Forms
178 The Director may establish forms for the purposes of this
Act.
1998 cF-1.05 s178

Appeals
Appeal
179(1) A person

(a) who is refused a licence or renewal of a licence,

(b) whose licence is made subject to terms and conditions,

(c) whose licence is cancelled or suspended under section 127,

(d) to whom an order under section 129 or 157 is directed, or

(e) to whom a notice of administrative penalty is given under

section 158.1(1)

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Section 180 CONSUMER PROTECTION ACT Chapter C-26.3

may appeal the decision, order or administrative penalty by serving

the Minister with a notice of appeal within 30 days after being
notified in writing of the decision or order or being given the notice
of administrative penalty.

(2) The Minister must, within 30 days after being served with a
notice of appeal under subsection (1) and payment of the fee for the
appeal as established by the regulations, refer the appeal to an
appeal board appointed in accordance with the regulations or to an
appeal board designated under subsection (4).

(3) The Minister may appoint an individual as the chair of the

appeal board who serves as the chair whether or not an appeal is
being considered by the appeal board.

(4) The Minister may designate a board or commission established

by or under an Act of the Legislature to be an appeal board for the
appeals specified in the designation.

(5) The Minister may set the time within which an appeal board is
to hear an appeal and render a decision and may extend that time.

(6) An appeal board that hears an appeal pursuant to this section

may confirm, vary or quash the decision, order or administrative
penalty that is being appealed.

(7) The Minister may, in accordance with any applicable

regulations under the Alberta Public Agencies Governance Act, set
the rates of remuneration for and provide for the payment of
reasonable living and travelling expenses to the members of an
appeal board.

(8) An appeal under this section is a new trial of the issues that
resulted in the decision, order or administrative penalty being
appealed.
RSA 2000 cF-2 s179;2005 c9 s63;2009 cA-31.5 s40;2012 c7 s1

Effect of appeal
180(1) Subject to this section, an appeal under section 179 does
not affect the status or enforceability of the decision or order being
appealed.

(2) A person who is appealing a decision or order under section

179(1)(b), (c) or (d) may apply to the chair of the appeal board to
stay the decision or order being appealed.

(3) On application under subsection (2) and after allowing the

Director to make representations, the chair may, if the chair
considers it appropriate, order a stay of the decision or order being

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Section 181 CONSUMER PROTECTION ACT Chapter C-26.3

appealed until the appeal board renders its decision on the appeal or
the appeal is withdrawn.

(4) Service under section 179(1) of a notice of appeal of an

administrative penalty operates to stay the administrative penalty
until the appeal board renders its decision on the appeal or the
appeal is withdrawn.
RSA 2000 cF-2 s180;2012 c7 s1

Court of Queen’s Bench

181 The Director or a person whose appeal is heard by an appeal
board may appeal the decision of the appeal board by filing an
application with the Court of Queen’s Bench within 30 days after
being notified in writing of the decision, and the Court may make
any order that an appeal board may make under section 179(6).
RSA 2000 cF-2 s181;2009 c53 s64

Powers of appeal board

182 For the purposes of conducting appeals before an appeal
board,

(a) the chair and the other members of the appeal board have
the same power as is vested in the Court of Queen’s Bench
for the trial of civil actions

(i) to summon and enforce the attendance of witnesses,

(ii) to compel witnesses to give evidence on oath or

otherwise,

(iii) to compel witnesses to give evidence in person or

otherwise, and

(iv) to compel witnesses to produce any record, object or

thing that relates to the matter being heard;

(b) the appeal board may take evidence under oath;

(c) any member of the appeal board may administer oaths for
the purpose of taking evidence;

(d) the appeal board may reconsider a previous decision made

by the appeal board.
1998 cF-1.05 s182

Protection from liability

182.1 No action or other proceeding for damages may be
commenced against an appeal board, a member or employee of the
appeal board or a person appointed or engaged to perform a duty or
exercise a power for the appeal board

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Section 183 CONSUMER PROTECTION ACT Chapter C-26.3

(a) for any act done in good faith in the performance or

intended performance of any duty or the exercise or
intended exercise of any power under this Act or the
regulations, or

(b) for any neglect or default in the performance of the duty or

exercise of the power in good faith.
2005 c9 s64

Regulations
183 The Minister may make regulations

(a) respecting fees for filing appeals under this Division;

(b) respecting the formation of an appeal board, including the

term and manner of appointment of members;

(b.1) establishing additional grounds for appeals to the appeal

board;

(c) establishing rules respecting appeals before the appeal

board, including rules that deal with the following matters:

(i) notices of appeal;

(ii) the procedure before the appeal board;

(iii) adjournments of matters before the appeal board;

(iv) the attendance of witnesses;

(v) the applicability of the rules of evidence in judicial

proceedings to hearings before the appeal board;

(vi) the receiving and recording of evidence;

(vii) empowering the appeal board to proceed when a party to

the appeal fails to appear at or attend a hearing;

(viii) providing for majority and minority decisions;

(ix) empowering the appeal board to consider an appeal

without holding a hearing and the procedure to be used
in those circumstances;

(x) the applicability of the Alberta Rules of Court;

(xi) the issuing and publication of decisions of the appeal

board;

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Section 183.1 CONSUMER PROTECTION ACT Chapter C-26.3

(xii) empowering the appeal board to require the production

of any record, object or thing;

(xiii) the reconsideration of decisions made by the appeal

board;

(xiv) costs.
RSA 2000 cF-2 s183;2005 c9 s65

Part 15.1
General
Publication of review
183.1(1) A business shall not include in a consumer transaction a
provision that prohibits a consumer from publishing a review of the
business or transaction.

(2) No action lies against a person for compensation, damages or

any other remedy for loss or damage resulting from the publication
of a negative review or other communication by the person in
respect of the conduct of a supplier or any other person to whom
this Act applies, unless the review or communication is malicious,
vexatious or harassing or otherwise made in bad faith.
2017 c18 s1(22)

Complainant protection
183.2 No action lies against a person for compensation, damages
or any other remedy for loss or damage resulting from

(a) a complaint or other communication by the person to the

Minister or Director, an inspector or any other person acting
under this Act in respect of the conduct of a supplier or any
other person to whom this Act applies,

(b) assistance provided by the person in an inspection or

investigation,

(c) assistance or evidence given by the person in any

proceeding brought by the Director, or

(d) a claim made by the person pursuant to a regulation under

section 139(d).
2017 c18 s1(22)

Part 16 Repealed 2016 c18 s6.

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