P-40.1 - Consumer Protection Act

Section 316 Disposition versions

2017-11-15

316. The president may apply to the court for an injunction ordering

(a)  a person to cease engaging in a practice prohibited under Title II;

(b)  a merchant to cease including in a contract a stipulation prohibited under this Act or a regulation;

(c)  a merchant to comply with section 19.1 when including a stipulation inapplicable in Québec; or

(d)  a merchant to cease engaging in an activity without holding the permit required by this Act or by any other Act whose application is under the supervision of the Office.

A consumer advocacy body that has been constituted as a legal person for at least one year may apply for an injunction under this section and is deemed to have the interest required for that purpose. The court may not decide on the application for injunction filed by such a body unless a notice, attached to the application to institute proceedings or the application for an interlocutory injunction, as the case may be, is notified to the president.

If an injunction granted under this section is not complied with, an application for contempt of court may be brought by the president or the body referred to in the second paragraph.

1978, c. 9, s. 316; 2009, c. 51, s. 17; I.N. 2016-01-01 (NCCP); 2017, c. 24, s. 62.

2016-01-01

316. If a person has engaged or engages in a practice prohibited under Title II or a merchant has included or includes in a contract a stipulation prohibited by this Act or a regulation, or has included or includes a stipulation inapplicable in Québec that is referred to in section 19.1 without complying with that section, the president may apply to the court for an injunction ordering the person to cease engaging in the practice or ordering the merchant to cease including such a stipulation in a contract, or to comply with section 19.1.

A consumer advocacy body that has been constituted as a legal person for at least one year may apply for an injunction under this section and is deemed to have the interest required for that purpose. The court may not decide on the application for injunction filed by such a body unless a notice, attached to the application to institute proceedings or the application for an interlocutory injunction, as the case may be, is notified to the president.

If an injunction granted under this section is not complied with, an application for contempt of court may be brought by the president or the body referred to in the second paragraph.

1978, c. 9, s. 316; 2009, c. 51, s. 17; I.N. 2016-01-01 (NCCP).

2010-06-30

316. If a person has engaged or engages in a practice prohibited under Title II or a merchant has included or includes in a contract a stipulation prohibited by this Act or a regulation, or has included or includes a stipulation inapplicable in Québec that is referred to in section 19.1 without complying with that section, the president may apply to the court for an injunction ordering the person to cease engaging in the practice or ordering the merchant to cease including such a stipulation in a contract, or to comply with section 19.1.

A consumer advocacy body that has been constituted as a legal person for at least one year may apply for an injunction under this section and is deemed to have the interest required for that purpose. The court may not decide on the application for injunction filed by such a body unless a notice, attached to the motion to institute proceedings or the application for an interlocutory injunction, as the case may be, is notified to the president.

If an injunction granted under this section is not complied with, a motion for contempt of court may be brought by the president or the body referred to in the second paragraph.

1978, c. 9, s. 316; 2009, c. 51, s. 17.

1980-04-30

316. Where a person has used or is using a prohibited practice contemplated in Title II, the president may apply to the court for an injunction ordering that person to cease using such practice.

1978, c. 9, s. 316.