P-40.1 - Consumer Protection Act

Section 338.1 Disposition versions

2015-10-19

338.1. Section 338 does not apply to security given by a road vehicle dealer or recycler. In both cases and on the terms and conditions prescribed by regulation, the security is to be used

(a)  to indemnify any consumer who has a claim against the person who gave the security or that person’s representative;

(b)  to reimburse to the true owner of a road vehicle an amount equal to the price the true owner was required to pay to the purchaser as a condition for revendicating the road vehicle from the purchaser, in the case of the sale of the property of another by the road vehicle dealer or recycler;

(c)  to reimburse to the owner of a stolen road vehicle that was dismantled or sold for parts by the road vehicle recycler an amount equal to the value of the vehicle at the time of the theft; and

(d)  to pay the fine imposed on the person who gave the security or that person’s representative.

For the purposes of subparagraph b of the first paragraph, the following persons have no recourse against the surety in respect of a road vehicle that has been sold or leased:

(a)  the transferee of a contract of sale of a road vehicle if the contract has a reserve of ownership or the transferee of a long-term contract of lease, within the meaning of section 150.2, of a road vehicle; and

(b)  road vehicle dealer who has reserved the ownership of a road vehicle that the dealer has sold or a dealer who has leased a road vehicle under a long-term contract of lease within the meaning of section 150.2.

2015, c. 4, s. 15.

1989-08-03

338.1. (Repealed).

1984, c. 47, s. 131; 1988, c. 45, s. 8.

1985-12-15

338.1. The president may appoint a provisional administrator to manage temporarily, continue or terminate the current business of a merchant who is required to hold a permit under paragraph d of section 321, or in any of the following cases:

(a)  where the merchant operates without a permit;

(b)  where the merchant no longer meets one of the requirements prescribed by the Act or by regulation for obtaining a permit;

(c)  where the merchant’s permit is cancelled or suspended by the president or where the latter refuses to renew the permit;

(d)  where the president has reasonable cause to believe that, during the term of his permit, the merchant did not comply with an obligation prescribed in section 323.1;

(e)  where the president considers that the rights of consumers could be jeopardized if that measure is not taken.

1984, c. 47, s. 131.