148(3) [Renumbered as subsection 138(3)] S.M. 2006, c. 31, s. 3 ; S.M. 2009, c. 12, s. 4 ; S.M. 2013, c. 54, s. 19 ; S.M. 2014, c. 12, s. 8 . Cash card 148.1(1) If a cash card is issued in respect of a payday loan, the lender must (a) provide to the borrower, on demand by the borrower and at no cost to the borrower, a statement of the cash card balance; and (b) pay to the borrower in cash, on demand by the borrower or the director and at no cost to the borrower, the amount of the cash card balance (i) if the balance is less than the prescribed amount, or $25 if no amount is prescribed, or (ii) if the loan has been repaid and the card has expired. Balance applied to repayment 148.1(2) Despite clause (1)⁠(b), but subject to the regulations, the lender may apply the cash card balance as payment towards the loan if the borrower has failed to repay the loan by the end of the term of the payday loan agreement. S.M. 2009, c. 12, s. 5 . Borrower may cancel within 48 hours 149(1) A borrower may cancel a payday loan within 48 hours — excluding Sundays and other holidays — after receiving the initial advance or a cash card or other device enabling the borrower to access funds under the loan. Additional cancellation rights 149(2) In addition to having a cancellation right under subsection (1), a borrower may cancel a payday loan at any time, if (a) the payday lender did not notify the borrower of their right under subsection (1) to cancel the loan; or (b) the notice of the right to cancel given to the borrower does not meet the requirements of section 148. "Payday lender" defined 149(3) In subsections (4) and (5), "payday lender" includes an officer, employee or agent of the payday lender at the location at which the payday loan was arranged or provided. Procedure for cancelling loan 149(4) To cancel a payday loan under subsection (1) or (2), the borrower must (a) give written notice of the cancellation to the payday lender; and (b) repay, by cash, certified cheque or money order or in a prescribed manner, the outstanding balance of the initial advance, less any cost of credit that was paid by or on behalf of the borrower or deducted or withheld from the initial advance. Form of repayment 149(5) For the purpose of clause (4)⁠(b), (a) if the initial advance was made in the form of a cheque, a return of the unnegotiated cheque to the payday lender is to be considered a repayment of the initial advance; and (b) if the initial advance was made in the form of a cash card or other device that enabled the borrower to access funds under the loan, returning that card or device to the payday lender is to be considered a repayment of the initial advance to the extent of the cash or credit balance remaining on the card or device. Payday lender to give receipt 149(6) Upon the cancellation of a payday loan under this section, the payday lender must immediately give the borrower a receipt, in the form referred to in subclause 148(1)⁠(a)⁠(v), for what the borrower paid or returned to the payday lender upon cancelling the loan. Effect of cancellation 149(7) The cancellation of a payday loan under this section extinguishes every liability and obligation of the borrower under, or related to, the payday loan agreement. No fee on cancellation 149(8) No payday lender shall (a) charge, or require or accept the payment of; or (b) arrange for or permit any other person to charge, or to require or accept the payment of; any amount or consideration for, or as a consequence of, the cancellation of a payday loan under this section. Refund to borrower on cancellation of loan 149(9) Upon the cancellation of a payday loan under this section, the payday lender must immediately reimburse the borrower, in cash, for all amounts paid, and the value of any consideration given, by or on behalf of the borrower as a cost of credit for the loan, less any amount deducted or withheld from the initial advance or from the repayment of it under clause (4)⁠(b). Cancellation rights in addition to other rights 149(10) The cancellation rights under this section are in addition to, and do not affect, any other right or remedy the borrower has under the payday loan agreement or at law. S.M. 2006, c. 31, s. 3 ; S.M. 2014, c. 12, s. 9 . No security to be taken 150 No payday lender shall require, take or accept, directly or indirectly, (a) real or personal property; (b) an interest in real or personal property; or (c) a guarantee; as security for the payment of a payday loan or the performance of an obligation under a payday loan agreement. S.M. 2006, c. 31, s. 3 . Wage assignments not valid 151(1) An assignment of wages is not valid if it is given in consideration of a payday loan or an advance under a payday loan, or to secure or facilitate a payment in relation to a payday loan. Requesting or requiring wage assignment prohibited 151(2) No payday lender shall request or require a person to make an assignment of wages in relation to a payday loan. "Assignment of wages" defined 151(3) In this section, "assignment of wages" includes an order or direction by an employee to pay all or any part of their wages to another person. S.M. 2006, c. 31, s. 3 . Maximum amount of loan 151.1(1) No payday lender shall enter into a payday loan agreement with a borrower for a loan that exceeds the proportion of the borrower's net pay prescribed by regulation. Consequence of failure to comply 151.1(2) If a payday lender contravenes subsection (1) and the borrower has not misrepresented to the lender the amount of the borrower's net pay, (a) the borrower is not liable for any amount charged as a cost of credit for the payday loan; and (b) the lender must immediately reimburse the borrower, in cash, on demand by the borrower or the director, for (i) the total of all amounts paid, and (ii) the value of any other consideration given, as a cost of credit for the loan, including any amount paid or consideration given to a person other than the payday lender. This is in addition to any penalty that the lender may be subject to under any other provision of this Act or the regulations. S.M. 2009, c. 12, s. 6 . Limit on charges for extension or renewal of term or for replacement loan 152(1) No payday lender shall, in relation to a transaction or series of transactions involving a replacement loan or the extension or renewal of a payday loan, (a) charge or require or accept the payment of; or (b) arrange for or permit any other person to charge or to require or accept the payment of; any amount or consideration except as permitted by regulation. Consequences of failure to comply 152(2) If a payday lender contravenes subsection (1), (a) the borrower is not liable for any amount charged (i) for the extension or renewal of the loan or as a cost of credit relating to the extension or renewal, or (ii) as a cost of credit in relation to the replacement loan; and (b) the lender must immediately reimburse the borrower, in cash, upon demand by the borrower or the director, for (i) the total of all amounts paid, and (ii) the value of any other consideration given, for the extension or renewal of the payday loan or as a cost of credit for the replacement loan, including any amount paid or consideration given to a person other than the payday lender. This is in addition to any penalty that the lender may be subject to under any other provision of this Act or the regulations. S.M. 2006, c. 31, s. 3 ; S.M. 2009, c. 12, s. 14 . Limit to amounts payable for default 153(1) No payday lender shall, in relation to any default by the borrower under a payday loan, (a) charge or require or accept the payment of; or (b) arrange for or permit any other person to charge or to require or accept the payment of; any penalty or other amount except as permitted by regulation. Consequences of failure to comply 153(2) If a payday lender contravenes subsection (1), (a) the borrower is not liable for any amount charged in relation to their default under the payday loan; and (b) the lender must immediately reimburse the borrower, in cash, upon demand by the borrower or the director, for any amount paid by the borrower in respect of that default. This is in addition to any penalty that the lender may be subject to under any other provision of this Act or the regulations. S.M. 2006, c. 31, s. 3 ; S.M. 2009, c. 12, s. 15 . Concurrent loans prohibited 154(1) No payday lender shall offer, arrange or provide a payday loan to a borrower who is indebted to the lender under an existing payday loan, unless the new loan is a replacement loan and, immediately after the initial advance under the new loan is made, the borrower is no longer indebted under the existing loan. Consequences of failure to comply 154(2) If a payday lender contravenes subsection (1), (a) the borrower is not liable for any amount charged as a cost of credit for the new loan; and (b) the lender must reimburse the borrower, in cash, immediately upon demand by the borrower or the director, for (i) the total of all amounts paid, and (ii) the value of any other consideration given, in respect of the borrower's cost of credit for the new loan, including any amount paid or consideration given to a person other than the payday lender. This is in addition to any penalty that the lender may be subject to under any other provision of this Act or the regulations. S.M. 2006, c. 31, s. 3 ; S.M. 2009, c. 12, s. 16 . Discounting prohibited 154.1 No payday lender shall discount the principal amount of the payday loan by deducting or withholding from the advance an amount representing any portion of the cost of credit or any component of the cost of credit. S.M. 2009, c. 12, s. 7 . Tied selling restricted 154.2 No payday lender shall make a payday loan contingent on the purchase of another product or service, unless the borrower's cost of it is included in the borrower's cost of credit for the payday loan. S.M. 2009, c. 12, s. 7 . Joint liability for refund 155 If a payday loan is arranged by one payday lender and provided by another payday lender, both lenders are jointly and severally liable to the borrower for any amount to be refunded or reimbursed to the borrower under this Part. S.M. 2006, c. 31, s. 3 . Information to be posted 156 A payday lender must post signs at each location at which the lender offers, arranges or provides payday loans. The signs must be posted prominently and in accordance with the regulations, and must clearly and understandably set out, in the form required by the regulations, (a) all components of the cost of credit, including all fees, charges, penalties, interest and other amounts and consideration for a representative payday loan transaction; and (b) any other information required by the regulations. S.M. 2006, c. 31, s. 3 ; S.M. 2009, c. 12, s. 17 . Records to be kept 157 A payday lender must maintain records in accordance with the regulations, including records of all payday loans that it offers, arranges or provides, and all payday loan agreements that it enters into. S.M. 2006, c. 31, s. 3 . 158 [Repealed] S.M. 2006, c. 31, s. 3 ; S.M. 2013, c. 45, s. 19 . 159 [Repealed] S.M. 2006, c. 31, s. 3 ; S.M. 2012, c. 18, s. 9 ; S.M. 2013, c. 45, s. 19 . 160 and 161 [Repealed] S.M. 2006, c. 31, s. 3 ; S.M. 2013, c. 45, s. 19 . 161.1 [Repealed] S.M. 2009, c. 12, s. 8 ; S.M. 2012, c. 18, s. 10 ; S.M. 2013, c. 45, s. 19 . 161.2 [Repealed] S.M. 2009, c. 12, s. 8 ; S.M. 2012, c. 18, s. 11 ; S.M. 2013, c. 45, s. 19 . 161.3 [Repealed] S.M. 2009, c. 12, s. 8 ; S.M. 2012, c. 18, s. 12 ; S.M. 2013, c. 45, s. 19 . 161.4 [Repealed] S.M. 2009, c. 12, s. 8 ; S.M. 2012, c. 18, s. 13 ; S.M. 2013, c. 45, s. 19 . 161.5 [Repealed] S.M. 2009, c. 12, s. 8 ; S.M. 2012, c. 18, s. 14 ; S.M. 2013, c. 45, s. 19 . 161.6 and 161.7 [Repealed] S.M. 2009, c. 12, s. 8 ; S.M. 2014, c. 12, s. 10 . GUIDELINES AND REGULATIONS Guidelines re payday loan agreements 162 To assist payday lenders in developing payday loan agreements that are clear and understandable, the director may issue guidelines about the form of such agreements. S.M. 2006, c. 31, s. 3 . Regulations 163(1) The Lieutenant Governor in Council may make regulations (a) exempting any class of payday loans from the application of this Part or any provision of this Part; (a.1) extending or limiting the meaning of "cash card"; (a.2) specifying transactions or series of transactions for the purpose of clause (b) of the definition "replacement loan" in section 137; (b) exempting credit grantors or classes of credit grantors from the application of this Part or any provision of it; (c) respecting licences, including (i) the content of applications for licences and renewals of licences, (ii) qualifications of, and requirements to be met by, applicants and payday lenders, (iii) information and records to be provided to the director by applicants and payday lenders, (iv) licence fees and licence renewal fees, (v) the form of a licence, and (vi) the terms and conditions of a licence; (c.1) for the purpose of protecting borrowers, prescribing responsibilities of payday lenders and governing or prohibiting activities and practices; (d) respecting bonds and other security, including (i) the terms, conditions and amount of a bond or other security, and (ii) the forfeiture of a bond and other security, and disposition of proceeds of forfeiture; (e) defining "cost of credit", or extending or limiting the meaning of that expression, for the purposes of this Part; (e.1) respecting the timing or manner of delivery of advances under payday loans; (f) for the purpose of section 146, respecting the manner of giving or serving notices, decisions and other documents; (f.1) for the purpose of section 147, (i) fixing the maximum cost of credit for a payday loan, or establishing a rate, formula or tariff for determining it, and (ii) fixing the maximum amounts for components of the cost of credit, or establishing rates, formulas or tariffs for determining them; (g) for the purpose of clause 148(1)⁠(b), respecting documents and information that a payday lender must provide to a borrower; (g.1) respecting cash cards, and other means by which a borrower may access funds under a payday loan, including (i) prescribing the cash card balance below which the borrower is entitled to a cash payment under clause 148.1(1)⁠(b), and (ii) respecting the circumstances and manner in which a cash card balance may be applied under subsection 148.1(3) to the outstanding balance of a payday loan; (h) for the purpose of subsection 149(7), specifying whether a liability or obligation is, or is not, related to a payday loan agreement; (h.1) for the purpose of section 151.1, defining "net pay" and prescribing the proportion of a borrower's net pay that must not be exceeded by a payday loan; (i) for the purpose of section 152, prescribing fees or costs — or establishing rates, formulas or tariffs for determining fees or costs — that may be charged, required or accepted in relation to a replacement loan or an extension or renewal of a payday loan; (i.1) for the purpose of section 153, prescribing a penalty or other amount — or establishing a rate, formula or tariff for determining a penalty or other amount — that may be charged, required or accepted in relation to a default by the borrower under a payday loan; (i.2) specifying circumstances in which no amount may be charged, required or accepted in respect of a payday loan, the extension or renewal of a payday loan, or a default under a payday loan; (j) for the purpose of section 156, respecting the posting of signs, and the form and content of information to be placed on the signs; (k) for the purpose of section 157, respecting the records to be maintained by payday lenders, including the length of time for which and location at which records must be retained; (l) respecting the information, including personal information, that payday lenders are required to provide to the director and the times, form and manner in which the information is to be provided; (m) respecting Internet payday loans; (n) [repealed] S.M. 2013, c. 45, s. 19 ; (o) respecting advertising in relation to payday loans; (p) respecting the collection practices of payday lenders, including modifying or limiting any provision of Part XII and restricting or prohibiting activities that are not restricted or prohibited under that Part; (p.1) respecting information to be posted on a payday lender's website; (p.2) modifying or limiting the application of Part II and the regulations under that Part to payday loans, payday lenders and payday loan agreements, including (i) modifying or limiting any definition in subsection 1(1), or clarifying its application, for the purposes of this Part, and (ii) modifying or limiting any provision of Part II, or clarifying its application, for the purposes of this Part; (q) [repealed] S.M. 2014, c. 12, s. 11 ; (r) respecting any other matter the Lieutenant Governor in Council considers necessary for the administration of this Part. Scope and application of regulation 163(2) A regulation under subsection (1) (a) may be general or particular in its application; and (b) may establish classes of payday loans, payday lenders or borrowers and may apply differently to different classes. Regulations about Internet payday loans 163(3) Without limiting clause (1)⁠(m), a regulation made under that clause may do one or more of the following: (a) designate another jurisdiction as a reciprocating jurisdiction if, in the opinion of the Lieutenant Governor in Council, it has similar law for the regulation of payday loans; (b) authorize the minister, on behalf of the government, to enter into an agreement with the government of a reciprocating jurisdiction respecting the application, administration or enforcement of this Part or the law of that jurisdiction in respect of Internet payday loans; (c) in accordance with any agreement made under clause (b), specify which law applies or does not apply when both this Part and the law of the reciprocating jurisdiction purport to apply to an Internet payday loan; (d) extend, modify or limit the application of any provision of this Part in relation to an Internet payday loan. S.M. 2006, c. 31, s. 3 ; S.M. 2009, c. 12, s. 9 ; S.M. 2013, c. 45, s. 19 ; S.M. 2014, c. 12, s. 11 ; S.M. 2018, c. 29, s. 8 . THE PUBLIC UTILITIES BOARD "Board" defined 164(1) In this section and sections 164.1 and 164.2, "board" means The Public Utilities Board. Review within 3 years 164(2) Within three years after the first regulation under clause 163(1)⁠(f.1) (maximum cost of credit) comes into force, the board must commence a review of (a) the meaning of "cost of credit" for the purposes of this Part; (b) the maximum cost of credit — or any rate, tariff or formula for determining the maximum cost of credit — that may be charged, required or accepted in respect of a payday loan; and (c) the maximum amounts, or the rates, tariffs or formulas for determining the maximum amounts, that may be charged, required or accepted (i) in respect of any component of the cost of credit for a payday loan, (ii) in respect of the extension or renewal of a payday loan, (iii) in respect of a replacement loan, or (iv) in respect of a default by the borrower under a payday loan. Public consultation 164(3) In the course of the review, the board must provide an opportunity for public consultation in order to obtain advice and recommendations from experts and persons or groups of persons affected by this Part. Form of consultation 164(4) The board may decide how to conduct the public consultation, which may include a public hearing, and may establish its own procedures for the consultation. Rules of evidence 164(5) If the board holds a hearing, it is not bound by the technical rules of legal evidence, but the board may allow or require evidence to be provided, and witnesses to be examined, under oath or affirmation. Participant's costs 164(6) On the application of a participant in the consultation, the board may require some or all of the participant's costs relating to the consultation to be reimbursed by the government. Advisers to the board 164(7) The board may appoint one or more experts, or persons having special knowledge about payday lending, to assist the board in the review. Report to minister 164(8) Within six months after commencing the review, or within any longer period allowed by the minister, the board must prepare and submit its report to the minister. The report (a) must include (i) a description of the board's consultation and the results of the consultation, and (ii) the board's recommendations about the matters reviewed under subsection (2); and (b) may include any other recommendations about the regulation of payday lenders or payday loans. Board to publish its report 164(9) After submitting the report to the minister, the board must publish it on the Internet. Board's costs 164(10) The board's costs of the review and the report, including the cost of any assistance obtained under subsection (7), and any costs payable by the government under subsection (6) are payable out of the Consolidated Fund with money authorized by an Act of the Legislature to be so paid and applied. S.M. 2006, c. 31, s. 3 ; S.M. 2009, c. 12, s. 10 . Minister may seek advice 164.1(1) The minister may at any time seek the advice and recommendations of the board with respect to any matter relating to the regulation of payday lenders or payday loans. Further reviews 164.1(2) Within three years after the board completes its latest review and report to the minister under section 164, and every third year after that, the minister must review the effectiveness of this Part and the regulations under this Part and decide (a) whether to require a further review by the board in accordance with section 164; and (b) whether to recommend changes to this Part or the regulations under this Part. S.M. 2009, c. 12, s. 10 . Limited application of Public Utilities Board Act 164.2 The Public Utilities Board Act , other than sections 20 and 23, does not apply in respect of any review conducted by the board, or any advice or recommendations given by the board under this Part. S.M. 2009, c. 12, s. 10 . PART XIX GOVERNMENT CHEQUE CASHING FEES Definitions 165 The following definitions apply in this Part. "cheque cashing fee" means (a) a fee, commission or other amount or consideration charged, paid or given for cashing or negotiating a government cheque; and (b) any other fee, commission, amount or consideration designated by regulation as a cheque cashing fee. (« frais d'encaissement de chèque ») "government agency" means a body designated as a government agency in the regulations. (« organisme gouvernemental ») "government cheque" means a cheque or other written order to pay drawn on an account of (a) the Government of Canada; (b) the Government of Manitoba; (c) a government agency; or (d) a local government body. (« chèque du gouvernement ») "local government body" means (a) a municipality; (b) a local government district; (c) a community or incorporated community under The Northern Affairs Act ; or (d) a school division or school district established under The Public Schools Act ; designated as a local government body in the regulations. (« organisme d'administration locale ») S.M. 2006, c. 17, s. 2 . Prohibition against unauthorized fees 166 No person shall (a) charge, require or accept; or (b) permit any other person to charge, require or accept; a cheque cashing fee except as permitted by or under an order of The Public Utilities Board. S.M. 2006, c. 17, s. 2 . Definition of "payer" 167(1) In this section, " payer " means a person who pays or is charged or required to pay a cheque cashing fee. Consequences of failure to comply 167(2) If a person contravenes section 166, (a) the payer is not liable to pay the cheque cashing fee or any part of it; and (b) the person must, immediately on demand by the payer or the director, reimburse the payer, in cash for (i) the total amount paid as a cheque cashing fee, and (ii) the value of any other consideration given. This is in addition to any penalty that the person may be subject to under any other provision of this Act or the regulations. S.M. 2006, c. 17, s. 2 . Regulations 168(1) The Lieutenant Governor in Council may make regulations (a) designating a fee, commission or other amount or consideration as a cheque cashing fee for the purpose of this Part; (b) designating a body as a government agency for the purpose of this Part; (c) designating any of the following as a local government body for the purpose of this Part: (i) a municipality, (ii) a local government district, (iii) a community or incorporated community under The Northern Affairs Act , or (iv) a school division or school district established under The Public Schools Act ; (d) exempting any transaction or class of transactions or any person or class of persons from the application of this Part or a regulation under this Part; (e) respecting any other matter the Lieutenant Governor in Council considers necessary for the administration of this Part. Application of regulation 168(2) A regulation under this Part may be general or particular in its application and may apply to one or more classes of persons or things, and to the whole or any part of the province. S.M. 2006, c. 17, s. 2 ; S.M. 2026, c. 37, s. 16 . "Board" defined 169(1) In this section, " board " means The Public Utilities Board. Board to set maximum amount of fee 169(2) The board must, by order, fix the maximum amount, or establish a rate, formula or tariff for determining the maximum amount, that may be charged, required or accepted as a cheque cashing fee. What the board may consider 169(3) In making an order under this section, the board may consider (a) the business operating requirements of persons who cash or negotiate cheques for a fee; (b) the financial risks taken by persons who cash or negotiate government cheques for a fee; (c) any other factors that the board considers relevant and in the public interest; and (d) any data that the board considers relevant. Order to be just and reasonable 169(4) An order made under this section must be one that the board considers just and reasonable in the circumstances, having regard to the factors and data considered by it. Review requested by minister 169(5) The board must review its existing orders under this section, if requested by the minister. After the review, the board must make a new order that replaces the existing orders. No independent power of review 169(6) The board is not permitted to review its existing orders on its own initiative. Time limit for review 169(6.1) Within six months after commencing the review, or within any longer period allowed by the minister, the board must (a) issue an order under subsection (5); and (b) prepare and submit a report to the minister, including a copy of the order and a description of the board's review and hearing process under this section. Notice and hearing 169(7) Before making an order under this section, the board must give public notice and hold a public hearing in respect of the subject matter of the order. Board may determine status 169(8) At a hearing under this section, the board may define the status and rights of any person wishing to make a submission or to provide or challenge evidence provided to the board. The board may refuse to admit evidence or receive a submission that, in the board's opinion, is not relevant to the subject matter of the hearing. Costs of intervener payable by government 169(9) The board may determine whether an intervener is entitled to costs for participating in a hearing under this section, and may fix the amount of those costs. Costs are payable out of the Consolidated Fund with money authorized by an Act of the Legislature to be so paid and applied. 169(10) [Repealed] S.M. 2013, c. 39, Sch. A, s. 42 . Application of Public Utilities Board Act 169(11) Part I of The Public Utilities Board Act applies, with necessary changes, to the making of an order under this section as if the powers and duties of the board under this section were assigned to the board under that Part, except for the following provisions: (a) section 33 (power of board on complaints); (b) section 34 (power to appoint counsel) as it relates to the fees and expenses of the person appointed; (c) subsection 51(2) (time for service of order); (d) section 52 (enforcement of order); (e) section 56 (order as to costs) as it relates to the costs of an intervener; (f) section 57 (fees). S.M. 2006, c. 17, s. 2 ; S.M. 2013, c. 39, Sch. A, s. 42 ; S.M. 2017, c. 34, s. 1 . PART XX PREPAID PURCHASE CARDS Definition 170 In this Part, " prepaid purchase card " means, subject to the regulations, an electronic card, written certificate or other voucher or device with a monetary value, that is issued or sold in exchange for the future purchase or delivery of goods or services, and includes a gift card and gift certificate. S.M. 2006, c. 27, s. 2 . No expiry date 171(1) No person shall issue or sell a prepaid purchase card that has an expiry date, except as may be provided in the regulations. Valid until redeemed or replaced 171(2) A prepaid purchase card that is issued or sold without an expiry date is valid until fully redeemed or replaced. S.M. 2006, c. 27, s. 2 . Information to be provided 172 A person who issues or sells a prepaid purchase card must provide information to the consumer as specified in the regulations. S.M. 2006, c. 27, s. 2 . Regulations 173(1) The Lieutenant Governor in Council may make regulations respecting prepaid purchase cards, including, without limitation, (a) extending or limiting the meaning of "prepaid purchase card" for the purpose of this Part; (b) exempting classes of prepaid purchase cards and classes of persons who issue, sell or redeem prepaid purchase cards from the application of this Part or any provision of it; (c) governing the use of expiry dates for prepaid purchase cards that are exempt from subsection 171(1); (d) respecting the imposition of restrictions, prohibitions and other terms and conditions on the issuance, sale, redemption, replacement and use of prepaid purchase cards; (e) respecting the information that must be provided in relation to prepaid purchase cards, and the form, timing and manner of providing that information; (f) governing the fees, including inactivity fees or service fees, that may be charged in relation to prepaid purchase cards, including prescribing the amount of a fee or a method of determining the amount of a fee, and prescribing circumstances in which no fee is payable; (g) defining any word or phrase used but not defined in this Part; (h) respecting any matter that the Lieutenant Governor in Council considers necessary for the administration of this Part. Restriction on inactivity fees 173(2) Despite clause (1)⁠(f), a regulation governing the fees that may be charged in relation to prepaid purchase cards may not authorize an inactivity fee in relation to a prepaid purchase card that was issued or sold for cash or other consideration. S.M. 2006, c. 27, s. 2 ; S.M. 2015, c. 22, s. 2 . PART XXI NEGATIVE OPTION MARKETING DEFINITIONS Definitions 174(1) The following definitions apply in this Part. "negative option marketing" means, subject to subsection (2), a practice in which a supplier (a) provides goods or services to a consumer — including an enhancement to a service that the 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 them. (« commercialisation par abonnement par défaut ») "supplier" means a person who, in the course of the person's business, provides goods or services to consumers. (« fournisseur ») When negative option marketing does not occur 174(2) Negative option marketing does not occur when (a) goods or services are supplied to a consumer under a written contract that provides for periodic supply without further solicitation, but only if the contract sets out — prominently, and in a form and using language that is clear and understandable — that the goods or services will be supplied periodically without further solicitation; (b) there is a change to periodically supplied goods or services, if the change is not a material change under section 178; or (c) the consumer knows or ought to know that the goods or services were intended for delivery to someone else. Request not inferred 174(3) For the purpose of the definition "negative option marketing", a request to buy goods or services must not be inferred solely from the passage of time or from inaction on the consumer's part, or from the consumer's use of or payment for the goods or services. S.M. 2010, c. 31, s. 5 . OBLIGATIONS AND RIGHTS Negative option marketing prohibited 175 No supplier shall supply goods or services to a consumer using negative option marketing. S.M. 2010, c. 31, s. 5 . No consumer liability 176(1) A consumer is not liable to pay for any goods or services received under negative option marketing. No consumer obligation re use, etc. 176(2) A consumer has no legal obligation or liability respecting the use, loss or disposal of goods received under negative option marketing. S.M. 2010, c. 31, s. 5 . Consumer's remedy: refund 177(1) A consumer who pays for goods or services supplied using negative option marketing may demand a refund from the supplier within one year after making the payment, as long as the consumer did not expressly acknowledge to the supplier in writing their intention to accept the goods or services. Supplier must refund 177(2) A supplier who receives a demand for a refund under subsection (1) must make the refund within 30 days after receiving the demand. S.M. 2010, c. 31, s. 5 . MATERIAL CHANGE IN PERIODIC SUPPLY OF GOODS OR SERVICES Material change deemed negative option marketing 178(1) If there is a material change in goods or services supplied to a consumer on a periodic basis, the goods or services are deemed to be supplied using negative option marketing from the time of the material change, unless the supplier can establish that the consumer expressly consented to the change. Establishing consent 178(2) A supplier may rely on a consumer's consent to a material change if it is made in a way that permits the supplier to produce evidence to establish the consent. When consent not established 178(3) A supplier does not establish a consumer's consent by giving the consumer a notice to the effect that the supplier will supply the materially changed goods or services unless the consumer instructs the supplier not to do so. "Material change" described 178(4) Subject to the regulations, a change or a series of changes is a material change under this section if it is of such a nature or quality that it could reasonably be expected to influence a reasonable person's decision as to whether to agree to the supply of the goods or services. S.M. 2010, c. 31, s. 5 . APPLICATION OF THIS PART Application of this Part 179 This Part applies to negative option marketing if (a) the supplier or consumer is a resident of Manitoba; or (b) the goods or services are received in Manitoba or supplied from Manitoba. S.M. 2010, c. 31, s. 5 . PART XXII 180 to 211 [Repealed] S.M. 2011, c. 25, s. 2 ; S.M. 2013, c. 45, s. 20 ; S.M. 2021, c. 31, s. 8 . PART XXIII MOTOR VEHICLE WORK AND REPAIRS Definitions 212 The following definitions apply in this Part. "estimate" means an estimate of the total cost of the work to be performed on and repairs to be done to the motor vehicle being repaired. (« devis ») "motor vehicle" means a motor vehicle as defined in The Highway Traffic Act that is registered or may be registered as a motor vehicle under The Drivers and Vehicles Act . (« véhicule automobile ») "repairer" means a person who performs work on or repairs motor vehicles, at a charge or price or for consideration, in the ordinary course of business. (« réparateur ») S.M. 2012, c. 14, s. 2 . Non-application 213(1) This Part does not apply to work performed on or repairs done to an insured vehicle in respect of a claim that is made by an insured under The Manitoba Public Insurance Corporation Act and for which coverage is provided under that Act. Same meaning 213(2) In this section, "insured" and "insured vehicle" have the same meaning as in section 48 of the Automobile Insurance Coverage Regulation , Manitoba Regulation 290/88 R. S.M. 2012, c. 14, s. 2 . Estimate 214(1) No repairer shall charge a consumer for any work performed on or repairs done to a motor vehicle unless the repairer first gives the consumer an estimate that meets the prescribed requirements. Exception 214(2) Despite subsection (1), a repairer may charge a consumer for work or repairs without giving an estimate if each of the following conditions is met: (a) the repairer offers to give the consumer an estimate and the consumer declines the offer; (b) the consumer specifically authorizes the maximum amount that they will pay the repairer to perform the work or do the repairs; (c) the cost charged for the work or repairs does not exceed the maximum amount authorized by the consumer. Application 214(3) This section applies if the total cost charged for the work or repairs is more than the amount prescribed by regulation. S.M. 2012, c. 14, s. 2 . Fee may be charged for preparing estimate 215(1) No repairer shall charge a fee for an estimate unless the consumer is informed in advance that a fee will be charged and the amount of the fee. Items included in fee 215(2) Subject to the regulations, a fee for an estimate is deemed to include the cost of (a) diagnostic time; (b) re-assembling the motor vehicle; and (c) parts that will be damaged and must be replaced when re-assembling; if the work or repairs are not authorized by the consumer. S.M. 2012, c. 14, s. 2 . Authorization required 216 No repairer shall charge for any work or repairs unless the consumer authorizes the work or repairs. S.M. 2012, c. 14, s. 2 . Exceeding estimate restricted 217(1) In respect of work or repairs for which an estimate was given, no repairer shall charge the consumer an amount that exceeds the total of the estimate and the prescribed percentage of the estimate or amount determined in the prescribed manner. Consequence of failure to comply 217(2) If a repairer contravenes subsection (1), (a) the consumer is not liable for the excess; and (b) the repairer must reimburse the consumer immediately upon demand by the consumer or director for that amount if the consumer has paid it. This is in addition to any penalty that the repairer may be subject to under any other provision of this Act. S.M. 2012, c. 14, s. 2 . Authorization not in writing 218(1) If an authorization required by section 214 or 216 is not given in writing, the authorization is not effective unless it is recorded in a manner that meets the prescribed requirements and contains the prescribed information. Additional work or repairs require estimate and authorization 218(2) To avoid doubt, if, while performing work on or doing repairs to a motor vehicle, the need for work or repairs that are new or substantially different from the work or repairs that are covered by the estimate is identified by the repairer, the repairer must not charge for the additional work or repairs without first complying with subsection (1) and sections 214 to 217. S.M. 2012, c. 14, s. 2 . Posting signs 219 A repairer must post the prescribed signs in accordance with the prescribed requirements. S.M. 2012, c. 14, s. 2 . Return of parts 220(1) A repairer must offer to return to the consumer all parts removed in the course of work or repairs and must return all such parts unless advised when the work or repairs are authorized that the consumer does not require their return. Parts kept separate 220(2) A repairer must (a) keep parts removed from the motor vehicle being repaired separate from any other motor vehicles being repaired; and (b) return the parts in a clean container if their return is required under subsection (1). Exception 220(3) Subsections (1) and (2) do not apply to the following: (a) parts for which there has been no charge for the part or for work performed on or repairs done to the part; (b) parts replaced under warranty whose return to the manufacturer or distributor is required; (c) parts exchanged for a retooled or reconditioned part used in the work performed on or repairs done to the motor vehicle. S.M. 2012, c. 14, s. 2 . Invoice 221 On completion of the work or repairs, a repairer must give by a prescribed manner to the consumer an invoice containing the prescribed information. S.M. 2012, c. 14, s. 2 . Warranty 222(1) On the repair of a motor vehicle, a repairer is deemed to warrant all new or reconditioned parts installed and the labour required to install them. Term of warranty 222(2) Unless another term is prescribed by regulation, the term of the warranty is 90 days or 5,000 kilometres, whichever comes first. Calculating time period 222(3) For the purpose of subsection (2), the warranty begins on the date of delivery of the repaired motor vehicle to the consumer. Loss of warranty 222(4) The warranty does not cover damage resulting from misuse or abuse by the consumer with respect to the motor vehicle part. Repairer and subcontractor jointly and severally liable under warranty 222(5) If a repairer uses a subcontractor, the repairer and the subcontractor are jointly and severally liable with respect to the warranty. The repairer must notify the consumer that it has used a subcontractor and provide the consumer with information about how to contact the subcontractor about the warranty. Additional warranty 222(6) The warranty is in addition to the implied and deemed conditions and warranties set out in sections 58, 58.1 and 58.2. S.M. 2012, c. 14, s. 2 . Records to be kept 223 A repairer must make and maintain records, including records of all estimates given and authorizations received, in accordance with the regulations. S.M. 2012, c. 14, s. 2 . 224 to 227 [Repealed] S.M. 2012, c. 14, s. 2 ; S.M. 2013, c. 45, s. 21 . Regulations 228(1) The Lieutenant Governor in Council may make regulations (a) defining "total cost" for the purpose of this Part and the regulations; (b) for the purpose of clause 214(2)⁠(a), prescribing the manner in which a consumer may decline the offer of an estimate; (c) respecting a fee for an estimate that may be charged under section 215; (d) defining "date of delivery" for the purpose of section 222; (e) respecting recordkeeping; (f) prescribing anything referred to in this Part as being prescribed; (g) exempting repairers or classes of repairers, repairs or classes of repairs, parts or classes of parts, or motor vehicles or classes of motor vehicles from the application of this Part or any provision of this Part or the regulations; (h) extending the application of this Part to other prescribed goods and services in relation to a motor vehicle; (i) respecting any matter the Lieutenant Governor in Council considers necessary or advisable for the administration of this Part. Scope and application of regulations 228(2) A regulation under subsection (1) (a) may be general or particular in its application; and (b) may establish classes of repairers, repairs, parts or motor vehicles and may apply differently to different classes. S.M. 2012, c. 14, s. 2 . PART XXIV MOTOR VEHICLE ADVERTISING AND INFORMATION DISCLOSURE Definitions 229 The following definitions apply in this Part. "employ" means to employ, appoint, authorize or otherwise arrange to have another person act on one's behalf, including as an agent or independent contractor. (« employer ») "lemon" means a motor vehicle that was returned to the manufacturer under the laws of another jurisdiction because (a) it did not conform to the manufacturer's warranty; and (b) it had defects or conditions that substantially impaired its use, value or safety and that were not repaired within a reasonable time period or after a reasonable number of attempts. (« véhicule de piètre qualité ») "motor vehicle" has the same meaning as in Part XXIII (Motor Vehicle Work and Repairs). (« véhicule automobile ») "motor vehicle dealer" means a person who carries on the business of trading in motor vehicles as principal or agent, or who holds themselves out as carrying on the business of trading in motor vehicles as principal or agent. (« commerçant de véhicules automobiles ») "trade" includes, without limitation, advertising, buying, selling, leasing or exchanging an interest in a motor vehicle or negotiating or inducing or attempting to induce the buying, selling, leasing or exchanging of an interest in a motor vehicle. (« commerce ») S.M. 2013, c. 34, s. 2 . False advertising 230 No motor vehicle dealer or person employed by a dealer shall make a false, misleading or deceptive statement in any advertisement published by any means relating to trading in motor vehicles. S.M. 2013, c. 34, s. 2 . Advertising must comply with Act and regulations 231(1) A motor vehicle dealer must ensure that any advertisement placed by the dealer complies with this section and the regulations. Advertising requirements re motor vehicle price 231(2) If an advertisement indicates the price of a motor vehicle, the price must be set out in a clear, understandable and prominent manner and must be set out as the total of (a) the amount that a buyer would be required to pay for the motor vehicle; and (b) subject to subsections (3) and (4), the amount of all taxes and other charges related to the trade in the motor vehicle, including, without limitation, all fees, levies and prescribed charges. Jointly placed advertisements must indicate any additional amounts to be charged 231(3) Subject to subsection (4), if an advertisement that indicates a price for a motor vehicle is placed jointly by two or more motor vehicle dealers and if the amount of a charge mentioned in clause (2)⁠(b) varies as between the dealers, the advertisement must indicate in a clear, understandable and prominent manner (a) that a buyer of the vehicle may be requested to pay that amount in addition to the price indicated in the advertisement; and (b) what the charge is for. Taxes not included in price 231(4) Clause (2)⁠(b) and subsection (3) do not apply to amounts under The Retail Sales Tax Act or to the goods and services tax under Part IX of the Excise Tax Act (Canada) if the advertisement indicates that those amounts are not included in the price. Responsibility re jointly placed advertisements 231(5) If an advertisement that indicates a price for a motor vehicle is placed jointly by two or more motor vehicle dealers, each of the dealers must ensure that the advertisement complies with subsections (2) to (4). Advertisement requirement re late-model used motor vehicle 231(6) If an advertisement that attempts to induce a trade in a specific motor vehicle discloses the model year of the vehicle and that model year is the current model year or the immediately previous model year, the advertisement must indicate in a clear, understandable and prominent manner that the vehicle is a used motor vehicle if that is true of the vehicle. S.M. 2013, c. 34, s. 2 . Falsifying information 232 No motor vehicle dealer or person employed by a dealer shall falsify, assist in falsifying or induce or counsel another person to falsify or assist in falsifying any information or document relating to trading in motor vehicles. S.M. 2013, c. 34, s. 2 .