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Bill C-427

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SUMMARY

This enactment provides protection for a credit card customer who has charged a sum to a credit card for goods or services to be delivered later and within a specified time, and who does not receive the goods or services, or substantially all of them, within the time specified.

Goods or services that are unusable or ineffective are deemed not delivered if the customer has returned them, asked the supplier to take them back or rejected them.

A customer who has not received goods or services as promised may, following the expiry of 15 days following the specified delivery date, and after making a reasonable attempt to settle the matter with the supplier, send a notice of complaint to the credit card company.

In an emergency or a case where the defect is discovered while the customer is using the goods or services and it is not practicable to attempt settlement, the notice of complaint may be made immediately to the credit card company. Unless the supplier gives the credit card company a statutory declaration that the delivery has been made or attempted and prevented by the customer, the credit card company must reverse the charge made on the customer's credit card account for the goods or services and any interest charge that has been applied to the account in respect of the charge.

No charge may be made to a customer for this, unless the customer is convicted of knowingly providing materially false information.

The credit card company may then recover the amount of the charge plus interest reversed on the customer's account from the supplier, plus an administration charge.

A customer who gives false information to a credit card company concerning non-delivery is liable to a fine of up to $1,000. A supplier who gives false information to a credit card company concerning non-delivery is liable to a fine of up to $5,000.