Government of Saskatchewan
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Saturday, September 20, 2014
Saskatchewan Justice

Summaries

The Auctioneers Act regulates the sale of property by auction and requires that auction sales be conducted by licensed auctioneers and auction companies. There are some exemptions for auctions of certain non-profit organizations if the auctioneer is not hired for gain. There are rules with respect to the auction process.

The Cemeteries Act, 1999 requires any new cemeteries or those being enlarged or relocated to be registered. Cemeteries include land used for columbaria and mausoleums. Owners of cemeteries are required to maintain cemetery to an acceptable community standard. There are offences and penalties for violations of the legislation. The Act outlines licensing requirements, consumer and maintenance trust fund requirements, obligations and restrictions regarding the sale of cemetery services and supplies, the requirement to make an itemized price list available to the public, and the requirements respecting the establishment, modification, care, maintenance and operation of cemeteries, mausoleums and columbaria.

The Charitable Fund-raising Businesses Act outlines requirements pertaining to for-profit, fund-raising business that raise funds on behalf of charitable organization. A license is required and there are rules for soliciting donations.

The Collection Agents Act regulates the practices of collection agents and collectors and requires them to be licensed, bonded and to maintain trust funds. An agency that practices prohibited methods of debt collection can have its license suspended or cancelled, and may have its bond forfeited to pay persons who suffered a financial loss. This Act does not apply to employees of banks or credit unions or to persons who collect their own debts only.

The Consumer Protection Act focuses on market place transactions between a retailer and a consumer with respect to the sale or purchase of goods or services intended for personal or household use.

Generally, this legislation does not apply to: business to business transactions; goods and services intended for business use; or those items covered by The Agricultural Implements Act. One notable exception is the application of the warranty sections to products sold to farming and fishing operations, and non-profit organizations.

The Cost of Credit Disclosure Act, 2002 came into force on October 1st, 2006. The Act requires lenders and retailers to disclose interest and other borrowing costs in an accurate and consistent manner. This will help consumers assess and compare credit options. It also protects consumers by prohibiting certain finance charges and penalties on prepayment of most consumer loans or leases.

The Act applies to provincially-regulated lenders, including credit unions, trust companies, leasing companies, and to retailers who offer credit to people who are borrowing for personal, family or household purposes, or to individuals borrowing for farm, ranch and feedlot operations in Saskatchewan. In addition, this Act applies to mortgages, credit card transactions, leases and lines of credit.

The Act contains additional requirements about the information lenders must disclose to borrowers, both before and after the consumer enters into an agreement. It also outlines how annual percentage rates are calculated and disclosed.

This Act, 2002 fulfills Saskatchewan's commitments under the 1994 Agreement on Internal Trade, between the federal government and the provinces and territories, to develop harmonized cost of credit disclosure legislation across the country.

The Credit Reporting Act regulates the practices of credit reporting agencies and requires them to be licensed. An agency that practices prohibited methods of credit reporting can have its license suspended or cancelled.

The Direct Sellers Act requires direct sales companies and salespeople making door-to-door sales, home-party sales and telephone sales to be licensed and bonded. Certain salespeople not required to be licensed but must carry an identification card. A direct seller that practices illegal methods of selling can have his or her license suspended or cancelled and his or her bond forfeited to pay the people who suffered a loss.

The Film and Video Classification Act governs the classification of all films and videos shown, rented or sold in Saskatchewan. Pursuant to a 5-year renewable agreement, the British Columbia Film Classification Office classifies all new theatrical releases on behalf of the Saskatchewan Film and Video Classification Board.

Every wholesale distributor, retail distributor or exhibitor must register with Saskatchewan's Film and Video Classification Board before being allowed to distribute or exhibit a film or video in Saskatchewan. Registrations are renewable annually. The Board may refuse, suspend or cancel a registration, or make the registration subject to terms or conditions. Compliance is enforced by the Saskatchewan Consumer Protection Division. Registration and licensing information can be found at Film and Video Retailers/Exhibitors.

The same classifications are used for film and video and they must be displayed on all advertising and at the theatre box office: General (G); Parental Guidance (PG); 14 years of age or older or under 14 if accompanied by an adult (14A); 18 years of age or older or under 18 if accompanied by an adult (18A); Restricted (R); and Adult (A).

The classification categories help consumers make choices about what they or their children will view. By visiting the Saskatchewan Film and Video Classification Board, the BC Film Classification Office or the Entertainment Software Ratings Board websites, consumers can find out the classification of most commercial films, videos and e-games.

Note while there are no current legislated e-game classifications, the Entertainment Software Ratings Board (ESRB), a non-profit, self-regulatory body established in 1994, assigns computer and video game content ratings, enforces industry-adopted advertising guidelines and helps ensure responsible online privacy practices for the interactive entertainment software industry.

The Funeral and Cremation Services Act incorporates provisions which were previously in The Saskatchewan Embalmers Act and The Prepaid Funeral Services Act and adds provisions governing funeral homes and crematoria. The Act:

  • establishes a Funeral and Cremation Services Council
  • requires licensing of persons providing services under the Act, including embalmers, funeral directors and salespersons selling prepaid contracts, as well as owners of funeral homes, crematoria and transfer services; 
  • prohibits the disposition of human remains at any place other than a cemetery, by cremation or as otherwise provided in the regulations;
  • sets out, in order of priority, which person is the authorized decision-maker with respect to the disposition of the remains of a deceased person;
  • requires licensees to make itemized price lists of their goods and services;
  • continues the prepaid services assurance fund;
  • continues the ten day cooling-off period for prepaid funeral and cremation services contracts and other cancellation rights.

The Motor Dealers Act regulates the sale (not the lease) of all new or used motor vehicles, motorcycles and snowmobiles in Saskatchewan. Dealers are required to be licensed and bonded.

Dealers are prohibited from selling or giving in exchange a motor vehicle that is not properly equipped or mechanically fails to meet vehicle safety standards. Reference S.15 of The Motor Dealers Act and S.114 of The Traffic Safety Act and Vehicle Equipment Regulations.

The Canadian Motor Vehicle Arbitration Plan (CAMVAP) is a program that can assist you to resolve disputes with an automobile manufacturer when you encounter difficulty resolving alleged vehicle defects or warranty disputes. The vehicle must be from the current or the previous four (4) model years.

The Sale of Goods Act establishes general rules that affect the formation of contracts, is of broad and general application (again there are some exceptions) and includes both personal and business to business transactions.



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