6 Cardholder Agreement
23. Changes to this agreement.
At our sole discretion, we can change any section in this
agreement. Any change to this agreement applies to both your
outstanding and future debt.
Where required by law, we’ll provide you with notice of any
change in writing at least 30 days before the change takes
eect. Our notice will specify the date the change takes eect and
will provide either the old section and the newly amended section,
or just the newly amended section.
You can always refuse to accept a change by closing your
account before the change takes eect. Where required by law,
our notice will indicate that you can close your account and
refuse the change up to 30 days aer the change takes eect.
24. Assigning your account.
At any time, we may sell, transfer or assign any, or all of our
rights and obligations under this agreement or your account
without telling you in advance. You may not sell, assign or
transfer any of your rights or obligations under this agreement,
or your account.
25. Governing law.
This agreement will be interpreted in accordance with the
applicable laws of the province or territory in which you reside
(or the applicable laws of Ontario if you reside outside of
Canada) and the applicable laws of Canada. In the event of a
dispute, you agree that the courts in the province or territory
where you reside are competent to hear such dispute and you
agree to be bound by any judgment of that court.
26. Non-waiver.
We may choose not to act on any right under this agreement
without giving up that right. Any time we give up one of our rights,
we will do so in writing and sign a waiver.
27. Severability.
If any part of this agreement is considered invalid or unenforceable
under applicable law, the rest of this agreement is still valid
and enforceable.
28. Quebec residents only – clauses required
under the Consumer Protection Act.
The following provisions apply only if you reside in Quebec and
are a consumer as dened by Quebec’s Consumer Protection Act,
chapter P-40.1.
Clause of forfeiture of benet of the term.
Before availing itself of this clause, the merchant must forward
the consumer a notice in writing and unless the merchant is
exempted in accordance with section 69 of the General Regulation,
it must forward the consumer a statement of account.
Within 30 days following the receipt by the consumer of the
notice and, where necessary, of the statement of account,
the consumer may:
a) either remedy the fact that the consumer is in default;
b) or present a motion to the court to have the terms and
conditions of payment prescribed in this contract changed.
It is in the consumer’s interest to refer to sections 104 to 110
of the Consumer Protection Act (chapter P-40.1) as well as
to section 69 of the General Regulation made under that Act
and, where necessary, to communicate with the Oce de la
protection du consommateur.
Open credit contract for the use of a credit card.
(1) If the consumer uses all or part of the credit extended to make
full or partial payment for the purchase or the lease of goods or
for a service, the consumer may, if the open credit contract was
entered into on the making of and in relation to the sale, lease
or service contract, and if the merchant and the open credit
merchant collaborated with a view to granting credit, plead
against the lender any ground of defence urgeable against the
merchant who is the vendor, lessor, contractor or service provider.
The consumer may also, in the circumstances described in the
rst paragraph, exercise against the open credit merchant, or
against the merchant’s assignee, any right exercisable against
the merchant who is the vendor, lessor, contractor or service
provider if that merchant is no longer active or has no assets
in Quebec, is insolvent or is declared bankrupt. The open credit
merchant or the merchant’s assignee is then responsible for
the performance of the obligations of the merchant who is the
vendor, lessor, contractor or service provider up to the amount of,
as the case may be, the debt owed to the open credit merchant
at the time the contract is entered into, the debt owed to the
assignee at the time it was assigned to them or the payment the
open credit merchant received if they assigned the debt.
(2) A consumer who is solidarily liable with another consumer for
the obligations arising from an open credit contract is released
from the obligations resulting from any use of the open credit
account aer notifying the merchant in writing that the consumer
will no longer use the credit extended and no longer intends to be
solidarily liable for the other consumer’s future use of the credit
extended in advance, and aer providing proof to the merchant,
on that occasion, that the consumer informed the other consumer
by sending the other consumer a written notice to that eect
at the other consumer’s last known address or technological
address. Any subsequent payment made by the consumer must
be applied to the debts contracted before the notice was sent to
the merchant.
(3) A consumer who has entered into a preauthorized payment
agreement with a merchant under which payments are made
out of credit obtained under a credit card contract may end
the agreement at any time by sending a notice to the merchant.
On receipt of the notice, the merchant must cease to collect the
preauthorized payments. On receipt of a copy of the notice,
the card issuer must cease debiting the consumer’s account to
make payments to the merchant.
(4) Without delay at the end of each period, the merchant must
send the consumer a statement of account. The merchant is not
required to send a statement of account to the consumer at the
end of any period if there have been no advances or payments
during the period and the outstanding balance at the end of the
period is zero.
(5) If the consumer makes a payment at least equal to the
outstanding balance at the end of the preceding period within
21 days aer the date of the end of the period, no credit charges
may be required from the consumer on that outstanding balance,
except as regards money advances. In the case of a money
advance, charges may accrue as of the date of the advance until
the date of payment.