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P-40.1, r. 3 - Regulation respecting the application of the Consumer Protection Act
Section 61.0.1
Disposition versions
61.0.1. For the purposes of sections 103.2 and 150.3.1 of the Act, the merchant who takes into account the following information is deemed to have assessed the consumer’s capacity:
(a) the general level of the consumer’s gross income;
(b) the total of the monthly recurring disbursements related to housing, or the monthly cost if they are made on a basis other than monthly;
(c) the total of the monthly disbursements required under a credit contract or to pay the lease of a long-term contract of lease of goods, or their monthly cost if they are made on a basis other than monthly;
(d) the information contained in a contemporanous credit report made on a consumer by a personal information officer within the meaning of the Act respecting the protection of personal information in the private sector (chapter P-39.1);
(e) where applicable, the credit history with that merchant.
