(1) A supplier shall not —
(a) personally act on the powers contained in a Bill of Sale of property pledged by a consumer; or
(b) employ any person other than a bailiff to recover any or all of the property pledged in the Bill of Sale to the supplier in the event of default in repayment of a loan.
(2) A supplier who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $3,000 and in default of payment of the fine, to imprisonment for a term not exceeding 1 year.
(3) A supplier shall not, in taking action to recover any or all of the property pledged by the consumer in the Bill of Sale to the supplier in the event of default in repayment of a loan, carry out an act of seizure although the indebtedness of the consumer to the supplier has already been discharged or is currently being serviced in accordance with existing contractual provisions.
(4) A supplier who contravenes subsection (3) commits an offence and is liable on summary conviction to a fine not exceeding $5,000 and in default of payment of the fine, to imprisonment for a term not exceeding 2 years.
(5) The court may order a supplier convicted of an offence under subsection (3) to pay to the consumer compensation for the property seized plus an additional amount per day for every day that the consumer has been deprived of the use and enjoyment of the property.
(6) A bailiff who, acting in bad faith, seizes the property of a consumer, commits an offence and is liable on summary conviction to a fine not exceeding $3,000 and in default of payment of the fine, to imprisonment for a term not exceeding 1 year.
(7) The court may order a bailiff or person convicted under subsection (6) to pay to the consumer compensation for the property seized plus an additional amount per day for every day that the consumer has been deprived of the use and enjoyment of the property.
(8) Any person who —
(a) threatens to seize property of a consumer under the powers contained in a Bill of Sale although the indebtedness of the consumer to the vendor has already been discharged; or
(b) recklessly damages property of the consumer while exercising distraint,
commits an offence and is liable on summary conviction to a fine not exceeding $3,000 and in default of payment of the fine, to imprisonment for a term not exceeding 1 year.
(9) The court may order a supplier convicted of an offence to compensate the consumer for all expenses reasonably incurred as a result of the breach and the legal action.