P-40.1, r. 3 - Regulation respecting the application of the Consumer Protection Act

Section 50.0.2 Disposition versions

2019-02-01

50.0.2. A contract entered into by a debt settlement service merchant must contain at the very beginning of the contract, but immediately after the compulsory box provided for in section 50.0.1 where applicable, the following statement of consumer cancellation rights:

“STATEMENT OF CONSUMER CANCELLATION RIGHTS

You may cancel this contract for any reason within 10 days after the date on which each party has possession of a copy of the contract.

If the merchant does not provide a service stated in the contract within 30 days following the agreed date, you have 1 year to cancel the contract. You lose that right if you accept the service after that 30-day period. There are other grounds for an extension of the cancellation period to 1 year, for example if the merchant does not hold a permit or has not provided the required security at the time the contract is entered into or the services never performed, or if the contract is incorrectly made or worded. For more information, you may seek legal advice or contact the Office de la protection du consommateur.

If you cancel the contract, the debt settlement service merchant must refund all amounts you have paid, and return to you the goods received in payment, as a trade-in or on account; if the merchant is unable to return the goods, you are entitled to receive the highest of an amount of money corresponding to the value indicated in the contract or the cash value of the goods, within 15 days of cancellation. You also have 15 days to return to the debt settlement service merchant any goods you received from the merchant. ”

To cancel, you must send the merchant the cancellation form attached to the contract or send the merchant another written notice to that effect The form or notice must be sent to the debt settlement service merchant at the address indicated on the form, or at any other address for the debt settlement service merchant indicated in the contract. You may give notice of cancellation in person. You may also use any other method. It is recommended to use a method that will allow you to prove that you gave notice, including registered mail, email, fax and courier.

It is in the consumer’s interest to refer to sections 214.17 to 214.22 and 214.26 of the Consumer Protection Act (chapter P-40.1) and, if further information is necessary, contact the Office de la protection du consommateur.”

The statement must show

(a)  the heading, in bold type of at least 12 points;

(b)  the statement of the 10-day cancellation contained in the first paragraph, in typeface of at least 12 points;

(c)  all numbers in bold type; and

(d)  the remainder of the text in typeface of at least 10 points.

O.C. 994-2018, s. 33.