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

Section 50.2 Disposition versions

2019-08-01

50.2. The Statement of consumer cancellation rights and the cancellation form that the merchant must attach to the contract under the second paragraph of section 58 of the Act constitutes a document on which appear only the compulsory notice immediately followed by the following compulsory form:

(CONSUMER PROTECTION ACT, SECTION 58)

STATEMENT OF CONSUMER CANCELLATION RIGHTS

You may cancel this contract for any reason within 10 days after you receive a copy of the contract along with the other required documents.

If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel the contract within one year. You lose that right if you accept delivery after the 30-day period. There are other grounds for an extension of the cancellation period to one year, for example if the itinerant merchant does not hold a permit or has not provided the required security at the time the contract is entered into 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 itinerant 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 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 merchant any goods you received from the merchant.

To cancel, you must return the items received from the merchant to the merchant or the merchant’s representative, send the merchant the cancellation form printed below, or send the merchant another written notice of cancellation. The form or written notice must be sent to the merchant or the merchant’s representative at the address indicated on the form, or at any other address 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.

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CANCELLATION FORM

(detachable from schedule)

TO BE COMPLETED BY THE MERCHANT

TO: ........................................................... (name of itinerant merchant or representative)

..............................................................

.............................................................. (address of itinerant merchant or representative)

Telephone number of itinerant merchant or representative: (......) .................................

Fax number of itinerant merchant or representative: (......) .................................

Where applicable, technological address of itinerant merchant or representative: ..........................................

TO BE COMPLETED BY THE CONSUMER

DATE: ....................... (date on which form is sent) Under section 59 of the Consumer Protection Act, I hereby cancel the contract No. ......................... (contract number, if any) entered into on ......... ........................ (date on which contract was entered into) at:............................................................ (address where consumer entered into contract)

..................................... (name of consumer) Telephone number of consumer: (......) ................ Fax number of consumer: (......) .............. Electronic address of consumer: ........................

..............................................................                (address of consumer)

..............................................................               (signature of consumer)”

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.

The remainder of the text of the statement and cancellation form must be in typeface of at least 10 points.”.

O.C. 994-2018, s. 34.