P-40.1 - Consumer Protection Act

Section 54.4 Disposition versions

2018-06-06

54.4. Before a distance contract is entered into, the merchant must disclose the following information to the consumer:

(a)  the merchant’s name and any other name under which the merchant carries on business;

(b)  the merchant’s address;

(c)  the merchant’s telephone number and, if available, the merchant’s fax number and technological address;

(d)  a detailed description of goods or services that are to be the object of the contract, including characteristics and technical specifications;

(d.1)  if applicable, the information required under subparagraph c of the second paragraph of section 236.1 and under section 236.3;

(e)  an itemized list of the prices of the goods or services that are to be the object of the contract, including associated costs charged to the consumer and any additional charges payable under an Act;

(f)  a description of any possible additional charges payable to a third party, such as customs duties and brokerage fees, whose amounts cannot reasonably be determined;

(g)  the total amount to be paid by the consumer under the contract and, if applicable, the amount of instalments, the rate applicable to the use of an incidental good or service and the terms of payment;

(h)  the currency in which amounts owing under the contract are payable if not Canadian dollars;

(i)  the date on which, or the time within which, the merchant’s principal obligation must be performed;

(j)  if applicable, the mode of delivery, the name of the carrier and the place of delivery;

(k)  the applicable cancellation, rescission, return, exchange and refund conditions, if any; and

(l)  any other applicable restrictions or conditions.

The merchant must present the information prominently and in a comprehensible manner and bring it expressly to the consumer’s attention; in the case of a written offer, the merchant must present the information in a manner that ensures that the consumer is able to easily retain it and print it.

2006, c. 56, s. 5; 2018, c. 14, s. 11.

2007-12-15

54.4. Before a distance contract is entered into, the merchant must disclose the following information to the consumer:

(a)  the merchant’s name and any other name under which the merchant carries on business;

(b)  the merchant’s address;

(c)  the merchant’s telephone number and, if available, the merchant’s fax number and technological address;

(d)  a detailed description of goods or services that are to be the object of the contract, including characteristics and technical specifications;

(e)  an itemized list of the prices of the goods or services that are to be the object of the contract, including associated costs charged to the consumer and any additional charges payable under an Act;

(f)  a description of any possible additional charges payable to a third party, such as customs duties and brokerage fees, whose amounts cannot reasonably be determined;

(g)  the total amount to be paid by the consumer under the contract and, if applicable, the amount of instalments, the rate applicable to the use of an incidental good or service and the terms of payment;

(h)  the currency in which amounts owing under the contract are payable if not Canadian dollars;

(i)  the date on which, or the time within which, the merchant’s principal obligation must be performed;

(j)  if applicable, the mode of delivery, the name of the carrier and the place of delivery;

(k)  the applicable cancellation, rescission, return, exchange and refund conditions, if any; and

(l)  any other applicable restrictions or conditions.

The merchant must present the information prominently and in a comprehensible manner and bring it expressly to the consumer’s attention; in the case of a written offer, the merchant must present the information in a manner that ensures that the consumer is able to easily retain it and print it.

2006, c. 56, s. 5.