P-40.1 - Consumer Protection Act

Section 59 Disposition versions

2019-08-01

59. The contract made between an itinerant merchant and a consumer may be cancelled at the discretion of the consumer within ten days following that on which each of the parties is in possession of a duplicate of the contract.

The time limit is, however, extended to one year from the date on which the contract is made in any of the following cases:

(a)  the merchant does not hold the permit required by this Act at the time the contract is made;

(b)  the security furnished by the itinerant merchant is invalid or is not in conformity with the security required under this Act at the time the contract is made;

(c)  the contract is inconsistent with any of the rules set out in sections 25 to 28 for the making of contracts, or one of the particulars required under section 58 does not appear in the contract;

(d)  a Statement of consumer cancellation rights and a cancellation form in conformity with the model prescribed by regulation have not been attached to the contract at the time the contract was made;

(e)  the merchant fails to deliver the goods or perform the service within 30 days from the delivery or performance date specified in the contract or a later date agreed to by the consumer, unless the consumer accepts delivery or performance after that time has expired.

1978, c. 9, s. 59; 1998, c. 6, s. 3; 2017, c. 24, s. 7.

1998-08-01

59. The contract made between an itinerant merchant and a consumer may be cancelled at the discretion of the consumer within ten days following that on which each of the parties is in possession of a duplicate of the contract.

The time limit is, however, extended to one year from the date on which the contract is made in any of the following cases:

(a)  the merchant does not hold the permit required by this Act at the time the contract is made;

(b)  the security furnished by the itinerant merchant is invalid or is not in conformity with the security required under this Act at the time the contract is made;

(c)  the contract is inconsistent with any of the rules set out in sections 25 to 28 for the making of contracts, or one of the particulars required under section 58 does not appear in the contract;

(d)  a Statement of consumer cancellation rights and a cancellation form in conformity with the model in Schedule 1 have not been attached to the contract at the time the contract was made;

(e)  the merchant fails to deliver the goods or perform the service within 30 days from the delivery or performance date specified in the contract or a later date agreed to by the consumer, unless the consumer accepts delivery or performance after that time has expired.

1978, c. 9, s. 59; 1998, c. 6, s. 3.

1980-04-30

59. The contract made between an itinerant merchant and a consumer may be cancelled at the discretion of the consumer within ten days following that on which each of the parties is in possession of a duplicate of the contract.

1978, c. 9, s. 59.