P-40.1 - Consumer Protection Act

Section 54.8 Disposition versions

2017-11-15

54.8. The consumer may cancel the contract within seven days after receiving a copy if

(a)  the merchant did not disclose to the consumer the information described in section 54.4 before the contract was entered into, or did not disclose it in accordance with that section;

(b)  the merchant did not provide the consumer with an express opportunity, before the contract was entered into, to accept or decline the proposal or to correct any errors;

(c)  the contract does not meet the requirements of section 54.6; or

(d)  the merchant did not send a copy of the contract in a manner that ensures that the consumer may easily retain it and print it.

However, the cancellation period begins

(a)  as of the performance of the merchant’s principal obligation if the consumer, at that time, observes that the merchant has not disclosed all the information described in section 54.4 or has not disclosed it in accordance with that section; or

(b)  where the consumer paid with a credit card or another payment instrument determined by regulation, as of the receipt of the statement of account if the consumer, at that time, observes that the merchant has not disclosed all the information described in section 54.4 or has not disclosed it in accordance with that section.

If the merchant does not send a copy of the contract to the consumer within the time provided for in section 54.7, the consumer has 30 days, as of the date the contract is entered into, in which to cancel the contract.

2006, c. 56, s. 5; 2017, c. 24, s. 5.

2007-12-15

54.8. The consumer may cancel the contract within seven days after receiving a copy if

(a)  the merchant did not disclose to the consumer the information described in section 54.4 before the contract was entered into, or did not disclose it in accordance with that section;

(b)  the merchant did not provide the consumer with an express opportunity, before the contract was entered into, to accept or decline the proposal or to correct any errors;

(c)  the contract does not meet the requirements of section 54.6; or

(d)  the merchant did not send a copy of the contract in a manner that ensures that the consumer may easily retain it and print it.

However, the cancellation period begins as of the merchant’s performance of the principal obligation if the consumer, at that time, observes that the merchant has not disclosed all the information described in section 54.4.

If the merchant does not send a copy of the contract to the consumer within the time provided for in section 54.7, the consumer has 30 days, as of the date the contract is entered into, in which to cancel the contract.

2006, c. 56, s. 5.