Future performance contract
23 (1) This section does not apply to a future performance contract that is a preneed cemetery or funeral services contract.
(2) In addition to the information required under section 19 [required contents of contract], a future performance contract must contain the following information:
(a)the supply date;
(b)the date on which the supply of the goods or services will be complete;
(c)if there are periodic payments under the contract, the amount of each of the periodic payments.
(3) A supplier must give a copy of the future performance contract to the consumer within 15 days after the contract is entered into.
(4) A future performance contract is not binding on the consumer if
(a)the supplier gives, or offers to give, a rebate, discount or other value to the consumer in consideration of the consumer giving to the supplier the names of prospective consumers, or otherwise aiding the supplier in making a sale to another person, and
(b)the earning of the rebate, discount or other value is contingent on the occurrence of an event after the time the consumer agrees to buy.
(5) A consumer may cancel a future performance contract by giving notice of cancellation to the supplier not later than one year after the date that the consumer receives a copy of the contract if the contract does not contain the information required under subsection (2) and section 19 [required contents of contract].
Continuing services contract — cancellation
25 (1) A consumer may cancel a continuing services contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract.
(2) A consumer may cancel a continuing services contract by giving notice of cancellation and the reason for the cancellation to the supplier at any time if there has been a material change
(a)in the circumstances of the consumer, or
(b)in the services provided by the supplier.
(3) A material change in the circumstances of the consumer includes, without limitation,
(a)the consumer’s death,
(b)a physical, medical or mental disability of the consumer, substantiated in writing by a medical practitioner or nurse practitioner, showing that the consumer’s continued participation is unreasonable because of the consumer’s condition or is likely to endanger the consumer’s health, or
(c)the relocation of the consumer for the remainder of the duration of the contract, or the remainder of the time stated in the contract in accordance with section 24, so that the distance between the consumer and the supplier is more than 30 km greater than when the consumer and the supplier entered into the contract, if the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer’s new location.
(4) A material change in the services provided by the supplier occurs
(a)when, for reasons that are wholly or partly the fault of the supplier, the services are not completed, or at any time the supplier appears to be unable to reasonably complete the services within the period of time stated by the supplier under section 24,
(b)when the services are no longer available, or are no longer substantially available as provided in the contract, because of the supplier’s discontinuance of operation or substantial change in operation, or
(c)when the supplier relocates the supplier’s facility so that the distance between the supplier and the consumer is more than 30 km greater than when the supplier and the consumer entered into the contract, and the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer’s location.
(5) Section 27 [refunds by supplier on cancellation] does not apply to a cancellation under subsection (2).
(6) If a consumer cancels a continuing services contract under subsection (2), the supplier must
(a)within 15 days after the notice of cancellation has been given, refund to the consumer,
(i) in the case of a cancellation under subsection (2) (a), the portion determined in the prescribed manner of all cash payments made under the contract, less a prescribed amount on account of the supplier’s costs, or
(ii) in the case of a cancellation under subsection (2) (b), the portion determined in the prescribed manner of all cash payments made under the contract, and
(b)within 30 days after the notice of cancellation has been given, return to the consumer every negotiable instrument executed by the consumer in connection with the contract.
Cancellation of distance sales contract
49 (1) A consumer may cancel a distance sales contract by giving notice of cancellation to the supplier
(a) not later than 7 days after the date that the consumer receives a copy of the contract if
(i) the supplier does not comply with section 47 [distance sales contract in electronic form], or
(ii) the contract does not comply with section 48 (2) [required contents of contract],
(b) not later than 30 days after the date that the contract is entered into if the supplier does not provide the consumer with a copy of the contract in accordance with section 48 (1),
(c) at any time before the goods or services are delivered if the goods or services to be delivered under the contract are not delivered to the consumer within 30 days of the supply date, or
(d) at any time before the goods or services are delivered if the supply date is not specified in the contract and the supplier does not deliver the goods or services within 30 days from the date the contract is entered into.
(2) If a distance sales contract is cancelled under subsection (1), the following are also cancelled:
(a) any other related consumer transaction;
(b) any guarantee given in respect of the total price under the contract;
(c) any security given by the consumer in respect of the total price under the contract;
(d) if credit is extended or arranged by the supplier in respect of a distance sales contract, the credit agreement, as defined in section 57 [definitions], whether or not the credit agreement is a part of or attached to the distance sales contract.