BILL 2 – 2004
BUSINESS PRACTICES AND CONSUMER PROTECTION ACT

 
Part 4 -- Consumer Contracts

 
Division 1 -- Definitions and Application

Definitions

17 In this Part:

"continuing services contract" means a future performance contract that provides for the performance of services on a continuing basis and is designated by regulation;

"direct sales contract" means a contract between a supplier and a consumer for the supply of goods or services that is entered into in person at a place other than the supplier's permanent place of business, but does not include

(a) a funeral contract, interment right contract or preneed cemetery or funeral services contract, or

(b) a contract for which the total price payable by the consumer, not including the total cost of credit, is less than a prescribed amount;

"distance sales contract" means a contract for the supply of goods or services between a supplier and a consumer that is not entered into in person and, with respect to goods, for which the consumer does not have the opportunity to inspect the goods that are the subject of the contract before the contract is entered into;

"funeral contract" means a contract that provides for funeral services for

(a) an infant who is stillborn, or

(b) a person who is deceased

at the time the contract is entered into;

"future performance contract" means a contract between a supplier and a consumer for the supply of goods or services for which the supply or payment in full of the total price payable is not made at the time the contract is made or partly executed, but does not include

(a) a contract for which the total price payable by the consumer, not including the total cost of credit, is less than a prescribed amount,

(b) a contract for the supply of goods or services under a credit agreement, as defined in section 57 [definitions], if the goods or services have been supplied, or

(c) a time share contract;

"interment right contract" means a contract that provides for a right of interment for human remains or cremated remains in a lot;

"preneed cemetery or funeral services contract" means a future performance contract that provides for cemetery or funeral services for one or more persons who are alive at the time the contract is entered into;

"supply date" means, in respect of a contract, the date on which goods or services will be, or will begin to be, supplied to the consumer.

Application

18 (1) Subject to subsection (2), if a contract meets the definition of more than one type of contract referred to in this Part, all of the applicable provisions in this Part apply to the contract unless a contrary intention appears in this Part.

(2) If there is a conflict or inconsistency between provisions that apply to a contract, the provision that is most beneficial to the consumer applies to the contract.

 
Division 2 -- Direct Sales, Future Performance and Time Share Contracts

Required contents

19 A direct sales contract, future performance contract or time share contract must contain the following information:

(a) the supplier's name and, if different, the name under which the supplier carries on business;

(b) the supplier's business address and, if different, the supplier's mailing address;

(c) the supplier's telephone number and, if available, facsimile number;

(d) the date on which the contract is entered into;

(e) a detailed description of the goods or services to be supplied under the contract;

(f) an itemized purchase price for the goods or services to be supplied under the contract;

(g) other costs payable by the consumer, including taxes and shipping charges;

(h) if any customs duties, brokerage fees or other additional charges that may apply to the contract cannot reasonably be determined by the supplier, a description of those charges;

(i) a detailed statement of the terms of payment;

(j) the total price under the contract, including the total cost of credit;

(k) if applicable, a description and dollar value of any trade-in;

(l) if credit is extended or arranged by the supplier, a description of the subject matter of any security interest in accordance with Part 5 [Disclosure of the Cost of Consumer Credit];

(m) a notice of the consumer's rights of cancellation, in the prescribed form and manner, if any;

(n) any other restrictions, limitations or other terms or conditions that may apply to the supply of the goods or services;

(o) any other prescribed information.

Direct sales contracts

20 (1) In addition to the information required under section 19, a direct sales contract must contain

(a) the name, in a readable form, of the individual who signs the contract on behalf of the supplier,

(b) the place where the contract is entered into, and

(c) the signatures of

(i) the individual who signs the contract on behalf of the supplier,

(ii) the consumer, and

(iii) if applicable, the guarantor.

(2) Despite section 23 (3) [future performance contract], if that section applies, a supplier must give a copy of the direct sales contract to the consumer at the time the contract is entered into.

(3) A direct sales contract is not binding on a consumer if

(a) the supplier does not give to the consumer a copy of the contract at the time the contract is entered into, or

(b) the supplier requires the consumer to make a down payment in excess of the prescribed amount.

Direct sales contract -- cancellation

21 (1) A consumer may cancel a direct sales 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 direct sales 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 one or more of the following applies:

(a) the contract does not meet the requirements of sections 19 and 20 (1) [required contents of contract];

(b) at the time the contract was made, the supplier was under a direct sales prohibition order;

(c) the goods or services to be supplied under the contract are not supplied to the consumer within 30 days of the supply date.

(3) The consumer is not entitled to cancel the contract under subsection (2) (c) if the consumer accepts delivery of the goods or services after the end of the 30-day period described in that subsection.

(4) Despite section 15 (2) [assignee's obligations], if a consumer cancels a direct sales contract under this section, the supplier, within 15 days after the notice of cancellation has been given, must return to the consumer any trade-in received under a trade-in arrangement, or an amount equal to the trade-in allowance.

(5) Despite section 28 (1) [return of goods by consumer on cancellation], if a consumer cancels a direct sales contract under this section, the consumer may retain possession of the goods delivered to the consumer

(a) until all money paid by the consumer is refunded, and

(b) in the case of a trade-in arrangement, until either

(i) the supplier returns to the consumer, in substantially the same condition as when the supplier received them, the goods delivered by the consumer under the trade-in arrangement, or

(ii) an amount equal to the trade-in allowance is paid to the consumer.

(6) If a trade-in or an amount equal to the trade-in allowance is not returned to the consumer as required under subsection (4), the consumer may recover from the supplier as a debt due an amount equal to the trade-in allowance.

(7) If a consumer receives an amount equal to the trade-in allowance, the title of the consumer in respect of the goods delivered by the consumer under the trade-in arrangement, if the title had not already passed from the consumer, vests in the person entitled to them under the trade-in arrangement.

Credit agreement respecting direct sales contract

22 If credit is extended or arranged by the supplier in respect of a direct sales contract,

(a) the credit agreement, as defined in section 57 [definitions], is conditional on the direct sales contract, whether or not the credit agreement is a part of or attached to the direct sales contract, and

(b) if the direct sales contract is cancelled under section 21, the credit agreement is cancelled.

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 -- terms

24 (1) In addition to the information required under sections 19 and 23 (2) [required contents of contract], a continuing services contract that provides for a supplier supplying services by reference to a number of hours or a number of sessions must state the period of time, in months, over which the consumer can reasonably expect to receive the services.

(2) The period of time referred to in subsection (1) must not exceed 24 months.

(3) A continuing services contract must not be for a duration, including the cumulative total of all options and rights to extend or renew the contract, of more than 2 years.

(4) Despite subsection (3), a continuing services contract may provide for the consumer renewing the contract by consenting in writing within one month of the expiry of the contract.

(5) For the purpose of subsection (3), all continuing services contracts, except a contract renewed under subsection (4), that

(a) are in effect between the same supplier and the same consumer at the same time, and

(b) provide for the performance of the same or similar services,

whether or not services are being supplied concurrently under 2 or more of the contracts, are deemed to be one contract.

(6) If a contract does not comply with subsection (3),

(a) the contract is not binding on the consumer in respect of the period in excess of 2 years,

(b) the supplier must refund to the consumer, within 15 days after receiving a request from the consumer, all money paid under the contract for the period in excess of 2 years, and

(c) if the supplier does not comply with paragraph (b), the consumer may recover as a debt due all money paid under the contract for the period in excess of 2 years.

(7) In an action by the consumer against the supplier where the supplier fails to comply with subsection (6) (b), the court must enter judgment against the supplier for 3 times the amount of any refund not paid within the time limited by that subsection.

(8) For certainty, this section applies to a contract renewed under subsection (4).

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 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 his or her 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.

Time share contract

26 (1) Subject to subsection (2), a supplier must give a copy of the time share contract to the consumer at the time the contract is entered into.

(2) Section 48 (1) [copy of distance sales contract] applies to the time share contract if the contract is also a distance sales contract.

(3) A consumer may cancel a time share 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.

(4) Subject to any longer cancellation period prescribed, a consumer may cancel a time share 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 section 19 [required contents of contract].

Refunds by supplier on cancellation

27 Despite section 15 (2) [assignee's obligations], if a contract is cancelled under this Division, the supplier must refund to the consumer,

(a) within 15 days after the notice of cancellation has been given, and

(b) without deduction except as provided for in this Division or in the regulations,

all money received in respect of the contract, whether received from the consumer or any other person.

Return of goods by consumer on cancellation

28 (1) If a direct sales contract, future performance contract or time share contract is cancelled under this Division, the consumer must return any goods received under the contract by delivering the goods to the person named in the contract as the person to whom notice of cancellation may be given or to the business address of the supplier.

(2) Subject to subsection (3), the return of the goods by the consumer under subsection (1) discharges the consumer from any obligation, in respect of the goods, arising under the contract.

(3) If goods are returned by the consumer under subsection (1), the consumer is liable to the supplier for any damage to the goods caused by the failure of the consumer to take reasonable care of the goods.

 
Division 3 -- Preneed Cemetery or Funeral Services, Funeral and Interment Right Contracts

Definition

29 In this Division:

"preneed trust account" means a trust account established by the supplier with a savings institution in British Columbia;

"provider" means an operator, funeral provider or memorial dealer.

Prohibition on solicitation

30 (1) A supplier must not solicit, offer for sale or sell rights of interment, cemetery services, funeral services or memorials

(a) by mail, electronic mail or facsimile that is addressed to a specific consumer at the consumer's residential address, electronic mail address or facsimile number,

(b) in person at the consumer's place of residence, or

(c) by telephoning the consumer at the consumer's place of residence.

(2) Subsection (1) (b) does not apply to a presentation by a supplier at a consumer's place of residence that was requested at least 24 hours in advance of the presentation by

(a) the consumer, or

(b) a relative or friend of the consumer if that relative or friend is not the supplier or an associate of the supplier.

Requirement for schedule of rates

31 (1) A provider must keep at its business premises a price list that

(a) indicates the current prices for all goods and services that the provider currently offers to supply,

(b) indicates each good or service that is necessarily or usually required if another good or service that the provider currently offers to supply is supplied,

(c) indicates the current amounts of any disbursements or fees that are necessarily or usually required to be paid in connection with any good or service that the provider currently offers to supply,

(d) either

(i) includes the model number, description and manufacturer's name for each of the goods that the provider currently offers to supply, or

(ii) includes a reference to a catalogue or binder that is available to the public on request at the provider's business premises and that contains the information mentioned in subparagraph (i),

(e) expresses each price of a good or service as a fixed charge, an hourly rate, a rate per kilometre or some other unit of compensation, and

(f) clearly states the price list's effective date and the name and address of the provider.

(2) The provider must

(a) display the price list in a place on the business premises that is accessible to members of the public, and

(b) give a copy of the price list to a consumer on request.

Requirement to give accurate information

32 A provider that receives an inquiry respecting the nature or price of cemetery services, funeral services or memorials offered by the provider must

(a) give accurate information respecting the nature and price of the cemetery services, funeral services or memorials,

(b) inform the person making the inquiry of any good or service that is necessarily or usually required in conjunction with the cemetery services, funeral services or memorials to which the inquiry relates,

(c) inform the person making the inquiry of the current amounts of the disbursements or fees that are necessarily or usually required in conjunction with

(i) the cemetery services, funeral services or memorials to which the inquiry relates, and

(ii) any good or service that is necessarily or usually required in conjunction with the cemetery services, funeral services or memorials to which the inquiry relates, and

(d) state specifically what goods and services are included in any price quoted.

Prohibited charges respecting containers

33 A funeral provider or an operator must not charge any fee or disbursement for using or handling a container referred to in section 11 [containers for interment or cremation] of the Cremation, Interment and Funeral Services Act.

Funeral contract

34 (1) A funeral contract must contain the following information:

(a) the information referred to in section 19 [required contents of contract];

(b) the name and address, as applicable, of

(i) the consumer,

(ii) the deceased person or stillborn infant,

(iii) the person who has the right, as determined under section 5 [control of disposition of human remains or cremated remains] of the Cremation, Interment and Funeral Services Act, to control the disposition of the human remains or cremated remains, and

(iv) the funeral director;

(c) the address where the human remains will be sheltered pending disposition;

(d) a statement that embalming is not a legal requirement but may be required in some cases and, if embalming is required, provide a space for the written acknowledgment of that service by the consumer;

(e) if the supplier charges a storage fee for storing cremated remains,

(i) the fee charged by the supplier, and

(ii) a statement that no fee is charged until 60 days after the date of cremation;

(f) any other prescribed information.

(2) Despite sections 23 (3) [future performance contract] and 48 (1) [distance sales contract], if one or both of those sections apply, a supplier must give a copy of the funeral contract to the consumer at the time the contract is entered into.

(3) If the funeral contract provides for specific goods or services and the supplier must substitute other goods or services of equal or greater value for those specified in the contract,

(a) the supplier must inform the consumer, and

(b) the consumer may cancel that part of the funeral contract.

Preneed cemetery or funeral services contract --
initial disclosure statement

35 Before a consumer enters into a preneed cemetery or funeral services contract, the supplier must disclose, in writing, the following information:

(a) if under the contract the consumer is required to obtain and maintain insurance and to assign the right to the amount payable under the insurance to the supplier,

(i) the portion of the insurance premiums paid by the consumer that will be refunded if the insurance is cancelled, and

(ii) that sections 38 and 45 [refunds on cancellation] do not apply if the insurance is cancelled;

(b) if under the contract the supplier is to receive money that must be deposited into a preneed trust account, the portion of the price paid by the consumer that will be refunded if the contract is cancelled.

Preneed cemetery or funeral services contract

36 (1) A preneed cemetery or funeral services contract must contain the following information:

(a) the information referred to in section 19 [required contents of contract];

(b) if under the contract the supplier is to receive money that must be deposited into a preneed trust account,

(i) the portion of the price paid by the consumer that will be refunded if the contract is cancelled,

(ii) the name of the savings institution that is the trustee of the preneed trust account, and

(iii) information respecting the administration of the preneed trust account, including information respecting the investment of money in the account;

(c) if the supplier charges a storage fee for storing cremated remains,

(i) the fee charged by the supplier, and

(ii) a statement that no fee is charged until 60 days after the date of cremation;

(d) provide a space for the written acknowledgment by the consumer that the consumer has received the information required by section 35 to be disclosed;

(e) any other prescribed information.

(2) A supplier must give a copy of the preneed cemetery or funeral services contract to the consumer within 15 days after the contract is entered into.

(3) Subject to subsection (4), a consumer may cancel a preneed cemetery or funeral services contract at any time by giving notice of cancellation to the supplier.

(4) The cancellation of a preneed cemetery or funeral services contract by the personal representative of the deceased is subject to section 6 [disposition to be in accordance with preference of deceased] of the Cremation, Interment and Funeral Services Act.

(5) If a consumer fails to make a payment under a preneed cemetery or funeral services contract within 60 days after the payment is due, the supplier may demand payment and give notice that the plan may be cancelled if payment is not received within 30 days from the date the demand and notice were sent to the consumer.

(6) If payment is not received within the 30-day period under subsection (5), the supplier may cancel the contract by giving notice of cancellation to the consumer.

(7) A supplier must not assign a preneed cemetery or funeral services contract except in accordance with the regulations.

Special provisions for right of interment

37 If a contract is a preneed cemetery and funeral services contract and an interment right contract, the contract must clearly indicate that the right of interment is governed by section 43 [interment right contract] with respect to cancellation or refund.

Preneed cemetery or funeral services contracts --
refunds on cancellation

38 (1) This section does not apply to

(a) a preneed cemetery or funeral services contract cancelled by the consumer not later than 30 days after the date that the consumer receives a copy of the contract if the supplier did not comply with section 36 (2) [provided copy of contract], and

(b) insurance referred to in section 35 [initial disclosure statement] that is cancelled.

(2) Despite section 45 [refunds by supplier on cancellation] but subject to subsection (3), if a preneed cemetery or funeral services contract is cancelled under section 36 (3) or (6), the supplier must refund to the consumer, within 15 days after the notice of cancellation has been given, the amount required to be deposited in respect of the contract into the preneed trust account.

(3) The supplier may deduct from the refund under subsection (2) the itemized cost of goods if

(a) those goods have been specially preordered under the contract and because of some unique characteristic, personalization or extraordinary cost, the goods cannot be used in the ordinary course of business, or

(b) a vault or liner provided under the contract has been installed in a lot.

(4) Despite section 15 (2) [assignee's obligations], if the supplier must pay a refund to the consumer under subsection (2) in respect of a contract cancelled under section 36 (3), the supplier must pay the consumer, with the refund, interest on the refund at the prescribed rate.

Preneed cemetery or funeral services contract --
failure to provide services

39 (1) In this section, "services" means

(a) in respect of cemetery services, the disposition of human remains by interment or cremation, or

(b) in respect of funeral services, the services referred to in paragraph (a), (b) or (c) of the definition of "funeral services" in the Cremation, Interment and Funeral Services Act.

(2) If a supplier fails to provide the services contracted for under a preneed cemetery or funeral services contract when those services are required, the personal representative of the deceased for whom the services were contracted may give notice of the failure to the supplier.

(3) The supplier, within 15 days after the notice under subsection (2) has been given, must

(a) refund all money received in respect of the contract, whether received from the consumer or any other person, without deduction, and

(b) pay interest on the refund at the prescribed rate

to the personal representative.

Money received under contract to be held in trust

40 (1) In this section, "preneed interim account" means an account established by the supplier with a savings institution in British Columbia.

(2) This section does not apply to proceeds of insurance paid to a supplier.

(3) A supplier that receives an amount of money under a preneed cemetery or funeral services contract must deposit, within 5 days of receipt, any of the amount that is not a deduction for selling expenses into a preneed interim account or preneed trust account.

(4) If the supplier deposits money into the preneed interim account, the supplier must

(a) retain in the preneed interim account, until transferred under paragraph (b),

(i) the money, and

(ii) all interest received in relation to that money during the period in which that money is held in the preneed interim account, and

(b) transfer, within 21 days of deposit into the preneed interim account,

(i) into a preneed trust account, any of the money and related interest retained in the preneed interim account that is not a deduction for selling expenses, and

(ii) out of the preneed interim account, any of the money that is a deduction for selling expenses.

(5) A supplier must not deduct for selling expenses more than 20% of the amount of money received under the preneed cemetery or funeral services contract.

(6) The savings institution is the trustee of the preneed trust account established with it and must administer the account

(a) in accordance with the regulations, and

(b) subject to paragraph (a), in accordance with the terms of a written trust agreement between the savings institution and the supplier.

(7) The savings institution must not make a payment out of a preneed trust account except in accordance with this section or to pay the savings institution's fees and expenses.

(8) The savings institution must pay to the supplier the whole or part of any money in the preneed trust account and any interest due on that amount if the supplier gives a written notice to the savings institution that

(a) all or part of the obligations under the preneed cemetery or funeral services contract for which the money is held in the preneed trust account have been discharged, or

(b) the preneed cemetery or funeral services contract for which the money is held in trust has been cancelled.

(9) The savings institution is not liable to the beneficiary of a preneed trust account for any refunds made in response to a notice under subsection (8), unless the savings institution knew, or ought to have known, that the notice was invalid.

(10) The supplier must

(a) give notice to the consumer within 15 days of the first time that money is deposited or transferred into the preneed trust account, and

(b) on the request of the consumer, give the consumer an annual report respecting the money in the preneed trust account paid under the consumer's preneed cemetery or funeral services contract.

Funds exempt from seizure

41 Money paid under a preneed cemetery or funeral services contract is not subject to any process of garnishment, attachment, execution or seizure under any legal process against

(a) the consumer,

(b) the legal representative of the consumer,

(c) the beneficiary,

(d) the legal representative of the beneficiary,

(e) the trustee of the money, or

(f) the supplier obligated to provide the cemetery services or funeral services covered by the contract.

Restrictions on representations
respecting right of interment

42 An operator must not offer a right of interment on a representation or inducement of resale at a profit.

Interment right contract

43 (1) An interment right contract must contain the following information:

(a) the information referred to in section 19 [required contents of contract];

(b) the consumer's right to a refund, if any, in respect of a right of interment that is not exercised, including

(i) the terms or conditions under which the refund will be made,

(ii) the amount of the refund or the percentage of the purchase price that is refundable, and

(iii) any other prescribed matter respecting the refund;

(c) if the contract provides for a consumer exercising a right of interment after the development of a lot,

(i) that the right of interment applies to a lot to be developed for later use, and

(ii) the earliest date on which that right of interment may be exercised;

(d) the circumstances under the Cremation, Interment and Funeral Services Act in which the supplier may reclaim a right of interment.

(2) A supplier must give a copy of the interment right contract to the consumer within 15 days after the contract is entered into.

(3) If the supplier does not give the consumer a copy of the interment right contract within 15 days after the contract is entered into, the consumer may cancel the contract by giving notice of cancellation to the supplier not later than 30 days after the date that the consumer receives a copy of the contract.

(4) Subsection (3) does not apply if the interment is scheduled to occur within 10 days after the contract is entered into.

(5) If an error is made in an interment right contract and the lot in which the human remains or cremated remains were to be interred under the contract is unavailable, the operator must

(a) amend the contract to provide for interment of the human remains or cremated remains in another lot that

(i) is of equal or greater value and in a similar location, and

(ii) is acceptable

(A) to the interment right holder, if the person to be interred in the lot is still alive, or,

(B) to the person who, under section 5 [control of disposition of human remains or cremated remains] of the Cremation, Interment and Funeral Services Act, has the right to control the disposition of the human remains or cremated remains of the person, if the person to be interred in the lot is deceased, or

(b) cancel the contract and refund

(i) the full amount of money paid, and

(ii) accrued interest at the prescribed rate.

(6) An operator required to act under subsection (5) must not charge any fee or disbursement in respect of any action taken under subsection (5), including a fee or disbursement to recover any difference in value between the lot in which human remains or cremated remains are to be interred after the contract is amended and any lot in which the remains were to be interred before the contract was amended.

Rights not held by interment right holder

44 An interment right holder does not acquire any right or interest in

(a) the roads, paths and other areas allowing access to and from any lot of a cemetery, mausoleum or columbarium, other than as a means of access, or

(b) the gardens, structures, buildings or other property of a cemetery, mausoleum or columbarium.

Refunds by supplier on cancellation

45 Despite section 15 (2) [assignee's obligations], if all or part of a contract is cancelled under this Division, the supplier must refund to the consumer,

(a) within 15 days after the notice of cancellation has been given, and

(b) without deduction except as provided for in this Division or in the regulations,

all money received in respect of, or in respect of that part of, the contract, whether received from the consumer or any other person.

 
Division 4 -- Distance Sales Contracts

Disclosure of information

46 (1) A supplier must disclose the following information to a consumer before the consumer enters into a distance sales contract:

(a) the information referred to in sections 19 (a) to (c), (f) to (j) and (n) [required contents of contract] and 23 (2) [required contents of future performance contract];

(b) if available, the supplier's electronic mail address;

(c) a detailed description of the goods or services to be supplied under the contract, including any relevant technical or system specifications;

(d) the currency in which amounts owing under the contract are payable;

(e) the supplier's delivery arrangements, including the identity of the shipper, the mode of transportation and the place of delivery to the consumer;

(f) the supplier's cancellation, return, exchange and refund policies, if any;

(g) any other prescribed information.

(2) The supplier must disclose the information required under subsection (1) in a clear and comprehensible manner.

Distance sales contract in electronic form

47 (1) In this section, "electronic" has the same meaning as in the Electronic Transactions Act.

(2) Before a consumer enters into a distance sales contract that is in electronic form, a supplier must

(a) make the information required under section 46 available in a manner that

(i) requires the consumer to access the information, and

(ii) allows the consumer to retain and print the information, and

(b) provide a consumer with an express opportunity

(i) to correct errors in the contract, and

(ii) to accept or decline the contract.

Copy of distance sales contract

48 (1) A supplier must give a consumer who enters into a distance sales contract a copy of the contract within 15 days after the contract is entered into.

(2) The copy of the distance sales contract given under subsection (1) must contain

(a) the information described in section 46 [disclosure of information],

(b) the consumer's name, and

(c) the date the contract was entered into.

(3) In addition to section 183 (2) [how to give or serve documents generally], the supplier may give a copy of the distance sales contract to the consumer

(a) by sending the copy by electronic mail to the electronic mail address provided by the consumer to the supplier for the provision of information related to the contract, or

(b) by giving the copy by any other manner that enables the supplier to prove that the consumer has received and retained the copy.

(4) A copy of the distance sales contract given in accordance with subsection (3) (a) is deemed to be received on the 3rd day after it is sent.

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.

Refunds by supplier on cancellation

50 If a distance sales contract is cancelled under section 49, the supplier, within 15 days after the notice of cancellation has been given, must refund to the consumer, without deduction, all money received in respect of the contract and in respect of any related consumer transaction, whether received from the consumer or any other person.

Return of goods by consumer on cancellation

51 (1) If a distance sales contract is cancelled under section 49, the consumer must return any goods received under the contract by delivering the goods

(a) to the person or place named in the contract as the person to whom or as the place where notice of cancellation may be given, and

(b) within 15 days after the notice of cancellation has been given or after the goods have been delivered to the consumer, whichever is later.

(2) The consumer must return the goods unused and in the same condition as that in which they were delivered.

(3) The consumer may return the goods by any method that permits the consumer to produce confirmation of the delivery to the supplier.

(4) The supplier must accept the goods returned under subsection (2).

(5) The supplier is responsible for the reasonable cost of returning the goods.

(6) Goods that are returned by the consumer other than by delivery in person are deemed to have been returned at the time the goods are sent.

Consumer's recourse regarding credit card charges

52 (1) In this section, "credit card" and "interest" have the same meaning as in section 57 [definitions].

(2) A consumer who has charged to a credit card all or any part of the total price under a distance sales contract or any related consumer transaction may request the credit card issuer to cancel or reverse the credit card charge and any associated interest or other charges if the consumer has cancelled the contract under section 49 and the supplier has not refunded all money as required under section 50.

(3) The request under subsection (2) must contain the following information:

(a) the supplier's name;

(b) the date the distance sales contract was entered into;

(c) the amount charged to the credit card in respect of the distance sales contract and any related consumer transaction;

(d) a description of the goods or services sufficient to identify them;

(e) the reason for cancellation under section 49, of the distance sales contract;

(f) the date and method of cancellation of the distance sales contract.

(4) The credit card issuer must

(a) acknowledge the consumer's request within 30 days of receiving it, and

(b) if the request meets the requirements of subsection (3), cancel or reverse the credit card charge and any associated interest or other charges within the earlier of

(i) 2 complete billing cycles of the credit card issuer, and

(ii) 90 days.

 
Division 5 -- General

When goods and services supplied

53 For the purposes of this Part,

(a) a supplier is considered to have supplied the goods if

(i) delivery of the goods was attempted but, at the time of the attempt, the consumer refused delivery, or

(ii) the supplier provided reasonable notice of the delivery and delivery was attempted but did not occur because no person was available to accept delivery for the consumer on the day the delivery was attempted, and

(b) a supplier is considered to have begun delivering the services if

(i) delivery of the services was attempted but, at the time of the attempt, the consumer refused the services, or

(ii) the supplier provided reasonable notice of the delivery and delivery was attempted but did not occur because no person was available to enable the services to begin on the day the delivery was attempted.

How to give notice of cancellation

54 (1) A consumer or supplier may give a notice of cancellation under this Part by any method that permits a person to produce evidence that the consumer or supplier cancelled the contract on a specific date, including

(a) delivering the notice in person, and

(b) sending the notice by registered mail, electronic mail or facsimile, to

(i) the consumer or supplier, as applicable, or

(ii) the postal address, electronic mail address or facsimile number shown in the contract for the person named in the contract as a person to whom notice of cancellation may be given.

(2) A notice of cancellation is sufficient if it indicates, in any way, the intention of the consumer or supplier to cancel the contract and, except in the case of cancellation under sections 21 (1) [direct sales contract -- cancellation], 25 (1) [continuing services contract -- cancellation] or 26 (3) [time share contract -- cancellation], if it states the reason for cancellation.

(3) For the purposes of this section, a notice of cancellation that is given other than by delivery in person is deemed to have been given at the time it is sent.

Recovery of refund

55 If a supplier does not provide a refund as required under Division 2 [direct sales, future performance and time share contracts] or section 50 [distance sales contract], the consumer may recover the refund from the supplier as a debt due.

Cancellation of preauthorized payments

56 If a contract is cancelled under this Part, the supplier must cancel any future payments or charges that have been authorized by the consumer.