{"id":6352,"date":"2018-06-29T20:07:14","date_gmt":"2018-06-29T20:07:14","guid":{"rendered":"http:\/\/www.niagaralaw.ca\/?p=6352"},"modified":"2023-04-11T15:41:10","modified_gmt":"2023-04-11T15:41:10","slug":"direct-agreements-and-the-consumer-protection-act","status":"publish","type":"post","link":"https:\/\/niagaralaw.ca\/direct-agreements-and-the-consumer-protection-act\/","title":{"rendered":"Direct Agreements and the Consumer Protection Act"},"content":{"rendered":"

\"\"<\/a>The Consumer Protection Act<\/em>, 2002, S.O. 2002, c. 30, Sched. A, (\u201cCPA\u201d) allows purchasers of certain products and services a \u2018cooling off\u2019 period (a specific number of days during which a consumer can cancel an agreement without reason or penalty). This cooling off period has previously applied to:<\/p>\n

–\u00a0time share agreements;
\n– personal development services (fitness club contracts);
\n– newly-built condominiums (under the Condominium Act<\/em>, 1998, S.O. 1998, c. 19); and
\n– pay-day loans (under the Payday Loans Act<\/em>, 2008, S.O. 2008, c. 9).<\/p>\n

Recently, the CPA has been amended to include \u2018Direct Agreements\u2019 to its list of items and services that the cooling off period applies to. Section 43(1) of the CPA states that:<\/p>\n

43 (1) A consumer may, without any reason, cancel a direct agreement at any time from the date of entering into the agreement until 10 days after the consumer has received the written copy of the agreement. 2017, c. 5, Sched. 2, s. 15.<\/p>\n

In addition, products and services typical of Direct Agreements can no longer be offered or sold at your home unless you initiate the transaction (for example, by calling or emailing a business and asking them to come to your home for the purpose of entering into a contract.) These restricted products and services include:<\/p>\n

\u2022 furnaces
\n\u2022 air conditioners
\n\u2022 air cleaners
\n\u2022 air purifiers
\n\u2022 water heaters
\n\u2022 water treatment devices
\n\u2022 water purifiers
\n\u2022 water filters
\n\u2022 water softeners
\n\u2022 duct cleaning services<\/p>\n

Amendments to the CPA also provide that Direct Agreements must be in writing. A Direct Agreement must include specific information about the goods or service and your rights as a consumer. If it does not, the consumer can cancel the contract within 1 year of entering into the agreement.<\/p>\n

Additionally, the consumer can cancel the agreement, regardless of its value, up to one year after the agreement was entered into it if the business or salesperson made a false or misleading statement about the contract.<\/p>\n

If you have signed an unlawful Direct Agreement, and would like information about your rights and remedies, please do not hesitate to contact one of the professionals at Daniel & Partners LLP.<\/p>\n

Blog post written by Associate Lawyer, Matteson DeLuca<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A, (\u201cCPA\u201d) allows purchasers of certain products and services a \u2018cooling off\u2019 period (a specific number of days during which a consumer can cancel an agreement without reason or penalty). This cooling off period has previously applied to: –\u00a0time share agreements; – personal development services […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/posts\/6352"}],"collection":[{"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/comments?post=6352"}],"version-history":[{"count":1,"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/posts\/6352\/revisions"}],"predecessor-version":[{"id":8109,"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/posts\/6352\/revisions\/8109"}],"wp:attachment":[{"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/media?parent=6352"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/categories?post=6352"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/tags?post=6352"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}