Français

Consumer Protection Act, 2002

ONTARIO REGULATION 17/05

GENERAL

Consolidation Period: From September 1, 2008 to the e-Laws currency date.

Last amendment: O. Reg. 202/08.

This is the English version of a bilingual regulation.

SKIP TABLE OF CONTENTS

CONTENTS

PART I
EXEMPTIONS FROM APPLICATION OF THE ACT

Exemption for Professional Services Regulated by Statute — Clause 2 (2) (e) of the Act

Professional services regulated by statute

1.  A professional service provided by a person governed by, or subject to, any of the following Acts is exempt from the application of the Consumer Protection Act, 2002:

1. The Architects Act.

2. The Certified General Accountants Association of Ontario Act, 1983.

3. The Chartered Accountants Act, 1956.

4. The Drugless Practitioners Act.

5. The Law Society Act.

6. The Ontario College of Teachers Act, 1996.

7. The Professional Engineers Act.

8. The Professional Foresters Act, 2000.

9. The Professional Geoscientists Act, 2000.

10. The Public Accountancy Act.

11. The Regulated Health Professions Act, 1991 and any Act named in Schedule 1 to the Regulated Health Professions Act, 1991.

12. The Social Work and Social Service Work Act, 1998.

13. The Society of Management Accountants of Ontario Act, 1941.

14. The Surveyors Act.

15. The Veterinarians Act. O. Reg. 17/05, s. 1.

Other Exemptions — Clause 123 (1) (c) of the Act

Professional services at facilities

2.  A professional service provided at any of the following facilities is exempt from the application of the Consumer Protection Act, 2002:

1. An institution under the Mental Hospitals Act.

2. A hospital under the Public Hospitals Act.

3. A pharmacy under Part VI of the Drug and Pharmacies Regulation Act. O. Reg. 17/05, s. 2.

Services at an independent health facility

3.  A service provided at an independent health facility pursuant to a licence issued under the Independent Health Facilities Act is exempt from the application of the Consumer Protection Act, 2002. O. Reg. 17/05, s. 3.

Accommodation

4.  The supply of accommodation, other than time share accommodation, is exempt from the application of sections 21 to 26, 37 to 40 and 44 to 47 of the Act. O. Reg. 17/05, s. 4.

Public auction

5.  (1)  The supply by public auction of goods or services, other than personal development services and other than time shares, is exempt from the application of sections 21 to 26 and 37 to 47 of the Act. O. Reg. 17/05, s. 5 (1).

(2)  Subsection (1) applies regardless of whether the goods or services being auctioned are owned by the person operating the auction or by another supplier. O. Reg. 17/05, s. 5 (2).

Supply to one person at the request of another

6.  (1)  The supply of goods or services to one person at the request of another is exempt from the application of sections 22, 23, 26, 37 to 40 and 44 to 47 of the Act, if,

(a) the goods or services are to be supplied on a single occasion and not on an ongoing basis; and

(b) the person requesting the supply of the goods or services pays the price in full at the time of the request. O. Reg. 17/05, s. 6 (1).

(2)  The exemption from the application of sections 22, 23 and 26 of the Act is effective even if section 21 of the Act states that sections 22 to 26 of the Act do apply in the circumstances. O. Reg. 17/05, s. 6 (2).

Perishable food

7.  The supply of perishable food or a perishable food product is exempt from the application of sections 21 to 26 and 37 to 47 of the Act, if the food or food product is to be delivered to the consumer within 24 hours after it is ordered from the supplier. O. Reg. 17/05, s. 7.

Lottery scheme

8.  The supply of a lottery ticket or a good or service in the nature of a lottery ticket is exempt from the application of sections 21 to 26 and 41 to 47 of the Act, if the supplier is a charitable or religious organization licensed under the authority of paragraph 207 (1) (b) of the Criminal Code (Canada) to conduct or manage the lottery scheme and the proceeds from the lottery scheme are to be used for a charitable or religious object or purpose. O. Reg. 17/05, s. 8.

Agreements subject to other Acts

9.  (1)  The supply of goods or services pursuant to an agreement that is subject to any of the following Acts is exempt from the application of sections 22, 23, 26 and 37 to 47 of the Act:

1. The Motor Vehicle Dealers Act or the Motor Vehicle Dealers Act, 2002.

2. The Real Estate and Business Brokers Act or the Real Estate and Business Brokers Act, 2002.

3. The Travel Industry Act or the Travel Industry Act, 2002.

4. The Cemeteries Act (Revised), the Funeral Directors and Establishments Act or the Funeral, Burial and Cremation Services Act, 2002. O. Reg. 17/05, s. 9 (1).

(2)  The exemption from the application of sections 22, 23 and 26 of the Act is effective even if section 21 of the Act states that sections 22 to 26 of the Act do apply in the circumstances. O. Reg. 17/05, s. 9 (2).

Provisions not Applying when Agreement is of More Than One Type — Section 4 of the Act

Exceptions to rule in s. 4 of the Act

10.  (1)  Sections 11 to 19 of this Regulation set out the exceptions to the rule in section 4 of the Act that a consumer agreement that meets the criteria of more than one type of agreement to which the Act applies shall comply with the provisions of the Act and of the regulations that apply to each type of agreement for which it meets the criteria. O. Reg. 17/05, s. 10 (1).

(2)  If any of sections 11 to 19 of this Regulation exclude the application of section 22, 23, 25 or 26 of the Act, the exclusion is effective even if section 21 of the Act states that sections 22 to 26 of the Act do apply in the circumstances. O. Reg. 17/05, s. 10 (2).

(3)  A word or expression that is used in sections 11 to 19 of this Regulation has the same meaning as in the part of the Act that defines it. O. Reg. 17/05, s. 10 (3).

Credit agreement

11.  (1)  If a credit agreement, other than a supplier credit agreement, is also a future performance agreement, a direct agreement, an internet agreement or a remote agreement, Part IV of the Act does not apply to the agreement. O. Reg. 17/05, s. 11 (1).

(2)  If a supplier credit agreement is also a future performance agreement, a time share agreement, a personal development services agreement, a direct agreement, an internet agreement or a remote agreement,

(a) Part IV of the Act does not apply to the part of the agreement under which the supplier or an associate of the supplier extends fixed credit to the consumer to assist the consumer in obtaining goods or services, other than credit or a loan of money, from the supplier;

(b) Part IV of the Act applies to the part of the agreement under which the supplier supplies the goods or services, other than credit or a loan of money, to the consumer. O. Reg. 17/05, s. 11 (2).

Lease

12.  Sections 22, 23, 25, 26 and 29 to 47 of the Act do not apply to a lease that is also a future performance agreement, a personal development services agreement, a direct agreement, an internet agreement or a remote agreement, if Part VIII of the Act applies to the lease. O. Reg. 17/05, s. 12.

Agreement for work on or repairs to vehicle

13.  Sections 22, 23 and 27 to 47 of the Act do not apply to a consumer agreement for work to be done on or repairs to be made to a vehicle, if the agreement is also a future performance agreement, a time share agreement, a personal development services agreement, a direct agreement, an internet agreement or a remote agreement. O. Reg. 17/05, s. 13.

Agreement for loan brokering or credit repair

14.  Sections 22, 23 and 27 to 47 of the Act do not apply to a consumer agreement for loan brokering or credit repair that is also a future performance agreement, a time share agreement, a personal development services agreement, a direct agreement, an internet agreement or a remote agreement. O. Reg. 17/05, s. 14.

Time share agreement

15.  Sections 22, 23 and 29 to 47 of the Act do not apply to a time share agreement that is also a future performance agreement, a personal development services agreement, a direct agreement, an internet agreement or a remote agreement. O. Reg. 17/05, s. 15.

Personal development services agreement

16.  Sections 22, 23 and 37 to 47 of the Act do not apply to a personal development services agreement that is also a future performance agreement, a direct agreement, an internet agreement or a remote agreement but is not a time share agreement. O. Reg. 17/05, s. 16.

Direct agreement

17.  Sections 22, 23, 37 to 40 and 44 to 47 of the Act do not apply to a direct agreement that is also a future performance agreement, an internet agreement or a remote agreement but is not a time share agreement or a personal development services agreement. O. Reg. 17/05, s. 17.

Internet agreement

18.  Sections 22, 23 and 44 to 47 of the Act do not apply to an internet agreement that is also a future performance agreement or a remote agreement but is not a time share agreement, a personal development services agreement or a direct agreement. O. Reg. 17/05, s. 18.

Remote agreement

19.  Sections 22 and 23 of the Act do not apply to a remote agreement that is also a future performance agreement but is not a time share agreement, a personal development services agreement, a direct agreement or an internet agreement. O. Reg. 17/05, s. 19.

PART II
UNSOLICITED GOODS OR SERVICES — SECTION 13 OF THE ACT

Material change

20.  For the purpose of subsection 13 (4) of the Act, a change or a series of changes is a material change if it is of such nature or quality that it could reasonably be expected to influence a reasonable person’s decision as to whether to enter into the agreement for the supply of the goods or services. O. Reg. 17/05, s. 20.

Time for refund

21.  For the purpose of subsection 13 (7) of the Act, a supplier shall refund a payment received from a consumer in respect of unsolicited goods or services within 15 days after the day the consumer demands the refund under subsection 13 (6) of the Act. O. Reg. 17/05, s. 21.

PART III
UNFAIR PRACTICES — SECTION 18 OF THE ACT

Period for responding to consumer notice

22.  For the purpose of subsection 18 (8) of the Act, a consumer may commence an action if the consumer does not receive a satisfactory response within 30 days after the day the consumer gives notice under section 18 of the Act. O. Reg. 17/05, s. 22.

PART IV
SPECIFIC CONSUMER AGREEMENTS — PART IV OF THE ACT

Future Performance Agreements

Definitions

23.  In the Act and this Part,

“gift card” means a voucher in any form, including an electronic credit or written certificate, that is issued by a supplier under a gift card agreement and that the holder is entitled to apply towards purchasing goods or services covered by the voucher; (“carte cadeau”)

“gift card agreement” means a future performance agreement under which the supplier issues a gift card to the consumer and in respect of which the consumer makes payment in full when entering into the agreement; (“convention de carte cadeau”)

“open loop gift card agreement” means a gift card agreement that entitles the holder of a gift card to apply it towards purchasing goods or services from multiple unaffiliated sellers. (“convention de carte-cadeau universelle”) O. Reg. 187/07, s. 1; O. Reg. 202/08, s. 1.

Prescribed amount

23.1  The prescribed amount for the purpose of subsection 21 (1) of the Act is $50 if the future performance agreement mentioned in that subsection is not a gift card agreement to which sections 25.2 to 25.5 apply. O. Reg. 187/07, s. 1.

Requirements for future performance agreements

24.  For the purpose of section 22 of the Act, a future performance agreement that is not a gift card agreement to which sections 25.2 to 25.5 apply shall set out the following information:

1. The name of the consumer.

2. The name of the supplier and, if different, the name under which the supplier carries on business.

3. The telephone number of the supplier, the address of the premises from which the supplier conducts business, and information respecting other ways, if any, in which the supplier can be contacted by the consumer, such as the fax number and e-mail address of the supplier.

4. A fair and accurate description of the goods and services to be supplied to the consumer, including the technical requirements, if any, related to the use of the goods or services.

5. An itemized list of the prices at which the goods and services are to be supplied to the consumer, including taxes and shipping charges.

6. A description of each additional charge that applies or may apply, such as customs duties or brokerage fees, and the amount of the charge if the supplier can reasonably determine it.

7. The total amount that the supplier knows is payable by the consumer under the agreement, including amounts that are required to be disclosed under paragraph 6, or, if the goods and services are to be supplied during an indefinite period, the amount and frequency of periodic payments.

8. The terms and methods of payment.

9. As applicable, the date or dates on which delivery, commencement of performance, ongoing performance and completion of performance are to occur.

10. For goods and services that are to be delivered,

i. the place to which they are to be delivered, and

ii. if the supplier holds out a specific manner of delivery and will charge the consumer for delivery, the manner in which the goods and services are to be delivered, including the name of the carrier, if any, and including the method of transportation to be used.

11. For services that are to be performed, the place where they are to be performed, the person for whom they are to be performed, the supplier’s method of performing them and, if the supplier holds out that a specific person other than the supplier will perform any of the services on the supplier’s behalf, the name of that person.

12. The rights, if any, that the supplier agrees the consumer will have in addition to the rights under the Act and the obligations, if any, by which the supplier agrees to be bound in addition to the obligations under the Act, in relation to cancellations, returns, exchanges and refunds.

13. If the agreement includes a trade-in arrangement, a description of the trade-in arrangement and the amount of the trade-in allowance.

14. The currency in which amounts are expressed, if it is not Canadian currency.

15. Any other restrictions, limitations and conditions that are imposed by the supplier.

16. The date on which the agreement is entered into. O. Reg. 17/05, s. 24; O. Reg. 187/07, s. 2.

Express opportunity to accept or decline agreement

25.  In the case of a future performance agreement to which sections 22 to 26 of the Act apply, the supplier shall provide the consumer with an express opportunity to accept or decline the agreement and to correct errors immediately before entering into it. O. Reg. 17/05, s. 25.

Gift Card Agreements

Application of sections

25.1  Sections 25.2 to 25.5 apply to every gift card agreement entered into on or after the day this section comes into force and to every gift card issued under that agreement, but do not apply to,

(a) a gift card that a supplier issues for a charitable purpose; or

(b) a gift card that covers only one specific good or service; or

(c) the gift card agreement under which a gift card described in clause (a) or (b) is issued. O. Reg. 187/07, s. 3.

Exemption

25.2  A gift card agreement is exempt from subsection 21 (1), section 26 and subsection 96 (2) of the Act. O. Reg. 187/07, s. 3.

No expiry dates

25.3  (1)  No supplier shall enter into a gift card agreement that has an expiry date on the future performance of the agreement. O. Reg. 187/07, s. 3.

(2)  A gift card agreement with an expiry date on its future performance shall be effective as if it had no expiry date if the agreement is otherwise valid. O. Reg. 187/07, s. 3.

Limit on fees

25.4  (1)  No supplier under a gift card agreement that is not an open loop gift card agreement shall,

(a) issue a gift card for less than the value of the payment made by the consumer for entering into the agreement or hold out that the supplier can provide such a gift card; or

(b) charge a fee to the holder of a gift card for anything in relation to the card, other than a fee for replacing a lost or stolen gift card or a fee to customize a gift card. O. Reg. 202/08, s. 2 (2).

(2)  No supplier under an open loop gift card agreement shall,

(a) issue a gift card for less than the value of the payment made by the consumer for entering into the agreement less $1.50 or hold out that the supplier can provide such a gift card; or

(b) charge a fee to the holder of a gift card for anything in relation to the card, other than a fee for replacing a lost or stolen gift card, a fee to customize a gift card or a dormancy fee in accordance with subsection (2.1). O. Reg. 202/08, s. 2 (2).

(2.1)  The supplier under an open loop gift card agreement may charge a dormancy fee to the holder of the gift card if,

(a) the fee is charged no earlier than,

(i) 15 months after the end of the month that the consumer entered into the agreement, if the holder does not request the supplier for an extension in that 15th month, or

(ii) 18 months after the end of the month that the consumer entered into the agreement, if the holder requests the supplier for an extension in the 15th month after the end of the month that the consumer entered into the agreement;

(b) the fee does not exceed $2.50 per month;

(c) the card has a notice on the front of the card in 10 point font indicating that there is fee information on the back of the card;

(d) the card has a notice on the back of the card setting out, clearly and prominently, the information mentioned in clauses (a) and (b); and

(e) the supplier discloses the information mentioned in clauses (a) and (b) to the consumer at the time that the consumer enters into the agreement. O. Reg. 202/08, s. 2 (2).

(3)  If a supplier or a seller has charged a fee or an amount in contravention of subsection (2), the consumer or the holder of a gift card who paid the fee or the amount may demand a refund by giving notice to the supplier in accordance with section 92 of the Act within one year after making the payment. O. Reg. 187/07, s. 3.

(4)  A supplier who receives a notice demanding a refund under subsection (3) shall provide the refund within 15 days of receiving the notice. O. Reg. 187/07, s. 3.

Requirements for agreements

25.5  For the purpose of section 22 of the Act, a future performance agreement that is a gift card agreement shall set out the following information:

1. The fees that the supplier may charge under clause 25.4 (2) (b).

2. All restrictions, limitations and conditions that the supplier imposes on the use of the gift card. O. Reg. 187/07, s. 3.

Time Share Agreements

Requirements for time share agreements

26.  (1)  For the purpose of section 27 of the Act, a time share agreement shall be signed by the consumer and the supplier and shall set out the following information:

1. The name of the consumer.

2. The name of the supplier and, if different, the name under which the supplier carries on business.

3. The telephone number of the supplier, the address of the premises from which the supplier conducts business, and information respecting other ways, if any, in which the supplier can be contacted by the consumer, such as the fax number and e-mail address of the supplier.

4. The names of,

i. the person, if any, who solicited the consumer in connection with the agreement,

ii. the person, if any, who negotiated the agreement with the consumer, and

iii. the person who concluded the agreement with the consumer.

5. If the supplier has contracted with a property manager, other than an employee of the supplier, to manage the property that is the subject of the agreement, the name and telephone number of the property manager and information respecting other ways, if any, in which the property manager can be contacted by the consumer, such as the fax number and e-mail address of the property manager.

6. The date on which and the place where the agreement is entered into.

7. The commencement date and the term of the agreement including, if that is the case, that the term is indefinite.

8. A statement containing the text set out in subsection (2) and, if applicable, the additional text set out in subsection (3),

i. which shall be in at least 10 point type, except for the heading which shall be in at least 12 point bold type, and

ii. which shall appear on the first page of the agreement, unless there is a notice on the first page of the agreement in at least 12 point bold type indicating where in the agreement the statement appears.

9. A fair and accurate description of the consumer’s rights in respect of the use of the property that is the subject of the agreement, including,

i. the precise location of the property,

ii. the precise suite or the type of suite that the consumer will have the right to occupy,

iii. the periods during or the dates on which the consumer will have the right to use the property,

iv. the goods and services, including facilities, that will be provided to the consumer or to which the consumer will have access, together with any conditions attached to, and any restrictions and limitations on, the use of or access to these goods and services, and

v. any conditions attached to, and any restrictions and limitations on, the consumer’s right to dispose of the time share the consumer is acquiring under the agreement.

10. The details respecting the consumer’s right, if any, to use a different property in substitution for the property that is the subject of the agreement, including,

i. the times at which the right may be exercised,

ii. the method by which the right is to be exercised,

iii. the amounts payable by the consumer in connection with exercising the right, and

iv. the name of the individual or entity responsible for co-ordinating the substitution and information respecting the various ways in which the individual or entity can be contacted by the consumer, such as the telephone number, fax number and e-mail address of the individual or entity.

11. The details respecting the consumer’s right, if any, to exchange his or her right to occupy a precise suite or a type of suite for a right to occupy a different suite or type of suite, including,

i. the times at which the right may be exercised,

ii. the method by which the right is to be exercised,

iii. the amounts payable by the consumer in connection with exercising the right, and

iv. the name of the individual or entity responsible for co-ordinating the exchange and information respecting the various ways in which the individual or entity can be contacted by the consumer, such as the telephone number, fax number and e-mail address of the individual or entity.

12. A fair and accurate description of the access to be provided to the consumer with respect to discounts or benefits for the future provision of transportation, accommodation or other goods or services related to travel.

13. An itemized list setting out,

i. the amount of the one-time payment payable by the consumer upon entering into the agreement and the goods or services for which it is payable,

ii. the amount of each additional one-time payment payable by the consumer and the good or service for which it is payable, and

iii. the amount and frequency of the periodic payments payable by the consumer and the good or service for which each payment is payable.

14. An itemized list setting out,

i. each optional good and service, including a facility and a membership, that the supplier represents will be available to the consumer by virtue of the consumer entering into the agreement, and

ii. the amount that the consumer would have to pay for such good or service if the consumer decided to avail himself or herself of it.

15. If any of the amounts set out in the agreement is subject to change or if the consumer may be required to make a payment in addition to the payments set out in the agreement,

i. a statement to that effect,

ii. a description of the circumstances in which the amount may change or the additional payment may be required, and

iii. either,

A. what the changed amount or the additional payment will be, or

B. the objective standard that will be applied to determine the changed amount or the additional payment.

16. If the agreement includes a trade-in arrangement, a description of the trade-in arrangement and the amount of the trade-in allowance.

17. The currency in which amounts are expressed, if it is not Canadian currency.

18. With respect to every amount that is or may be payable by the consumer, as referred to in paragraphs 10, 11, 13, 14 and 15, the terms and methods of payment.

19. The consequences of non-payment of any amount that is payable by the consumer. O. Reg. 17/05, s. 26 (1).

(2)  The statement mentioned in paragraph 8 of subsection (1) shall set out the following:

Your Rights under the Consumer Protection Act, 2002

You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for cancelling during this 10-day period.

If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.

If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.

In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.

To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.

If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).

O. Reg. 17/05, s. 26 (2).

(3)  If the consumer is to receive goods under the agreement, the statement mentioned in paragraph 8 of subsection (1) shall also set out the following:

If the supplier requests in writing repossession of any goods that came into your possession under the agreement, you must return the goods to the supplier’s address or allow one of the following persons to repossess the goods at your address:

The supplier.

A person designated in writing by the supplier.

If you cancel this agreement, you must take reasonable care of any goods that came into your possession under the agreement until one of the following happens:

The supplier repossesses the goods.

The supplier has been given a reasonable opportunity to repossess the goods and twenty-one (21) days have passed since the agreement was cancelled.

You return the goods.

The supplier directs you in writing to destroy the goods and you do so in accordance with the supplier’s instructions.

O. Reg. 17/05, s. 26 (3).

Personal Development Services

Prescribed amount

27.  The prescribed amount for the purpose of clause 29 (1) (b) of the Act is $50. O. Reg. 17/05, s. 27.

Requirements for agreement where no alternate facility

28.  (1)  This section applies to a personal development services agreement,

(a) for a facility that is available; or

(b) for a facility that is not available, if the agreement does not provide for the consumer to use an alternate facility until the primary facility becomes available. O. Reg. 17/05, s. 28 (1).

(2)  For the purpose of subsection 30 (1) of the Act, a personal development services agreement described in subsection (1) shall be signed by the consumer and the supplier and shall set out the following information:

1. The name of the consumer.

2. The name of the supplier and, if different, the name under which the supplier carries on business.

3. The telephone number of the supplier, the address of the premises from which the supplier conducts business, and information respecting other ways, if any, in which the supplier can be contacted by the consumer, such as the fax number and e-mail address of the supplier.

4. The names of,

i. the person, if any, who solicited the consumer in connection with the agreement,

ii. the person, if any, who negotiated the agreement with the consumer, and

iii. the person who concluded the agreement with the consumer.

5. The address of the facility at which the personal development services will be available.

6. An itemized list of the personal development services that the supplier is to make available to the consumer, that fairly and accurately describes each service.

7. For each personal development service contracted for, the date on or as of which it will be available to the consumer.

8. The reduction, if any, in the price payable by the consumer if a personal development service is not available on the date specified under paragraph 7.

9. If a personal development service will not be available at the time the consumer is to make a payment in respect of it,

i. a statement that, if a personal development service is not available at the time the consumer is to make a payment in respect of it, the consumer shall make the payment through the trust corporation whose name and address are set out in the agreement, and

ii. the name and address of the trust corporation.

10. A statement containing the text set out in subsection (3) and, if applicable, the additional text set out in subsection (4),

i. which shall be in at least 10 point type, except for the heading which shall be in at least 12 point bold type, and

ii. which shall appear on the first page of the agreement, unless there is a notice on the first page of the agreement in at least 12 point bold type indicating where in the agreement the statement appears.

11. If the agreement includes a trade-in arrangement, a description of the trade-in arrangement and the amount of the trade-in allowance.

12. The total amount payable by the consumer and the terms and methods of payment.

13. The currency in which amounts are expressed, if it is not Canadian currency.

14. The date on which the agreement is entered into.

15. The commencement date of the agreement and the date on which the agreement expires.

16. If the agreement provides for the renewal or extension of the agreement,

i. the requirements for renewal or extension of the agreement, as set out in section 30,

ii. the manner in which the supplier shall deliver a notice about renewal and extension to the consumer, and the agreement may require the supplier to use one of the following methods or may permit the supplier to choose one method from among one or more of the following methods:

A. by mail or personal delivery to an address specified by the consumer in the agreement,

B. by e-mail to an e-mail address specified by the consumer in the agreement,

C. by fax to a fax number specified by the consumer in the agreement, or

D. in some other manner specified by the consumer in the agreement, and

iii. that the agreement shall be deemed not to be renewed or extended if the consumer notifies the supplier, before the time for renewal or extension, that the consumer does not want to renew or extend. O. Reg. 17/05, s. 28 (2).

(3)  The statement mentioned in paragraph 10 of subsection (2) shall set out the following:

Your Rights under the Consumer Protection Act, 2002

You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for cancelling during this 10-day period.

In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.

To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.

If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).

O. Reg. 17/05, s. 28 (3).

(4)  If the consumer is to receive goods under the agreement, the statement mentioned in paragraph 10 of subsection (2) shall also set out the following:

If the supplier requests in writing repossession of any goods that came into your possession under the agreement, you must return the goods to the supplier’s address or allow one of the following persons to repossess the goods at your address:

The supplier.

A person designated in writing by the supplier.

If you cancel this agreement, you must take reasonable care of any goods that came into your possession under the agreement until one of the following happens:

The supplier repossesses the goods.

The supplier has been given a reasonable opportunity to repossess the goods and twenty-one (21) days have passed since the agreement was cancelled.

You return the goods.

The supplier directs you in writing to destroy the goods and you do so in accordance with the supplier’s instructions.

O. Reg. 17/05, s. 28 (4).

Requirements for agreement where alternate facility to be used

29.  (1)  This section applies to a personal development services agreement for a facility that is not available, if the consumer agrees in writing to use an alternate facility until the primary facility becomes available. O. Reg. 17/05, s. 29 (1).

(2)  For the purpose of subsection 30 (1) of the Act, a personal development services agreement described in subsection (1) shall be signed by the consumer and the supplier, shall set out the information referred to in paragraphs 1, 2, 3, 4, 10, 11, 12, 13, 14, 15 and 16 of subsection 28 (2) and shall set out the following information:

1. The address of the primary facility and the address of the alternate facility.

2. An itemized list of the personal development services that the supplier is to make available to the consumer at the alternate facility, that fairly and accurately describes each service and that sets out the price payable for the services on a monthly basis.

3. An itemized list of the personal development services that the supplier is to make available to the consumer at the primary facility, that fairly and accurately describes each service.

4. For each personal development service that the supplier is to make available to the consumer at the alternate facility, the date on which it will be available, and for each personal development service that the supplier is to make available to the consumer at the primary facility, the date on which it will be available.

5. The reduction, if any, in the price payable by the consumer if a personal development service is not available at the facility at which it is supposed to be available on the date on which it is supposed to be available at that facility. O. Reg. 17/05, s. 29 (2).

Supplier obligations for renewal or extension

30.  (1)  For the purpose of subsection 31 (3) of the Act, a personal development services agreement that provides for the renewal or extension of the agreement is not valid unless the supplier complies with the requirements of subsection (2). O. Reg. 17/05, s. 30 (1).

(2)  At least 30 days but not more than 90 days before the agreement expires, the supplier shall deliver to the consumer, in the manner specified in the agreement pursuant to subparagraph 16 ii of subsection 28 (2),

(a) a written notice about renewal or extension,

(i) setting out the date of the proposed renewal or extension of the agreement,

(ii) stating that under the Consumer Protection Act, 2002, the supplier is required to deliver the notice to the consumer, in the manner specified in the agreement, at least 30 days but not more than 90 days before the agreement expires,

(iii) setting out the address of the premises from which the supplier conducts business and information respecting other ways, if any, in which the supplier can be contacted by the consumer, such as the fax number and e-mail address of the supplier, and

(iv) stating that the agreement will not be renewed or extended if, before the date set out under subclause (i), the consumer notifies the supplier, at the address set out under subclause (iii) or by contacting the supplier in some other way as set out under that subclause, that the consumer does not want to renew or extend the agreement; and

(b) a copy of the agreement that clearly notes all changes that the supplier has made to the agreement. O. Reg. 17/05, s. 30 (2).

(3)  A notice under clause (2) (a) that is sent to the consumer by registered mail shall be deemed to be delivered on the third day after the day of mailing. O. Reg. 17/05, s. 30 (3).

Internet Agreements

Prescribed amount

31.  The prescribed amount for the purpose of section 37 of the Act is $50. O. Reg. 17/05, s. 31.

Disclosure of information

32.  For the purpose of subsection 38 (1) of the Act, the information that the supplier shall disclose to the consumer before the consumer enters into an internet agreement is:

1. The name of the supplier and, if different, the name under which the supplier carries on business.

2. The telephone number of the supplier, the address of the premises from which the supplier conducts business, and information respecting other ways, if any, in which the supplier can be contacted by the consumer, such as the fax number and e-mail address of the supplier.

3. A fair and accurate description of the goods and services proposed to be supplied to the consumer, including the technical requirements, if any, related to the use of the goods or services.

4. An itemized list of the prices at which the goods and services are proposed to be supplied to the consumer, including taxes and shipping charges.

5. A description of each additional charge that applies or may apply, such as customs duties or brokerage fees, and the amount of the charge if the supplier can reasonably determine it.

6. The total amount that the supplier knows would be payable by the consumer under the agreement, including amounts that are required to be disclosed under paragraph 5, or, if the goods and services are proposed to be supplied during an indefinite period, the amount and frequency of periodic payments.

7. The terms and methods of payment.

8. As applicable, the date or dates on which delivery, commencement of performance, ongoing performance and completion of performance would occur.

9. For goods and services that would be delivered,

i. the place to which they would be delivered, and

ii. if the supplier holds out a specific manner of delivery and intends to charge the consumer for delivery, the manner in which the goods and services would be delivered, including the name of the carrier, if any, and including the method of transportation that would be used.

10. For services that would be performed, the place where they would be performed, the person for whom they would be performed, the supplier’s method of performing them and, if the supplier holds out that a specific person other than the supplier would perform any of the services on the supplier’s behalf, the name of that person.

11. The rights, if any, that the supplier agrees the consumer will have in addition to the rights under the Act and the obligations, if any, by which the supplier agrees to be bound in addition to the obligations under the Act, in relation to cancellations, returns, exchanges and refunds.

12. If the agreement is to include a trade-in arrangement, a description of the trade-in arrangement and the amount of the trade-in allowance.

13. The currency in which amounts are expressed, if it is not Canadian currency.

14. Any other restrictions, limitations and conditions that would be imposed by the supplier. O. Reg. 17/05, s. 32.

Copy of internet agreement

33.  (1)  For the purpose of subsection 39 (1) of the Act, the supplier shall deliver a copy of the internet agreement in writing to the consumer within 15 days after the consumer enters into the agreement. O. Reg. 17/05, s. 33 (1).

(2)  For the purpose of subsection 39 (2) of the Act, the following information shall be included in the copy of the internet agreement:

1. The information listed in section 32 of this Regulation.

2. The name of the consumer.

3. The date on which the agreement is entered into. O. Reg. 17/05, s. 33 (2).

(3)  For the purpose of subsection 39 (3) of the Act, the manner in which the copy of the internet agreement shall be delivered is any one of the following:

1. Transmitting it in a manner that ensures that the consumer is able to retain, print and access it for future reference, such as sending it by e-mail to an e-mail address that the consumer has given the supplier for providing information related to the agreement.

2. Transmitting it by fax to the fax number that the consumer has given the supplier for providing information related to the agreement.

3. Mailing or delivering it to an address that the consumer has given the supplier for providing information related to the agreement.

4. Providing it to the consumer in any other manner that allows the supplier to prove that the consumer has received it. O. Reg. 17/05, s. 33 (3).

Direct Agreements

Prescribed amount

34.  The prescribed amount for the purpose of subsection 41 (1) of the Act is $50. O. Reg. 17/05, s. 34.

Requirements for direct agreements

35.  (1)  For the purpose of section 42 of the Act, a direct agreement shall be signed by the consumer and the supplier and shall set out the following information:

1. The name and address of the consumer.

2. The name of the supplier and, if different, the name under which the supplier carries on business.

3. The telephone number of the supplier, the address of the premises from which the supplier conducts business, and information respecting other ways, if any, in which the supplier can be contacted by the consumer, such as the fax number and e-mail address of the supplier.

4. The names of,

i. the person, if any, who solicited the consumer in connection with the agreement,

ii. the person, if any, who negotiated the agreement with the consumer, and

iii. the person who concluded the agreement with the consumer.

5. The date on which and the place where the agreement is entered into.

6. A fair and accurate description of the goods and services to be supplied to the consumer, including the technical requirements, if any, related to the use of the goods or services.

7. The total amount payable by the consumer under the agreement or, if the goods and services are to be supplied during an indefinite period, the amount and frequency of periodic payments.

8. The terms of payment.

9. An itemized list of the prices at which the goods and services are to be supplied to the consumer, including taxes and shipping charges.

10. If the agreement includes a trade-in arrangement, a description of the trade-in arrangement and the amount of the trade-in allowance.

11. A statement containing the text set out in subsection (2) and, if applicable, the additional text set out in subsection (3),

i. which shall be in at least 10 point type, except for the heading which shall be in at least 12 point bold type, and

ii. which shall appear on the first page of the agreement, unless there is a notice on the first page of the agreement in at least 12 point bold type indicating where in the agreement the statement appears.

12. As applicable, the date or dates on which delivery, commencement of performance, ongoing performance and completion of performance are to occur.

13. The rights, if any, that the supplier agrees the consumer will have in addition to the rights under the Act and the obligations, if any, by which the supplier agrees to be bound in addition to the obligations under the Act, in relation to cancellations, returns, exchanges and refunds.

14. The currency in which amounts are expressed, if it is not Canadian currency.

15. Any other restrictions, limitations and conditions that are imposed by the supplier. O. Reg. 17/05, s. 35 (1).

(2)  The statement mentioned in paragraph 11 of subsection (1) shall set out the following:

Your Rights under the Consumer Protection Act, 2002

You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for cancelling during this 10-day period.

If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.

If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.

In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.

To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.

If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).

However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier, except goods that can be repossessed by or returned to the supplier.

O. Reg. 17/05, s. 35 (2).

(3)  If the consumer is to receive goods under the agreement, the statement mentioned in paragraph 11 of subsection (1) shall also set out the following:

If the supplier requests in writing repossession of any goods that came into your possession under the agreement, you must return the goods to the supplier’s address, or allow one of the following persons to repossess the goods at your address:

The supplier.

A person designated in writing by the supplier.

If you cancel this agreement, you must take reasonable care of any goods that came into your possession under the agreement until one of the following happens:

The supplier repossesses the goods.

The supplier has been given a reasonable opportunity to repossess the goods and twenty-one (21) days have passed since the agreement was cancelled.

You return the goods.

The supplier directs you in writing to destroy the goods and you do so in accordance with the supplier’s instructions.

O. Reg. 17/05, s. 35 (3).

(4)  The supplier may meet the requirements of paragraph 11 of subsection (1) by providing a statement that is required under legislation of another province or territory of Canada that is enacted for the protection of consumers, if,

(a) the statement is required in connection with agreements that are substantially equivalent to direct agreements; and

(b) the statement is substantially equivalent to the statement requirement by paragraph 11. O. Reg. 17/05, s. 35 (4).

Remote Agreements

Prescribed amount

36.  The prescribed amount for the purpose of section 44 of the Act is $50. O. Reg. 17/05, s. 36.

Disclosure of information

37.  (1)  For the purpose of section 45 of the Act, the information that the supplier shall disclose to the consumer before the consumer enters into a remote agreement is:

1. The name of the supplier and, if different, the name under which the supplier carries on business.

2. The telephone number of the supplier and, if the consumer is required to deal with the supplier at particular premises, the address of the premises at which the consumer is required to deal with the supplier.

3. A fair and accurate description of the goods and services proposed to be supplied to the consumer, including the technical requirements, if any, related to the use of the goods or services.

4. An itemized list of the prices at which the goods and services are proposed to be supplied to the consumer, including taxes and shipping charges.

5. A description of each additional charge that applies or may apply, such as customs duties or brokerage fees, and the amount of the charge if the supplier can reasonably determine it.

6. The total amount that the supplier knows would be payable by the consumer under the agreement, including amounts that are required to be disclosed under paragraph 5, or, if the goods and services are proposed to be supplied during an indefinite period, the amount and frequency of periodic payments.

7. The terms and methods of payment.

8. As applicable, the date or dates on which delivery, commencement of performance, ongoing performance and completion of performance would occur.

9. For goods and services that would be delivered,

i. the place to which they would be delivered, and

ii. if the supplier holds out a specific manner of delivery and intends to charge the consumer for delivery, the manner in which the goods and services would be delivered, including the name of the carrier, if any, and including the method of transportation that would be used.

10. For services that would be performed, the place where they would be performed, the person for whom they would be performed, the supplier’s method of performing them and, if the supplier holds out that a specific person other than the supplier would perform any of the services on the supplier’s behalf, the name of that person.

11. The rights, if any, that the supplier agrees the consumer will have in addition to the rights under the Act and the obligations, if any, by which the supplier agrees to be bound in addition to the obligations under the Act, in relation to cancellations, returns, exchanges and refunds.

12. If the agreement is to include a trade-in arrangement, a description of the trade-in arrangement and the amount of the trade-in allowance.

13. The currency in which amounts are expressed, if it is not Canadian currency.

14. Any other restrictions, limitations and conditions that would be imposed by the supplier. O. Reg. 17/05, s. 37 (1).

(2)  The disclosure required under section 45 of the Act and subsection (1) of this section may be made orally or in writing, and may be made by referring the consumer to a pre-existing publication setting out the information required to be disclosed. O. Reg. 17/05, s. 37 (2).

Express opportunity to accept or decline agreement

38.  For the purpose of section 45 of the Act, before a consumer enters into a remote agreement, the supplier shall provide the consumer with an express opportunity to accept or decline the agreement and to correct errors. O. Reg. 17/05, s. 38.

Copy of remote agreement

39.  (1)  For the purpose of subsection 46 (1) of the Act, the period within which the supplier shall deliver a copy of the remote agreement in writing to the consumer is the period that begins on the day the consumer enters into the agreement and ends on the earlier of,

(a) the day that is 30 days after the supplier bills the consumer for the goods or services; and

(b) the day that is 60 days after the day the consumer enters into the agreement. O. Reg. 17/05, s. 39 (1).

(2)  For the purpose of subsection 46 (2) of the Act, the following information shall be included in the copy of the remote agreement:

1. The information listed in paragraphs 1 and 3 to 14 of subsection 37 (1) of this Regulation.

2. The telephone number of the supplier, the address of the premises from which the supplier conducts business, and information respecting other ways, if any, in which the supplier can be contacted by the consumer, such as the fax number and e-mail address of the supplier.

3. The name of the consumer.

4. The date on which the agreement is entered into. O. Reg. 17/05, s. 39 (2).

(3)  For the purpose of subsection 46 (3) of the Act, the manner in which the copy of the remote agreement shall be delivered is any one of the following:

1. Transmitting it in a manner that ensures that the consumer is able to retain, print and access it for future reference, such as sending it by e-mail to an e-mail address that the consumer has given the supplier for providing information related to the agreement.

2. Transmitting it by fax to the fax number that the consumer has given the supplier for providing information related to the agreement.

3. Mailing or delivering it to an address that the consumer has given the supplier for providing information related to the agreement.

4. Providing it to the consumer in any other manner that allows the supplier to prove that the consumer has received it. O. Reg. 17/05, s. 39 (3).

Leases to which Part VIII of the Act does not Apply

Requirements for certain leases

40.  (1)  This section applies to a lease, as defined in Part VIII of the Act, if,

(a) Part IV of the Act applies to it; and

(b) Part VIII of the Act does not apply to it by virtue of section 87 of the Act or section 77 of this Regulation. O. Reg. 17/05, s. 40 (1).

(2)  In addition to any other requirements that apply to it under Part IV of the Act, a lease described in subsection (1) shall set out the following:

1. That the lease does not transfer title to the leased goods to the lessee.

2. The penalties, or the manner of determining the penalties, that may be imposed on the lessee for unreasonable or excessive wear or use of the leased goods and the standards that will be applied to determine whether unreasonable or excessive wear or use of the leased goods has occurred.

3. In the case of an option lease, as defined in subsection 72 (1),

i. when and how the option may be exercised,

ii. the amount of the additional payment that the lessee is required to make in order to exercise the option at the end of the lease term, and

iii. the manner of determining the amount of the additional payment that the lessee is required to make in order to exercise the option before the end of the lease term.

4. That on early termination of the lease by the lessee, the lessee is not liable for more than the sum of the following amounts:

i. The periodic payments due on or before the day the lease is terminated that have not already been paid.

ii. The expenses incurred by the lessor for the removal of the leased goods from the possession of the lessee.

iii. The penalties, if any, imposed on the lessee in accordance with the lease for unreasonable or excessive wear or use of the leased goods. O. Reg. 17/05, s. 40 (2).

(3)  In this section,

“lease term” has the same meaning as in section 86 of the Act. O. Reg. 17/05, s. 40 (3).

Amendment, Renewal and Extension of Certain Consumer Agreements

Amendment, renewal or extension by explicit agreement to proposal

41.  (1)  This section applies only to the following consumer agreements:

1. Future performance agreements to which sections 22 to 26 of the Act apply.

2. Time share agreements to which sections 27 and 28 of the Act apply.

3. Internet agreements to which sections 38 to 40 of the Act apply.

4. Direct agreements to which sections 42 and 43 of the Act apply.

5. Remote agreements to which sections 45 to 47 of the Act apply. O. Reg. 17/05, s. 41 (1).

(2)  A consumer agreement mentioned in subsection (1), whether it provides for amendment, renewal or extension or not, may be amended, renewed or extended if,

(a) the supplier or the consumer makes a proposal for amendment, renewal or extension;

(b) the supplier provides to the consumer an update of all of the information that was required by the Act or this Regulation to be set out in the agreement when it was first entered into and the update reflects the effect of the proposal to amend, renew or extend; and

(c) the party who receives the proposal agrees, explicitly and not merely by implication, to the proposal. O. Reg. 17/05, s. 41 (2).

(3)  For the purpose of clause (2) (c), an acknowledgement that the proposal has been received does not in itself constitute agreement to the proposal. O. Reg. 17/05, s. 41 (3).

(4)  If the events described in clauses (2) (a), (b) and (c) occur, the amendment, renewal or extension is effective on the date specified in the proposal, but only if the supplier provides a written copy of an updated version of the agreement to the consumer within 45 days after the party who receives the proposal agrees to it. O. Reg. 17/05, s. 41 (4).

(5)  The amendment, renewal or extension does not retroactively affect rights and obligations acquired by the consumer before the effective date of the amendment, renewal or extension. O. Reg. 17/05, s. 41 (5).

(6)  On the day on which an amendment, renewal or extension of a time share agreement or a direct agreement is effective under this section, the supplier and the consumer shall be deemed to have entered into the updated version of the agreement for the purposes of subsections 28 (1) and 43 (1) of the Act. O. Reg. 17/05, s. 41 (6).

Amendment, renewal or extension in accordance with consumer agreement

42.  (1)  This section applies only to the following consumer agreements:

1. Future performance agreements to which sections 22 to 26 of the Act apply.

2. Internet agreements to which sections 38 to 40 of the Act apply.

3. Remote agreements to which sections 45 to 47 of the Act apply. O. Reg. 17/05, s. 42 (1).

(2)  A consumer agreement mentioned in subsection (1) that provides for amendment, renewal or extension may, in addition to being amendable, renewable or extendable under section 41, be amended, renewed or extended if the following conditions are satisfied:

1. The agreement indicates what elements of the agreement the supplier may propose to amend, renew or extend and at what intervals the supplier may propose an amendment, renewal or extension.

2. The agreement gives the consumer at least one of the following alternatives to accepting the supplier’s proposal to amend, renew or extend:

i. terminating the agreement, or

ii. retaining the existing agreement unchanged.

3. The agreement requires the supplier to give the consumer advance notice of a proposal to amend, renew or extend. O. Reg. 17/05, s. 42 (2).

(3)  The amendment, renewal or extension takes effect on the later of,

(a) the date specified in the notice; and

(b) the date that is 30 days after the day on which the consumer receives the notice. O. Reg. 17/05, s. 42 (3).

(4)  The amendment, renewal or extension does not retroactively affect rights and obligations acquired by the consumer before the effective date of the amendment, renewal or extension. O. Reg. 17/05, s. 42 (4).

(5)  The supplier’s notice of a proposal to amend, renew or extend shall,

(a) provide an update of all of the information that was required by the Act or this Regulation to be set out in the agreement when it was first entered into and ensure that the update reflects the effect of the proposal to amend, renew or extend;

(b) disclose all changes proposed to be made to the agreement, including, for each provision that is to be changed, the text of the provision as it would read after the change;

(c) be consistent with those aspects of the agreement mentioned in paragraphs 1 and 2 of subsection (2);

(d) specify the date on which the amendment, renewal or extension would become effective;

(e) specify a means that complies with subsection (6) for the consumer to respond to the notice;

(f) state what the effect will be if the consumer does not respond to the notice;

(g) be provided to the consumer in such a way that it is likely to come to his or her attention; and

(h) be provided to the consumer at least 30 days but not more than 90 days before the date on which it is proposed that the amendment, renewal or extension would take effect. O. Reg. 17/05, s. 42 (5).

(6)  The means for the consumer to respond to the notice shall involve no cost to the consumer and shall be easy for the consumer to use. O. Reg. 17/05, s. 42 (6).

(7)  A purported amendment, renewal or extension under this section that does not comply with subsections (5) and (6) is not effective. O. Reg. 17/05, s. 42 (7).

Agreement type continues

43.  A time share agreement, an internet agreement, a direct agreement or a remote agreement that has been amended, renewed or extended under section 41 or 42 shall continue to be considered a time share agreement, an internet agreement, a direct agreement or a remote agreement, as the case may be, even if the method by which the amendment, renewal or extension occurred would result in the agreement no longer being within the definition of “time share agreement”, “internet agreement”, “direct agreement” or “remote agreement”, as the case