Definitions
1 In this Regulation,
(a) “Act”
means the Fair Trading Act;
(b) “Court”
means the Court of Queen’s Bench or, subject to the jurisdiction of the
Provincial Court, the Provincial Court;
(c) “Internet”
means the decentralized global network connecting networks of computers and
similar devices to each other for the electronic exchange of information using
standardized communication protocols;
(d) “Internet
sales contract” means a consumer transaction that is a contract in which
(i) the consideration for the goods or services exceeds $50, and
(ii) the contract is formed by text‑based Internet
communications.
Application
2 This Regulation applies to the following
Internet sales contracts:
(a) a
contract in which the supplier or consumer is a resident of Alberta;
(b) a
contract in which the offer or acceptance is made in or is sent from Alberta.
Exemption
3 This Regulation does not apply to the
following classes of business:
(a) the
business of trading in real estate by a person authorized under the Real Estate Act to act as a real estate
broker;
(b) the
business of dealing in mortgages by a person authorized under the Real Estate Act to act as a mortgage
broker;
(c) the
business of maintaining or operating a school or providing correspondence
courses for the purpose of giving instruction or training in a vocation by a
person who is licensed under the Private
Vocational Schools Act, or by an agent of that person;
(d) the
business of selling, leasing or renting or offering for sale, lease or rent a
lot, plot, compartment, crypt or other space in a cemetery, columbarium or
mausoleum by a person who is licensed under the Cemeteries Act;
(e) the
business of undertaking to provide or
make provision for another’s funeral services under a funeral services
contract or soliciting another person to enter into a funeral services contract
by a person who is licensed under the Funeral
Services Act;
(f) the
business of selling cut flowers;
(g) the
business of selling food or food products that are in a perishable state at the
time of delivery to the consumer;
(h) the
business of providing goods and services by an insurer or reciprocal insurance
exchange acting under the authority of a licence issued under the Insurance Act or a person acting under a
certificate of authority issued under that Act;
(i) the
business of carrying out a gaming activity under the Gaming and Liquor Act;
(j) the
business of trading in securities or exchange contracts by a person who is
registered under the Securities Act;
(k) the
business of carrying out an activity authorized under the Bank Act (Canada) by a bank;
(l) the
business of carrying out an activity authorized under the Loan and Trust Corporations Act by a loan corporation or a trust
corporation;
(m) the
business of carrying out an activity authorized under the Credit Union Act by a credit union;
(n) the
business of carrying out an activity authorized under the Alberta Treasury Branches Act by the Alberta Treasury Branches;
(o) the
business of marketing electricity or gas under the Energy Marketing
Regulation;
(p) repealed
AR 246/2005 s28;
(q) the business of public auctions under Part
12 of the Act and the Public Auctions
Regulation (AR 196/99).
AR 81/2001
s3;10/2004;246/2005
Disclosure of
information
4(1) A supplier must do the following before a
consumer enters into an Internet sales contract:
(a) disclose
to the consumer the following information:
(i) the supplier’s name and, if different, the name under which the
supplier carries on business;
(ii) the supplier’s business address and, if different, the supplier’s
mailing address;
(iii) the supplier’s telephone number and, if available, the supplier’s
e‑mail address and facsimile number;
(iv) a fair and accurate description of the goods or services being
sold to the consumer, including any relevant technical or system
specifications;
(v) an itemized list of the price of the goods or services being sold
to the consumer and any associated costs payable by the consumer, including
taxes and shipping charges;
(vi) a description of any additional charges that may apply to the
contract, such as customs duties and brokerage fees, whose amounts cannot
reasonably be determined by the supplier;
(vii) the total consideration payable by the consumer to the supplier
under the contract or, where the goods or services are being purchased over
time, the amount of the periodic payments under the contract;
(viii) the currency in which amounts owing under the contract are
payable;
(ix) the terms, conditions and method of payment;
(x) the date when the goods are to be delivered or the services are
to begin, or both;
(xi) the supplier’s delivery arrangements, including the identity of
the shipper, the mode of transportation and the place of delivery;
(xii) the supplier’s cancellation, return, exchange and refund policies, if any;
(xiii) any other restrictions, limitations or conditions of purchase
that may apply;
(b) provide
the consumer with an express opportunity to accept or decline the contract and
to correct errors immediately before entering into it.
(2) For
the purposes of subsection (1), a supplier is considered to have disclosed to
the consumer the information described in subsection (1)(a) if the information
is
(a) prominently
displayed in a clear and comprehensible manner,
and
(b) made
accessible in a manner that ensures that
(i) the consumer has accessed the information, and
(ii) the consumer is able to retain and print the information.
Copy of Internet
sales contract
5(1) A supplier must provide a consumer who enters
into an Internet sales contract with a copy of the contract in writing or
electronic form within 15 days after the contract is entered into.
(2) The
copy of the Internet sales contract under subsection (1) must include
(a) the
information described in section 4(1)(a),
(b) the
consumer’s name, and
(c) the
date the contract was entered into.
(3) For
the purposes of subsection (1), a supplier is considered to have provided the
consumer with a copy of the Internet sales contract if the copy is
(a) sent
by e‑mail to the e-mail address provided by the consumer to the supplier
for the provision of information related to the contract,
(b) sent
by facsimile to the facsimile number provided by the consumer to the supplier
for the provision of information related to the contract,
(c) mailed
or delivered to an address provided by the consumer to the supplier for the
provision of information related to the contract,
(d) actively
transmitted to the consumer in a manner that ensures that the consumer is able
to retain the copy, or
(e) provided
to the consumer in any other manner by which the supplier can prove that the
consumer has received the copy.
Cancellation of
Internet sales contract
6(1) A consumer may cancel an Internet sales
contract in the following circumstances:
(a) at
any time from the date the contract is entered into until 7 days after the
consumer receives a copy of the contract if
(i) the supplier does not disclose to the consumer the information
described in section 4(1)(a), or
(ii) the supplier does not provide to the consumer an express
opportunity to accept or decline the contract or to correct errors immediately
before entering into it;
(b) within
30 days from the date the contract is entered into if the supplier does not
provide the consumer with a copy of the contract pursuant to section 5.
(2) In
addition to the cancellation rights under subsection (1), a consumer may cancel
an Internet sales contract at any time before delivery of the goods or the commencement
of the services under the contract if
(a) in
the case of goods, the supplier does not deliver the goods within 30 days from
the delivery date specified in the contract or an amended delivery date agreed
on by the consumer and the supplier, either in writing or in electronic form,
(b) in
the case of travel, transportation or accommodation services, the supplier does
not begin the services on the commencement date specified in the contract or an
amended commencement date agreed on by the consumer and the supplier, either in
writing or in electronic form, or
(c) in
the case of services other than those services described in clause (b), the
supplier does not begin the services within 30 days from the commencement date
specified in the contract or an amended commencement date agreed on by the
consumer and the supplier, either in writing or in electronic form.
(3) If
the delivery date or commencement date is not specified in the Internet sales
contract, a consumer may cancel the contract at any time before the delivery of
the goods or the commencement of the services under the contract if the
supplier does not deliver the goods or begin the services within 30 days from
the date the contract is entered into.
(4) For
the purposes of subsections (2) and (3),
(a) a
supplier is considered to have delivered the goods under an Internet sales
contract if
(i) delivery was attempted but was refused by the consumer at the
time that delivery was attempted, or
(ii) delivery was attempted but not made because no person was
available to accept delivery for the consumer on the day for which reasonable
notice was given to the consumer that the goods were available to be delivered;
(b) a
supplier is considered to have begun the services under an Internet sales contract
if
(i) commencement was attempted but was refused by the consumer at the
time that commencement was attempted, or
(ii) commencement was attempted but did not occur
because no person was available to enable the services to begin on the day for
which reasonable notice was given to the consumer that the services were
available to begin.
AR 81/2001 s6;118/2001
Court may provide
relief against cancellation
7 If in the opinion of the Court it would
be inequitable for an Internet sales contract to be cancelled under section 6,
the Court may make any order it considers appropriate.
Notice of
cancellation
8(1) An Internet sales contract is cancelled under
section 6 on the giving of a notice of cancellation in accordance with this
section.
(2) A
notice of cancellation may be expressed in any way as long as it indicates the
intention of the consumer to cancel the Internet sales contract.
(3) The
notice of cancellation may be given to the supplier by any means, including,
but not limited to, personal service, registered mail, telephone, courier,
facsimile and e‑mail.
(4) Where
the notice of cancellation is given other than by personal service, the notice
of cancellation is deemed to be given when sent.
Effect of
cancellation
9(1) A cancellation of an Internet sales contract
under section 6 operates to cancel the contract as if the contract had never
existed.
(2) A
cancellation of an Internet sales contract under section 6 also operates to
cancel
(a) any
related consumer transaction,
(b) any
guarantee given in respect of consideration payable under the contract, and
(c) any
security given by the consumer or a guarantor in respect of consideration
payable under the contract,
as if the contract had
never existed.
(3) Where
credit is extended or arranged by the supplier, the credit contract is
conditional on the Internet sales contract whether or not the credit contract
is a part of or attached to the Internet sales contract, and if the Internet
sales contract is cancelled, that cancellation has the effect of cancelling the
credit contract as if the Internet sales contract had never existed.
Responsibilities on
cancellation
10(1) If an Internet sales contract is cancelled
under section 6, the supplier must, within 15 days from the date of
cancellation, refund to the consumer all consideration paid by the consumer
under the contract and any related consumer transaction, whether paid to the
supplier or another person.
(2) If
goods are delivered to a consumer under an Internet sales contract that is
cancelled under section 6, the consumer must, within 15 days from the date of
cancellation or delivery of the goods, whichever is later, return the goods to
the supplier unused and in the same condition in which they were delivered.
(3) The
consumer may return the goods under subsection (2) by any method that provides
the consumer with confirmation of delivery to the supplier.
(4) The
supplier must accept a return of goods by a consumer under subsection (2).
(5) The
supplier is responsible for the reasonable cost of returning goods under
subsection (2).
(6) Goods
that are returned by the consumer under subsection (2) otherwise than by
personal delivery are deemed for the purposes of that subsection to have been
returned when sent by the consumer to the supplier.
(7) Any
breach of the consumer’s obligations under this section is actionable by the
supplier as a breach of statutory duty.
Recovery of refund
11 If a consumer has cancelled an Internet
sales contract under section 6 and the supplier has not refunded all of the
consideration within the 15‑day period referred to in section 10(1), the
consumer may recover the consideration from the supplier as an action in debt.
Consumer’s recourse re credit card charges
12(1) A consumer who has charged to a credit card
account all or any part of the consideration payable under an Internet sales
contract or related consumer transaction may request the credit card issuer to
cancel or reverse the credit card charge and any associated interest or other
charges where the consumer has cancelled the contract under section 6 and the
supplier has not refunded all of the consideration within the 15‑day
period referred to in section 10(1).
(2) A
request under subsection (1) must be in writing or electronic form and contain
the following information:
(a) the
consumer’s name;
(b) the
consumer’s credit card number;
(c) the
expiry date of the consumer’s credit card;
(d) the
supplier’s name;
(e) the
date the Internet sales contract was entered into;
(f) the
amount of consideration charged to the credit card account in respect of the
Internet sales contract and any related consumer transaction;
(g) a
description of the goods or services sufficient to identify them;
(h) the
reason for cancellation of the Internet sales contract under section 6;
(i) the
date and method of cancellation of the Internet sales contract;
(j) a
statement that the consumer did not receive a refund from the supplier in
accordance with section 10(1).
(3) 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 (2), cancel or reverse the
credit card charge and any associated interest or other charges within 2
complete billing cycles of the credit card issuer or 90 days, whichever first
occurs.
(4) A
request under subsection (1) may be given to the credit card issuer by any
means, including, but not limited to, personal service, registered mail,
courier, facsimile and e‑mail.
(5) Where
the request is given other than by personal service, the request is deemed to
be given when sent.
Offence
13 A contravention of section 10(1) or 12(3)
is an offence for purposes of section 162 of the Act.
Expiry
14 For the purpose of ensuring
that this Regulation is reviewed for ongoing relevancy and necessity, with the
option that it may be repassed in its present or an amended form following a
review, this Regulation expires on September 30, 2016.
AR 81/2001 s14;15/2006
Coming into force
15 This Regulation comes into force on
October 15, 2001.