Newport Thomson

We dug a little deeper so organizations who do business in BC can understand the prescriptive requirements of Bill 4 – Section 18.1 states that contracts described in Division 2 or 4 of this Part, must include this list of information (18.2), so we cut and pasted those Divisions after 18.1 where it mentions it.

This gives some context as to who this applies to, but clearly many of the dark patterns businesses have “gotten away with” for many years, are now illegal. No more sneaking one by your consumer. You can read the full law here, or you can call your lawyer. Ignore this at your peril, as the power to enforce has been granted and the Bill is in force.

We think this is important because the other Provinces are watching, and a common sense Bill like this may spread quickly. And once again, if you maintain a National database a % of your list will include BC residents so you are in scope.

BILL 4 – 2025

BUSINESS PRACTICES AND CONSUMER
PROTECTION AMENDMENT ACT, 2025

Division 1.1 – Contract Requirements

Application

18.1 This Division applies to a contract described in Division 2 or 4 of this Part. 

Contract must not prohibit review – consumer

14.2 (1) A supplier must not include in a consumer contract a term or acknowledgment that prohibits or has the effect of prohibiting a consumer from posting on the internet, or otherwise communicating, a review by the consumer of

(a) the goods or services that are the subject of the contract, or

(b) the consumer transaction.

(2) A term or acknowledgment described in subsection (1) in a consumer contract is void.

Dispute resolution and class proceeding term or acknowledgment inoperative – low value claim

14.4 (1) In this section:

“contract” does not include a consumer contract;

“low value claim”, in relation to a contract, means a claim in relation to a matter arising out of the contract for an amount that is less than the prescribed amount.

(2) A dispute resolution term or acknowledgment or a class proceeding term or acknowledgment in a contract is inoperative to the extent that it applies in relation to a low value claim.

(3) Subsection (2) does not prevent the parties to a contract from agreeing, after a dispute respecting a low value claim arises, to submit the dispute to arbitration or another dispute resolution process.

Contract contents

18.2 A contract must include the following information:

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

(b) if the supplier is registered under the Motor Dealer Act, the supplier’s registration number;

(c) the date the contract is entered into;

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

(e) the supplier’s delivery arrangements, if applicable, including the mode of transportation and the place of delivery to the consumer;

(f) if the goods or services are not supplied on the date the contract is entered into,

(i) the supply date, and

(ii) if applicable, the date on which the supply of the goods or services will be complete;

(g) an itemized purchase price for the goods or services to be supplied;

(h) the nature and amount of other costs payable by the consumer in relation to the contract that can reasonably be determined by the supplier, including taxes and shipping charges;

(i) the nature of any other costs payable by the consumer in relation to the contract that cannot reasonably be determined by the supplier, including any customs duties and brokerage fees;

(j) if amounts owing under the contract are payable in a currency other than Canadian currency, the currency in which the amounts are payable;

(k) a detailed statement of the terms of payment under the contract and, if the contract provides for periodic payments, the amount of each of the periodic payments;

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

(m) if applicable, a description and dollar value of any trade-in relating to the contract;

(n) if credit is extended or arranged by the supplier, a description of the subject matter of any security interest;

(o) any promotional offers that apply to the contract, including

(i) the conditions required to qualify for the offer,

(ii) the terms and duration of the offer, and

(iii) the contract terms that apply when the offer expires;

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

(q) the supplier’s return, exchange, cancellation and refund policies;

(r) if applicable, the contract renewal terms, including

(i) how the contract may be renewed by the consumer, and

(ii) any provisions for automatic renewal;

(s) in the case of a contract designated by regulation, a notice of the consumer’s rights of cancellation, in the prescribed form and manner;

(t) any other prescribed information.

Disclosure to consumer

18.3 (1) Before a supplier enters into a contract with a consumer, the supplier must, if the total price under the contract is more than the prescribed amount, disclose the following information to the consumer:

(a) the information referred to in section 18.2 (a) and (d) to (t);

(b) any other prescribed information.

(2) The information required under subsection (1) must

(a) be provided without charge to the consumer and without conditions,

(b) be provided in a clear and comprehensible manner, and

(c) meet any other prescribed requirements.

(3) The supplier must,

(a) at the time that the information required under subsection (1) is disclosed to the consumer, provide the consumer with an express opportunity to view the entire contract, and

(b) if the consumer requests, promptly provide a copy of the contract to the consumer.

Contract cancellation

18.4 (1) A consumer may cancel a contract if

(a) the contract does not include the information required under section 18.2,

(b) the information included in the contract is inconsistent with the information disclosed to the consumer before the contract was entered into, or

(c) the supplier fails to comply with section 18.3.

(2) The consumer may cancel a contract under subsection (1) by giving notice of cancellation to the supplier not later than the following:

(a) in the case of a direct sales contract or future performance contract, one year after the date the consumer receives a copy of the contract;

(b) in the case of a time share contract, the later of

(i) one year after the date the consumer receives a copy of the contract, and

(ii) the expiry of any longer prescribed period;

(c) in the case of a distance sales contract, 7 days after the date the consumer receives a copy of the contract.

6 Section 19 is repealed.

7 Section 20 is amended

(a) in subsection (1) by striking out “section 19” and substituting “section 18.2 [contract contents]“, and

(b) by repealing subsection (3) and substituting the following:

(3) A direct sales contract is not binding on a consumer if the supplier does not give to the consumer a copy of the contract at the time the contract is entered into.

8 The following section is added:

Direct sales contract – prohibitions

20.1 (1) A supplier must not offer for sale by direct sales contract, or enter into a direct sales contract with a consumer for the supply of, any of the following:

(a) a furnace;

(b) a duct cleaning service;

(c) an air conditioner;

(d) an air cleaner or purifier;

(e) a home security system;

(f) a water heater;

(g) a water treatment device, purifier or filter;

(h) a water softener;

(i) a window or energy audit;

(j) a prescribed good or service.

(2) A supplier must not extend or arrange credit, or offer to extend or arrange credit, in respect of a direct sales contract.

(3) A direct sales contract that provides for the supply of a good or service referred to in subsection (1) is not binding on the consumer.

(4) If credit is extended or arranged by a supplier in respect of a direct sales contract, the direct sales contract and the credit agreement, as defined in section 57 [definitions for Part 5], are not binding on the consumer.

This is just a part of the law. The part we thought you might be interested in.

Let us know if you have questions.