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).