Disclosure by operator before contract made
 113. (1) Every operator shall ensure that, before a contract for the sale of licensed supplies or services is entered into, a prospective purchaser has received, (a) a copy of the consumer information guide if the registrar has prepared the guide; (b) a copy of the operator’s price list; (c) an explanation of cancellation rights and refund entitlements that the operator proposes to include in the contract and an explanation of the cancellation rights and refund entitlements under the Act; (d) an offer to provide to the prospective purchaser an explanation of the funding, financing and payment options available to the purchaser, including, (i) an explanation of any penalties or fees that apply in respect of a particular funding, financing or payment option, and (ii) an explanation of how the purchaser’s choice of funding, financing or payment option may affect rights and refunds available upon cancellation; (e) an offer to provide to the prospective purchaser a copy of the cemetery or crematorium by-laws, as the case may be; (f) a statement that the cemetery is governed by by-laws and that a copy of the by-laws is available from the operator for review; (g) information on any restrictions contained in the cemetery by-laws with respect to markers, lot decorations and private structures; (h) information as to the resale or transfer of interment or scattering rights by a rights holder, including, (i) any restrictions on the resale or transfer of interment or scattering rights, including any prohibition under the cemetery by-laws and any applicable fee, (ii) obligations imposed under the Act or the cemetery by-laws on the parties to a resale or transfer of interment or scattering rights, and (iii) if the resale of interment or scattering rights is prohibited under the cemetery by-laws, an explanation of a rights holder’s cancellation rights and refund entitlement under section 47 of the Act; (i) information on any restrictions or requirements in the cemetery by-laws as to the purchase of supplies or services from the operator or a person specified by the operator; (j) if consideration and benefits are due to the operator or another person if the purchaser chooses a particular funding, financing or payment option, a statement to that effect; and (k) if consideration and benefits are due to the operator or another person by reason of recommendations made to the purchaser with respect to particular supplies or services that the purchaser will contract for with a third party other than the operator, a statement to that effect.  O. Reg. 30/11, s. 113 (1); O. Reg. 81/19, s. 3 (1). (2) If an operator maintains or makes use of a website and enters into electronic contracts for the sale of licensed supplies and services through the website, the operator shall, subject to subsection (2.1), provide the items that subsection (1) requires the operator to ensure the prospective purchaser receives by, (a) posting the items in a printable form in a clearly visible place on the website; or (b) posting, in a clearly visible place on the website, a link to the website where the registrar has posted the consumer information guide in accordance with section 112.1, in the case of the copy of the guide. O. Reg. 258/21, s. 5. (2.1) If the prospective purchaser consents to receiving the copy of the consumer information guide in electronic form under clause (1) (a) and provides the operator with an electronic address for that purpose, the operator shall, for the purpose of that clause, send to that address an electronic copy of the guide or a link to the website where the registrar has posted the guide in accordance with section 112.1. O. Reg. 81/19, s. 3 (2); O. Reg. 258/21, s. 12. (2.2) If the prospective purchaser consents to receiving the link described in subsection (2.1) but does not provide the operator with an electronic address for that purpose, the operator shall, for the purpose of clause (1) (a), provide the prospective purchaser with a document in non-electronic form containing the link. O. Reg. 81/19, s. 3 (2). (2.3) If an operator posts items on a website in accordance with subsection (2), the prospective purchaser is deemed to have received the items at the time of posting. O. Reg. 81/19, s. 3 (2); O. Reg. 258/21, s. 12. (2.4) If an operator, in accordance with subsection (2.1), sends an item that subsection requires the operator to send, the prospective purchaser is deemed to have received the copy of the consumer information guide at the time the operator sends the item. O. Reg. 81/19, s. 3 (2). (3) Subsections (1) and (2) do not apply to contracts which are exempt from subsections 40 (1) and (2) of the Act.  O. Reg. 30/11, s. 113 (3). Disclosure to Purchasers