Nova Scotia Introduces Internet Sales Contract Regulations

The last issue of E-TIPSâ„¢ (Vol 2, No 15, January 8, 2004) reported that the Ontario government had released draft Regulations of its unproclaimed Consumer Protection Act, 2002 for public comment. On December 19, 2003, Nova Scotia's new Internet Sales Contract Regulations (ISCR) under its Consumer Protection Act, 1989 came into effect. The regulations are based on the Internet Sales Contract Harmonization Template, a framework, endorsed by federal, provincial and territorial ministers responsible for consumer affairs in May 2001, that covers online contract formation, cancellation rights, credit card charge-backs and information provision. Unlike the Ontario draft regulations, the ISCR enacted in Nova Scotia deal exclusively with Internet sales contracts and set out merchants' and consumers' rights and obligations for certain Internet transactions. They specify information, such as contact information, a description of the goods or services involved, costs and payment schedules and delivery details, that must be disclosed to consumers in a clear and comprehensible manner. An Internet sales contract which includes the above information is required to be provided to the consumer. The ISCR also establish the consumer's rights to cancel a contract and the recourse available regarding credit card charges for online purchases. To view the Nova Scotia regulations, see: www.gov.ns.ca/just/regulations/regs/cpintrnt.htm. For a copy of the government press release, visit: www.gov.ns.ca/news/details.asp?id=20031219006. Summary by: Clare McCurley