Acts and Regulations

2011, c.145 - Electronic Transactions Act

Full text
Human error
19(1)A contract or other transaction entered into by the interaction of an individual and the electronic agent of another person may be cancelled by the individual if
(a) the individual made a material error in the information provided to the electronic agent, and
(b) the electronic agent did not provide the individual with an opportunity to prevent or correct the error.
19(2)An individual who cancels a contract or other transaction under this section
(a) must notify the other person of the error promptly when the individual becomes aware of it,
(b) must take reasonable steps, including steps that conform to the other person’s instructions, to return the consideration, if any, received as a result of the error, or to destroy the consideration if instructed to do so, and
(c) must not have used or received any material benefit or value from the consideration, if any, received from the other person.
19(3)The other person must also return, or destroy if instructed to do so, any consideration received from the individual.
19(4)The individual’s right of cancellation under this section does not restrict or replace any other remedy or recourse that the individual may have in the circumstances.
19(5)If the individual who made the error was acting on behalf of another person, that latter person may cancel the transaction in accordance with this section.
2001, c.E-5.5, s.18
Human error
19(1)A contract or other transaction entered into by the interaction of an individual and the electronic agent of another person may be cancelled by the individual if
(a) the individual made a material error in the information provided to the electronic agent, and
(b) the electronic agent did not provide the individual with an opportunity to prevent or correct the error.
19(2)An individual who cancels a contract or other transaction under this section
(a) must notify the other person of the error promptly when the individual becomes aware of it,
(b) must take reasonable steps, including steps that conform to the other person’s instructions, to return the consideration, if any, received as a result of the error, or to destroy the consideration if instructed to do so, and
(c) must not have used or received any material benefit or value from the consideration, if any, received from the other person.
19(3)The other person must also return, or destroy if instructed to do so, any consideration received from the individual.
19(4)The individual’s right of cancellation under this section does not restrict or replace any other remedy or recourse that the individual may have in the circumstances.
19(5)If the individual who made the error was acting on behalf of another person, that latter person may cancel the transaction in accordance with this section.
2001, c.E-5.5, s.18