Last Updated: August 22 2026
What must an Ontario business include in a written contract for future delivery or services under the Consumer Protection Act?
Civil Litigations Paralegal Services can help you confirm whether a B2C deal that promises goods or services later qualifies as a future performance agreement and what must be in the written contract under the Consumer Protection Act, 2002, S.O. 2002, c. 30, at section 22 and O. Reg. 17/05, at section 24 (including consumer’s name, supplier details, clear description, itemized pricing with taxes and shipping, any additional charges, total known payable amount or payment frequency, payment terms, delivery/performance dates and places, cancellation/returns/refunds rights, any trade-in terms, currency, other restrictions, and agreement date) If your contract is missing required terms or uses only a handshake for later performance, call (416) 229-1479 to discuss next steps with a paralegal and help reduce disputes in Ontario.
Add this website to Google Preferred Sources
Written Contract Requirements Within Business-to-Consumer Dealings
A verbal deal done with a mere handshake may be a gracious way of expressing trust when a business and a consumer are forming an agreement; however, such an informal way of conducting business can lead to troubles even between honest people. To reduce the potential for disagreements and conflicts, among other reasons, in business-to-consumer dealings, where goods or services are deliverable at a later date, the law mandates the use of a written contract.
Note: Please contact Civil Litigations Paralegal Services by phone at: (416) 229-1479 to discuss any specific questions that you may have.
The Law
As per section 22 of the Consumer Protection Act, 2002, in combination with section 24 of O. Reg. 17/05 as a regulation applicable to the Consumer Protection Act, 2002, suppliers of goods and services, where a Future Performance Agreement applies, are required to provide certain terms or details within a written contract. Specifically, the law states:
Requirements for future performance agreements
22 Every future performance agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.
Requirements for future performance agreements
24. For the purpose of section 22 of the Act, a future performance agreement that is not a gift card agreement to which sections 25.2 to 25.5 apply 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. A fair and accurate description of the goods and services to be supplied to the consumer, including the technical requirements, if any, related to the use of the goods or services.
5. An itemized list of the prices at which the goods and services are to be supplied to the consumer, including taxes and shipping charges.
6. A description of each additional charge that applies or may apply, such as customs duties or brokerage fees, and the amount of the charge if the supplier can reasonably determine it.
7. The total amount that the supplier knows is payable by the consumer under the agreement, including amounts that are required to be disclosed under paragraph 6, or, if the goods and services are to be supplied during an indefinite period, the amount and frequency of periodic payments.
8. The terms and methods of payment.
9. As applicable, the date or dates on which delivery, commencement of performance, ongoing performance and completion of performance are to occur.
10. For goods and services that are to be delivered,
i. the place to which they are to be delivered, and
ii. if the supplier holds out a specific manner of delivery and will charge the consumer for delivery, the manner in which the goods and services are to be delivered, including the name of the carrier, if any, and including the method of transportation to be used.
11. For services that are to be performed, the place where they are to be performed, the person for whom they are to be performed, the supplier’s method of performing them and, if the supplier holds out that a specific person other than the supplier will perform any of the services on the supplier’s behalf, the name of that person.
12. The rights, if any, that the supplier agrees the consumer will have in addition to the rights under the Act and the obligations, if any, by which the supplier agrees to be bound in addition to the obligations under the Act, in relation to cancellations, returns, exchanges and refunds.
13. If the agreement includes a trade-in arrangement, a description of the trade-in arrangement and the amount of the trade-in allowance.
14. The currency in which amounts are expressed, if it is not Canadian currency.
15. Any other restrictions, limitations and conditions that are imposed by the supplier.
16. The date on which the agreement is entered into.
Despite the law mandating that a written contract is required for future performance agreements, business dealings done using only verbal agreements commonly occur.
Conclusion
To serve as protection for both consumer as well as suppliers, the Consumer Protection Act, 2002, prescribes the use of a written contract for dealings that qualify as a future performance agreement. Essentially, a future performance agreement includes all dealings where the purchased goods or services are deliverable at some date and time after the date that the deal is made.
NOTE: A significant quantity of inquiries featuring “lawyers near me” or “best lawyer in” generally signifies a demand for prompt and competent legal aid rather than a particular career designation. In Ontario, the same Law Society that supervises lawyers also regulates licensed paralegals, who possess the authority to represent clients in specific litigation contexts. Key aspects of this role include advocacy, legal evaluation, and procedural expertise. Civil Litigations Paralegal Services offers legal representation in accordance with its licensed scope, focusing on strategic positioning, preparation of evidence, and compelling advocacy to secure efficient and advantageous outcomes for clients.
