Yes No Share to Facebook
Mandate of Contracts:
Future Performance Agreements Per the Consumer Protection Act, 2002
Last Updated: August 22 2026
Question: What should be included in a written contract for a business-to-consumer future performance deal in Ontario?
Answer: For Ontario business-to-consumer future performance agreements, Mole Legal Services can help you confirm the required written-contract terms under the Consumer Protection Act, 2002, S.O. 2002, c.30, Sch. A at section 22 and O. Reg. 17/05 at section 24: the consumer’s name; the supplier’s name (and business name if different) plus the supplier’s telephone, business address, and other contact details; a fair, accurate description of the goods or services (including technical requirements if any); itemized prices including taxes and shipping; any additional charges the supplier may charge; the total payable amount or payment amounts and frequency; payment terms and methods; delivery/performance dates and where performance occurs; delivery place (and manner/carrier if delivery is charged and specified); for services, who performs and the supplier’s method; cancellation, return, exchange, and refund rights beyond the Act; any trade-in terms and allowance; currency; other restrictions/conditions; and the agreement date. If your contract is missing key items or your deal was only “handshake” and the work or delivery is later, call (647) 709-5157 for a paralegal-led review with paralegal and property management support across Ontario.
Add this website to Google Preferred Sources
Written Contract Requirements Within Business-to-Consumer Dealings
A verbal deal done with little more than a handshake may seem like a gracious way to express trust between a business and a purchasing consumer; however, such informal business relations can subsequently become troublesome even among 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 Mole Legal Services by phone at: (647) 709-5157 to discuss any specific questions that you may have.
The Law
As is prescribed by 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, a business that is to deliver goods or perform services at a later date, thereby the deal qualifying as a Future Performance Agreement, must provide a written contract containing specific terms and details. The law specifically 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
For the protection of both the consumer as well as the supplying business, the Consumer Protection Act, 2002, mandates the use of written contracts for all dealings qualifying as future performance agreements. A future performance agreement is, essentially, any dealing where the goods or services purchased are deliverable at a date and time that is other than at the time the deal is made.
NOTE: A considerable amount of online searches involving “lawyers in my area” or “top lawyer in” frequently indicate a requirement for prompt and competent legal assistance rather than a particular professional designation. In Ontario, certified paralegals are governed by the same Law Society that regulates lawyers and are permitted to represent clients in specific litigation scenarios. Advocacy, legal reasoning, and procedural expertise are fundamental to that function. Mole Legal Services provides legal representation within its licensed boundaries, focusing on strategic planning, evidence preparation, and effective advocacy aimed at securing swift and beneficial outcomes for clients.
