Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of subsection 16(8) of the Code, a credit provider may give a precontractual document to a debtor for the purposes of section 16 of the Code by:
(a) notifying the debtor, in accordance with subregulation (3), that the precontractual document is available for retrieval by the debtor on an electronic document retrieval system; and
(b) making the precontractual document available for retrieval by the debtor, in accordance with the notification, for a reasonable period after the credit provider gives the notification to the debtor.
Note: This regulation does not limit the ways in which a credit provider may give a precontractual document to a debtor for the purposes of section 16 of the Code.
(2) The credit provider is taken to give the precontractual document to the debtor at the first time:
(a) that occurs at or after the time the credit provider gives the debtor the notification mentioned in paragraph (1)(a); and
(b) at which the precontractual document is available for retrieval by the debtor as mentioned in paragraph (1)(b).
(3) For the purposes of paragraph (1)(a), the notice must:
(a) state that the precontractual document is a precontractual statement, a document forming part of a precontractual statement, a variation of a precontractual statement or an information statement (whichever is applicable); and
(b) include any information relating to the precontractual document that the debtor needs in order to be able to retrieve the document.
Example: Paragraph (b)--the document's electronic address or any password protecting the document.
(4) The precontractual document is available for retrieval by a debtor on an electronic document retrieval system if the document is available on an information system for retrieval by electronic communication by the debtor.
Note: Regulations 72A and 72B provide additional requirements
for giving precontractual documents to debtors by means of electronic
communication.