General information about Alberta and City of Calgary rules, written in plain language and linked to the sources. It isn't legal advice. Laws change and details matter, so check the source or talk to a lawyer about your situation.
Most people have heard of a cooling-off period, but few know exactly how long it is or when it starts. In Alberta the rules for contracts made at your home are set out in Part 3 of the Consumer Protection Act and the Direct Sales Cancellation and Exemption Regulation.
They matter a lot in roofing. After a hailstorm, contracts get signed on driveways and at kitchen tables, often in a hurry. These rules are there so a decision made under pressure can be undone.
What counts as a direct sales contract
The Act calls these direct sales contracts. It's a consumer contract where the price is more than $25 (the amount set by the regulation) and the contract is negotiated or concluded in person somewhere other than the seller's place of business. An offer to buy counts too, so signing a quote you haven't heard back on can still qualify.
A roofer who inspects your roof, sits at your table and gets your signature has made a direct sales contract. So has a siding salesperson who negotiates the price in your living room, even if you sign later.
- Not a direct sale: a contract negotiated and signed at the contractor's own office or showroom.
- Not a direct sale: a contract made at a market place, auction, trade fair, agricultural fair or exhibition. A home show booth is likely to fall in this group. If you're unsure whether an event counts, ask the Consumer Contact Centre at 1-877-427-4088.
- Not a direct sale: a contract made entirely by phone, email or online with no in-person dealing. Other rules can apply to those, but not these ones.
The 10-day right: cancel for any reason
Under section 27 of the Act, you can cancel a direct sales contract without giving any reason, from the day you enter into it until 10 days after you receive a copy of the written contract.
That start point is important. The clock doesn't start at the handshake. It starts when you have a copy of the written contract in hand. If the salesperson leaves without giving you a copy and emails it three days later, your 10 days run from when you received it.
The contract itself has to tell you this. The regulation requires a statement titled Buyer's Right to Cancel, with the heading in at least 12-point bold type, saying you may cancel from the day you enter into the contract until 10 days after you receive a copy, and that you don't need a reason.
The one-year right: when the window stretches
Section 28 adds extended cancellation rights on top of the 10 days. You can cancel within one year from the date the contract was entered into in these situations.
| Situation | How long you have | Watch out for |
|---|---|---|
| The seller had to be licensed (for example, a prepaid contractor) and wasn't licensed when the contract was made | One year from the contract date | Check the licence search and keep a screenshot |
| The contract is missing any of the information the Act requires | One year from the contract date | Compare it against the list in the next section |
| The work doesn't begin within 30 days of the start date in the contract, or a new date you agreed to in writing | One year from the contract date | If you let the work start after those 30 days have passed, you lose this particular right |
What the contract must contain
Section 35 lists what a written direct sales contract must include. If any item is missing, the one-year right in the table above can apply.
- Your name and address.
- The seller's name, business address and phone number (and fax number where applicable).
- The salesperson's name, where applicable.
- The date and place the contract was entered into.
- A description of the goods or services sufficient to identify them.
- The statement of cancellation rights in the required form.
- The itemized price and the total amount of the contract.
- The terms of payment.
- For future work, the start date and the completion date.
- Where credit is extended, a statement of any security taken and the credit disclosure statement.
- Any trade-in, with its description and value.
- Both your signature and the seller's.
How to cancel: giving notice
Under section 29, the contract is cancelled when you give notice. The notice can be expressed in any way, as long as it shows you intend to cancel. It can be given by any method that lets you prove the date you cancelled, including personal delivery, registered mail, courier or fax, and even orally. If you send it rather than hand it over or say it, it counts as given on the day you send it.
Send it to the address in the contract. If you never got a copy, or the contract has no address, you can send it to any address for the business on record with the Government of Alberta, any address you know for the business, or to the salesperson.
- Write a short, dated notice: your name, the business name, the date of the contract, what the contract was for, a clear statement that you're cancelling it under the Consumer Protection Act, and a request for a full refund.
- Send it the same day by any method that lets you prove you gave notice, such as registered mail, fax or personal delivery. Email can work if you can prove it was received. Alberta's own guidance says a written notice is best practice even though oral notice is allowed.
- Keep a copy of the notice and the proof of when and how you sent it.
- Don't sign anything else the contractor sends you afterwards without reading it carefully.
Refunds, and contracts you asked for
Once you cancel properly, section 30 says the contract is treated as if it never existed. That also cancels any related sale, any guarantee or security you gave for payment, and any credit agreement the seller arranged.
Under section 31, the seller must refund all the money you paid within 15 days of cancellation. If goods were delivered, section 32 lets you hold on to them until your refund arrives. If the refund doesn't come, section 33 lets you recover it as a debt, and you can report the business to the Consumer Investigations Unit at 1-877-427-4088.
Contracts you initiated. Alberta doesn't take away your cancellation right just because you called the contractor first. If a contract is negotiated or signed at your home, it's a direct sales contract either way. What changes is payment for work already done. If you solicited the contractor's services and asked for the work to be done within 10 days of the contract date, and then cancel, the contractor is entitled to reasonable compensation for the services performed. They only get that right after they refund your money. An emergency repair is one example: you call a roofer for a leak, sign at your door, and they tarp the roof that afternoon.
How many days do I have to cancel a contract in Alberta?
For a contract made in person away from the seller's business, usually at your home, you have until 10 days after you receive a copy of the written contract, for any reason. In some situations the Act extends that to one year from the contract date.
Do the 10 days include weekends?
The Act counts 10 days after you receive the copy and doesn't say business days. If you're close to the deadline, don't gamble on how the days are counted. Send your notice right away, and check the Act or speak to a lawyer if the date is in dispute.
Can a roofer charge a cancellation fee?
Within your cancellation rights, the seller must refund all the money you paid within 15 days, and the Act says any waiver of your rights is void. The one exception is reasonable compensation for work actually done when you asked for the service and asked for it within 10 days of the contract.
I signed at a home show. Do I get 10 days?
Usually not. The Act's definition of a direct sales contract leaves out contracts made at a market place, auction, trade fair, agricultural fair or exhibition, and the regulation exempts that kind of selling from these rules. Read the contract for any cancellation terms the business offers, ask the Consumer Contact Centre if you're unsure whether your event counts, and don't sign a large contract at a booth unless you're sure.
Can I cancel by text or email?
It can, but proof is what matters. Use any method that lets you prove you gave notice, such as registered mail, fax or personal delivery. Email can work if you can prove it was received. Keep a copy, and for a large contract send a registered letter as well.
Where the facts on this page come from. If a source has changed since we last checked, tell us and we'll fix the page.
- Consumer Protection Act, RSA 2000, c C-26.3 (s. 2 and Part 3, ss. 24 to 35) · Alberta King's Printer
- Direct Sales Cancellation and Exemption Regulation, AR 191/1999 (ss. 2 to 4, Schedule) · Alberta King's Printer
- Cancellation Rights: Direct Sales and Prepaid Contracts (FAQ, October 2023) · Government of Alberta
- File a consumer complaint · Government of Alberta