72CPrecontractual disclosure—making documents available for retrieval on an electronic document retrieval system

#### 72C Precontractual disclosure—making documents available for retrieval on an electronic document retrieval system (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. > Note: 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.