sec.239Contracting out prohibited

sec.239 Contracting out prohibited

A contract or agreement is void to the extent to which it— is contrary to this Act; or purports to annul, exclude, restrict or otherwise change the effect of a provision of this Act. Subsection (1) does not apply to an agreement that a dispute be referred to arbitration if the agreement is entered into after the dispute arises. Nothing in this section prevents the parties to a contract or agreement from including in the contract or agreement provisions that impose greater or more onerous obligations on an entity than are imposed under this Act. This section applies to contracts or agreements entered into before or after the commencement of this Act. (sec.239-ssec.1) A contract or agreement is void to the extent to which it— is contrary to this Act; or purports to annul, exclude, restrict or otherwise change the effect of a provision of this Act. (sec.239-ssec.2) Subsection (1) does not apply to an agreement that a dispute be referred to arbitration if the agreement is entered into after the dispute arises. (sec.239-ssec.3) Nothing in this section prevents the parties to a contract or agreement from including in the contract or agreement provisions that impose greater or more onerous obligations on an entity than are imposed under this Act. (sec.239-ssec.4) This section applies to contracts or agreements entered into before or after the commencement of this Act.

• (a) is contrary to this Act; or
• (b) purports to annul, exclude, restrict or otherwise change the effect of a provision of this Act.