New Consumer Safeguards Under British Columbia's Business Practices And Consumer Protection Act

On March 31, 2025, British Columbia's Bill 4 received Royal Assent, introducing several changes to the province's Business Practices and Consumer Protection Act (the Act). Some of these amendments came into force immediately, while others will not be formally included in the Act until new regulations are introduced. This article summarizes the new and amended provisions, highlighting which measures are currently in force as of the date of writing, and explaining their impact on businesses and consumers governed by the Act. 

Prohibited contractual terms 

Status: In force

Suppliers are now prohibited from including certain clauses in consumer contracts, reinforcing consumer rights and transparency. Contracts can no longer include clauses that:

• Prevent a consumer from posting or sharing a review of a product or transaction (section 14.2) 
• Prevent a person from starting or joining a class proceeding in relation to a matter arising from a contract (section 14.3). This bar also applies to "low value claims" in non-consumer contracts (section 14.4). 
• Require a dispute under the contract to be settled via arbitration or another dispute resolution process (sections 14.3). This bar also applies to "low value claims" in non-consumer contracts (section 14.4). 

Any such clauses are deemed void and inoperative. The threshold for what constitutes a "low value claim" will be set by the forthcoming provincial regulations, providing further clarity for both businesses and consumers. 

Expanded access to the Civil Resolution Tribunal

Status: In force

Under the newly amended section 171, a person who has suffered damage or loss due to a breach of the Act can now make a request to BC's Civil Resolution Tribunal for the resolution of their claim. The aim of this amendment is to provide an accessible, cost-effective, and efficient mechanism for resolving consumer disputes without requiring lengthy court proceedings. The tribunal is governed by the Civil Resolution Tribunal Act, which empowers it to make monetary awards, but provides no mechanism or procedure to resolve class claims. 

Discretion to bind consumer

Status: In force

Notwithstanding the rest of the Act, a court or tribunal may now order that a consumer is bound by one or more portions of a contract, if the court/tribunal determines that it would be unjust for the consumer to not be bound (section 173.1). The exact criteria for what is "unjust in the circumstances" remain undefined, leaving courts and tribunals with the discretion to apply this provision on a case-by-case basis.

Subscription contracts

Status: Not yet in force

Under the forthcoming amendments to the B.C. Business Practices and Consumer Protection Act, new rules will govern subscription contracts that are automatically renewed. For all subscription contracts that automatically renew, suppliers will be required to give consumers the opportunity to cancel the renewal: 

• For subscription contracts with a term of less than 60 days, the contract must allow the consumer to cancel the renewal at any time (even after the renewal date) without charge or penalty (section 25.1). 
• For subscription contracts with a term of more than 60 days, the supplier must give notice of renewal to the consumer between 30 and 60 days before the renewal date (section 25.2(2)). If the consumer cancels after the renewal date they may also be entitled to a refund, the terms of which will be outlined in the regulations (section 25.2(5)).  

Unilateral amendment

Status: Not yet in force

Contracts that allow the supplier to make unilateral amendments will be required to specify what provisions may be amended at the time the contract is entered into (section 25.2(1)). This requirement promotes transparency and ensures that consumers are kept informed of which parts of their contract could be changed by the supplier.

Unilateral amendments respecting cancellations, returns, exchanges, or refunds may only be made if they do not increase the obligations of the consumer or decrease the obligations of the supplier, and the contractual provisions that enable such amendments must say this explicitly (section 25.2(2)).  This protects consumers from unfair practices, such as being forced to accept stricter return policies or additional fees.

If a supplier makes any amendment that increases the obligations of the consumer or decreases their own obligations, the consumer has the right to cancel the contract at any time without charge or penalty (section 25.2(5)). This safeguard ensures that consumers are not trapped by unfair contractual changes.

Contractual provisions that fail to meet these requirements will be deemed void. 

New requirements for contractual disclosure

Status: Not yet in force

The new section 18.2 lists a wide range of information that must now be included in all contracts, including a detailed description of the goods and services to be supplied (d), the terms of payment under the contract (k), and the supplier's return policies (q). These disclosure requirements aim to prevent unfair practices, reduce consumer confusion, and promote informed decision-making when entering contracts. For contracts with a total price above an amount to be set by the regulations, suppliers must disclose some of this information to consumers upfront before the contract is entered into (section 18.3). 

Consumers will also have the option to cancel contracts that do not contain the prescribed information (section 18.4). Specific cancellation periods depend on the type of contract:

• For distance sales contracts, the consumer may cancel within 7 days of receiving a copy of the contract (c)
• For future performance/direct sales contracts the consumer will have a full year after receiving the contract to cancel (a).

Partial prohibition on direct sales contracts

Status: Not yet in force

Under the Business Practices and Consumer Protection Act, suppliers will face new restrictions on offering or entering into direct sales contracts with consumers. Direct sales contracts are agreements entered into in person at a location other than the supplier's permanent place of business.

Suppliers will be prohibited from offering or entering into direct sales contracts with consumers for a variety of home appliances and services, including furnaces, water heaters, air conditioners, home security systems, and window/energy audits (section 20.1). This list is not exhaustive and may be expanded by the regulations. 

Scope and timing of British Columbia consumer protection rules

The changes regarding subscription contracts, contractual disclosure, and direct sales contracts will not apply to any pre-existing contracts at the time the amendments come into force, however they will apply to any pre-existing contracts that are renewed thereafter (section 203.002). 

In contrast, the changes regarding prohibited contractual terms, access to the Civil Resolution Tribunal, and judicial discretion to bind the consumer apply regardless of when the contract was entered into (section 203.001). 

Judicial interpretation of retrospective application

The British Columbia Superior Court has ruled that  while the provisions prohibiting dispute resolution clauses apply regardless of when the contract was entered into, they only apply in respect of disputes that arose on or after the date the provisions came into force (Vandenbosch v Rogers Communications Canada Inc., 2025 BCSC 119). In this decision, the court accepted that the provisions were retrospective but departed from the traditional understanding that a retrospective statute attaches new consequences to an event that occurred prior to its enactment (Elmer A. Driedger, "Statutes: Retroactive Retrospective Reflections" (1978), 56 Can. Bar. Rev. 264, at p. 276). This decision is currently under appeal, and that appeal's outcome may further define the temporal reach of consumer protection provisions in British Columbia. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.