O. Reg. 4/15: GENERAL
filed January 8, 2015 under Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A
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made under the
Consumer Protection Act, 2002
Made: December 10, 2014
Filed: January 8, 2015
Published on e-Laws: January 8, 2015
Printed in The Ontario Gazette: January 24, 2015
Amending O. Reg. 17/05
(GENERAL)
1. Section 12 of Ontario Regulation 17/05 is amended by,
(a) striking out “Sections 22, 23, 25, 26 and 29 to 47” at the beginning and substituting “Sections 22, 23, 25, 26, 29 to 40 and 44 to 47”; and
(b) striking out “a direct agreement”.
2. Subsection 35 (1) of the Regulation is amended by striking out “For the purpose of section 42” at the beginning of the portion before paragraph 1 and substituting “Subject to section 35.1, for the purpose of subsection 42 (1)”
3. The Regulation is amended by adding the following sections immediately before the heading “Remote Agreements”:
Requirements for direct agreements — water heaters
35.1 (1) For the purpose of subsection 42 (1) of the Act, a direct agreement that requires the supplier to supply to a consumer a water heater shall be signed by the consumer and the supplier, each page of the agreement shall be numbered consecutively, and the agreement shall set out the following information:
1. The name and address of the consumer.
2. The name of any person the consumer authorizes to verify the agreement for the purpose of the verification call required by section 35.2.
3. The telephone number to be used for the purpose of the verification call required by section 35.2.
4. The name of the supplier and, if different, the name under which the supplier carries on business.
5. The telephone number of the supplier, the address of the premises from which the supplier conducts business and information respecting other ways, if any, in which the supplier can be contacted by the consumer, such as the fax number and e-mail address of the supplier.
6. The names of,
i. the person, if any, who solicited the consumer in connection with the agreement,
ii. the person, if any, who negotiated the agreement with the consumer, and
iii. the person who concluded the agreement with the consumer.
7. The date on which and the place where the agreement is entered into.
8. A fair and accurate description of the water heater to be supplied to the consumer, including the technical requirements, if any, related to its use.
9. A statement as to whether the water heater is used or reconditioned.
10. If the consumer is leasing an existing water heater from a different supplier,
i. the supplier of the existing water heater,
ii. the serial number or other unique identifier for the existing water heater, and
iii. if the supplier of the new water heater is to remove the existing water heater and return it to the previous supplier, a statement as to whether the consumer or the new supplier is responsible for any associated costs.
11. The total amount payable by the consumer under the agreement, including taxes, or, if there is more than one payment under the agreement, the amount of each payment, including taxes.
12. An itemized list of any one time or additional charges to the consumer, such as charges for installation or late payment, and the amount of those charges, including taxes.
13. A list of any charges to the consumer for terminating the agreement, such as charges for early termination, and if the charges vary over time, a schedule of the amounts chargeable, including taxes.
14. The terms of payment.
15. If the agreement is a lease,
i. a reasonable estimate of the retail price of the water heater,
ii. the total amount payable by the consumer under the lease, based on a ten year term, regardless of the actual term of the lease,
iii. the consumer’s responsibilities under the agreement, if any, if the consumer ceases to own the property where the water heater is installed, and
iv. contact information for terminating the lease.
16. If the agreement includes a trade-in arrangement, a description of the trade-in arrangement and the amount of the trade-in allowance.
17. The applicable disclosure statements, if any, that are required under Ontario Regulation 3/15.
18. A list of any related agreements entered into at the time the direct agreement is entered into.
19. All guarantees given in respect of money payable under the agreement.
20. All security given by the consumer or a guarantor in respect of money payable under the agreement.
21. All credit agreements, as defined in Part VII of the Act, and other payment instruments, including promissory notes,
i. extended, arranged or facilitated by the person with whom the consumer reached the agreement, or
ii. otherwise related to the agreement.
22. A statement that the supplier warrants that the water heater will work and provide hot water, and will not leak or rupture for the term of the agreement.
23. As applicable, the date or dates on which delivery, installation, commencement of performance, ongoing performance and completion of performance are to occur.
24. The rights, if any, that the supplier agrees the consumer will have in addition to the rights under the Act and the obligations, if any, by which the supplier agrees to be bound in addition to the obligations under the Act, in relation to cancellation, returns, exchanges and refunds.
25. The currency in which amounts are expressed, if it is not Canadian currency.
26. Any other restrictions, limitations and conditions that are imposed by the supplier.
(2) The information required under paragraphs 11, 12 and 13 and subparagraphs 15 i and ii of subsection (1) shall appear on the first page of the agreement unless disclosure statements are required under Ontario Regulation 3/15, in which case, the information shall appear on the first page of the agreement that follows the disclosure statements.
(3) The information required under subparagraphs 15 i and ii of subsection (1) shall be in at least 12 point font.
Verification of agreement
35.2 (1) In addition to the requirements of section 35.1, a direct agreement that requires the supplier to supply to a consumer a water heater must be verified by the supplier in accordance with Ontario Regulation 3/15.
(2) Subject to subsections (3) and (4), subsection (1) does not apply if one of the following circumstances exists:
1. The consumer initiates contact with the supplier and requests that the supplier attend at the consumer’s residence.
2. A person authorized to do so by statute has prohibited or restricted the use of the water heater by tagging, sealing or other means.
3. The consumer’s existing water heater is subject to a voluntary or mandatory product recall.
4. Such other circumstances as may be set out in a regulation made by the Minister under subsection 42 (2) of the Act.
(3) If a circumstance described in paragraph 2 or 3 of subsection (2) exists, the verification requirement in subsection (1) does not apply only in respect of the supplier who supplied the consumer’s existing water heater.
(4) The circumstances described in paragraphs 1 to 3 of subsection (2) are subject to any further requirements as may be set out in a regulation made by the Minister under subsection 42 (2) of the Act.
Prescribed circumstances — water heater
35.3 (1) For the purpose of subsection 43.1 (1) of the Act, and subject to subsections (2) and (3), if one of the following circumstances exists, the restriction on time for performance under that subsection does not apply in respect of a water heater:
1. The consumer initiates contact with the supplier and requests that the supplier attend at the consumer’s residence.
2. A person authorized to do so by statute has prohibited or restricted the use of the water heater by tagging, sealing or other means.
3. The consumer’s existing water heater is subject to a voluntary or mandatory product recall.
4. Such other circumstances as may be set out in a regulation made by the Minister under subsection 42 (2) of the Act.
(2) If a circumstance described in paragraph 2 or 3 of subsection (1) exists, the restriction on time for performance under subsection 43.1 (1) of the Act does not apply only in respect of the supplier who supplied the consumer’s existing water heater.
(3) The circumstances described in paragraphs 1 to 3 of subsection (1) are subject to any further requirements as may be set out in a regulation made by the Minister under subsection 42 (2) of the Act.
Prescribed services — water heater
35.4 For the purpose of subsection 43.1 (1) of the Act, preparation for installation of a water heater at a consumer’s residence and removal of a water heater from a consumer’s residence are prescribed services.
4. (1) Subsection 40 (1) of the Regulation is amended by adding “Subject to subsection 1.1)” at the beginning of the portion before clause (a).
(2) Section 40 of the Regulation is amended by adding the following subsection:
(1.1) This section does not apply to a lease if sections 35.1 to 35.4 of this Regulation apply to it.
Commencement
5. This Regulation comes into force on the later of the day section 5 of Schedule 2 to the Stronger Protection for Ontario Consumers Act, 2013 comes into force and the day this Regulation is filed.