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O. Reg. 98/20: ORDER UNDER SUBSECTION 7.0.2 (4) - PROHIBITION ON CERTAIN PERSONS CHARGING UNCONSCIONABLE PRICES FOR SALES OF NECESSARY GOODS

under Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9

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Versions
current July 15, 2020 (e-Laws currency date)
March 27, 2020 July 14, 2020

Emergency Management and Civil Protection Act

ONTARIO REGULATION 98/20

ORDER UNDER SUBSECTION 7.0.2 (4) - PROHIBITION ON CERTAIN PERSONS CHARGING UNCONSCIONABLE PRICES FOR SALES OF NECESSARY GOODS

Historical version for the period March 27, 2020 to July 14, 2020.

Note: This Order is revoked on July 22, 2020, unless it is extended. (See s. 7.0.8 of the Act and O. Reg. 106/20, Sched. 1)

No amendments.

This is the English version of a bilingual regulation.

Whereas an emergency was declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act (the “Act”);

And Whereas the criteria set out in subsection 7.0.2 (2) of the Act have been satisfied;

And Whereas consumers need confidence that they will have access to necessary goods at prices that are not unconscionable;

Now Therefore, this Order is made pursuant to subsection 7.0.2 (4) of the Act, in particular paragraph 11 of that subsection, the terms of which are set out in Schedule 1;

And Further, this Order applies generally throughout Ontario.

And Further, this Order shall be in effect for the duration of the declared emergency, subject to section 7.0.8 of the Act.

Schedule 1
PROHIBITION ON CHARGING UNCONSCIONABLE PRICES FOR SALES OF NECESSARY GOODS

Application

1. (1) This Schedule applies to sales or offers to sell that are made by the following persons:

1. Persons who own or operate a retail business.

2. Persons who did not ordinarily deal in necessary goods before March 17, 2020.

(2) For greater certainty, this Schedule does not apply to sales or offers to sell that are made by a manufacturer, distributor or wholesaler.

Unconscionable price

2. (1) No person shall sell or offer to sell necessary goods at an unconscionable price.

(2) An unconscionable price includes a price that grossly exceeds the price at which similar goods are available to like consumers.

Necessary goods

3. For greater certainty, “necessary goods” includes the following:

1. Masks and gloves used as personal protective equipment in relation to infections.

2. Non-prescription medications for the treatment of the symptoms of the coronavirus (COVID-19), as those symptoms are described by Public Health Ontario.

3. Disinfecting agents intended for cleaning and disinfecting objects or humans.

4. Personal hygiene products, including soap products and paper products.