Energy Consumer Protection Amendment Act (Elimination of Fixed Rate Electricity Contracts), 2013 Campbell, Sarah — Bill 132 (40th Parliament, 2nd Session)

Bill 132, 40-2

Ontario — Bills

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Bill 132, Energy Consumer Protection Amendment Act (Elimination of Fixed Rate Electricity Contracts), 2013

Campbell, Sarah

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[40] Bill 132 Original (PDF)

Bill 132 2013

Act to amend the Energy Consumer Protection Act, 2010 to eliminate fixed rate

electricity contracts between retailers and consumers

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

1. Subsection

1 (6) of the Energy Consumer Protection Act, 2010 is

repealed and the following substituted:

Definition , energy

consumer

(6) For the purposes of subsections (2) and

(5),

"energy

consumer" means a consumer as defined in

section 2, a consumer as defined in subsection

30.1 (1) and a consumer as defined in

section

Section

9 of the Act is amended by adding the following subsection:

Same

(2) The prescribed requirements for the purposes

of subsection (1) shall not permit a retailer to charge consumers a fixed rate

for electricity under a contract that is deemed to be void under subsection

30.1 (2) or (3).

3. The

Act is amended by adding the following Part:

Part ii.1

Fixed Rate Electricity Contracts

Fixed

rate electricity contracts

Definitions

30.1

(1) In

this Part,

"consumer"

means a person who uses, for the person's own consumption, electricity that the

person did not generate and who annually uses less than the amount of

electricity prescribed for the purposes of clause (

a) of the definition of

"consumer" in

section 2; ("consommateur")

"contract" means an agreement between a consumer and a

retailer; ("contrat")

"retail" means,

(

a) to

sell or offer to sell electricity to a consumer,

(

b) to

act as agent or broker for a retailer with respect to the sale or offering for

sale of electricity, or

(

c) to

act or offer to act as an agent or broker for a consumer with respect to the

sale or offering for sale of electricity; ("vendre au détail")

"retailer" means a person who retails electricity, but

does not include a distributor, a suite meter provider or such other persons as

may be prescribed. ("détaillant")

Fixed

rate electricity contracts

void

(2) A contract for the provision of

electricity at a fixed rate entered into on or after the day on which this subsection

comes into force is deemed to be void.

E xtensions or

renewals

(3) An existing contract for the provision

of electricity at a fixed rate that is renewed, extended or amended on or after

the day this subsection comes into force is deemed to be void on the day the existing

contract expires, except if amended to provide for cancellation of the contract

without penalty.

No liability

(4) If a contract is deemed to be void

under this section, the consumer is not liable for any obligations under the void

contract, including obligations purporting to be incurred as cancellation

charges, administration charges or any other charges, fees or penalties.

No cause of action

(5) No

cause of action

against the consumer arises as a result of a contract being deemed to be void

under this

section or as a result of the operation of subsection (4).

Refund

within prescribed time

(6) The retailer shall refund to

the consumer any money paid by the consumer under the void contract within the number

of days prescribed for the purposes of subsection 16 (3).

Same,

right of action

(7) If a contract is deemed to be

void under this section, a consumer may commence an action against the retailer

to recover the amount described in subsection (6).

Judgment

(8) If a consumer is successful in

an action commenced under subsection (7), the court shall order that the

consumer recover twice the amount of the money paid by the consumer under the

void contract unless in the circumstances it would be inequitable to do so.

Same

(9) In addition to any order that

may be made under subsection (8), the court may order exemplary or punitive

damages or such other relief as the court considers proper.

Commencement

4. This

Act comes into force six months after the day it receives Royal Assent.

Short

title

5. The

short title of this Act is the Energy Consumer Protection Amendment

Act (Elimination of Fixed Rate Electricity Contracts), 2013 .

EXPLANATORY

NOTE

Currently,

under the Energy Consumer Protection Act, 2010 ,

contracts between retailers and consumers for the provision of electricity at a

fixed rate are permitted. The Bill adds

Part II.1 to the Act. It provides that

contracts between retailers and consumers for the provision of electricity at a

fixed rate that are entered into after a specified day are deemed to be void.

It also provides that existing contracts between retailers and consumers

for the provision of electricity at a fixed rate that are renewed, extended or

amended after a specified day are deemed to be void on the day the existing

contract expires, except if amended to provide for cancellation of the contract

without penalty.

Part II.1 further provides various protections to consumers

who enter into contracts that are deemed to be void under the new Part. Such

protections include the right to a refund of money paid under a void contract

and freedom from liability for obligations under such a contract.

Date Bill stage Activity Committee

November 21, 2013

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

November 21, 2013

Second Reading

Carried

November 21, 2013

Second Reading

Debate

November 19, 2013

First Reading

Carried

Debates and Progress

First Reading

November 19, 2013

Committee

Second Reading

November 21, 2013

Ms. Sarah Campbell, Mr. Bob Delaney, Mr. Rob Leone, Ms. Cindy Forster, Mr. Kevin Daniel Flynn, Mr. John O’Toole, Mr. Michael Prue, Hon. David Zimmer, Mr. Rod Jackson

November 21, 2013

Declared carried. Referred to the Standing Committee on Regulations and Private Bills.

Committee

Standing Committee on Regulations and Private Bills

Third Reading

Royal Assent

Acts affected - Bill 132

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Energy Consumer Protection Act, 2010

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 132, 40-2
Type	bill
Volume / chapter	p40 s2 bill 132 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	0f7d53e02cc33f7b5e94ffec18627f80e416c68e

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