Door-to-Door Sales Prohibition Act, 2016 Baker, Yvan — Bill 14 (41st Parliament, 2nd Session)

Bill 14, 41-2

Ontario — Bills

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Bill 14, Door-to-Door Sales Prohibition Act, 2016

Baker, Yvan

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Acts affected

Original

[41] Bill 14 Original (PDF)

Bill 14 2016

Act to prohibit door-to-door sales of certain products

CONTENTS

Interpretation

and Administration

Definitions

Administration

Door-to-Door

Sales

Door-to-door

sales

Contract

void

Right

to payment

Protection

from liability

Regulations

Regulations

Commencement

and

Short Title

Commencement

Short

title

Her

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

Province of Ontario, enacts as follows:

Interpretation and Administration

Definitions

1. In this Act,

"consumer"

means an individual acting for personal, family or household purposes and does

not include a person who is acting for business purposes; ("consommateur")

"Minister" means the Minister of Government and Consumer

Services or any other member of the Executive Council to whom responsibility

for the administration of this Act is assigned or transferred under the Executive Council Act ; ("ministre")

"prescribed means prescribed in the regulations;

("prescrit");

"regulations" means the regulations made under this Act.

("règlements")

Administration

2. The Minister is responsible for the

administration of this Act.

Door-to-Door Sales

Door-to-door

sales

(1) No person shall,

(

a) sell,

lease, rent or offer to sell, lease or rent a product listed in subsection

(2) to a consumer in person at the consumer's home; or

(

b) cause

a person to sell, lease or rent or offer to sell, lease or rent a product listed

in subsection (2) to a consumer in person at the consumer's home.

Products

(2) The products referred to in subsection

(1) are the following:

1. Air

conditioners.

2. Water

heaters.

3. Furnaces.

4. Water

treatment devices.

5. Any

other prescribed product.

Exception

(3) Clause (1) (

b) does not apply to a

consumer who invites a person into his or her home but, for greater certainty,

subsection (1) continues to apply to the invited person.

Same

(4) Subsection (1) does not restrict

advertising and marketing activities or other prescribed activities.

Offence

and penalty

(5) A person who contravenes subsection

(1) is guilty of an offence and is liable on conviction,

(

a) in

the case of a first offence under this Act,

(

i) to

a fine of not more than $500, in the case of an individual, or

(ii) to

a fine of not more than $5,000, in the case of a corporation;

(

b) in

the case of a second offence under this Act,

(

i) to

a fine of not more than $1,000, in the case of an individual, or

(ii) to

a fine of not more than $10,000, in the case of a corporation; and

(

c) in

the case of a third or subsequent offence under this Act,

(

i) to

a fine of not more than $2,000, in the case of an individual, or

(ii) to

a fine of not more than $25,000, in the case of a corporation.

Contract

void

(1) A contract that is entered

into as the result of a contravention of subsection 3 (1) is deemed to be void.

Same

(2) For greater certainty, a contract may

be deemed to be void under subsection (1) even if,

(

a) the

consumer has already paid for the product; or

(

b) the

product has already been delivered to the consumer.

Right

to payment

(1) If a contract between a person

and a consumer is deemed to be void under subsection 4 (1), the person shall, in

accordance with the regulations, pay to the consumer,

(

a) the

money paid by the consumer under the contract; and

(

b) any

additional reasonable costs the consumer incurred in uninstalling and returning

the product and, if applicable, in obtaining and installing a replacement.

Right

of action if no payment

(2) If the consumer has not received payment

as required by subsection (1), he or she may commence an action in the Superior

Court of Justice to recover the amounts referred to in subsection (3).

Judgment

(3) If the consumer is successful in the

action, unless in the circumstances it would be inequitable to do so, the court

shall order that the consumer recover twice the amount of the money referred to

in clause (1) (

a) and the costs, if any, referred to in clause (1) (b).

Legal

costs

(4) If the consumer obtains an award of legal

costs in an order made under subsection (3), the consumer is entitled to

recover any additional actual legal costs incurred in obtaining the order.

Protection

from liability

(1) If a contract is deemed to be

void under subsection 4 (1), the consumer shall not be liable for any

obligations under the contract or a related agreement, including obligations

purporting to be incurred as cancellation charges, administration charges or

any other charges or penalties.

Same

(2) No cause of action against the consumer

arises as a result of a contract being deemed to be void under subsection 4

(1) or as a result of the operation of subsection (1).

Regulations

Regulations

7. The Minister may make regulations,

(

a) prescribing

anything that, under this Act, may or must be prescribed or done by regulation;

(

b) exempting

any person or class of persons from any provision of this Act, subject to such

conditions or restrictions as may be prescribed by the regulations;

(

c) clarifying

the meaning of any paragraph listed in subsection 3 (2);

(

d) governing

payments to consumers under subsection 5 (1).

Commencement and

Short Title

Commencement

8. This Act comes into force two months after the day

it receives Royal Assent.

Short

title

9. The

short title of this Act is the Door-to-Door Sales Prohibition Act, 2016 .

EXPLANATORY

NOTE

The

Bill enacts the Door-to-Door Sales Prohibition Act, 2016 .

The

Act establishes a prohibition for various actions related to the selling,

leasing or renting of certain products in person at a consumer's home, subject

to certain qualifications.

Contravention

of this prohibition is an offence. In addition, any contract entered into as a

result of such a contravention is void. If a contract is deemed to be void, the

consumer is entitled to repayment and to the payment of any reasonable costs

incurred in uninstalling and returning the product and, if applicable, in

obtaining and installing a replacement.

the refund is not paid, the consumer may commence an action in the Superior

Court of Justice. The consumer is entitled, if successful, to twice the money

paid under the contract, in addition to the reasonable costs referred to above.

A consumer who obtains an award of legal costs is entitled to recover any

additional actual legal costs incurred in obtaining the order.

Consumers

are protected from liability if a contract is deemed void, and no cause of

action against them arises as a result of the contract being deemed void.

The

Minister of Government and Consumer Services is given the power to make

regulations dealing with a broad range of matters under the Act.

Date Bill stage Activity Committee

September 15, 2016

First Reading

Carried

Debates and Progress

First Reading

September 15, 2016

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 14

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

Ministry of Community and Social Services Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 14, 41-2
Type	bill
Volume / chapter	p41 s2 bill 14 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	5523f23d1713269e4fef6a32c89a18ec71461e3b

Source file is stored in the law ingest library (html).