Stop the Calls Act, 2017 Baker, Yvan — Bill 137 (41st Parliament, 2nd Session)

Bill 137, 41-2

Ontario — Bills

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Bill 137, Stop the Calls Act, 2017

Baker, Yvan

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Original

[41] Bill 137 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Stop the Calls Act, 2017 .

The

Act establishes a prohibition for unsolicited phone calls for the purpose of

selling, leasing, renting or advertising prescribed products or services,

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 for the product or service and, if

applicable, to the payment of any reasonable costs incurred in uninstalling and

returning the product and, if appropriate, 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, including

prescribing the products or services to which the prohibition in the Act

applies.

Bill 137 2017

Act to prohibit unsolicited phone calls for the purpose of selling, leasing, renting

or advertising prescribed products or services

table

of contents

Interpretation and

Administration

Definitions

Administration

Unsolicited Telemarketing

Unsolicited

telemarketing

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")

"Ministry"

means the ministry of the Minister; ("ministère")

"prescribed"

means prescribed by the regulations; ("prescrit")

"regulations"

means the regulations made under this Act. ("règlements")

Administration

2 The Minister is

responsible for the administration of this Act.

Unsolicited Telemarketing

Unsolicited

telemarketing

(1) No

person shall,

(

a) make

an unsolicited phone call to a consumer for the purpose of,

(

i) selling,

leasing, renting or offering to sell, lease or rent a prescribed product,

(ii) selling

or offering to sell a prescribed service, or

(iii) advertising

a prescribed product or service; or

(

b) cause

a person to make a phone call described in clause (a).

Meaning

of "unsolicited"

(2) For

the purposes of subsection (1), a phone call is unsolicited if a person in the

consumer's household did not provide their consent to be contacted regarding

the product or service in advance of the phone call.

Form

of consent

(3) The

following rules apply to the consent referred to in subsection (2):

1. The

consent may be made orally, in writing or by other affirmative action.

2. The

consent is not valid if it was obtained through an unsolicited phone call.

3. The

person making the phone call shall bear the onus of proving the consumer's

consent.

Exception

(4) Subsection

(1) does not apply in respect of a phone call that is,

(

a) made

by or on behalf of a registered charity within the meaning of subsection 248

(1) of the Income Tax Act (Canada);

(

b) made

by or on behalf of a not-for-profit corporation;

(

c) made

by or on behalf of a federal political party registered under the Canada Elections Act (Canada) or any federal constituency

association or registered candidate at a federal election endorsed by that

party;

(

d) made

by or on behalf of a provincial political party, constituency association,

registered candidate or leadership contestant registered under the Election Finances Act ;

(

e) made

by or on behalf of a candidate nominated under the Municipal

Elections Act, 1996 ;

(

f) made

to a person with whom the person making the phone call, or the person or organization

on whose behalf the phone call is made, has an existing business relationship.

Existing

business relationship

(5) For

the purposes of clause (4) (f), an existing business relationship exists if,

(

a) the

person to whom the phone call is made purchased services or purchased, leased

or rented products from the person or organization on whose behalf the phone

call is made within the eighteen-month period immediately preceding the date of

the phone call;

(

b) the

person to whom the phone call is made submitted an inquiry or application to

the person or organization in respect of whom the phone call is made regarding

one of their products or services within the six-month period immediately

preceding the date of the phone call; or

(

c) there

is a written contract between the person to whom the phone call is made and the

person or organization on whose behalf the phone call is made that is currently

in existence or that expired within the eighteen-month period immediately

preceding the date of the phone call.

Offence

and penalty

(6) 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 service; or

(

b) the

product or service has already been delivered or provided to the consumer.

Right

to payment

(1) If a

contract between a person and a consumer to provide a product or service to the

consumer is deemed to be void under subsection 4 (1), the person who provided

the product or service shall, in accordance with the regulations, pay to the

consumer,

(

a) the

money paid by the consumer under the contract; and

(

b) if

applicable, any additional reasonable costs the consumer incurred in

uninstalling and returning the product and, if appropriate, 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,

(

a) twice

the amount of the money referred to in clause (1) (a); and

(

b) 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

a product or service for the purposes of clause 3 (1) (a);

(

b) exempting

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

conditions or restrictions as may be prescribed;

(

c) 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 Stop the Calls Act, 2017 .

Date Bill stage Activity Committee

June 1, 2017

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

June 1, 2017

Second Reading

Carried

June 1, 2017

Second Reading

Debate

May 29, 2017

First Reading

Carried

Debates and Progress

First Reading

May 29, 2017

Committee

Second Reading

June 1, 2017

Mr. Yvan Baker, Mr. Jim McDonell, Mrs. Gila Martow, Mr. Jagmeet Singh, Hon. Tracy MacCharles, Mr. Sam Oosterhoff, Ms. Catherine Fife, Mr. Mike Colle, Mr. Robert Bailey, Mr. John Fraser, Mr. Granville Anderson

June 1, 2017

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

Committee

Standing Committee on Regulations and Private Bills

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 137, 41-2
Type	bill
Volume / chapter	p41 s2 bill 137 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	5b922a623a29fb8c3fb616b06b1f90391481fd29

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