What You See is What You Pay Act (Consumer Protection Amendment), 2018 Baker, Yvan — Bill 28 (41st Parliament, 3rd Session)

Bill 28, 41-3

Ontario — Bills

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Bill 28, What You See is What You Pay Act (Consumer Protection Amendment), 2018

Baker, Yvan

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Acts affected

Original

[41] Bill 28 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Consumer Protection Act, 2002 by

adding a new

section 9.1 that requires all suppliers of goods or services to

ensure that any information provided to a consumer regarding the cost of a good

or service includes an all-inclusive cost. The all-inclusive cost is defined as

the total of all amounts that a consumer will have to pay for the good or

service including the harmonized sales tax and any other charges or fees.

Suppliers will also be required to disclose the duration of a promotional

discount on the price of goods or services. A new penalty scheme is created to

deal with contraventions of the new

section 9.1.

Bill 28 2018

Act to amend the Consumer Protection Act, 2002

to require suppliers to disclose an all-inclusive cost

Her

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

Province of Ontario, enacts as follows:

The Consumer Protection Act , 2002

is amended by adding the following section:

Supplier

required to disclose all-inclusive cost

9.1

(1) A

supplier who offers, displays or advertises a good or service in the course of

a consumer transaction shall ensure that any information provided to a consumer

regarding the cost of the good or service includes an all-inclusive cost.

All-inclusive

cost

(2) For

the purposes of subsection (1), all-inclusive cost is the total of all amounts

to be paid by the consumer in consideration of the good or service including

the price of the good or service, the harmonized sales tax and any other

charges or fees.

Presentation

of prices

(3) A

supplier who displays, advertises or otherwise presents the price of a good or

service alongside the all-inclusive cost of the good or service within the

meaning of subsection (2), shall ensure that the all-inclusive cost is

displayed, advertised or presented using a font size that is equal to or larger

than the font size used for the price of the good or service.

Promotional

price

(4) If

the price of a good or service is reduced as a result of a promotional

discount, the supplier shall ensure that the duration of the promotional

discount is clearly communicated to the consumer using a font size that is not

smaller than half of the size of the font used to offer, display or advertise

the price of the good or service and its all-inclusive cost.

Exemption

(5) The

Minister may make regulations exempting any supplier, goods or services, or

any class of goods or services from the application of this section.

(1) Subclause 116 (1) (b) (

i) of the Act is repealed and the

following substituted:

(

i) in

respect of

Part II, Consumer Rights and Warranties, subsection 9.1 (1), (3) or

(4), subsection 10 (1),

section 12, subsections 13 (2) and (7) and subsections

13.1 (1) and (2),

(2) Subsection

116 (5) of the Act is amended by adding "Subject to subsection (5.1)," at the

beginning.

(3) Section

116 of the Act is amended by adding the following subsections:

Notice

of contravention

(5.1) The

Director may issue a notice of contravention to a supplier who fails to comply

with subsection 9.1 (1), (3) or (4) specifying the particulars concerning the

contravention and the supplier must comply with the requirements set out in the

notice within 30 days.

Penalties

(5.2) A

supplier who fails to comply with the requirements set out in the notice of

contravention issued under subsection (5.1) within 30 days and who is convicted

of an offence is liable to pay a fine determined as follows:

1. For

a corporation that employs one to four employees or an individual, a fine of

not more than $150 plus 100 per cent of the all-inclusive cost of the highest

priced good or service that was not in compliance with subsection 9.1 (1), (3)

or (4).

2. For

a corporation that employs five to 100 employees, a fine of not more than $1500

plus 100 per cent of the all-inclusive cost of the highest priced good or

service that was not in compliance with subsection 9.1 (1), (3) or (4).

3. For

a corporation that employs 101 to 499 employees, a fine of not more than

$10,000 plus 100 per cent of the all-inclusive cost of the highest priced good

or service that was not in compliance with subsection 9.1 (1), (3) or (4).

4. For

corporation that employs 500 or more employees, a fine of not more than $25,000

plus 100 per cent of the all-inclusive cost of the highest priced good or

service that was not in compliance with subsection 9.1 (1), (3) or (4).

Review

of offence

(5.3) A

supplier who has been convicted of an offense for contravening subsection 9.1

(1), (3) or (4) and fined in accordance with subsection (5.2) may make a

written request to the Tribunal for a hearing to review the facts of the

alleged contravention or the amount of the penalty within 30 days after

receiving a notice of fine from the Director.

Fine

stayed during hearing

(5.4) If

the supplier makes a request for a hearing in accordance with subsection (5.3),

the Tribunal shall hold a hearing and the supplier is not required to pay the

fine until the Tribunal makes a decision under subsection (5.5).

Powers

of Tribunal

(5.5) After

holding the hearing, the Tribunal may,

(

a) confirm

the contravention and the fine;

(

b) set

aside the contravention and the fine; or

(

c) confirm

the contravention but impose a lower fine.

Factors

to consider

(5.6) In

imposing a fine on a supplier that is convicted of an offence for contravening

subsection 9.1 (1), (3) or (4), the Director and the Tribunal shall take into

consideration,

(

a) the

business size and the ability of the supplier to pay the fine;

(

b) whether

or not the fine will serve as an effective deterrent against further failures

to comply with the requirements of subsection 9.1 (1), (3) or (4);

(

c) the

degree to which the offered, displayed or advertised price misleads the

consumer about the all-inclusive cost;

(

d) the

number of similar offences already committed by the supplier; and

(

e) the

value of the good or service underlying the offence.

Commencement

This Act comes into force one year after the day it receives Royal Assent.

Short

title

The

short title of this Act is the What You See is What

You Pay Act (Consumer Protection Amendment), 2018 .

Date Bill stage Activity Committee

March 27, 2018

First Reading

Carried

Debates and Progress

First Reading

March 27, 2018

Committee

Second Reading

Committee

Third Reading

Acts affected - Bill 28

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

Consumer Protection Act, 2002

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 28, 41-3
Type	bill
Volume / chapter	p41 s3 bill 28 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	6f6d6aab6ddea0558b15771716a428c95db96d17

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