Wireless Services Agreements Act, 2013 MacCharles, Hon. Tracy Minister of Consumer Services — Bill 60 (40th Parliament, 2nd Session)

Bill 60, 40-2

Ontario — Bills

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Bill 60, Wireless Services Agreements Act, 2013

MacCharles, Hon. Tracy Minister of Consumer Services

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Debates

Original

As Amended by Standing Committee

Royal Assent

[40] Bill 60 Royal Assent (PDF)

Bill 60 2013

An Act to strengthen

consumer protection with respect to consumer agreements relating to wireless

services accessed from a cellular phone, smart phone or any other similar

mobile device

Her

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

Province of Ontario, enacts as follows:

CONTENTS

Interpretation

and Application

Purpose

Definitions

Application

of Act

Anti-avoidance

Application

of Consumer Protection Act, 2002

Agreements

not binding

Consumer

Rights

Clear

disclosure of information

Advertising

Supplier's

obligations before entering into agreement

Disclosure

in agreement

Cancellation

for non-disclosure

Period

of no billing

unilateral amendment by supplier

Renewal

or extension of agreements

Payments

made under improper amendment, renewal or extension

Cancellation

by consumer at any time

Right

of action if no refund

Return

of security deposit

Cancellation

by supplier, agreement with security deposit

Cancellation

by supplier, amounts owing

General

Offences

Regulations

Commencement

and

Short Title

Commencement

Short

title

______________

Interpretation and Application

Purpose

1. The

purpose of this Act is to protect consumers who enter into agreements with

suppliers for wireless services accessed from a cellular phone, a smart phone

or any other similar mobile device.

Definitions

2. 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 ")

"minimum cost" means

the minimum amount payable by a consumer for the services provided under a

wireless agreement, expressed as a regular periodic amount, regardless of the

consumer's usage of the services; ("prix minimal")

"Minister" means the

Minister of Consumer Services or any other member of the Executive Council to

whom the responsibility for the administration of this Act is assigned or

transferred under the Executive Council Act ;

("ministre")

"optional service"

means, in respect of a wireless agreement, a wireless service for which the

consumer is required to pay more than the minimum cost; ("service facultatif")

"prescribed" means

prescribed by the regulations made under this Act; ("prescrit")

"supplier" means a

person who is in the business of selling, leasing or trading in goods or

services or is otherwise in the business of providing goods or services, and

includes an agent of the supplier and a person who holds oneself out to be a supplier

or an agent of the supplier; ("fournisseur")

"trade-in allowance"

means the greater of,

(

a) the price or

value of the consumer's goods or services as set out in a trade-in arrangement,

and

(

b) the market

value of the consumer's goods or services when taken in trade under a trade-in

arrangement; ("valeur de reprise")

"trade-in

arrangement" means an arrangement under which a consumer agrees to sell his or

her own goods or services to the supplier and the supplier accepts the goods or

services as all or part of the consideration for supplying goods or services;

("convention de reprise")

"wireless agreement"

means an agreement between a supplier and a consumer in which the supplier

agrees to provide wireless services that the consumer can access from a

cellular phone, a smart phone or any other similar mobile device, whether or

not the supplier agrees to provide goods to the consumer under the agreement.

("convention de services sans fil")

Application

of Act

(1) This

Act applies in respect of all transactions relating to a wireless agreement if

the transaction takes place on or after the day this Act comes into force and

if the consumer or the person engaging in the transaction with the consumer is

located in Ontario when the transaction takes place.

Exception

(2) Despite subsection (1), this Act does

not apply in respect of any transactions relating to a wireless agreement if,

when the transaction takes place, the consumer is located in a jurisdiction other

than Ontario that is designated by a Minister's regulation made under

subsection (4).

Definition

(3) In subsections (1) and (2),

"transaction"

means any act or instance of conducting business or other dealings with a

consumer, including a wireless agreement.

Minister's

regulations

(4) The Minister may make regulations

designating a jurisdiction other than Ontario for the purposes of subsection

(2) if the jurisdiction has legislation that applies to the transaction and the

Minister is of the opinion that the legislation provides protection to the

consumer that is similar to the protection provided by this Act.

Application

ceases

(5) This Act ceases to apply to a wireless

agreement if it is amended, renewed or extended on or after the day this Act comes

into force and none of the parties is located in Ontario at the time it is so

amended, renewed or extended.

Non-application

of Act

(6) Despite subsection (1), this Act does

not apply to a wireless agreement at the time it is amended, renewed or extended

if,

(

a) the

parties to the agreement entered into it on or after the day this Act comes

into force;

(

b) this

Act did not apply to the agreement at the time that the parties entered into

it; and

(

c) the

consumer under the agreement is not located in Ontario at the time the agreement

is amended, renewed or extended.

Anti-avoidance

4. In determining

whether this Act applies to an entity or agreement, a court or other tribunal

shall consider the real substance of the entity or agreement and in so doing

may disregard the outward form.

Application

of Consumer Protection Act, 2002

(1) In

addition to the provisions of the Consumer Protection Act,

2002 that apply to a wireless agreement and the parties to it, sections

6, 7, 11, 12, 92, 94, 98 to 101, 103, 107 to 115 and 117 to 120 of that Act

apply to a wireless agreement and the parties to it, reading,

(

a) references

to a consumer agreement as references to a wireless agreement;

(

b) references

to that Act as references to this Act;

(

c) references

to matters that are prescribed as references to matters prescribed under that

Act; and

(

d) references to the regulations

in those provisions, except for

section 92 of that Act, as references to the

regulations made under that Act and the regulations made under this Act.

Exception

(2) Despite the Consumer

Protection Act, 2002 ,

Part IV and sections 93, 95 and 96 of that Act do

not apply to a wireless agreement if this Act applies to it as a result of

section 3.

Conflict

(3) In the event of a conflict between this

Act and the Consumer Protection Act, 2002 , this Act

prevails.

Agreements not binding

(1) A

wireless agreement is not binding on the consumer unless the agreement is made

in accordance with this Act, the regulations made under this Act, the Consumer Protection Act, 2002 and the regulations made under

that Act.

Court may order consumer bound

(2) Despite subsection (1), a court may

order that a consumer is bound by all or a portion or portions of a wireless

agreement, even if the agreement has not been made in accordance with this Act,

the regulations made under this Act, the Consumer

Protection Act, 2002 and the regulations made under that Act if the

court determines that it would be inequitable in the circumstances for the consumer

not to be bound.

Consumer Rights

Clear disclosure of information

7. If

a supplier is required to disclose information to a consumer under this Act or

the regulations made under it, the supplier shall disclose the information in a

manner that is clear, comprehensible and prominent and shall deliver the

information in a form in which the consumer can retain it.

Advertising

(1) If

information on the cost to a consumer is included in any advertising with

respect to a wireless agreement, the supplier shall ensure that the information

includes an all-inclusive cost, other than the harmonized sales tax payable

under

Part IX of the Excise Tax Act (Canada), that

shows,

(

a) the total cost payable by the

consumer over the term of the agreement, if the agreement is for a fixed term;

(

b) the minimum cost, if the

agreement is for no fixed term; and

(

c) all costs, if any, payable by

the consumer under the agreement that are not periodic costs and that are

payable in addition to the minimum cost and the harmonized sales tax, if the

agreement is for no fixed term.

Prominence

(2) The supplier shall ensure that the

all-inclusive cost is the most prominent cost information on the advertising.

Consequence

(3) If information on the cost to a

consumer is included in any advertising with respect to a wireless agreement,

the supplier shall not demand, request or accept payment from the consumer in

excess of the all-inclusive cost, other than the harmonized sales tax payable

under

Part IX of the Excise Tax Act (Canada), shown

in the advertising in respect of the offer that the consumer accepts.

Supplier's

obligations before entering into agreement

(1) Before

entering into a wireless agreement, a supplier shall bring to the attention of

the consumer the information set out in paragraphs 2, 3, 5 and 7 to 19 of

subsection 10 (1) and shall provide the consumer with an express opportunity to

accept or decline the agreement and to correct errors in it.

overlapping agreements

(2) No supplier shall enter into more than

one wireless agreement with any one consumer with respect to the same device if

any part of the term of the agreements overlaps with each other.

Improper

agreements

(3) If a supplier enters into a wireless

agreement with a consumer that is contrary to subsection (2), the agreement is

void.

Disclosure

in agreement

(1) A

supplier under a wireless agreement shall ensure that the agreement is in

writing and that it discloses the following information:

1. The

name of the consumer.

2. The

name of the supplier and, if different, the name under which the supplier

carries on business.

3. The

telephone number of the supplier, the address of the premises from which the

supplier conducts business and information respecting other ways, if any, in

which the consumer can contact the supplier, such as by contacting a fax number

or an electronic mail address.

4. The

date on which the agreement is entered into.

5. The

term of the agreement.

6. The

expiry date, if any, of the agreement as agreed to by the parties to the agreement.

7. A

description that itemizes each of the services, including optional services,

that the supplier is required to provide under the agreement and the effect of

each of the services on costs payable by the consumer, including, where applicable,

i. a

statement of the minimum cost,

ii. a

statement of the maximum usage of each of the services before the consumer will

become liable for costs not included in the minimum cost,

iii. a

description of all restrictions on each of the services under the agreement,

including, without limitation, restrictions relating to the time of day, day of

the week, technological features or geography that will result in the consumer

becoming liable for costs not included in the minimum cost and a description of

how the cost payable by the consumer is calculated in those circumstances,

iv. an

explanation as to how the cost payable by the consumer for each optional

service is calculated, including, without limitation,

A. a description of any restrictions

Document details

Collection	Ontario — Bills
Citation	Bill 60, 40-2
Type	bill
Volume / chapter	p40 s2 bill 60 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	73f82586db64e74d4eef6cc5ae1f6f0277dae051

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