Renewals and extensions of contracts
6. (1) For the purpose of subsection 88.9 (8) of the Act, a contract may be renewed or extended only if, (0.a) the contract, (i) contains a provision that allows for its renewal or extension, and (ii) no matter how many times it is renewed or extended and subject to subsections (2) and (2.1), the contract is renewed or extended in total for a period no longer than the renewal or extension period contemplated in the provision in the contract; (a) the contract contains the same information that subsection 88.10 (1) of the Act would require in a contract that is entered into on the day the retailer of electricity or gas marketer complies with paragraph 1 of subsection (2); (b) the contract is renewed or extended without any changes, other than changes to the term of the contract and the price for the provision of electricity or gas; and (c) the contract is renewed or extended, (i) in accordance with subsection (2), in the case of a contract that is renewed or extended for a period of more than one year, or (ii) in accordance with subsection (2.1), in the case of a contract that is renewed or extended for a period of one year or less. O. Reg. 200/02, s. 6 (1); O. Reg. 194/03, s. 2 (1, 2). (2) The following rules apply to the renewal or extension of a contract for a period of more than one year: 1. The retailer of electricity or gas marketer must give the consumer written notice of the changes to the contract, a copy of the original contract and a renewal or extension form. 2. The renewal or extension form must clearly indicate, in not less than 12 point type, i. that the purpose of the form is to renew or extend the contract, ii. that the retailer of electricity or gas marketer is offering to renew or extend the contract without any changes, other than changes described on the form, in not less than 12 point type, to the term of the contract and the price for the provision of electricity or gas, ii.1 in the case of a contract for the provision of electricity, A. the price that would be payable by the consumer for the provision of electricity if the consumer renews or extends the contract, expressed per kilowatt hour of electricity, and B. the price that would be payable by the consumer if the consumer does not renew or extend the contract but purchases electricity directly from the consumer’s local electricity distributor, expressed per kilowatt hour of electricity, iii. that the contract will only be renewed or extended if the consumer accepts the renewal or extension by giving written notice to the retailer of electricity or gas marketer, iv. even if the consumer accepts the renewal or extension, the contract will not be renewed or extended if, not later than 14 days after giving the notice of acceptance, the consumer retracts the acceptance by giving written notice of the retraction to the retailer of electricity or gas marketer, and v. in the case of a contract for the provision of electricity, that the contract will only be renewed or extended if the consumer specifically acknowledges in writing that the consumer has read the information referred to in subparagraph ii.1. 3. If the current term of the contract expires less than 60 days after this section comes into force, the material referred to in paragraph 1 must be given to the consumer not more than 120 days before the current term of the contract expires. 4. If the current term of the contract expires 60 days or more after this section comes into force, the material referred to in paragraph 1 must be given to the consumer not less than 60 and not more than 120 days before the current term of the contract expires. 5. The consumer may accept the renewal or extension of the contract with the changes described on the renewal or extension form only by giving written notice to the retailer of electricity or gas marketer that indicates an intention of the consumer to accept the renewal or extension. 5.1 In the case of a contract for the provision of electricity, an acceptance under paragraph 5 is void unless the consumer specifically acknowledges in writing that the consumer has read the information referred to in subparagraph 2 ii.1. 6. Not later than 14 days after giving notice under paragraph 5, the consumer may retract the acceptance by giving written notice to the retailer of electricity or gas marketer that indicates an intention of the consumer to retract the acceptance. 7. The renewal or extension only takes effect if the consumer accepts the renewal or extension under paragraph 5 and, on the 15th day after giving notice under paragraph 5, the consumer has not retracted the acceptance under paragraph 6. O. Reg. 200/02, s. 6 (2); O. Reg. 340/02, s. 2 (1-4); O. Reg. 194/03, s. 2 (3). (2.1) The following rules apply to the renewal or extension of a contract for a period of one year or less: 1. Not less than 60 days before and more than 120 days before the renewal or extension date of the contract, the retailer of electricity or gas marketer must give the consumer written notice, in not less than 12 point type in each case except for the copy of the original contract, that includes, i. the changes to the contract, ii. a copy of the original contract, iii. a statement of all the information required under subsection 88.10 (1) of the Act, iv. in the case of a contract for the provision of electricity, A. the price that would be payable by the consumer for the provision of electricity if the contract is not cancelled, expressed per kilowatt hour of electricity, and B. the price that would be payable by the consumer if the contract is cancelled and the consumer purchases electricity directly from the consumer’s local electricity distributor, expressed per kilowatt hour of electricity, v. a cancellation form, vi. the renewal or extension date of the contract and the options that are available to the consumer as of that date, of which one option must be that the consumer may cancel the contract, vii. the fact that the contract will be renewed or extended unless the consumer gives written notice of their intention to cancel the contract within 30 days after the consumer receives notice under this paragraph, viii. the fact that the consumer may also cancel the contract within 35 days after the first bill under the renewed or extended contract is sent, and ix. in the case of a contract for the provision of electricity, a statement that the contract will only be renewed or extended if the consumer specifically acknowledges in writing that the consumer has read the information referred to in subparagraph iv. 2. The cancellation form must clearly indicate, in not less than 12 point type, i. that the consumer may use the form to cancel the contract or may cancel the contract in writing in any way, as long as it indicates the consumer’s intention to cancel the contract, ii. that the consumer may give notice of the cancellation at the postal address or the electronic mail address that must be included in the form, iii. that the consumer may reach the retailer of electricity or gas marketer by telephone at the toll-free telephone number that must be included in the form, iv. that, in the absence of its cancellation by the consumer, the retailer of electricity or gas marketer will renew or extend the contract without any changes, other than the changes described, in not less than 12 point type, on the form, to the terms of the contract and the price for the provision of electricity or gas. 3. The contract is renewed or extended for a period of no more than one year if the retailer of electricity or gas marketer complies with paragraphs 1 and 2 and the consumer does not give written notice of cancellation of the contract under subparagraph 1 vii. 4. Despite the renewal or extension of the contract under paragraph 3, a consumer may give written notice of cancellation of the contract within 35 days after the day on which the first bill under the renewed or extended contract is sent. 5. In the case of a contract for the provision of electricity, a renewal or extension of the contract is void unless the consumer specifically acknowledges in writing that the consumer has read the information referred to in subparagraph 1 iv. O. Reg. 194/03, s. 2 (4); O. Reg. 261/03, s. 1 (1, 2); O. Reg. 330/03, s. 2. (2.2) Where notice is given under subsection (2.1) other than by personal service, it shall be deemed to have been given when sent. O. Reg. 194/03, s. 2 (4). (3) Subject to subsection (5), notice under paragraph 5 or 6 of subsection (2) may be given by any means. O. Reg. 200/02, s. 6 (3). (4) Where notice is given under paragraph 5 or 6 of subsection (2) other than by personal service, it shall be deemed to have been given when sent. O. Reg. 200/02, s. 6 (4). (5) Despite the Electronic Commerce Act, 2000, notice under paragraph 5 or 6 of subsection (2) may not be given by telephone unless a voice recording of the telephone notice is made and, on request, is given to the consumer. O. Reg. 200/02, s. 6 (5). (5.1) Subject to subsection (5.3), an acknowledgement under paragraph 5.1 of subsection (2) may be given by any means. O. Reg. 340/02, s. 2 (5). (5.2) Where an acknowledgement is given under paragraph 5.1 of subsection (2) other than by personal service, it shall be deemed to have been given when sent. O. Reg. 340/02, s. 2 (5). (5.3) Despite the Electronic Commerce Act, 2000, an acknowledgement under paragraph 5.1 of subsection (2) and paragraph 5 of subsection (2.1) may not be given by telephone unless a voice recording of the telephone acknowledgment is made and, on request, is given to the consumer. O. Reg. 261/03, s. 1 (3). (6) Nothing in this section prevents a new contract from being entered into in accordance with the Act. O. Reg. 200/02, s. 6 (6).