jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Act, “business premises” does not include a dwelling; (“locaux commerciaux”) “consumer” means a natural person but does not include a natural person, partnership or association of individuals acting in the course of carrying on business; (“consommateur”) “consumer representation” means a representation, statement, offer, request or proposal, (a) made respecting or with a view to the supplying of goods or services, or both, to a consumer, or (b) made for the purpose of or with a view to receiving consideration for goods or services, or both, supplied or purporting to have been supplied to a consumer; (“assertion relative au consommateur”) “Director” means the Director under the Ministry of Consumer and Business Services Act; (“directeur”) “dwelling” means a premises or any part thereof occupied as living accommodation; (“logement”) “goods” means chattels personal or any right or interest therein other than things in action and money, including chattels that become fixtures but not including securities as defined in the Securities Act; (“biens”) “Minister” means the Minister of Consumer and Business Services; (“ministre”) “regulations” means the regulations made under this Act; (“règlements”) “services” means services, (a) provided in respect of goods or of real property, or (b) provided for social, recreational or self-improvement purposes, or (c) that are in their nature instructional or educational; (“services”) “Tribunal” means the Licence Appeal Tribunal. (“Tribunal”) R.S.O. 1990, c. B.18, s. 1; 1999, c. 12, Sched. G, s. 14 (1); 2001, c. 9, Sched. D, s. 13.
Unfair practices prohibited
3. (1) No person shall engage in an unfair practice. R.S.O. 1990, c. B.18, s. 3 (1). One act deemed practice (2) A person who performs one act referred to in section 2 shall be deemed to be engaging in an unfair practice. R.S.O. 1990, c. B.18, s. 3 (2).
Rescission
4. (1) Subject to subsection (2), any agreement, whether written, oral or implied, entered into by a consumer after a consumer representation that is an unfair practice and that induced the consumer to enter into the agreement, (a) may be rescinded by the consumer and the consumer is entitled to any remedy therefor that is at law available, including damages; or (b) where rescission is not possible because restitution is no longer possible, or because rescission would deprive a third party of a right in the subject-matter of the agreement that the third party has acquired in good faith and for value, the consumer is entitled to recover the amount by which the amount paid under the agreement exceeds the fair value of the goods or services received under the agreement or damages, or both. R.S.O. 1990, c. B.18, s. 4 (1). Exemplary damages (2) Where the unfair practice referred to in subsection (1) comes within paragraph 2 of section 2, the court may award exemplary or punitive damages. R.S.O. 1990, c. B.18, s. 4 (2). Liability (3) Each person who makes the consumer representation referred to in subsection (1) is liable jointly and severally with the person who entered into the agreement with the consumer for any amount that the consumer is entitled to under subsections (1) and (2). R.S.O. 1990, c. B.18, s. 4 (3). Liability of assignee (4) Despite subsection 31 (2) of the Consumer Protection Act, the liability of an assignee of an agreement under subsection (1) or of any right to payment thereunder is limited to the amount paid to the assignee under the agreement. R.S.O. 1990, c. B.18, s. 4 (4). Time for rescission (5) A remedy conferred by subsection (1) may be claimed by the giving of notice of the claim by the consumer in writing to each other party to the agreement within six months after the agreement is entered into. R.S.O. 1990, c. B.18, s. 4 (5). Delivery of notice (6) A notice under subsection (5) may be delivered personally or sent by registered mail addressed to the person to whom delivery is required to be made, and delivery by registered mail shall be deemed to have been made at the time of mailing. R.S.O. 1990, c. B.18, s. 4 (6). Evidence (7) In the trial of an issue under subsection (1), oral evidence respecting an unfair practice is admissible despite the fact that there is a written agreement and despite the fact that the evidence pertains to a representation of a term, condition or undertaking that is or is not provided for in the agreement. R.S.O. 1990, c. B.18, s. 4 (7). Application (8) This section applies despite any agreement or waiver to the contrary. R.S.O. 1990, c. B.18, s. 4 (8). Advertisers excepted from subs. (3) (9) Subsection (3) does not apply to a person who, on behalf of another person, prints, publishes, distributes, broadcasts or telecasts a representation or an advertisement that the person accepts in good faith for printing, publishing, distributing, broadcasting or telecasting in the ordinary course of business. R.S.O. 1990, c. B.18, s. 4 (9).
Duties of Director
5. The Director shall, (a) perform such duties and exercise such powers as are given to or conferred upon the Director under this or any other Act; (b) receive and act on or mediate complaints respecting unfair practices; (c) maintain available for public inspection a record of, (i) assurances of voluntary compliance entered into under this Act, (ii) orders to cease engaging in unfair practices issued under this Act. R.S.O. 1990, c. B.18, s. 5.
Order to cease unfair practice
6. (1) Where the Director believes on reasonable and probable grounds that any person is engaging or has engaged in an unfair practice, the Director may order such person to comply with section 3 in respect of the unfair practice specified in the order. R.S.O. 1990, c. B.18, s. 6 (1). Notice of proposal (2) Where the Director proposes to make an order under subsection (1), the Director shall serve notice of the proposal on each person to be named in the order together with written reasons therefor. R.S.O. 1990, c. B.18, s. 6 (2). Request for hearing (3) A notice under subsection (2) shall inform each person to be named in the order that the person is entitled to a hearing by the Tribunal if he, she or it mails or delivers within fifteen days after the notice under subsection (2) is served notice in writing requiring a hearing to the Director and the Tribunal and the person may so require such a hearing. R.S.O. 1990, c. B.18, s. 6 (3). Failure to request hearing (4) Where a person upon whom a notice is served under subsection (2) does not require a hearing by the Tribunal in accordance with subsection (3), the Director may carry out the proposal stated in the notice. R.S.O. 1990, c. B.18, s. 6 (4). Hearing (5) Where a person requires a hearing by the Tribunal in accordance with subsection (3), the Tribunal shall appoint a time for and hold the hearing and, on the application of the Director at the hearing, may by order direct the Director to carry out the proposal or to refrain from carrying out the proposal and to take such action as the Tribunal considers the Director ought to take in accordance with this Act and the regulations and for such purposes the Tribunal may substitute its opinion for that of the Director. R.S.O. 1990, c. B.18, s. 6 (5). Conditions (6) The Tribunal may attach such terms and conditions to its order as it considers proper to give effect to the purposes of this Act. R.S.O. 1990, c. B.18, s. 6 (6). Parties (7) The Director and the person who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section. R.S.O. 1990, c. B.18, s. 6 (7).
Order for immediate compliance
7. (1) Despite section 6, the Director may make an order under subsection 6 (1) to take effect immediately where, in the Director’s opinion, to do so is necessary for the protection of the public and, subject to subsections (3) and (4), the order takes effect immediately. R.S.O. 1990, c. B.18, s. 7 (1). Notice of order (2) Where the Director makes an order under subsection (1), he or she shall serve each person named in the order with a copy of the order together with written reasons therefor and a notice containing the information required to be in a notice referred to in subsections 6 (2) and (3). R.S.O. 1990, c. B.18, s. 7 (2). Hearing (3) Where a person named in the order requires a hearing by the Tribunal in accordance with the notice under subsection (2), the Tribunal shall appoint a time for and hold the hearing and may confirm or set aside the order or exercise such other powers as may be exercised in a proceeding under section 6. R.S.O. 1990, c. B.18, s. 7 (3). Expiration of order (4) Where a hearing by the Tribunal is required, the order expires fifteen days after the giving of the notice requiring the hearing but, where the hearing is commenced before the expiration of the order, the Tribunal may extend the time of expiration until the hearing is concluded. R.S.O. 1990, c. B.18, s. 7 (4). Parties (5) The Director and the person who has required the hearing and such other persons having a direct interest in the order as the Tribunal may specify are parties to proceedings before the Tribunal under this section. R.S.O. 1990, c. B.18, s. 7 (5).
Appeal
8. Even if, under section 11 of the Licence Appeal Tribunal Act, 1999, a party to a proceeding before the Tribunal appeals an order of the Tribunal made under section 6 or 7, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal. 1999, c. 12, Sched. G, s. 14 (2).
Assurance of voluntary compliance
9. (1) Any person against whom the Director proposes to make an order to comply with section 3 may enter into a written assurance of voluntary compliance in the prescribed form undertaking to not engage in the specified unfair practices after the date thereof. R.S.O. 1990, c. B.18, s. 9 (1). Assurance deemed order (2) Where an assurance of voluntary compliance is accepted by the Director, the assurance has and shall be given for all purposes of this Act the force and effect of an order made by the Director. R.S.O. 1990, c. B.18, s. 9 (2). Undertakings (3) An assurance of voluntary compliance may include such undertakings as are acceptable to the Director and the Director may receive a bond and collateral therefor as security for the reimbursement of consumers and reimbursement of the Treasurer of Ontario for investigation and other costs in such amount as is satisfactory to the Director. R.S.O. 1990, c. B.18, s. 9 (3).
Investigations by order of Minister
10. The Minister may by order appoint a person to make an investigation into any matter to which this Act applies as may be specified in the Minister’s order and the person appointed shall report the result of the investigation to the Minister and, for the purposes of the investigation, the person making it has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such investigation as if it were an inquiry under that Act. R.S.O. 1990, c. B.18, s. 10.
Service of notice
13. Any notice or document required by this Act to be served or given may be served or given personally or by registered mail addressed to the person to whom notice is to be given at the person’s last known address and, where notice is served or given by mail, the service shall be deemed to have been made on the fifth day after the day of mailing unless the person to whom notice is given establishes that, acting in good faith, through absence, accident, illness or other cause beyond his, her or its control the notice was not received or it was not received until a later date. R.S.O. 1990, c. B.18, s. 13.
Matters confidential
14. (1) Every person employed in the administration of this Act, including any person making an inquiry, inspection or an investigation under section 10 or 11 shall preserve secrecy in respect of all matters that come to his or her knowledge in the course of his or her duties, employment, inquiry, inspection or investigation and shall not communicate any such matters to any other person except, (a) as may be required in connection with the administration of this Act and the regulations or any proceedings under this Act or the regulations; (b) to his or her counsel or to the court in any proceeding under this Act or the regulations; (c) to inform the consumer involved of an unfair practice and of any information relevant to the consumer’s rights under this Act; or (d) with the consent of the person to whom the information relates. R.S.O. 1990, c. B.18, s. 14 (1). Testimony in civil suit (2) No person to whom subsection (1) applies shall be required to give testimony in any civil suit or proceeding with regard to information obtained by the person in the course of his or her duties, employment, inquiry, inspection or investigation except in a proceeding under this Act or the regulations. R.S.O. 1990, c. B.18, s. 14 (2).
Certificate of Director as evidence
15. A copy of an order or assurance of voluntary compliance purporting to be certified by the Director is, without proof of the office or signature of the Director, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein for all purposes in any action, proceeding or prosecution. R.S.O. 1990, c. B.18, s. 15.
Power of Minister
15.1 The Minister may by order require the payment of fees for the inspection of public records maintained under section 5 of the Act and may approve the amount of those fees. 1998, c. 18, Sched. E, s. 40.
Regulations
16. (1) The Lieutenant Governor in Council may make regulations, (a) requiring persons engaging in a business that includes consumer representations or any class of them to make such returns and furnish such information to the Director as is prescribed; (b) requiring any information required or permitted to be furnished to the Director or contained in any form or return to be verified by affidavit; (c) subject to subsection (2), adding to the consumer representations that are deemed to be unfair practices under paragraph 1 of section 2; (d) exempting any class of person or type of consumer from this Act or the regulations or any provision thereof; (e) Repealed: 1998, c. 18, Sched. E, s. 41 (1). (f) prescribing forms for the purposes of this Act and providing for their use; (g) prescribing the form, terms and collateral security for bonds given with assurances of voluntary compliance and providing for the forfeiture of bonds and the disposition of the proceeds. R.S.O. 1990, c. B.18, s. 16 (1); 1998, c. 18, Sched. E, s. 41 (1). Note: Despite the repeal of clause (e) by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 41 (1), regulations made under clause (e), as that clause read immediately before December 18, 1998, continue until the Minister makes an order under section 15.1 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 40, that is inconsistent with those regulations. See: 1998, c. 18, Sched. E, s. 41 (2). Note: Despite the repeal of clause (e) by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 41 (1), the Lieutenant Governor in Council may by regulation revoke regulations made under clause (e), as that clause read immediately before December 18, 1998, if the Minister makes an order under section 15.1 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 40, that is inconsistent with those regulations. See: 1998, c. 18, Sched. E, s. 41 (3). Regulation re additional unfair practices (2) A regulation under clause (1) (c) may be made when the Assembly is recessed or not in session and expires with the prorogation of the resumed session or of the next ensuing session, as the case may be. R.S.O. 1990, c. B.18, s. 16 (2).
Offences
17. (1) Every person who, knowingly, (a) furnishes false information in an investigation under this Act; (b) contravenes a regulation; (c) fails to comply with any order or assurance of voluntary compliance made or entered into under this Act; or (d) obstructs a person making an investigation under section 10 or 11, is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both. R.S.O. 1990, c. B.18, s. 17 (1). Idem (2) Every person who engages in an unfair practice other than an unfair practice prescribed by a regulation made under clause 16 (1) (c), knowing it to be an unfair practice is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both. R.S.O. 1990, c. B.18, s. 17 (2). Corporation (3) Where a corporation is convicted of an offence under subsection (1) or (2), the maximum penalty that may be imposed upon the corporation is $100,000 and not as provided therein. R.S.O. 1990, c. B.18, s. 17 (3). Directors and officers (4) Where a corporation has been convicted of an offence under subsection (1) or (2), (a) each director of the corporation; and (b) each officer, servant or agent of the corporation who was in whole or in part responsible for the conduct of that part of the business of the corporation that gave rise to the offence, is a party to the offence unless the director, officer, servant or agent satisfies the court that he, she or it did not authorize, permit or acquiesce in the offence. R.S.O. 1990, c. B.18, s. 17 (4). Limitation period (5) No proceeding under this section shall be commenced more than two years after the time when the subject-matter of the proceeding arose. R.S.O. 1990, c. B.18, s. 17 (5). Exemption re advertisements (6) A representation or advertisement printed, published, distributed, broadcast or telecast by a person on behalf of another in the ordinary course of business under circumstances that are not a contravention of subsection (2) shall not be deemed to be an unfair practice for the purposes of section 3, but this subsection shall not be applied to affect the application of section 6 to the representation. R.S.O. 1990, c. B.18, s. 17 (6). ______________ Français