Unfair practices
2. (1) The following acts or omissions of a retailer of electricity or gas marketer are unfair practices for the purposes of Part V.1 of the Act: 1. Making any false, misleading or deceptive statement to the public or to any consumer, including but not limited to a false, misleading or deceptive statement relating to the following: i. The terms and conditions of any contract. ii. The quality or other characteristics of any electricity or gas provided by any retailer of electricity or gas marketer. iii. The status of any retailer of electricity or gas marketer or the business relationship, affiliation or connection between any retailer of electricity or gas marketer and any other person. iv. Benefits to the consumer arising from the status of any retailer of electricity or gas marketer or the business relationship, affiliation or connection between any retailer of electricity or gas marketer and any other person. v. The rate for the distribution of electricity or gas or the total price of electricity or gas. vi. The difference between any price charged for the provision of electricity or gas by any retailer of electricity or gas marketer, including a distributor, and any price charged by any other retailer of electricity or gas marketer, including a distributor. vii. The amount of money to be saved by a consumer, expressed in any manner, if a consumer chooses one retailer of electricity or gas marketer, including a distributor, over any other entity selling electricity or gas. viii. The period of time during which a consumer may enter into a contract for the provision of electricity or gas at a specified price. ix. The consequences if the consumer does not enter into or reaffirm a contract with the retailer of electricity or gas marketer. 2. Failing to disclose information about the products, services, or business of a retailer of electricity or a gas marketer, if, i. the failure has the effect of deceiving or misleading a consumer, or ii. the retailer of electricity or gas marketer knows or ought to know that the failure has the capacity or tendency to deceive or mislead a consumer. 2.1 Failing, before entering into, renewing or extending a contract for the provision of electricity, to give the consumer a written notice, in not less than 12 point bold type, that states, i. the price that would be payable by the consumer for the provision of electricity if the consumer enters into, renews or extends the contract, expressed per kilowatt hour of electricity, and ii. the price that would be payable by the consumer if the consumer does not enter into, renew or extend the contract but purchases electricity directly from the consumer’s local electricity distributor, expressed per kilowatt hour of electricity. 2.2 Structuring the billing arrangements in a contract that is renewed or extended for a period of one year or less in a fashion that misleads or deceives the consumer in respect of the monthly costs of the renewed or extended contract during the period when the consumer may cancel the renewed or extended contract. 3. Asking a distributor to provide electricity or gas under a contract between a consumer and the retailer of electricity or gas marketer, if the contract is not signed by the consumer or is otherwise not valid. 4. Failing to comply with the Fair Marketing Practices set out in the Electricity Retailer Code of Conduct or the Code of Conduct for Gas Marketers approved by the Board. 5. If a person acting on behalf of the retailer of electricity or gas marketer negotiates or concludes a contract in person with another person at a direct sales location, i. failing, at the time of negotiating or concluding the contract, to give the other person a written copy of any document that is presented to the other person and is signed by the other person, ii. failing, at the time of negotiating or concluding the contract, to give the other person a written copy of any document that is presented to the other person but is not signed by the other person, if the other person requests a copy, or iii. on or after August 1, 2002, failing, at the time of negotiating or concluding the contract, to give the other person a business card that, A. identifies the person acting on behalf of the retailer of electricity or gas marketer, B. identifies the retailer of electricity or gas marketer, C. includes the number of the electricity retailer’s licence or gas marketer’s licence issued under the Act to the retailer of electricity or gas marketer, and D. includes the telephone number of the retailer of electricity or gas marketer. 6. Despite the terms of any contract and subject to the rules for an extension or renewal of a contract for a period of one year or less provided in subsection 6 (2.1), amending any term of a contract for the provision of electricity or gas to a consumer without the express written consent of the consumer given not more than one month before the amendment is made. 7. Any act or omission that is an unfair practice under Part III of the Consumer Protection Act, 2002. O. Reg. 200/02, s. 2 (1); O. Reg. 340/02, s. 1; O. Reg. 194/03, s. 1; O. Reg. 25/05, s. 1. (2) In paragraph 5 of subsection (1), “direct sales location” means any place other than, (a) the place of business of the retailer of electricity or gas marketer, (b) a market place, (c) an auction, (d) a trade fair, (e) an agricultural fair, or (f) an exhibition. O. Reg. 200/02, s. 2 (2).