Unfair practice
 5. Each of the following acts or omissions of a supplier is prescribed as an unfair practice with respect to a consumer: 1.  Knowingly making a false or misleading statement to the consumer, either directly or by way of an advertisement or other publicly released statement, including, but not limited to, a false or misleading statement relating to one or more of the following: i.  The provisions of a contract. ii.  The quality or another characteristic of electricity or gas provided or to be provided by the supplier or another supplier. iii.  The status of the supplier or another supplier or the relationship between the supplier and another person or between another supplier and another person. iv.  A benefit to be received by the consumer that arises from the status of the supplier or the relationship between the supplier and another person. iv.1  The requirements to qualify for any financial or other assistance from the Government of Ontario or otherwise, including whether the consumer is entitled or may be entitled to the assistance, A.  if the consumer enters into a contract with the supplier or does not enter into a contract with the supplier, or B.  if the consumer has any other type of relationship with the supplier or does not have any other type of relationship with the supplier. v.  The amount of, or the method of calculating, A.  the contract price or any component of the contract price, if the contract price is made up of more than one component, B.  any of the additional energy charges, or C.  any financial or other assistance from the Government of Ontario or otherwise to which the consumer is or may be entitled. vi.  The fact that any of the additional energy charges are payable by the consumer in addition to the contract price. vii.  Differences in contract prices or additional energy charges by different suppliers or energy distributors. viii.  A price or financial advantage from entering into a contract with the supplier or a cost saving or the amount of a cost saving if the consumer purchases electricity or gas from the supplier instead of another supplier or an energy distributor. ix.  The period of time during which a contract for the provision of electricity or gas at a specified contract price may be entered into or any period of time to which a specified contract price applies. x.  The consequences if the consumer does not enter into, verify, agree to amend, renew or extend the term of a contract. xi.  The consumer’s rights under any Act or regulation. 2.  Taking an unconscionable action with respect to the consumer. 3.  Failing to disclose information about the products, services or business of the supplier if the failure misleads or can reasonably be expected to mislead the consumer in a way that influences his or her decision to enter into, verify, agree to amend, renew, extend the term of or cancel a contract with the supplier. 3.1  Failing to disclose, in accordance with any code, order or rule issued or made by the Board, any of the following with respect to an associated agreement: i.  The name and contact information of any other parties to the associated agreement. ii.  Whether the associated agreement is a lease, financing, hosting, licensing or other arrangement. iii.  The term of the associated agreement. iv.  The date on which the associated agreement begins to apply to the consumer. v.  For the associated renewable energy generation facility, the rated maximum output capacity as stated on the nameplate of the machinery or equipment that is used to produce electricity. vi.  Any insurance or warranty rights or obligations, including any obligation to pay a deductible, related to the equipment, systems and technologies and any limitations or exclusions in respect of coverage. vii.  The terms of payment, including any terms related to deposits, interest or any other financial or legal obligations under the associated agreement that affect the terms of payment. viii.  Any options or obligations to purchase the renewable energy generation facility or related equipment during or at the end of the term, including any relevant dates and costs associated with the options or obligations. ix.  Any other costs for which the consumer will be responsible, including costs related to administration and account billing, insurance or warranty rights, leasing, rental, installation, connection, ongoing operation, maintenance and removal of equipment. x.  Any right to terminate, suspend, amend, extend or renew the associated agreement. xi.  Any penalties under the associated agreement and the circumstances in which the consumer would be liable to pay the penalties. xii.  Any right to transfer or assign the associated agreement. xiii.  Any authority to put a lien on the consumer’s property and the circumstances that would give rise to such a right. xiv.  Any maintenance and operation obligations the consumer has with respect to the associated renewable energy generation facility. xv.  An estimate of the annual energy production of the associated renewable energy generation facility measured in kilowatt hours. xvi.  An estimate of the annual electricity cost savings to the customer under the associated agreement. 3.2  Charging more for the removal of an associated renewable energy generation facility than the amount for removal set out in the associated agreement. 4.  When making a statement to the consumer about the contract price, whether directly or by way of an advertisement or other publicly released statement, failing to make clear that additional energy charges would be payable by the consumer if he or she enters into the contract. 5.  When making a statement to the consumer about the contract price in relation to the price charged by an energy distributor or another supplier, whether the statement is made directly or by way of an advertisement or other publicly released statement, i.  failing to make clear that the additional energy charges are not included in the contract price and would be payable by the consumer if he or she enters into the contract, or ii.  failing to make clear that those additional energy charges are included in the price charged by the energy distributor. 6.  If a person acting on behalf of a supplier calls on a consumer in person, the failure by that person, i.  to prominently display a valid identification badge in accordance with the conditions of the supplier’s licence, the regulations made under the Ontario Energy Board Act, 1998 and any code, order or rule issued or made by the Board, ii.  to offer to the consumer a business card that complies with the conditions of the supplier’s licence, the regulations made under the Ontario Energy Board Act, 1998 and any code, order or rule issued or made by the Board, or iii.  to give to the consumer, at the consumer’s request, a text-based copy of any document that is presented to but not signed by the consumer unless clause 5.1 (2) (d) or (e) applies with respect to the document. 7.  If a person acting on behalf of the supplier enters into a contract in person with the consumer, the failure by that person to give the consumer, i.  a text-based copy of the contract, including the disclosure statement, before the consumer enters into the contract, irrespective of whether the consumer requests a copy, or ii.  a text-based copy of the signed contract, including the disclosure statement, immediately after the consumer has entered into the contract, irrespective of whether the consumer requests a copy. 8.  Entering into, verifying, amending, renewing, extending the term of or cancelling a contract with anyone other than a person who, at that time, is or will be the account holder or the account holder’s agent in respect of the residence or premises to which the contract applies. 9.  Entering into a contract with the consumer if the contract does not satisfy the requirements prescribed under this Part. 10.  Taking any action intended to verify, amend, renew or extend the term of a contract, with or without the consent of the consumer, except in accordance with the Act, the regulations and any applicable code, order or rule issued or made by the Board. 11.  Structuring the contract price or the billing or payment arrangements for a contract in such a manner that a reasonable person could be misled with respect to, i.  the cost of the contract, or ii.  the cost of the contract over any period during the term of the contract or, if the contract is renewed or extended, during any period in the term of the renewed or extended contract. 12.  Directing an energy distributor to provide electricity or gas to the consumer under a contract if the contract has not been verified. 13.  Failing to comply with the requirements relating to disclosure obligations or disclosure statements in the Act and the regulations and under any code, order or rule issued or made by the Board. 14.  Failing to comply with any applicable code, order or rule issued or made by the Board, including but not limited to the Fair Marketing Practices set out in the Electricity Retailer Code of Conduct or the Code of Conduct for Gas Marketers issued by the Board. 15.  Requiring at any time, including upon the cancellation of a contract by the consumer, the return or repayment of, i.  a gift card, gift certificate or other financial incentive of any kind that has been provided by the supplier to the consumer, or ii.  any equipment, product or service that has been provided by the supplier to the consumer, except in the case of anything provided under an associated agreement. O. Reg. 241/16, s. 2; O. Reg. 387/22, s. 3. Door-to-Door Advertising and Marketing