jswizzle3737/ontario_laws_and_regs huggingface dataset:
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. 2013, c. 8, s. 1.
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”) 2013, c. 8, s. 2.
3 (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. 2013, c. 8, s. 3 (1). 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). 2013, c. 8, s. 3 (2). 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. 2013, c. 8, s. 3 (3). 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. 2013, c. 8, s. 3 (4). 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. 2013, c. 8, s. 3 (5). 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. 2013, c. 8, s. 3 (6).
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. 2013, c. 8, s. 4.
5 (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. 2013, c. 8, s. 5 (1). 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. 2013, c. 8, s. 5 (2). Conflict (3) In the event of a conflict between this Act and the Consumer Protection Act, 2002, this Act prevails. 2013, c. 8, s. 5 (3).
6 (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. 2013, c. 8, s. 6 (1). 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. 2013, c. 8, s. 6 (2). Consumer Rights
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. 2013, c. 8, s. 7.
8 (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, Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) comes into force. (See: 2013, c. 8, s. 23) (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. 2013, c. 8, s. 8 (1). Prominence (2) The supplier shall ensure that the all-inclusive cost is the most prominent cost information on the advertising. 2013, c. 8, s. 8 (2). 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. 2013, c. 8, s. 8 (3).
9 (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. 2013, c. 8, s. 9 (1). No 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. 2013, c. 8, s. 9 (2). Improper agreements (3) If a supplier enters into a wireless agreement with a consumer that is contrary to subsection (2), the agreement is void. 2013, c. 8, s. 9 (3).
11 (1) A consumer under a wireless agreement may cancel it within one year after entering into the agreement if the agreement does not meet the requirements of subsection 10 (1) or if the supplier does not comply with subsection 10 (2). 2013, c. 8, s. 11 (1). Notice of cancellation (2) To exercise the right described in subsection (1), the consumer shall give notice to the supplier. 2013, c. 8, s. 11 (2). Time of cancellation (3) If a consumer cancels a wireless agreement under this section, then subject to subsection (5), the cancellation takes effect when the consumer gives the notice mentioned in subsection (2). 2013, c. 8, s. 11 (3). Return of goods (4) If the consumer received goods from the supplier, either free of charge or at a discount, in connection with the wireless agreement, the supplier may, within 15 days of receiving the notice of cancellation from the consumer, require that the consumer return the goods to the supplier. 2013, c. 8, s. 11 (4). Time of cancellation (5) If the supplier requires the consumer to return goods under subsection (4), the cancellation is not effective until the time that the consumer returns the goods unless otherwise prescribed. 2013, c. 8, s. 11 (5). Effect of cancellation (6) If a cancellation of a wireless agreement made under this section has taken effect, the agreement is void and the supplier shall not demand, request or accept payment for services provided to the consumer under the agreement. 2013, c. 8, s. 11 (6). Same (7) If a cancellation of a wireless agreement made under this section has taken effect, the agreement is void and the supplier shall refund to the consumer all amounts paid under the agreement within 15 days of the time that the cancellation takes effect and calculated, if applicable, as specified by the regulations made under this Act. 2013, c. 8, s. 11 (7).
12 (1) A supplier under a wireless agreement shall not demand, request or accept payment for the services that the consumer does not receive under the agreement if, (a) the supplier has provided goods to the consumer in connection with the agreement; (b) the goods are necessary for the consumer to receive the services and are under warranty; (c) the consumer has returned the goods for repair or replacement in accordance with the warranty; and (d) the supplier has neither provided a replacement to the consumer free of charge for the goods, nor returned the goods to the consumer once they have been repaired or replaced. 2013, c. 8, s. 12 (1). Same, lost or stolen goods (2) If a consumer under a wireless agreement has notified the supplier that the goods necessary for the consumer to receive the services under the agreement have been lost or stolen and has provided the supplier with all details about the loss or theft that the supplier reasonably requires, the supplier shall not demand, request or accept payment of costs under the agreement that exceed the minimum cost and the harmonized sales tax payable under Part IX of the Excise Tax Act
(Canada) with respect to the minimum cost until the lost or stolen goods have been replaced. 2013, c. 8, s. 12 (2). No unilateral amendment by supplier
14 (1) Subject to subsection (2), no supplier under a wireless agreement shall renew or extend the agreement unless the consumer agrees to the renewal or extension explicitly and not merely by implication. 2013, c. 8, s. 14 (1). Automatic renewal or extension (2) A wireless agreement that is for a fixed term is automatically renewed or extended at the end of the term if the agreement so provides and the consumer does not notify the supplier, in accordance with the agreement, that he or she is cancelling the agreement at the end of the term. 2013, c. 8, s. 14 (2). New agreement (3) A wireless agreement that is renewed or extended shall constitute a new wireless agreement and is subject to the requirements that apply to entering into a wireless agreement, including those in sections 9 and 10. 2013, c. 8, s. 14 (3). Automatic renewal or extension (4) A wireless agreement that is automatically renewed or extended under subsection (2) shall become a wireless agreement on a monthly basis, but otherwise shall contain the same terms and conditions that were in it immediately before the renewal or extension. 2013, c. 8, s. 14 (4). Improper renewal or extension (5) If a supplier purports to renew or extend a wireless agreement contrary to this Act and the regulations made under it, the renewal or extension is void. 2013, c. 8, s. 14 (5).
15 If a wireless agreement has been amended, renewed or extended contrary to this Act and the regulations made under it, the supplier shall immediately refund to the consumer all payments that the supplier has accepted or otherwise received from the consumer in respect of the improper amendment, renewal or extension. 2013, c. 8, s. 15.
17 (1) A consumer may commence an action in the Superior Court of Justice if, (a) one of the following conditions applies: (i) the consumer cancels a wireless agreement under section 11 or 16, (ii) the consumer has made one or more payments under a wireless agreement if the agreement has been improperly amended, renewed or extended or if the supplier is not entitled to the payments under this Act or the regulations made under it; and (b) the consumer has not received all of the required refund of payments from the supplier and has provided a demand for the amount owing. 2013, c. 8, s. 17 (1). Amount of claim (2) The amount that the consumer is entitled to claim in an action mentioned in subsection (1) shall be three times the part of the required refund that the consumer has not received. 2013, c. 8, s. 17 (2). Exemplary or punitive damages (3) In addition to making an order in an action mentioned in subsection (1), the court may order exemplary or punitive damages or whatever other relief that the court considers proper. 2013, c. 8, s. 17 (3).
18 (1) If a consumer under a wireless agreement cancels the agreement in accordance with this Act and the regulations made under it, the supplier shall return to the consumer the security deposit, if any, paid by the consumer, less the amounts, if any, that the supplier has used to pay outstanding amounts due under the agreement, if the agreement authorizes the supplier to make that use. 2013, c. 8, s. 18 (1). Interest (2) The amount that the supplier is required to return to the consumer under subsection (1) shall include interest at the rate specified in a Minister’s regulation, if any, made under subsection (3). 2013, c. 8, s. 18 (2). Minister’s regulations (3) The Minister may make regulations for the purposes of subsection (2). 2013, c. 8, s. 18 (3).
19 (1) If a consumer under a wireless agreement has paid a security deposit under the agreement, the supplier shall not cancel the agreement for failure to pay outstanding amounts under the agreement when they become due if they do not exceed the amount of the deposit. 2013, c. 8, s. 19 (1). Notice of use of security deposit (2) If the supplier uses all or part of a security deposit paid under the agreement to satisfy amounts that the consumer does not pay when they become due, the supplier shall notify the consumer in writing when so using the deposit. 2013, c. 8, s. 19 (2).
20 (1) If a wireless agreement entitles a supplier to cancel the agreement and the supplier cancels the agreement, the supplier shall not charge the consumer, in respect of the cancellation, an amount in excess of the cancellation fee that the supplier would be entitled to charge under subsection 16 (5), (6) or (7) as applicable if the consumer had cancelled the agreement. 2013, c. 8, s. 20 (1). Right of action if no refund (2) Section 17 applies with necessary modifications to any refund owing to a consumer by reason of a cancellation of the agreement by the supplier. 2013, c. 8, s. 20 (2). General
21 (1) A person is guilty of an offence if the person, (a) contravenes or fails to comply with section 7, subsection 8 (1), (2) or (3), 9 (1) or (2), 10 (1) or (2), 11 (6) or (7) or 12 (1) or (2), 13 (1), (5) or (6) or 14 (1), section 15 or subsection 16 (4) or (8), 18 (1), 19 (1) or (2) or 20 (1); or (b) contravenes or fails to comply with a provision of a regulation made under this Act that the regulation specifies is an offence. 2013, c. 8, s. 21 (1). Corporation (2) An officer or director of a corporation is guilty of an offence if he or she fails to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1). 2013, c. 8, s. 21 (2). Attempt (3) Any person who attempts to commit any offence mentioned in subsection (1) is guilty of an offence. 2013, c. 8, s. 21 (3). Penalties (4) An individual who is convicted of an offence under this Act is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or both, and a corporation that is convicted of an offence under this Act is liable to a fine of not more than $250,000. 2013, c. 8, s. 21 (4). Limitation (5) No proceeding under this section shall be commenced more than two years after the facts upon which the proceeding is based first came to the knowledge of the Director as defined in the Ministry of Consumer and Business Services Act. 2013, c. 8, s. 21 (5).