Bill 59, lovingly called the “Putting Consumers First Act (Consumer Protection Statute Law Amendment)” will make some sweeping changes to the Consumer Protection Act of Ontario on March 1st, 2018.
A quick summary of the Ontario Consumer Protection Act
The Consumer Protection Act covers most common consumer transactions and provides specific rules and regulation that protects a consumer against unfair business practices. Some examples include:
- Providing a cooling-off period that allows you to cancel some agreement without reason or penalty
- Providing specific rules with regarding misrepresentation to what product or services that a business offers.
- Providing specific requirements for towing and storages services, car repairs, and credit agreements.
Ontario Door-to-Door Sales Ban
On March 1, 2018, the amendments contained in Bill 59 that speak to door-to-door sales will come into effect.
Most importantly, the amendments will prohibit some suppliers (the person selling you something) from soliciting or entering into agreements at the customer’s home, unless the customer has specifically requested for the supplier to attend.
What does that mean for the supplier?
If you are in the business of selling heating, ventilation, and air conditioning (HVAC) goods and services, like water heaters, furnaces, and air conditioner units, you can no longer arrive at your target customer’s home unrequested to sell or offer your services in person.
Leaving marketing materials at the customer’s home is not considered to be “solicitation” and is currently still an acceptable practice.
2. What does that mean for the consumer?
If, after March 1, 2018, you are a customer that entered into an agreement with a supplier at your home without sending an initial request, the agreement that you have entered into is considered to be void. Any related agreements with the supplier, such as guarantees, security agreements, and credit agreements provided by the consumer will also be considered to be void.
As such, you may be able to return all the goods you accepted from the supplier and ask the supplier to reimburse you for all the charges you have incurred from the solicited agreement.
If you feel like you have been unfairly treated by a business and are looking for legal options, the lawyers at Erudite Law LLP may be able to help. Please drop us a line at https://eruditelaw.com/#contact. We look forward to hearing from you!
By: Jimmie Z. Chen