O. Reg. 340/02: CONSUMER PROTECTION

 

ontario regulation 340/02

made under the

ontario energy board act, 1998

Made: December 10, 2002
Filed: December 10, 2002
Printed in The Ontario Gazette: December 28, 2002

Amending O. Reg. 200/02

(Consumer Protection)

1. Subsection 2 (1) of Ontario Regulation 200/02 is amended by adding the following paragraph:

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. (1) Paragraph 1 of subsection 6 (2) of the Regulation is amended by striking out “an renewal or extension form” at the end and substituting “a renewal or extension form”.

(2) Paragraph 2 of subsection 6 (2) of the Regulation is amended by adding the following subparagraph:

ii.1 in the case of a contract for the provision of electricity,

A. the price that would be payable by the consumer for the provision of electricity if the consumer renews or extends the contract, expressed per kilowatt hour of electricity, and

B. the price that would be payable by the consumer if the consumer does not renew or extend the contract but purchases electricity directly from the consumer’s local electricity distributor, expressed per kilowatt hour of electricity,

(3) Paragraph 2 of subsection 6 (2) of the Regulation is amended by striking out “and” at the end of subparagraph iii, by adding “and” at the end of subparagraph iv and by adding the following subparagraph:

v. in the case of a contract for the provision of electricity, that the contract will only be renewed or extended if the consumer specifically acknowledges in writing that the consumer has read the information referred to in subparagraph ii.1.

(4) Subsection 6 (2) of the Regulation is amended by adding the following paragraph:

5.1 In the case of a contract for the provision of electricity, an acceptance under paragraph 5 is void unless the consumer specifically acknowledges in writing that the consumer has read the information referred to in subparagraph 2 ii.1.

(5) Section 6 of the Regulation is amended by adding the following subsections:

(5.1) Subject to subsection (5.3), an acknowledgement under paragraph 5.1 of subsection (2) may be given by any means.

(5.2) Where an acknowledgement is given under paragraph 5.1 of subsection (2) other than by personal service, it shall be deemed to have been given when sent.

(5.3) Despite the Electronic Commerce Act, 2000, an acknowledgement under paragraph 5.1 of subsection (2) may not be given by telephone unless a voice recording of the telephone acknowledgement is made and, on request, is given to the consumer.

3. Paragraph 12 of subsection 7 (1) of the Regulation is revoked and the following substituted:

12. In the case of a contract for the provision of gas, a statement of the price to be paid under the contract for the provision of gas, expressed per cubic metre of gas.

12.1 In the case of a contract for the provision of electricity,

i. a statement, in not less than 12 point bold type, of,

A. the price to be paid under the contract for the provision of electricity, expressed per kilowatt hour of electricity, and

B. the price that would be payable by the consumer if the consumer does not enter into the contract but purchases electricity directly from the consumer’s local electricity distributor, expressed per kilowatt hour of electricity, and

ii. a statement, immediately adjacent to the information referred to in subparagraph i, that is signed by the consumer and indicates that the consumer acknowledges having read the information referred to in subparagraph i.