O. Reg. 194/03: CONSUMER PROTECTION

 

ontario regulation 194/03

made under the

Ontario energy board act, 1998

Made: May 7, 2003
Filed: May 14, 2003
Printed in The Ontario Gazette: May 31, 2003

Amending O. Reg. 200/02

(Consumer Protection)

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

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.

(2) Paragraph 6 of subsection 2 (1) the Regulation is revoked and the following substituted:

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.

2. (1) Subsection 6 (1) of the Regulation is amended by adding the following clause:

(0.a) the contract,

(i) contains a provision that allows for its renewal or extension, and

(ii) no matter how many times it is renewed or extended and subject to subsections (2) and (2.1), the contract is renewed or extended in total for a period no longer than the renewal or extension period contemplated in the provision in the contract;

(2) Clause 6 (1) (c) of the Regulation is revoked and the following substituted:

(c) the contract is renewed or extended,

(i) in accordance with subsection (2), in the case of a contract that is renewed or extended for a period of more than one year, or

(ii) in accordance with subsection (2.1), in the case of a contract that is renewed or extended for a period of one year or less.

(3) Subsection 6 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) The following rules apply to the renewal or extension of a contract for a period of more than one year:

. . . . .

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

(2.1) The following rules apply to the renewal or extension of a contract for a period of one year or less:

1. Not less than 60 days before and more than 120 days before the renewal or extension date of the contract, the retailer of electricity or gas marketer must give the consumer written notice, in not less than 12 point type in each case except for the copy of the original contract, that includes,

i. the changes to the contract,

ii. a copy of the original contract,

iii. a statement of all the information required under subsection 88.10 (1) of the Act,

iv. 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 contract is not cancelled, expressed per kilowatt hour of electricity, and

B. the price that would be payable by the consumer if the contract is cancelled and the consumer purchases electricity directly from the consumer’s local electricity distributor, expressed per kilowatt hour of electricity,

v. a cancellation form,

vi. the renewal or extension date of the contract and the options that are available to the consumer as of that date, of which one option must be that the consumer may cancel the contract,

vii. the fact that the contract will be renewed or extended unless the consumer gives written notice of their intention to cancel the contract within 30 days after the consumer receives notice under this paragraph, and

viii. the fact that the consumer may also cancel the contract within 35 days after the first bill under the renewed or extended contract is sent.

2. The cancellation form must clearly indicate, in not less than 12 point type,

i. that the consumer may use the form to cancel the contract or may cancel the contract in writing in any way, as long as it indicates the consumer’s intention to cancel the contract,

ii. that the consumer may give notice of the cancellation at the postal address or the electronic mail address that must be included in the form,

iii. that the consumer may reach the retailer of electricity or gas marketer by telephone at the toll-free telephone number that must be included in the form,

iv. that, in the absence of its cancellation by the consumer, the retailer of electricity or gas marketer will renew or extend the contract without any changes, other than the changes described, in not less than 12 point type, on the form, to the terms of the contract and the price for the provision of electricity or gas.

3. The contract is renewed or extended for a period of no more than one year if the retailer of electricity or gas marketer complies with paragraphs 1 and 2 and the consumer does not give written notice of cancellation of the contract under subparagraph 1 vii.

4. Despite the renewal or extension of the contract under paragraph 3, a consumer may give written notice of cancellation of the contract within 35 days after receiving their first bill under the renewed or extended contract.

(2.2) Where notice is given under subsection (2.1) other than by personal service, it shall be deemed to have been given when sent.