O. Reg. 426/15: GENERAL

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ontario regulation 426/15

made under the

Consumer Protection Act, 2002

Made: December 16, 2015
Filed: December 17, 2015
Published on e-Laws: December 17, 2015
Printed in The Ontario Gazette: January 2, 2016

Amending O. Reg. 17/05

(GENERAL)

1. (1) Paragraphs 2 and 3 of section 1 of Ontario Regulation 17/05 are revoked and the following substituted:

2. The Certified General Accountants Act, 2010.

3. The Chartered Accountants Act, 2010.

(2) Paragraph 10 of section 1 of the Regulation is revoked and the following substituted:

10. The Public Accounting Act, 2004.

2. The Regulation is amended by adding the following section:

Agreement for tow and storage services

13.1 Sections 22, 23 and 27 to 47 of the Act do not apply to a consumer agreement for tow and storage services, if the agreement is also a future performance agreement, a time share agreement, a personal development services agreement, a direct agreement, an internet agreement or a remote agreement.

3. The French version of paragraph 1 of subsection 47 (1) of the Regulation is revoked and the following substituted:

1. L’assertion expresse ou implicite qu’il est agréé ou inscrit par le gouvernement du Canada, celui de l’Ontario ou celui d’une autre province ou d’un territoire du Canada ou titulaire d’un permis octroyé par un de ces gouvernements.

4. Paragraph 10 of section 48 of the Regulation is amended by adding “other than services to which Part VI.1 of the Act applies” after “temporary basis”.

5. Paragraph 5 of section 50 of the Regulation is amended by adding “other than services to which Part VI.1 of the Act applies” after “temporary basis”.

6. Paragraph 14 of section 51 of the Regulation is amended by adding “other than services to which Part VI.1 of the Act applies” after “temporary basis”.

7. The Regulation is amended by adding the following Part:

Part VI.1
Tow and Storage Services

Definitions and interpretation

52.1 (1) In this Part,

“address” means a municipal address or, if one is not available, such geographic and other information sufficient to identify the relevant location; (adresse)

“tow and storage services operator” means,

(a) with respect to tow services, a supplier who, as the owner, operator or driver of a commercial motor vehicle that is used to provide tow services,

(i) is required under section 16 of the Highway Traffic Act to hold or to carry a valid CVOR certificate, or

(ii) is exempt, under section 1.1 of Ontario Regulation 424/97 (CVOR Certificates) made under that Act, from the requirements of section 16 of that Act, or

(b) with respect to storage services, a supplier who provides storage services, in respect of a tow service that is subject to this Part, for vehicles towed or transported to the premises from which the supplier conducts business by or on behalf of a supplier described in clause (a); (“exploitant de services de remorquage et d’entreposage”)

“tow truck” has the same meaning as in clause (b) of the definition of commercial motor vehicle in subsection 3 (1) of Ontario Regulation 419/15 (Definitions of Commercial Motor Vehicle and Tow Truck) made under the Highway Traffic Act; (“dépanneuse”)

“tow truck broker” means a supplier who, in the course of business, arranges for the hiring of tow services that are provided by using a tow truck not owned or operated by the supplier. (“courtier en dépanneuses”)

(2) For the purposes of clause (a) of the definition of “tow and storage services operator” in subsection (1),

“commercial motor vehicle” has the same meaning as in section 3 of Ontario Regulation 419/15 (Definitions of Commercial Motor Vehicle and Tow Truck) made under the Highway Traffic Act;

“CVOR certificate” has the same meaning as in the Highway Traffic Act;

“operator” has the same meaning as in subsection 16 (1) of the Highway Traffic Act;

“owner” has the same meaning as in section 207 of the Highway Traffic Act.

(3) For the purposes of Part VI.1 of the Act, a tow truck driver is a supplier.

Non-application of Act and Regulation

52.2 (1) For the purposes of subsection 65.2 (2) of the Act, the following do not apply in respect of tow and storage services arising as a result of a vehicle being impounded or otherwise detained under the authority of any other Act or regulation of Ontario or Canada or any municipal by-law, or pursuant to a lawful power of seizure with respect to the vehicle:

1. Part VI.1 of the Act, except for sections 65.5 (posting identifiers and other information), 65.8 (publication of rates), 65.15 (payment options), 65.16 (prohibitions) and 65.17 (additional duties and obligations).

2. This Part of this Regulation, except for sections 52.5 (posting identifiers and other information), 52.8 (publication of rates), 52.11 (prohibitions) and 52.12 (additional duties and obligations).

(2) For the purposes of subsection 65.2 (2) of the Act, the following do not apply to tow truck brokers:

1. Sections 65.7 (insurance) and 65.12 (duty re contents of vehicle) of the Act.

2. Paragraph 3 of subsection 52.5 (1) and subsection 52.5 (2) (posting identifiers and other information), section 52.7 (insurance), section 52.10 (duty re contents of vehicle) and paragraph 4 of subsection 52.13 (1) (record keeping and reporting) of this Regulation.

(3) For the purposes of subsection 65.2 (2) of the Act, the following do not apply in respect of tow and storage services when a consumer is not charged for the specific service being provided because the service is provided under a pre-paid agreement or membership in an association or in connection with the purchase or lease of a vehicle:

1. Sections 65.3 (disclosure), 65.4 (authorization) and 65.6 (invoice) of the Act.

2. Sections 52.3 (disclosure), 52.4 (authorization), 52.6 (invoice) and paragraphs 1, 2 and 3 of subsection 52.13 (1) (record keeping and reporting) of this Regulation.

Disclosure

52.3 (1) The following information is prescribed information for the purposes of section 65.3 of the Act:

1. The name of the tow and storage provider and, if different, the name under which the provider carries on business.

2. The telephone number of the tow and storage provider, the address of the principal place of business of the provider and information respecting other ways, if any, in which the consumer can contact the provider, such as the fax number and e-mail address of the provider.

3. A statement of rates that complies with section 65.8 of the Act and that the tow and storage provider charges for the tow and storage services that the provider provides, which statement shall include the amount of the fee described in subsection 52.10 (2).

4. The address of the location to which the tow and storage provider will have the vehicle that is the subject of the tow and storage services towed, and the address of the location of any anticipated stops before that destination.

5. A statement that the tow and storage provider must, before demanding or receiving payment, deliver a written invoice to the consumer detailing the tow and storage services provided.

6. A statement that the tow and storage provider must accept payment for tow and storage services by credit card or cash at the consumer’s choice.

7. The Tow and Storage Consumers Bill of Rights if a Minister’s regulation has established it under subsection 65.11 (2) of the Act.

(2) For the purposes of section 65.3 of the Act, a tow and storage provider shall give the information required by that section to the consumer or the prescribed person acting on behalf of the consumer under subsection 65.4 (1) of the Act before the consumer or the person, as the case may be, gives the authorization required by section 65.4 of the Act.

(3) If the information required by section 65.3 of the Act is not given in writing, the tow and storage provider shall,

(a) make a written record of the disclosure of the information that includes the following:

(i) the name and contact information of the person to whom the information is given,

(ii) the date and time at which the information is given,

(iii) if the information is given by telephone, the telephone number of the tow and storage provider, and

(iv) if the information is given by a method other than telephone, information about how the tow and storage provider can be contacted; and

(b) give a copy of the written record of the disclosure of the information and of the information in writing to the person described in subclause (a) (i) as soon as is practicable.

Authorization required

52.4 (1) For the purposes of subsection 65.4 (1) of the Act, a prescribed person means a person acting on behalf of the consumer.

(2) For the purposes of subsection 65.4 (1) of the Act, a consumer is unable to give the authorization required by section 65.4 of the Act if the consumer is unable to give the authorization as a result of the circumstances that gave rise to the need for the tow and storage services or has been removed from the scene of an accident or apparent accident.

(3) An authorization required by section 65.4 of the Act shall include,

(a) the name and contact information of the consumer, if the consumer gave the authorization, or of the person acting on behalf of the consumer, if the consumer is unable to give the authorization; and

(b) the date and time at which the authorization is given.

(4) An authorization required by section 65.4 of the Act is not effective unless it is given by the consumer or a person acting on behalf of the consumer before any services are commenced.

(5) Upon receiving an authorization required by section 65.4 of the Act from a person, a tow and storage provider shall provide a copy of the authorization to the person.

(6) If an authorization required by section 65.4 of the Act is not given in writing, the authorization is not effective unless the tow and storage provider makes a written record of the information described in subsection (3) that includes,

(a) if the authorization is given by telephone, the telephone number of the person giving the authorization; or

(b) if the authorization is given by a method other than telephone, information about how the person giving the authorization can be contacted.

(7) The tow and storage provider shall give a copy of the written record referred to in subsection (6) to the person giving the authorization as soon as is practicable.

(8) Subsection 65.4 (2) of the Act does not prevent a consumer or a person acting on behalf of the consumer from agreeing to amend the estimated amount that may be paid for services authorized or the estimate based on a method of computing an amount that may be paid for services authorized, if the consumer or the person acting on behalf of the consumer requires additional or different services.

Posting identifiers and other information

52.5 (1) The information that section 65.5 of the Act requires a tow and storage provider to post is the following:

1. The provider’s name, and if different, the name under which the provider carries on business.

2. The provider’s telephone number.

3. If the provider operates more than one tow truck, a unique number identifying each tow truck.

4. The provider’s municipal business licence number, if applicable.

(2) The tow and storage provider shall post the information described in subsection (1) on both sides of each tow truck that the provider operates, if any, by attaching it to or having it painted on the body of the tow truck in letters and figures not less than eight centimetres, which is approximately three inches, in height.

(3) The tow and storage provider shall post the information described in paragraphs 1, 2 and 4 of subsection (1) on one or more signs so that it is clear, comprehensible and prominent at all premises from which the provider conducts business.

(4) If the tow and storage provider maintains a website, the website shall include the information described in paragraphs 1, 2 and 4 of subsection (1) in a form that can be reproduced.

Invoice

52.6 (1) The invoice that section 65.6 of the Act requires a tow and storage provider to deliver before demanding or receiving payment shall be in writing.

(2) The additional information that section 65.6 of the Act requires a tow and storage provider to include in the invoice is the following:

1. The name of the consumer.

2. The provider’s name, and if different, the name under which the provider carries on business.

3. The provider’s telephone number, the address of the principal place of business of the provider and information respecting other ways, if any, in which the consumer can contact the provider, such as the fax number and e-mail address of the provider.

4. If the provider operates more than one tow truck, the unique number identifying the tow truck providing the services.

5. The provider’s municipal business licence number, if applicable.

6. The make, model, vehicle identification number and licence number of the vehicle.

7. The date and time when the services commenced or are to commence.

8. The address of the location where the services commenced or are to commence, the address of the location to which the vehicle was towed or is to be towed, the address of the location of any stops that are anticipated or have occurred in between, and, if applicable, the business name of each of those locations.

9. A unique invoice number.

10. The name of the tow truck driver.

11. A statement that the provider must accept payment for tow and storage services by credit card or cash at the consumer’s choice.

Insurance

52.7 For the purposes of subsection 65.7 (1) of the Act, a tow and storage services operator shall maintain insurance coverage for the following kinds of liability in the following amounts in respect of any one claim:

1. Coverage against liability resulting from bodily injury to or the death of one or more persons and loss or damage to property, in the amount of at least $2,000,000 exclusive of interest and costs.

2. Coverage against liability for damage to a vehicle of the consumer while in the provider’s care, custody or control, in the amount of at least $100,000.

3. Cargo liability insurance in the amount of at least $50,000.

Publication of rates

52.8 (1) A tow and storage provider shall make available a copy of the current statement of rates required by section 65.8 of the Act at all premises from which the provider conducts business, and shall provide a copy to any person upon request.

(2) If a tow and storage provider maintains a website, the website shall include the information described in subsection (1) in a form that can be reproduced.

Disclosure of interest

52.9 (1) For the purposes of subsection 65.10 (1) of the Act, a prescribed person means a person acting on behalf of the consumer.

(2) A tow and storage provider shall make the disclosure of interest required by section 65.10 of the Act to the consumer or a person acting on behalf of the consumer,

(a) before the consumer or the person, as the case may be, gives the authorization required by section 65.4 of the Act, in circumstances where such authorization is required; or

(b) before the tow and storage services are commenced, in circumstances where such authorization is not required.

(3) If the disclosure of interest required by section 65.10 of the Act is not given in writing, the tow and storage provider shall,

(a) make a written record of the disclosure that includes the following:

(i) the name and contact information of the person to whom the disclosure is given,

(ii) the date and time at which the disclosure is given,

(iii) if the disclosure is given by telephone, the telephone number of the tow and storage provider, and

(iv) if the disclosure is given by a method other than telephone, information about how the tow and storage provider can be contacted; and

(b) give a copy of the written record of the disclosure and of the disclosure in writing to the person described in subclause (a) (i) as soon as is practicable.

Duty re contents of vehicle

52.10 (1) A tow and storage provider shall provide the access required by subsection 65.12 (1) of the Act by,

(a) having the location where the vehicle is stored be open to the public from 8:00 a.m. to 5:00 p.m. on all business days; and

(b) providing a telephone number that the consumer or a person acting on behalf of the consumer can call to gain access to the vehicle at other times.

(2) A tow and storage provider may charge a reasonable fee for permitting access to the consumer or a person acting on behalf of the consumer at a time other than the times specified in clause (1) (a).

(3) In this section, “business day” means a day that is not,

(a) Saturday, or

(b) a holiday within the meaning of section 88 of the Legislation Act, 2006, other than Easter Monday and Remembrance Day.

Prohibitions

52.11 (1) A tow and storage provider shall not recommend to a consumer or a person acting on behalf of the consumer any of the following, unless the consumer or the person specifically requests such a recommendation or the provider offers to make such a recommendation and the consumer or the person accepts the offer:

1. The towing or transportation of any vehicle in respect of which the provider’s services are to be provided to any particular salvage yard, repairer, storage yard, garage, building or place.

2. The legal services provided by any person, corporation, partnership, sole proprietor, association or other entity authorized under the Law Society Act to practise law or provide legal services in Ontario.

3. A health care service provided by any member of a College as defined in the Regulated Health Professions Act, 1991 or at a facility at which any member of a College as defined in that Act practises his or her profession.

(2) Subject to subsection (3), a tow and storage provider shall not charge an amount for tow and storage services that is greater than the amount that the provider usually charges for those services merely because the provider provides them as a result of a vehicle having been impounded or otherwise detained under the authority of any other Act or regulation of Ontario or Canada or any municipal by-law.

(3) Subsection (2) does not apply where there is an agreement that contains terms of payment for tow and storage services in respect of the impoundment or other detention of a vehicle authorized under any other Act or regulation of Ontario or Canada or any municipal by-law.

Additional duties and obligations

52.12 (1) If a tow and storage provider makes a recommendation described in subsection 52.11 (1) upon the request or acceptance of a consumer or a person acting on behalf of the consumer, the provider shall disclose to the consumer or the person,

(a) the benefits and consideration that are due to the provider or another person as a result of making the recommendation; or

(b) that there are no benefits or consideration due to the provider or to another person, if that is the case.

(2) A tow and storage provider shall make the disclosure required by subsection (1) to the consumer or a person acting on behalf of the consumer,

(a) before the consumer or the person, as the case may be, gives the authorization required by section 65.4 of the Act, in circumstances where such authorization is required; or

(b) before the tow and storage services are commenced, in circumstances where such authorization is not required.

(3) If the disclosure required by subsection (1) is not given in writing, the tow and storage provider shall,

(a) make a written record of the disclosure that includes the following:

(i) the name and contact information of the person to whom the disclosure is given,

(ii) the date and time at which the disclosure is given,

(iii) if the disclosure is given by telephone, the telephone number of the tow and storage provider, and

(iv) if the disclosure is given by a method other than telephone, information about how the tow and storage provider can be contacted; and

(b) give a copy of the written record of the disclosure and of the disclosure in writing to the person described in subclause (a) (i) as soon as is practicable.

Record keeping and reporting

52.13 (1) The following are prescribed records that section 65.19 of the Act requires a tow and storage provider to maintain:

1. A copy of the disclosure of information that the provider gives and a copy of the written records of the disclosure where the disclosure is not given in writing, as required under section 65.3 of the Act.

2. A copy of the authorizations that the provider obtains and a copy of the written records of the authorizations where the authorization is not given in writing, as required under section 65.4 of the Act.

3. A copy of the invoices that section 65.6 of the Act requires the provider to deliver.

4. A copy of the insurance policy that section 65.7 of the Act requires the provider to maintain.

5. The current statement of rates that section 65.8 of the Act requires the provider to maintain.

6. A copy of the disclosure of interest that the provider gives and a copy of the written records of the disclosure where the disclosure is not given in writing, as required under section 65.10 of the Act.

7. A copy of the disclosure that the provider gives and a copy of the written records of the disclosure where the disclosure is not given in writing, as required under section 52.12 of this Regulation.

(2) A tow and storage provider shall maintain the records described in subsection (1) at the provider’s principal place of business for a period of no less than three years.

Transition

52.14 The following provisions of the Act are prescribed provisions for the purposes of subsection 65.21 (2) of the Act:

1. Section 65.3 (disclosure).

2. Section 65.4 (authorization).

3. Section 65.5 (posting identifiers and other information).

4. Section 65.6 (invoice), if a tow and storage provider under a consumer agreement for tow and storage services has delivered an invoice to the consumer before the day that section comes into force.

5. Section 65.7 (insurance).

6. Section 65.10 (disclosure of interest).

7. Section 65.16 (prohibitions).

8. Section 65.17 (additional duties and obligations).

9. Section 65.19 (record keeping and reporting).

Commencement

8. This Regulation comes into force on the latest of,

(a) the day section 2 of Schedule 1 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force;

(b) January 1, 2017; and

(c) the day this Regulation is filed.

 

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