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Release of Revised Draft Regulations to Ontario Consumer Protection Act, 2002
The Ontario Ministry of Consumer and Business Services has released, for public consultation, revised draft regulations to the Ontario Consumer Protection Act, 2002, based on comments received in response to the previous draft regulations released in December, 2003.
The revisions introduce additional disclosure requirements in respect of Internet agreements (eg. the name under which the supplier carries on business, if different from the supplier's name) and qualify others (e.g. (i) the agreement only has to set out the rights and obligations of the consumer with respect to cancellation, return, exchange and refund policies to the extent that they are in addition to the rights and obligations under the Act; and (ii) the name of the person that will be providing services on behalf of the supplier only needs to be specified where a supplier holds out that this will occur). The revisions also expand the scope of acceptable methods by which a copy of the agreement can be delivered to a consumer to include "any manner that ensures that the consumer is able to retain, print and access it for future reference," with email being only one example of this.
Once public comments are received and reviewed, it is contemplated that the final regulations will be prepared and submitted to the government for approval. The draft regulations become law only if the Act is proclaimed into force and the draft regulations promulgated by the Lieutenant Governor in Council.
For a copy of the draft regulations, visit:
http://www.cbs.gov.on.ca/mcbs/english/pdf/CPA_Regs_Fall04.pdf