Energy Consumer Protection Act, 2010

PART I GENERAL Definitions and powers of Minister

1 (1) In this Act, “Board” means the Ontario Energy Board; (“Commission”) “distribution system” has the same meaning as in section 3 of the Ontario Energy Board Act, 1998; (“réseau de distribution”) “distributor” has the same meaning as in section 3 of the Ontario Energy Board Act, 1998; (“distributeur”) “gas” has the same meaning as in section 3 of the Ontario Energy Board Act, 1998; (“gaz”) “gas distributor” has the same meaning as in section 3 of the Ontario Energy Board Act, 1998, and “distribute” and “distribution” when used in relation to gas have corresponding meanings; (“distributeur de gaz”, “distribuer”, “distribution”) “Minister” means the Minister of Energy or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “person”, or any expression referring to a person, means an individual, sole pro…

PART II Electricity Retailing and Gas marketing

2 In this Part, “consumer” means, (a) in respect of the retailing of electricity, a person who uses, for the person’s own consumption, electricity that the person did not generate and who annually uses less than the prescribed amount of electricity, and (b) in respect of gas marketing, a person who annually uses less than the prescribed amount of gas; (“consommateur”) “contract” means an agreement between a consumer and a retailer for the provision of electricity or an agreement between a consumer and a gas marketer for the provision of gas; (“contrat”) “electronic signature” has the same meaning as in subsection 1 (1) of the Electronic Commerce Act, 2000; (“signature électronique”) “gas marketer” means a person who, (a) sells or offers to sell gas to a consumer, (b) acts as the agent or broker for a seller of gas to a consumer, or (c) acts or offers to act as the agent or broker of a co…

3 (1) This Part applies to gas marketing and retailing of electricity to consumers. 2010, c. 8, s. 3 (1). Contracts, other agreement or waivers to contrary (2) This Part applies despite any contract, other agreement or waiver to the contrary. 2010, c. 8, s. 3 (2). Limitation on effect of term requiring arbitration (3) Without limiting the generality of subsection (2), any term or acknowledgment in a contract, other agreement or waiver that requires or has the effect of requiring that disputes arising out of the contract, agreement or waiver be submitted to arbitration is invalid in so far as it prevents a consumer from exercising a right to commence an action in the Superior Court of Justice given under this Part or otherwise available in law. 2010, c. 8, s. 3 (3). Procedure to resolve disputes (4) Despite subsections (2) and (3), after a dispute over which a consumer may commence an act…

4 (1) A consumer may commence a proceeding on behalf of members of a class under the Class Proceedings Act, 1992 or may become a member of a class in such a proceeding in respect of a dispute arising out of a contract, other agreement or waiver despite any term or acknowledgment in the contract, agreement or waiver that purports to prevent or has the effect of preventing the consumer from commencing or becoming a member of a class proceeding. 2010, c. 8, s. 4 (1). Procedure to resolve dispute (2) After a dispute that may result in a class proceeding arises, the consumer, the supplier and any other person involved in it may agree to resolve the dispute using any procedure that is available in law. 2010, c. 8, s. 4 (2). Settlements or decisions (3) A settlement or decision that results from the procedure agreed to under subsection (2) is as binding on the parties as such a settlement or de…

5 (1) The rights of a consumer under this Part are in addition to any other rights of the consumer under any other Act or by operation of law and nothing in this Part shall be construed to limit any such rights of the consumer. 2010, c. 8, s. 5 (1). Conflict (2) In the event of a conflict between a provision in this Part and a provision in any other Act, the provision that provides the greater protection to the consumer prevails. 2010, c. 8, s. 5 (2).

6 Any ambiguity that allows for more than one reasonable interpretation of a contract provided by a supplier to a consumer or of any information that must be disclosed under this Part shall be interpreted to the benefit of the consumer. 2010, c. 8, s. 6.

7 (1) Despite section 5 of the Electronic Commerce Act, 2000 but subject to subsection (7), in this Part, a requirement that information or a document be in writing is satisfied by information or a document that is in electronic form solely if it is, (a) accessible so as to be usable for subsequent reference; and (b) text-based. 2010, c. 8, s. 7 (1). Same, provision of information or document in writing (2) Despite subsection 6 (1) of the Electronic Commerce Act, 2000 but subject to subsection (7), in this Part, a requirement that a person provide information or a document in writing to another person is satisfied by the provision of the information or document in an electronic form solely if it is, (a) accessible by the other person so as to be usable for subsequent reference; (b) capable of being retained by the other person; and (c) text-based. 2010, c. 8, s. 7 (2). Same, information …

8 (1) If a supplier is required to disclose information under this Part, the disclosure shall be clear, comprehensible and prominent and, in addition, shall comply with any requirements that may be prescribed by regulation or mandated by a code issued by the Board or by a rule made by the Board or by an order of the Board. 2010, c. 8, s. 8 (1). Delivery of document (2) If a supplier is required to deliver a document to a consumer under this Act, the document must, in addition to satisfying the requirements in subsection (1), be delivered in a form in which it can be retained by the consumer. 2010, c. 8, s. 8 (2).

9 (1) In the case of a contract with a consumer with respect to retailing of electricity, the supplier shall determine the price it charges for electricity, (a) in the manner and in accordance with the requirements that may be prescribed; and (b) in the manner and in accordance with the requirements that may be required by a code issued under section 70.1 of the Ontario Energy Board Act, 1998 or under any conditions of a licence. 2015, c. 29, s. 1. Same, gas (2) In the case of a contract with a consumer with respect to gas marketing, the supplier shall determine the price it charges for gas, (a) in the manner and in accordance with the requirements that may be prescribed; and (b) in the manner and in accordance with the requirements that may be required by rules made pursuant to clause 44 (1) (c) of the Ontario Energy Board Act, 1998 or under any conditions of a licence. 2015, c. 29, s. …

9.1 (1) No supplier shall, (a) sell or offer to sell electricity or gas to a consumer in person at the consumer’s home; or (b) cause a salesperson to sell or offer to sell electricity or gas to a consumer in person at the consumer’s home. 2015, c. 29, s. 2. Contract void (2) A contract that is entered into as the result of a contravention of subsection (1) is deemed to be void in accordance with section 16. 2015, c. 29, s. 2. Exception, advertising and marketing (3) Subsection (1) does not restrict advertising and marketing activities. 2015, c. 29, s. 2. Section Amendments with date in force (d/m/y) 2015, c. 29, s. 2 - 01/01/2017

9.2 (1) The Lieutenant Governor in Council may make regulations establishing rules governing the manner, time and circumstances under which a supplier or salesperson may advertise or market the sale of electricity or gas to a consumer in person at the consumer’s home. 2015, c. 29, s. 2. Rules must be obeyed (2) Where rules have been established under subsection (1), every supplier or salesperson who advertises or markets the sale of electricity or gas to a consumer in person at the consumer’s home shall comply with the rules. 2015, c. 29, s. 2. Contract void (3) A contract that is entered into as the result of a contravention of the rules established under subsection (1) is deemed to be void in accordance with section 16. 2015, c. 29, s. 2. Section Amendments with date in force (d/m/y) 2015, c. 29, s. 2 - 01/01/2017

9.3 No supplier shall provide remuneration to a salesperson who sells or offers to sell electricity or gas to consumers or who advertises or markets the sale of electricity or gas to consumers on behalf of the supplier if the manner of remuneration contravenes the rules provided for in the regulations. 2015, c. 29, s. 2. Section Amendments with date in force (d/m/y) 2015, c. 29, s. 2 - 01/01/2017

10 (1) No supplier shall engage in an unfair practice. 2010, c. 8, s. 10 (1). Same, suppliers (2) A supplier is deemed to be engaging in an unfair practice if, (a) it engages in any practice that is prescribed as an unfair practice or it fails to do anything where such failure is prescribed as an unfair practice; or (b) a salesperson acting on behalf of the supplier does or fails to do anything that would be an unfair practice if done or if failed to be done by the supplier. 2010, c. 8, s. 10 (2).

11 (1) No supplier shall enter into a contract with a consumer other than in accordance with section 12. 2010, c. 8, s. 11 (1). Application (2) Subsection (1) applies to contracts entered into after subsection (1) comes into force. 2010, c. 8, s. 11 (2). Classes or types of contracts (3) A regulation made in respect of contracts to which this Part applies and any code issued by the Board or rule or order made by the Board in respect of contracts to which this Part applies may, (a) distinguish between classes and types of contracts and between consumers and classes of consumers; and (b) set out different requirements depending on the classes or types of contracts and the circumstances under which the contracts are made. 2010, c. 8, s. 11 (3). Prohibition re entering, etc., certain contracts (4) No supplier shall enter into, renew or extend a contract with such persons or classes of person…

12 (1) A contract with a consumer shall, (a) in the case of retailing of electricity and in the case of gas marketing, (i) contain such information as may be prescribed, presented in the prescribed form or manner, if any, and under the prescribed circumstances, if any, and (ii) be accompanied by such information or documents as may be required by regulation, provided in such languages as may be prescribed, and presented in the prescribed form or manner, if any, and under the prescribed circumstances, if any; (b) in the case of the retailing of electricity by a retailer, (i) contain such information as may be required by a code issued under section 70.1 of the Ontario Energy Board Act, 1998, provided in such languages as may be required by the code, and presented in the form or manner, if any, and under the circumstances, if any, required by the code, if a condition of a licence requires …

13 (1) If a supplier enters into a contract with a consumer, the supplier shall deliver a text-based copy of the contract to the consumer within the prescribed time. 2010, c. 8, s. 13 (1). Copy in prescribed form (2) Where a supplier enters into a contract with a consumer and the consumer is a member of a prescribed class of consumers, the supplier shall, within the prescribed time, provide the consumer with a copy of the contract in such form as may be prescribed, if the consumer requests it. 2010, c. 8, s. 13 (2). Contract deemed void (3) A contract is deemed to be void in accordance with section 16, in any of the following circumstances: 1. If no request is made under subsection (2) and the supplier fails to deliver a copy of the text-based contract in accordance with subsection (1). 2. If a request is made under subsection (2) and the supplier fails to provide a copy of the contract …

14 For the purposes of this Part, a requirement that a contract be delivered or provided to a consumer includes a requirement that the consumer acknowledges, in such form or manner as may be prescribed, that the consumer has received it and the consumer is deemed to have acknowledged receipt at the prescribed time. 2010, c. 8, s. 14.

15 (1) If a text-based copy of the contract has been delivered to a consumer in accordance with subsection 13 (1) or a copy of the contract has been provided in accordance with subsection 13 (2), the contract is deemed to be void unless it is verified by a person who meets such conditions and qualifications as may be prescribed. 2010, c. 8, s. 15 (1). Persons not permitted to verify contract (2) Despite subsection (1), a contract shall not be verified by persons or classes of persons as may be prescribed. 2010, c. 8, s. 15 (2). Verification in accordance with regulations (3) A person may verify a contract only in accordance with the regulations. 2010, c. 8, s. 15 (3). Timing of verification (4) Unless otherwise prescribed, a person may verify the contract under subsection (2) no earlier than the 10th day and no later than the 60th day following the day on which a copy of the contract is …

16 (1) A contract is deemed to be void if, (0.a) the contract is entered into as the result of a contravention of subsection 9.1 (1) or the rules established under subsection 9.2 (1); (a) at the time the consumer enters into the contract the consumer does not provide the acknowledgments and signatures required under subsection 12 (2); (b) a text-based copy of the contract is not delivered to the consumer in accordance with subsection 13 (1); (c) a text-based copy of the contract is delivered to the consumer in accordance with subsection 13 (1) and, (i) the contract is not verified in accordance with section 15, or (ii) the consumer gives notice in accordance with subsection 15 (5) to not have the contract verified; (d) a copy of the contract is not provided to the consumer in the prescribed form in accordance with subsection 13 (2), if requested by the consumer; (e) a copy of the contrac…

17 Repealed: 2015, c. 29, s. 5. Section Amendments with date in force (d/m/y) 2015, c. 29, s. 5 - 01/01/2017

18 (1) A contract with a consumer may be renewed or extended or amended only in accordance with the regulations. 2010, c. 8, s. 18 (1). Application of subs. (1) (2) Subsection (1) applies to, (a) the renewal or extension of any contract that would, if not renewed or extended, expire after subsection (1) comes into force; and (b) the amendment of any contract that would have effect after subsection (1) comes into force, whether the contract was made before or after subsection (1) comes into force. 2010, c. 8, s. 18 (2). Cancellation of contracts

19 (1) A consumer may, without any reason, cancel a contract at any time from the date of entering into the contract until 10 days after, (a) a text-based copy of the contract, or a copy of the contract in the form required under subsection 13 (2) if applicable, is delivered to the consumer; and (b) the consumer acknowledges its receipt in accordance with section 14. 2010, c. 8, s. 19 (1). Same, contract does not meet requirements (2) A consumer may cancel a contract at any time after the date of entering into the contract if the requirements referred to in subsection 12 (1) are not met. 2010, c. 8, s. 19 (2). Same, unfair practices (3) A consumer may cancel a contract at any time after the date of entering into the contract if the supplier engages in an unfair practice. 2010, c. 8, s. 19 (3). Same, other prescribed circumstances (4) A consumer may cancel a contract under such other circ…

20 (1) Subsections 19 (1) and (2) apply with respect to contracts entered into on or after the day on which this subsection comes into force. 2010, c. 8, s. 20 (1). Same (2) Subsection 19 (3) applies with respect to contracts entered into on or after the day on which this subsection comes into force. 2010, c. 8, s. 20 (2). Same (3) Subsection 19 (4) applies with respect to contracts entered into on or after the day on which this subsection comes into force. 2010, c. 8, s. 20 (3). Same (4) Subsection 19 (5) applies with respect to contracts entered into on or after the day on which this subsection comes into force. 2010, c. 8, s. 20 (4).

21 (1) Cancellation of a contract by a consumer pursuant to this Part may be expressed in any way, as long as it indicates the intention of the consumer to cancel the contract. 2010, c. 8, s. 21 (1). Notice of cancellation (2) Unless the regulations provide otherwise, the notice of cancellation shall be in writing. 2010, c. 8, s. 21 (2). Means of delivery (3) A notice of cancellation may be given to a supplier by any means that provides evidence of the date on which the consumer delivered or sent the notice, including personal delivery, registered mail, courier or fax. 2010, c. 8, s. 21 (3). When given (4) Where notice of cancellation is given other than by personal delivery, the notice is deemed to have been given to the supplier when delivered or sent in accordance with subsection (3). 2010, c. 8, s. 21 (4). When effective (5) Unless otherwise prescribed, if a contract is cancelled pur…

22 (1) A consumer who cancels a contract under subsection 19 (1), (2) or (3) is not liable for, (a) any obligations in respect of the cancellation, including obligations purporting to be incurred as cancellation charges, administration charges or any other charges or fees; or (b) any monetary obligations under the contract respecting any period after the cancellation takes effect. 2010, c. 8, s. 22 (1). Same, s. 19 (4) or (5) (2) A consumer who cancels a contract under subsection 19 (4) or (5) is liable for, (a) such class or classes of obligations, including charges or fees, in respect of the cancellation as may be prescribed and no others, but in no case is the consumer liable for any monetary obligations that are prescribed as excluded from liability or for more than any prescribed amount of such monetary obligations or any amount determined in accordance with the regulations; and (b)…

23 (1) Within such time period as may be prescribed, after a cancellation takes effect under subsection 19 (1) or (3), the supplier shall refund to the consumer any amount paid by the consumer under the contract. 2010, c. 8, s. 23 (1). Same, s. 19 (2) (2) Within such time period as may be prescribed, after a cancellation under subsection 19 (2) takes effect, the supplier shall refund to the consumer the amount prescribed by regulation or determined in accordance with the regulations. 2010, c. 8, s. 23 (2). Same, s. 19 (4) (3) Within such time period as may be prescribed, after a cancellation under subsection 19 (4) takes effect, the supplier shall refund to the consumer the amount, if any, prescribed by regulation or determined in accordance with the regulations. 2010, c. 8, s. 23 (3).

24 Within such time period as may be prescribed, after a cancellation under subsection 19 (2), (4) or (5) takes effect, the supplier shall refund any amount paid by the consumer under the contract before the day the cancellation took effect in respect of electricity or gas that was to be sold on or after that day. 2010, c. 8, s. 24.

25 (1) If a consumer gives notice of a cancellation under subsection 21 (2) with respect to a contract for the provision of electricity, the retailer shall promptly notify the distributor that the contract has been cancelled and the distributor shall read the consumer’s electricity meter within the prescribed period. 2010, c. 8, s. 25 (1). Retailer responsible for additional costs (2) The retailer is responsible for the payment to the distributor of any additional costs that are incurred by the distributor to ensure compliance with this section. 2010, c. 8, s. 25 (2).

26 No cause of action against the consumer arises as a result of the cancellation of a contract under this Part. 2010, c. 8, s. 26.

27 A consumer may commence an action against the supplier to recover the amount provided in subsection 28 (2) and in addition may seek such other damages or relief as are provided in subsection 28 (3), (a) if the consumer has cancelled a contract under this Part; or (b) if the contract is deemed to be void under section 16 and,

the consumer has not received a refund within such time period as may be prescribed after the effective date of cancellation or the day the contract is deemed void. 2010, c. 8, s. 27.

28 (1) If a consumer has a right to commence an action under this Act, the consumer may commence the action in the Superior Court of Justice. 2010, c. 8, s. 28 (1). Judgment (2) If the consumer is successful in an action commenced under section 27, unless in the circumstances it would be inequitable to do so, the court shall order that the consumer recover, (a) in the case of a cancellation under subsection 19 (2), (4) or (5), all of the money paid by the consumer under the contract; (b) in the case of a cancellation under subsection 19 (1) or (3), twice the amount of the money paid by the consumer under the contract; and (c) in the case of a contract that is deemed to be void, twice the amount of the money paid by the consumer under the contract. 2010, c. 8, s. 28 (2). Same (3) In addition to any order that may be made under subsection (2), the court may order exemplary or punitive dama…

29 If a consumer is required to give notice under this Part in order to obtain a remedy, a court may disregard the requirement to give the notice or any requirement relating to the notice if it is in the interest of justice to do so. 2010, c. 8, s. 29.

30 (1) The Minister may require the Board to review Part II of the Act and the regulations made under Part II three years after this Part comes into force. 2010, c. 8, s. 30 (1). Report (2) If a review is required by the Minister under subsection (1), the Board shall prepare a report as expeditiously as possible on its review and, in the report, the Board may recommend changes to Part II and the regulations made under Part II. 2010, c. 8, s. 30 (2).

PART III Suite metering

31 In this Part, “bulk meter” means a device used to measure the aggregate electricity consumption of a multi-unit complex, and includes any associated equipment, systems and technologies, but does not include a meter; (“compteur collectif”) “consumer” means a person who uses, for the person’s own consumption, electricity that the person did not generate; (“consommateur”) “meter” means a device used to measure electricity consumption and includes any associated equipment, systems and technologies, but does not include a bulk meter; (“compteur”) “multi-unit complex” means, (a) a building or related group of buildings in which two or more units are located, (b) a residential complex as such term is defined in subsection 2 (1) of the Residential Tenancies Act, 2006, (c) a building that forms part of a property as defined in the Condominium Act, 1998, or (d) such other properties or classes …

32 (1) When a suite meter provider installs a suite meter or replaces an existing meter or suite meter, the suite meter provider shall use a suite meter that meets the suite meter specifications. 2010, c. 8, s. 32 (1). Definition, specifications (2) In this section, “suite meter specifications” means the specifications that are prescribed by regulation or mandated by a code issued by the Board or by an order of the Board, or meet the criteria or requirements prescribed by regulation or mandated by a code issued by the Board or by an order of the Board, under the circumstances prescribed by regulation or mandated by a code issued by the Board or by an order of the Board in respect of, (a) types, classes or kinds of suite meters, (b) properties or classes of properties, and (c) consumers or classes of consumers. 2010, c. 8, s. 32 (2). Requirements to take certain actions (3) A regulation, …

33 (1) A suite meter provider may, in such circumstances as may be prescribed and subject to such conditions as may be prescribed, install a suite meter in such properties or classes of properties as may be prescribed and for such consumers or classes of consumers as may be prescribed. 2010, c. 8, s. 33 (1). Installation of suite meters required (2) Such persons or classes of persons as may be prescribed shall, in such circumstances as may be prescribed and subject to such conditions as may be prescribed, have a suite meter installed by a suite meter provider in such properties or classes of properties as may be prescribed and for such consumers or classes of consumers as may be prescribed. 2010, c. 8, s. 33 (2). Same, condominiums (3) The provisions of subsections (1) and (2) apply despite a registered declaration made in accordance with the Condominium Act, 1998, if a suite meter is in…

34 (1) Subject to subsection (6), if a suite meter is installed in accordance with section 33 or in such circumstances as may be prescribed in respect of a unit of a prescribed class of properties, a suite meter provider may, in the prescribed circumstances, subject to the prescribed conditions and for the prescribed consumers or prescribed classes of consumers, bill the consumer based on the consumption or use of electricity by the consumer in respect of the unit as measured by the suite meter. 2010, c. 8, s. 34 (1). Use of meters for billing required (2) Subject to subsection (6), if a suite meter is installed in accordance with section 33 in respect of a unit of a prescribed class of properties, a suite meter provider shall, in the prescribed circumstances and subject to the prescribed conditions, and for the prescribed consumers or prescribed classes of consumers, bill the consumer b…

PART III.1 ELECTRIC VEHICLE CHARGING

34.1 In this Part, “electric vehicle”, “electric vehicle charging” and “electric vehicle charging station” have the same meaning as in the Ontario Energy Board Act, 1998; (“véhicule électrique”, “recharge des véhicules électriques”, “station de recharge pour véhicules électriques”) “retail” has the same meaning as in Part II. (“vendre au détail”) 2024, c. 26, Sched. 3, s. 2 (1). Section Amendments with date in force (d/m/y) 2024, c. 26, Sched. 3, s. 2 (1) - 04/12/2024

34.2 (1) This Act does not apply with respect to the distribution or retail of electricity for electric vehicle charging, except as may be provided by the regulations. 2024, c. 26, Sched. 3, s. 2 (1). Interpretation (2) For greater certainty, except as may be provided by the regulations, a reference in a provision to the retail of electricity shall not be read as including the retail described in subsection (1). 2024, c. 26, Sched. 3, s. 2 (1). No past application (3) This Act is deemed not to have applied with respect to the distribution or retail of electricity for electric vehicle charging before the day the Affordable Energy Act, 2024 received Royal Assent. 2024, c. 26, Sched. 3, s. 2 (1). Section Amendments with date in force (d/m/y) 2024, c. 26, Sched. 3, s. 2 (1) - 04/12/2024

PART iV Regulations

35 (1) The Lieutenant Governor in Council may make regulations prescribing anything that is required or permitted to be prescribed or that is required or permitted to be done in accordance with the regulations or as provided in the regulations. 2010, c. 8, s. 35 (1). Same (2) The Lieutenant Governor in Council may make regulations, (a) exempting any person or class of persons from any provision of this Act, subject to such conditions or restrictions as may be prescribed by the regulations; (b) defining any word or expression used in this Act that is not defined in this Act. 2010, c. 8, s. 35 (2). Same, Part II (3) For the purposes of Part II, the Lieutenant Governor in Council may make regulations, (a) prescribing the amount of electricity and gas for the purposes of the definition of “consumer” in section 2; (b) prescribing forms, media and formats for the purposes of the definition of …

36-39 Omitted (amends, repeals or revokes other legislation). 2010, c. 8, ss. 36-39.

40 Omitted (provides for coming into force of provisions of this Act). 2010, c. 8, s. 40.

41 Omitted (enacts short title of this Act). 2010, c. 8, s. 41. ______________