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OntarioDid not become law (session ended)40th Parliament, 1st Session

Bill 5 explained in plain English

Wireless Phone, Smart Phone and Data Service Transparency Act, 2011

Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Ontario Legislature
Legislature / Parliament
Legislative Assembly of Ontario
Session
40th Parliament, 1st Session
Bill number
Bill 5
Full title
Wireless Phone, Smart Phone and Data Service Transparency Act, 2011
Current status
Did not become law (session ended)
Latest event
Standing Committee on General Government
Last updated
Dec 1, 2011

Official Legislative Assembly of Ontario snapshot for 40th Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.

Chamber
Legislative Assembly of Ontario
Current Stage
Standing Committee on General Government
Latest Activity
Dec 1, 2011
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

The Wireless Phone, Smart Phone and Data Service Transparency Act, 2011, requires clear disclosure of terms, costs, and usage information in wireless service agreements and provides enhanced consumer protections.

What It Means

This bill, the Wireless Phone, Smart Phone and Data Service Transparency Act, 2011, aims to ensure consumers in Ontario are better informed and protected when entering into agreements for wireless phone, smart phone, and data services. It requires service providers to present agreements in clear language, disclose all associated costs, and provide specific information about services, discounts, usage limits, and potential charges. The Act also includes provisions regarding the removal of technological restrictions on devices, consumer notification of usage limits, payment for services during repairs, and limits on contract amendments, renewals, and cancellation fees. Additionally, it sets rules for advertising prices and selling pre-paid cards.

What This Bill Does
  • Applies to agreements for wireless telephone, smart phone, or data services where the consumer or supplier is located in Ontario.
  • Requires that agreements be written in plain language.
  • Mandates that agreements include detailed descriptions of services, goods, associated costs, usage limits, and any discounts offered.
  • Requires suppliers to remove technological restrictions on devices under certain conditions.
  • Requires suppliers to notify consumers when they are approaching usage limits or may incur charges for exceeding geographical limits.
  • Prohibits charging consumers for services not received during repair periods, unless replacement goods are provided or the damage was caused by the consumer.
  • States that agreements cannot be amended or renewed without the consumer's express consent.
  • Establishes that expired agreements are deemed to continue as monthly agreements for a maximum of three months if not renewed.
  • Allows consumers to cancel agreements at any time with 30 days' notice, with limits on cancellation fees.
  • Regulates advertising by requiring prominent disclosure of total costs.
  • Prohibits the sale of pre-paid cards with activation deadlines or expiry dates.
  • Enables the Lieutenant Governor in Council to make regulations regarding the application of the Act to certain agreements.
Who Is Affected
  • Consumers of wireless phone, smart phone, and data services in Ontario.
  • Suppliers of wireless phone, smart phone, and data services in Ontario.
  • The Lieutenant Governor in Council (for making regulations).
Rights, Duties, Or Obligations
  • Consumers have the right to agreements in plain language.
  • Consumers have the right to clear disclosure of all costs, discounts, and usage limits.
  • Consumers have the right to cancel agreements with 30 days' notice and limited cancellation fees.
  • Suppliers are obligated to provide clear and comprehensive information in agreements.
  • Suppliers are obligated to notify consumers about usage limits and potential extra charges.
  • Suppliers are obligated to remove technological restrictions on devices under specified conditions.
  • Suppliers are obligated to obtain express consent for agreement amendments or renewals.
  • Suppliers are prohibited from charging for services not received during repairs.
  • Suppliers are prohibited from selling pre-paid cards with activation or expiry dates.
Important Dates
  • The Act comes into force on the day it receives Royal Assent.
  • There is a transition period for agreements in effect before the Act comes into force, applying after three months or an earlier date specified by regulation.
Financial Or Tax Impacts
  • Cancellation fees for consumers are limited to one month's service cost or a calculated amount based on discounted goods.
  • Suppliers may need to adjust pricing structures and advertising to comply with cost disclosure requirements.
Enforcement Or Penalties
  • The enforcement provisions of Part IX of the Consumer Protection Act, 2002, apply to remedies claimed under this Act.
Uncertainties Or Limits
  • The specific date after which the Act applies to existing agreements can be set by regulation under clause 2(2)(b).
  • The exact calculation for additional cancellation fees for agreements involving discounted goods is detailed in the Act.
  • The Act states that if there is a conflict between its provisions and another Act or regulation regarding future performance agreements, the provision offering greater consumer protection prevails.
Laws Or Regulations Affected
Wireless Phone, Smart Phone and Data Service Transparency Act, 2011
enacted

This Act introduces new rules and requirements for transparency and consumer protection in agreements for wireless phone, smart phone, and data services in Ontario.

Source: Part I, Section 13

Consumer Protection Act, 2002
amended

The terms and expressions used in the new Act will have the same meaning as defined in the Consumer Protection Act, 2002. Additionally, the enforcement provisions of Part IX of the Consumer Protection Act, 2002, will apply to remedies sought under this new Act.

Source: Part I, Section 1; Part IV, Section 10

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Process Snapshot

Step 1
First reading
Nov 23, 2011
Step 2
Second reading
Dec 1, 2011
Step 3
Committee review
Dec 1, 2011
Step 4
Third reading
Not reached yet
Step 5
Royal assent
Not reached yet

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
David Orazietti
Sponsor party or district not listed
Jurisdiction
Ontario Legislature

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced