1 The purpose of this Act is to protect consumers who enter into agreements with suppliers for wireless services accessed from a cellular phone, a smart phone or any other similar mobile device. 2013, c. 8, s. 1.
2 In this Act,
“consumer” means an individual acting for personal, family or household purposes and does not include a person who is acting for business purposes; (“consommateur”)
“minimum cost” means the minimum amount payable by a consumer for the services provided under a wireless agreement, expressed as a regular periodic amount, regardless of the consumer’s usage of the services; (“prix minimal”)
“Minister” means the Minister of Consumer Services or any other member of the Executive Council to whom the responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)
“optional service” means, in respect of a wireless agreement, a wireless service for which the consumer is required to pay more than the minimum cost; (“service facultatif”)
“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)
“supplier” means a person who is in the business of selling, leasing or trading in goods or services or is otherwise in the business of providing goods or services, and includes an agent of the supplier and a person who holds oneself out to be a supplier or an agent of the supplier; (“fournisseur”)
“trade-in allowance” means the greater of,
(a) the price or value of the consumer’s goods or services as set out in a trade-in arrangement, and
(b) the market value of the consumer’s goods or services when taken in trade under a trade-in arrangement; (“valeur de reprise”)
“trade-in arrangement” means an arrangement under which a consumer agrees to sell his or her own goods or services to the supplier and the supplier accepts the goods or services as all or part of the consideration for supplying goods or services; (“convention de reprise”)
“wireless agreement” means an agreement between a supplier and a consumer in which the supplier agrees to provide wireless services that the consumer can access from a cellular phone, a smart phone or any other similar mobile device, whether or not the supplier agrees to provide goods to the consumer under the agreement. (“convention de services sans fil”) 2013, c. 8, s. 2.
Application of Act
3 (1) This Act applies in respect of all transactions relating to a wireless agreement if the transaction takes place on or after the day this Act comes into force and if the consumer or the person engaging in the transaction with the consumer is located in Ontario when the transaction takes place. 2013, c. 8, s. 3 (1).
(2) Despite subsection (1), this Act does not apply in respect of any transactions relating to a wireless agreement if, when the transaction takes place, the consumer is located in a jurisdiction other than Ontario that is designated by a Minister’s regulation made under subsection (4). 2013, c. 8, s. 3 (2).
(3) In subsections (1) and (2),
“transaction” means any act or instance of conducting business or other dealings with a consumer, including a wireless agreement. 2013, c. 8, s. 3 (3).
(4) The Minister may make regulations designating a jurisdiction other than Ontario for the purposes of subsection (2) if the jurisdiction has legislation that applies to the transaction and the Minister is of the opinion that the legislation provides protection to the consumer that is similar to the protection provided by this Act. 2013, c. 8, s. 3 (4).
(5) This Act ceases to apply to a wireless agreement if it is amended, renewed or extended on or after the day this Act comes into force and none of the parties is located in Ontario at the time it is so amended, renewed or extended. 2013, c. 8, s. 3 (5).
Non-application of Act
(6) Despite subsection (1), this Act does not apply to a wireless agreement at the time it is amended, renewed or extended if,
(a) the parties to the agreement entered into it on or after the day this Act comes into force;
(b) this Act did not apply to the agreement at the time that the parties entered into it; and
(c) the consumer under the agreement is not located in Ontario at the time the agreement is amended, renewed or extended. 2013, c. 8, s. 3 (6).
4 In determining whether this Act applies to an entity or agreement, a court or other tribunal shall consider the real substance of the entity or agreement and in so doing may disregard the outward form. 2013, c. 8, s. 4.
5 (1) In addition to the provisions of the Consumer Protection Act, 2002 that apply to a wireless agreement and the parties to it, sections 6, 7, 11, 12, 92, 94, 98 to 101, 103, 107 to 115 and 117 to 120 of that Act apply to a wireless agreement and the parties to it, reading,
(a) references to a consumer agreement as references to a wireless agreement;
(b) references to that Act as references to this Act;
(c) references to matters that are prescribed as references to matters prescribed under that Act; and
(d) references to the regulations in those provisions, except for section 92 of that Act, as references to the regulations made under that Act and the regulations made under this Act. 2013, c. 8, s. 5 (1).
(2) Despite the Consumer Protection Act, 2002, Part IV and sections 93, 95 and 96 of that Act do not apply to a wireless agreement if this Act applies to it as a result of section 3. 2013, c. 8, s. 5 (2).
(3) In the event of a conflict between this Act and the Consumer Protection Act, 2002, this Act prevails. 2013, c. 8, s. 5 (3).
Agreements not binding
6 (1) A wireless agreement is not binding on the consumer unless the agreement is made in accordance with this Act, the regulations made under this Act, the Consumer Protection Act, 2002 and the regulations made under that Act. 2013, c. 8, s. 6 (1).
Court may order consumer bound
(2) Despite subsection (1), a court may order that a consumer is bound by all or a portion or portions of a wireless agreement, even if the agreement has not been made in accordance with this Act, the regulations made under this Act, the Consumer Protection Act, 2002 and the regulations made under that Act if the court determines that it would be inequitable in the circumstances for the consumer not to be bound. 2013, c. 8, s. 6 (2).
Clear disclosure of information
7 If a supplier is required to disclose information to a consumer under this Act or the regulations made under it, the supplier shall disclose the information in a manner that is clear, comprehensible and prominent and shall deliver the information in a form in which the consumer can retain it. 2013, c. 8, s. 7.
8 (1) If information on the cost to a consumer is included in any advertising with respect to a wireless agreement, the supplier shall ensure that the information includes an all-inclusive cost, other than the harmonized sales tax payable under Part IX of the Excise Tax Act (Canada), that shows,
Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) comes into force. (See: 2013, c. 8, s. 23)
(a) the total cost payable by the consumer over the term of the agreement, if the agreement is for a fixed term;
(b) the minimum cost, if the agreement is for no fixed term; and
(c) all costs, if any, payable by the consumer under the agreement that are not periodic costs and that are payable in addition to the minimum cost and the harmonized sales tax, if the agreement is for no fixed term. 2013, c. 8, s. 8 (1).
(2) The supplier shall ensure that the all-inclusive cost is the most prominent cost information on the advertising. 2013, c. 8, s. 8 (2).
(3) If information on the cost to a consumer is included in any advertising with respect to a wireless agreement, the supplier shall not demand, request or accept payment from the consumer in excess of the all-inclusive cost, other than the harmonized sales tax payable under Part IX of the Excise Tax Act (Canada), shown in the advertising in respect of the offer that the consumer accepts. 2013, c. 8, s. 8 (3).
Supplier’s obligations before entering into agreement
9 (1) Before entering into a wireless agreement, a supplier shall bring to the attention of the consumer the information set out in paragraphs 2, 3, 5 and 7 to 19 of subsection 10 (1) and shall provide the consumer with an express opportunity to accept or decline the agreement and to correct errors in it. 2013, c. 8, s. 9 (1).
No overlapping agreements
(2) No supplier shall enter into more than one wireless agreement with any one consumer with respect to the same device if any part of the term of the agreements overlaps with each other. 2013, c. 8, s. 9 (2).
(3) If a supplier enters into a wireless agreement with a consumer that is contrary to subsection (2), the agreement is void. 2013, c. 8, s. 9 (3).
Disclosure in agreement
10 (1) A supplier under a wireless agreement shall ensure that the agreement is in writing and that it discloses the following information:
1. The name of the consumer.
2. The name of the supplier and, if different, the name under which the supplier carries on business.
3. The telephone number of the supplier, the address of the premises from which the supplier conducts business and information respecting other ways, if any, in which the consumer can contact the supplier, such as by contacting a fax number or an electronic mail address.