Energy Consumer Protection Act, 2010, S.O. 2010, c. 8

• Jurisdiction: Ontario

Energy Consumer Protection Act, 2010

S.O. 2010, CHAPTER 8

Consolidation Period: From October 1, 2020 to the e-Laws currency date.

Last amendment: 2019, c. 6, Sched. 2, s. 30.

CONTENTS

PART I
GENERAL

Definitions and powers of Minister

Definitions

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 proprietorship, partnership, including a limited partnership, trust or body corporate, or an individual in his or her capacity as a trustee, executor, administrator or other legal representative or such other class of persons as may be prescribed; (“personne”)

“prescribed” means prescribed by regulation made under this Act; (“prescrit”)

“regulations” means the regulations made under this Act. (“règlements”) 2010, c. 8, s. 1 (1); 2011, c. 9, Sched. 27, s. 24 (1).

Powers of Minister

(2) The Minister may,

(a) disseminate information for the purpose of educating and advising energy consumers; and

(b) provide information to energy consumers about the use of alternate dispute resolution techniques as a means of resolving disputes arising out of contracts for the supply of energy and other related transactions. 2010, c. 8, s. 1 (2).

Delegation of powers

(3) The Minister may delegate in writing any of his or her powers under subsection (2) to the Deputy Minister of Energy or to any persons employed in a specified capacity in the Ministry. 2010, c. 8, s. 1 (3); 2011, c. 9, Sched. 27, s. 24 (2).

Same

(4) The Deputy Minister of Energy may in writing delegate any of the powers delegated to the Deputy Minister by the Minister under subsection (3) to any person employed in a specified capacity in the Ministry. 2010, c. 8, s. 1 (4); 2011, c. 9, Sched. 27, s. 24 (3).

Powers and duties of Board re energy consumers

(5) Nothing in this Act abrogates or derogates from the powers and duties of the Ontario Energy Board as they apply in respect of energy consumers as provided under the Ontario Energy Board Act, 1998. 2010, c. 8, s. 1 (5).

Definition, energy consumer

(6) For the purposes of subsections (2) and (5),

“energy consumer” means a consumer as defined in section 2 and a consumer as defined in section 31. 2010, c. 8, s. 1 (6).

Section Amendments with date in force (d/m/y)

2011, c. 9, Sched. 27, s. 24 (1-3) - 06/06/2011

PART II
Electricity Retailing and Gas marketing

Definitions

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 consumer in the purchase of gas,

and “gas marketing” has a corresponding meaning; (“agent de commercialisation de gaz”, “commercialisation de gaz”)

“retail”, with respect to electricity, means,

(a) to sell or offer to sell electricity to a consumer,

(b) to act as agent or broker for a retailer with respect to the sale or offering for sale of electricity, or

(c) to act or offer to act as an agent or broker for a consumer with respect to the sale or offering for sale of electricity,

and “retailing” has a corresponding meaning; (“vendre au détail”, “vente au détail”)

“retailer” means a person who retails electricity, but does not include a distributor, a suite meter provider or such other persons as may be prescribed; (“détaillant”)

“salesperson” means,

(a) in respect of gas marketing, a person who, for the purpose of effecting sales of gas or entering into agency agreements with consumers, conducts gas marketing on behalf of a gas marketer or makes one or more representations to one or more consumers on behalf of a gas marketer, whether as an employee of the gas marketer or not, and

(b) in respect of the retailing of electricity, a person who, for the purpose of effecting sales of electricity or entering into agency agreements with consumers, conducts retailing of electricity on behalf of a retailer or makes one or more representations to one or more consumers on behalf of a retailer, whether as an employee of the retailer or not; (“vendeur”)

“supplier” means a retailer or gas marketer; (“fournisseur”)

“text-based” means text capable of being read by an individual and in such form, format or medium as may be prescribed, but does not include any form, format or medium that may be prescribed as excluded. (“textuel”) 2010, c. 8, s. 2.

Application

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 action in the Superior Court of Justice arises, the consumer, the supplier and any other person involved in the dispute may agree to resolve the dispute using any procedure that is available in law. 2010, c. 8, s. 3 (4).

Settlements or decisions

(5) A settlement or decision that results from the procedure agreed to under subsection (4) is as binding on the parties as such a settlement or decision would be if it were reached in respect of a dispute concerning a contract or agreement to which this Part does not apply. 2010, c. 8, s. 3 (5).

Non-application of Arbitration Act, 1991

(6) Subsection 7 (1) of the Arbitration Act, 1991 does not apply in respect of any proceeding to which subsection (3) applies unless, after the dispute arises, the consumer agrees to submit the dispute to arbitration. 2010, c. 8, s. 3 (6).

Class proceedings

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 decision would be if it were reached in respect of a dispute concerning a contract or agreement to which this Part does not apply. 2010, c. 8, s. 4 (3).

Non-application of Arbitration Act, 1991

(4) Subsection 7 (1) of the Arbitration Act, 1991 does not apply in respect of any proceeding to which subsection (1) applies unless, after the dispute arises, the consumer agrees to submit the dispute to arbitration. 2010, c. 8, s. 4 (4).

Rights of consumers preserved

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).

Interpretation: ambiguities to benefit consumers

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.

Interpretation, in writing

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...