Consumer Protection Amendment Act, 1996

EXPLANATORY NOTE

The purpose of the Bill is to extend the scope of protection provided to consumers under the Consumer Protection Act to include protection from the practice of "negative option billing" with respect to the provision of services.

Bill1996

An Act to amend the Consumer Protection Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. (1) The definition of "unsolicited goods" in subsection 36 (1) of the Consumer Protection Act is repealed and the following substituted:

"unsolicited goods or services" means personal property or services furnished to a person who did not request them and a request shall not be inferred from inaction or the passing of time alone, but does not include,

(a) personal property or services that the recipient knows or ought to know are intended for another person, or

(b) personal property or services supplied under a contract in writing to which the recipient is a party that provides for the periodic supply of personal property or services to the recipient without further solicitation. ("marchandises ou services non sollicités")

(2) Subsections 36 (3) and (4) of the Act are repealed and the following substituted:

Use of unsolicited goods or services

(3) No action shall be brought by which to charge any person for payment in respect of unsolicited goods or services notwithstanding their use, misuse, loss, damage or theft.

Relief from legal obligations

(4) Except as provided in this section, the recipient of unsolicited goods or services, or of a credit card that has not been requested or accepted in accordance with subsection (2), has no legal obligation in respect of their use or disposal.

Commencement

2. This Act comes into force on the day it receives Royal Assent.

Short title

3. The short title of this Act is the Consumer Protection Amendment Act, 1996.