Bill 23

Bill 231999

An Act to amend the Consumer Protection Act, 1998

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 (1) The definition of "unsolicited goods" in subsection 36 (1) of the Consumer Protection Act is repealed.

(2) Subsections 36 (3) and (4) of the Act are repealed and the following substituted:

No action for payment

(3) No action shall be brought by which to charge any person in respect of goods or services that were furnished to the person and that he or she did not request unless,

(a)the person knows or ought to know that the goods or services are intended for another person; or

(b)the goods or services are supplied under a contract in writing to which the person is a party that provides for the periodic supply of goods or services to the person without further solicitation.

No deemed request

(4) For the purposes of subsection (3), a person shall not be deemed to have requested goods or services merely because some time has passed since the delivery of the goods or services and the person has not made any effort to return or refuse the goods or services.

Application

(5) Subsection (3) applies despite any use or misuse of the furnished goods or services by the person to whom they were furnished or any benefit the person may have derived from the goods or services and despite any loss, damage or theft of such goods.

Relief from legal obligations

(6) 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, 1999.

EXPLANATORY NOTE

The purpose of this Bill is to extend the scope of section 36 of the Consumer Protection Act to protect consumers from the practice of "negative option billing" with respect to the provision of services. Currently the section only applies to the provision of goods.