Bill 73 2001

An Act to amend the
Electricity Act, 1998
to protect consumers

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

1. The Electricity Act, 1998 is amended by adding the following section:

No direct marketing of electricity
to consumers

26.1 (1) Until the date prescribed by the regulations, no person shall communicate directly with a consumer, except at the consumer's request, about the proposed future sale of electricity, by the person or by another on whose behalf the person acts, to the consumer in a competitive electricity market.

Offence

(2) A person who contravenes subsection (1) is guilty of an offence and liable, on conviction, to a fine of not more than $5,000.

Voidable contract

(3) If a contract for the future sale of electricity to a consumer is made in connection with a contravention of subsection (1), the consumer is entitled to avoid the contract, at any time before subsection 26 (1) comes into force, by notifying the seller that the consumer does not intend to be bound by the contract.

Regulations

(4) The Lieutenant Governor in Council may, by regulation, prescribe a date for the purposes of subsection (1).

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 Electricity Amendment Act (Consumer Protection), 2001.

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EXPLANATORY NOTE

The Bill amends the Electricity Act, 1998 to protect consumers by prohibiting, until a date to be prescribed by regulation, the unsolicited marketing of electricity to consumers in connection with the opening of the electricity market. Consumers are entitled to invalidate any contracts made in connection with a breach of the prohibition.