Regulation - LGIC
Implementing the Wireless Services Agreements Act, 2013
Regulation Number(s):
New Regulation Not Numbered
Regulation 17/05
Regulation 17/05
Instrument Type:
Regulation - LGIC
Bill or Act:
Wireless Services Agreements Act, 2013
Summary of Decision:
The regulation was filed with the Registrar of Regulations March 10, 2014.
http://www.e-laws.gov.on.ca/html/source/regs/english/2014/elaws_src_regs_r14055_e.htm
http://www.e-laws.gov.on.ca/html/source/regs/english/2014/elaws_src_regs_r14058_e.htm
http://www.e-laws.gov.on.ca/html/source/regs/english/2014/elaws_src_regs_r14056_e.htm
http://www.e-laws.gov.on.ca/html/source/regs/english/2014/elaws_src_regs_r14055_e.htm
http://www.e-laws.gov.on.ca/html/source/regs/english/2014/elaws_src_regs_r14058_e.htm
http://www.e-laws.gov.on.ca/html/source/regs/english/2014/elaws_src_regs_r14056_e.htm
Further Information:
Proposal Number:
13-MCS014
Posting Date:
December 13, 2013
Summary of Proposal:
The Wireless Services Agreements Act, 2013 (the Act) is expected to come into force April 1, 2014. You may view a copy of the Act at:
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_13w08_e.htm
Three regulation measures are being proposed to assist in implementing the Act.
The Ministry of Consumer Services seeks your input on proposals to make two regulations under the Act and a related amendment to the existing regulation under the Consumer Protection Act, 2002 (CPA).
These three items are as follows:
1. A definition of "located in Ontario" as used in section 3 to clarify the application of the Act when consumers are located outside Ontario.
The proposed outcome is that a business would not be subject to the Ontario law when dealing with consumers in other jurisdictions if the business has a presence in that other jurisdiction and the contact with Ontario is a call centre or similar activity facilitating the transaction.
This would be accomplished by a definition such as:
"located in Ontario", with respect to a person engaging in a transaction, as defined in subsection 3 (3) of the Act, with a consumer who is located in a jurisdiction other than Ontario, does not include a person who is also located in that jurisdiction, even if the transaction is facilitated by or through a location in Ontario.
2. A list of jurisdictions designated for the purpose of subsection 3(2) of the Act (provinces with similar legislation)
A Minister's Regulation would recognize those provinces with similar legislation protecting consumers in wireless services agreements. The Act would not apply to consumers in those provinces when they deal with an Ontario business, pursuant to subsection 3(2) of the Act.
The jurisdictions that are proposed to be set out in the Minister's Regulation are Manitoba, Newfoundland and Labrador, Nova Scotia and Québec.
3. The addition of the Act to the list of statutes that are included under the Consumer Protection Act's regulation establishing the Consumer Beware List.
An amending regulation would revise Regulation 17/05 under the CPA to add the Act to the list of statutes in respect of which information may be posted to the Consumer Beware list. This regulation would add the Wireless Services Agreements Act, 2013 to the lists of acts in sections 88, 90 and subsection 90(1).
You may view the existing CPA regulation at:
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_050017_e.htm
The ministry welcomes feedback and encourages anyone interested to provide comments on its proposal.
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_13w08_e.htm
Three regulation measures are being proposed to assist in implementing the Act.
The Ministry of Consumer Services seeks your input on proposals to make two regulations under the Act and a related amendment to the existing regulation under the Consumer Protection Act, 2002 (CPA).
These three items are as follows:
1. A definition of "located in Ontario" as used in section 3 to clarify the application of the Act when consumers are located outside Ontario.
The proposed outcome is that a business would not be subject to the Ontario law when dealing with consumers in other jurisdictions if the business has a presence in that other jurisdiction and the contact with Ontario is a call centre or similar activity facilitating the transaction.
This would be accomplished by a definition such as:
"located in Ontario", with respect to a person engaging in a transaction, as defined in subsection 3 (3) of the Act, with a consumer who is located in a jurisdiction other than Ontario, does not include a person who is also located in that jurisdiction, even if the transaction is facilitated by or through a location in Ontario.
2. A list of jurisdictions designated for the purpose of subsection 3(2) of the Act (provinces with similar legislation)
A Minister's Regulation would recognize those provinces with similar legislation protecting consumers in wireless services agreements. The Act would not apply to consumers in those provinces when they deal with an Ontario business, pursuant to subsection 3(2) of the Act.
The jurisdictions that are proposed to be set out in the Minister's Regulation are Manitoba, Newfoundland and Labrador, Nova Scotia and Québec.
3. The addition of the Act to the list of statutes that are included under the Consumer Protection Act's regulation establishing the Consumer Beware List.
An amending regulation would revise Regulation 17/05 under the CPA to add the Act to the list of statutes in respect of which information may be posted to the Consumer Beware list. This regulation would add the Wireless Services Agreements Act, 2013 to the lists of acts in sections 88, 90 and subsection 90(1).
You may view the existing CPA regulation at:
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_050017_e.htm
The ministry welcomes feedback and encourages anyone interested to provide comments on its proposal.
Contact Address:
Wireless Services Agreements Act Consultation
Consumer Policy and Liaison Branch
Ministry of Consumer Services
5th Floor, 777 Bay Street
Toronto, ON M7A 2J3
Consumer Policy and Liaison Branch
Ministry of Consumer Services
5th Floor, 777 Bay Street
Toronto, ON M7A 2J3
Effective Date:
April 1, 2014
Decision:
Approved