Proposed regulation under the Wireless Services Agreements Act, 2013
Regulation - LGIC
Bill or Act:
Wireless Services Agreements Act, 2013
Summary of Decision:
The regulation was filed with the Registrar of Regulations May 6, 2016.
November 30, 2015
Summary of Proposal:
The Wireless Services Agreements Act, 2013 (the Act) came into force April 1, 2014. You may view a copy of the Act and current regulation at:
Several regulation measures are being proposed to assist in implementing the Act by amending Regulation 55/14, which provides interpretative guidance.
The Ministry of Government and Consumer Services seeks your input on these proposals, which you may view in the attached draft regulation amendment.
The regulation currently assists in interpreting what "located in Ontario" means in cross-border situations and no changes are proposed to this provision, which would become s.2(1) of the revised regulation.
The proposed clarifying amendments are, in summary:
Section 1 - For the purposes of the definition of "trade-in allowance" in section 2 of the Act, the supplier could establish the market value of the goods mentioned in that clause as the price or value of those goods that a third party, who is not the consumer or the supplier, is prepared to pay the supplier for those goods.
Subsection 2(2) - The Act would not apply to a wireless agreement under which the supplier agrees to provide wireless services on a prepayment basis. The Act deals with a number of issues, such as penalty charges to end contracts, which do not arise in prepaid contracts.
Subsection 3 - An exemption from obtaining consent for changes would apply to non-material changes to a contract initiated by a supplier. In this case the supplier would be exempt from the obligation to provide a copy of the agreement as amended so long as clear, comprehensible and prominent notice is given of the change and the change does not increase the consumer's obligations under the contract.
Subsection 4 - For contract changes initiated by a consumer, the obligation under section 13 of the Act, to provide the consumer with a copy of a contract as amended could be satisfied by providing the consumer with an update to the information changed if, when read with the copy of the agreement initially provided to the consumer, the update provides a clear, comprehensible and prominent disclosure of the changes that have been made.
The update would have to always clearly set out what the current minimum cost is as well as the costs for all services as agreed whether existing, amended or added to the agreement.
Section 5 - It would be further clarified that renewal of fixed term agreements in accordance with subsection 14 (2) of the Act, or the continuation of a periodic agreement such as a month to month agreement, do not constitute a new wireless agreement requiring a new copy of agreement if the renewal makes no changes to the agreement, nor would the mere exercising of a device purchase option constitute a new or amended agreement.
You may view the full text of the proposed regulation below.
The ministry welcomes feedback and encourages anyone interested to provide comments on its proposal.
Ministry of Consumer and Government Services
777 Bay Street, 5th Floor
Toronto, ON M7A 2J3
Attention: Wireless Services Agreements Act Regulation Consultation
July 1, 2016