R.S.O. R.S.O. 1990, c.�D.12, s.�3. R.S.O. x. a representation that a specific price advantage exists, if it does not. iii. (1)  The Lieutenant Governor in Council may make regulations. (2)  No person to whom subsection (1) applies shall be required to give testimony in any civil suit or proceeding with regard to information obtained by the person in the course of his or her duties, employment, inquiry, inspection or investigation except in a proceeding under this Act or the regulations. R.S.O. R.S.O. G, s. 22; HYPERLINK "http://www.ontario.ca/laws/statute/S01009" \l "schedds13" 2001, c. 9, Sched. G, s. 22 (1) - 01/04/2000 HYPERLINK "http://www.ontario.ca/laws/statute/S01009" \l "schedds13" 2001, c. 9, Sched. � (3)  Where a corporation is convicted of an offence under subsection (1) or (2), the maximum penalty that may be imposed upon the corporation is $100,000 and not as provided therein. that there is no reasonable probability of payment of the obligation in full by the consumer. ��ࡱ� > �� � � ���� � � ���������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������� � �� �j bjbj���� :� �� �� �b �� �� �� � 4V 4V �c �c �c �c �c ���� �c �c �c 8 �c d >d L �c kp �d � tf �f �f �f eg sg g �o �o �o �o �o �o �o $ sr � %u $ p �c �g eg eg �g �g p �c �c �f �f � %p Wj Wj Wj �g T �c �f �c �f �o Wj �g �o Wj Wj �m � No �f ���� pA�t�� ���� �h �n �o ;p 0 kp �n � Iv �h � Iv 4 No Iv �c No � �g �g Wj �g �g �g �g �g p p �i � �g �g �g kp �g �g �g �g ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� Iv �g �g �g �g �g �g �g �g �g 4V Tb : HYPERLINK "http://www.ontario.ca/fr/lois/loi/90d12" Fran�ais Discriminatory Business Practices Act R.S.O. h�r� 0J} �j� hU\ hU\ 0J} U Some examples of discriminatory business practices include: • Directly or indirectly refusing to employ someone based on a protected ground (in this case, disability) the person on the other side of the 'consumer agreement' or contract), and in fact most of them relate to behaviour engaged in before a … 14. Discriminatory business practices prohibited 5 (1)��No person in Ontario shall engage in a discriminatory business practice. a representation using exaggeration, innuendo or ambiguity as to a material fact or failing to state a material fact if such use or failure deceives or tends to deceive. 1990, c.�D.12, s.�7�(3); 2019, c. 7, Sched. TRUST AND LOAN COMPANIES ACT. Any notice or document required by this Act to be served or given may be served or given personally or by registered mail addressed to the person to whom notice is to be given at the person’s last known address and, where notice is served or given by mail, the service shall be deemed to have been made on the fifth day after the day of mailing unless the person to whom notice is given establishes that, acting in good faith, through absence, accident, illness or other cause beyond his, her or its control the notice was not received or it was not received until a later date. 18, s. 2. Variation or rescission of order (2)��A person against whom an order has been made under subsection�(1) may apply to a judge of the Superior Court of Justice for an order varying or rescinding the order made under subsection�(1). a representation that the goods are new, or unused, if they are not or are reconditioned or reclaimed, provided that the reasonable use of goods to enable the seller to service, prepare, test and deliver the goods for the purpose of sale shall not be deemed to make the goods used for the purposes of this subparagraph. R.S.O. E, s. 6 (3) - 30/07/2005 Certificate of Director as evidence 14 A copy of an order or assurance of voluntary compliance purporting to be certified by the Director is, without proof of the office or signature of the Director, receivable in evidence as proof in the absence of evidence to the contrary of the facts stated therein for all purposes in any action, proceeding or prosecution. “business premises” does not include a dwelling; (“locaux commerciaux”), “consumer” means a natural person but does not include a natural person, partnership or association of individuals acting in the course of carrying on business; (“consommateur”). E, s. 41 (2). Order for immediate compliance (3)��Despite subsection (2), the Director may make an order under subsection (1) to take effect immediately if, in the Director�s opinion, to do so is necessary for the protection of the public or of any person and in such case subsections 112 (2) to (6) of the Consumer Protection Act, 2002 apply with necessary modifications and, subject to subsections 112 (3), (4) and (5) of that Act, the order takes effect immediately. These provisions are not limited in application just to suppliers (ie. Under the BC Business Practices and Consumer Protection Act, for example, certain penalties, such as AMPs or penalties ordered by the court, are deposited into the Consumer Advancement Fund. � 1990, c. B.18, s. 4 (1). 1990, c.�D.12, s.�4�(2). 2002, c.�30, Sched.�E, s.�6�(2); 2004, c.�19, s.�8�(1). We are NOT closed. E, s. 6 (1) - 30/07/2005 Assurance of voluntary compliance 7 (1)��Any person against whom the Director proposes to make an order to comply with section�5 may enter into a written assurance of voluntary compliance in a form that the Director may prescribe undertaking not to engage in the specified discriminatory business practice or other contravention of section�5 after the date thereof. R.S.O. and for the purposes of the inquiry, the person making the investigation has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such inquiry as if it were an inquiry under that Act. E, s. 41 (3). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. R.S.O. 1990, c. B.18, s. 11 (8). Business Practices and Consumer Protection Act D, s. 13, 14; HYPERLINK "http://www.ontario.ca/laws/statute/S02030" \l "schedes6s1"2002, c. 30, Sched. 1990, c.�D.12, s.�5�(4). 1990, c. B.18, s. 6 (7). As a Enforcement of right (2)��The right to compensation mentioned in subsection�(1) may be enforced by action in a court of competent jurisdiction. (1)  No person shall engage in an unfair practice. 1990, c. B.18, s. 12 (3); 2001, c. 9, Sched. 1990, c. B.18, s. 9 (1). Arab League countries were … Section Amendments with date in force (d/m/y) HYPERLINK "http://www.ontario.ca/laws/statute/S02030" \l "schedes6s2" 2002, c. 30, Sched. R.S.O. � Section Amendments with date in force (d/m/y) HYPERLINK "http://www.ontario.ca/laws/statute/S02030" \l "schedes6s4" 2002, c. 30, Sched. 3. R.S.O. Undertakings (3)��An assurance of voluntary compliance may include such undertakings as are acceptable to the Director and the Director may receive a bond and collateral therefor as security for the reimbursement of the Minister of Finance for investigation and other costs in such amount as is satisfactory to the Director. 1990, c.�D.12, s.�10�(1). R.S.O. Unfair Business Practices Forbidden By Consumer Protection Law Including Statutory Rights Protecting Consumers From Improper Conduct Including False Representations, among other things. 1990, c. B.18, s. 17 (4). R.S.O. Deemed service, registered mail (2)��If service of a notice or document is made by registered mail, the service is deemed to have been made on the fifth day after the day of mailing unless the person on whom the service is being made establishes that the person, acting in good faith, through absence, accident, illness or other cause beyond the person�s control, did not receive the notice or document or did not receive it until a later date. The Consumer Protection Act defines unfair practices, makes it very clear “misrepresentation” is not allowed, sets serious penalties for breaches and gives consumers real recourse if they have been misled. E, s. 6 (2) - 30/07/2005 HYPERLINK "http://www.ontario.ca/laws/statute/S06034" \l "s11s3" 2006, c. 34, s. 11 (3) - 01/04/2007 Seizure of things not specified 8.2��An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations. Ontario Regulation 493/17, Food Premises (FPR) (pursuant to the Health Protection and Promotion Act R.S.O. 1990, c.�D.12, s.�15�(2). It has been accepted for inclusion in Ontario: Revised Statutes by an authorized administrator of Osgoode Digital Commons. R.S.O. (5)  No proceeding under this section shall be commenced more than two years after the time when the subject-matter of the proceeding arose. Applicability of s. 107, Consumer Protection Act, 2002 (4)��Subsections 107 (5), (9), (10), (11) and (12) of the Consumer Protection Act, 2002 apply with necessary modifications to a search under this section. a representation that the goods are of a particular standard, quality, grade, style or model, if they are not. 1990, c.�D.12, s.�2. The business and billing practices of the person who provides or offers to provide the goods or services. This document sets out the Business Plan for Tribunals Ontario for the three fiscal years commencing April 1, 2020 and ending … 1990, c. B.18, s. 11 (5). ' 1990, c.�D.12, s.�7�(4). R.S.O. Section Amendments with date in force (d/m/y) HYPERLINK "http://www.ontario.ca/laws/statute/S19007" \l "sched18s1" 2019, c. 7, Sched. G, s. 14 (1); 2001, c. 9, Sched. It applies to consumer transactions if either the consumer or the supplier is … hEw 0J} �j hEw UhEw j hEw U B h � � - � d � ~ � � � � u � S m r � � � � � � � � � � � � � � � � � � � � � � � � � � gd� � $ a$ gd9� gd�u� * � gdEF gd{2\ gdEw � � � � � � � � (3)  No person shall obstruct a person appointed to make an investigation under this section or withhold from him or her or conceal or destroy any books, papers, documents or things relevant to the subject-matter of the investigation. (a) a personal bond accompanied by collateral security; (b) a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance; (c) a bond of a guarantor, other than an insurer referred to in clause (b), accompanied by collateral security. viii. R.S.O. ix. xii. 2002, c.�30, Sched.�E, s.�6�(2); 2004, c.�19, s.�8�(1). 1990, c. B.18, s. 4 (3). is a condition of the engaging in business of the person making the refusal and another person. 1999, c. 12, Sched. The Consumer Protection Act (CPA) prohibits particular market behaviours which it calls "unfair practices" [CPA 17(1,2)]. 3. No amending legislation available on CanLII. 18, s. 1. Covered under the Ministry of Government and Consumer Services. See: 1998, c. 18, Sched. R.S.O. 1990, c. B.18, s. 17 (5). R.S.O. 1990, c. B.18, s. 9 (2). � R.S.O. 15. Since May 11, 2008. vii. 1990, c. B.18, s. 6 (4). 2002, c. 30], (the “Act… � (1)  Any person against whom the Director proposes to make an order to comply with section 3 may enter into a written assurance of voluntary compliance in the prescribed form undertaking to not engage in the specified unfair practices after the date thereof. is a party to the offence unless the director, officer, servant or agent satisfies the court that he, she or it did not authorize, permit or acquiesce in the offence. This is the English version … � R.S.O. 2019, c. 7, Sched. R.S.O. (a) as may be required in connection with the administration of this Act and the regulations or any proceedings under this Act or the regulations; (b) to his or her counsel or to the court in any proceeding under this Act or the regulations; (c) to inform the consumer involved of an unfair practice and of any information relevant to the consumer’s rights under this Act; or. Note: Despite the repeal of clause (e) by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 41 (1), regulations made under clause (e), as that clause read immediately before December 18, 1998, continue until the Minister makes an order under section 15.1 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 40, that is inconsistent with those regulations. E, ss. hJf� 0J~ hJf� 6� h�u� 5� hJf� 5�hJf� h. 1990, c.�D.12, s.�5�(6). (1)  Where, upon a statement made under oath, the Director believes on reasonable and probable grounds that any person is contravening or is about to contravene any of the provisions of this Act or regulations or an order or assurance of voluntary compliance made or given pursuant to this Act, the Director may by order appoint one or more persons to make an investigation as to whether such a contravention of the Act, regulation, order or assurance of voluntary compliance has occurred and the person appointed shall report the result of the investigation to the Director. E, s. 6 (2) - 30/07/2005 HYPERLINK "http://www.ontario.ca/laws/statute/S06034" \l "s11s2" 2006, c. 34, s. 11 (2) - 01/04/2007 Search warrant 8.1��(1)��Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there is reasonable ground for believing that, (a) a person has contravened or is contravening this Act or the regulations; and (b) there is, (i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations, or (ii) information or evidence relating to the contravention of this Act or the regulations that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant. Section Amendments with date in force (d/m/y) HYPERLINK "http://www.ontario.ca/laws/statute/S02030" \l "schedes6s2" 2002, c. 30, Sched. 1990, Chapter H.7) is an outcome-based regulation to address current and emerging evidence-based food handling practices. The Financial Services Regulatory Authority of Ontario (FSRA) launched a 90-day public consultation on Friday, December 18, seeking feedback from insurance consumers, industry and other stakeholders on its first proposed insurance rule: the draft Unfair or Deceptive Acts or Practices (UDAP) rule (UDAP Rule). Where Act does not apply 3 This Act does not apply to: 1. Disqualification of person supporting boycott 10 (1)��Every person against whom an order is made under section 6 or 11 or who is convicted of an offence under clause 16�(1)�(d) or (e) is ineligible to enter into a contract to provide goods or service to the Crown or any agency of the Crown for a period of five years from the date of the making of the order or of the conviction, as the case may be. R.S.O. R.S.O. Idem (3)��Where designated information is sought or agreed to be sought from a second person or is provided or agreed to be provided to a second person, the designated information shall be deemed to be sought, agreed to be sought or to be provided or agreed to be provided, as the case may be, for the purpose of engaging in or assisting in engaging in a discriminatory business practice unless the person that so acted establishes that it is sought, agreed to be sought or is provided or agreed to be provided for another purpose. 1990, c. B.18, s. 17 (3). 1990, c. B.18, s. 7 (5). R.S.O. (6)  The Tribunal may attach such terms and conditions to its order as it considers proper to give effect to the purposes of this Act. 1990, c. B.18, s. 11 (4). Order to cease discriminatory business practice or contravention of s.�5 6 (1)��Where the Director has reason to believe that a person is engaging or has engaged in a discriminatory business practice or is contravening or has contravened subsection 5�(2), (4), (5) or (8), the Director may order the person to comply with section�5 in respect of the discriminatory business practice or the contravention specified in the order. n SERVICE PROVIDERS - STANDARDS FOR BUSINESS SYSTEMS AND PRACTICES AND OTHER PRESCRIBED CONDITIONS. Discriminatory business practices 4 (1)��For the purposes of this Act, the following shall be deemed to be discriminatory business practices: 1. (2) In determining whether an act or practice is unconscionable, a court must consider all of the surrounding circumstances of which the supplier knew or ought to have … 2002, c.�30, Sched.�E, s.�6�(2); 2004, c.�19, s.�8�(1). i. 1990, c. B.18, s. 17 (2). � R.S.O. Registration 2009-09-09. Credit Business Practices (Banks, Authorized Foreign Banks, Trust and Loan Companies, Retail Associations, Canadian Insurance Companies and Foreign … 1990, c. B.18, s. 4 (4). 1980: Iss. R.S.O. Although agencies across the province have modified their business practices to respond to health and safety concerns, their core protection services continue. 1990, c.�D.12, s.�4�(1). (2)  Every person who engages in an unfair practice other than an unfair practice prescribed by a regulation made under clause 16 (1) (c), knowing it to be an unfair practice is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both. 2002, c.�30, Sched.�E, s.�6�(2); 2004, c.�19, s.�8�(1). R.S.O. (8)  This section applies despite any agreement or waiver to the contrary. 10, s. 5; HYPERLINK "http://www.ontario.ca/laws/statute/S19007" \l "sched18s1"2019, c. 7, Sched. 1990, c. B.18, s. 7 (3). 1990, c. B.18, s. 1; 1999, c. 12, Sched. E, s. 40. 2019, c. 7, Sched. Application of Consumer Protection Act, 2002 (2)��If the Director proposes to make an order under subsection�(1), subsections 111�(2) to (7) of the Consumer Protection Act, 2002 apply with necessary modifications. vi. Just like employers, unions are prohibited from committing unfair labour practices. 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