SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
October 31, 2023 09:00AM

I am delighted about this opportunity to express my support for the Better for Consumers, Better for Businesses Act, 2023. I’ll share my time with my colleague for Mississauga–Lakeshore

This proposed legislation is a significant step forward in enhancing consumer protection and ensuring a fair and transparent marketplace for both consumers and businesses in our great province of Ontario. In an ever-evolving world, it is crucial that our consumer protection laws keep pace with the changing landscape of commerce.

The last comprehensive review of consumer protection laws took place nearly two decades ago in 2005. Since then, our marketplace has undergone a substantial transformation with the advent of online shopping, the proliferation of apps and new modes of conducting business. It is high time that we update and strengthen our consumer protection framework to address the challenges and opportunities presented by this digital age.

This proposed legislation encompasses a wide array of initiatives aimed at enhancing consumer protection and supporting businesses in their compliance efforts. I would like to highlight several key aspects of the bill and the potential positive impact it can have on our consumers and businesses.

One of the most important aspects of this legislation is its commitment to tackling unfair business practices. It explicitly prohibits specific unfair practices such as price gouging and taking advantage of a consumer’s inability to understand contractual language. By doing so, we are sending a strong message that unscrupulous business practices will not be tolerated in our province. The bill also updates the list of prohibited false, deceptive or misleading representations, ensuring that customers are protected from false claims and deceptive practices by businesses.

The media repeatedly reported on the issue notice of security interests, called NOSIs, shedding light on the challenges faced by unsuspecting homeowners, including some in Markham–Unionville. A NOSI is a registration on the land registry system that serves to notify third parties that a lender or lessor has a vested interest in a fixture on the land. Fixtures can include essential home equipment such as water heaters or furnaces that are installed in the consumer’s home.

These NOSIs are a vital part of the business landscape, allowing companies to protect their interests in goods should the homeowner default on payment, decide to sell their property or refinance it. However, NOSIs can lead to misunderstanding and disputes. Some unscrupulous businesses have misused NOSIs as leverage when consumers attempt to sell their homes or seek to refinance their properties. These tactics can force consumers to pay excessive amounts to clear the NOSI from their property title or even compel them to engage in costly, time-consuming legal battles to have the NOSI discharged.

Over the years, I have heard from constituents in my riding that NOSIs were placed on homes without their knowledge, resulting in financial burdens far beyond the value of the rented equipment.

The Personal Property Security Act allows businesses to register NOSIs on the title to land. It also provides remedies when consumers have fulfilled their obligations related to the NOSI but the business has not discharged it. However, the process has always been fraught with complexities, leaving many consumers in precarious situations.

The proposed new legislation seeks to bring much-needed clarity and fairness to the matter of NOSIs. It aims to clarify a business’s obligations to discharge a NOSI under specific circumstances, ensuring businesses follow a transparent process. It also paves the way for consumers to receive assistance from the Ministry of Public and Business Service Delivery in enforcing a business’s obligation to discharge a NOSI.

This legislation acknowledges the vital role NOSIs play in the business landscape but is determined to prevent their misuse at the expense of unsuspecting consumers. It reinforces the need for clear and fair procedures and ensures that businesses act responsibly when registering and discharging NOSIs. This way, consumers can have confidence that their property rights are protected and they are not subjected to excessive costs or legal disputes when attempting to sell or refinance their homes.

The proposed legislation’s approach towards NOSIs demonstrates this government’s commitment to promoting fairness and transparency in the marketplace, ensuring that consumers are not unduly burdened by these security interests. It also represents a significant step forward in enhancing consumer protection and supporting businesses in adhering to these essential rules.

The Ministry of Public and Business Service Delivery is actively seeking public input on addressing and reducing the harmful and inappropriate use of NOSIs against unsuspecting consumers. I greatly appreciate this engagement with the public and stakeholders as it demonstrates this government’s commitment to creating a fair and just marketplace.

This bill addresses another issue that many homeowners in Ontario have faced, that is, predatory practices by some suppliers leasing equipment to homeowners. It establishes specific rules for long-term leases of home-comfort appliances such as heating, ventilation and air conditioning systems. These purchase-cost-plus leases are often a source of frustration for homeowners who wish to exit their contracts. This legislation establishes a 10-day cooling-off period and sets limits on termination costs for these leases, providing homeowners with greater protection.

The proposed legislation prohibits businesses from including terms in contracts that deter consumers from publishing reviews or billing consumers in response to the content of reviews. This promotes transparency and accountability in the marketplace.

This legislation is not just about protecting consumers; it’s also about supporting businesses in their efforts to comply with consumer protection rules. It introduces a single set of core rules that apply to most consumer contracts, whether for online or in-person purchases. This will simplify compliance and reduce the administrative burden for businesses.

The proposed amendments to the Consumer Reporting Act will enable consumers to assess their credit information and credit scores electronically once a month, providing them with valuable insights into their financial health.

By strengthening consumer protection and promoting fair business practices, we can boost consumer confidence, boost economic growth and create a marketplace where all stakeholders can thrive. I urge all members to join me in supporting this legislation, which will make Ontario a better place for consumers and businesses alike.

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I was very intrigued by the member from Mississauga–Lakeshore’s comments, and I appreciate the fact that Equifax is on board with this. In my previous life, I dealt with credit reports on a regular basis, and I’m really happy to see that this is going to be accessible to the public because it does truly make a difference when people have to make that purchase and move forward with their lives, which is what we want all Ontarians to be able to do.

But speaking of this, could I ask the member exactly what kind of unfair business practices Ontarians are being targeted and victimized by? And just maybe circle around this issue of people’s rating in Equifax; I’m actually, honestly, really interested. What are the most heinous and preventable offences that Ontarians are facing, as well as weak consumer protection rules, and how is this proposed legislation going to address them?

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  • Oct/31/23 10:40:00 a.m.

Just the opposite, Speaker: We’re not sitting on our hands. In fact, we are getting the job done across the province of Ontario. She talks about minister’s zoning orders. The Premier talked about it: Minister’s zoning orders will ensure that we have the largest long-term-care home in the country built in Mississauga. You know what else it will mean? It will mean the largest hospital in the country in Mississauga.

So, the Leader of the Opposition would like us to close down 600 beds for seniors. She’d like us to stop construction of the largest hospital in the country. She’d like us to put down the shovels on the social housing that is being built within the city of Toronto. She would like us to stop the subways that are being built. She would like us to stop the GO trains that are being built across the province of Ontario. And she would like us to stop building homes for people of the province of Ontario who have one dream. The dream is to come to this province, or if you’re already here, to get out of your parents’ basement so that you can have the same dream as everybody else.

We won’t stop. We’ll get the job done.

Surrounding the Leader of the Opposition are members who vote against housing; they vote against transit and transportation in their riding. It is a caucus that is divided, and the Leader of the Opposition will do anything to distract from the divisions in her own caucus. We will move forward on building a bigger, better, stronger province of Ontario because that’s what the people need, and we won’t let them down.

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