The Ontario government has introduced the Better for Consumers, Better for Businesses Act, which will enact the Consumer Protection Act, 2023 (new CPA) if passed. Senior counsel and co-head of the firm's Consumer Protection practice Brigitte Goulardspoke with the QP Briefing on this development.
In her interview, Brigitte said that she didn't notice any significant differences when comparing the existing and proposed legislation.
"There are some new things, but they're not as new or as transformativeas the impression the backgrounder gave. That's why I think it's very important to really understand the nuances about what the government is suggesting," Brigitte said.
The wording variations in the proposed CPA will take time to comprehend, which raised the question for Brigitte: "does the fact that now they're referring to similar goods from similar suppliers, rather than readily available, make it easier or harder for consumers to refer to this provision?"
Read: Ontario's new Consumer Protection Act : better for consumers and better for businesses?
On the other hand, Brigitte noted the simplification of the new text as a positive outcome. For example, various contracts could potentially be consolidated depending on the requirements of a consumer's purchase.
"[I think the government is] preparing a single set of rules that would apply to all of the consumer contracts, rather than having what they currently have, which is different sections in different rules applying to different types of contracts. I think that is a big advantage for consumers, in the sense that right now, it would be impossible for a regular person to understand the rules that apply," she added.
Another positive aspect of the proposed CPA is that consumers could have more access to their credit reports and have the ability to correct or amend them—this is something that has frustrated consumers to date.
Brigitte continued, warning that stringent consumer protection laws could be harmful despite its intended use. There will need to be clarification around which rules and disclosures apply to particular business scenarios to offer businesses the opportunity to comply.
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