The Consumer Protection Amendment Act (Contracts for Distance Communication Services)

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3rd Session, 40th Legislature

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Bill 62

THE CONSUMER PROTECTION AMENDMENT ACT (CONTRACTS FOR DISTANCE COMMUNICATION SERVICES)

Bilingual version (PDF)

Explanatory Note

(Assented to )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C200 amended

The Consumer Protection Act is amended by this Act.

The heading for Part XXII is amended by striking out "CELL PHONE SERVICES" and substituting "DISTANCE COMMUNICATION SERVICES".

3(1)

Section 180 is amended

(a) in the definitions "customer" and "supplier", by striking out "cell phone services" and substituting "distance communication services"; and

(b) by repealing the definition "cell phone services".

3(2)

Section 180 is further amended by adding the following definition:

"distance communication services" means, subject to the regulations, any of the following types of distance communication services:

(a) cell phone services;

(b) residential phone services;

(d) cable television services;

(e) satellite television services;

(f) satellite radio services;

(g) remote surveillance services;

(h) prescribed distance communication services. (« services de communication à distance »)

4(1)

Subsection 181(1) is amended

(a) in the section heading, by adding " — cell phone services" at the end; and

(b) in the section, by striking out "the day that this section came into force" and substituting "September 15, 2012".

4(2)

Subsection 181(2) is amended

(a) in the section heading, by striking out "existing" and substituting "existing cell phone services"; and

(b) in the section, by striking out "the day that this section came into force" wherever it occurs and substituting "September 15, 2012".

The following is added after section 181:

Application of this Part — distance communication services other than cell phone services

181.1(1)

Subject to the regulations, this Part applies to every contract for distance communication services entered into on or after the day that this section came into force between a supplier and a customer primarily for personal, family or household purposes.

Application to existing contracts that are extended or renewed

181.1(2)

Subject to the regulations, this Part applies to a contract for distance communication services entered into before the day that this section came into force between a supplier and a customer primarily for personal, family or household purposes but only if the contract is extended or renewed on or after that day.

Non-application

181.1(3)

This section does not apply to a contract for cell phone services.

Subsection 184(1) is amended by striking out "cell phone services" and substituting "distance communication services".

7(1)

Subsection 185(1) is amended

(a) in the part of clause (g) before subclause (i), by striking out "cell phone services" and substituting "distance communication services";

(b) in the part of clause (i) before subclause (i), by striking out "cell phone services" and substituting "distance communication services";

(c) in clause (j), by striking out "system activation fees" and substituting "system activation fees and installation fees";

(d) in clause (k), by striking out "cell phone services" wherever it occurs and substituting "distance communication services";

(e) by replacing clause (l) with the following:

(l) a description of any equipment that is provided by the supplier to the customer for free or by sale to the customer — whether or not at a reduced cost — along with a statement as to

(i) whether the equipment is new or reconditioned, and

(ii) whether the equipment is subject to a technological or physical feature restricting its functioning to a service provided by the supplier or another supplier;

(f) by replacing clause (n) with the following:

(n) if equipment is provided by the supplier to the customer for free or by sale at a reduced cost, a statement of the amount that will be used in calculating the cancellation fee, which must not exceed

(i) in the case of free equipment, the value of the equipment, and

(ii) in the case of equipment sold at a reduced cost, the value of the equipment less the amount that the customer paid for it;

(g) in the part of clause (o) before subclause (i), by striking out "a cell phone" and substituting "any equipment that is"; and

(h) by replacing clause (q) with the following:

(q) the fee charged for bills in paper form and for detailed account statements;

(r) any other information required by the regulations.

7(2)

Subsection 185(2) of the English version is amended by striking out "one or more cell phone services" and substituting "the distance communication services available under the contract".

7(3)

The following is added after subsection 185(2) and before the centred heading that follows it:

Two or more types of services provided under same contract

185(3)

If two or more types of distance communication services are provided under the same contract, the supplier must ensure that the applicable information required to be provided under subsection (1) is indicated separately for each type.

Subsection 186(1) is amended by striking out "cell phone services" and substituting "distance communication services".

Section 187 is amended

(a) in the part before clause (a), by striking out "a cell phone" and substituting "any equipment provided by the supplier"; and

(b) in clause (a) of the English version, by striking out "the cell phone" and substituting "the equipment".

Clause 191(1)(c) is amended by striking out "unpaid cell phone services" and substituting "unpaid distance communication services".

Clause 197(a) is amended by striking out "unpaid cell phone services" and substituting "unpaid distance communication services".

12(1)

Subsections 198(2) and 199(2) are amended

(a) in the section heading, by striking out "cell phone" and substituting "equipment"; and

(b) in clause (a), by striking out "a cell phone" and substituting "equipment".

12(2)

Subsections 198(3) and 199(3) are amended

(a) in the section heading, by striking out "cell phone" and substituting "equipment"; and

(b) in the subsection, by striking out "a cell phone was not provided" and substituting "equipment was not provided".

Subsection 204(1) is amended

(a) by striking out "cell phone services" wherever it occurs and substituting "distance communication services"; and

(b) by striking out "the goods" wherever it occurs and substituting "the equipment or other goods".

14(1)

Subsection 211(1) is amended

(a) by replacing clause (b) with the following:

(b) for the purposes of this Part or any provision of it, extending, modifying or limiting the meaning of "distance communication services" and defining any of the types of distance communication services listed in clauses (a) to (g) of the definition in section 180;

(b) in clause (c), by adding "or types of distance communication services" at the end;

(c) in clause (g), by striking out "clause 185(1)(q)" and substituting "clause 185(1)(r)";

(d) in clause (j), by striking out "a cell phone" and substituting "the provided equipment";

(e) in clause (n), by striking out "paper bill" and substituting "bill in paper form or a detailed account statement";

(f) by repealing clause (p); and

(g) by replacing clause (q) with the following:

(q) respecting contracts for distance communication services that are made, in whole or in part, through Internet communications, by telephone, or by a combination of Internet communications and telephone;

14(2)

Subsection 211(2) is amended by replacing the part before clause (a) with the following:

Regulations — contracts made through Internet communications

211(2)

Without limiting clause (1)(q), a regulation made under that clause may do one or more of the following:

14(3)

Subsection 211(2) is further amended

(a) by repealing clause (a);

(b) in clauses (b), (c) and (e), by striking out "Internet cell phone contracts" and substituting "contracts for distance communication services that are made through Internet communications"; and

(c) in clause (d), by striking out "an Internet cell phone contract" and substituting "a contract for distance communication services that is made through Internet communications".

This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill expands the application of Part XXII of The Consumer Protection Act from contracts for cell phone services to contracts for other types of distance communication services, such as cable television, satellite television and radio, Internet, and remote surveillance.

Contracts for distance communication services are subject to supplier obligations and consumer rights, including

disclosure about

• the duration of the contract's term;

• the minimum monthly cost under the contract;

• a description of the services included in the minimum monthly cost;

• details and rates of additional use charges;

• details about optional services; and

• details of fees payable under the contract, including one-time fees;

cancellation rights for consumers;
restrictions on cancellation by suppliers; and
enhanced warranty rights for consumers.

This Bill applies to contracts for the newly added distance communication services that are made or renewed on or after the day that the Bill comes into force.