Ontario Energy Board Staff Issues Bulletins on Consumer Protection Rules for Retail Suppliers

Staff of the Ontario Energy Board has issued several bulletins providing guidance on regulatory requirements and customer protection rules applicable to electricity retailers and gas marketers.

The views expressed in the bulletins are those of Board Staff and are not binding on the Board.

The Staff issued a bulletin including guidance on refunds entitled to customers when canceling a contract under the Energy Consumer Protection Act.

"In Board staff's view, the amount of the refund payable to a consumer ... is all amounts that the contract required or committed the consumer to pay with respect to the supply or delivery of the energy commodity under the contract, and that were in fact paid by the consumer. To be clear, the amount of the refund is not a lesser amount represented by the difference between the contract price and the market price of the commodity."

Staff further said that with respect to contracts for the provision of electricity, it is Staff's view that any amounts paid by the consumer on account of the Global Adjustment or as a Final RPP Variance Settlement Amount do not need to be refunded to the consumer. "These are amounts that are payable by a consumer in accordance with regulations or the Board's regulatory requirements, respectively, and are therefore not amounts "paid ... under the contract' for the purposes of the refund provisions of the ECPA and of Ontario Regulation 389/10."

In a bulletin regarding the written confirmation of cancelled contracts, Staff said that its view is that written confirmation of cancellation is promptly sent within the meaning of section 22(4)(b) of the ECPA Regulation if it is sent within 10 days of the supplier receiving the consumer's notice of cancellation by telephone.

The Staff also issued a bulletin including guidance on business cards and ID badges required when marketing to small volume customers.

"Every person acting on behalf of a supplier must offer a business card to a low-volume consumer at every meeting in person with the low-volume consumer," the Staff reminded. Where the person is retailing or marketing (as applicable) to a low-volume consumer at a place other than the supplier's place of business, the business card must be provided: (i) before making any representation to the low-volume consumer about the supplier's products, services or business; and (ii) before requesting any information from the low-volume consumer. The business card must be clear and legible

The required photo ID badge must be prominently displayed at all times when meeting in person with a low-volume consumer and the photograph and all of the information required by section 6 of the OEB Regulation and section 2.4 of the Codes must be on the same side of the ID badge and must at all times be facing the low-volume consumer.