Ontario Energy Board Accepts Assurance of Voluntary Compliance from Retail Supplier

The Ontario Energy Board has accepted the Assurance of Voluntary Compliance filed by retail supplier Canada Energy Wholesalers Ltd. to resolve certain areas of non-compliance with the Energy Consumer Protection Act, 2010.

A Staff inspection determined that Canada Energy Wholesalers Ltd.'s contract failed to state that the consumer has the right under the Act to cancel the contract without cost or penalty up to 10 days after the consumer acknowledges receipt or is deemed to acknowledge receipt of a text-based copy of the contract. The contract did state that the consumer may cancel the agreement without penalty if the consumer cancels in writing within 10 days, but it does not include, "after the consumer acknowledges receipt or is deemed to acknowledge receipt of a text based copy of the contract."

The contract also stated that Canada Energy will notify the utility of the cancellation within 10 days of receipt of the cancellation fee. This is contrary to section 3.7 of the Electricity Retailer Code of Conduct which requires Canada Energy to submit a cancellation to the utility within 10 days of notice of cancellation from the consumer. This is also contrary to section 7(2)(a) of Ontario Regulation 389/10, which states that a contract must not contain any provision or be accompanied by any document that purports to negate or vary any of the consumer's rights under any Act or regulation or under any code, order or rule issued or made by the Board.

Upon being notified by Board Staff of these contraventions, Canada Energy admitted to the contraventions and agreed to immediately amend its contract in order to align the wording with the statutory and regulatory requirements.

Canada Energy and the Ontario Energy Board are satisfied that this matter can be resolved with the filing of the Assurance of Voluntary Compliance,

Canada Energy commits to ensuring that as of the date of the Assurance, the form of and content of any contract entered into with a low volume electricity consumer meets the requirements set out in section 12 of the Energy Consumer Protection Act, 2010, sections 7(1)(8) and 7(2)(a) of Ontario Regulation 389/10 and section 3.7 of the Electricity Retailer Code of Conduct as well as ensuring that it is not engaging in an unfair practice as defined in section 5(1)(i) of Ontario Regulation 389/10 by knowingly making a false or misleading statement related to the provisions of its contract.