Written and Presentation Component Job ID 167663 - Bilingual Consumer Services Officer Please send a copy of your written exercise and presentation slides to Stephanie Lawrence before your scheduled interview at stephanie.lawrence@ontario.ca. Please prepare both in English. 1. Written Exercise Please prepare a one-page response to the consumers scenario below, using Microsoft Word, for your Assistant Deputy Ministers signature. The letterhead is attached and the reference material from the applicable legislation is below. The font of the letter should be Calibri (body) and size 11. The left and right margins should be set to 0.75. Scenario: A consumer, who is a senior with a disability, signed an agreement with a home renovation company to make their home more accessible. The agreement was signed at the store and was for a ramp installation, to widen the doorways in the home so they are wheelchair accessible and to install a new shower in the bathroom. The consumer paid the company a deposit of $5000 on December 5, 2020 and the work was supposed to be completed by March 31, 2021. The company has not commenced any of the work. The consumer attempted to cancel their agreement and get a refund, but the business is not responding to them. The consumer is very frustrated and upset and is writing directly to the Minister. The consumer wants to know if and how soon the Ministry of Government and Consumer Services can help resolve their issue. 2. Presentation After reading the consumers concerns, the Assistant Deputy Minister is interested in learning more about the home renovation sector and protections for consumers. Please prepare a presentation, using Microsoft PowerPoint, to brief the Minister on the following items: 1) Common consumer complaints about home renovation companies 2) General consumer rights specific to the home renovation sector 3) A brief high-level overview of our complaint process Reference Material, Consumer Protection Ontario website: Consumer Protection Ontario | Ontario.ca Reference Material, Consumer Protection Act, 2002: The complete legislation can be viewed here: Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A (ontario.ca) Below are excerpts that will be useful for the written exercise and presentation. Part A is the Act, and Part B is Regulation 17/05. Reference Material, Part A Consumer Protection Act, 2002 S.O. 2002, CHAPTER 30 SCHEDULE A Estimates 10 (1) If a consumer agreement includes an estimate, the supplier shall not charge the consumer an amount that exceeds the estimate by more than 10 per cent. 2002, c. 30, Sched. A, s. 10 (1). Performance of consumer agreement (2) If a supplier charges an amount that exceeds the estimate by more than 10 per cent, the consumer may require that the supplier provide the goods or services at the estimated price. 2002, c. 30, Sched. A, s. 10 (2). Subsequent agreement (3) Nothing in this section prevents a consumer and a supplier from agreeing to amend the estimate or price in a consumer agreement, if the consumer requires additional or different goods or services. 2002, c. 30, Sched. A, s. 10 (3). PART III UNFAIR PRACTICES False, misleading or deceptive representation 14 (1) It is an unfair practice for a person to make a false, misleading or deceptive representation. 2002, c. 30, Sched. A, s. 14 (1). Examples of false, misleading or deceptive representations (2) Without limiting the generality of what constitutes a false, misleading or deceptive representation, the following are included as false, misleading or deceptive representations: 1. A representation that the goods or services have sponsorship, approval, performance characteristics, accessories, uses, ingredients, benefits or qualities they do not have. 2. A representation that the person who is to supply the goods or services has sponsorship, approval, status, affiliation or connection the person does not have. 3. A representation that the goods or services are of a particular standard, quality, grade, style or model, if they are not. 4. A representation that the goods are new, or unused, if they are not or are reconditioned or reclaimed, but the reasonable use of goods to enable the person to service, prepare, test and deliver the goods does not result in the goods being deemed to be used for the purposes of this paragraph. 5. A representation that the goods have been used to an extent that is materially different from the fact. 6. A representation that the goods or services are available for a reason that does not exist. 7. A representation that the goods or services have been supplied in accordance with a previous representation, if they have not. 8. A representation that the goods or services or any part of them are available or can be delivered or performed when the person making the representation knows or ought to know they are not available or cannot be delivered or performed. 9. A representation that the goods or services or any part of them will be available or can be delivered or performed by a specified time when the person making the representation knows or ought to know they will not be available or cannot be delivered or performed by the specified time. 10. A representation that a service, part, replacement or repair is needed or advisable, if it is not. 11. A representation that a specific price advantage exists, if it does not. 12. A representation that misrepresents the authority of a salesperson, representative, employee or agent to negotiate the final terms of the agreement. 13. A representation that the transaction involves or does not involve rights, remedies or obligations if the representation is false, misleading or deceptive. 14. A representation using exaggeration, innuendo or ambiguity as to a material fact or failing to state a material fact if such use or failure deceives or tends to deceive. 15. A representation that misrepresents the purpose or intent of any solicitation of or any communication with a consumer. 16. A representation that misrepresents the purpose of any charge or proposed charge. 17. A representation that misrepresents or exaggerates the benefits that are likely to flow to a consumer if the consumer helps a person obtain new or potential customers. 2002, c. 30, Sched. A, s. 14 (2). Unconscionable representation 15 (1) It is an unfair practice to make an unconscionable representation. 2002, c. 30, Sched. A, s. 15 (1). Same (2) Without limiting the generality of what may be taken into account in determining whether a representation is unconscionable, there may be taken into account that the person making the representation or the persons employer or principal knows or ought to know, (a) that the consumer is not reasonably able to protect his or her interests because of disability, ignorance, illiteracy, inability to understand the language of an agreement or similar factors; (b) that the price grossly exceeds the price at which similar goods or services are readily available to like consumers; (c) that the consumer is unable to receive a substantial benefit from the subjectmatter of the representation; (d) that there is no reasonable probability of payment of the obligation in full by the consumer; (e) that the consumer transaction is excessively one-sided in favour of someone other than the consumer; (f) that the terms of the consumer transaction are so adverse to the consumer as to be inequitable; (g) that a statement of opinion is misleading and the consumer is likely to rely on it to his or her detriment; or (h) that the consumer is being subjected to undue pressure to enter into a consumer transaction. 2002, c. 30, Sched. A, s. 15 (2). Renegotiation of price 16 It is an unfair practice for a person to use his, her or its custody or control of a consumers goods to pressure the consumer into renegotiating the terms of a consumer transaction. 2002, c. 30, Sched. A, s. 16. Unfair practices prohibited 17 (1) No person shall engage in an unfair practice. 2002, c. 30, Sched. A, s. 17 (1). One act deemed practice (2) A person who performs one act referred to in section 14, 15 or 16 shall be deemed to be engaging in an unfair practice. 2002, c. 30, Sched. A, s. 17 (2). Advertising excepted (3) It is not an unfair practice for a person, on behalf of another person, to print, publish, distribute, broadcast or telecast a representation that the person accepted in good faith for printing, publishing, distributing, broadcasting or telecasting in the ordinary course of business. 2002, c. 30, Sched. A, s. 17 (3). Rescinding agreement 18 (1) Any agreement, whether written, oral or implied, entered into by a consumer after or while a person has engaged in an unfair practice may be rescinded by the consumer and the consumer is entitled to any remedy that is available in law, including damages. 2002, c. 30, Sched. A, s. 18 (1). Remedy if rescission not possible (2) A consumer is entitled to recover the amount by which the consumers payment under the agreement exceeds the value that the goods or services have to the consumer or to recover damages, or both, if rescission of the agreement under subsection (1) is not possible, (a) because the return or restitution of the goods or services is no longer possible; or (b) because rescission would deprive a third party of a right in the subject-matter of the agreement that the third party has acquired in good faith and for value. 2002, c. 30, Sched. A, s. 18 (2); 2004, c. 19, s. 7 (6). Notice (3) A consumer must give notice within one year after entering into the agreement if, (a) the consumer seeks to rescind an agreement under subsection (1); or (b) the consumer seeks recovery under subsection (2), if rescission is not possible. 2002, c. 30, Sched. A, s. 18 (3). Form of notice (4) The consumer may express notice in any way as long as it indicates the intention of the consumer to rescind the agreement or to seek recovery where rescission is not possible and the reasons for so doing and the notice meets any requirements that may be prescribed. 2002, c. 30, Sched. A, s. 18 (4). Delivery of notice (5) Notice may be delivered by any means. 2002, c. 30, Sched. A, s. 18 (5). When notice given (6) If notice is delivered other than by personal service, the notice shall be deemed to have been given when sent. 2002, c. 30, Sched. A, s. 18 (6). Address (7) The consumer may send or deliver the notice to the person with whom the consumer contracted at the address set out in the agreement or, if the consumer did not receive a written copy of the agreement or the address of the person was not set out in the agreement, the consumer may send or deliver the notice, (a) to any address of the person on record with the Government of Ontario or the Government of Canada; or (b) to an address of the person known by the consumer. 2002, c. 30, Sched. A, s. 18 (7). Commencement of an action (8) If a consumer has delivered notice and has not received a satisfactory response within the prescribed period, the consumer may commence an action. 2002, c. 30, Sched. A, s. 18 (8). Same (9) If a consumer has a right to commence an action under this section, the consumer may commence the action in the Superior Court of Justice. 2002, c. 30, Sched. A, s. 18 (9). Evidence (10) In the trial of an issue under this section, oral evidence respecting an unfair practice is admissible despite the existence of a written agreement and despite the fact that the evidence pertains to a representation in respect of a term, condition or undertaking that is or is not provided for in the agreement. 2002, c. 30, Sched. A, s. 18 (10). Exemplary damages (11) A court may award exemplary or punitive damages in addition to any other remedy in an action commenced under this section. 2002, c. 30, Sched. A, s. 18 (11). Liability (12) Each person who engaged in an unfair practice is liable jointly and severally with the person who entered into the agreement with the consumer for any amount to which the consumer is entitled under this section. 2002, c. 30, Sched. A, s. 18 (12). Limited liability of assignee (13) If an agreement to which subsection (1) or (2) applies has been assigned or if any right to payment under such an agreement has been assigned, the liability of the person to whom it has been assigned is limited to the amount paid to that person by the consumer. 2002, c. 30, Sched. A, s. 18 (13). Effect of rescission (14) When a consumer rescinds an agreement under subsection (1), such rescission operates to cancel, as if they never existed, (a) the agreement; (b) all related agreements; (c) all guarantees given in respect of money payable under the agreement; (d) all security given by the consumer or a guarantor in respect of money payable under the agreement; and (e) all credit agreements, as defined in Part VII, and other payment instruments, including promissory notes, (i) extended, arranged or facilitated by the person with whom the consumer reached the agreement, or (ii) otherwise related to the agreement. 2002, c. 30, Sched. A, s. 18 (14). Waiver of notice (15) If a consumer is required to give notice under this Part in order to obtain a remedy, a court may disregard the requirement to give the notice or any requirement relating to the notice if it is in the interest of justice to do so. 2002, c. 30, Sched. A, s. 18 (15); 2008, c. 9, s. 79 (5). Section Amendments with date in force (d/m/y) Transition 19 (1) This Part applies to consumer transactions that occur on or after the day this section is proclaimed in force. 2002, c. 30, Sched. A, s. 19 (1). Same (2) The Business Practices Act, as it existed immediately before its repeal by the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to consumer transactions that occurred before its repeal. 2002, c. 30, Sched. A, s. 19 (2). PART IV RIGHTS AND OBLIGATIONS RESPECTING SPECIFIC CONSUMER AGREEMENTS DEFINITIONS AND APPLICATION FUTURE PERFORMANCE AGREEMENTS Application of sections 21 (1) Sections 22 to 26 apply to future performance agreements if the consumers total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount. 2002, c. 30, Sched. A, s. 21 (1). Exception (2) Sections 22 to 26 do not apply to agreements that are future performance agreements solely because of an open credit arrangement. 2002, c. 30, Sched. A, s. 21 (2). Transition (3) Sections 22 to 26 apply to future performance agreements entered into on or after the day this section is proclaimed in force. 2002, c. 30, Sched. A, s. 21 (3). Same (4) The Consumer Protection Act, as it existed immediately before its repeal under the Consumer Protection Statute Law Amendment Act, 2002, continues to apply to executory contracts entered into before its repeal. 2002, c. 30, Sched. A, s. 21 (4). Requirements for future performance agreements 22 Every future performance agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements. 2002, c. 30, Sched. A, s. 22. Cancelling future performance agreements 23 A consumer may cancel a future performance agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements required by section 22. 2002, c. 30, Sched. A, s. 23. Rights in other goods not enforceable 24 Any provision in any future performance agreement or in any security agreement incidental to such an agreement under which the supplier may acquire title to, possession of or any rights in any goods of the consumer, other than the goods passing to the consumer under the agreement, is not enforceable. 2002, c. 30, Sched. A, s. 24. No repossession after two-thirds paid except by leave of court 25 (1) Where a consumer under a future performance agreement has paid two-thirds or more of his or her payment obligation as fixed by the agreement, any provision in the agreement, or in any security agreement incidental to the agreement, under which the supplier may retake possession of or resell the goods or services upon default in payment by the consumer is not enforceable except by leave obtained from the Superior Court of Justice. 2002, c. 30, Sched. A, s. 25 (1). Powers of court (2) Upon an application for leave under subsection (1), the court may, in its discretion, grant leave to the supplier or refuse leave or grant leave upon such terms and conditions as the court considers advisable. 2002, c. 30, Sched. A, s. 25 (2). Late delivery 26 (1) A consumer may cancel a future performance agreement at any time before delivery under the agreement or the commencement of performance under the agreement if the supplier, (a) does not make delivery within 30 days after the delivery date specified in the agreement or an amended delivery date agreed to by the consumer in writing; or (b) does not begin performance of his, her or its obligations within 30 days after the commencement date specified in the agreement or an amended commencement date agreed to by the consumer in writing. 2002, c. 30, Sched. A, s. 26 (1). Delivery or commencement date not specified (2) If the delivery date or commencement date is not specified in the future performance agreement, a consumer may cancel the agreement at any time before delivery or commencement if the supplier does not deliver or commence performance within 30 days after the date the agreement is entered into. 2002, c. 30, Sched. A, s. 26 (2). Forgiveness of failure (3) If, after the period in subsection (1) or (2) has expired, the consumer agrees to accept delivery or authorize commencement, the consumer may not cancel the agreement under this section. 2002, c. 30, Sched. A, s. 26 (3). Deemed delivery or performance (4) For the purposes of subsections (1) and (2), a supplier is considered to have delivered or commenced performance under a future performance agreement if, (a) delivery was attempted but was refused by the consumer at the time that delivery was attempted or delivery was attempted but not made because no person was available to accept delivery for the consumer on the day for which reasonable notice was given to the consumer that there was to be delivery; or (b) commencement was attempted but was refused by the consumer at the time that commencement was attempted or commencement was attempted but did not occur because no person was available to enable commencement on the day for which reasonable notice was given to the consumer that commencement was to occur. 2002, c. 30, Sched. A, s. 26 (4). Reference Material, Part B: Consumer Protection Act, 2002 ONTARIO REGULATION 17/05 GENERAL FUTURE PERFORMANCE AGREEMENTS Definitions 23.1 The prescribed amount for the purpose of subsection 21 (1) of the Act is $50 if the future performance agreement mentioned in that subsection is not a gift card agreement to which sections 25.2 to 25.5 apply. O. Reg. 187/07, s. 1. Requirements for future performance agreements 24. For the purpose of section 22 of the Act, a future performance agreement that is not a gift card agreement to which sections 25.2 to 25.5 apply shall set out the following information: 1. The name of the consumer. 2. The name of the supplier and, if different, the name under which the supplier carries on business. 3. The telephone number of the supplier, the address of the premises from which the supplier conducts business, and information respecting other ways, if any, in which the supplier can be contacted by the consumer, such as the fax number and e-mail address of the supplier. 4. A fair and accurate description of the goods and services to be supplied to the consumer, including the technical requirements, if any, related to the use of the goods or services. 5. An itemized list of the prices at which the goods and services are to be supplied to the consumer, including taxes and shipping charges. 6. A description of each additional charge that applies or may apply, such as customs duties or brokerage fees, and the amount of the charge if the supplier can reasonably determine it. 7. The total amount that the supplier knows is payable by the consumer under the agreement, including amounts that are required to be disclosed under paragraph 6, or, if the goods and services are to be supplied during an indefinite period, the amount and frequency of periodic payments. 8. The terms and methods of payment. 9. As applicable, the date or dates on which delivery, commencement of performance, ongoing performance and completion of performance are to occur. 10. For goods and services that are to be delivered, i. the place to which they are to be delivered, and ii. if the supplier holds out a specific manner of delivery and will charge the consumer for delivery, the manner in which the goods and services are to be delivered, including the name of the carrier, if any, and including the method of transportation to be used. 11. For services that are to be performed, the place where they are to be performed, the person for whom they are to be performed, the suppliers method of performing them and, if the supplier holds out that a specific person other than the supplier will perform any of the services on the suppliers behalf, the name of that person. 12. The rights, if any, that the supplier agrees the consumer will have in addition to the rights under the Act and the obligations, if any, by which the supplier agrees to be bound in addition to the obligations under the Act, in relation to cancellations, returns, exchanges and refunds. 13. If the agreement includes a trade-in arrangement, a description of the trade-in arrangement and the amount of the trade-in allowance. 14. The currency in which amounts are expressed, if it is not Canadian currency. 15. Any other restrictions, limitations and conditions that are imposed by the supplier. 16. The date on which the agreement is entered into. O. Reg. 17/05, s. 24; O. Reg. 187/07, s. 2. Express opportunity to accept or decline agreement 25. In the case of a future performance agreement to which sections 22 to 26 of the Act apply, the supplier shall provide the consumer with an express opportunity to accept or decline the agreement and to correct errors immediately before entering into it. O. Reg. 17/05, s. 25.

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