It’s an honour for me to rise today and add the voices of the great people of London North Centre to this debate on Bill 142, the Better for Consumers, Better for Businesses Act. When we look at this bill, any bill that purports to increase protections for consumers is one that is easily supportable, one that the official opposition can easily get behind. Following the hour-long lead for our critic for consumer protection, I’d like to add my words to this.

If we take a look at what experts have been calling for for a number of years, they’ve been calling for regulation on new home sales and their warranties. This bill puts in new provisions for NOSIs, or the notices of security interest, but does not include any provisions on putting in rental hot water heaters in contracts for new homes. This is a situation whereby people will sign the biggest purchase of their entire life, and then, after the dust has settled, once they’ve moved in, once they start receiving those bills, they realize they’ve signed up for something that they didn’t necessarily know they were agreeing to. This is a huge and tremendous concern.

Additionally, this government has taken it upon themselves to talk about talking. We don’t actually see actions within this bill that will take out the beating heart of the situation where consumers are exploited by unethical HVAC companies. Back with the Liberal government, we saw that there was a ban on door-to-door sales. That was good. However, there were no teeth for that legislation, so there really wasn’t much by way of enforcement. This government has heard for numerous years about the pernicious and exploitative actions of many of these HVAC companies.

You see, Speaker, they no longer—in most cases, I should say—sell door to door. Instead, what they will do is they will send an email, they will make phone calls and they will set up an appointment within a person’s home. Typically, these companies prey upon the elderly. They prey upon people living with disabilities. They prey upon newcomers. They engage in high-pressure sales tactics, making claims that are patently false, promising savings that never occur and will often say that this is part of a government program and really misrepresent the services that they provide. If that weren’t bad enough, what they’ll do is they will have a consumer engage or sign a contract which they don’t explain the terms of—and that should be in contravention of the Consumer Protection Act to begin with, because contracts need to be in clear, plain language so the consumers can understand them, but they, in their huckster snake-oil tactics, will absolutely not get into what the details are.

I’ve seen many of these contracts, and I know this government has as well. This government, though, is talking about talking. They want to engage in a consultation period to discuss this issue when the issue is well known. They will have heard it from many of their constituents.

CBC Marketplace has done tremendous investigation on this topic. On January 14, 2022, CBC Marketplace had a hidden-camera exposé on the tactics that these companies will engage in. They witnessed high-pressure sales tactics. They witnessed claims that were not backed up in actual truth. They saw these salespeople engage in what this government should stand up against, yet this government wants to just talk about it. They don’t want to act. They don’t want to actually do the right thing and protect seniors, people living with disabilities and newcomers by cutting out the beating heart of this issue, which is liens attached to property titles.

The CBC Marketplace exposé, for those of you who would like to view it, was entitled Hidden Cameras Capture Decisive Tactics Used to Sell Overpriced HVAC Contracts. In that exposé, they talked about a company called Ontario Green Savings. You see, oftentimes these companies will use the name of the province, so that people automatically think there’s some sort of credibility or some sort of connection to the government when there actually is none—to our knowledge, but who knows; perhaps there is. Maybe this is why we don’t see any action and we see just more talking about liens and NOSIs, rather than actually making sure that they’re not being foisted upon people. In this, Karen Norgaard, of Cornwall, signed two contracts for an air conditioner and a furnace. What will happen in these situations is that they will be sold equipment that is very inexpensive in comparison to what they actually pay.

I want to take a look at a contract that I have. This is from Green Retrofit Program Capital Inc. This contract is in particular for a water heater. It’s—let me see—an electric water heater, and it’s $60 per month; it doesn’t seem unreasonable. I mean, we know that Reliance, which has long had a corner share of the market, costs less. However, much of this is not actually filled in. It’s very strange. We see that after tax, this will cost $67 or $68.

Then, this contract is full of terms and conditions. Within this—and this should be in contravention of the Consumer Protection Act—there is a section in here where it states: “You hereby grant us an exclusive security interest in the equipment as collateral security for the consumer amounts owing by you to us under this agreement,” and it goes on. At that point, the customer is meant to initial, thereby giving away their rights. In that simple initial, a consumer is saying, “Yes, you can issue a NOSI and attach a lien against title.” They’re giving away their right under the Consumer Protection Act, as set out in the contract that they push, badger and berate people until they sign.

In that CBC’s Marketplace exposé, we actually saw some of the tactics of these high-pressure salespeople. We heard from folks who actually had to curse, swear and yell at the salesperson just to get them to leave the home. We know that this is an issue. It has been known for years.

Now, within this, if I go through this contract—and, of course, this information is varied, but don’t worry, I’m getting to it—much is missing. The UPC code is missing; the sticker from the equipment. And then when you actually look at the payment schedule, Speaker—it’s buried—it is a contract for 144 months. That’s 12 years. They’ve bamboozled elderly folks, they’ve bamboozled people living with disabilities and they’ve bamboozled newcomers into signing a 12-year contract.

If that weren’t bad enough, within the provisions of this contract, the equipment appreciates in value. They charge interest on that, so every year the cost of that equipment, which is not the top of the line—it’s often the bargain basement version that you can get anywhere. They will charge yet more and more and more. Speaker, I don’t have to explain to you compounding interest, but oftentimes, this equipment will cost a tremendous amount of money, so something that would be a $500 water heater will end up costing $20,000, $30,000, $40,000. It just depends on the contract that these unethical businesses will force and cajole and bamboozle someone into signing.

If that weren’t bad enough, oftentimes, these companies will hide from responsibility by selling off that lien to yet another company. In effect, they will distance themselves from legal responsibility. Also, if a complaint is made, the company will say, “Well, that was the salesperson. They’re no longer working with us. We apologize. But sorry, it’s a contract. You’ve signed it.” They will then take that and sell it off to another company, who may in turn sell it off to another company. I’ve seen instances where it’s moved six times. Guess what, Speaker? Every time that contract moves over to a new person, they attach yet more money to it, so that person is being exploited again and again and again.

CBC also had an article. This was from 2018. This was before this government was elected, so they should be aware of this. It’s titled “Homebuyers Feel Duped by Hot Water Tank Rentals Included in Their New Homes”—people finding that they are locked into equipment that they never really agreed to. In this example, for instance, Nadia Mendola is “living with a contract with Enercare that lasts for the ‘useful life’ of the appliance (an average of 14 years), paying” $56 per month. It doesn’t seem unreasonable, but if she buys out the equipment, it’s $3,600, three times the cost of equipment offered in some stores.

In 2016, the Ontario Energy Group was exposed in another CBC article where Taylor Wild found that he owes $20,000 after discovering a lien, because he, unfortunately, signed a contract with Ontario Energy Group for HVAC equipment.

It’s disturbing that this government wants to talk about this issue but doesn’t want to act. The evidence is very clear. The evidence is here before us.

Dennis Crawford has called the lien “the beating heart of this scam.”

A letter to the Ontario Minister of Government and Consumer Services from July 14 of 2020 requested “increased disclosure in rental appliance contracts.” This was from Anthony Durocher, the Deputy Commissioner of Competition of the Competition Promotion Branch. Does this bill, Bill 142, answer this situation, where people are being absolutely exploited, where they are being effectively tricked, having their security taken away?

Imagine that: a senior who is hoping to downsize. Maybe they’re an empty nester; maybe they’re somebody who simply has a home that no longer suits their needs, and they’re worried about their safety. They want to go to something that’s more appropriate, perhaps a condo apartment, perhaps a bungalow, something that would be a little bit more easily manageable and safer. They go to sell, and then they find that a company has taken a chunk out of their house. They’ve put in bargain basement equipment and charged them $20,000 for it. It’s unacceptable. It’s unacceptable that we live in a province where seniors are being exploited, where people living with disabilities are being exploited and where newcomers are being exploited by unethical businesses, such as the ones I’ve just mentioned, and that the government just wants to talk about it.

Now, further, I also wanted to discuss today reforms to Tarion. This government, when they were in opposition, and some would say an effective opposition, talked chapter and verse about how they would overhaul Tarion, how when they were in power they were going to do the right thing. Yet this government, once they assumed power, changed their tune completely. Just like how they were so fond of the Auditor General when they were in opposition and simply loved all of the work that the Auditor General had to do, and when they got into power, suddenly they weren’t friends again. Imagine that; I wonder why.

Also, despite not overhauling Tarion, which is what they had promised, they actually created yet another regulatory authority, the Home Construction Regulatory Authority, almost to confuse things yet further for Ontario consumers. On the side of the official opposition, we’ve called for a public audit into Tarion and the system. We want to see an end to the industry-controlled monopoly. Within the Tarion board, many people who are supposedly consumer advocates also actually work for the building industry. We haven’t seen a proper consumer advocate on the Tarion board.

Now, to turn to the recommendations for the member from Humber River–Black Creek, our critic for consumer protection, I was pleased and honoured to sign on to private members’ legislation calling for the establishment of a consumer watchdog—someone who would actually look out for seniors, someone who would look out for people living with disabilities, someone who would look out for Canadians and the rest of Ontarians who might be tricked into some very shady business practices.

We see businesses, individuals and even entire industries taking advantage of consumers within this province, and this government has failed to act yet again. It can be extremely difficult for folks to pursue justice. In the example of all of these HVAC liens and the NOSIs—for consumers to actually achieve justice, they’ll often have to pay a lawyer, and paying thousands of dollars to have the services of a lawyer may not get back the actual money that they are owed. It’s shocking to think that people are really only able to achieve justice in this province if they have money. It’s a clear separation, it’s a classist separation that folks are unable to achieve justice, simply because they can’t pay the lawyer fees.

Dennis Crawford has done wonderful work on this file, and I must commend him. He’s a Stratford-area lawyer who has really called out the issues that have been created by government neglect, by government’s ignoring the needs of people and allowed an exploitative industry to take hold and to become extraordinarily rich on the backs of people who simply wanted to improve their home.

You know, our consumer watchdog was meant to be sort of a one-stop shop where people could register complaints. It would hold the power to investigate businesses. It would also be able to uphold these consumer protection laws. You see, the contract that I showed you earlier is in contravention of consumer protection laws, but do we see the government acting on that? No. They simply want to talk about talking. Talk is cheap. The consumer watchdog would also release public reports similar to the Auditor General or the Ombudsman of Ontario. They would be able to levy fines and other penalties against businesses that are found to not have acted in accordance with consumer protection legislation.

I wanted to add some quotes from consumer protection advocates who were very much in support of a consumer watchdog. There’s Ellen Roseman, who is a former consumer advocate columnist for the Toronto Star. Ellen states:

“When I started my journalism career in 1975, I decided to focus on consumer issues and advocate for people who needed help resolving problems with large companies that were shutting them out. I’m semi-retired now, but I still hear from desperate people seeking advice. Many of us find it hard to avoid losing money to misleading online pitches, service suppliers that promise refunds and never pay up, multi-page legal contracts that are impossible to understand and too-good-to-be-true credit deals full of hidden fees.”

Ellen heartily supported our Bill 77, the Ontario Consumer Watchdog Act; this government voted it down.

Barbara Captijn, who is also a consumer rights advocate, states:

“The Ontario Consumer Watchdog Act is a light for consumers in the current feeble state of consumer protection in Ontario. The patchwork of legislation, regulations, and legal grey areas in the current landscape is difficult for consumers to navigate.

“This bill addresses a much-needed area for modernization, and can help fix injustices and imbalances in the current system, and could help improve the lives of everyday Ontarians.”

Dr. Karen Somerville, who is the president of Canadians for Properly Built Homes, enthusiastically supported our consumer watchdog act. Karen talks about the decline in consumer protections across the board in Ontario for a number of years. She states:

“It’s obvious to most that Tarion is beyond repair. And now, the new Home Construction Regulatory Authority (HCRA), known broadly as ‘Tarion II,’ displays many of Tarion’s problems.”

Speaker, while I am in support of increased protections for consumers, there is much missing from this Bill 142, Better for Consumers, Better for Businesses Act. I would like to see this government stop talking about talking and actually get to the work of protecting consumers, stopping NOSIs and liens against title, and making sure that they are looking out for seniors, people living with disabilities and newcomers from falling prey to these terrible schemes.

Good morning. Let us pray.

Prayers.

Resuming the debate adjourned on October 30, 2023, on the motion for second reading of the following bill:

Bill 142, An Act to enact the Consumer Protection Act, 2023, to amend the Consumer Reporting Act and to amend or repeal various other Acts / Projet de loi 142, Loi visant à édicter la Loi de 2023 sur la protection du consommateur, à modifier la Loi sur les renseignements concernant le consommateur et à modifier ou abroger diverses autres lois.

Thank you to my colleague from London North Centre for those thoughtful comments on the bill. I have a situation in my riding where 32 constituents have been waiting five years for a developer to build the homes that they have put down tens of thousands of dollars for. The developer has failed to communicate with them about timelines and has provided inaccurate information. These people who are making one of the largest purchases of their lives have been begging this government to act to protect them. They filed an appeal to the Home Construction Regulatory Authority 28 months ago, and there has been no action by HCRA, no penalties levied, no fines, and no action taken.

What does this bill do to help consumers like my constituents who are unable to get homes built or are getting homes that are built of shoddy construction in the province of Ontario?

We’re going to move to questions.

While I agree with some of the stuff that my fellow on the other side of the aisle has said, I don’t agree with everything. We have a time that we’re going to be consulting with stakeholders, with the people of Ontario, which ends on December 1, to get their input. This bill has not been updated in 20 years, which is a shame for your government, the Liberals and for us. But it’s being done. To counter some of the things you said, we want the contracts to be simpler so people can understand them on both sides of the event that’s happening with these people.

I’ve seen videos from the Waterloo Regional Police of a gentleman who was—

Does the member not understand that we are doing something and we are going ahead and that we are consulting with stakeholders and the people of Ontario?

Thank you to the member from the opposition for sharing his point of view, but we are aware that all of his examples were past tense. That means we are moving forward. This bill is to help protect the customers in Ontario to move forward. This bill has called to strengthen protections for Ontarians from unfair business practices. The bill’s name is the Better for Consumers, Better for Businesses Act.

There is one key component in this bill: consultation. My question to the member is—yes, you have a lot of great ideas. Are you going to bring your stakeholders to join this consultation to make this bill workable?

I really want to thank the member for his comments this morning.

For 15 years, the Liberals allowed these dubious business practices that exploited people, in particular seniors and people with disabilities, locking them into contracts, long-term contracts, completely unfair contracts for hot water tanks, and then this government has allowed the same people to be exploited for another five years. Yet you’re saying that all of that exploitation, the liens that have been taken out on people’s homes, the up to $20,000 you were talking about—are those going to be expunged? Is this government actually going to stand up for consumers, or is this just wordplay and window dressing that they’re doing?

I’d like to thank the member from Cambridge for his question. You talk about 20 years of waiting; we can talk about the five years this government has been in power and has seen all of this news coverage. The problem with that is that while they talk about talking and they talk about acting, groups like Ontario Green Savings and the Green Retrofit Program Capital are still in action. They are still exploiting people. They are still taking advantage of people. And they are still signing contracts with vulnerable folks.

There is no indication from this government that they will take those liens that are currently being written and make them retroactive. Will they take away all liens for folks who have been exploited in this way? That’s my question. Is the government going to do the right thing and do well by consumers, or are they just going to talk about talking?

We could have a government that stands up for people, we could have a government that overhauls Tarion and we could have a government that has actual consumer protection advocates on both boards, yet they choose not to. The Premier himself has said, during the price gouging during COVID-19, that he would be some big gorilla and he would look after things, but not one action has been taken on people who do this sort of gouging or people who take advantage of folks who have signed on the biggest purchase of their life—their home. That’s disgraceful.

You can’t ignore these—you can’t say, “Moving forward, all of these terrible things are bad, but to all the people who have come before, sorry; too bad, so sad.” Is this government going to stand up for people who have been exploited? Yes or no?

Many people who reached out initially will make a complaint to Consumer Protection Ontario, but do you know what they’re told, Speaker? They’re told to get a lawyer. Justice comes at a price because of this government’s inaction, their removal of investments within community legal aid and so many more things. It is really a disgrace.

It’s horrible to think that we’ve seen, year after year after year, exposés, undercover investigations, and this government says now that, well, they just want to talk about it, they want to hear about it. The evidence is clear. It’s clear that there aren’t consumer protection advocates on Tarion nor HCRA. We need to actually think of consumers in this province and not just talk about it.

I’ve been listening intently to my friend, and he was talking about the action—they would take the action, they did take the action, they might take. He references Bill 77 that didn’t pass. Outside of setting up bureaucracy, what action does that bill ask for?

I am delighted about this opportunity to express my support for the Better for Consumers, Better for Businesses Act, 2023. I’ll share my time with my colleague for Mississauga–Lakeshore

This proposed legislation is a significant step forward in enhancing consumer protection and ensuring a fair and transparent marketplace for both consumers and businesses in our great province of Ontario. In an ever-evolving world, it is crucial that our consumer protection laws keep pace with the changing landscape of commerce.

The last comprehensive review of consumer protection laws took place nearly two decades ago in 2005. Since then, our marketplace has undergone a substantial transformation with the advent of online shopping, the proliferation of apps and new modes of conducting business. It is high time that we update and strengthen our consumer protection framework to address the challenges and opportunities presented by this digital age.

This proposed legislation encompasses a wide array of initiatives aimed at enhancing consumer protection and supporting businesses in their compliance efforts. I would like to highlight several key aspects of the bill and the potential positive impact it can have on our consumers and businesses.

One of the most important aspects of this legislation is its commitment to tackling unfair business practices. It explicitly prohibits specific unfair practices such as price gouging and taking advantage of a consumer’s inability to understand contractual language. By doing so, we are sending a strong message that unscrupulous business practices will not be tolerated in our province. The bill also updates the list of prohibited false, deceptive or misleading representations, ensuring that customers are protected from false claims and deceptive practices by businesses.

The media repeatedly reported on the issue notice of security interests, called NOSIs, shedding light on the challenges faced by unsuspecting homeowners, including some in Markham–Unionville. A NOSI is a registration on the land registry system that serves to notify third parties that a lender or lessor has a vested interest in a fixture on the land. Fixtures can include essential home equipment such as water heaters or furnaces that are installed in the consumer’s home.

These NOSIs are a vital part of the business landscape, allowing companies to protect their interests in goods should the homeowner default on payment, decide to sell their property or refinance it. However, NOSIs can lead to misunderstanding and disputes. Some unscrupulous businesses have misused NOSIs as leverage when consumers attempt to sell their homes or seek to refinance their properties. These tactics can force consumers to pay excessive amounts to clear the NOSI from their property title or even compel them to engage in costly, time-consuming legal battles to have the NOSI discharged.

Over the years, I have heard from constituents in my riding that NOSIs were placed on homes without their knowledge, resulting in financial burdens far beyond the value of the rented equipment.

The Personal Property Security Act allows businesses to register NOSIs on the title to land. It also provides remedies when consumers have fulfilled their obligations related to the NOSI but the business has not discharged it. However, the process has always been fraught with complexities, leaving many consumers in precarious situations.

The proposed new legislation seeks to bring much-needed clarity and fairness to the matter of NOSIs. It aims to clarify a business’s obligations to discharge a NOSI under specific circumstances, ensuring businesses follow a transparent process. It also paves the way for consumers to receive assistance from the Ministry of Public and Business Service Delivery in enforcing a business’s obligation to discharge a NOSI.

This legislation acknowledges the vital role NOSIs play in the business landscape but is determined to prevent their misuse at the expense of unsuspecting consumers. It reinforces the need for clear and fair procedures and ensures that businesses act responsibly when registering and discharging NOSIs. This way, consumers can have confidence that their property rights are protected and they are not subjected to excessive costs or legal disputes when attempting to sell or refinance their homes.

The proposed legislation’s approach towards NOSIs demonstrates this government’s commitment to promoting fairness and transparency in the marketplace, ensuring that consumers are not unduly burdened by these security interests. It also represents a significant step forward in enhancing consumer protection and supporting businesses in adhering to these essential rules.

The Ministry of Public and Business Service Delivery is actively seeking public input on addressing and reducing the harmful and inappropriate use of NOSIs against unsuspecting consumers. I greatly appreciate this engagement with the public and stakeholders as it demonstrates this government’s commitment to creating a fair and just marketplace.

This bill addresses another issue that many homeowners in Ontario have faced, that is, predatory practices by some suppliers leasing equipment to homeowners. It establishes specific rules for long-term leases of home-comfort appliances such as heating, ventilation and air conditioning systems. These purchase-cost-plus leases are often a source of frustration for homeowners who wish to exit their contracts. This legislation establishes a 10-day cooling-off period and sets limits on termination costs for these leases, providing homeowners with greater protection.

The proposed legislation prohibits businesses from including terms in contracts that deter consumers from publishing reviews or billing consumers in response to the content of reviews. This promotes transparency and accountability in the marketplace.

This legislation is not just about protecting consumers; it’s also about supporting businesses in their efforts to comply with consumer protection rules. It introduces a single set of core rules that apply to most consumer contracts, whether for online or in-person purchases. This will simplify compliance and reduce the administrative burden for businesses.

The proposed amendments to the Consumer Reporting Act will enable consumers to assess their credit information and credit scores electronically once a month, providing them with valuable insights into their financial health.

By strengthening consumer protection and promoting fair business practices, we can boost consumer confidence, boost economic growth and create a marketplace where all stakeholders can thrive. I urge all members to join me in supporting this legislation, which will make Ontario a better place for consumers and businesses alike.

The next question.

I’d like to thank the Attorney General for his question. It’s interesting that he’s talking about setting up bureaucracy when this government, when they were in opposition for 15 long years, promised that they would get rid of the monopoly known as Tarion, that they would overhaul it. Instead of fulfilling their promises, instead of being good to their word, instead of doing the honourable thing, they instead created yet another regulatory body, the Home Construction Regulatory Authority. They created yet more bureaucracy, using their words.

Now, had that been something that advanced the purposes and the causes of consumers, and had it protected people, had it stood up for people in the Ottawa area who were having to add yet more money to an unethical developer just to honour the contract they had already signed, maybe that would be something that the official opposition could support. But instead, we see the same systems at play again and again and again: consumers being exploited by government neglect. We see words; we don’t see actions. Let’s see some more actions. Let’s see you stand up for seniors.

It’s an honour to rise here this morning to support Bill 142, the Better for Consumers, Better for Businesses Act. I want to thank the member for Markham–Unionville for sharing his time with me today, and I want to congratulate my former colleague at the Treasury Board both on his appointment as the Minister of Public and Business Service Delivery and on his first bill in his important new role. I want to thank him and his team for all the work they’re doing on this bill.

The minister and many of our colleagues have explained how, if passed, Bill 142 would modernize and update the Consumer Protection Act for the first time in 20 years. It includes many changes that the public and stakeholders have asked for over the last three years. Many of these new amendments against unfair business practices will help protect seniors, immigrants and other vulnerable Ontarians, who are often targets of scams, fraud and identity theft.

This morning, I’d like to focus in particular on schedule 2 and on the minister’s proposed amendments to Ontario’s Consumer Reporting Act. As you know, Speaker, this law, which was originally introduced in 1971, governs the collection and reporting of credit information about consumers by reporting agencies like TransUnion and Equifax. In the late 1990s, these credit reporting agencies began to allow consumers to access their credit reports online for a fee, usually between $10 and $20, to cover the technical costs of making credit reporting available online.

Twenty years ago, President George W. Bush and the United States Congress passed the Fair and Accurate Credit Transactions Act, to allow American consumers to obtain free online credit reporting at least once per year from each agency. Many other countries have passed similar laws because they understand that any technical costs were recovered a long time ago.

But in Ontario, the current section 12 of the Consumer Reporting Act requires the reporting agencies to provide free credit reports only after a written request, not online. There is only one physical location for each agency—Burlington for TransUnion; North York for Equifax—which is not practical for most consumers, so they would either have to make a request by mail and wait several weeks, or pay $15 online. And since there can be differences between the two credit reports from TransUnion and Equifax, you would have to pay both. This becomes a major profit centre for the reporting agencies. If a million Ontarians requested their two credit reports online each year, it would cost up to $30 million.

That’s why, earlier in our first term, in 2018, I met with Bill Walker, who was then the Minister of Government and Consumer Services, and his staff. I was joined by my friend and a constituent of mine, Jim Aziz, an expert on international consumer reporting, who was involved in drafting Ontario’s original consumer reporting act 52 years ago, in 1971. Since then, he has worked to update and modernize consumer reporting laws and regulations in over 20 countries, to meet the latest international standards. He has worked with the International Monetary Fund, the American State Department, the World Bank, the Asian Development Bank, the UK Department for International Development, and the European Bank for Reconstruction and Development.

Today, Mr. Aziz says that the amendments introduced in schedule 2 of Bill 142 will help Ontario to meet international best practices in consumer credit reporting, with many new protections for Ontario consumers. I’ll take a moment now to speak about a few of these.

First, this bill would amend section 12 of the act to provide consumers with free access to their personal credit reports at least once per month online and at least two times each year by mail or by phone. As Mr. Aziz says, it is important for consumers to be able to view their credit reports, not just when they’re applying for a mortgage or other large credit purchase, but all the time, to help ensure that the information in their credit reports is accurate, and to see if there is any evidence of identity fraud or theft.

As the minister said, within the last five years alone, there have been major data leaks at both TransUnion and Equifax. A TransUnion data leak in 2019 affected 37,000 Canadians. An Equifax leak in 2017 was the largest in history, affecting over 150 million people worldwide, including 19,000 here in Canada. As the minister said, since then, our government has held public consultations about amendments to the act to help consumers monitor their credit information, and to protect against identity theft.

The proposed section 12.4 allows consumers to place a security freeze on their information with TransUnion and Equifax. This is one of the best ways to prevent an identity thief from opening a new credit account in your name. I understand that the ministry has received over 20 requests for a security freeze option in Ontario, just this year alone. The security freeze has been an option in the US since 2018, and it was introduced in Quebec earlier this year.

The proposed section 12.6 would allow consumers to add a statement in their credit report of up to 200 words. This can be used to provide valuable context about a particular account. For example, if you’re a victim of identity theft, or if you missed loan payments because you were laid off during the COVID-19 pandemic, a statement can help provide potential lenders with information about your history.

The proposed section 23 would provide consumers with the right to take legal action against credit reporting agencies and to seek damages when they don’t comply with the act or the regulations. This should make it easier for consumers to correct false information in the credit reports.

Bill 142 would also update the penalties in the Consumer Reporting Act for the first time since 1990. The penalty for directors and officers would double, from $25,000 to $50,000, and the penalty for corporations would increase from $100,000 to $250,000. This would bring the penalties in the act in line with the laws in other sectors and ensure that consumers can hold these agencies accountable.

Speaker, last year the minister and I had the opportunity to meet with TransUnion’s insurance and analytics team at our office at the Treasury Board. Clarke Cross, TransUnion’s director of government relations, also attended, and I was glad to read his comments supporting Bill 142:

“TransUnion is pleased to see the government taking action to update credit consumer reporting. Through an extensive consultation process, the Better for Consumers, Better for Businesses Act, 2023, will provide people with modern and enhanced tools for managing their credit information. We’re excited for changes that continue to empower consumers and help companies like TransUnion to better serve Ontarians.”

Speaker, I should note that Equifax also supports free online credit reports each month, and many of the other changes proposed in Bill 142. Together, these changes reflect the latest international standards for best practice.

Again, I want to thank our minister and his team for all their work on this bill, and I hope all the members will support this. This bill will make a big change here in the province of Ontario.

The member for Mississauga–Lakeshore.

I was very intrigued by the member from Mississauga–Lakeshore’s comments, and I appreciate the fact that Equifax is on board with this. In my previous life, I dealt with credit reports on a regular basis, and I’m really happy to see that this is going to be accessible to the public because it does truly make a difference when people have to make that purchase and move forward with their lives, which is what we want all Ontarians to be able to do.

But speaking of this, could I ask the member exactly what kind of unfair business practices Ontarians are being targeted and victimized by? And just maybe circle around this issue of people’s rating in Equifax; I’m actually, honestly, really interested. What are the most heinous and preventable offences that Ontarians are facing, as well as weak consumer protection rules, and how is this proposed legislation going to address them?

We’re going to move to questions.

For a final response, and a not-too-long one, the member for Markham–Unionville.

I listened intently to what my friends in government were saying this morning. I know it’s only 10 o’clock in the morning, but I move to ask a bit of a big-picture question to solicit a response from either member: What’s the purpose of government?

Because for me, when I think about a debate on a bill like this, I think the purpose of government is to make sure there’s equal opportunity for people to seek redress when they’re harmed. That’s a major responsibility. And sadly, what I’ve seen in the last five years as I’ve been in this place is the end of the Environmental Commissioner, the end of the French language commissioner.

And when we have been offering in debate the prospect of a consumer watchdog—this is what the member from Humber River–Black Creek, our lead on this, has insisted that the government take on—we have not seen that taken up. What I fear is, for people in this House and others like us in Ontario who have the means and the capacity to fight for our consumer rights, the status quo may be fine. But as the member from London North Centre said very clearly, people are going to continue to fall between the cracks.

It’s an invitation to either member: There is a lot of good stuff in this bill, but would you propose a strong consumer watchdog to ensure that people who don’t have the resources that people like us do in this House can fight for their rights when they are harmed?

I want to thank the member of Thornhill for that question. As you know, before, you would have to go to the two offices—one is in Burlington; one is in North York—to get your information. But now that you can do it online, you can do it monthly. You could even prevent people from taking identity theft on you, because you could check your credit rating on a monthly basis to see how you stand out there, and that will protect you.

But not only that, you can even put a security freeze on your account. So if you look at someone that never needs to borrow money, he could freeze his account so that no information would ever be leaked.

These are all things that will protect our consumers out there, because as we know, there is a lot of identity theft that is going on right now. And you see what happens: You sometimes go to apply for a mortgage and someone already has a mortgage in your name. And even on your vehicles too—you have noticed that people have liens on your vehicle.

By doing this, that you can check your credit rating on a monthly basis for free, it will prevent or decrease theft.

I think I speak for all of my constituents when I say that a review of this legislation is long overdue, and changes are necessary. I’m very glad to see that our government is making meaningful changes here and to hear the very supportive comments from the opposition.

Stories of fraud and bad business practices are far too common. What makes it worse is knowing that our laws on consumer protection haven’t been updated for almost 20 years. If we don’t take decisive action now, we’re opening the door for Ontarians to remain vulnerable and for our economy to lag due to a lack of confidence in the consumer market.

Through you, Speaker, I was wondering if the member from Markham–Unionville, because he was speaking about that during his speech, could elaborate on why our government is moving to make these changes now and what is the main reason for doing so.

My question is to the member from Markham–Unionville. These NOSIs and liens that we’ve been discussing this morning are unjust enrichment. Will this government cancel the bad actors’ NOSIs and liens, or do Conservatives support unjust enrichment?