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Decentralized Democracy

Hon. Todd J. McCarthy

  • MPP
  • Member of Provincial Parliament
  • Durham
  • Progressive Conservative Party of Ontario
  • Ontario
  • 23 King St. W Bowmanville, ON L1C 1R2
  • tel: 905-697-1501
  • fax: 905-697-1506
  • Todd.McCarthy@pc.ola.org

  • Government Page

I thank the member for his question and for his input. I was, of course, present for my deputation to start off the committee’s analysis of the bill, and I was present to observe, as well, some of the deliberations.

One of the amendments that was proposed by the opposition was a plain-language quote. But I submit that this is captured in the existing term “comprehensible” in the provisions that we proposed, so while we welcome the input that was given in the proposed amendments, we didn’t accept the proposals because we believe the act was sufficient in its terminology.

But we welcome further input from all, including the opposition members and including the member himself, with respect to the regulation-making process.

What’s important are the core principles. When the rules are clear, then everyone understands, consumers and businesses. And secondly, when an unscrupulous business attempts to put something in that violates the law, that is in contravention of what is identified as an unconscionable practice or an unfair practice, it’s void—end of story. Caveat emptor is fully abolished by the provisions of this act.

At the same time, there are matters before the courts, both civil and criminal, that I can’t comment on directly, and I have to let those play out independently of my role as a minister and our role as parliamentarians, respecting the separation of powers.

Why now? Because we’ve seen such rapid change in how we interact with each other and how businesses interact with consumers—changes that were never even anticipated just two decades ago. What was thought to be modern legislation has quickly become outdated, and the piecemeal amendments that we could make were just not going to be sufficient. So with the input we received, starting in March 2020, it was thought best to completely replace the existing legislation and allow us to keep up with the times, and keep the legislation and regulations associated with it nimble enough to continue to keep up with times that will continue to change rapidly.

To be clear, the bill applies to most consumer transactions, not all consumer transactions. The member’s colleague on the other side of the House asked about the Home Construction Regulatory Authority and the fact that consumers who purchased a house were left without their deposit or their home. That particular regulatory authority is not addressed in this act. It’s part of consumer protection—it’s within my ministry. We have tried to cover most consumer transactions, but keep in mind that there are 12 regulatory authorities or administrative authorities under my ministry’s jurisdiction, and not everything is covered by this specific legislation. But we definitely cover all consumer protection.

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