As previously reported, in November the Ontario Minister of Government and Consumer Affairs introduced Bill 59, the “Putting Consumers First Act”, part of which was designed to address the problem of unethical tactics used in door-to-door solicitation for HVAC sales and rentals. HRAI consulted with Ministry staff in December and was invited to make a submission to the all-party Standing Committee on Social Policy, which met in late February.
HRAI made a submission on behalf of the industry, which included support from the Canadian Institute of Plumbing and Heating (CIPH) and the Canadian Water Quality Association (CWQA), in partnership with whom HRAI has been working on this important issue.
HRAI noted its longstanding interest in this matter and articulated the negative impacts on the industry resulting from the actions of a few companies. While reserving the right to comment on regulations that will follow, HRAI applauded the bill in general and noted it is a significant improvement from the previous private member’s bill that tried to address the problem through the blunt tactic of prohibiting the use of any contracts signed in the home. Because it focuses on all installed products, not just HVAC products, and, more significantly because it distinguishes between unsolicited sales vs. those initiated by homeowners, HRAI offered its support for the legislation in principle.
While supporting the spirit of Bill 59, however, HRAI also expressed significant concerns about the implications of the new legislation. One concern is that the legislation might constrain the ability of HVAC contractors to provide solutions for their customers beyond the purpose of an initial sales call (i.e. when other problems are identified on site). There is also a concern that the bill, as currently framed, will not address phone solicitation tactics employed by certain companies as a way of arranging an appointment in the home (effectively side-stepping the need for selling at the door).
Because the Act is primarily written to give the government the power to legislate in this area, and details of how the law will be applied will be addressed through regulations that will follow, HRAI urged the Ministry to follow through on its commitment to consult thoroughly with members in the development and rollout of these regulations. HRAI also commented that the Act and regulations will be meaningless in the absence of extensive consumer education on their new rights and protections under the law.
For a full copy of the letter, click here.
For more information, contact Martin Luymes at 1-800-267-2231 ext. 235 or email mluymes@hrai.ca.