Online reviews, right to repair, charger compatibility, voidable contracts and heavier penalties are soon coming into effect. 

The Ontario Government has passed Bill 142, entitled “Better for Consumers, Better for Businesses Act, 2023”, which will replace the province’s Consumer Protection Act, 2022 and received royal assent on December 6, 2023. Of particular note for technology lawyers:

Contract disclosures: The amendments consolidate existing contract disclosure requirements into a single set of “rules respecting various consumer contracts” applicable to a range of contracts including as direct, remote, internet, and future performance contracts. The categories of contracts to which this applies can be expanded by regulation.

Online reviews: Suppliers subject to the act are prohibited from including any terms that prevent consumers from publishing a review about the supplier, its goods or services. 

Limiting damages or recourse: Suppliers are prohibited from limiting the monetary limit for a breach of warranty under the Sales of Goods Act or any deemed warranty under the new Act. In addition, arbitration clauses or other terms that purport to restrict access to the Ontario Superior Court of Justice are prohibited. 

Read the full article here.