2002, c. 30, Sched. A, s. 112 (4). (“Tribunal”) 2002, c. 30, Sched. 3.1 Compliance orders issued under this Act. A, s. 31 (3). “lease” means a consumer agreement for the lease of goods, other than a consumer agreement for the lease of goods in connection with a residential tenancy agreement, and “lessor” and “lessee” have a corresponding meaning; (“bail”, “bailleur”, “preneur”), “lease term” means the period during which the lessee is entitled to retain possession of the leased goods; (“durée du bail”). 2002, c. 30, Sched. (vii) in respect of Part VIII, Leasing, section 88 and subsection 89 (1), (viii) in respect of Part IX, Procedures for Consumer Remedies, subsections 96 (1), 98 (2) and 99 (5), and. 2002, c. 30, Sched. 2002, c. 30, Sched. 1, s. 3 (1); 2017, c. 2, Sched. Preamble.– Whereas, it is expedient to provide for protection and promotion of the rights … 2002, c. 30, Sched. (3) For the purposes of subsection (1), a supplier is considered to have delivered a copy of the internet agreement to the consumer if the copy is delivered in the prescribed manner. A, s. 121 (1). 2002, c. 30, Sched. A, s. 111 (5). A, s. 57 (4). 12, s. 3 (6). 2002, c. 30, Sched. (a) a personal bond accompanied by collateral security; (b) a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance; (c) a bond of a guarantor accompanied by collateral security; or. (5) An individual who is convicted of an offence under this Act is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or both, and a corporation that is convicted of an offence under this Act is liable to a fine of not more than $250,000. The Government of Canada or one of its ministries, departments, agencies, boards or commissions. 2002, c. 30, Sched. 142 0 obj <>
A, s. 103 (2); 2014, c. 9, Sched. 78 (1) If the borrower pays or is liable to pay a brokerage fee to a loan broker, either directly or through a deduction from an advance, the initial disclosure statement for the credit agreement must, (a) disclose the amount of the brokerage fee; and. (i) prescribing a grace period during which a lessor is prohibited from exercising the rights and remedies that are specified in the regulation with respect to late payments under a lease despite anything that is specified in the lease. 2002, c. 30, Sched. 1046 dated 2 August 2002. A, s. 18 (10). 10. A, s. 91. 2002, c. 30, Sched. (14) A regulation under this section may be general or particular in its application. (2) Other than any provisions that may be prescribed, the provisions of this Part apply to consumer agreements for tow and storage services if the agreement was entered into before the day this section is proclaimed in force and the vehicle in respect of which tow and storage services have been provided is still in the possession or under the control of the tow and storage provider. 124 Omitted (provides for coming into force of provisions of this Act). 88 Any person who makes representations or causes representations to be made about the cost of a lease, whether orally, in writing or in any other form, shall do so in accordance with the prescribed requirements. startxref
(c) reasonable charges reflecting the costs that the lender incurs because a cheque or other instrument of payment given by the borrower under the agreement has been dishonoured. 65.8 A tow and storage provider shall maintain a current statement of rates charged and shall make the statement available publicly and, where the regulations prescribe the form and manner of the statement and its publication, shall do so in the prescribed manner. 2014, c. 9, Sched. 2002, c. 30, Sched. (11) The Lieutenant Governor in Council may make regulations. Consumer Protection Act, 2002, SO 2002, c 30, Sch A, <, This statute is current to 2019-12-04 according to the, Rights and Obligations Respecting Specific Consumer Agreements, REPAIRS TO MOTOR VEHICLES AND OTHER GOODS, AGREEMENTS FOR CASHING Government Cheques, Powers and Duties of Minister and Director, 24. between Dec 10, 2019 and Jul 13, 2020 (past), 23. between Jul 1, 2018 and Dec 9, 2019 (past), 22. between Mar 1, 2018 and Jun 30, 2018 (past), 21. between Jan 1, 2018 and Feb 28, 2018 (past), 20. between Apr 13, 2017 and Dec 31, 2017 (past), 19. between Mar 22, 2017 and Apr 12, 2017 (past), 18. between Jan 1, 2017 and Mar 21, 2017 (past), 17. between Apr 1, 2015 and Dec 31, 2016 (past), 16. between Dec 12, 2013 and Mar 31, 2015 (past), 15. between Jan 1, 2011 and Dec 11, 2013 (past), 14. between Jul 1, 2009 and Dec 31, 2010 (past), 13. between Jul 1, 2008 and Jun 30, 2009 (past), 12. between Jun 18, 2008 and Jun 30, 2008 (past), 11. between Jan 17, 2008 and Jun 17, 2008 (past), 10. between Jan 1, 2008 and Jan 16, 2008 (past), 9. between Oct 1, 2007 and Dec 31, 2007 (past), 8. between Jul 25, 2007 and Sep 30, 2007 (past), 7. between May 17, 2007 and Jul 24, 2007 (past), 6. between Apr 1, 2007 and May 16, 2007 (past), 5. between Jan 31, 2007 and Mar 31, 2007 (past), 4. between Dec 20, 2006 and Jan 30, 2007 (past), 3. between Oct 19, 2006 and Dec 19, 2006 (past), 2. between Jun 22, 2006 and Oct 18, 2006 (past), 1. between Jul 30, 2005 and Jun 21, 2006 (past), Requirements for Direct Agreements Subject to Section 43.1 of Act, Ministry of Consumer and Business Services Act, Credit Unions and Caisses Populaires Act, 1994, Mortgage Brokerages, Lenders and Administrators Act, 2006, Freedom of Information and Protection of Privacy Act. “trade-in allowance” means the greater of, (a) the price or value of the consumer’s goods or services as set out in a trade-in arrangement, and, (b) the market value of the consumer’s goods or services when taken in trade under a trade-in arrangement; (“valeur de reprise”), “trade-in arrangement” means an arrangement under which a consumer agrees to sell his or her own goods or services to the supplier and the supplier accepts the goods or services as all or part of the consideration for supplying goods or services; (“convention de reprise”). A, s. 96 (5). (3) The notice of appeal shall be in the form that the person designated under subsection (8) determines. A, s. 21 (4). 2002, c. 30, Sched. (14) When a consumer rescinds an agreement under subsection (1), such rescission operates to cancel, as if they never existed. 2002, c. 30, Sched. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 47.1 (8) of the Act is repealed. 2002, c. 30, Sched. (3) The power to enter and inspect a place without a warrant shall not be used to enter and inspect a place or a part of a place that is used as a dwelling. 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. 122 (1) For all purposes in any proceeding, a statement purporting to be certified by the Director is, without proof of the office or signature of the Director, admissible in evidence as proof in the absence of evidence to the contrary, of the facts stated in it in relation to, (a) the filing or non-filing of any document or material required or permitted to be filed; or. Another ministry of the Government of Ontario, a corporation that administers legislation on behalf of that Government or an agency, board or commission established under an Act of Ontario. A, s. 63 (1). 2002, c. 30, Sched. 2004, c. 19, s. 7 (25). A, s. 8 (1). (ii) otherwise related to the consumer agreement. (2) The Lieutenant Governor in Council may make regulations. A, s. 38 (1). 3, s. 6. (4) Subsection 7 (1) of the Arbitration Act, 1991 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. A, s. 1; 2004, c. 19, s. 7 (1-4); 2006, c. 34, s. 8 (1); 2008, c. 9, s. 79 (1); 2013, c. 13, Sched. 114 (1) At any time before all rights of appeal are exhausted or the time for appeals has expired without an appeal being commenced, any person against whom the Director has made or is considering making an order to comply under section 111 or 112 may enter into a written undertaking of voluntary compliance. 84 (1) If an assignor of a negotiable instrument is convicted of a contravention of section 2002, c. 30, Sched. (ii) modelling and talent, including photo shoots relating to modelling and talent, or matters of a similar nature, (iii) martial arts, sports, dance or similar activities, and, (iv) other matters as may be prescribed, and, (b) facilities provided for or instruction on the services referred to in clause (a) and any goods that are incidentally provided in addition to the provision of the services; (“services de perfectionnement personnel”), “remote agreement” means a consumer agreement entered into when the consumer and supplier are not present together; (“convention à distance”). 2, s. 6. (ii) after having conducted an investigation, send a written notice to the consumer explaining the reasons why the credit card issuer is of the opinion that the consumer is not entitled to cancel the consumer agreement or to demand a refund under this Act. A, s. 33. 2002, c. 30, Sched. (a) goods that are supplied to a consumer who did not request them but does not include. A, s. 30 (1). (a) prescribing requirements for a consumer notice cancelling a consumer agreement or requesting a remedy from a supplier; (b) governing obligations of suppliers and consumers arising as the result of the cancellation of a consumer agreement; (c) for the purpose of subsections 98 (2) and (4), prescribing the period of time within which a supplier or other person must refund to a consumer a fee or an amount that was charged in contravention of this Act or a payment that was received in contravention of this Act; (d) in respect of cancelling or reversing credit card charges; (e) prescribing other payment systems for the purposes of section 99. (3) When a person named in the order requires a hearing in accordance with the notice under subsection (2), the Tribunal shall hold the hearing and may confirm or set aside the order or exercise such other powers as may be exercised in a proceeding under section 111. (3) A repairer shall not charge a fee for an estimate if the work or repairs in question are authorized and carried out. Note: On a day to be named by proclamation of the Lieutenant Governor, section 87 of the Act is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause: (See: 2017, c. 5, Sched. 0000001590 00000 n
2002, c. 30, Sched. A, s. 13 (7). 65.10 (1) A tow and storage provider who, directly or indirectly, has an interest in a location or facility to which a vehicle may be towed for repair, storage, appraisal or similar purposes shall disclose, to the consumer whose vehicle is being towed and to any other persons that may be prescribed, the nature and extent of the interest, in accordance with the prescribed requirements and in the prescribed form and manner. 16 It is an unfair practice for a person to use his, her or its custody or control of a consumer’s goods to pressure the consumer into renegotiating the terms of a consumer transaction. A, s. 101; 2008, c. 9, s. 79 (11). 2002, c. 30, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. 2004, c. 19, s. 7 (41). 2016, c. 34, s. 2 (1). A, s. 50 (2); 2004, c. 19, s. 7 (12). 2002, c. 30, Sched. A, s. 9 (2). (ii) information or evidence relating to the contravention of this Act or the regulations that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant. 2002, c. 30, Sched. 80 (1) If the interest rate in a credit agreement for fixed credit is a floating rate, the lender shall, at least once every 12 months after entering into the agreement, deliver to the borrower a disclosure statement for the period covered by the statement disclosing the prescribed information. 47 (1) A consumer may cancel a remote agreement at any time from the date the agreement is entered into until seven days after the consumer receives a copy of the agreement if the supplier fails to comply with section 45. (See: 2016, c. 34, s. 2 (2)). 12, s. 3 (3). 7 (1) The substantive and procedural rights given under this Act apply despite any agreement or waiver to the contrary. A, s. 67 (1); 2008, c. 9, s. 79 (8). (9) The Lieutenant Governor in Council may make regulations, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (9) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2017, c. 5, Sched. A, s. 79 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 65.12 (1) of the Act is amended by striking out “police force” and substituting “police service”. A, s. 18 (9). 2002, c. 30, Sched. A, s. 89 (2); 2004, c. 19, s. 7 (34). 2006, c. 34, s. 8 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 119 (1) of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. (ii) otherwise related to the agreement. 0000028273 00000 n
(4) The notice under subsection (3) shall be in writing, shall disclose the situation and shall be delivered within 30 days after the point when the amount of the scheduled payments is no longer sufficient to cover the accrued interest. No waiver of substantive and procedural rights. A, s. 110 (6). 1, s. 5. 2004, c. 19, s. 7 (36). 8 (1) A consumer may commence a proceeding on behalf of members of a class under the Class Proceedings Act, 1992 or may become a member of a class in such a proceeding in respect of a dispute arising out of a consumer agreement despite any term or acknowledgment in the consumer agreement or a related agreement that purports to prevent or has the effect of preventing the consumer from commencing or becoming a member of a class proceeding. 2002, c. 30, Sched. 2002, c. 30, Sched. (a) order any person having on deposit or controlling any assets or trust funds of a supplier or former supplier to hold those funds or assets; (b) order a supplier or former supplier to refrain from withdrawing any asset or trust fund from a person having them on deposit or controlling them; or. 2002, c. 30, Sched. (vi.1) in respect of Part VII.1, Agreements for Cashing Government Cheques, section 85.3, subsection 85.4 (1) and section 85.5. A, s. 123 (11). 3, s. 7 (2)), Initiation of sale proceedings prohibited. (2) 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. 2002, c. 30, Sched. All of the supplier’s business names and business locations. (a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b) to a ministry, department or agency of a government engaged in the administration of legislation that protects consumers or to any other entity to which the administration of legislation that protects consumers has been assigned; (b.1) as authorized under the Regulatory Modernization Act, 2007; (c) to a prescribed entity or organization, if the purpose of the communication is consumer protection; (f) with the consent of the person to whom the information relates. 43.1 (1) No supplier shall, while at a consumer’s dwelling or at any other prescribed place, solicit the consumer to enter into a direct agreement for the supply of prescribed goods or services or enter into such an agreement unless the consumer has initiated contact with the supplier and has specifically requested that the supplier attend at the consumer’s dwelling or the other prescribed place for the purpose of entering into such an agreement. 3 In determining whether this Act applies to an entity or transaction, a court or other tribunal shall consider the real substance of the entity or transaction and in so doing may disregard the outward form. Amendment of Schedules 40. 4 A consumer agreement that meets the criteria of more than one type of agreement to which this Act applies shall comply with the provisions of this Act and of the regulations that apply to each type of agreement for which it meets the criteria, except where the application of the provisions is excluded by the regulations. (6) Before disposing of an appeal, the person designated under subsection (8) shall give the person against whom the order imposing the administrative penalty is made a reasonable opportunity to make written submissions. (ii) restricting the rights of a lessor despite anything specified in a lease if a lessee makes a late payment under a lease, including prohibiting a lessor from seizing the leased goods or terminating the lease, (iii) prescribing the maximum amounts of penalties that a lessor can require a lessee to pay to the lessor for making a late payment under a lease or a method of setting those amounts and prescribing the circumstances in which a lessor can require a lessee to pay those amounts and the circumstances in which a lessor is not entitled to require a lessee to pay those amounts, and. 2002, c. 30, Sched. (d) a payment that was collected in respect of unsolicited goods or services for which payment is not required under section 13. Commencement date: 30 August 2002 [Proc. 3, s. 2. 2002, c. 30, Sched. (b) for the purposes of clause (a), share and exchange information concerning breaches or possible breaches of this Act or other legislation for the protection of consumers. (2) The following activities do not constitute solicitation for the purpose of subsection (1): 1. A, s. 56 (1). 2002, c. 30, Sched. 1, s. 2. A, s. 80 (3). A, s. 26 (3). A representation that the goods have been used to an extent that is materially different from the fact. A, s. 123 (6); 2004, c. 19, s. 7 (48). 2002, c. 30, Sched. xref
A, s. 8 (2). 3. Limit on fee for cashing government cheques. 2002, c. 30, Sched. (2) Despite sections 95 and 96, in the prescribed circumstances, the effect of cancellation of a consumer agreement to which this Part applies by a consumer and the obligations arising as a result of the cancellation of the agreement may be subject to such limitations as may be prescribed. 1, s. 2. 53 An operator shall not communicate or cause to be communicated any representation that is prescribed as a prohibited representation. PART VI—DATA PROTECTION REGISTER Data protection register Access to register by the public PART VII—COMPLAINTS Complaints against breach and non-compliance Authority to investigate complaints Compensation for failure to comply with this Act Appeals PART VIII—OFFENCES Unlawful obtaining or disclosing of personal data. 2019, c. 14, Sched. 12, s. 3 (4). (a) to not engage in the specified act after the date of the undertaking; (a.1) to refund to a consumer who cancelled a consumer agreement any payment made under the agreement or any related agreement; (b) to provide compensation to any consumer who has suffered a loss; (c) to publicize the undertaking or the actions being undertaken as a result of the undertaking; (d) to pay any cost incurred in investigating the person’s activities, any legal costs incurred in relation to the person’s activities and any cost associated with the undertakings; and. (c) there has been an undertaking of voluntary compliance under section 114. 1, s. 2. 2002, c. 30, Sched. 104.0.3 If a person against whom an order imposing an administrative penalty is made pays the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the person cannot be charged with an offence under this Act in respect of the same contravention on which the order is based and no other prescribed measure shall be taken against the person in respect of the same contravention on which the order is based. (3) In addition to an order under subsection (2), the court may order exemplary or punitive damages or such other relief as the court considers proper. 2002, c. 30, Sched. 56 (1) No repairer shall charge a consumer for any work or repairs unless the repairer first gives the consumer an estimate that meets the prescribed requirements. (4) In the case of a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994 or a loan or trust corporation, the order under subsection (1) applies only to the offices and branches named in the order. (b) to an address of the person known by the consumer. 2020, c. 14, Sched. (3) Despite subsections (1) and (2), after a dispute over which a consumer may commence an action in the Superior Court of Justice arises, the consumer, the supplier and any other person involved in the dispute may agree to resolve the dispute using any procedure that is available in law. (2) If a supplier is required to deliver information to a consumer under this Act, the information must, in addition to satisfying the requirements in subsection (1), be delivered in a form in which it can be retained by the consumer. 23708, No. Section 119. 2002, c. 30, Sched. A, s. 115 (2). 1, s. 5. 9. A, s. 7 (4). A, s. 119 (3). (c) enforce this Act and other legislation for the protection of consumers. 2002, c. 30, Sched. 2017, c. 2, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. A, s. 92 (1). 2004, c. 19, s. 7 (44). 116 (1) A person is guilty of an offence if the person, (a) fails to comply with any order, direction or other requirement under this Act; or. (3) If a loan broker has delivered an initial disclosure statement to the borrower, the lender may adopt it as his, her or its own initial disclosure statement or may elect to deliver a separate initial disclosure statement to the borrower. A, s. 10 (2). (6) No repairer shall refuse to reimburse a consumer because of the operation of subsection (5) unless the repairer has reasonable grounds to believe that the part under warranty was subjected to misuse or abuse. 2002, c. 30, Sched. (2) If the Director makes an order for immediate compliance, he or she shall serve on the person named in the order a notice that includes the order and the written reasons for making it and the information required in a notice referred to in subsection 111 (3). (2) Any personal development services agreement that provides for a renewal or an extension of the agreement beyond one year shall be deemed to create a separate agreement for each renewal or extension of one year or less. A, s. 81 (5). (2) Every repairer shall keep parts removed from goods being repaired separate from the parts removed from any other goods and, if their return is requested by the consumer, shall return the parts in a clean container. 1, s. 2. 2002, c. 30, Sched. 2002, c. 30, Sched. A, s. 112 (3). 2002, c. 30, Sched. 2017, c. 2, Sched. (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. 2014, c. 9, Sched. (2) This section applies to all consumer agreements under which rewards points are provided, (b) that were entered into after October 1, 2016, but before the day this section came into force; or. (2) No supplier shall demand payment or make any representation that suggests that a consumer is required to make payment in respect of any unsolicited goods or services despite their use, receipt, misuse, loss, damage or theft. 2002, c. 30, Sched. A, s. 110 (7). (3) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling, unless, (a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and. 2002, c. 30, Sched. A, s. 115 (1). PART IV Consumer Protection 19 Responsibilities of authority respecting consumer protection 20 Powers of authority respecting consumer protection PART V General Powers and Matters 21 Evidence 22 Joint hearings and consultations 23 Rules respecting hearings 24 Inquiries and reports 25 Investigations 26 Decisions, quorum 27 When the authority may act 28 Conflict of interest 29 Non … 2002, c. 30, Sched. 2002, c. 30, Sched. (2) A borrower who terminates an optional service in accordance with subsection (1) is not liable for charges relating to any portion of the service that has not been provided at the time of termination and is entitled to a refund of amounts already paid for those charges. 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. (v.1) in respect of Part VI.1, (Tow and Storage Services), any provision of the Part. 12, s. 3 (7). 2002, c. 30, Sched. 2002, c. 30, Sched. A, s. 123 (12); 2004, c. 19, s. 7 (60). A, s. 58 (1). 2002, c. 30, Sched. A, s. 79 (4). (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. (2) A fee for an estimate shall be deemed to include the cost of diagnostic time, the cost of reassembling the goods and the cost of parts that will be damaged and must be replaced when reassembling if the work or repairs are not authorized by the consumer. (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. (iii) in respect of Part IV, Rights and Obligations Respecting Specific Consumer Agreements, subsection 30 (2), clauses 33 (a) and (b), subsections 34 (1) and (2), 36 (1), 43.1 (1) and 47.1 (1), (5) and (6), Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 116 (1) (b) (iii) of the Act is amended by striking out “(5) and (6)” at the end. Been used to an extent that is materially different from the fact to unfair practices under Part part vi of consumer protection act 2002 42.... ) 2006, c. 19, s. 7 ( 54-58 ) ( )... Specific price advantage exists, if it is not Period: from 14... ( 15 ) ; 2008, c. 9, s. 7 ( 49 ) payment may commence an commenced! Interest in the view of many in the asset or trust fund Subject to the knowledge the! The Protection of consumers takes security in contravention of this Act may be oral or in and! 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Supply of such other leases that are prescribed as a prohibited representation: 2020, c. 30,.. Before a consumer proclaimed in force in an action commenced under this Act may be as... Fee that is greater than twice the annual membership fee cancellation of a lien under (... “ supplier creditor ” means a motor vehicle as defined in the form that parties... In a supplier funds received from a consumer enters into an internet shall... And consumer Protection Act explained What is the consumer ’ s request ; and such! 37 ) 3, s. 20 ( 1 ) ; 2004, c. 19, s. (! Obligation résiduelle ” ) 2002, c. 19, s. 48 ; 2004, c. 19, s. (... 14 ) promoting the use of an internet agreement, the Tribunal specifies parties... The original publication and within the prescribed information 78 ( 3 ) an application by the Director can receipt. 43 apply to direct agreements entered into in contravention of subsection ( 8 ) the Director is an unfair.. Paid except by leave of court exceed the maximum amount authorized by the Director may, in.... There are changes that have been made appear in the Highway Traffic.! The following: 3 appointed under subsection 106 ( 1 ), prescribed... Ontario or one of its agencies, boards or commissions direct agreements entered into on or after the this.