Canada: Ontario Consumer Protection: New Special Rules For Water Heater Agreements

Last Updated: February 12 2015
Article by Suhuyini Abudulai and Jonathan Fleisher

New amendments to the Consumer Protection Act (Ontario) (the "Act") made in December 2014 in respect of water heater agreements will come into force on April 1, 2015. We previously reported proposed amendments to the Act (that will also come into force on April 1) in our e-Lert of December 19, 2013: " Recent Consumer Protection Developments." Those amendments introduced a 20 day cooling-off period for water heater consumers and a prohibition on delivery and installation of water heaters to consumers within such 20 day cooling-off period. The December 2014 amendments to the Act contain new special rules for water heater agreements.

Changes to Disclosure Statement

The required disclosure statement to be provided to a consumer entering into a water heater agreement has been expanded to include, amongst other requirements:

  • a statement whether the water heater is used or reconditioned
  • detailed information respecting amounts payable by the consumer or charged to the consumer under the agreement
  • a statement that the supplier warrants the water heater will work and provide hot water and will not leak or rupture during the term of the agreement
  • cover pages and additional mandatory statements

Verification Call Now Required

In addition to the statutorily mandated changes to the underlying disclosure statements, water heater suppliers must now make a verification call to all consumers who enter into a water heater agreement as a pre-condition to the agreement becoming effective. The call cannot be made on the same day the agreement is entered into and must be made no later than the 15th day after the agreement sign-up date. The person verifying the agreement for the supplier must follow the script available on the Ministry of Government and Consumer Services (the "Ministry") website and must comply with the guidelines relating to the use of the script. When the call is made to the consumer, the supplier cannot be present at the consumer's residence. Additionally, the call must be recorded and the consumer must be made aware of the recordation.

Verification calls are not required in instances where the consumer initiates contact with the supplier, where a person authorized by law prohibits or restricts the use of the water heater or if there are safety concerns regarding the consumer's existing water heater.

No Installation of Water Heater During Cooling-off Period

As of April 1, 2015, during the cooling-off period, the installation of a water heater and the removal of a water heater from a consumer's residence is strictly prohibited. This ban does not apply in the following circumstances:

  • when the consumer initiates contact with the supplier
  • if a person mandated by statute prohibits or restricts use of the water heater
  • if there are safety concerns in respect of the consumer's existing water heater

New Cover Pages

All water heater agreements entered into on or after April 1, 2015, must have a specific cover page, literally the very first page of the agreement, providing consumers with information about their rights. The cover pages are available on the Ministry's website. Suppliers have to ensure the cover page is attached to the agreement before meeting the consumer and obtain the consumer's signature for both the cover page and the agreement itself. Modifications to the cover page, including page size, are not permitted.

If the prohibition respecting the installation of a water heater and removal of a water heater during the 20 day cooling off-period applies, the cover page "Water Heater Contracts – What You Need to Know" is required.

If the prohibition respecting the installation of a water heater and removal of a water heater during the 20 day cooling-off period does not apply because the consumer initiated contact, the cover page "Consumer-Initiated Calls Water Heater Contracts – What You Need to Know" is required.

If the prohibition respecting the installation of a water heater and removal of a water heater during the 20 day cooling-off period does not apply because (i) a person mandated by statute has prohibited or restricted the water heater or (ii) if there are safety concerns in respect of the consumer's existing water heater, the cover page "Unsafe or Recalled Water Heaters – What You Need to Know" is required.

New Mandatory Statements

All water heater agreements must include new mandatory statements, available on the Ministry's website. The statements must be completed as instructed in the guidelines included with them. Each statement must be signed if it is not located on the same page the consumer signs the agreement. Similar to the cover pages, modifications to the statements are not permitted.

If the prohibition respecting the installation of a water heater and removal of a water heater during the 20 day cooling-off period applies, the statement "Mandatory Statement – if the restriction on time for performance applies" is required.

If the prohibition respecting the installation of a water heater and removal of a water heater during the 20 day cooling-off period does not apply because (i) the consumer initiated contact, (ii) a person mandated by statute has prohibited or restricted the water heater or (iii) there are safety concerns in respect of the consumer's existing water heater, the statement "Mandatory Statement – if the restriction on time performance does not apply" is required.

Additional Disclosure Requirements

Prior to the new amendments, exemptions to disclosure under Part IV (Rights and Obligations of Specific Consumer Agreements) of the Act could be relied upon. Water heater agreements must now provide the disclosure required under both Part IV of the Act, in respect of direct agreements for water heaters, and Part VIII of the Act, which deals with lease agreements.

This e-Lert provides an overview of the amendments coming into force April 1, 2015. Suppliers of water heaters should familiarize themselves with the new disclosure requirements. The cover pages, mandatory statements, verification guidelines and script can be obtained from the Ministry of Government and Consumer Services.  

(This version of the e-LERT was revised on March 10, 2015)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Suhuyini Abudulai
Jonathan Fleisher
In association with
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.