Ontario proposes watchdog with powers to investigate businesses, impose penalties

First-ever independent watchdog could investigate businesses, impose penalties, and override regulatory decisions

Ontario proposes watchdog with powers to investigate businesses, impose penalties

Professional Risks

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A proposed Ontario consumer watchdog organization would gain powers to investigate businesses, impose penalties, handle complaints, and have its decisions prevail over other regulatory bodies in specified sectors.

Bill 92, introduced December 10 as a private member's bill, would require the Minister of Public and Business Service Delivery to develop and implement a plan to establish a consumer watchdog organization. The organization would be independent of government, responsible for overseeing consumer protection matters in Ontario, and established in consultation with relevant stakeholders and the public.

The Ontario Consumer Watchdog Act, 2025, sets out powers and duties for the organization. It would investigate businesses or other entities to determine compliance with consumer protection laws or practices. It would investigate and report on the unfair activities or practices of sectors or groups of businesses or other entities. It would investigate consumer complaints against businesses or other entities submitted to the organization.

The organization would administer penalties to businesses or other entities, determine remedies for consumers or otherwise address the failure of businesses or other entities to comply with consumer protection laws or practices.

The organization would publish the number of consumer complaints against businesses or other entities submitted to the organization, the number of consumer complaints investigated by the organization and the results of the organization's investigations.

The plan must include the role of the consumer watchdog organization in relation to other regulatory bodies, including a plan to allow decisions of the organization to prevail over decisions of other regulatory bodies in specified sectors or with respect to specified groups of business or other entities.

The organization would determine whether existing legislation is no longer serving consumers as a result of the legislation being outdated or poorly enforced. The plan must address any powers or duties under any other Acts, including the Consumer Protection Act, 2002 or the Consumer Protection Act, 2023, which should be assumed under the organization.

The organization would publish public reports on consumer protection matters. It would report to the Legislative Assembly, relevant committees and ministries regarding matters that directly affect consumers. It would educate the public on consumer protection and on how consumers can best exercise their rights and responsibilities.

The bill includes establishing a centre of excellence for consumer protection education that prepares students and all Ontarians to make informed, independent decisions and to exercise their rights and responsibilities as consumers. It includes establishing a centre of excellence for consumer policy research and analysis to assist policymakers in assessing the impacts of their policy proposals on consumers.

The preamble states that anti-consumer activities or practices on the part of some businesses and other entities is a real and serious problem in Ontario. Challenges to consumers include price gouging and other forms of unfair treatment, a lack of transparency in the marketplace, products and services that fall short of expectations in terms of value for money and quality and consumer protection information and remedies that are not available, accessible or reliable.

The preamble states that consumers are increasingly at risk in today's growing digital economy, facing new and manipulative practices. These tactics can mislead individuals into making unintended purchases or sharing personal data under unfair terms. Data-driven consumer profiling has created conditions for a rigged marketplace where traditional protections are no longer adequate.

The preamble also states that the establishment of a consumer watchdog organization may fill a gap by serving as a comprehensive consumer protection organization that is dedicated to consumers and that will provide consumers with the confidence that their rights are protected. A consumer watchdog organization of this type has never existed previously in Ontario, and now is the time to establish one.

The Minister shall publish the plan on a Government of Ontario website. Within six months after the plan to establish a consumer watchdog organization is developed, the Minister shall prepare a progress report on the plan and table the progress report in the Legislative Assembly. The progress report shall include the Minister's progress in establishing the consumer watchdog organization.

The Act comes into force on the day it receives Royal Assent.

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