Consumer Protection (Camper Protection)

The following is not legal advise. If you have any questions regarding this information, contact a lawyer.


NOTE: The Consumer Protection ACT of Ontario does NOT apply if the Residential Tenacy Act does Apply.

(2) This Act does not apply in respect of,
(g) consumer transactions regulated under the Residential Tenancies Act, 2006.  2002, c. 30, Sched. A, s. 2 (2); 2006, c. 17, s. 249; 2006, c. 29, s. 60.


 

Parks that advertise 50A, 30A and 20A hydro circuits are legally obligated to provide adequate service on these circuits.

CPA PART III
UNFAIR PRACTICES

False, misleading or deceptive representation

4.  (1)  It is an unfair practice for a person to make a false, misleading or deceptive representation. 2002, c. 30, Sched. A, s. 14 (1).

Examples of false, misleading or deceptive representations

1. A representation that the goods or services have sponsorship, approval, performance characteristics, accessories, uses, ingredients, benefits or qualities they do not have.

3. A representation that the goods or services are of a particular standard, quality, grade, style or model, if they are not.

8. A representation that the goods or services or any part of them are available or can be delivered or performed when the person making the representation knows or ought to know they are not available or cannot be delivered or performed

14. 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.

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Most campgrounds require the seasonal camper to sign a Licence of Occupation(aka Site Contract). These contracts are extremely one-sided. There are very few, if any, items in the contract that give rights to the camper. Almost all the rules describe what the camper is not allowed to do.

The Consumers Protection Act of 2002 (CPA) has specific rules that preclude the enforcement of this type of Contract. Some examples are as follows

 

Unconscionable representation

15.  (1)  It is an unfair practice to make an unconscionable representation. 2002, c. 30, Sched. A, s. 15 (1).

(c) that the consumer is unable to receive a substantial benefit from the subject-matter of the representation;

(e) that the consumer transaction is excessively one-sided in favour of someone other than the consumer;

(f) that the terms of the consumer transaction are so adverse to the consumer as to be inequitable;

Unfair practices prohibited

17.  (1)  No person shall engage in an unfair practice. 2002, c. 30, Sched. A, s. 17 (1).

One act deemed practice

(2)  A person who performs one act referred to in section 14, 15 or 16 shall be deemed to be engaging in an unfair practice. 2002, c. 30, Sched. A, s. 17 (2).

Rescinding agreement

18.  (1)  Any agreement, whether written, oral or implied, entered into by a consumer after or while a person has engaged in an unfair practice may be rescinded by the consumer and the consumer is entitled to any remedy that is available in law, including damages. 2002, c. 30, Sched. A, s. 18 (1).

Consumers Protection Act of 2002 (CPA)