On Monday, May 13th, the Law Commission of Ontario (LCO) released Improving Consumer Protection in the Digital Marketplace: Final Report, a comprehensive and independent review of Ontario’s Consumer Protection Act, 2023 (CPA).

The LCO has concluded that significant legislative and regulatory reforms are needed to modernize consumer protection in Ontario’s digital marketplace. The LCO report makes 32 recommendations to amend the CPA, propose new regulations, and related reforms.

The report is the first comprehensive, independent review of the CPA in over 20 years.

Key Findings

  • Ontarians rarely read or understand lengthy and complex online “terms of service” or “click consent” consumer contracts. Online consumer contracts are often unfair and deceptive.
  • The CPA does not effectively protect Ontarians from many online consumer risks.
  • The CPA should be updated to address contemporary risks, better protect young and older consumers, and promote effective enforcement of consumer rights.

Key Recommendations

  • The CPA should explicitly prohibit deceptive and unfair online practices, improve online notice and disclosure, and ensure online contracts aren’t exempt from consumer protections.
  • The CPA should protect youth and older consumers by ensuring a plain-language standard, ensuring a duty accommodate, and establishing an age-appropriate design code.
  • CPA enforcement and access to justice must also be improved.

The LCO’s recommendations are consistent with the “new consumer agenda” adopted in many countries.

If enacted, LCO reforms would promote stronger provincial consumer protection laws and policies; support Ontario’s businesses; and ensure Ontario’s ability to protect consumers in the digital marketplace.

The Executive Summary, Final Report, and background information are available on the LCO’s project page at https://www.lco-cdo.org/digitalmarketplace.