BRIT ISH CO LUMBIA UTIL IT IES COM MISSION ORDER NUMBER A‐4‐09 SIXTH FLOOR, 900 HOWE STREET, BOX 250 TELEPHONE: (604) 660‐4700 VANCOUVER, B.C. V6Z 2N3 CANADA BC TOLL FREE: 1‐800‐663‐1385 web site: http://www.bcuc.com FACSIMILE: (604) 660‐1102 IN THE MATTER OF the Utilities Commission Act, R.S.B.C. 1996, Chapter 473 and Terasen Gas Inc. Revised Customer Choice Standard Information Booklet pursuant to Commission Order G‐181‐08 and Revised Code of Conduct for Gas Marketers BEFORE: L.F. Kelsey, Commissioner P.E. Vivian, Commissioner D.A. Cote, Commissioner March 31, 2009 O R D E R WHEREAS: A. In 2002 the Government of British Columbia issued its energy policy, “Energy Plan for our Future: A Plan for BC.” Policy Action no. 19 stated, in part, that “The Utilities Commission Act will be amended in spring 2003 to allow direct natural gas sales to low‐volume customers, and to require the licensing of marketers who serve those customers”; and B. In 2006 Terasen Gas Inc. (“TGI”) applied for approval of a Certificate of Public Convenience and Necessity (“CPCN”) for the Commodity Unbundling Project for Residential Customers (“Project”) pursuant to section 45 of the Utilities Commission Act, to implement effective November 1, 2007, unbundling for residential customers in its service territory (excluding Fort Nelson and Revelstoke); and C. British Columbia Utilities Commission (“Commission”) Order C‐6‐06 granted a CPCN to TGI for the Project effective November 1, 2007; and D. In its Decision dated August 14, 2006 the Commission directed that a post implementation review take place approximately six months after the November 1, 2007 start date of the Project; and E. Commission staff conducted a meeting with representatives from TGI, the Gas Marketers and the British Columbia Public Interest Advocacy Centre on behalf of the British Columbia Old Age Pensioners’ Organization et al. (“BCOAPO”) on April 8, 2008 to review outstanding issues; and …/2
BRIT ISH COLUMBIA UTIL IT IES COMMISSION ORDER NUMBER A‐4‐09 2 F. Commission Order G‐181‐08, item 4 required that the Customer Choice Standard Information Booklet be modified to become more generic with fewer references to TGI and the TGI logo removed from the document; and G. TGI was to seek input from the Gas Marketers and Commission staff in advance of making a decision as to customer communication content; and H. The Gas Marketers and Commission staff have reviewed the Customer Choice Standard Information Booklet and provided input to TGI; and I. On March 30, 2009 TGI filed the final proof of the Customer Choice Standard Information Booklet with the Commission; and J. Changes are required in the Code of Conduct for Gas Marketers (“Code of Conduct”) to ensure that customers receive a copy of the revised Customer Choice Standard Information Booklet; and K. The Commission has reviewed the changes to the Customer Choice Standard Information Booklet and the Code of Conduct and finds them to be in the public interest. NOW THEREFORE pursuant Section 71.1 of the Utilities Commission Act the Commission orders the follows: 1. The Customer Choice Standard Information Booklet is approved and attached to this Order. 2. Terasen Gas must provide the Gas Marketers with the Customer Choice Standard Information Booklets by April 17, 2009. 3. Gas Marketers must provide the Customer Choice Standard Information Booklet to customers and implement the revised Third Party Verification script requirements by April 30, 2009. 4. Modifications to the Code of Conduct, attached as Appendix A, are approved as follows: • Article 11 is amended to include the following: “The characteristics of any transaction shall include:…Consumer’s entitlement to receive a copy of the Customer Choice Standard Information Booklet from the Gas Marketer…” …/3
BRIT ISH CO LUMBIA U TIL IT IES COM MISSION ORDER NUMBER A‐4‐09 3 • Article 16 is amended to include the following: “A Salesperson shall ensure that the Consumer has been provided with a copy of the Customer Choice Standard Information Booklet and shall advise the Consumer to fully review the information contained within before the expiration of the 10 day cancellation period. A Salesperson shall provide a copy of the Customer Choice Standard Information Booklet to a potential Consumer, when requested, even if that Consumer decides not to enter into a Consumer Agreement with that Salesperson at that time.” • Article 32 is amended to replace ‘Advisement’ with ‘Notification’ in the topic with respect to the Confirmation Letter. • Article 32 is amended to replace ‘Customer’ with ‘Consumer’ throughout the Article. • Article 32 is amended to remove the words ‘and approval’ from: “The scripting, as set out below, will cover the topics specified by the Commission for this purpose, and be available to the Commission for review and approval.” • Article 32 is amended to include the following: A list containing the major topics, which must be canvassed with the Consumer, is detailed below and it is up to the Gas Marketer to arrange the script… • Confirmation that the Consumer has received a copy of the Customer Choice Standard Information Booklet… • Notification to the Consumer to read the Customer Choice Standard Information Booklet before the 10 day cancellation period expires.” DATED at the City of Vancouver, in the Province of British Columbia, this day of March 2009. BY ORDER D.A. Cote Commissioner Attachments ORDERS/A‐4‐09_Revised Standard Information Booklet & Revised Code of Conduct
APPENDIX A To Order A‐4‐09 CODE OF CONDUCT For GAS MARKETERS engaged in the COMMODITY UNBUNDLING SERVICE IN THE PROVINCE OF BRITISH COLUMBIA INDEX Introduction......................................................................................................................................... 1 Scope................................................................................................................................................... 1 Basic Principles .................................................................................................................................... 1 DEFINITIONS .................................................................................................................................................... 2 THE TERMS OF THE CONSUMER’S AGREEMENTS AND THE OFFER..................................................................... 4 Accuracy .............................................................................................................................................. 4 Article 1 ............................................................................................................................................... 4 Price and Other Terms ......................................................................................................................... 4 Article 2 ............................................................................................................................................... 4 Obligations and Liabilities .................................................................................................................... 5 Article 3 ............................................................................................................................................... 5 Protection............................................................................................................................................ 5 Article 4 ............................................................................................................................................... 5 Guarantees .......................................................................................................................................... 5 Article 5 ............................................................................................................................................... 5 PRESENTATION OF THE OFFER.......................................................................................................................... 5 Identity of the Gas Marketer................................................................................................................ 5 Article 6 ............................................................................................................................................... 5 Article 7 ............................................................................................................................................... 6 Article 8 ............................................................................................................................................... 6
APPENDIX A To Order A‐4‐09 INDEX (cont’d) Integrity............................................................................................................................................... 6 Article 9 ....................................................................................................................................6 Clarity.................................................................................................................................................. 6 Article 10 ............................................................................................................................................. 6 Truthful Presentation........................................................................................................................... 7 Article 11 ............................................................................................................................................. 7 Telephone, Door to Door and Internet Marketing ................................................................................ 8 Article 12 ............................................................................................................................................. 8 Complaints and Dispute Resolutions .................................................................................................... 9 Article 13 ............................................................................................................................................. 9 SALESPERSON OPERATIONS ............................................................................................................................. 9 Respect of Privacy................................................................................................................................ 9 Article 14 ............................................................................................................................................. 9 Honesty, Fairness and Veracity ............................................................................................................ 9 Article 15 ............................................................................................................................................. 9 Article 16 ........................................................................................................................................... 10 Testimonials and Endorsements......................................................................................................... 11 Article 17 ........................................................................................................................................... 11 Comparisons and Fair Competition .................................................................................................... 11 Article 18 ........................................................................................................................................... 11 Article 19 ........................................................................................................................................... 11 Article 20 ........................................................................................................................................... 11 Article 21 ........................................................................................................................................... 12 Article 22 ........................................................................................................................................... 12 CONSUMER INFORMATION............................................................................................................................ 12 Information to be Maintained by a Gas Marketer .............................................................................. 12 Article 23 ........................................................................................................................................... 12 Request for Historical Gas Consumption Information ......................................................................... 13 Article 24 ........................................................................................................................................... 13 Confidentiality of Consumer Information ........................................................................................... 13 Article 25 ........................................................................................................................................... 13
APPENDIX A To Order A‐4‐09 INDEX (cont’d) AGREEMENTS AND CONTRACTS ..................................................................................................................... 14 Agreement Specifications .................................................................................................................. 14 Article 26 ........................................................................................................................................... 14 Agreement Renewals......................................................................................................................... 14 Article 27 ........................................................................................................................................... 14 Cancellation of Agreements ............................................................................................................... 15 Article 28 ........................................................................................................................................... 15 Transfer of Agreements ..................................................................................................................... 15 Article 29 ........................................................................................................................................... 15 Responsibility for Code Observance ................................................................................................... 16 Article 30 ........................................................................................................................................... 16 Article 31 ........................................................................................................................................... 16 Third Party Verification...................................................................................................................... 16 Article 32 ........................................................................................................................................... 16 Modification to the Code ................................................................................................................... 17 Article 33 ........................................................................................................................................... 17
APPENDIX A To Order A‐4‐09 Page 1 of 17 CODE OF CONDUCT for GAS MARKETERS engaged in the COMMODITY UNBUNDLING SERVICE IN THE PROVINCE OF BRITISH COLUMBIA Introduction Marketing of natural gas under the Commodity Unbundling Service takes place usually, though not exclusively, in a Consumer’s place of business or home, by personal contact, or via telephone or internet marketing. Marketing of Gas under the Commodity Unbundling Service involves several parties including Gas Marketers, utilities and the Consumer of the Gas. The relationship between the various parties must be based on fair and ethical principles. Scope The purpose of this Code is to foster and uphold a sense of responsibility towards the Consumer and towards the general public by all those engaged in the Marketing of Gas to Low Volume Consumers participating in the Commodity Unbundling Service in the Province of British Columbia. The Code applies to all practices used in the Marketing of Gas under the Commodity Unbundling Service for both residential and commercial Consumers. Where the practices are different between residential and commercial Consumers, it is noted. The Code is to be applied in spirit as well as to the letter, bearing in mind the varying degrees of knowledge, experience and discriminatory ability of Consumers. Basic Principles All Marketing of Gas under the Commodity Unbundling Service will conform to the principles of fair competition as generally accepted in business, with particular regard to: • the terms of the offer and the methods and form of the contact with the Consumer; • the methods of presentation and the information on the supply; and • the fulfilment of any obligation arising from the offer of purchase of Gas under the Commodity Unbundling Service.
APPENDIX A To Order A‐4‐09 Page 2 of 17 Marketing of Gas under the Commodity Unbundling Service will be carried out in conformity with the laws of Canada and its provinces, where applicable. Gas Marketers shall voluntarily assume responsibility towards the Consumer with respect to fair sales methods, accurate and truthful dissemination of information, and product value, and shall make every reasonable effort to ensure Consumer satisfaction. Gas Marketers shall ensure that their Salespersons are fully informed as to the characteristics of the gas supplies and/or services offered to enable them to give the Consumer all necessary information to make informed decisions. DEFINITIONS For the purpose of this Code: • Act means the Utilities Commission Act of British Columbia as amended from time to time. • Cancellation Period is period within which the Consumer can cancel the Customer Agreement with no penalty incurred, being 10 calendar days from the date the enrolment is received by the Utility from the Gas Marketer. This will generally coincide with the date of the Terasen Gas confirmation letter to the Consumer. • Code means this Code of Conduct for Gas Marketers. • Commission means the British Columbia Utilities Commission. • Commodity Unbundling Service is defined as the series of transactions involving the sale of gas by a Gas Marketer to a Gas utility for resale to a Low Volume Consumer arranged by Gas Marketer at a price agreed to between the Gas Marketer and the Low Volume Consumer. • Consumer refers to any person or entity to which Gas Marketers direct or may direct their Gas Marketing activities under the Commodity Unbundling Service and includes both Consumers contracted with Gas Marketers or Consumers being supplied by a utility. Consumers include Residential and Commercial as defined by the local utility offering the Commodity Unbundling Service. • Consumer’s Agreement(s) means all written agreements and contracts between a Gas Marketer and a Consumer for the Marketing of Gas. • Consumer Information means information relating to a specific Consumer obtained by a Gas Marketer or its Salesperson in the process of selling or offering to sell Gas to the Consumer, and includes information obtained without the consent of the Consumer. • Day(s) means a calendar day(s) unless otherwise indicated. • End User is an entity or person who utilizes Gas either as fuel or a raw material. • Enrolment is the act of submitting the Consumer’s Agreement to the LDC once it has been signed and verified by Third Party Verification in accordance with this Code.
APPENDIX A To Order A‐4‐09 Page 3 of 17 • Gas means natural gas, substitute natural gas, synthetic gas, manufactured gas, propane‐air gas or any mixture of any of them. • Gas Marketer means an entity licensed by the Commission to engage in Gas Marketing to Low Volume Consumers under the Commodity Unbundling Service. • License means a license issued under the Act by the Commission for the Marketing of Gas by a Gas Marketer to a Low Volume Consumer. • Licensed means a person or entity holding a current valid License. • Local Distribution Company (LDC; Utility) is a person/company enfranchised to distribute Gas within a defined territory. • Low Volume Consumer – as defined by the Commission pursuant to section 71.1 of the Act. A “low‐ volume consumer” is defined as a person who, for the applicable period, either: o has, or is expected to have, a normalized annual consumption at one premise of less than 2,000 gigajoules of Gas per year; or o has chosen the Commodity Unbundling Service supply option, whatever the person’s annual consumption of Gas. • Marketing for the purpose of this Code, means any activities intended to solicit a Consumer or potential Consumer to contract with a Gas Marketer, including providing for a Consumer’s consideration an Offer, and is characterized by door‐to‐door selling, internet, telemarketing, direct mail selling activities, and any other means by which a Gas Marketer or its Salesperson interacts directly with a Gas Consumer or potential Gas Consumer. • Offer means a proposal to enter into an agreement made to an existing or prospective Consumer for the sale of Gas. • Premise means the building or portion of a building that is provided with Gas through a single meter. • Renewal is the replacement of an existing contract with a further contract with the same Gas Marketer which will have a new term; may have a different price than the Consumer’s previous contract; and may also include revisions as a result of changes in law, the Code of Conduct or Rules for Gas Marketers. • Regulation means a regulation made under the Act. • Salesperson means a person who is employed by or otherwise conducts Marketing and/or Third Party Verification on behalf of a licensed Gas Marketer, or makes representations to Consumers on behalf of a Gas Marketer for the purpose of effecting sales of Gas to Low‐Volume Consumers. • Third Party with respect to Confidentiality of Consumer’s Agreements, means a person other than the Gas Marketer, and includes other Gas Marketers, affiliates, Consumers and other persons. • Third Party Verification (TPV) is a digitally recorded telephone call between the Gas Marketer and the Residential Consumer to confirm the Consumer’s understanding of the Offer, Consumer’s Agreements, Confirmation Letter and Cancellation Rights.
APPENDIX A To Order A‐4‐09 Page 4 of 17 THE TERMS OF THE CONSUMER’S AGREEMENTS AND THE OFFER Accuracy Article 1 The terms of any Offer and Consumer’s Agreements shall be clear, so that the Consumer shall know the nature of the product and the benefits ,the commitment and risks involved in agreeing to contract for Gas with the Gas Marketer. In particular, but without limiting the generality of the foregoing, any Offer and Consumer’s Agreements will be accurate and truthful as to any representation made as to price, delivery arrangements, payment terms and conditions, quality and value of services, and quantity and performance and warranty conditions. Price and Other Terms Article 2 Whether an Offer is on cash or any other basis, the Offer and Consumer’s Agreements shall clearly state the price and payment terms and any other financial provisions, including any deposit requirement, allocation of cost savings and/or services, and the nature and amount of any additional charges. The Offer and Consumer’s Agreements shall clearly state agreement renewal provisions including default rollover provisions. The Gas supply price must be a fixed price for 12 month intervals expressed in Canadian dollars per gigajoule. This price shall only apply to the sale of Gas and shall not include provision of other services. If any other term or condition is subject to re‐determination, indexation or arbitration, the Offer shall so state. All Offers shall contain clear statements as to the quantities of Gas to be purchased, intended start‐up and delivery dates, and the term of the agreement. The term shall not be less than one year or more than five years in length. The Consumer’s Agreements shall accurately and fully reflect the terms and conditions of the Offer as accepted by the Consumer. No Offer shall require a sign‐up fee to be taken in order to initiate a purchase of natural Gas arrangement under the Commodity Unbundling Service.
APPENDIX A To Order A‐4‐09 Page 5 of 17 Obligations and Liabilities Article 3 The Offer and Consumer’s Agreements shall state the respective obligations, liabilities and risks of the Gas Marketer and Consumer in clear and understandable terms so that the Consumer may be sufficiently informed to understand them prior to executing Consumer’s Agreements. The Gas Marketer shall confirm with the Consumer that the Consumer has the signing authority to enter into the Consumer Agreement. Protection Article 4 This Code shall be interpreted in accordance with all applicable federal and provincial Consumer protection and business practice legislation. Guarantees Article 5 Offers and Consumer’s Agreements may contain the words “guarantee”, “guaranteed”, “warranty” or “warranted”, or words having the same or similar meanings, only if the terms of the guarantee as well as the remedial action open to the Consumer are clearly and succinctly set out in the Offer and Consumer’s Agreements. Any such guarantee shall in no way diminish the rights which a purchaser would otherwise enjoy under Canadian or applicable provincial laws. The name and address of the guarantor shall be clearly and fully stated. PRESENTATION OF THE OFFER Identity of the Gas Marketer Article 6 The name, permanent address, main British Columbia office address and the telephone number, fax number, e‐ mail and website addresses of the Gas Marketer shall be clearly and fully disclosed in any Marketing document or other Marketing literature distributed to the Consumer, including the Consumer’s Agreements, so as to enable the Consumer to remain in touch directly with the Gas Marketer. Marketing documents and other literature containing only an accommodation address or a post office box number are not acceptable.
APPENDIX A To Order A‐4‐09 Page 6 of 17 Article 7 All Salespersons shall immediately, truthfully and fully identify themselves and provide proof of licensing and bonding, to prospective Consumers. They shall also truthfully and fully indicate the purpose of their approach to the Consumers, identify the Gas Marketer with whom they are associated and indicate that they are Marketing Gas under the Commodity Unbundling Service. Article 8 Neither a Gas Marketer nor any Salesperson shall mislead or otherwise create any confusion in the mind of a Consumer about the identity of the represented Gas Marketer, its promotion campaigns or trade mark, or those of competitors and/or LDCs. Specifically, a Gas Marketer or any Salesperson when marketing a supply contract to a Consumer shall state that they are not representing the Consumer’s local distribution company. Integrity Article 9 Salespersons shall in good faith assist Consumers to evaluate the nature of the transactions. Marketing efforts shall be organized and carried out so as not to: • create confusion in the mind of the Consumer; • mislead the Consumer or misrepresent any aspect of the Offer or Consumer’s Agreements; • abuse the trust of the Consumer; • unduly pressure or harass the Consumer to enter into transactions; and • exploit the lack of experience and knowledge of the Consumer. Clarity Article 10 Gas Marketers and Salespersons shall ensure that all terms of any Offer or Consumer’s Agreements are communicated to the Consumer in writing in a clear, complete, accurate and understandable manner. Print which by its size or other visual characteristics is likely to negatively affect the legibility or clarity of any Offer or Consumer’s Agreements, shall not be used.
APPENDIX A To Order A‐4‐09 Page 7 of 17 Truthful Presentation Article 11 The characteristics of any transaction shall include: • price, deposit, credit and rebate terms; • terms of payment and frequency; • the beginning and end dates of the agreement; • identity of and accessibility to the Gas Marketer; • process for making a complaint to or enquiry of the Gas Marketer; • delivery terms and conditions, during‐and after‐sales services; • sources and reliability of supplies; • terms of guarantee and warranty; • liabilities and obligations of the Gas Marketer and Consumer; • benefits/risks to Consumer; • awards, bonuses, prizes, discounts and other incentives with respect to the Offer and Consumer’s Agreements; • Consumer’s entitlement to receive a copy of this Code from the Gas Marketer; • Consumer’s entitlement to receive a copy of the Customer Choice Standard Information Booklet from the Gas Marketer; • reasons for which the agreement may be terminated by the Gas Marketer; • for Commercial Consumers, that the agreement is made with respect to the Consumer’s Premise and terminates in the event the Consumer moves; • for Residential Consumers, that the agreement is made with respect to the Consumer at the Consumer’s Premise and in the event the Residential Consumer moves, the Consumer’s Agreements will apply to the Consumer at their new Premise, provided that the new Premise is served with natural gas and that it is in an eligible service territory of the Utility providing the Commodity Unbundling Service; • for Commercial Consumers, cancellation rights of the Consumer including a mandatory 10 day Cancellation Period; a Gas Marketer must not submit a Consumer enrolment to the LDC for processing until the 10 day Cancellation Period has expired. For Commercial Consumers, a 10 day Cancellation Period will not apply in the case of a single Commercial Consumer whose aggregate annual volume exceeds 2,000 gigajoules per year at one or more premises and who has provided written consent to the gas marketer to waive the 10 day Cancellation Period; • for Residential Consumers, all cancellation provisions, for the purposes of the Commodity Unbundling Service;
APPENDIX A To Order A‐4‐09 Page 8 of 17 • rights under the Consumer’s Agreements with respect to assignments, transfers and sales to another Gas Marketer; • any deposit, exit, late fees or any other charges payable to the Gas Marketer, if applicable; • any other information required to be provided to the Consumer by Canadian or applicable provincial law; and • all other terms of the Offer and Consumer’s Agreements shall be presented completely, accurately and truthfully. Telephone, Door to Door and Internet Marketing Article 12 Telephone and Door to Door Marketing When conducting telephone or door to door Marketing, the Gas Marketer shall comply with applicable laws. All telephone and door to door contacts must be made Monday to Friday between the hours of 9 a.m. and 9:30 p.m. or on Saturday and Sunday between the hours of 10:00 a.m. and 6:00 p.m. local time. Salespersons must immediately, truthfully and fully identify themselves to the prospective Consumers. They shall also immediately, truthfully and fully indicate the purpose of their approach to the Consumers, identify the Gas Marketer with whom they are associated and indicate that they are selling Gas under the Commodity Unbundling Service. For telephone marketing, in the event that a recorded message constitutes a portion, or all of the sales process, the caller must first personally obtain the consent of the recipient to play a recorded offer. The Gas Marketer shall forward a written agreement to sign‐up for service by telephone marketing and obtain from the Consumer a signed agreement in return. The Gas Marketer shall direct the LDC to switch the Consumer’s Gas supply only once the Gas Marketer is in possession of the signed agreement from the Consumer. Internet Marketing The Gas Marketer shall forward a written agreement to sign‐up for service by Internet marketing and obtain from the Consumer a signed agreement in return or obtain an electronic signature which complies with the B.C. Electronic Transactions Act. The Gas Marketer shall direct the LDC to switch the Consumer’s Gas supply only once the Gas Marketer is in possession of the signed agreement from the Consumer. Electronic signatures which comply with the B.C. Electronic Transactions Act shall be accepted for Consumers committing to new agreements and for the renewal of existing agreements.
APPENDIX A To Order A‐4‐09 Page 9 of 17 Complaints and Dispute Resolutions Article 13 Should any Consumer complain that a Gas Marketer or Salesperson has engaged in any improper course of conduct pertaining to Marketing under the Commodity Unbundling Service, the Gas Marketer shall promptly investigate the complaint and take all appropriate and necessary steps in the circumstances to redress any and all wrongs disclosed by such investigation. All Consumer’s Agreements will include a provision that all disputes between the Gas Marketer and a Consumer arising out of the contract will be referred to and resolved by arbitration administered by the Commission or other body appointed by the Commission for purpose of resolving such disputes and conducted according to the Commission's rules for the resolution of such disputes. The Gas Marketer shall pay a dispute resolution fee for each dispute referred to the Commission as determined by the Commission, except for a dispute where the Commission determines that the Consumer will be solely responsible for the dispute resolution fee. All evidence in a dispute must be uploaded in the GEM system by the end of the ninth day following the initial logging of the dispute in GEM. This includes evidence provided by customers and by Gas Marketers. No evidence will be accepted for a dispute if received after the ninth day outstanding in GEM. If information is to be considered after this deadline, the party must submit a request for reconsideration in accordance with BCUC procedures. Minimum evidence to be filed by a Gas Marketer includes the Consumer’s Agreement, Notice of Appointment of Marketer, and Third Party Verification Recording for Consumer’s Agreements signed after July 1, 2007. SALESPERSON OPERATIONS Respect of Privacy Article 14 Marketing shall not be intrusive, aggressive, or harassing in nature. Marketing activity (excluding online Marketing) shall be limited to between Monday to Friday between the hours of 9:00 a.m. and 9:30 p.m. or on Saturday and Sunday between the hours of 10:00 a.m. and 6:00 p.m. local time. The right of a Consumer to refuse further discussion shall be respected. Posted signs restricting and/or prohibiting marketing and soliciting must be respected. Honesty, Fairness and Veracity Article 15 A Salesperson shall not abuse the trust of individual Consumers or exploit their lack of experience or knowledge, nor play on ignorance or on fear, thereby exerting undue pressure on Consumers. All Offers must, therefore, be clear and honest.
APPENDIX A To Order A‐4‐09 Page 10 of 17 A Salesperson shall not make any statement or take any measure which, directly or by implication, omission, ambiguity or exaggeration, is likely to mislead a Consumer with regard to the benefits of the Program, terms of the Offer, Consumer’s Agreements or any other matter. The Gas Marketer may not request that the Consumer provide their Terasen Gas account information, including their bill, until the Consumer expresses intent to enter into the Consumer Agreement. A Salesperson shall, to the best of his or her knowledge and ability, give complete, accurate and clear answers to a Consumer’s questions concerning the Offer or any other matter. Article 16 A Salesperson shall ensure that the Consumers clearly and thoroughly understand the information given. The demonstration or explanation of the transaction under the Commodity Unbundling Service shall, as far as possible, be adapted to the needs and enquiries of the Consumers. A Salesperson shall give sufficient time for Consumers to read the entire contract form thoughtfully and without interruption or harassment. Where a language or comprehension issue is likely to impede the Consumer’s ability to fully understand the offer and the transactions, the Salesperson shall not execute the Consumer Agreement(s) and/or the Third Party Verification. A Salesperson shall not make any verbal representations regarding agreements, rights or obligation unless those representations are contained in the Consumer’s Agreements. Gas Marketers shall ensure that their Salespersons are generally knowledgeable in the natural gas business, fully informed as to the characteristics of gas supplies and/or services offered and the Consumer's Agreement utilized by the Marketer, to enable them to give the Consumer all necessary information to make informed decisions. A Salesperson shall ensure that the Consumer has been provided with a copy of the Customer Choice Standard Information Booklet and shall advise the Consumer to fully review the information contained within before the expiration of the 10 day cancellation period. A Salesperson shall provide a copy of the Customer Choice Standard Information Booklet to a potential Consumer, when requested, even if that Consumer decides not to enter into a Consumer Agreement with that Salesperson at that time.
APPENDIX A To Order A‐4‐09 Page 11 of 17 Testimonials and Endorsements Article 17 A Salesperson shall not refer to any testimonial, endorsement, or customer experience which is: • not authorized by the person quoted, if in a private capacity; • not genuine or unrelated to the experience of the person giving it; • obsolete or otherwise no longer applicable; • taken out of context; or • used in any way likely to mislead the Consumer. Comparisons and Fair Competition Article 18 A Salesperson shall refrain from using comparisons, statistics, and visual material which might mislead and/or which are incompatible with the principles of fair competition. Points of comparison shall be fairly selected and shall be based on facts which can be substantiated. All comparisons, statistics, and visual material must be clearly and accurately labelled. All comparisons, statistics, and visual material that are provided to a Consumer must be actual data obtained from the LDC and based only on actual data for British Columbia. All statements or promises made in any promotional material must be complete and in accordance with actual conditions, situations and circumstances existing at the time the promotion is made. Any data referred to must be competent and reliable and support the specific claim for which it is cited. Illustrations of historical data based on past records of more than five years are not permitted, and no projections of future pricing may be presented to the Consumer. Article 19 A Salesperson shall not discredit any competing company, firm or individual, or any supplies or services provided by such parties, directly or by implication. Accurate, complete and truthful comparisons, however, are acceptable. When price comparisons are used, they must be factual, complete and verifiable. Article 20 A Salesperson shall not induce any Consumer to breach a contract with another Gas Marketer.
APPENDIX A To Order A‐4‐09 Page 12 of 17 Article 21 A Salesperson shall not take unfair advantage of the goodwill attached to the trade name or symbol of another Gas Marketer or product. A Salesperson shall clearly indicate that the Offer is not being made by a regulated Gas distributor, and not seek to mislead or otherwise create any confusion in the mind of a Consumer about the identity of the Gas Marketer, or about the trademarks of the regulated distributor or of competitors. Article 22 A Gas Marketer shall not engage in any false or misleading advertising or publish any material which may have the effect of misleading potential Consumers. CONSUMER INFORMATION Information to be maintained by a Gas Marketer Article 23 A Gas Marketer shall have a current telephone number listed in British Columbia which may be reached by the general public without charge and shall provide it to every Consumer. A Gas Marketer shall maintain on file and provide such information to the Commission upon request: • A list of all Salespersons and sub‐contractors who act for that Gas Marketer; • A list of Consumers; • A log of cancellation requests, including confirmation numbers provided to Consumers and the name or identification number of the representative who accepted the request for cancellation; • The Notices of Appointment of Marketer signed by its Consumers; • Copies of the Gas Marketer’s supply contract with each Consumer containing the Consumer’s written signature; and • Copies of the Commercial Consumer's written consent waiving the 10 day Cancellation Period. In addition, the LDC has a right to audit any Notices of Appointment of Marketers and the Gas Marketer’s supply contract with each Consumer by providing prior written notice of five business days to a Gas Marketer.
APPENDIX A To Order A‐4‐09 Page 13 of 17 Request for Historical Gas Consumption Information Article 24 Prior to submitting a request to the LDC for a Consumer’s historical gas consumption data, a Gas Marketer must obtain the Consumer’s signature on a consent form and provide a copy of this signed consent form to the LDC. Confidentiality of Consumer Information Article 25 A Gas Marketer must comply with the Personal Information Protection Act requirements of British Columbia. A Gas Marketer shall not disclose Consumer information without the consent of the Consumer in writing, except where the Consumer information is required to be disclosed for the following purposes: • For billing, collections or Gas supply management purposes (i.e. consumption information); • For law enforcement purposes; • For the purpose of complying with a legal requirement or an order of a regulatory body exercising jurisdiction over the Gas Marketer or the Consumer; • For the processing of past due accounts of the Consumer which have been passed to a debt collection agency; or • In the event that a Gas Marketer assigns, sells or transfers its list of Consumers and its existing agreements with Consumers to another licensed Gas Marketer. Consumer information may be disclosed where the information has been sufficiently aggregated such that an individual’s information cannot reasonably be identified. A Gas Marketer shall inform Consumers that information may be released to a Third Party without the Consumer’s consent for the purposes listed above. A Gas Marketer shall not use Consumer information for one purpose from a Consumer for any other purpose without the written consent of the Consumer.
APPENDIX A To Order A‐4‐09 Page 14 of 17 AGREEMENTS AND CONTRACTS Agreement Specifications Article 26 The Consumer’s Agreements, in accompaniment with the Notice of Appointment of Marketer, will be clearly designated as an “Agreement” or a “Contract”. The terms “Application” or “Enrollment” do not accurately reflect the agreement made between the Marketer and the Consumer. There should be no confusion in the mind of the customer that this is a binding contract and not an application or enrollment. The Consumer’s right to cancel without penalty must be referred to as the “Ten Day Cancellation” provision and must be clearly stated in the Consumer’s Agreement, prominently situated above the Consumer’s signature line. Instructions must be included on how the Consumer can exercise this option. The first page of the agreement between the Gas Marketer and a Consumer must accurately summarize and clearly state the essential elements of the Offer including: • Price (Canadian $ per gigajoule); • Term (length in years, start and end dates); • Renewal provisions (type, frequency, dates) including default rollover provisions; • Cancellation provisions; • Penalties and terms for early termination of the contract, including minimum contract term, and the requirement that the Consumer’s Agreements may only be terminated on their anniversary date; and • Conditions which may affect the price or term of the Offer. The minimum contract term is one year with a maximum contract term of no more than five years and the dates for commencement of service and termination of service must coincide with program entry dates. A Consumer may enter into an Agreement with any Gas Marketer, or a combination of Gas Marketers, for a maximum period of five years of gas flow. Agreement Renewals Article 27 The Consumer’s Agreements should clearly set out the contract renewal provisions including those for default rollover. • The renewal date shall be such that it coincides with a LDC program entry date. Notice periods for contract renewal should require the Gas Marketer to give notice to the Consumer no less than 90 days prior to the applicable renewal date.
APPENDIX A To Order A‐4‐09 Page 15 of 17 • The Consumer shall have 30 days after receipt of written notice from the Gas Marketer to select renewal terms or cancel the contract. • Where no instructions are received by Terasen Gas from the current Gas Marketer of record prior to the cut‐off date for the applicable renewal date, and where a valid enrolment for the same Consumer is not received by Terasen Gas from another Marketer, the Consumer's Agreement will be evergreened, with the same fixed price for a 12 month period. • The timing of notices need to align with notice periods on entry dates to permit a Consumer to change Gas Marketers upon expiry or cancellation of an existing agreement. If the Consumer has cancelled its agreement and wishes to return to Utility supply, the Gas Marketer must notify the LDC within two business days of receiving notice from the Consumer. Cancellation of Agreements Article 28 A Gas Marketer shall accept a Consumer’s request for cancellation when within the 10 day Cancellation Period, and under the terms of the contract without engaging in further sales or marketing activity under that Consumer’s Agreement. A Gas Marketer shall accept a Consumer’s request for cancellation when within the Cancellation Period without making the process onerous on the Consumer. The Consumer must be able to exercise their rights under the Cancellation Period by telephone, facsimile, email, or mail. When exercising a Cancellation Provision to cancel the Consumer’s Agreement at the anniversary date of the Consumer’s Agreement, the Consumer may provide written notice to the Gas Marketer at any time prior to the 60 days before the anniversary date of the Consumer’s Agreement. Transfer of Agreements Article 29 A Gas Marketer shall not assign, sell or otherwise transfer the Consumer’s Agreements to another person who is not a licensed Gas Marketer. Within 30 days of assignment, sale or transfer of the administration of an agreement to another licensed Gas Marketer, the affected Consumer must be notified of the new Gas Marketer’s address for service, telephone number and the Consumer complaints process, if these have changed. The assignment, sale or transfer of a Gas Marketer’s Consumer’s Agreements to another Gas Marketer shall be approved in advance by the Commission.
APPENDIX A To Order A‐4‐09 Page 16 of 17 Responsibility for Code Observance Article 30 The primary responsibility for the observance of this Code and associated Commission Orders rests with the Gas Marketer. Failure to comply with, or breach of, the Code and/or associated Commission Orders, may result in fines or the suspension or revocation of the Gas Marketer’s license for a period to be determined by the Commission. A breach of this Code may occur in the course of inducing a person to enter into an Offer or Consumer’s Agreements, even in the absence of a contract. Gas Marketers shall ensure that their Salespersons adhere to the standards required of a Gas Marketer as set out in the Code of Conduct for Gas Marketers, and shall be accountable for the behaviour and performance of their Salespersons. Article 31 The Utility shall refrain from conducting business with anyone who is not licensed in the province of British Columbia and does not strictly adhere to this Code. Third Party Verification Article 32 Third Party Verification is the form of a digitally recorded telephone call either initiated as an outbound call from the Gas Marketer to the Consumer or as an inbound call initially dialed by the sales agent to the Gas Marketer. In instances where the agent is present during the Third Party Verification, the Commission will consider this in the event of dispute adjudication. If the agent is present during the Third Party Verification, there must not be any communication between the Consumer and the Salesperson. The Third Party Verification may only be completed after the Salesperson has completed the sales presentation and the customer has executed the Consumer’s Agreement, and before the Consumer’s enrolment is submitted to the LDC. The Commission will allow inbound and outbound calls for Third Party Verification. If the Third Party Verification call is carried out in the presence of a Salesperson, the Salesperson must not participate in, interrupt, or make comment to the Consumer during the Third Party Verification. Should such communication occur, the Third Party Verification must be terminated, and the Gas Marketer may not contact the Consumer again for a minimum of five days after that date. The Commission will be aware of the presence of the Salesperson during a Third Party Verification call and if any communication is held between the Consumer and the Salesperson, the Commission will deem the TPV to be invalid. The Third Party Verification must be the final step in the sale, the Salesperson must have already fully and clearly explained the terms and conditions of the Consumer’s Agreement to ensure that at the time of the Third Party Verification call the Consumer has received and reviewed all of the information, and the customer must have already executed the Consumer’s Agreement. The scripting, as set out below, will cover the topics specified by the Commission for this purpose, and be available to the Commission for review. The digital file will be available to the Commission 3 days after the initial recording and retained by the Gas Marketer for the term of the Consumer’s Agreement.
APPENDIX A To Order A‐4‐09 Page 17 of 17 A list containing the major topics, which must be canvassed with the Consumer, is detailed below and it is up to the Gas Marketer to arrange the script. The topics must be addressed individually and where the topic calls for confirmation, the Consumer must so confirm. • Identification of the Gas Marketer and confirmation that the Consumer understands that the marketer is not affiliated with Terasen Gas or the government. • Confirmation that the Consumer understands that once the Gas Marketer contract is signed gas supply is provided by a Gas Marketer. Confirmation that the Consumer understands that this action is entirely voluntary and there is no obligation to switch gas suppliers. • Confirmation that the Consumer is the account holder or authorized to enter into an agreement for the premise. • Confirmation that the Consumer has a copy of the Gas Marketer agreement. • Confirmation that the Consumer has knowledge of the product, price and term of the agreement. • Confirmation that the Consumer understands that they may not save money. • Notification that the Confirmation Letter that will be sent by Terasen Gas Inc. • Confirmation that the Consumer has received a copy of the Customer Choice Standard Information Booklet. • Confirmation that the Consumer understands their cancellation rights under the 10 day cancellation period. • Notification to the Consumer to read the Customer Choice Standard Information Booklet before the 10 day cancellation period expires. Modification to the Code Article 33 The Code shall be reviewed and modified if required at an annual meeting to be held prior to May 1 of each year. All changes will require the approval of the Commission.
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