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The Consumers Council of Canada

is committed to good governance, excellence in research and listening to consumers. Its consultative, fact-based approach provides the foundation for its engagement of consumer issues through consumer representation.

The Council works to improve consumers’ ability to navigate marketplaces affecting everyday life.

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Consumers nervous to get good, useful advice about energy performance of their homes

Canadians acting to improve their homes and make them more energy efficient want to do so informed about what’s best for them rather than simply because they feel either incentivized or subject to market pressure.

Canadians acting to improve their homes and make them more energy efficient, whether to reduce their contribution to climate change or to improve the comfort or cost-effective operation of their home, want to do so informed about what’s best for them rather than simply because they feel either incentivized or subject to market pressure.

The Consumers Council of Canada released its report Mandatory Home Energy Rating and Disclosure for Existing Houses: Opportunities and Risks for Consumers with this finding, after consulting consumers and industry stakeholders.

A home energy rating and disclosure system (HER&D) was emphasized in the 2016 Ontario Climate Change Action Plan (CCAP). The CCAP found buildings and the energy that they consume represent a quarter of Ontario’s GHG emissions. Single detached housing represents 55.8% (or 2.93 million households) of Ontario’s household building types.

The Ontario government has been developing options for the design of a Home Energy Rating and Disclosure (HER&D) program for Ontario as part of the Ontario Green Energy Act (GEA), with the objective to launch the program by 2019.

The central objective for all the HER&D systems has been to empower the consumer with accurate and insightful information about a home they’re planning on selling, buying or upgrading. The data from this study suggests that a home energy label is only useful if it can inform decisions and drive action from the homeowner.

"What is important to home owners is that a home energy report includes the information they need to improve their homes, and that they can trust that information," said Consumers Council of Canada President Don Mercer. "They worry about receiving misleading information leading to bad decisions on their part, and they are uneasy information they receive may detract from the the market value of their asset and diminish the pride of ownership they feel and enjoy."

The research found buyers already consider evidence of a home’s condition, including with respect to its energy performance, to develop their views of a home’s worth.

The ideal scenario from a consumer perspective for the introduction of home energy ratings would include:

access to good quality information and homeowner education.
minimal complexity, cost and time needed to obtain a home energy rating.
quality assurance of the rating results and resulting advice.
an emphasis on assisting a home owner to understand the improvements they can make cost effectively rather than on a performance grade.
reasonable exemptions from a requirement to obtain an energy efficiency rating.
a manageable if steady effort to improve the energy efficiency of homes to avoid backlash against initiatives to do so.
sensitivity to home owners’ reasonable rights to privacy.

This latest research follows on the Council’s 2017 research report Incenting Energy Efficient Retrofits: Risks and Opportunities for Consumers, which found widespread support for government programs that help people improve the energy performance of their homes.

"Consumers feel challenged to modify their behaviour and personal assets such as their home to do their part to both moderate and prepare for the impacts of climate change," said Mercer. "People are seeking a fair balance between personal and societal responsibility and action.

"Consumers are anxious about how to receive the introduction of new market forces even as they face the impact on themselves, their families and their homes of a more forceful nature.”

Consumers Council of Canada has received funding from Innovation, Science and Economic Development Canada’s Contributions Program for Non-profit Consumer and Voluntary Organizations. The views expressed in this report are not necessarily those of Innovation, Science and Economic Development Canada or the Government of Canada.

Download the complete report

Research Announcements, Energy, Housing & Shelter, Focus-Climate Change, Right-Information, Right-Choice, Right-Redress, Right-Education, Right-Safe Environment, Right-Privacy

Notice re: Lawn Mowers Class Action Lawsuit

If you purchased a lawn mower in Canada between January 1, 1994 and December 31, 2012, your legal rights could be affected.

LEGAL NOTICE AUTHORIZED BY THE ONTARIO SUPERIOR COURT OF JUSTICE AND THE SUPERIOR COURT OF QUÉBEC

If you purchased a lawn mower in Canada between
January 1, 1994 and December 31, 2012,
your legal rights could be affected.

LAWN MOWERS CLASS ACTION LAWSUIT

In 2010, class action lawsuits were initiated in Ontario by Harrison Pensa ^LLPand in Québec by Consumer Law Group Inc. on behalf of all Canadians who purchased Lawn Mowers between January 1, 1994 and December 31, 2012 (the “Class Actions”).

A “Lawn Mower” means a lawn mower designed, manufactured, or labeled by any of the Defendants for ultimate sale, including retail sale, in Canada, containing a gas-combustible engine labeled at 30 horsepower or less.

The Class Actions allege that the Defendants agreed to manipulate horsepower labelling on certain Lawn Mowers during the class period. The defendants deny the allegations and no manipulation of horsepower or horsepower labelling has been proven in court.

THE KAWASAKI AND TECUMSEH SETTLEMENTS

Settlements have been reached with Kawasaki and Tecumseh in which they have agreed to pay $785,000 and $1,550,000 respectively for the benefit of class members (the “Kawasaki Settlement” and the “Tecumseh Settlement”). Kawasaki and Tecumseh do not admit any wrongdoing or liability in relation to the Class Actions.

Prior settlements have been reached in the litigation with all other named defendants. Those settlements are valued at $5.2 million and have been approved by previous orders of the court. With the Kawasaki and Tecumseh Settlements, the total settlements are $7,535,000.

The net settlement funds from the previous settlements, less Court-approved fees, disbursements, notice costs, and applicable taxes, are being held in an interest-bearing trust account for the benefit of all class members.

PAYMENT OF SETTLEMENT FUNDS

A plan of distribution to pay the settlement funds to Class Members must now be approved by the Courts. The proposed Distribution Protocol can be found at www.lawnmowersettlement.ca.

COURT APPROVALS

The Ontario Superior Court of Justice and the Superior Court of Justice of Quebec have certified/ authorized the Class Actions against Kawasaki and Tecumseh for the purposes of the settlement approval.

The Kawasaki and Tecumseh Settlements must be approved by the Ontario and Québec Courts before they become effective. The proposed plan for distributing the settlement funds to Class Members must also be approved by the Courts.

Hearings have been set for October 25, 2018 at10 a.m. at 4 Wellington Street, St. Thomas, Ontario and for October 31, 2018 at 2:15 p.m. in room 15.07 at 1 Notre-Dame Street East, Montréal, Québec. See www.lawnmowersettlement.ca for more information.

The Courts will also determine what fees and expenses, plus applicable taxes, will be paid to the lawyers for the plaintiffs as a result of the settlements. The lawyers for the plaintiffs will ask the Courts to approve legal fees of up to 30% of the Kawasaki and Tecumseh Settlements plus disbursements and applicable taxes to be paid out of the settlement funds (the “Fee Request”).

If you wish to comment on or object to the Kawasaki or Tecumseh Settlements, the Distribution Protocol, or the Fee Request, you must deliver a written submission to the address below by October 22, 2018. The lawyerswill forward any submissions to the appropriate Court.

If you do not wish to object or comment on the Settlements, Distribution Protocol, or Fee Request, you do not need to take any action at this time.

OPTING OUT OF THE CLASS ACTIONS

The court-ordered deadline for Class Members to opt out of the Class Actions was September 17, 2013. If you did not previously opt out, you are legally bound by the result of the Class Actions, including the Settlement Agreements and the Distribution Protocol.

Federal government must stop erosion of consumer protection by Canada’s banks

Consumers Council of Canada calls upon the Government of Canada to better protect banking consumers in Canada both before and after ‘the sale’ with stronger regulatory oversight and enforcement and by ending banks’ ability to choose their own dispute resolver.

Public Statements, Financial Services, Savings & Investment, Right-Basic Needs, Right-Product Safety, Right-Representation, Right-Redress

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Consumers nervous to get good advice about energy performance of homes

Council Annual Report of Activities highlights achievements, goals

What could artificial intelligence mean for the future of price offers?

Research released about potent consumer protection feature of electronic payment services

Consumer Experiences with Rent-to-Own

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Consumers nervous to get good, useful advice about energy performance of their homes

Notice re: Lawn Mowers Class Action Lawsuit

If you purchased a lawn mower in Canada between
January 1, 1994 and December 31, 2012,
your legal rights could be affected.

LAWN MOWERS CLASS ACTION LAWSUIT

THE KAWASAKI AND TECUMSEH SETTLEMENTS

PAYMENT OF SETTLEMENT FUNDS

COURT APPROVALS

OPTING OUT OF THE CLASS ACTIONS

MORE QUESTIONS

Federal government must stop erosion of consumer protection by Canada’s banks

PRIVACY POLICY | SITE MAP | SEARCH

© 2016 Consumers Council of Canada

WORKING TOWARDS AN IMPROVED MARKETPLACE FOR CONSUMERS IN CANADA

OUR AIM IS AN EFFICIENT, EQUITABLE, SAFE AND EFFECTIVE MARKETPLACE

Join the Consumers Council Public Interest Network

The Consumers Council of Canada

Have a consumer experience to share?

Consumers nervous to get good advice about energy performance of homes

Council Annual Report of Activities highlights achievements, goals

What could artificial intelligence mean for the future of price offers?

Research released about potent consumer protection feature of electronic payment services

Consumer Experiences with Rent-to-Own

Featured Events

Latest News

If you purchased a lawn mower in Canada between January 1, 1994 and December 31, 2012, your legal rights could be affected.

LAWN MOWERS CLASS ACTION LAWSUIT

THE KAWASAKI AND TECUMSEH SETTLEMENTS

PAYMENT OF SETTLEMENT FUNDS

COURT APPROVALS

OPTING OUT OF THE CLASS ACTIONS

MORE QUESTIONS

PRIVACY POLICY | SITE MAP | SEARCH

© 2016 Consumers Council of Canada

WORKING TOWARDS
AN IMPROVED MARKETPLACE
FOR CONSUMERS IN CANADA

Have a consumer
experience to share?

If you purchased a lawn mower in Canada between
January 1, 1994 and December 31, 2012,
your legal rights could be affected.