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QUEBEC CONSUMER PROTECTION ACT PAGE 2

150.6. The rent must be payable before the expiration of the leasing period, except any amount due under the obligation of guarantee provided by a contract of lease with guaranteed residual value and charges relating to the degree of use of the goods, where they are exigible.

 

No charge relating to the degree of use of the goods may be required unless the goods are equipped with a device enabling their degree of use to be measured in hours or in kilometres and the rate per hour or per kilometre is specified in the contract.

 

1991, c. 24, s. 3.

 

150.7. The rent payable during the leasing period must be divided into instalments. All instalments must be equal, except the last, which may be less. The dates the instalments are payable must be fixed in such a manner as to be situated at the beginning of approximately equal divisions of the leasing period, not exceeding thirty-five days.

 

The merchant cannot require the consumer to pay more than two instalments in advance, and may only collect such instalments before the beginning of the leasing period.

 

1991, c. 24, s. 3.

 

150.8. Contracts entered into with a consumer contemplated in section 88, or with regard to goods contemplated in section 88 are exempt from the application of section 150.7, on the conditions provided in that section.

 

1991, c. 24, s. 3.

 

150.9. No long-term contract of lease may contain an agreement

 

 (a) obliging the consumer to return the goods in better condition than that resulting from normal wear;

 

 (b) which aims to specify normal wear;

 

 (c) contemplated in paragraph a or b of section 136.

 

1991, c. 24, s. 3.

 

150.10. The merchant assumes the risk of loss or deterioration of the goods by superior force; however, the merchant is not required to assume those risks while the consumer withholds the goods without right or after the merchant has transferred ownership of the goods to the consumer, where such is the case.

 

1991, c. 24, s. 3.

 

150.11. Any conventional warranty granted to a consumer and owner of goods benefits a consumer who is party to a long-term contract of lease as if he were the owner of the goods.

 

In the same manner, any conventional warranty available to a consumer and owner of goods must be available, on the same conditions and at the option of the consumer, to a consumer who is party to a long-term contract of lease of goods of the same kind and, if the consumer acquires that warranty, he benefits from it as if he were the owner of the goods.

 

1991, c. 24, s. 3.

 

150.12. Section 101 relating to discharge and the return of objects or documents, sections 102 and 103 relating to the rights and obligations of an assignee and sections 111 to 114 relating to insurance apply, adapted as required, to long-term contracts of lease.

 

1991, c. 24, s. 3.

 

150.13. Where a consumer is in default to perform his obligation in accordance with the terms and conditions of the contract, the merchant may either

 

 (a) exact immediate payment of that which is due;

 

 (b) exact, in the manner provided for in sections 105 and following, immediate payment of that which is due and all future instalments if the contract includes a clause of forfeiture of benefit of the term or another agreement to the same effect. However, the notice which must be sent by the merchant under section 105 must be drawn up in accordance with the form appearing in Schedule 7.1; or

 

 (c) retake possession of the goods leased in the manner contemplated in sections 150.14, 150.15 and, where applicable, 150.32.

 

1991, c. 24, s. 3.

 

150.14. Before exercising his right of repossession of the goods leased, the merchant must send to the consumer a notice in writing drawn up in accordance with the form appearing in Schedule 7.2.

 

The consumer may remedy his default or return the goods to the merchant within thirty days following receipt of the notice referred to in the first paragraph, and the right of repossession cannot be exercised until the expiry of those thirty days.

 

1991, c. 24, s. 3.

 

150.15. If, following a notice of repossession, the voluntary return or forced repossession of the goods is effected, the contract is rescinded of right from the date of such return.

 

The merchant is not, in such a case, bound to return the amount of the payments due he has already received, and he cannot claim any damages other than those actually resulting, directly and immediately, from the rescission of the contract.

 

The merchant is bound to minimize his damages.

 

1991, c. 24, s. 3.

 

150.16. The merchant who has opted for the recourse provided for in paragraph b of section 150.13 may, after the expiry of 30 days, avail himself of the recourse provided for in paragraph c of the same section.

 

The merchant who has opted for the recourse provided for in paragraph c of section 150.13 may, after the expiry of 30 days, avail himself of the recourse provided for in paragraph b of the same section.

 

1991, c. 24, s. 3; 1999, c. 40, s. 234.

 

150.17. The consumer may, during the leasing period and at his discretion, return the goods to the merchant. The contract is rescinded of right from the date of return of the goods, with the same consequences as a rescission under section 150.15.

 

1991, c. 24, s. 3.

 

§ 2. —  Contracts of lease with guaranteed residual value

 

150.18. A contract of lease with guaranteed residual value is a long-term contract of lease of goods by which the consumer guarantees that the merchant, once the leasing period is expired, will obtain a certain minimum value from the alienation of the goods.

 

For the purposes of this division, “residual value” means the value guaranteed by the consumer who is a party to such a contract.

 

1991, c. 24, s. 3.

 

150.19. The residual value must be established by a reasonable estimate by the merchant of the wholesale value which the goods will have at the end of the leasing period.

 

1991, c. 24, s. 3.

 

150.20. The residual value must be indicated in the contract and be expressed in terms of dollars and cents.

 

1991, c. 24, s. 3.

 

150.21. The consumer's obligation of guarantee as to the residual value is limited to the lesser of the following amounts:

 

 (a) the amount by which the residual value exceeds the value the merchant obtains from the alienation of the goods;

 

 (b) 20 percent of the residual value.

 

1991, c. 24, s. 3.

 

150.22. The contract must reproduce the particulars provided for in Schedule 7.3, in addition to those prescribed by regulation.

 

1991, c. 24, s. 3.

 

150.23. The contract may be cancelled without cost or penalty, at the discretion of the consumer, in the manner provided in sections 75 to 77 and on the condition provided in section 79, within two days following that on which each of the parties is in possession of a duplicate of the contract.

 

1991, c. 24, s. 3.

 

150.24. The net obligation refers to the total value of the goods, namely the aggregate of the retail value of the goods and the preparation, delivery, installation and other charges, minus the payment on account.

 

The payment on account includes the agreed value of goods given to the merchant as a trade-in, the first instalment and any sum received by the merchant before the beginning of the leasing period, including the value of a negotiable instrument payable on demand and the instalments paid in advance, if any.

 

The instalment obligation refers to the aggregate of the residual value and the periodic instalments other than those included in the payment on account.

 

1991, c. 24, s. 3.

 

150.25. The amount by which the instalment obligation exceeds the net obligation constitutes the implied credit charges. The merchant must mention those charges in terms of dollars and cents and indicate that they apply to the entire leasing period.

 

1991, c. 24, s. 3.

 

150.26. The implied credit rate is the expression of the implied credit charges expressed as an annual percentage. It must be computed and disclosed in the manner prescribed by regulation.

 

The contract must stipulate only one implied credit rate.

 

1991, c. 24, s. 3.

 

150.27. Section 83 and 91 apply to the computing of implied credit charges, replacing the expressions “credit charges” and “credit rate”, wherever they appear, by the expression “implied credit charges” and “implied credit rate”, respectively.

 

1991, c. 24, s. 3.

 

150.28. Sections 94 to 97 relating to statements of account apply to contracts of lease with guaranteed residual value, replacing the expression “credit charges”, wherever it appears, by the expression “implied credit charges”.

 

1991, c. 24, s. 3.

 

150.29. A consumer who is a party to a contract of lease with guaranteed residual value may, at any time during the leasing period, acquire the goods which are the object of the contract on paying the balance of his instalment obligation minus the implied credit charges not yet earned at the time of the acquisition.

 

1991, c. 24, s. 3.

 

150.30. Except in the cases and on the conditions prescribed by regulation, the merchant cannot, while the residual value of the goods is guaranteed by the consumer, alienate the goods to a prospective acquirer who offers a price for them lower than such residual value without first offering the goods to the consumer by sending him a notice in writing drawn up in accordance with the form appearing in Schedule 7.4.

 

The consumer, within five days following receipt of the notice, may acquire the goods by paying in cash a price equal to that offered by the prospective acquirer.

 

The consumer may, instead of acquiring the goods, within the same time, present a third person who agrees to pay in cash for the goods a price equal to that offered by the prospective acquirer.

 

1991, c. 24, s. 3; 1999, c. 40, s. 234.

 

150.31. The consumer is released from his obligation of guarantee in one or other of the following cases:

 

 (a) where the residual value of the goods is not specified in the contract in accordance with section 150.20;

 

 (b) where the merchant alienates the goods in contravention of section 150.30 or where he refuses to sell the goods to the third person presented in accordance with the third paragraph of that section;

 

 (c) where the alienation of the goods is not effected by onerous title;

 

 (d) where the alienation of the goods is not effected within a reasonable time after return of the goods to the merchant at the end of the leasing period;

 

 (e) where the merchant, after return of the goods at the end of the leasing period, uses those goods or allows them to be used by a third person otherwise than with a view to their alienation by onerous title.

 

1991, c. 24, s. 3.

 

150.32. The merchant cannot exercise a right of repossession under sections 150.13 to 150.16 unless he obtains the permission of the court if the consumer, at the time he defaults, has already paid at least one-half of the aggregate of his instalment obligation and his payment on account.

 

When the merchant applies to the court for this purpose, sections 143 to 145 apply.

 

1991, c. 24, s. 3.

 

DIVISION IV 
CONTRACTS RELATING TO AUTOMOBILES AND MOTORCYCLES

 

§ 1. —  General provisions

 

151. In the case of repairs under a warranty provided for by this division or under a conventional warranty:

 

 (a) the merchant or the manufacturer shall assume the reasonable costs of towing or breakdown service for the automobile, whether the towing or breakdown service is carried out by the merchant, the manufacturer or a third person;

 

 (b) the merchant or the manufacturer shall carry out the repairs to the automobile and assume their cost or shall permit the consumer to have the repairs carried out by a third person and shall assume their cost.

 

1978, c. 9, s. 151.

 

152. The merchant or the manufacturer is liable for the performance of a warranty provided for by this division or of a conventional warranty, to a consumer who is the subsequent purchaser of the automobile.

 

1978, c. 9, s. 152.

 

153. The warranty provided for by this division includes parts and labour.

 

1978, c. 9, s. 153.

 

154. Paragraph b of section 151 and sections 152 and 153 apply, with the necessary modifications, to motorcycles adapted for transportation on public highways.

 

1978, c. 9, s. 154.

 

§ 2. —  Contracts of sale and long-term contracts of lease of used automobiles and used motorcycles

 

155. The merchant must affix a label on every used automobile that he offers for sale or for long-term lease.

 

The label must be so affixed that it may be read entirely from outside the automobile.

 

1978, c. 9, s. 155; 1991, c. 24, s. 5.

 

156. The label must disclose:

 

 (a) if the used automobile is offered for sale, its price, and, if it is offered for long-term lease, its retail value;

 

 (b) the number of miles or kilometres registered on the odometer, and the number of miles or kilometres actually travelled by the automobile, if different from that indicated on the odometer;

 

 (c) the model year ascribed by the manufacturer, the serial number, the make, the model and the cubic capacity of the engine;

 

 (d) if such is the case, the fact that the automobile has been used as a taxi-cab, a drivers' school automobile, a police car, an ambulance, a leased automobile, an automobile for customers or as a demonstrator and the identity of every business or of every public agency that owned the automobile or rented it on a long term basis;

 

 (e) if such is the case, every repair done on the used automobile since it has been in the possession of the merchant;

 

 (f) the class provided for in section 160;

 

 (g) the characteristics of the warranty offered by the merchant;

 

 (h) that a certificate of mechanical inspection issued under the Highway Safety Code (chapter C-24.2) will be given to the consumer upon the signing of the contract;

 

 (i) that the merchant must, at the request of the consumer, provide him with the name and telephone number of the last owner other than the merchant.

 

For the application of paragraphs b and d of this section, the merchant may base himself on a written declaration of the last owner unless he has reasonable grounds to believe that it is false.

 

1978, c. 9, s. 156; 1986, c. 91, s. 665; 1991, c. 24, s. 6.

 

157. The label must be appended to the contract or, in the case of a long-term contract of lease which is not evidenced in writing, given to the consumer at the making of the contract.

 

All that is disclosed on the label forms an integral part of the contract, except the price at which the automobile is offered and the specifications of the warranty, which may be changed.

 

1978, c. 9, s. 157; 1991, c. 24, s. 7.

 

158. The contract of sale must be evidenced in writing and indicate:

 

 (a) the number of the licence issued to the merchant under of the Highway Safety Code (chapter C-24.2);

 

 (b) the place and date of the contract;

 

 (c) the name and address of the consumer and of the merchant;

 

 (d) the price of the automobile;

 

 (e) the duties chargeable, under a federal or provincial Act;

 

 (f) the total amount the consumer must pay under the contract; and

 

 (g) the specifications of the warranty.

 

1978, c. 9, s. 158; 1980, c. 11, s. 106; 1986, c. 91, s. 666; 1991, c. 24, s. 8.

 

159. The sale or long-term lease of a used automobile carries with it a warranty that the automobile will remain in good working order

 

 (a) for a period of six months or 10 000 kilometres, whichever occurs first, in the case of a class A automobile;

 

 (b) for a period of three months or 5 000 kilometres, whichever occurs first, in the case of a class B automobile;

 

 (c) for a period of one month or 1 700 kilometres, whichever occurs first, in the case of a class C automobile.

 

1978, c. 9, s. 159; 1991, c. 24, s. 9.

 

160. For the application of section 159, used automobiles are divided into the following classes:

 

 (a) class A automobiles, namely, where not more than two years have elapsed between the date the manufacturer put his automobiles of the same model and of the same model year on the market and the date of the sale or long-term lease contemplated in the said section, provided that the automobile has not covered more than 40,000 kilometres;

 

 (b) class B automobiles, namely, where they are not contemplated in paragraph a and not more than three years have elapsed between the date the manufacturer put his automobiles of the same model and of the same model year on the market and the date of the sale or long-term lease contemplated in the said section, provided that the automobile has not covered more than 60,000 kilometres;

 

 (c) class C automobiles, namely, where they are not contemplated in paragraph a or b and not more than five years have elapsed between the date the manufacturer put his automobiles of the same model and of the same model year on the market and the date of the sale or long-term lease contemplated in the said section, provided that the automobile has not covered more than 80,000 kilometres;

 

 (d) class D automobiles, namely, automobiles not contemplated in any of paragraphs a, b and c.

 

1978, c. 9, s. 160; 1991, c. 24, s. 10.

 

161. The warranty provided for by section 159 does not cover:

 

 (a) normal maintenance service and the replacement of parts resulting from it;

 

 (b) interior upholstery or exterior decorative items;

 

 (c) damage resulting from abuse by the consumer after delivery of the automobile; and

 

 (d) any accessory provided for by regulation.

 

1978, c. 9, s. 161.

 

162. Where the merchant offers a class A, B or C automobile for sale or for long-term lease, he may indicate on the label all the defects which exist in the automobile, with an estimate of the cost of repair thereof. The merchant is bound by the estimate and he guarantees that the repair may be carried out for the price mentioned in the estimate.

 

In that case, the merchant is not subject to the obligation of warranty for the defects mentioned on the label.

 

1978, c. 9, s. 162; 1991, c. 24, s. 11.

 

163. The warranty takes effect upon the delivery of the used automobile.

 

1978, c. 9, s. 163.

 

164. Sections 155 to 158 and 161 to 163 apply, with the necessary modifications, to the sale or long-term lease of a used motorcycle adapted for transportation on public highways.

 

The sale or long-term lease of a used motorcycle adapted for transportation on public highways carries with it a warranty that the motorcycle and its accessories will remain in good working order

 

 (a) for a period of two months, in the case of a class A motorcycle;

 

 (b) for a period of one month, in the case of a class B motorcycle.

 

Used motorcycles adapted for transportation on public highways are divided into the following classes:

 

 (a) class A motorcycles, namely, where not more than two years have elapsed between the date the manufacturer put his motorcycles of the same model and of the same model year on the market and the date of the sale or the long-term lease contemplated in this section;

 

 (b) class B motorcycles, namely, where more than two years but not more than three years have elapsed between the date the manufacturer put his motorcycles of the same model and of the same model year on the market and the date of the sale or the long-term lease contemplated in this section;

 

 (c) class C motorcycles, namely, motorcycles not contemplated in either of paragraphs a and b.

 

1978, c. 9, s. 164; 1991, c. 24, s. 12.

 

165. A person who, for valuable consideration, acts as an intermediary between consumers in the sale of used automobiles or used motorcycles adapted for transportation on public highways is subject to the obligations imposed on the merchant under this division.

 

1978, c. 9, s. 165.

 

166. Sections 155 to 165 do not apply to a new automobile which has been the object of a contract of lease comprising an option to purchase of which the lessee decides to avail himself or comprising a right of acquisition in section 150.29 or 150.30 which the consumer decides to exercise.

 

1978, c. 9, s. 166; 1991, c. 24, s. 13.

 

§ 3. —  Automobile and motorcycle repairs

 

167. For the purposes of this subdivision,

 

 (a) “merchant” means a person who carries out repairs for remuneration;

 

 (b) “repair” means work carried out on an automobile, except work determined by regulation.

 

1978, c. 9, s. 167.

 

168. Before carrying out any repairs, the merchant must give the consumer a written estimate. The merchant cannot be released from this obligation without a waiver written in its entirety by and signed by the consumer.

 

No estimate is required where the repairs are to be made free of charge to the consumer.

 

A merchant cannot charge a price for making an estimate unless he advises the consumer of the price before undertaking to make the estimate.

 

1978, c. 9, s. 168.

 

169. If, to make an estimate, it is necessary to disassemble an automobile or part of an automobile in whole or in part, the amount mentioned under section 168 must include the cost of reassembly should the consumer decide not to have the repairs carried out and the costs of labour and of any component required to replace a part that is not recoverable or re-usable that was destroyed during the disassembling.

 

1978, c. 9, s. 169.

 

170. The estimate must indicate:

 

 (a) the name and address of the consumer and of the merchant;

 

 (b) the make, the model and the registration number of the automobile;

 

 (c) the nature and total price of the repairs to be made;

 

 (d) the part to be installed, specifying whether it is a new, used, re-tooled or reconditioned part; and

 

 (e) the date and duration of that estimate.

 

1978, c. 9, s. 170.

 

171. Once accepted by the consumer, the estimate is binding on the merchant. No additional costs may be charged to the consumer for the repairs provided for in the estimate.

 

1978, c. 9, s. 171.

 

172. The merchant shall not carry out any repairs not provided for in the accepted estimate before obtaining the express authorization of the consumer.

 

In the case where the merchant obtains a verbal authorization, he must record it in the estimate, indicating the date, the time, the name of the person who gave it and, where such is the case, the telephone number dialed.

 

1978, c. 9, s. 172.

 

173. When the merchant has carried out repairs, he must give the consumer a bill indicating:

 

 (a) the name and address of the consumer and of the merchant;

 

 (b) the make, the model and the registration number of the automobile;

 

 (c) the date of delivery of the automobile to the consumer and the number of miles or kilometres registered on the odometer of the automobile on that date;

 

 (d) the repairs carried out;

 

 (e) the part installed, specifying whether it is a new, used, re-tooled or reconditioned part and its price;

 

 (f) the number of hours of labour billed, the hourly rate and the total cost of labour;

 

 (g) the duties chargeable under a federal or provincial Act;

 

 (h) the total amount the consumer must pay for that repair; and

 

 (i) the characteristics of the warranty.

 

1978, c. 9, s. 173; 1980, c. 11, s. 107.

 

174. Where repairs are carried out by a subcontractor, the merchant has the same obligation as if he had carried them out himself.

 

1978, c. 9, s. 174.

 

175. The merchant must, if the consumer so requires when requesting the repairs to be made, hand over to the consumer, at the same time as the latter takes delivery of his automobile, the parts that have been replaced, except:

 

 (a) where the repairs are carried out without charge to the consumer;

 

 (b) where the part is exchanged for a re-tooled or reconditioned part; or

 

 (c) where the replaced part is subject to a warranty contract under which the merchant must return that part to the manufacturer or to the distributor.

 

1978, c. 9, s. 175.

 

176. Repairs are guaranteed for three months or 5 000 kilometres, whichever occurs first. The guarantee takes effect upon the delivery of the automobile.

 

1978, c. 9, s. 176.

 

177. The guarantee provided for in section 176 does not cover damage resulting from abuse by the consumer after the repairs.

 

1978, c. 9, s. 177.

 

178. Acceptance of the estimate or payment by the consumer does not prejudice his recourse against the merchant based upon the absence of prior authorization for the repairs, bad workmanship or the price exceeding, as the case may be, the price indicated in the estimate or the total of the price indicated in the estimate and the price agreed upon when the change was authorized.

 

1978, c. 9, s. 178.

 

179. Notwithstanding articles 974 and 1592 of the Civil Code, the merchant shall not retain possession of the consumer's automobile

 

 (a) if the merchant has failed to give an estimate to the consumer before carrying out the repairs; or

 

 (b) if the total price of the repairs exceeds the price indicated in the estimate, provided that the consumer pays the price indicated in the estimate; or

 

 (c) if the total price of the repairs exceeds the aggregate amount of the price indicated in the estimate and the price agreed to when the modification was authorized, provided that the consumer pays a price equal to that amount.

 

1978, c. 9, s. 179; 1999, c. 40, s. 234.

 

180. A merchant who carries out automobile repairs shall, in accordance with the requirements prescribed by regulation, post in a conspicuous place in his establishment a sign informing consumers of the principal provisions of this subdivision.

 

1978, c. 9, s. 180.

 

181. Sections 167 to 175 and 177 to 180 apply, with the necessary modifications, to the repair of a motorcycle adapted for transportation on public highways.

 

Repairs to a motorcycle adapted for transportation on public highways are guaranteed for one month. The guarantee takes effect upon the delivery of the motorcycle.

 

1978, c. 9, s. 181.

 

DIVISION V 
REPAIR OF HOUSEHOLD APPLIANCES

 

182. For the purposes of this division,

 

 (a) “household appliance” means a kitchen range, a refrigerator, a freezer, a dishwasher, a microwave oven, a clothes washer, a clothes dryer, an audio device, an audio-video device, a computer and its peripheral equipment, an air conditioner, a dehumidifier, a heat pump or any other appliance determined by regulation;

 

 (b) “merchant” means a person who carries out repairs for remuneration;

 

 (c) “repair” means work carried out on a household appliance except work determined by regulation.

 

1978, c. 9, s. 182; 2006, c. 56, s. 6.

 

183. Before carrying out any repairs, the merchant must give the consumer a written estimate. The merchant cannot be released from this obligation without a waiver written in its entirety by and signed by the consumer.

 

No estimate is required where the repairs are to be made free of charge to the consumer.

 

A merchant cannot charge a price for making an estimate unless he advises the consumer of the price before undertaking to make the estimate.

 

1978, c. 9, s. 183.

 

184. The estimate must indicate:

 

 (a) the name and address of the consumer and of the merchant;

 

 (b) the description of the household appliance;

 

 (c) the nature and the total price of the repairs to be carried out;

 

 (d) the date and duration of the estimate.

 

1978, c. 9, s. 184.

 

185. When the repair has been carried out, the merchant must remit to the consumer a bill indicating:

 

 (a) the name and address of the consumer and of the merchant;

 

 (b) the description of the household appliance;

 

 (c) the repair carried out;

 

 (d) the part installed, specifying whether it is a new, used, retooled or reconditioned part and its price;

 

 (e) the number of hours of labour billed, the hourly rate and the total cost of labour;

 

 (f) the duties chargeable under a federal or provincial Act;

 

 (g) the total amount the consumer must pay for the repair; and

 

 (h) the characteristics of the warranty.

 

1978, c. 9, s. 185; 1980, c. 11, s. 108; 1987, c. 90, s. 5.

 

186. Every repair is guaranteed for three months. The guarantee includes parts and labour and takes effect upon the delivery of the household appliance.

 

1978, c. 9, s. 186.

 

187. Sections 171, 172, 174, 175, 177, 178 and 179 apply, with the necessary modifications, to the repair of household appliances.

 

1978, c. 9, s. 187.

 

DIVISION V.1 
CONTRACTS FOR THE SALE OF PREPAID CARDS

 

187.1. For the purposes of this division, “prepaid card” means a certificate, card or other medium of exchange that is paid in advance and allows the consumer to acquire goods or services from one or more merchants.

 

2009, c. 51, s. 9.

 

187.2. Before entering into a contract for the sale of a prepaid card, the merchant must inform the consumer of the conditions applicable to the use of the card and explain how to check the balance on the card.

 

If the information required under the first paragraph does not appear on the card, the merchant must provide it to the consumer in writing.

 

2009, c. 51, s. 9.

 

187.3. Subject to any applicable regulations, any stipulation providing for an expiry date on a prepaid card is prohibited unless the contract provides for unlimited use of a service.

 

2009, c. 51, s. 9.

 

187.4. Subject to any applicable regulations, no charge may be made to the consumer for the issue or use of a prepaid card.

 

2009, c. 51, s. 9.

 

187.5. The merchant who is party to a contract for the sale of a prepaid card must, when the consumer so requests, refund to the consumer an amount equal to the balance on the card when the balance is lower than the amount or percentage prescribed by regulation.

 

2009, c. 51, s. 9.

 

DIVISION VI 
SERVICE CONTRACTS INVOLVING SEQUENTIAL PERFORMANCE FOR INSTRUCTION, TRAINING OR ASSISTANCE

 

§ 1. —  General provisions

 

188. For the purpose of this division, every person offering or providing any of the services referred to in section 189 is considered to be a merchant, except:

 

 (a) school boards and the educational institutions under their authority;

 

 (b) general and vocational colleges;

 

 (c) universities;

 

 (d) faculties, schools or institutes of a university that are administered by a legal person distinct from that which administers the university;

 

 (e) educational institutions governed by the Act respecting private education (chapter E-9.1), for educational service contracts subject thereto;

 

 (f) (paragraph repealed);

 

 (f.1) institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1), for the subsidized teaching they provide;

 

 (g) Government departments and schools administered by the Government or by one of the Government departments;

 

 (g.1) the Conservatoire de musique et d'art dramatique du Québec established under the Act respecting the Conservatoire de musique et d'art dramatique du Québec (chapter C-62.1);

 

 (h) municipalities;

 

 (i) persons who are members of a professional order governed by the Professional Code (chapter C-26);

 

 (j) persons and classes of persons who carry on an activity referred to in section 189 without demanding or receiving any remuneration, directly or indirectly; and

 

 (k) persons and classes of persons specified by regulation.

 

1978, c. 9, s. 188; 1988, c. 84, s. 700; 1989, c. 17, s. 12; 1992, c. 68, s. 151; 1994, c. 15, s. 33; 1994, c. 40, s. 457; 1994, c. 2, s. 78; 1996, c. 2, s. 791; 1996, c. 21, s. 70; 1997, c. 96, s. 193; 1999, c. 40, s. 234; 1994, c. 2, s. 78.

 

§ 2. —  Principal contracts

 

189. This subdivision applies to contracts of service involving sequential performance, except contracts made by a merchant operating a physical fitness studio, the object of which is

 

 (a) to obtain instruction, training or assistance for the purpose of developing, maintaining or improving the health, appearance, skills, qualities, knowledge or the intellectual, physical or moral faculties of a person,

 

 (b) to assist a person in establishing, maintaining or developing personal or social relations, or

 

 (c) to grant a person the right to use goods to attain any of the purposes provided for in paragraph a or b.

 

1978, c. 9, s. 189; 1999, c. 40, s. 234.

 

190. The contract must be evidenced in writing and indicate:

 

 (a) the name and address of the consumer and of the merchant;

 

 (b) the place and date of the contract;

 

 (c) the description of the object of the contract and the date on which the merchant is to begin the performance of his obligation;

 

 (d) the duration of the contract and the address where it is to be performed;

 

 (e) the number of hours, days or weeks over which the services are distributed and the hourly rate, daily rate or weekly rate, as the case may be;

 

 (f) the total amount the consumer must pay under the contract;

 

 (g) the terms and conditions of payment; and

 

 (h) any other information prescribed by regulation.

 

The merchant must attach a form in conformity with Schedule 8 to the duplicate of the contract which he remits to the consumer.

 

1978, c. 9, s. 190; 1992, c. 68, s. 152.

 

191. The hourly rate, the daily rate or the weekly rate must be the same for the whole duration of the contract.

 

1978, c. 9, s. 191.

 

192. The merchant shall not collect any payment from the consumer before beginning to perform his obligation.

 

The merchant shall not collect payment of the consumer's obligation in less than two approximately equal instalments. The dates of payment of the instalments must be fixed in such a way as to be situated approximately at the beginning of approximately equal periods of the term of the contract.

 

1978, c. 9, s. 192.

 

193. The consumer may, at any time and at his discretion, cancel the contract by sending the form provided for in section 190 or another written notice to that effect to the merchant. The contract is cancelled of right from the sending of the form or notice.

 

1978, c. 9, s. 193.

 

194. If the consumer cancels the contract before the merchant has begun the performance of his principal obligation, the cancellation is effected without cost or penalty to the consumer.

 

1978, c. 9, s. 194.

 

195. If the consumer cancels the contract after the merchant has begun the performance of his principal obligation, the only sums that the merchant may exact from him are:

 

 (a) the price of the services rendered, computed on the basis of the hourly, daily or weekly rates stipulated in the contract, and

 

 (b) as a penalty, the lesser of the following sums: $50 and a sum representing not more than 10% of the price of the services that were not rendered.

 

1978, c. 9, s. 195.

 

196. Within ten days following the cancellation of the contract, the merchant must return to the consumer the sum of money he owes him.

 

1978, c. 9, s. 196.

 

§ 3. —  Physical fitness studios

 

197. This subdivision applies to contracts of service involving sequential performance made between a consumer and a merchant who operates a physical fitness studio.

 

1978, c. 9, s. 197; 1999, c. 40, s. 234.

 

198. For the purposes of this subdivision, “physical fitness studio” means an establishment providing goods or services designed to help improve a person's physical fitness through a change of weight, weight control, treatment, diet or exercise.

 

1978, c. 9, s. 198.

 

199. The contract must be evidenced in writing and indicate:

 

 (a) the licence number of the merchant;

 

 (b) the name and address of the consumer and of the merchant;

 

 (c) the place and date of the contract;

 

 (d) the description of the object of the contract and the date on which the merchant must begin to perform his obligation;

 

 (e) the duration of the contract and the address where it is to be executed;

 

 (f) the total amount the consumer must pay under the contract;

 

 (g) the terms and conditions of payment; and

 

 (h) any other information prescribed by regulation.

 

The merchant must attach a form in conformity with Schedule 9 to the duplicate of the contract which he remits to the consumer.

 

1978, c. 9, s. 199.

 

200. The duration of the contract shall not exceed one year.

 

1978, c. 9, s. 200.

 

201. No payment may be collected from the consumer by the merchant before the merchant has begun the performance of his obligation.

 

The merchant shall not collect payment of the consumer's obligation in fewer than two approximately equal instalments. The dates the instalments are payable must be fixed in such a manner as to be situated approximately at the beginning of approximately equal divisions of the duration of the contract.

 

1978, c. 9, s. 201.

 

202. The consumer may, at his discretion, cancel the contract without charge or penalty before the merchant has begun the performance of his principal obligation.

 

1978, c. 9, s. 202.

 

203. The consumer may also, at his discretion, cancel the contract within a period equal to one-tenth of the intended duration of the contract, from the time the merchant begins to perform his principal obligation. In such a case, the merchant shall not exact from the consumer payment of any sum greater than one-tenth of the total price provided in the contract.

 

1978, c. 9, s. 203.

 

204. The consumer may cancel the contract by means of the form provided for in section 199 or of another written notice to that effect to the merchant. The contract is cancelled of right from the sending of the form or notice.

 

1978, c. 9, s. 204.

 

205. Within ten days following the cancellation of the contract, the merchant must return to the consumer the sum of money he owes him.

 

1978, c. 9, s. 205.

 

§ 4. —  Accessory contracts

 

206. No merchant may make the entering into or the performance of the principal contract dependent upon the making of another contract between him and the consumer.

 

1978, c. 9, s. 206.

 

207. Where at the time of the entering into or performance of a principal contract, the consumer enters into a contract of service or for the lease of goods with the merchant that would not otherwise be contemplated in this division, such contract is governed by sections 190 to 196 or 197 to 205, as the case may be, with the necessary modifications.

 

1978, c. 9, s. 207; 1999, c. 40, s. 234.

 

208. Where, upon the making or the performance of a principal contract, the merchant sells goods to the consumer, he must remit to him a written contract indicating:

 

 (a) the name and address of the consumer and of the merchant;

 

 (b) the place and date of the contract;

 

 (c) the description of the object of the contract, including, where such is the case, the year of the model or any other distinguishing mark;

 

 (d) the cash price of each item of goods;

 

 (e) the duties chargeable under a federal or provincial Act;

 

 (f) the total amount the consumer must pay under the contract; and

 

 (g) any other information prescribed by regulation.

 

The merchant must attach a form in conformity with Schedule 10 to the duplicate of the contract which he remits to the consumer.

 

1978, c. 9, s. 208; 1980, c. 11, s. 109.

 

209. The consumer may, at his discretion, cancel the contract contemplated in section 208 within ten days following the day the goods are delivered or the day the merchant begins the performance of his obligation under the principal contract, whichever occurs last.

 

1978, c. 9, s. 209.

 

210. The consumer avails himself of his right of cancellation

 

 (a) by returning the goods to the merchant;

 

 (b) by returning to the merchant the form provided for in section 208; or

 

 (c) by another written notice to that effect to the merchant.

 

The contract is cancelled of right from the return of the goods or the sending of the form or notice.

 

1978, c. 9, s. 210.

 

211. Within 10 days following the cancellation, the parties must restore to each other what they have received from one another.

 

The merchant shall assume the costs of restitution.

 

The merchant shall assume the risk of loss or deterioration, even by superior force, of the goods being the object of the contract until the longer of the two terms contemplated in section 209 has expired.

 

1978, c. 9, s. 211.

 

212. Where a consumer cancels a principal contract, he may also, even after the time provided for in section 209 has expired, cancel a contract contemplated in section 208 by returning the goods to the merchant within 10 days following the cancellation of the first contract.

 

However, the consumer shall not cancel a contract contemplated in section 208 if he has been in possession of the goods for a period of two months or a period equivalent to one-third of the term stipulated in the principal contract, whichever is shorter.

 

1978, c. 9, s. 212; 1999, c. 40, s. 234.

 

213. Notwithstanding sections 209 and 212, the consumer shall not cancel a contract contemplated in section 208 if, as a result of any act or fault for which he is liable, he is unable to return the goods to the merchant in the condition in which he received them.

 

1978, c. 9, s. 213.

 

214. Sections 208 to 213 do not apply to a contract under which the total amount of the consumer's obligation does not exceed $100.

 

1978, c. 9, s. 214.

 

DIVISION VII 
CONTRACTS INVOLVING SEQUENTIAL PERFORMANCE FOR A SERVICE PROVIDED AT A DISTANCE

 

214.1. This division applies to contracts involving sequential performance for a service provided at a distance. However, it does not apply to contracts governed by Division VI, even if entered into by a person listed in section 188.

 

2009, c. 51, s. 11.

 

214.2. The contract must be evidenced in writing and include

 

 (a) the name and address of the consumer and the merchant;

 

 (b) the merchant's telephone number and, if available, the merchant's technological address;

 

 (c) the place and date of the contract;

 

 (d) a detailed description of the service or of each of the services to be provided under the contract;

 

 (e) the monthly rate for each of the services to be provided under the contract, including the monthly rate for any optional services, or the monthly cost if the rate is calculated on a basis other than a monthly basis;

 

 (f) the monthly rate for each of the associated costs or the monthly cost if the rate is calculated on a basis other than a monthly basis;

 

 (g) the total amount the consumer must pay each month under the contract;

 

 (h) any restrictions on the use of the service or services as well as the geographical limits within which they may be used;

 

 (i) the description of any goods sold or offered as a premium on the purchase of the service or services, specifying whether they are reconditioned, and their regular price;

 

 (j) the description of any service offered as a premium;

 

 (k) if applicable, the nature of the economic inducements given by the merchant in consideration of the contract, including such premiums as a rebate on the price charged for goods or services purchased or leased on the making of the contract;

 

 (l) the total value of any economic inducements prescribed by regulation to be used to calculate the cancellation indemnity that may be charged to the consumer under section 214.7;

 

 (m) a statement that only the value of the economic inducements referred to in subparagraph l will be used to calculate the cancellation indemnity charged to the consumer;

 

 (n) lthe manner of easily obtaining information on the rate for services that are not provided under the contract, and the rate for services that are subject to restrictions or geographical limits as mentioned in subparagraph h;

 

 (o) the term and expiry date of the contract;

 

 (p) without limiting the scope of section 214.6, the circumstances allowing the consumer to rescind, cancel or amend the contract and the related terms and costs or indemnity, if any; and

 

 (q) the formalities that must be fulfilled by the consumer to terminate the contract upon its expiry.

 

This information must be presented in the manner prescribed by regulation.

 

2009, c. 51, s. 11.

 

214.3. Any stipulation under which a contract whose term exceeds 60 days is renewed upon its expiry is prohibited, unless the renewal is for an indeterminate term

 

2009, c. 51, s. 11.

 

214.4. The merchant must inform the consumer of the expiry date of the contract by means of a written notice sent between the 90th and 60th day before that date.

 

The first paragraph does not apply to contracts whose term is 60 days or less.

 

2009, c. 51, s. 11.

 

214.5. The merchant may not demand payment for services of which the consumer was deprived during the repair of goods supplied free of charge or sold to the consumer on the making of the contract or during the term of the contract, if

 

 (1) cthe goods were given to the merchant for repair while they were still under warranty and the merchant did not provide a replacement free of charge;

 

 (2) the goods are necessary for the use of the services purchased.

 

Likewise, the merchant may not demand payment for services of which the consumer was deprived during the repair of goods leased from the merchant for the use of the services purchased.

 

2009, c. 51, s. 11.

 

214.6. The consumer may, at any time and at the consumer's discretion, cancel the contract by sending a notice to the merchant. The cancellation takes effect by operation of law on the sending of the notice or the date specified in the notice.

 

The total of the charges the merchant may then claim from the consumer, other than the price of the services provided to the consumer calculated at the rate provided in the contract, constitutes the contract cancellation indemnity. For the purposes of this paragraph, a service contract or a contract for the lease of goods concluded on the making of or in consideration of the service contract forms a whole with that contract.

 

2009, c. 51, s. 11.

 

214.7. If the consumer unilaterally cancels a fixed-term contract in consideration of which one or more economic inducements were given to him by the merchant, the cancellation indemnity may not exceed the value of the economic inducements determined by regulation that were given to him. The indemnity decreases as prescribed by regulation.

 

When no economic inducement determined by regulation was given to the consumer, the maximum indemnity the merchant may charge is the lesser of $50 and an amount representing not more than 10% of the price of the services provided for in the contract that were not supplied.

 

2009, c. 51, s. 11.

 

214.8. If the consumer unilaterally cancels an indeterminate-term contract, no cancellation indemnity may be claimed from the consumer unless the merchant gave the consumer a rebate on all or part of the sales price of the goods purchased in consideration of the service contract and entitlement to the rebate is acquired progressively according to the cost of the services used or the time elapsed. In such a case, the cancellation indemnity may not exceed the amount of the unpaid balance of the sales price of the goods at the time the contract was made. The indemnity decreases as prescribed by regulation.

 

2009, c. 51, s. 11.

 

214.9. If the consumer has paid a security deposit, the merchant may not cancel the contract for failure to pay outstanding amounts under the contract when they become due for as long as the amounts due do not exceed the amount of the deposit.

 

2009, c. 51, s. 11.

 

214.10. The merchant must notify the consumer in writing on using all or part of the security deposit to collect amounts not paid when they become due.

 

2009, c. 51, s. 11.

 

214.11. The merchant must return the security deposit to the consumer, with interest at the rate determined by regulation, minus any amounts due under the contract, within 30 days after the date on which the contract expires if it is not renewed or the date on which the contract is cancelled.

 

2009, c. 51, s. 11.

 

TITLE II 
BUSINESS PRACTICES

 

215. Any practice contemplated in sections 219 to 251 or, in case of the sale, lease or construction of an immovable, in sections 219 to 222, 224 to 230, 232, 235, 236 and 238 to 243 constitutes a prohibited practice for the purposes of this title.

 

1978, c. 9, s. 215; 1985, c. 34, s. 272.

 

216. For the purposes of this title, representation includes an affirmation, a behaviour or an omission.

 

1978, c. 9, s. 216.

 

217. The fact that a prohibited practice has been used is not subordinate to whether or not a contract has been made.

 

1978, c. 9, s. 217.

 

218. To determine whether or not a representation constitutes a prohibited practice, the general impression it gives, and, as the case may be, the literal meaning of the terms used therein must be taken into account.

 

1978, c. 9, s. 218.

 

219. No merchant, manufacturer or advertiser may, by any means whatever, make false or misleading representations to a consumer.

 

1978, c. 9, s. 219.

 

220. No merchant, manufacturer or advertiser may, falsely, by any means whatever,

 

 (a) ascribe certain special advantages to goods or services;

 

 (b) hold out that the acquisition or use of goods or services will result in pecuniary benefit;

 

 (c) hold out that the acquisition or use of goods or services confers or insures rights, recourses or obligations.

 

1978, c. 9, s. 220.

 

221. No merchant, manufacturer or advertiser may, falsely, by any means whatever,

 

 (a) hold out that goods or services include certain parts, components or ingredients;

 

 (b) hold out that goods have a particular dimension, weight, size or volume;

 

 (c) hold out that goods are of a specified standard;

 

 (d) represent that goods are of a particular category, type, model or year of manufacture;

 

 (e) hold out that goods are new, reconditioned or used to a specified degree;

 

 (f) hold out that goods have particular antecedents or have been used for a particular purpose;

 

 (g) ascribe certain characteristics of performance to goods or services.

 

1978, c. 9, s. 221.

 

222. No merchant, manufacturer or advertiser may, falsely, by any means whatever,

 

 (a) invoke specific circumstances to offer goods or services;

 

 (b) discredit goods or services offered by others;

 

 (c) hold out that goods or services have been furnished;

 

 (d) hold out that goods are made according to a specified method of manufacture;

 

 (e) hold out that goods or services are necessary in order to replace a part or make a repair;

 

 (f) hold out that goods or services have a specified geographic origin;

 

 (g) indicate the quantity of goods or services at his disposal.

 

1978, c. 9, s. 222.

 

223. A merchant must indicate the sale price clearly and legibly on all the goods or, if the goods are wrapped, on the wrapping of all the goods offered for sale in his establishment, subject to the regulations.

 

1978, c. 9, s. 223.

 

224. No merchant, manufacturer or advertiser may, by any means whatever,

 

 (a) lay lesser stress, in an advertisement, on the price of a set of goods or services than on the price of any goods or services forming part of the set;

 

 (b) subject to sections 244 to 247, disclose, in an advertisement, the amount of the instalments to be paid to acquire goods or to obtain a service without also disclosing the total price of the goods or services and laying the greater stress on such total price;

 

 (c) charge, for goods or services, a higher price than that advertised.

 

For the purposes of subparagraph c of the first paragraph, the price advertised must include the total amount the consumer must pay for the goods or services. However, the price advertised need not include the Québec sales tax or the Goods and Services Tax. More emphasis must be put on the price advertised than on the amounts of which the price is made up

 

1978, c. 9, s. 224; 2009, c. 51, s. 12.

 

225. No merchant, manufacturer or advertiser may, falsely, by any means whatever,

 

 (a) invoke a price reduction;

 

 (b) indicate a regular price or another reference price for goods or services;

 

 (c) let it be believed that the price of certain goods or services is advantageous.

 

1978, c. 9, s. 225.

 

226. No merchant or manufacturer may refuse to perform the warranty granted by him on the pretext that the document evidencing it has not reached him or was not validated.

 

1978, c. 9, s. 226.

 

227. No merchant, manufacturer or advertiser may, by any means whatever, make false representations concerning the existence, the scope or the duration of a warranty.

 

1978, c. 9, s. 227.

 

227.1. No person may, by any means whatever, make false or misleading representations concerning the existence, charge, amount or rate of duties payable under a federal or provincial statute.

 

1997, c. 85, s. 369.

 

228. No merchant, manufacturer or advertiser may fail to mention an important fact in any representation made to a consumer.

 

1978, c. 9, s. 228.

 

228.1. Before proposing to a consumer to purchase a contract that includes an additional warranty on goods, the merchant must inform the consumer orally and in writing, in the manner prescribed by regulation, of the existence and nature of the warranty provided for in sections 37 and 38.

 

In such a case, the merchant must also inform the consumer orally of the existence and duration of any manufacturer's warranty that comes with the goods. At the request of the consumer, the merchant must also explain to the consumer orally how to examine all of the other elements of the warranty.

 

Any merchant who proposes to a consumer to purchase a contract that includes an additional warranty on goods without first providing the information mentioned in this section is deemed to have failed to mention an important fact, and therefore to have used a practice prohibited under section 228.

 

2009, c. 51, s. 13.

 

229. No merchant, manufacturer or advertiser may, by any means whatever, when soliciting or making a contract, make false representations concerning the profitability or any other aspect of a business opportunity offered to a consumer.

 

1978, c. 9, s. 229.

 

230. No merchant, manufacturer or advertiser may, by any means whatever,

 

 (a) charge any sum whatever for any goods or services that he has sent or rendered to a consumer without the consumer having ordered them;

 

 (b) give any reason as a pretext for soliciting the sale of goods or the provision of services;

 

 (c) require that a consumer to whom he has provided services or goods free of charge or at a reduced price for a fixed period send a notice at the end of that period indicating that the consumer does not wish to obtain the services or goods at the regular price.

 

1978, c. 9, s. 230; 1991, c. 24, s. 14; 1999, c. 40, s. 234; 2009, c. 51, s. 14.

 

231. No merchant, manufacturer or advertiser may, by any means whatever, advertise goods or services of which he has an insufficient quantity to meet public demand unless mention is made in his advertisement that only a limited quantity of the goods or services is available and such quantity is indicated.

 

The merchant, manufacturer or advertiser who establishes to the satisfaction of the court that he had reasonable cause to believe that he could meet public demand or who offered the consumer, for the same price, other goods of the same nature and of an equal or greater cost price is not guilty of any infraction of this section.

 

1978, c. 9, s. 231.

 

232. No merchant, manufacturer or advertiser may, by any means whatever, put greater emphasis, in an advertisement, on a premium than on the goods or services offered.

 

“Premium” means any goods, services, rebate or other benefit offered or given at the time of the sale of goods or the performance of a service, which may be granted or obtained immediately or in a deferred manner, from the merchant, manufacturer or advertiser, either gratuitously or on conditions explicitly or implicitly presented as advantageous.

 

1978, c. 9, s. 232; 1999, c. 40, s. 234.

 

233. No merchant, manufacturer or advertiser may offer a gift, a prize or a rebate on any goods in connection with a contest or a drawing without clearly disclosing all the terms and conditions for obtaining it.

 

1978, c. 9, s. 233.

 

234. No person may refuse to enter into an agreement with a merchant, or terminate an agreement binding between him and a merchant, by reason of the fact that such merchant grants a rebate to the consumer who pays him cash or by negotiable instrument.

 

1978, c. 9, s. 234.

 

235. No person may, directly or indirectly, in a contract made with a consumer, make the grant of a rebate, payment or other benefit dependent upon the making of a contract of the same nature between that person or consumer and another person.

 

1978, c. 9, s. 235.

 

236. The contract commonly called a sale by reference, a multiple level sale, a pyramid sale, or a chain sale and any other similar mode of sale is in particular contemplated in section 235.

 

1978, c. 9, s. 236.

 

236.1. No merchant may sell a ticket to a consumer at a price above that announced by the vendor authorized to sell the tickets by the producer of the event.

 

The prohibition set out in the first paragraph does not apply to a merchant who

 

 (a) has the prior authorization of the producer of the event to resell a ticket at a higher price;

 

 (b) resells the ticket in a manner that is compliant with the agreement the merchant entered into with the producer of the event;

 

 (c) clearly informs the consumer before reselling the ticket

 

(i)  of the identity of the authorized vendor referred to in the first paragraph, of the fact that tickets may be available from the latter and of the advertised price of the tickets;

 

(ii)  that the ticket is being resold and, where applicable, of the maximum resale price agreed to by the producer of the event.

 

For the purposes of this section, “ticket” means any document or instrument that upon presentation gives the ticket holder a right of entry to a show, sporting event, cultural event, exhibition or any other kind of entertainment.

 

2011, c. 22, s. 1.

 

237. No person may

 

 (a) alter the odometer of an automobile so as to cause it to give an inaccurate reading of the distance travelled by the automobile;

 

 (b) repair the odometer of an automobile except if he sets it so that it indicates the same distance as that it indicated before the repair;

 

 (c) replace the odometer of an automobile except if he sets the new odometer so that it indicates the same distance as that shown on the replaced odometer.

 

1978, c. 9, s. 237; 1987, c. 90, s. 6.

 

238. No merchant, manufacturer or advertiser may, falsely, by any means whatever,

 

 (a) hold out that he is certified, recommended, sponsored or approved by a third person, or that he is affiliated or associated with the latter;

 

 (b) hold out that a third person recommends, approves, certifies or sponsors certain goods or services;

 

 (c) state that he has a particular status or identity.

 

1978, c. 9, s. 238.

 

239. No merchant, manufacturer or advertiser may, by any means whatever,

 

 (a) distort the meaning of any information, opinion or testimony;

 

 (b) rely upon data or analyses falsely presented as scientific.

 

1978, c. 9, s. 239.

 

240. Subject to any contrary provision contained in this Act or a regulation, no person may invoke the fact that he holds a permit or has furnished security required by this Act or a regulation, or is the representative of a person holding a permit or having furnished security required by this Act or a regulation, to hold out that his competence, solvency, conduct or operations are recognized or approved.

 

1978, c. 9, s. 240; 1980, c. 11, s. 110.

 

241. Subject to any contrary provision of this Act or a regulation, no person may invoke in any advertisement the fact that he holds a permit or has furnished security required by this Act or a regulation, or that he is the representative of a person who holds a permit or has furnished security required by this Act or a regulation.

 

1978, c. 9, s. 241; 1980, c. 11, s. 111.

 

242. No merchant may fail to mention his identity, and the fact that he is a merchant, in any advertisement.

 

1978, c. 9, s. 242.

 

243. No merchant or manufacturer may, in any advertisement of goods or services offered to the consumer, give a post office box as his address without mentioning at least his address.

 

1978, c. 9, s. 243.

 

244. No person may in any advertisement of goods or services, advise consumers of the credit offered to them except to mention the availability of credit in the manner prescribed by regulation.

 

1978, c. 9, s. 244.

 

245. No person may, in any advertisement concerning credit, urge consumers to obtain goods or services on credit or illustrate goods or services.

 

1978, c. 9, s. 245.

 

245.1. No person may send a credit offer, a loan certificate or any writing which, if it bears the consumer's signature, becomes a contract of credit to a consumer who has not applied therefor in writing.

 

1987, c. 90, s. 7.

 

246. No person may, in any advertisement concerning credit, disclose a rate regarding credit unless he also discloses, with equal emphasis, the credit rate computed in accordance with this Act.

 

1978, c. 9, s. 246; 1991, c. 24, s. 15.

 

247. No person may make use of advertising regarding the terms and conditions of credit, except the credit rate, unless such advertising includes the particulars prescribed by regulation.

 

1978, c. 9, s. 247.

 

247.1. No person may make use of advertising regarding the terms and conditions of long-term lease of goods, unless such advertising states expressly that the offer concerns long-term lease and includes the particulars prescribed by regulation in the manner therein provided.

 

1991, c. 24, s. 16.

 

248. Subject to what is provided in the regulations, no person may make use of commercial advertising directed at persons under thirteen years of age.

 

1978, c. 9, s. 248.

 

249. To determine whether or not an advertisement is directed at persons under thirteen years of age, account must be taken of the context of its presentation, and in particular of

 

 (a) the nature and intended purpose of the goods advertised;

 

 (b) the manner of presenting such advertisement;

 

 (c) the time and place it is shown.

 

The fact that such advertisement may be contained in printed matter intended for persons thirteen years of age and over or intended both for persons under thirteen years of age and for persons thirteen years of age and over, or that it may be broadcast during air time intended for persons thirteen years of age and over or intended both for persons under thirteen years of age and for persons thirteen years of age and over does not create a presumption that it is not directed at persons under thirteen years of age.

 

1978, c. 9, s. 249.

 

250. No person shall advertise that a merchant exchanges or accepts as payment cheques or other orders to pay issued by the government of Québec or of Canada or by a municipality.

 

1978, c. 9, s. 250; 1996, c. 2, s. 791.

 

251. No person may charge a consumer for exchanging or cashing a cheque or other order to pay issued by the government of Québec or of Canada or by a municipality.

 

1978, c. 9, s. 251; 1996, c. 2, s. 791.

 

252. For the purposes of sections 231, 246, 247, 247.1, 248 and 250, “to advertise” or “to make use of advertising” means to prepare, utilize, distribute, publish or broadcast an advertisement, or to cause it to be distributed, published or broadcast.

 

1978, c. 9, s. 252; 1991, c. 24, s. 17.

 

253. Where a merchant, manufacturer or advertiser makes use of a prohibited practice in case of the sale, lease or construction of an immovable or, in any other case, of a prohibited practice referred to in paragraph a or b of section 220, a, b, c, d, e or g of section 221, d, e or f of section 222, c of section 224 or a or b of section 225, or in section 227, 228, 229, 237 or 239, it is presumed that had the consumer been aware of such practice, he would not have agreed to the contract or would not have paid such a high price.

 

1978, c. 9, s. 253; 1985, c. 34, s. 273.

 

TITLE III 
SUMS TRANSFERRED IN TRUST

 

254. Any sum of money received by a merchant from a consumer before the making of a contract shall be transferred in trust. The merchant is the trustee of the sum, and must deposit it in a trust account until the sum is repaid to the consumer on demand or until the contract is made.

 

1978, c. 9, s. 254; 1999, c. 40, s. 234.

 

255. Any sum of money collected from a consumer by a merchant under a contract contemplated in section 56 shall be transferred in trust. The merchant is the trustee of the sum and must deposit it in a trust account until the time provided in section 59 has expired or until the contract is cancelled by virtue of section 59.

 

1978, c. 9, s. 255; 1999, c. 40, s. 234.

 

256. Any sum of money collected from a consumer by a merchant under a contract that stipulates that the principal obligation of the merchant is to be performed more than two months after the contract is made shall be transferred in trust. The merchant is the trustee of the sum and must deposit it in a trust account until the principal obligation has been performed.

 

1978, c. 9, s. 256; 1999, c. 40, s. 234.

 

257. The merchant shall, at all times, have only one trust account in a chartered bank, financial services cooperative, trust company or other institution authorized by the Deposit Insurance Act (chapter A-26) to receive deposits, to keep the sums of money contemplated in sections 254 to 256.

 

From the time the account is opened, he must inform the president of the place where such account is kept and the number of such account.

 

1978, c. 9, s. 257; 2000, c. 29, s. 664.

 

258. Every merchant must enter in his books or registers the appropriate accounting items in regard to the amounts he receives from a consumer and that must be transferred in trust under sections 254 to 256.

 

The merchant must, on demand of the consumer, render account of every sum he has received from him.

 

1978, c. 9, s. 258; 1999, c. 40, s. 234.

 

259. Interest on sums deposited in a trust account pursuant to this title belongs to the merchant.

 

1978, c. 9, s. 259.

 

260. Where the merchant is a legal person, each director is solidarily liable with the legal person for the sums which are transferred in trust in accordance with sections 254 to 256, unless the director proves that he acted in good faith.

 

1978, c. 9, s. 260; 1999, c. 40, s. 234.

 

TITLE III.1 
INFORMATION AGENTS Repealed, 1993, c. 17, s. 112.

 

260.1. (Repealed).

 

1971, c. 74, s. 43; 1980, c. 11, s. 112; 1993, c. 17, s. 112.

 

260.2. (Repealed).

 

1971, c. 74, s. 44; 1980, c. 11, s. 112; 1993, c. 17, s. 112.

 

260.3. (Repealed).

 

1971, c. 74, s. 45; 1980, c. 11, s. 112; 1993, c. 17, s. 112.

 

260.4. (Repealed).

 

1971, c. 74, s. 46; 1980, c. 11, s. 112; 1993, c. 17, s. 112.

 

TITLE III.2 
ADMINISTRATION OF SUMS COLLECTED IN RESPECT OF ADDITIONAL WARRANTIES

 

260.5. This title applies to every merchant required to hold a permit under paragraph d of section 321.

 

1988, c. 45, s. 2.

 

260.6. (Repealed).

 

1988, c. 45, s. 2; 2009, c. 51, s. 15.

 

260.7. The merchant must at all times maintain sufficient reserves to guarantee the obligations arising from any contract of additional warranty he may make.

 

1988, c. 45, s. 2; 1999, c. 40, s. 234.

 

260.8. For the purpose of maintaining sufficient reserves as required by section 260.7, the merchant must deposit forthwith in a separate trust account identified as a “reserve account”, a portion equal to not less than 50% of any sum he receives as consideration for a contract of additional warranty.

 

Any sum received by the merchant as consideration for a contract of additional warranty is, to the extent of the portion that he must deposit in the reserve account, transferred in trust and the merchant is the trustee thereof.

 

1988, c. 45, s. 2; 1999, c. 40, s. 234.

 

260.9. The reserve account must remain open at all times in Québec with a trust company which has made a written undertaking that it will assume the duties, obligations and responsibilities imposed on it by this Act with respect to the sums entrusted to it by the merchant.

 

Upon opening the account, the merchant must inform the president of the number of the account and of the place where it is held and transmit to him the undertaking of the trust company.

 

The undertaking must be consistent with the model provided in Schedule 11.

 

1988, c. 45, s. 2.

 

260.10. The merchant must provide a statement of his operations to the president at such intervals and in the manner prescribed by regulation.

 

1988, c. 45, s. 2.

 

260.11. The reserve account funds may be applied to the following purposes only:

 

 (a) paying a claim arising from a contract of additional warranty in respect of which a sum was deposited in the account pursuant to section 260.8;

 

 (b) refunding the sums due to a consumer following the dissolution or cancellation of a contract of additional warranty in respect of which a sum was deposited in the account pursuant to section 260.8.

 

The merchant may reserve the right to choose how the reserve account funds are to be invested. The only investments permitted in that case are investments of a class prescribed by regulation, made by the trust company.

 

1988, c. 45, s. 2.

 

260.12. No trust company with which a reserve account has been opened may permit that the reserve account funds be applied otherwise than to one of the purposes set out in section 260.11 and on presentation of the proper supporting documents.

 

1988, c. 45, s. 2.

 

260.13. The merchant must keep separate accounting records of all operations affecting the reserve account, in which the application of funds must appear in detail.

 

In addition, the merchant must keep and update a register of all consumers having entered into a contract of additional warranty with him, stating in respect of each contract the date of signing, the date of expiry and the price, the sum deposited in trust, and any amount used or withdrawn.

 

1988, c. 45, s. 2.

 

260.14. The sums collected by a merchant to be deposited in trust in his reserve account pursuant to section 260.8 are deemed to be held in trust for the consumers by the merchant so long as they have not been applied to the discharge of a claim arising from a contract of additional warranty or to the refund of sums due to a consumer following the dissolution or cancellation of a contract of additional warranty or so long as the residual value of the contracts has not been refunded to the consumers, and an amount equal to the aggregate of the sums deemed to be held in trust shall be regarded as a separate fund not forming part of the merchant's property, whether or not the amount has been kept separate and apart from the merchant's own funds or the mass of his property.

 

The residual value of the contracts must be calculated according to recognized actuarial hypotheses and methods as it stands on the date of a winding-up order in respect of the merchant, on the date of an assignment, seizure or taking of possession of his property, on the date of a receiving order against him or on the date fixed by a provisional administrator appointed under section 260.16.

 

1988, c. 45, s. 2.

 

260.15. The reserve account funds are unassignable and unseizable.

 

1988, c. 45, s. 2.

 

260.16. The president may appoint a provisional administrator to manage temporarily, continue or terminate the current business of a merchant in any of the following cases:

 

 (a) where the merchant operates without a permit;

 

 (b) where the merchant no longer meets one of the requirements prescribed by this Act or the regulations for obtaining a permit;

 

 (c) where the merchant's permit is cancelled or suspended by the president or where the latter refuses to renew the permit;

 

 (d) where the president has reasonable grounds to believe that, during the term of his permit, the merchant did not comply with every obligation under sections 260.7 to 260.13;

 

 (e) where the president is of the opinion that the rights of consumers may be jeopardized if such action is not taken.

 

1988, c. 45, s. 2.

 

260.17. Before appointing a provisional administrator, the president must give the merchant an opportunity to present observations.

 

However, in an urgent situation, the president may first appoint the provisional administrator, provided that he allows the merchant at least 10 days to present observations.

 

1988, c. 45, s. 2; 1997, c. 43, s. 461.

 

260.18. (Repealed).

 

1988, c. 45, s. 2; 1997, c. 43, s. 462.

 

260.19. The decision to appoint a provisional administrator must state the reasons therefor and the president shall notify the merchant of the decision in writing.

 

1988, c. 45, s. 2.

 

260.20. The provisional administrator shall have the necessary powers to carry out the mandate entrusted to him by the president.

 

Subject to the restrictions included in his mandate, he may, of his own initiative, in particular,

 

 (a) take possession of the funds held in trust or otherwise by or for the merchant;

 

 (b) commit the said funds to carry out the mandate entrusted to him by the president and enter into such contracts as are necessary for that purpose;

 

 (c) establish the number and identity of the holders of contracts of additional warranty;

 

 (d) assign, transfer or otherwise dispose of the contracts of additional warranty;

 

 (e) fix the residual value of the contracts of additional warranty as it stands on the date he determines and, where applicable, establish a method of distribution of the funds;

 

 (f) transact upon any claim by a consumer against the merchant for the performance of a contract of additional warranty;

 

 (g) sue for the purposes of the carrying out of his mandate.

 

In no case may the provisional administrator be sued by reason of acts performed in good faith in the performance of his duties.

 

1988, c. 45, s. 2.

 

260.21. Where a provisional administrator is appointed, every person in possession of documents, records, books, computer data, computer programs or other effects relating to the merchant's business must hand them over on request to the provisional administrator and give him access to such premises, equipment or computers as he may require.

 

1988, c. 45, s. 2.

 

260.22. After receiving a notice to that effect from the provisional administrator appointed for a merchant, no depositary of funds for the merchant may make any withdrawal or payment from the funds, except with the written authorization of the provisional administrator. The funds must, on request, be put in the possession of the provisional administrator according to his directives.

 

1988, c. 45, s. 2.

 

260.23. The costs of the provisional administration and the fees of the provisional administrator shall be charged to the merchant and become payable upon being approved by the president. If the merchant fails to pay the account within 30 days of its presentation, the costs and fees shall be payable by preference to any other debt, out of the security required of the merchant where such is the case, and in case of a lack or insufficiency of funds, they shall be payable out of the reserve account funds and the sums so applied shall affect proportionally the claim of each consumer. In such a case, each consumer is subrogated to the rights of the provisional administrator against the merchant for an amount equal to the amount of his claim applied to the payment.

 

1988, c. 45, s. 2.

 

260.24. The costs incurred for the administration of the provisions of this title shall be charged to the merchants holding a permit.

 

The Government shall determine, each year, the quantum of the costs, which shall be claimed and collected from the merchants, in accordance with the criteria of apportionment and the terms and conditions prescribed by regulation.

 

1988, c. 45, s. 2.

 

TITLE IV 
PROOF, PROCEDURE AND PENALTIES

 

CHAPTER I 
PROOF AND PROCEDURE

 

261. No person may derogate from this Act by private agreement.

 

1978, c. 9, s. 261.

 

262. No consumer may waive the rights granted to him by this Act unless otherwise provided herein.

 

1978, c. 9, s. 262.

 

263. Notwithstanding article 2863 of the Civil Code, a consumer, when exercising a right provided by this Act, may make proof by testimony, even to contradict or vary the terms of a writing, to establish that this Act has not been complied with.

 

1978, c. 9, s. 263; 1999, c. 40, s. 234.

 

264. Every document certified true to the original by the president or any person empowered under this Act to conduct an investigation is receivable as proof and has the same value as the original.

 

1978, c. 9, s. 264; 1995, c. 38, s. 1.

 

265. The minutes of the sittings of the Office certified true by the president are authentic. The same rule applies to documents or copies emanating from the Office or forming part of its records when they are signed by the president of the Office.

 

1978, c. 9, s. 265; 1995, c. 38, s. 2.

 

266. The Attorney General, the president and a body referred to in section 316 are exempt from the obligation to give security in order to obtain an injunction under this Act.

 

1978, c. 9, s. 266; 2009, c. 51, s. 16.

 

267. Where an injunction granted under this Act is not complied with, a motion for contempt of court may be presented before the court of the place where the contempt was committed.

 

1978, c. 9, s. 267.

 

268. Every notice given by a merchant under this Act must be drawn up in the language of the contract to which it refers.

 

1978, c. 9, s. 268.

 

269. In computing any time provided for by any Act or regulation the application of which is under the supervision of the Office,

 

 (a) the day which marks the start of the time is not counted, but the terminal day is counted;

 

 (b) non-juridical days are counted; but when the last day is a non-juridical day, the time is extended to the next following juridical day;

 

 (c) Saturday is considered a non-juridical day, as are 2 January and 26 December.

 

1978, c. 9, s. 269; 1999, c. 40, s. 234.

 

270. The provisions of this Act are in addition to any provision of another Act granting a right or a recourse to a consumer.

 

1978, c. 9, s. 270.

 

CHAPTER II 
CIVIL RECOURSES

 

271. If any rule provided in sections 25 to 28 governing the making of contracts is not observed or if a contract does not conform to the requirements of this Act or the regulations, the consumer may demand the nullity of the contract.

 

In the case of a contract of credit, if any of the terms and conditions of payment, or the computation or any indication of the credit charges or the credit rate does not conform to this Act or the regulations, the consumer may at his option demand the nullity of the contract or demand that the credit charges be cancelled and that any part of them already paid be restored.

 

The court shall grant the demand of the consumer unless the merchant shows that the consumer suffered no prejudice from the fact that one of the above mentioned rules or requirements was not respected.

 

1978, c. 9, s. 271.

 

272. If the merchant or the manufacturer fails to fulfil an obligation imposed on him by this Act, by the regulations or by a voluntary undertaking made under section 314 or whose application has been extended by an order under section 315.1, the consumer may demand, as the case may be, subject to the other recourses provided by this Act,

 

 (a) the specific performance of the obligation;

 

 (b) the authorization to execute it at the merchant's or manufacturer's expense;

 

 (c) that his obligations be reduced;

 

 (d) that the contract be rescinded;

 

 (e) that the contract be set aside; or

 

 (f) that the contract be annulled,

 

without prejudice to his claim in damages, in all cases. He may also claim punitive damages.

 

1978, c. 9, s. 272; 1992, c. 58, s. 1; 1999, c. 40, s. 234.

 

273. (Repealed).

 

1978, c. 9, s. 273; 2006, c. 56, s. 7.

 

274. (Repealed).

 

1978, c. 9, s. 274; 2006, c. 56, s. 7.

 

275. (Repealed).

 

1978, c. 9, s. 275; 2006, c. 56, s. 7.

 

276. The consumer may set up in defence or by cross-demand an exception provided by this Act which tends to rebut an action or to justify a right against the merchant even if the time to avail himself thereof by a direct action has expired.

 

1978, c. 9, s. 276; 1999, c. 40, s. 234.

 

CHAPTER III 
PENAL PROVISIONS

 

277. Every person who

 

 (a) contravenes this Act or any regulation;

 

 (b) gives false information to the Minister, the president or any person empowered to make an investigation under this Act;

 

 (c) hinders the application of this Act or of any regulation;

 

 (d) does not comply with a voluntary undertaking made under section 314 or whose application has been extended by an order under section 315.1;

 

 (e) disobeys a decision of the president;

 

 (f) being subject to an order of the court under section 288, omits or refuses to comply with such order,

 

is guilty of an offence.

 

1978, c. 9, s. 277; 1992, c. 58, s. 2.

 

278. A person convicted of an offence constituting a prohibited practice or an offence under paragraph b, c, d, e or f of section 277 is liable

 

 (a) in the case of a natural person, to a fine of $600 to $15,000;

 

 (b) in the case of a legal person, to a fine of $2,000 to $100,000.

 

For a second or subsequent conviction, the offender is liable to a fine with minimum and maximum limits twice as high as those prescribed in subparagraph a or b, as the case may be.

 

1978, c. 9, s. 278; 1990, c. 4, s. 703; 1992, c. 58, s. 3; 1999, c. 40, s. 234.

 

279. A person convicted of an offence other than an offence under section 278 is liable

 

 (a) in the case of a natural person, to a fine of $300 to $6,000;

 

 (b) in the case of a legal person, to a fine of $1,000 to $40,000.

 

For a second or subsequent conviction, the offender is liable to a fine with minimum and maximum limits twice as high as those prescribed in subparagraph a or b, as the case may be.

 

1978, c. 9, s. 279; 1990, c. 4, s. 704; 1992, c. 58, s. 4; 1999, c. 40, s. 234.

 

280. In determining the amount of the fine, the court shall take into account, in particular,

 

 (a) first, the economic loss caused by the offence to a consumer or to several consumers;

 

 (b) secondly, the benefits and the income that the person who committed the offence derived from committing it.

 

1978, c. 9, s. 280.

 

281. (Repealed).

 

1978, c. 9, s. 281; 1990, c. 4, s. 705.

 

282. Where a legal person is guilty of an offence against this Act or any regulation, every director or representative of such legal person who had knowledge of the said offence is deemed to be a party to the offence and is liable to the penalty provided for in section 278 or 279 for a natural person, unless he establishes to the satisfaction of the court that he did not acquiesce in the commission of such offence.

 

1978, c. 9, s. 282; 1999, c. 40, s. 234.

 

283. Every person who performs or omits to perform an act in view of aiding a person to commit an offence against this Act or a regulation or who advises, encourages or incites a person to commit an offence is himself guilty of the offence and is liable to the same penalty.

 

1978, c. 9, s. 283.

 

284. (Repealed).

 

1978, c. 9, s. 284; 1990, c. 4, s. 706; 1992, c. 61, s. 476.

 

285. (Repealed).

 

1978, c. 9, s. 285; 1990, c. 4, s. 707; 1992, c. 61, s. 477.

 

286. (Repealed).

 

1978, c. 9, s. 286; 1990, c. 4, s. 708.

 

287. No penal proceedings may be sustained if the accused establishes that he employed reasonable diligence by taking all the necessary precautions to ensure that this Act or the regulations were complied with.

 

Penal proceedings instituted against a merchant or an advertiser under Title II shall not be maintained if it is established that the offence alleged was committed only because the accused had reasonable grounds to rely on information given by the merchant or, as the case may be, the manufacturer.

 

1978, c. 9, s. 287.

 

288. A judge may, on the application of the prosecutor, order that a person convicted of an offence under a provision of section 278 distribute, in accordance with the terms and conditions which the court considers appropriate to ensure a prompt and adequate communication to consumers, the conclusions of the judgment rendered against him, and the corrections, explanations, warnings and other information which the court considers necessary to re-establish the facts concerning any goods or services or any advertisement made in relation to any goods or services which have or could have misled consumers.

 

Prior notice of the application for an order shall be given by the prosecutor to the person who could be compelled, under such an order, to distribute certain information, except where they are in the presence of the judge.

 

1978, c. 9, s. 288; 1992, c. 61, s. 478.

 

289. Where a person convicted of an offence provided for in section 278, the court may request from the Office a written report on the economic and commercial activities of the offender, in order to enable it to pronounce the sentence.

 

1978, c. 9, s. 289; 1990, c. 4, s. 709.

 

290. If a person commits repeated offences against this Act or the regulations, the Attorney General, after the Director of Criminal and Penal Prosecutions has instituted penal proceedings against him, may apply to the Superior Court for a writ of interlocutory injunction enjoining such person, his directors, agents or employees to cease committing the offences complained of until a final judgment has been rendered in the penal proceedings.

 

After such judgment has been rendered, the Superior Court shall itself render a final judgment on the application for an injunction.

 

1978, c. 9, s. 290; 2005, c. 34, s. 65.

 

290.1. Penal proceedings for an offence under a provision of this Act shall be prescribed by two years from the date of the commission of the offence.

 

1992, c. 61, s. 479.

 

TITLE V 
ADMINISTRATION

 

CHAPTER I 
OFFICE DE LA PROTECTION DU CONSOMMATEUR

 

DIVISION I 
ESTABLISHMENT AND ADMINISTRATION OF THE OFFICE

 

291. A body is established under the name of “Office de la protection du consommateur”.

 

1978, c. 9, s. 291.

 

292. It is the duty of the Office to protect consumers and, to that end,

 

 (a) to supervise the application of this Act and of any other Act under which it is charged with such supervision;

 

 (b) to receive complaints from consumers;

 

 (c) to educate and inform the population on matters of consumer protection;

 

 (d) to carry out studies respecting consumer protection and where required, make recommendations to the Minister;

 

 (e) to promote and subsidize the establishment and development of consumer protection services or bodies and to cooperate with such services and bodies;

 

 (f) to make merchants, manufacturers and advertisers aware of consumer needs and demands;

 

 (g) to promote the interests of consumers before those governmental bodies whose activities affect consumers;

 

 (h) (paragraph repealed);

 

 (i) to cooperate with the various governmental departments and bodies of Québec in matters of consumer protection and to coordinate the work done by such departments and bodies for such purpose;

 

 (j) (paragraph repealed).

 

1978, c. 9, s. 292; 2006, c. 56, s. 8.

 

293. The Office has its head office at the place determined by the Government; notice of the place or, of a change of place of the head office is published in the Gazette officielle du Québec.

 

The Office may hold its sittings at any place in Québec.

 

1978, c. 9, s. 293.

 

294. The Office is composed of not more than ten members, including a president and a vice-president, appointed by the Government.

 

The members of the Office shall be persons who, by reason of their activities, are likely to contribute in a particular manner to the solution of consumer problems.

 

1978, c. 9, s. 294; 1988, c. 45, s. 3; 1995, c. 38, s. 3; 2002, c. 55, s. 31.

 

295. The president and the vice-president are appointed for not more than five years. The other persons chosen as members of the Office are appointed for a term of not more than three years.

 

1978, c. 9, s. 295; 1988, c. 45, s. 4; 1995, c. 38, s. 4; 2002, c. 55, s. 32.

 

296. Each of the members of the Office shall remain in office at the expiry of his term, until he is replaced or reappointed.

 

1978, c. 9, s. 296; 1988, c. 45, s. 4; 1995, c. 38, s. 5; 2002, c. 55, s. 33.

 

297. If a member of the Office other than the president or the vice-president does not complete his term of office, the Government shall appoint a person to replace him for the remainder of the term.

 

1978, c. 9, s. 297; 1988, c. 45, s. 4; 1995, c. 38, s. 6; 2002, c. 55, s. 34.

 

298. The Government shall fix the fees, allowances or salaries of the members of the Office. The president and the vice-president are subject to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

 

1978, c. 9, s. 298; 1988, c. 45, s. 4; 1995, c. 38, s. 7; 2002, c. 55, s. 35.

 

299. The other officers and employees of the Office are appointed in accordance with the Public Service Act (chapter F-3.1.1).

 

The president shall exercise in that regard the powers vested by the said Act in the chief executive officer of an agency.

 

1978, c. 9, s. 299; 1978, c. 15, s. 133, s. 140; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

 

300. The president and the vice-president shall exercise their functions on a full time basis.

 

1978, c. 9, s. 300; 1988, c. 45, s. 4; 1995, c. 38, s. 8; 2002, c. 55, s. 36.

 

301. The president presides at meetings of the Office. He is responsible for the administration of the Office.

 

1978, c. 9, s. 301.

 

302. The vice-president shall replace the president when the president is absent or unable to act.

 

1978, c. 9, s. 302; 1988, c. 45, s. 5; 1995, c. 38, s. 9; 2002, c. 55, s. 37.

 

303. The Office shall each year submit to the Minister a report of its activities for the preceding fiscal year. The Minister shall table such report before the National Assembly. If it is not in session, the report shall be tabled within thirty days after the opening of the next session or after resumption.

 

1978, c. 9, s. 303.

 

304. The Office may pass by-laws for its internal management.

 

These by-laws and the regulations made pursuant to paragraph j of section 292 come into force, after being approved by the Government, on their publication in the Gazette officielle du Québec or on any other date indicated therein.

 

1978, c. 9, s. 304.

 

DIVISION II 
POWERS OF THE PRESIDENT

 

305. The president may investigate any matter respecting any Act or regulation the application of which is under the supervision of the Office. For such purpose, he has the powers and immunity granted to commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

 

The president may authorize a person generally or specially to investigate any matter relating to any law or regulation the application of which is under the supervision of the Office. Every person so authorized is vested with the immunity granted to commissioners appointed under the Act respecting public inquiry commissions (chapter C-37). Such person must, on demand, produce a certificate signed by the president, attesting his authority.

 

1978, c. 9, s. 305; 1992, c. 61, s. 480.

 

306. The president may, in the performance of his duties, enter at any reasonable time the establishment of a merchant, a manufacturer or an advertiser and inspect it and, in particular, examine the registers, books, accounts, vouchers and other documents and the goods offered for sale or sold by the merchant and take specimens for the purposes of expert appraisal.

 

The president shall, on request, identify himself and produce a certificate of his capacity.

 

1978, c. 9, s. 306; 1986, c. 95, s. 261.

 

306.1. The president may require, for the purposes of an investigation or inspection, any information relevant to the administration of an Act or regulation the administration of which is under the supervision of the Office.

 

Every book, register or other document having been examined by the president or produced to him may be copied or photocopied and every copy or photocopy of such book, register or document certified by the president to be a copy or photocopy of the original is receivable as evidence and has the same probative value as the original.

 

1986, c. 95, s. 261.

 

306.2. The president may at any time require that a merchant submit a report on his activities or on any matter relating to his reserve account or trust accounts, at such intervals and in the manner determined by the president.

 

1988, c. 45, s. 6.

 

307. It is prohibited to hinder the action of the president in any way or any person authorized by him in the performance of his duties, to mislead him by concealment or misrepresentation, to refuse to give him any information or document which he is entitled to obtain under any Act or regulation the application of which is under the supervision of the Office.

 

1978, c. 9, s. 307.

 

308. The president may exempt from the application of sections 254 to 257 every merchant who delivers to him security the form, terms, conditions and amount of which are prescribed by regulation.

 

The president may refuse the exemption on grounds provided for in section 325, 326 or 327, with the necessary modifications.

 

1978, c. 9, s. 308; 1980, c. 11, s. 113.

 

309. (Repealed).

 

1978, c. 9, s. 309; 2006, c. 56, s. 9.

 

310. Where the president has reason to believe that the funds that must be kept in trust in accordance with sections 254, 255 and 256 may be misappropriated, he may apply for an injunction ordering any person in Québec having the deposit, control or custody of such funds to keep them in trust for the period and on the conditions determined by the court.

 

1978, c. 9, s. 310.

 

311. The president may require that a merchant, a manufacturer or an advertiser communicate to him the content of the advertising that he uses.

 

1978, c. 9, s. 311.

 

312. The president may require that a merchant, a manufacturer or an advertiser show the truthfulness of an advertisement.

 

1978, c. 9, s. 312.

 

313. The president may require that a merchant who makes contracts of credit contemplated by this Act communicate to him any information regarding the credit rates he charges consumers and the criteria used to establish such rates.

 

The president may make public any such information.

 

1978, c. 9, s. 313.

 

314. The president may accept a voluntary undertaking from a person with the object of governing the relations between a merchant, or group of merchants, and consumers, in particular in order to determine the information to be given to consumers, the quality of the goods or services with which they are to be provided, standard contracts, methods of settling disputes or rules of conduct.

 

Where he believes that a person has contravened or is contravening any Act or regulation the application of which is supervised by the Office, the president may also accept a voluntary undertaking from that person to comply with the Act or regulation in question.

 

1978, c. 9, s. 314; 1992, c. 58, s. 5.

 

315. The president shall determine the terms and conditions of the voluntary undertaking, which may provide in particular for

 

 (a) the publication or distribution of the content of the voluntary undertaking;

 

 (b) the compensation of consumers;

 

 (c) the reimbursement of the costs of investigation and any other expenses;

 

 (d) the obligation to give security or another form of guarantee to indemnify consumers.

 

1978, c. 9, s. 315.

 

315.1. The Government may, by order and with or without modification, extend the application of a voluntary undertaking made under section 314 to all merchants in the same sector of activity, for all or part of the territory of Québec.

 

1992, c. 58, s. 6.

 

316. If a person has engaged or engages in a practice prohibited under Title II or a merchant has included or includes in a contract a stipulation prohibited by this Act or a regulation, or has included or includes a stipulation inapplicable in Québec that is referred to in section 19.1 without complying with that section, the president may apply to the court for an injunction ordering the person to cease engaging in the practice or ordering the merchant to cease including such a stipulation in a contract, or to comply with section 19.1.

 

A consumer advocacy body that has been constituted as a legal person for at least one year may apply for an injunction under this section and is deemed to have the interest required for that purpose. The court may not decide on the application for injunction filed by such a body unless a notice, attached to the motion to institute proceedings or the application for an interlocutory injunction, as the case may be, is notified to the president.

 

If an injunction granted under this section is not complied with, a motion for contempt of court may be brought by the president or the body referred to in the second paragraph.

 

1978, c. 9, s. 316; 2009, c. 51, s. 17.

 

317. The court may, in addition, order the person in respect of whom a permanent injunction is granted

 

 (a) to reimburse the costs of investigation incurred by the applicant;

 

 (b) to publish and distribute, in the manner and on the conditions which the court considers appropriate to insure a prompt and adequate communication to consumers, the conclusions of the judgment rendered against him, and the corrections, explanations, warnings and other information which the court considers necessary to re-establish the facts concerning any goods or services or any advertising made in relation to any goods or services which have or could have misled consumers.

 

1978, c. 9, s. 317.

 

318. In any action relating to any Act or regulation the application of which is under the supervision of the Office, the president may intervene, of right, at any time before the judgment.

 

1978, c. 9, s. 318.

 

319. The president may authorize a person generally or specially to exercise the powers that are conferred upon him by sections 306, 306.1, 314 and 315.

 

1978, c. 9, s. 319; 1986, c. 95, s. 262.

 

320. The president may authorize the vice-president or a member of the personnel of the Office to exercise all the powers granted to the president under an Act or regulation the application of which is under the supervision of the Office.

 

1978, c. 9, s. 320; 1988, c. 45, s. 7; 1995, c. 38, s. 10; 2002, c. 55, s. 38.

 

CHAPTER II 
PERMITS

 

321. Subject to the exceptions prescribed by regulation, the following persons must hold a permit:

 

 (a) every itinerant merchant, except the itinerant merchant who makes a contract contemplated in section 57;

 

 (b) every merchant who makes contracts of loan of money governed by this Act;

 

 (c) every merchant who operates a physical fitness studio;

 

 (d) every merchant who offers or makes a contract of additional warranty relating to an automobile or a motorcycle adapted for transportation on public roads or relating to other property or another class of property defined by regulation, except a legal person authorized to act in Québec as an insurer and holding a permit issued by the Autorité des marchés financiers.

 

1978, c. 9, s. 321; 1984, c. 47, s. 128; 1988, c. 45, s. 8; 1999, c. 40, s. 234; 2002, c. 45, s. 550; 2004, c. 37, s. 90.

 

322. Where the merchant does not hold the permit required by this Act or, as the case may be, the licence required under the Highway Safety Code (chapter C-24.2), a consumer may apply to have the contract annulled.

 

In the case of a contract for the loan of money, the consumer may apply instead, at his option, for the suppression of the credit charges and the return of any part of the credit charges already paid.

 

1978, c. 9, s. 322; 1986, c. 91, s. 667.

 

323. Every person wishing to obtain a permit must send his application to the president in the form prescribed by regulation, together with the documents prescribed by regulation.

 

Such application must, in the cases provided for by regulation, be accompanied by security in the amount and form prescribed therein.

 

1978, c. 9, s. 323.

 

323.1. (Repealed).

 

1984, c. 47, s. 129; 1988, c. 45, s. 8.

 

324. Where several itinerant merchants deal in the goods or services of the same merchant or the same manufacturer, the latter may apply in their place and stead for an itinerant merchant's permit.

 

In such a case, the itinerant merchants carrying on business in the goods and services of the applicant are, for the purposes of this Act, deemed to be his representatives in the course of that business.

 

1978, c. 9, s. 324; 1999, c. 40, s. 234.

 

325. The president may refuse to issue a permit, if

 

 (a) the applicant, by reason of his financial condition, is not in a position to assume the obligations arising from his business;

 

 (b) in his opinion, there are reasonable grounds to believe that the permit must be refused to ensure, in the public interest, that the business activities contemplated in this chapter will be performed with honesty and competence;

 

 (c) the name of the partnership or legal person applying for the permit is identical to that of another partnership or legal person holding a permit, or so resembles it that it may be mistaken for it;

 

 (d) the applicant does not meet a requirement prescribed by this Act or by regulation; or

 

 (e) the applicant has not complied with a voluntary undertaking made under section 314 or whose application has been extended by an order under section 315.1.

 

1978, c. 9, s. 325; 1986, c. 95, s. 263; 1999, c. 40, s. 234; 2009, c. 51, s. 18.

 

326. If the applicant is a legal person or a partnership, the president may require every director or partner thereof to comply with the same requirements as those prescribed by this Act in respect of any person applying for a permit.

 

1978, c. 9, s. 326; 1999, c. 40, s. 234.

 

327. The president may refuse to issue a permit to any applicant who, during the three years preceding his application, was found guilty of

 

 (a) an offence against any Act or regulation the administration of which is under the supervision of the Office and for which he has not obtained a pardon;

 

 (b) an indictable offence in connection with the occupation of merchant and for which he has not obtained a pardon.

 

1978, c. 9, s. 327; 1986, c. 95, s. 264.

 

328. The president may suspend or cancel the permit of any holder who, during the term of the permit, has been found guilty of

 

 (a) an offence against any Act or regulation the application of which is under the supervision of the Office, or

 

 (b) an indictable offence in connection with the occupation of merchant.

 

1978, c. 9, s. 328; 1986, c. 95, s. 265.

 

329. The president may suspend or cancel the permit of any holder who, during the term of his permit

 

 (a) no longer meets the requirements prescribed by this Act or the regulations for the issuance of a permit;

 

 (b) is unable, owing to his financial position, to assume the obligations arising from his business;

 

 (c) is unable to ensure, in the interest of the public, that his business activities will be performed with honesty and competence;

 

 (d) does not comply with an obligation prescribed in sections 260.7 to 260.13;

 

 (e) does not comply with a voluntary undertaking made under section 314 or whose application has been extended by an order under section 315.1.

 

1978, c. 9, s. 329; 1984, c. 47, s. 130; 1986, c. 95, s. 266; 1988, c. 45, s. 9; 2009, c. 51, s. 19.

 

330. Every holder of a permit must have an establishment in Québec.

 

Such establishment must be situated in an immovable or part of an immovable in which the holder carries on business.

 

1978, c. 9, s. 330.

 

331. Every holder of a permit must notify the president within 15 days of any change

 

 (a) of address;

 

 (b) of name;

 

 (c) of directors, in the case of a legal person; or

 

 (d) of partners, in the case of a partnership.

 

1978, c. 9, s. 331; 1999, c. 40, s. 234.

 

332. The president may refuse to issue and may suspend or cancel a permit by reason of the fact that an applicant or holder made misrepresentations or distorted an important fact when he applied for a permit.

 

1978, c. 9, s. 332.

 

333. The president, before refusing to issue a permit to a person or before suspending or cancelling the permit he has issued to him, must notify the person in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the person at least 10 days to present observations.

 

1978, c. 9, s. 333; 1997, c. 43, s. 463.

 

334. Any decision refusing to issue, suspending or cancelling a permit must give the reason therefor. The president must give written notice of his decision to the person concerned.

 

1978, c. 9, s. 334.

 

335. A permit is valid for two years. It is renewed on the conditions prescribed by this Act and the regulations.

 

The president may, however, issue a permit for a shorter period if he deems that the public interest is at stake or for administrative reasons.

 

1978, c. 9, s. 335.

 

336. If a permit holder becomes bankrupt, the trustee in bankruptcy who continues the business of the holder does so under the same permit and security. In such case, he is subject to all the obligations imposed on such holder by this Act and by regulation.

 

1978, c. 9, s. 336.

 

337. The rights conferred by a permit cannot be transferred except in the case of the death of the holder of such permit. In such case, the president may authorize the transfer upon payment of the duties exigible and on the conditions prescribed by this Act and by regulation.

 

1978, c. 9, s. 337.

 

338. In accordance with the terms and conditions prescribed by regulation, the security shall be used , first, to compensate any consumer who has a claim against the person who gave the security or his representative, then, to pay the fine imposed on him.

 

1978, c. 9, s. 338.

 

338.1. (Repealed).

 

1984, c. 47, s. 131; 1988, c. 45, s. 8.

 

338.2. (Repealed).

 

1984, c. 47, s. 131; 1988, c. 45, s. 8.

 

338.3. (Repealed).

 

1984, c. 47, s. 131; 1988, c. 45, s. 8.

 

338.4. (Repealed).

 

1984, c. 47, s. 131; 1988, c. 45, s. 8.

 

338.5. (Repealed).

 

1984, c. 47, s. 131; 1988, c. 45, s. 8.

 

338.6. (Repealed).

 

1984, c. 47, s. 131; 1988, c. 45, s. 8.

 

338.7. (Repealed).

 

1984, c. 47, s. 131; 1988, c. 45, s. 8.

 

338.8. (Repealed).

 

1984, c. 47, s. 131; 1988, c. 45, s. 8.

 

338.9. (Repealed).

 

1984, c. 47, s. 131; 1988, c. 45, s. 8.

 

CHAPTER III 
PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

 

339. Every person whose application for a permit has been dismissed by the president or whose permit has been suspended or cancelled by the president and a merchant for whom a provisional administrator has been appointed may contest the decision of the president before the Administrative Tribunal of Québec within 30 days of notification of the decision.

 

1978, c. 9, s. 339; 1984, c. 47, s. 132; 1988, c. 21, s. 66; 1997, c. 43, s. 465.

 

340. The Tribunal shall, in exercising its power to suspend the execution of the contested decision, give particular consideration to the interests of consumers.

 

1978, c. 9, s. 340; 1988, c. 21, s. 66; 1997, c. 43, s. 466.

 

341. When assessing the facts or the law, the Tribunal shall not substitute its assessment of the public interest or of the interest of the public for the assessment made by the president, pursuant to section 325, 329 or 335, before he made his decision.

 

1978, c. 9, s. 341; 1988, c. 21, s. 66; 1997, c. 43, s. 466.

 

342. (Replaced).

 

1978, c. 9, s. 342; 1997, c. 43, s. 466.

 

343. (Replaced).

 

1978, c. 9, s. 343; 1997, c. 43, s. 466.

 

344. (Replaced).

 

1978, c. 9, s. 344; 1997, c. 43, s. 466.

 

345. (Replaced).

 

1978, c. 9, s. 345; 1997, c. 43, s. 466.

 

346. (Replaced).

 

1978, c. 9, s. 346; 1997, c. 43, s. 466.

 

347. (Replaced).

 

1978, c. 9, s. 347; 1997, c. 43, s. 466.

 

348. (Replaced).

 

1978, c. 9, s. 348; 1997, c. 43, s. 466.

 

349. (Replaced).

 

1978, c. 9, s. 349; 1997, c. 43, s. 466.

 

CHAPTER IV 
REGULATIONS

 

350. The Government may make regulations

 

 (a) determining the content and physical presentation and the terms and conditions of distribution or remittance of all contracts, statements of account or other documents contemplated by the laws and regulations the application of which is under the supervision of the Office;

 

 (b) establishing models for contracts or other documents contemplated by the laws and regulations the application of which is under the supervision of the Office;

 

 (c) determining standards for instructions respecting the maintenance or use of goods, packing, labelling or presentation of goods and the disclosure of the price of goods or services;

 

 (d) determining standards of quality, safety and warranty for goods or services;

 

 (e) determining the rules respecting the terms and conditions of calculation and disclosure of the conditions of payment, the credit rate and credit charges or implied credit rate and implied credit charges in a contract, an example chart or another document or in advertising;

 

 (f) identifying the contracts that, notwithstanding section 57, constitute contracts made by an itinerant merchant;

 

 (g) determining the conditions of renewal or extension of credit, or those of credit resulting from a consolidation of debts;

 

 (h) determining the content, the physical presentation and the position of signs required by this Act;

 

 (i) identifying the accessories of a used automobile or a used motorcycle that are not covered by the warranty established by this Act;

 

 (j) determining the work that does not constitute repairs within the meaning of this Act;

 

 (k) establishing standards regarding the content and physical presentation of an advertisement;

 

 (l) determining the cases where security may be required, the form, terms and conditions and amount of the security and the manner of disposing of the security in case of cancellation or confiscation or for the indemnification of a consumer or the execution of a judgment in a penal matter;

 

 (m) (paragraph repealed);

 

 (n) determining the qualifications required of any person applying for a permit or the renewal of a permit, or in the case provided for in section 337, the transfer of a permit, the conditions he must fulfil, the information and documents he must furnish and the duties he must pay;

 

 (o) determining standards, conditions and modes and procedures for the receipt and keeping of sums transferred in trust;

 

 (p) establishing rules for the keeping of merchants' registers, accounts, books and records to the extent that consumer protection is involved;

 

 (q) exempting, on such conditions as it may determine, an advertisement from the application of section 248;

 

 (r) exempting, in whole or in part, from the application of this Act, any class of persons, goods, services or contracts that it determines and fixing conditions for that exemption;

 

 (s) determining the duties chargeable to a person who requests a copy of his credit record from an information agent;

 

 (t) determining, for the purposes of paragraph d of section 321, the other property or classes of property for which no merchant may offer or make a contract of additional warranty unless he holds a permit;

 

 (u) establishing, for merchants required to hold a permit under paragraph d of section 321, norms relating to the establishment, conservation and application of the reserves they are required to maintain and of any additional reserves it may see fit to require, and determining the dates when the merchants must provide a statement of their operations to the president and the form and content of the statement;

 

 (v) determining the criteria of apportionment according to which the costs contemplated in section 260.24 must be assumed by the merchants to whom the costs are charged under that section, and establishing the modalities for claiming, paying and collecting the costs;

 

 (w) prescribe the classes of investment that may be chosen by a merchant under section 260.11;

 

 (x) determining the duties to be paid by a person requesting an exemption under section 308;

 

 (y) determining cases where a distance contract may not be cancelled by the consumer under sections 54.8 and 54.9;

 

 (z) determining cases, other than that described in section 54.14, where the consumer may request a credit card chargeback following cancellation of a distance contract, and specifying the information to be included with the request and the chargeback terms;

 

 (z.1) determining appliances, other than those mentioned in section 182, that constitute household appliances;

 

 (z.2) establishing any fund for the purpose of indemnifying customers in business sectors governed by an Act the administration of which is under the supervision of the Office, prescribing the amount and the form of the contributions required and determining the circumstances for and the terms and the conditions of collection, payment, administration and use of the fund, in particular, fixing a maximum amount, per customer or event, that may be paid out of a fund;

 

 (z.3) prescribing, with respect to any indemnity fund established under paragraph z.2, that the investment income on the sums accrued in the fund may be used by the Office, on the terms and conditions the Government determines, to inform and educate consumers with regard to their rights and obligations under this Act or an Act governing the business sector covered by the fund;

 

 (z.4) identifying prohibited contract stipulations, in addition to those provided for in this Act;

 

 (z.5) prescribing the rules respecting the method of calculating the cancellation indemnity provided for in section 214.7 and the cancellation indemnity provided for in section 214.8, the mechanics of the decrease in those indemnities, as well as the elements of the economic inducement to be used in calculating the cancellation indemnity provided for in section 214.7.

 

1978, c. 9, s. 350; 1980, c. 11, s. 114; 1984, c. 47, s. 133; 1987, c. 90, s. 8; 1988, c. 45, s. 10, s. 11; 1988, c. 45, s. 12; 1990, c. 4, s. 710; 1991, c. 24, s. 18; 1999, c. 40, s. 234; 2006, c. 56, s. 10; 2009, c. 51, s. 20.

 

351. No draft regulation may be adopted unless it is preceded by a notice of thirty days published in the Gazette officielle du Québec. Such prior notice must reproduce the text of the draft.

 

A regulation comes into force on the day of the publication in the Gazette officielle du Québec of a notice indicating that it has been adopted by the Government or, if amended by the latter, on the day of the publication of its final text or on any later date fixed in the notice or final text.

 

1978, c. 9, s. 351; 1980, c. 11, s. 115.

 

TITLE VI 
TRANSITIONAL AND MISCELLANEOUS PROVISIONS

 

352. The Minister has charge of the carrying out of this Act.

 

1978, c. 9, s. 352.

 

353. (Omitted).

 

1978, c. 9, s. 353.

 

354. In any Act, proclamation, order in council, contract or document, a reference to the Consumer Protection Act (chapter P-40) replaced by this Act, is a reference to this Act or to the equivalent provision of this Act.

 

1978, c. 9, s. 354; 1999, c. 40, s. 234.

 

355. (Omitted).

 

1978, c. 9, s. 355.

 

356. Permits issued under the Consumer Protection Act (chapter P-40) replaced by this Act remain in force until their date of expiry pursuant to the Act so replaced, whereupon they are renewed in accordance with this Act.

 

1978, c. 9, s. 356.

 

357. The regulations made by the Government by virtue of the Consumer Protection Act (chapter P-40) remain in force, to such extent as they are consistent with this Act, until they are repealed, or until they are amended or replaced by regulations made by virtue of this Act.

 

1978, c. 9, s. 357.

 

358. Proceedings instituted under the Consumer Protection Act (chapter P-40) are continued, as are contraventions to and prescriptions begun under the said Act, and these, respectively, shall be prosecuted or are completed under the said Act.

 

1978, c. 9, s. 358.

 

359. (Amendment integrated into c. E-9, s. 63.1).

 

1978, c. 9, s. 359.

 

360. (Amendment integrated into c. C-24, s. 22).

 

1978, c. 9, s. 360.

 

361. (Amendment integrated into c. C-24, s. 25.1).

 

1978, c. 9, s. 361.

 

362.  Appropriations for the carrying out of the Consumer Protection Act (chapter P-40) shall be transferred to enable the carrying out of this Act.

 

Supplementary appropriations for the carrying out of this Act for the fiscal year 1978/1979 and the appropriations for the fiscal year 1979/1980 shall be taken out of the Consolidated Revenue Fund.

 

For subsequent fiscal years, the appropriations shall be taken out of the moneys granted each year by Parliament.

 

1978, c. 9, s. 362.

 

363. This Act will come into force on the date to be fixed by proclamation of the Government, except any provisions excluded by that proclamation, which will come into force on any later date that may be fixed by proclamation of the Government.

 

1978, c. 9, s. 363.

 

364. (This section ceased to have effect on 17 April 1987).

 

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

 

SCHEDULE  1

 

STATEMENT OF CONSUMER CANCELLATION RIGHTS

 

(Consumer Protection Act, section 58)

 

You may cancel this contract for any reason within 10 days after you receive a copy of the contract along with the other required documents.

 

If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel the contract within one year. You lose that right if you accept delivery after the 30 days. There are other grounds for an extension of the cancellation period to one year, for example if the itinerant merchant does not hold a permit or has not provided the required security at the time the contract is made, if the goods are never delivered or the services never performed, or if the contract is incorrectly made or worded. For more information, you may seek legal advice or contact the Office de la protection du consommateur.

 

If you cancel the contract, the itinerant merchant must refund all amounts you have paid, and return to you the goods received in payment, as a trade-in or on account; if the merchant is unable to return the goods, you are entitled to receive an amount of money corresponding to the value indicated in the contract or the cash value of the goods, within 15 days of cancellation. You also have 15 days to return to the merchant any goods you received from the merchant.

 

To cancel, you must return the items received from the merchant to the merchant or the merchant's representative, send the merchant the cancellation form printed below, or send the merchant written notice of cancellation. The form or written notice must be sent to the merchant or the merchant's representative at the address indicated on the form, or at any other address indicated in the contract. You must give notice of cancellation by personal delivery or by any other method that will allow you to prove that you gave notice, including registered mail, E-mail, fax and courier.


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