P-40.1, r. 2 - Order in Council respecting the Policy on accurate pricing for merchants who use optical scanner technology

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chapter P-40.1, r. 2
Order in Council respecting the Policy on accurate pricing for merchants who use optical scanner technology
CONSUMER PROTECTION - OPTICAL SCANNER
Consumer Protection Act
(chapter P-40.1, s. 315.1)
P-40.1
September 1 2012
VOLUNTARY UNDERTAKING
The merchant shall undertake to implement the mechanisms necessary to achieve and maintain the accurate pricing of the goods sold in his establishment and, without restricting the scope of the preceding, THE MERCHANT UNDERTAKES AS FOLLOWS:
ACCURATE PRICING POLICY
1. For each establishment in which the merchant intends to use the exemption prescribed in section 91.4 of the Regulation respecting the application of the Consumer Protection Act (chapter P-40.1, r. 3), the merchant shall adopt and apply an accurate pricing policy offering consumers compensation in the case of an unfavourable error corresponding to the following minimum standards:
(1)  where the price of the good rung in at the check-out is higher than the price advertised, the lower price shall be honoured and:
(a)  the merchant shall give the good to the consumer free of charge, if the accurate price of the good is $10 or less; or
(b)  the merchant shall correct the price and grant the consumer a discount of $10 on the corrected price, if the accurate price of the good is higher than $10;
(2)  where the same error occurs in respect of identical goods during the same transaction, the merchant shall correct each of the errors but compensate the consumer in accordance with paragraph 1 for only one of those goods;
(3)  the accurate pricing policy shall apply even if the error is noticed before the transaction is completed, on the condition however that the consumer buys the good;
(4)  the accurate pricing policy shall not apply in respect of a specific good if its application contravenes an Act or regulation.
O.C. 11-2001, s. 1; O.C. 608-2001.
2. The merchant shall post in a conspicuous place, near each check-out in the establishment and near each optical scanner made available to consumers, the accurate pricing policy in dark, easily legible letters on the white background of a sign measuring at least 387 cm2 and on which only the policy appears. Where the area of the establishment open to the consumers is 697 m2 or more, the merchant shall also post the policy in a conspicuous place in the establishment in dark, easily legible letters on the white background of a sign measuring at least 0.56 m2 and on which only the policy appears.
O.C. 11-2001, s. 2.
3. The accurate pricing policy shall be printed in the merchant’s flyer at least once during each trimester of publication of the flyer.
O.C. 11-2001, s. 3.
REIMBURSEMENT OF THE COSTS OF INVESTIGATION
4. The merchant shall reimburse the Office de la protection du consommateur for the costs of any investigation carried out under the authority of the president of the Office in accordance the powers conferred on the president by the Act, to verify the pricing accuracy rate in the establishment up to:
(1)  $250 upon the first investigation;
(2)  $1,000 upon the second investigation if that second investigation is carried out within 6 months following a notice given by the president of the Office according to which the first investigation showed a pricing error rate of more than 2% in the establishment.
O.C. 11-2001, s. 4.
INTERPRETATION
5. For the purposes of this voluntary undertaking:
“pricing accuracy” means the conformity of prices rung in at the check-out with the advertised price in respect of a good sold in the establishment;
“pricing accuracy rate” means the percentage of goods that are part of a transaction in which the price rung in at the check-out is identical to the advertised price;
“pricing error rate” means the percentage of goods that are part of a transaction in which the price rung in at the check-out is higher than the advertised price.
O.C. 11-2001, s. 5.
6. For the purposes of this voluntary undertaking, the pricing error of a good in an advertisement shall not be taken into account in the calculation of the pricing error rate nor for the application of the accurate pricing policy described in section 1 as of the moment when the merchant posts, in a conspicuous place, a mention of the error and the correction made, near the place where the good is sold and near the check-outs in the establishment. This provision does not restrict the scope of subparagraph c of the first paragraph of section 224 of the Consumer Protection Act (chapter P-40.1).
O.C. 11-2001, s. 6.
FINAL PROVISIONS
7. A merchant who contravenes any provision of this voluntary undertaking commits an offence under paragraph d of section 277 of the Act.
O.C. 11-2001, s. 7.
8. The provisions of this undertaking shall take effect once the merchant begins to use the exemption prescribed in section 91.4 of the Regulation respecting the application of the Consumer Protection Act (chapter P-40.1, r. 3) and they shall cease to apply on the date on which the merchant ceases to use that exemption provided that he notifies the president of the Office de la protection du consommateur of that fact in writing at least 15 days before that date.
O.C. 11-2001, s. 8.
REFERENCES
O.C. 11-2001, 2001 G.O. 2, 675
O.C. 608-2001, 2001 G.O. 2, 2310