P-40 - Consumer Protection Act

Replaced on 30 April 1980

This document has official status.

chapter P-40

Consumer Protection Act

Chapter P-40 is replaced by the Consumer Protection Act (chapter P-40.1) except sections 84 to 88 which are repealed. (1978, c. 9, s. 353).

1978, c. 9, s. 353.

DIVISION I DEFINITIONS

1. In this act, unless the context indicates a different meaning, the following expressions and words mean:

(a)  “address”

(1)  of merchant: the place of his business establishment or office indicated in the contract or of such new place of which he subsequently notifies the consumer;

(2)  of consumer: the place of his usual residence indicated in the contract or such new residence of which he subsequently notifies the merchant.

A post office box is not an address within the meaning of this act.

(b)  “used automobile” : any vehicle propelled by any power other than muscular force, and adapted for transportation on the public highways, in fields or forest, which has been used for any purpose other than for its delivery or reconditioning by the manufacturer or vendor, or by his agent or representative;

(c)  “goods” : any moveable property or service which is the object of a contract;

(d)  “consumer” : any physical person who is a party to a contract in a capacity other than that of merchant;

(e)  “contract” : any contract contemplated in Division III or V made between a consumer and a merchant in the course of his business;

(f)  “credit” : the right granted by a merchant to a consumer to perform an obligation within a term, for a charge;

(g)  “director” : the director of the Office de la protection du consommateur;

(h)  “duties payable” : any duties payable under a federal or provincial act;

(i)  “Minister” : the Minister of Consumer Affairs, Cooperatives and Financial Institutions;

(j)  “principal obligation” : the delivery of goods or the performance of a service;

(k)  “Bureau” : the Office de la protection du consommateur established by this act;

(l)  “period” : any length of time not exceeding five weeks;

(m)  “permit” : a permit required by this act;

(n)  “cash price” : the price at which goods or services are offered to a consumer who receives no credit when the contract is entered into;

(o)  “regulation” : any regulation made under this act by the Gouvernement;

(p)  “credit rate” : the actual annual percentage of the credit charge calculated in accordance with the regulations;

(q)  “vendor” : any merchant who makes sales in the course of his business;

(r)  “itinerant vendor” : any vendor who, elsewhere than at his address, solicits the signing of a contract of sale from a specified consumer or makes a similar contract with a consumer;

(s)  “sale” : a sale pure and simple, a conditional sale, an instalment sale, an exchange, a lease and any other contract under which, for a price or for any other consideration, one party delivers or binds himself to deliver goods or furnishes or binds himself to furnish services to another person, and any contract whereby one person grants to another the enjoyment of a thing during a certain time, for a rental or price which the latter binds himself to pay to him;

(t)  “down payment” :

(1)  the amount of money,

(2)  the value of a negotiable instrument payable on demand, or

(3)  the agreed value of goods given on account at the time of the contract.

In this act the word “merchant” includes any person doing business or extending credit in the course of his business.

1971, c. 74, s. 1; 1975, c. 76, s. 11; 1977, c. 5, s. 14.

DIVISION II MAKING CONTRACTS

2. No offer, promise or agreement prior to any contract shall bind the consumer unless it is confirmed in a contract entered into in accordance with this act.

1971, c. 74, s. 2.

3. Every contract must be recorded in a writing drawn up at least in duplicate.

1971, c. 74, s. 3.

4. The contract must be legibly drawn up in French, but the consumer may require that it also be drawn up in English. In the case of a contradiction between the two texts, the interpretation most favourable to the consumer shall prevail. This section does not apply to notarial deeds.

1971, c. 74, s. 4; 1977, c. 5, s. 221.

5. The merchant must sign the writing duly filled out and give it to the consumer, and grant him a sufficient delay to enable him to become aware of its terms and scope before signing it.

1971, c. 74, s. 5.

6. The signature of an employee, agent or representative of the merchant on a contract shall bind such merchant.

1971, c. 74, s. 6.

7. The contract shall be entered into when all the parties have signed it, but shall be executory only when each party possesses a duplicate of such writing.

1971, c. 74, s. 7.

8. Every clause of a contract making it subject in whole or in part to an act other than an act of the Parliament of Canada or of the Legislature of Québec shall be void.

1971, c. 74, s. 8.

DIVISION III CONTRACTS INVOLVING CREDIT

1.  — General provisions

9. This division shall cover every contract involving credit, and in particular:

(a)  loans of money;

(b)  contracts extending variable credit;

(c)  contracts involving accessory credit;

(d)  instalment sales.

1971, c. 74, s. 9.

10. This division shall not cover a contract in which the amount for which credit is extended does not exceed fifty dollars.

Nor shall it cover a contract in which credit extended to a consumer for the purchase, construction or improvement of an immoveable property is secured by privilege or hypothec ranking first.

1971, c. 74, s. 10.

11. The contract must state one credit rate.

A merchant shall not require, on any arrears, an additional credit charge calculated according to a higher rate.

1971, c. 74, s. 11.

12. The contract must provide for at least one deferred payment during each period.

1971, c. 74, s. 12.

13. Except for a contract extending variable credit, deferred payments must be equal except the final payment which may be less.

1971, c. 74, s. 13.

14. The consumer shall be entitled to pay the balance of the amount of his total obligation at any time before maturity.

He shall then be entitled to a reduction in the credit charge established in accordance with the regulations.

1971, c. 74, s. 14.

15. Whenever requested to do so, a merchant must furnish any consumer to whom he has extended credit with a statement of account indicating the amount required for payment of the balance of his obligation before maturity, and the manner in which such amount was calculated.

1971, c. 74, s. 15.

16. A consumer who makes his final payment shall be entitled to obtain a discharge and to have returned any object or document given as acknowledgment of or security for his obligation.

1971, c. 74, s. 16.

17. If the merchant’s principal obligation is performed more than seven days after the contract is entered into, the credit charge and the beginning of the period shall be reckoned only from the date of such performance.

In the case of a contract carried out over a period of time, the merchant shall be deemed to carry out his contract, for the purposes of this section, when he begins to discharge his obligation in accordance with the contract.

1971, c. 74, s. 17.

18. A negotiable instrument signed at the time of a contract to acknowledge deferred payments forms part of the whole contract and neither it nor the contract shall be assigned separately by the merchant or any subsequent assignee.

1971, c. 74, s. 18.

19. The assignee of a debt of a merchant who is a party to a contract shall not have more rights than the merchant and shall be responsible for the performance of the merchant’s obligations up to the amount of such debt at the time it is assigned to him or, if he has in turn assigned it, up to the amount of the payments he has received.

1971, c. 74, s. 19.

20. Subject to section 27, if the parties to a contract contemplated in this division wish to amend, strike out or add to any provisions of the contract, and if the credit charge is increased thereby, they must make a new contract in accordance with the rules laid down by this act.

1971, c. 74, s. 20.

2.  — Loans of money

21. A merchant who makes a loan of money must furnish the consumer with a writing indicating:

(a)  the date and place of the contract if it is entered into in the presence of the merchant and of the consumer;

(b)  the name and address of the merchant;

(c)  the name and address of the consumer;

(d)  the amount actually received by the consumer;

(e)  the cost of insurance of the loan;

(f)  the duties payable;

(g)  any amount payable in addition to those mentioned in paragraphs e and f;

(h)  the credit charge, namely the aggregate of the amounts mentioned in paragraphs e, f and g;

(i)  the credit rate calculated in accordance with the regulations;

(j)  the consumer’s total obligation, namely the aggregate of the amounts mentioned in paragraphs d and h;

(k)  the description of every object or document given to the merchant as acknowledgment of or security for the consumer’s obligation;

(l)  the terms and conditions of payment;

(m)  whether or not the merchant performs his principal obligation when the contract is entered into;

(n)  anything else required by regulation.

1971, c. 74, s. 21.

3.  — Contracts extending variable credit

22. Variable credit is credit extended in advance by a merchant to a consumer who may avail himself of it, in whole or in part, from time to time, in accordance with the terms and conditions of the contract.

Without restricting the generality of the foregoing, variable credit includes what are commonly called credit cards, credit accounts, budget accounts, revolving credit accounts, marginal credit, credit opening and any arrangement of a similar nature.

1971, c. 74, s. 22.

23. No person shall issue a credit card to a consumer who has not applied for it in writing.

Such prohibition shall not apply, however, to renewal or replacement, upon the same conditions, of a credit card which the consumer has applied for or used.

1971, c. 74, s. 23.

24. A merchant who extends variable credit must furnish the consumer with a master agreement setting out:

(a)  the date and place of the contract if it is made in the presence of the merchant and of the consumer;

(b)  the name and address of the merchant;

(c)  the name and address of the consumer;

(d)  the amount up to which variable credit is extended or the fact that there is no restriction on such amount, as the case may be;

(e)  the duration of each period for which a statement of account is furnished;

(f)  the minimum credit charge for each period or the minimum annual charge;

(g)  the credit rate exigible on the unpaid balance at the expiry of each period;

(h)  a table of examples of the credit charge on the unpaid balance at the end of each period;

(i)  anything else required by regulation.

1971, c. 74, s. 24.

25. The table of examples required by paragraph h of section 24 may be contained in a separate document, a copy of which must be given to the consumer when he signs the writing.

1971, c. 74, s. 25.

26. At the end of each period the merchant must furnish the consumer with a statement of account indicating:

(a)  the date of the end of the period;

(b)  the balance of the account at the end of the preceding period;

(c)  the date and amount of each further advance debited to the consumer’s account during the period;

(d)  the date and amount of each payment made by the consumer during the period;

(e)  the credit charge required during the period;

(f)  the balance of the account at the end of the period;

(g)  the minimum payment required for such period;

(h)  anything else required by regulation.

The particulars provided for in sub-paragraph c shall not be required if the merchant attaches to the statement of account a copy of the vouchers for the advances contemplated in that sub-paragraph.

1971, c. 74, s. 26.

27. If a merchant wishes to change the terms and conditions of variable credit extended to a consumer to make them more onerous he must furnish the consumer with a new master agreement in accordance with section 24 and notify him at the same time of the date of the coming into force of such changes. Such changes shall apply only to the credit which was extended to the consumer after receipt of such notice.

1971, c. 74, s. 27.

4.  — Contracts involving accessory credit

28. A merchant who extends accessory credit in a contract must furnish the consumer with a writing setting out:

(a)  the date and place of the contract if it is entered into in the presence of the merchant and of the consumer;

(b)  the name and address of the merchant;

(c)  the name and address of the consumer;

(d)  the description of the object of the contract, including, as the case may be, the serial number, the year of the model or any other distinguishing mark;

(e)  the cash price of each item;

(f)  the costs of installation or delivery, or other incidental costs;

(g)  the duties payable for a cash contract;

(h)  the aggregate of the amounts mentioned in sub-paragraphs e, f and g;

(i)  the down payment;

(j)  the amount for which credit is actually extended, namely the amount mentioned in sub-paragraph h less that mentioned in sub-paragraph i;

(k)  the cost of credit insurance;

(l)  the supplementary duties payable and necessitated by the credit;

(m)  any amount payable in addition to those mentioned in sub-paragraphs h, k and l;

(n)  the credit charge, namely the aggregate of the amounts mentioned in sub-paragraphs k, l and m;

(o)  the credit rate;

(p)  the aggregate amount of the deferred payments, namely the aggregate of the amounts mentioned in sub-paragraphs j and n;

(q)  the description of every object or document given to the merchant as acknowledgment of or security for the obligation of the consumer;

(r)  the extent of the warranty unless a separate document to that effect is given when the goods are delivered or the services are performed;

(s)  the terms and conditions of payment;

(t)  whether or not the merchant performs his principal obligation when the contract is entered into;

(u)  anything else required by regulation.

The particulars provided for in sub-paragraph r shall not be required if the merchant holds to the legal warranty of the vendor established in the Civil Code.

1971, c. 74, s. 28.

5.  — Instalment sales

29. An instalment sale is a contract involving credit whereby the transfer of ownership of the goods sold by a merchant to a consumer is deferred until the latter’s performance of all or part of his obligation.

1971, c. 74, s. 29.

30. The merchant who makes an instalment sale must furnish the consumer with a writing setting out in addition to the particulars required by section 28:

(a)  the fact that the transfer of ownership of the goods sold does not take place when the contract is entered into;

(b)  the time, terms and conditions of the transfer.

1971, c. 74, s. 30.

31. The contract must relate only to goods sold on the same day.

1971, c. 74, s. 31.

32. Instalment sales shall not involve variable credit.

1971, c. 74, s. 32.

33. The balance of the sale price shall become exigible when the goods are sold by judicial authority or when the consumer conveys them to a third party without the merchant’s consent.

1971, c. 74, s. 33.

34. If the consumer is in default to perform his obligation in accordance with the terms and conditions of the contract, the merchant may at his option:

(a)  exact immediate payment of the instalments due;

(b)  exact, in the manner provided for in sections 68 and following, immediate payment of the balance of the debt if the contract contains a clause of forfeiture of the term; or

(c)  retake possession of the goods sold, in the manner contemplated in sections 35 and following.

1971, c. 74, s. 34.

35. Before exercising his right of repossession, the merchant must give notice to the consumer in accordance with the terms and conditions provided for in section 36.

The right of repossession shall be exercised only at the expiry of a thirty day delay after receipt of the notice by the consumer.

1971, c. 74, s. 35.

36. The notice must indicate:

(a)  the date of the notice;

(b)  the names and addresses of the parties;

(c)  the contract for which the notice is given;

(d)  the default of the consumer;

(e)  the merchant’s decision to retake possession of the goods in accordance with paragraph c of section 34;

(f)  the consumer’s right to remedy the default or to remit the goods to the merchant within thirty days of receipt of the notice;

(g)  the merchant’s right to retake possession of the goods or to cause them to be seized upon the default of the consumer to comply with paragraph f;

(h)  the fact that the merchant will become unconditional owner at the expiry of the thirty day delay, if the consumer has not remedied the default within such delay;

(i)  the consumer’s obligation to assume the costs resulting from the exercise of the right of repossession or of seizure, in the cases provided for in paragraph g, to the extent permitted in section 72.

1971, c. 74, s. 36.

37. In the case of voluntary return or forced repossession of the goods following the notice provided for in section 36, the contractual obligation of the consumer shall be extinguished and the merchant shall not be bound to return the amount of the instalments he has already received.

1971, c. 74, s. 37.

38. If upon the default of the consumer, he has paid at least two-thirds of the aggregate of the amounts mentioned in sub-paragraphs h and n of section 28, the merchant shall not exercise his right of repossession unless he obtains the permission of the court.

Such permission shall be applied for by a motion which must be heard and decided by preference.

1971, c. 74, s. 38.

39. The court shall dispose of such motion after taking into account the following facts:

(a)  the value of the goods at the time of the default;

(b)  the amount already paid by the consumer;

(c)  the balance due to the merchant;

(d)  the solvency of the consumer;

(e)  the reason for the default of the consumer.

1971, c. 74, s. 39.

40. If the court dismisses the motion, it shall allow the consumer to retain the goods and it may change the terms and conditions of payment of the balance according to such conditions as it deems reasonable.

1971, c. 74, s. 40.

41. A consumer who retains the goods in accordance with section 40 shall assume for the future the risk of loss or deterioration, even by fortuitous event.

1971, c. 74, s. 41.

42. The following shall be deemed not written:

(a)  every provision intended to prevent a consumer from moving the goods within Québec without the permission of the merchant;

(b)  every provision to enable the merchant to retake possession of the goods without the express consent of the consumer or the court.

1971, c. 74, s. 42.

DIVISION IV INFORMATION AGENTS

43. For the purposes of this division, any person carrying on the business of preparing and distributing to others credit reports respecting the character, reputation or solvency of a person is an information agent.

1971, c. 74, s. 43.

44. All information gathered and credit reports prepared by an information agent respecting a person shall be the credit record of such person.

1971, c. 74, s. 44.

45. Any person may examine his credit record during business hours and make his comments in writing, which shall be recorded in such record.

He may also, upon payment of the fees determined by regulation, obtain a copy of his record.

1971, c. 74, s. 45.

46. However, an information agent is not bound to disclose the source of his information, if it does not appear in the credit record.

1971, c. 74, s. 46.

DIVISION V ITINERANT VENDORS

47. This division shall cover every contract made between a consumer and an itinerant vendor.

1971, c. 74, s. 47.

48. However, this division shall not cover a contract in which the value of the consumer’s total obligation does not exceed twenty-five dollars.

1971, c. 74, s. 48.

49. Solicitation by an employee, agent or representative of an itinerant vendor is deemed made by such vendor.

1971, c. 74, s. 49.

50. When an itinerant vendor makes a contract contemplated in this division which does not involve credit he must furnish the consumer with a writing indicating:

(a)  the date and place of the contract if it is made in the presence of the itinerant vendor and of the consumer;

(b)  the name and address of the itinerant vendor;

(c)  the name and address of the consumer;

(d)  the itinerant vendor’s permit number;

(e)  the description of the object of the contract, including, as the case may be, the serial number, the year of the model or any other distinguishing mark;

(f)  the cash price of each item;

(g)  the costs of installation or delivery, or other incidental costs;

(h)  the duties payable;

(i)  the aggregate of the amounts mentioned in sub-paragraphs f, g and h;

(j)  the mode of payment, whether in currency, negotiable instrument or giving in payment;

(k)  the extent of the itinerant vendor’s warranty, unless a separate document to that effect is given when the goods are delivered or the services are performed;

(l)  the consumer’s right to dissolve the contract at his discretion within the delay indicated;

(m)  whether or not the itinerant vendor performs his principal obligation when the contract is entered into;

(n)  anything else required by regulation.

The particulars provided for in sub-paragraph k are not required if the itinerant vendor holds to the legal warranty of the vendor established in the Civil Code.

1971, c. 74, s. 50.

51. If the contract involves credit, the writing shall be subject to Division III of this act.

It must also indicate the consumer’s right of dissolution and the itinerant vendor’s permit number.

1971, c. 74, s. 51.

52. The contract made between an itinerant vendor and a consumer is deemed to include a resolutory condition whereby the consumer may dissolve the contract at his sole discretion in the manner provided for in the following sections.

1971, c. 74, s. 52.

53. The consumer may dissolve the contract not later than the fifth day after it has become executory.

1971, c. 74, s. 53.

54. A consumer shall avail himself of his right of dissolution:

(a)  either by returning the goods to the itinerant vendor’s address, or

(b)  by a notice in writing for that purpose.

1971, c. 74, s. 54.

55. The contract shall be dissolved pleno jure from the return of the goods or the receipt of the notice.

1971, c. 74, s. 55.

56. Within seven days following the dissolution, the parties must restore what they have received from one another.

1971, c. 74, s. 56.

57. The itinerant vendor shall assume all the costs of restitution.

1971, c. 74, s. 57.

58. The itinerant vendor shall assume the risk of loss or deterioration even by fortuitous event:

(a)  of goods to be delivered, until the expiry of the delay provided for in section 56;

(b)  of goods received in payment, until the restitution thereof.

1971, c. 74, s. 58.

59. A consumer shall not dissolve the contract if the object which he has received from the itinerant vendor cannot be restored to the latter as a result of any act or fault for which the consumer is liable.

1971, c. 74, s. 59.

DIVISION VI WARRANTY AND ADVERTISING

60. Any goods furnished by a merchant must comply with the description of them given in the contracts and in catalogues, circulars or other means of advertising.

1971, c. 74, s. 60.

61. If the consumer requires goods for a specific purpose, the merchant must so indicate in the contract at the request of the consumer. In such a case, the contract shall be deemed to contain a clause warranting that such goods may be normally used for the purpose indicated.

1971, c. 74, s. 61.

62. Every warranty in a merchant’s advertising respecting goods shall be deemed to form part of the contract of sale respecting such goods.

1971, c. 74, s. 62.

63. Every partial exclusion of warranty shall be deemed not written in a contract when the matters covered and those excluded by such warranty are not clearly indicated in separate and successive clauses.

1971, c. 74, s. 63.

64. If the warranty is incumbent upon a person other than a merchant, the contract or other document containing the warranty must mention:

(a)  the name and address of such other person;

(b)  the address where the warranty may be exercised.

1971, c. 74, s. 64.

65. The warranty must be drafted in the language of the contract.

1971, c. 74, s. 65.

66. A merchant shall not advertise the charge for credit he extends unless such advertisement indicates the total charge and the credit rate, calculated and set out in accordance with the regulations.

1971, c. 74, s. 66.

DIVISION VII EXECUTION OF THE CONTRACT

67. Every provision in a contract which has the effect of requiring a consumer in default to pay all or part of the balance of his debt before the expiry of the term shall be a clause of forfeiture of the term.

1971, c. 74, s. 67.

68. A merchant who avails himself of such a provision must so notify the consumer in accordance with the terms and conditions provided in section 69.

The forfeiture shall only take effect after a delay of thirty days following receipt of the notice by the consumer.

1971, c. 74, s. 68.

69. The notice must indicate:

(a)  the date of the notice;

(b)  the names and addresses of the parties;

(c)  the contract for which the notice is given;

(d)  the default of the consumer;

(e)  the merchant’s decision to avail himself of the forfeiture of the term;

(f)  the consumer’s right to remedy the default within thirty days of receipt of the notice;

(g)  the merchant’s right to avail himself of the forfeiture of the term if the consumer fails to comply with the provisions of paragraph f.

1971, c. 74, s. 69.

70. If the consumer does not remedy the default within the delay provided for in section 68, the balance of his debt shall become exigible unless upon a motion by the consumer the court changes the terms and conditions of payment according to such conditions as it deems reasonable.

Such motion must be served and filed at the office of the court within the delay provided in section 68.

It must be heard and decided by preference according to the criteria of section 39.

1971, c. 74, s. 70.

71. Every resolutory clause or every agreement to the same effect in favour of the merchant shall be subject, mutatis mutandis, to sections 68 to 70.

1971, c. 74, s. 71.

72. Every provision shall be deemed not written which requires the consumer, upon non-performance of his obligation, to pay costs other than judicial costs, except to the extent permitted by the regulations.

1971, c. 74, s. 72.

73. Every provision shall be deemed not written which has the effect of compelling a consumer in default, who must pay the balance of all or part of his debt before the expiry of the term, to pay more than the aggregate of the following amounts:

(a)  the amount which the merchant would have received had the consumer performed his obligation before maturity, in accordance with section 14;

(b)  an additional amount calculated in accordance with section 11.

1971, c. 74, s. 73.

74. Every provision shall be deemed not written whereby the merchant reserves the right to determine unilaterally:

(a)  the conditions of non-performance of an obligation by the consumer;

(b)  any fact or circumstance contemplated in the contract.

1971, c. 74, s. 74.

75. No person shall, directly or indirectly, in a contract made with a consumer, make the grant of a rebate, a payment or other benefit subject to the making of a contract by such person with a third person, whether or not the latter contract is governed by this act.

Every contract commonly called a sale by reference, a multiple level sale, a pyramid sale, a chain sale and any other similar mode of sale shall be void.

1971, c. 74, s. 75.

DIVISION VIII OFFICE DE LA PROTECTION DU CONSOMMATEUR

76. An Office de la protection du consommateur is established in the Ministère des consommateurs, coopératives et institutions financières.

1971, c. 74, s. 76; 1975, c. 76, s. 11; 1977, c. 5, s. 14.

77. Such Bureau shall consist of a director, assistant directors, inspectors and such other officers as are deemed necessary.

The director, assistant directors, inspectors and other officers contemplated by this section shall be appointed and remunerated in accordance with the Civil Service Act (chapter F-3.1).

1971, c. 74, s. 77; 1978, c. 15, s. 140.

78. The powers of the director may be exercised by an assistant director to such extent as the Minister determines.

1971, c. 74, s. 78.

79. The duties of the Bureau shall be:

(a)  to supervise the application of this act and the regulations and to receive complaints from consumers respecting infringements of this act and the regulations;

(b)  to protect, educate and inform consumers on matters of consumer protection;

(c)  to carry out studies and make recommendations to the Gouvernement respecting consumer protection;

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

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

(f)  to cooperate with the departments and services of the federal government and of the governments of the other provinces entrusted with consumer protection.

1971, c. 74, s. 79; 1977, c. 5, s. 14.

80. If a merchant contravenes this act or a regulation, the director may order him to comply therewith and the merchant must obey such order.

1971, c. 74, s. 80.

81. The director or any inspector may, in the performance of his duties, enter the establishment of a merchant at any reasonable hour and inspect the same. Such an inspection may include the examination of the goods sold by the merchant and the taking of specimens for the purposes of expert appraisal.

The director or any inspector may require from a merchant any information relating to the application of this act and the regulations, and the production of any document connected therewith.

1971, c. 74, s. 81.

82. It is prohibited to hinder the director or an inspector in any way in the performance of the duties conferred on him by this act, to mislead him by concealment or misrepresentation or to refuse to give him any information or document which he is entitled to obtain under this act.

The director or any inspector must, if so required, produce a certificate signed by the Minister attesting his authority.

1971, c. 74, s. 82.

83. The director, every assistant director and every inspector shall have the powers and immunities of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), to inquire into any fact respecting the exercise of their duties.

1971, c. 74, s. 83.

84. (Repealed).

1971, c. 74, s. 84; 1977, c. 5, s. 14; 1978, c. 9, s. 353.

85. (Repealed).

1971, c. 74, s. 85; 1978, c. 9, s. 353.

86. (Repealed).

1971, c. 74, s. 86; 1978, c. 9, s. 353.

87. (Repealed).

1971, c. 74, s. 87; 1978, c. 9, s. 353.

88. (Repealed).

1971, c. 74, s. 88; 1978, c. 15, s. 140; 1978, c. 9, s. 353.

DIVISION X PERMITS

89. Every itinerant vendor and every vendor of used automobiles must hold a permit.

1971, c. 74, s. 89.

90. Every person who applies for a permit must send his application to the director in the form prescribed by regulation, with the documents contemplated by regulation.

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

The director shall issue the permit if the applicant fulfils the conditions and pays the duties prescribed by regulation.

1971, c. 74, s. 90.

91. Every permit shall expire one year after the date of its issue; it may be renewed under the conditions prescribed by regulation.

1971, c. 74, s. 91.

92. The director may suspend or cancel the permit of any person who no longer has the qualifications required by regulation or who no longer fulfils the conditions required by regulation. He may also suspend or cancel the permit of any person who refuses or fails to comply with the requirements of this act or the regulations after having been required to do so in writing by the director or an inspector.

1971, c. 74, s. 92.

93. The director must give such person an opportunity to be heard before refusing to issue a permit to him or before suspending or cancelling the permit which he has issued to him. He must also give notice in writing of his decision and the reasons for it to any person to whom he refuses to issue a permit or whose permit he suspends or cancels.

1971, c. 74, s. 93.

94. Every holder of a permit must have an address in Québec.

1971, c. 74, s. 94.

95. Every holder of a permit must under penalty of cancellation of his permit notify the director within a delay of fifteen days of any change in his or its:

(a)  address;

(b)  name or firm name;

(c)  directors or officers, in the case of a corporation;

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

1971, c. 74, s. 95.

96. No permit holder shall claim that his competency, capacity, solvency, conduct or operations are recognized or approved by the fact that he holds a permit.

1971, c. 74, s. 96.

DIVISION XI APPEALS

97. Every person whose application for a permit is refused or whose permit is suspended or cancelled may appeal from the decision of the director before the Provincial Court.

An appeal shall also lie to the Provincial Court from any order made under section 80.

1971, c. 74, s. 97.

98. An appeal shall be brought by a motion served upon the director. Such motion must be filed in the office of the Provincial Court at the chief place of the judicial district in which the applicant is domiciled, within five days after he receives the order contemplated in section 80 or within thirty days after the notice contemplated in section 93 is mailed.

Upon receipt of the notice of appeal, the director shall send the record relating to the decision appealed from to the clerk of the Provincial Court.

1971, c. 74, s. 98.

99. The appeal shall not suspend the execution of the order made under section 80 or the decision of the director when the effect of such decision is to suspend or cancel the appellant’s permit, unless the Court orders otherwise.

1971, c. 74, s. 99.

100. The Court must allow the parties to be heard before rendering any decision on an appeal, and for such purpose give them, in the manner it deems proper, five clear days’ notice of the date and hour when and place where they may be heard.

If a party so convened fails to appear or refuses to be heard at the sitting held for such purpose, or at any adjournment of such sitting, the Court may nevertheless proceed with the hearing of the matter and no judicial recourse shall be based on the fact that it so proceeded in the absence of such party.

1971, c. 74, s. 100.

101. The Court may confirm, alter or quash any decision submitted to it and render the decision which, in its opinion, should have been rendered in the first instance.

1971, c. 74, s. 101.

DIVISION XII REGULATIONS

102. The Gouvernement may make regulations:

(a)  to determine the form and tenor of permits and of applications for permits;

(b)  to determine the qualifications required of any person applying for a permit or a renewal of a permit, the conditions which he must fulfil, the information which he must give and the duties which he must pay;

(c)  to prescribe the form of writings and type in contracts and in every other writing contemplated in this act or the regulations;

(d)  to require certain particulars to be included in contracts and in every other writing contemplated in this act or the regulations;

(e)  to establish standards for the keeping of merchants’ registers, accounts and records;

(f)  to make rules for the terms and conditions of payment and the manner of calculating and stating the credit rate and credit charges in contracts involving credit;

(g)  to determine the manner of calculating and stating the reduction in the credit charges which a consumer who pays before maturity must enjoy;

(h)  to prescribe the information which a used automobile vendor must disclose respecting a used automobile which he offers for sale;

(i)  to prohibit the making of such changes as it indicates to used automobiles or parts thereof, and to compel the disclosure of the permissible changes which it indicates;

(j)  to determine standards for packing, labelling or presenting any goods;

(k)  to make rules for the disclosure of the price of goods;

(l)  to determine standards of quality and safety for goods;

(m)  to determine standards for written instructions and manuals respecting use and maintenance of goods, and the language in which they must be drafted;

(n)  to regulate or prohibit the granting of premiums for any contract subject to this act;

(o)  to determine standards for advertising goods, whether or not they are the object of a contract, or credit, especially all advertising intended for children;

(p)  to exempt from the application of this act all or part of such class of persons, goods, or contracts as it indicates;

(q)  to determine the conditions for the renewal or extension of credit or for credit resulting from a consolidation of debts;

(r)  to determine cases in which security is required from a person applying for a permit, fix its amount and determine the form of security and the manner in which cases of cancellation or confiscation are disposed of;

(s)  to determine the amount payable by any person wishing a copy of his credit record from an information agent;

(t)  to determine what costs other than law costs may be imposed upon a consumer in the case of inexecution of his obligation.

Before the regulations contemplated in sub-paragraphs j, l and p are made, they must be submitted to the Conseil de la protection du consommateur.

The regulations made under this act shall come into force on the date of their publication in the Gazette officielle du Québec or on such later date as may be fixed therein.

1971, c. 74, s. 102; 1977, c. 5, s. 14.

DIVISION XIII PROOF AND PROCEDURE

103. The provisions of this act shall be of public order and no derogation shall be made therefrom by particular agreements.

1971, c. 74, s. 103.

104. Every consumer may make proof by testimony, even to contradict or vary the terms of a writing, when this act has not been complied with.

1971, c. 74, s. 104.

105. In computing any delay of not more than seven days, Saturdays, Sundays and holidays shall not be taken into account.

1971, c. 74, s. 105.

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

1971, c. 74, s. 106.

107. Every notice provided for in this act shall be delivered personally, mailed or telegraphed to the addressee.

1971, c. 74, s. 107.

108. Every notice shall be deemed to be received as soon as it is delivered or sent.

1971, c. 74, s. 108.

109. Every notice given by a merchant which does not comply with the requirements prescribed by this act or by regulation shall be without effect, unless expressly accepted by the consumer at the time when he receives such notice or after it is received.

1971, c. 74, s. 109.

DIVISION XIV OFFENCES AND PENALTIES

110. Every person other than a corporation who

(a)  infringes this act or any regulation;

(b)  gives false information to the director or to an inspector respecting the application of this act or the regulations;

(c)  disobeys any decision of the Minister or director, or

(d)  hinders the application of this act or of any regulation, is guilty of an offence and liable to a fine of not less than one hundred dollars nor more than two thousand dollars or to imprisonment for not more than one year.

1971, c. 74, s. 110.

111. Every corporation guilty of an offence contemplated in section 110 is liable to a fine of not less than five hundred dollars nor more than twenty-five thousand dollars.

1971, c. 74, s. 111.

112. When a corporation is guilty of an offence against this act or any regulation, every officer, director, employee or agent of such corporation who prescribed or authorized the commission of the offence or who assented thereto or acquiesced or participated therein shall be deemed a party to the offence and shall be liable to the penalty provided in section 110, whether or not the corporation has been prosecuted or convicted.

1971, c. 74, s. 112.

113. An error or omission made in good faith shall not be an offence within the meaning of this act.

1971, c. 74, s. 113.

114. Proceedings under this act shall be instituted by the Attorney-General or any person generally or specially authorized by him in writing for such purpose in accordance with the Summary Convictions Act (chapter P-15).

Part II of such act shall apply to such proceedings.

1971, c. 74, s. 114.

115. Any complaint made under this act may relate to several offences.

1971, c. 74, s. 115.

116. If a person commits repeated offences against this act or the regulations the Attorney-General, after instituting penal proceedings against him, may apply to the Superior Court for a writ of interlocutory injunction enjoining such person, his officers, 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.

The Attorney-General shall be exempt from the obligation to give security in order to obtain a writ of injunction under this section. In all other respects the provisions of the Code of Civil Procedure respecting writs of injunction shall apply.

1971, c. 74, s. 116.

DIVISION XV CIVIL PENALTIES

117. If a contract does not comply with the requirements prescribed by this act or the regulations, any consumer may demand its nullity.

In the case of a contract involving credit, the consumer may demand, at his option, that the credit charge be cancelled and that any portion of the credit charge already paid be restored.

Furthermore, every contract contemplated in section 29 which does not comply with the requirements prescribed by Division III of this act shall be a sale with a term which transfers to the buyer the ownership of the thing sold.

1971, c. 74, s. 117.

118. Every consumer whose inexperience has been exploited by a merchant may demand the nullity of the contract or a reduction in his obligations if they are greatly disproportionate to those of the merchant.

1971, c. 74, s. 118.

119. The action based on sections 117 and 118 is prescribed by one year reckoning from the making of the contract.

1971, c. 74, s. 119.

DIVISION XVI FINAL PROVISIONS

120. Notwithstanding section 4 of the Act respecting cooperative agricultural associations (chapter S-24), section 80 of the Cooperative Associations Act, (chapter A-24), section 77 of the Savings and Credit Unions Act (chapter C-4) and section 6 of the Cooperative Syndicates Act (chapter S-38), the cooperative agricultural associations, cooperative associations, savings and credit unions and cooperative syndicates are subject to this act.

1971, c. 74, s. 124.

121. The Minister of Consumer Affairs, Cooperatives and Financial Institutions shall have charge of the carrying out of this act.

1971, c. 74, s. 125; 1975, c. 76, s. 11.

This act will be replaced, except sections 84 to 88 which will then be repealed, upon the coming into force of section 353 of chapter P-40.1 of the Revised Statutes of Québec on a date to be fixed by proclamation of the Gouvernement.

It must also be noted that certain provisions of chapter P-40.1 of the Revised Statutes of Québec came into force on 4 April 1979 by proclamation of the Gouvernement.