P-40.1 - Consumer Protection Act

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1. In this Act, unless the context indicates otherwise,
(a)  address
i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;
ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;
iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;
(b)  automobile means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;
(c)  used automobile or used motorcycle means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;
(d)  goods means any movable property and, to the extent required for the application of section 6.1, any immovable property;
(e)  consumer means a natural person, except a merchant who obtains goods or services for the purposes of his business;
(e.1)  contract of additional warranty means a contract under which a merchant binds himself toward a consumer to assume directly or indirectly all or part of the costs of repairing or replacing goods or a part thereof in the event that they are defective or malfunction, otherwise than under a basic conventional warranty given gratuitously to every consumer who purchases the goods or has them repaired;
(f)  credit means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;
(g)  manufacturer means a person in the business of assembling, producing or processing goods, and, in particular,
i.  a person who represents himself to the public as the manufacturer of goods;
ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;
(h)  advertisement means a message designed to promote goods, services or an organization in Québec;
(i)  Minister means the Minister of Justice;
(j)  Office means the Office de la protection du consommateur established under section 291;
(k)  permit means a permit required by this Act;
(l)  president means the president of the Office;
(m)  advertiser means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;
(n)  regulation means a regulation made by the Government under this Act;
(o)  representative means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;
(o.1)  road vehicle means a road vehicle within the meaning of the Highway Safety Code (chapter C-24.2);
(p)  (subparagraph repealed).
In this Act, the word merchant includes any person doing business or extending credit in the course of his business.
1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269; 1988, c. 45, s. 1; 1994, c. 12, s. 69; 1996, c. 21, s. 64; 2005, c. 24, s. 48; 2009, c. 51, s. 1; 2015, c. 4, s. 1.
1. In this Act, unless the context indicates otherwise,
(a)  address
i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;
ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;
iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;
(b)  automobile means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;
(c)  used automobile or used motorcycle means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;
(d)  goods means any movable property and, to the extent required for the application of section 6.1, any immovable property;
(e)  consumer means a natural person, except a merchant who obtains goods or services for the purposes of his business;
(e.1)  contract of additional warranty means a contract under which a merchant binds himself toward a consumer to assume directly or indirectly all or part of the costs of repairing or replacing goods or a part thereof in the event that they are defective or malfunction, otherwise than under a basic conventional warranty given gratuitously to every consumer who purchases the goods or has them repaired;
(f)  credit means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;
(g)  manufacturer means a person in the business of assembling, producing or processing goods, and, in particular,
i.  a person who represents himself to the public as the manufacturer of goods;
ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;
(h)  advertisement means a message designed to promote goods, services or an organization in Québec;
(i)  Minister means the Minister of Justice;
(j)  Office means the Office de la protection du consommateur established under section 291;
(k)  permit means a permit required by this Act;
(l)  president means the president of the Office;
(m)  advertiser means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;
(n)  regulation means a regulation made by the Government under this Act;
(o)  representative means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;
(p)  (subparagraph repealed).
In this Act, the word merchant includes any person doing business or extending credit in the course of his business.
1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269; 1988, c. 45, s. 1; 1994, c. 12, s. 69; 1996, c. 21, s. 64; 2005, c. 24, s. 48; 2009, c. 51, s. 1.
1. In this Act, unless the context indicates otherwise,
(a)  address
i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;
ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;
iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;
(b)  automobile means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;
(c)  used automobile or used motorcycle means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;
(d)  goods means any movable property and, to the extent required for the application of section 6.1, any immovable property;
(e)  consumer means a natural person, except a merchant who obtains goods or services for the purposes of his business;
(f)  credit means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;
(g)  manufacturer means a person in the business of assembling, producing or processing goods, and, in particular,
i.  a person who represents himself to the public as the manufacturer of goods;
ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;
(h)  advertisement means a message designed to promote goods, services or an organization in Québec;
(i)  Minister means the Minister of Justice;
(j)  Office means the Office de la protection du consommateur established under section 291;
(k)  permit means a permit required by this Act;
(l)  president means the president of the Office;
(m)  advertiser means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;
(n)  regulation means a regulation made by the Government under this Act;
(o)  representative means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;
(p)  (subparagraph repealed).
In this Act, the word merchant includes any person doing business or extending credit in the course of his business.
1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269; 1988, c. 45, s. 1; 1994, c. 12, s. 69; 1996, c. 21, s. 64; 2005, c. 24, s. 48.
1. In this Act, unless the context indicates otherwise,
(a)  address
i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;
ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;
iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;
(b)  automobile means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;
(c)  used automobile or used motorcycle means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;
(d)  goods means any movable property and, to the extent required for the application of section 6.1, any immovable property;
(e)  consumer means a natural person, except a merchant who obtains goods or services for the purposes of his business;
(f)  credit means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;
(g)  manufacturer means a person in the business of assembling, producing or processing goods, and, in particular,
i.  a person who represents himself to the public as the manufacturer of goods;
ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;
(h)  advertisement means a message designed to promote goods, services or an organization in Québec;
(i)  Minister means the Minister of Relations with the Citizens and Immigration;
(j)  Office means the Office de la protection du consommateur established under section 291;
(k)  permit means a permit required by this Act;
(l)  president means the president of the Office;
(m)  advertiser means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;
(n)  regulation means a regulation made by the Government under this Act;
(o)  representative means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;
(p)  (subparagraph repealed).
In this Act, the word merchant includes any person doing business or extending credit in the course of his business.
1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269; 1988, c. 45, s. 1; 1994, c. 12, s. 69; 1996, c. 21, s. 64.
The Minister of Justice exercises the functions of the Minister of Relations with the Citizens and Immigration provided for in this Act. Order in Council 121-2005 dated 18 February 2005, (2005) 137 G.O. 2 (French), 874.
1. In this Act, unless the context indicates otherwise,
(a)  address
i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;
ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;
iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;
(b)  automobile means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;
(c)  used automobile or used motorcycle means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;
(d)  goods means any movable property and, to the extent required for the application of section 6.1, any immovable property;
(e)  consumer means a natural person, except a merchant who obtains goods or services for the purposes of his business;
(f)  credit means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;
(g)  manufacturer means a person in the business of assembling, producing or processing goods, and, in particular,
i.  a person who represents himself to the public as the manufacturer of goods;
ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;
(h)  advertisement means a message designed to promote goods, services or an organization in Québec;
(i)  Minister means the Minister of Justice;
(j)  Office means the Office de la protection du consommateur established under section 291;
(k)  permit means a permit required by this Act;
(l)  president means the president of the Office;
(m)  advertiser means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;
(n)  regulation means a regulation made by the Government under this Act;
(o)  representative means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;
(p)  (subparagraph repealed).
In this Act, the word merchant includes any person doing business or extending credit in the course of his business.
1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269; 1988, c. 45, s. 1; 1994, c. 12, s. 69.
1. In this Act, unless the context indicates otherwise,
(a)  address
i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;
ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;
iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;
(b)  automobile means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;
(c)  used automobile or used motorcycle means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;
(d)  goods means any movable property and, to the extent required for the application of section 6.1, any immovable property;
(e)  consumer means a natural person, except a merchant who obtains goods or services for the purposes of his business;
(f)  credit means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;
(g)  manufacturer means a person in the business of assembling, producing or processing goods, and, in particular,
i.  a person who represents himself to the public as the manufacturer of goods;
ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;
(h)  advertisement means a message designed to promote goods, services or an organization in Québec;
(i)  Minister means the Minister of Housing and Consumer Protection;
(j)  Office means the Office de la protection du consommateur established under section 291;
(k)  permit means a permit required by this Act;
(l)  president means the president of the Office;
(m)  advertiser means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;
(n)  regulation means a regulation made by the Government under this Act;
(o)  representative means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;
(p)  (subparagraph repealed).
In this Act, the word merchant includes any person doing business or extending credit in the course of his business.
1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269; 1988, c. 45, s. 1.
1. In this Act, unless the context indicates otherwise,
(a)  address
i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;
ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;
iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;
(b)  automobile means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;
(c)  used automobile or used motorcycle means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;
(d)  goods means any movable property and, to the extent required for the application of section 6.1, any immovable property;
(e)  consumer means a natural person, except a merchant who obtains goods or services for the purposes of his business;
(f)  credit means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;
(g)  manufacturer means a person in the business of assembling, producing or processing goods, and, in particular,
i.  a person who represents himself to the public as the manufacturer of goods;
ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;
(h)  advertisement means a message designed to promote goods, services or an organization in Québec;
(i)  Minister means the Minister of Housing and Consumer Protection;
(j)  Office means the Office de la protection du consommateur established under section 291;
(k)  permit means a permit required by this Act;
(l)  president means the president of the Office;
(m)  advertiser means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;
(n)  regulation means a regulation made by the Government under this Act;
(o)  representative means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;
(p)  vice-president means the vice-president of the Office.
In this Act, the word merchant includes any person doing business or extending credit in the course of his business.
1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269.
1. In this Act, unless the context indicates otherwise,
(a)  address
i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;
ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;
iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;
(b)  automobile means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;
(c)  used automobile or used motorcycle means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;
(d)  goods means any moveable property;
(e)  consumer means a natural person, except a merchant who obtains goods or services for the purposes of his business;
(f)  credit means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;
(g)  manufacturer means a person in the business of assembling, producing or processing goods, and, in particular,
i.  a person who represents himself to the public as the manufacturer of goods;
ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;
(h)  advertisement means a message designed to promote goods, services or an organization in Québec;
(i)  Minister means the Minister of Housing and Consumer Protection;
(j)  Office means the Office de la protection du consommateur established under section 291;
(k)  permit means a permit required by this Act;
(l)  president means the president of the Office;
(m)  advertiser means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;
(n)  regulation means a regulation made by the Government under this Act;
(o)  representative means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;
(p)  vice-president means the vice-president of the Office.
In this Act, the word merchant includes any person doing business or extending credit in the course of his business.
1978, c. 9, s. 1; 1981, c. 10, s. 19.
1. In this act, unless the context indicates otherwise,
In force: 1980-04-30
(a)  address
i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;
ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;
iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;
In force: 1980-04-30
(b)  automobile means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;
In force: 1980-04-30
(c)  used automobile or used motorcycle means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;
In force: 1980-04-30
(d)  goods means any moveable property;
In force: 1980-04-30
(e)  consumer means a natural person, except a merchant who obtains goods or services for the purposes of his business;
In force: 1980-04-30
(f)  credit means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;
In force: 1980-04-30
(g)  manufacturer means a person in the business of assembling, producing or processing goods, and, in particular,
i.  a person who represents himself to the public as the manufacturer of goods;
ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;
In force: 1980-04-30
(h)  advertisement means a message designed to promote goods, services or an organization in Québec;
(i)  Minister means the Minister of Consumer Affairs, Cooperatives and Financial Institutions;
(j)  Office means the Office de la protection du consommateur established under section 291;
In force: 1980-04-30
(k)  permit means a permit required by this act;
(l)  president means the president of the Office;
In force: 1980-04-30
(m)  advertiser means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;
In force: 1980-04-30
(n)  regulation means a regulation made by the Government under this act;
In force: 1980-04-30
(o)  representative means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;
(p)  vice-president means the vice-president of the Office.
In this act, the word merchant includes any person doing business or extending credit in the course of his business.
1978, c. 9, s. 1.