P-40.1 - Consumer Protection Act

Section 150.17.1 Disposition versions

Not in force

In force: 2024-04-05

150.17.1. The merchant must offer to the consumer, at least 90 days before the end of the lease, to carry out, free of charge, an inspection of the automobile that is the object of a long-term contract of lease or of any other long-term leased goods determined by regulation.

If the consumer consents to the inspection, it must be carried out not less than 30 days but not more than 60 days before the end of the lease at the consumer’s residence or at the establishment of the merchant, at the latter’s choice. Following the inspection, the merchant must immediately give the consumer a written report indicating, where applicable, the parts or components of the goods which, in the merchant’s opinion, show abnormal wear and the consumer’s right to repair these parts or components within 10 days following receipt of the report or to have them repaired by a third person within the same time.

When the goods are returned at the end of the lease, or in the event of a voluntary return or forced repossession of the goods, the merchant who considers that the wear of the goods is abnormal must give the consumer a written notice indicating which parts or components show abnormal wear and mentioning the consumer’s right to repair those parts or components within 10 days following receipt of the notice or to have them repaired by a third person within the same time.

No merchant may claim charges for the abnormal wear of a part or component of the goods in the following cases:

(a)  the merchant did not offer to the consumer to carry out an inspection, in accordance with the first paragraph;

(b)  the inspection report provided for in the second paragraph was not given to the consumer who consented to the inspection;

(c)  the written notice provided for in the third paragraph was not given to the consumer; or

(d)  the merchant sells or re-leases the goods before the end of the 10-day period indicated in the written notice provided for in the third paragraph.

2023, c. 21, s. 10.