P-40.1 - Consumer Protection Act

Article 321 Versions de la disposition

2023-10-05

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 contract underwritten by an insurer authorized under the Insurers Act (chapter A-32.1);

e)  every road vehicle dealer;

f)  every road vehicle recycler;

g)  every merchant who enters into a high-cost credit contract; and

h)  every debt settlement service merchant who offers services described in paragraph a or b of section 214.12.

No person who holds a debt settlement service merchant’s permit may simultaneously hold a permit or certificate issued under the Act respecting the collection of certain debts (chapter R-2.2).

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; 2015, c. 4, s. 9; 2017, c. 24, s. 63; 2018, c. 23, s. 785; 2023, c. 21, s. 24.

2019-08-01

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 an insurer authorized under the Insurers Act (chapter A-32.1);

e)  every road vehicle dealer;

f)  every road vehicle recycler;

g)  every merchant who enters into a high-cost credit contract; and

h)  every debt settlement service merchant who offers services described in paragraph a or b of section 214.12.

No person who holds a debt settlement service merchant’s permit may simultaneously hold a permit or certificate issued under the Act respecting the collection of certain debts (chapter R-2.2).

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; 2015, c. 4, s. 9; 2017, c. 24, s. 63; 2018, c. 23, s. 785.

2019-06-13

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 an insurer authorized under the Insurers Act (chapter A-32.1);

e)  every road vehicle dealer;

f)  every road vehicle recycler;

In force: 2019-08-01

g)  every merchant who enters into a high-cost credit contract; and

h)  every debt settlement service merchant who offers services described in paragraph a or b of section 214.12.

No person who holds a debt settlement service merchant’s permit may simultaneously hold a permit or certificate issued under the Act respecting the collection of certain debts (chapter R-2.2).

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; 2015, c. 4, s. 9; 2017, c. 24, s. 63; 2018, c. 23, s. 785.

2019-02-01

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;

e)  every road vehicle dealer;

f)  every road vehicle recycler;

In force: 2019-08-01

g)  every merchant who enters into a high-cost credit contract; and

h)  every debt settlement service merchant who offers services described in paragraph a or b of section 214.12.

No person who holds a debt settlement service merchant’s permit may simultaneously hold a permit or certificate issued under the Act respecting the collection of certain debts (chapter R-2.2).

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; 2015, c. 4, s. 9; 2017, c. 24, s. 63.

2015-10-19

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;

e)  every road vehicle dealer; and

f)  every road vehicle recycler.

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; 2015, c. 4, s. 9.

2004-12-17

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.

2004-02-01

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 Agence nationale d’encadrement du secteur financier.

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.

1999-10-22

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 Inspector General of Financial Institutions.

1978, c. 9, s. 321; 1984, c. 47, s. 128; 1988, c. 45, s. 8; 1999, c. 40, s. 234.

1989-08-03

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 corporation authorized to act in Québec as an insurer and holding a permit issued by the Inspector General of Financial Institutions.

1978, c. 9, s. 321; 1984, c. 47, s. 128; 1988, c. 45, s. 8.

1985-12-15

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 corporation authorized to act in Québec as an insurer and holding a permit issued by the Inspector General of Financial Institutions.

For the purposes of this section, “contract of additional warranty” means a contract under which a merchant undertakes, towards a consumer, to assume directly or indirectly, all or part of the costs of repairing or replacing a property or a part thereof in the event of its defect or malfunction, otherwise than under a basic conventional warranty given gratuitously to every consumer who purchases the property or has it repaired.

1978, c. 9, s. 321; 1984, c. 47, s. 128.

1980-04-30

321. 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; and

c)  every merchant who operates a physical fitness studio.

1978, c. 9, s. 321.