P-40.1, r. 3 - Regulation respecting the application of the Consumer Protection Act

Section 15.2 Disposition versions

2018-01-11

15.2. A service contract involving sequential performance entered into by a merchant who operates a physical fitness studio and intended to give a consumer, for a new period of time, the rights that he already has under a contract evidenced in accordance with section 199 of the Act is exempt from the application of section 199 of the Act, where all the following conditions are fulfilled:

(a)  the merchant sends the consumer, between 30 to 60 days before the expiry of the contract in force, a written notice containing his offer to renew and indicating the duration, total cost and payment terms of the new contract proposed;

(b)  the consumer notifies the merchant in writing, before the expiry of the contract in force, of his acceptance of the offer to renew;

(c)  the consumer’s total obligation under the new contract does not exceed his obligation under the initial contract evidenced in writing, where the new contract is of a duration equal to or longer, without exceeding 1 year, than the initial contract or, where the new contract is of a duration shorter than the initial contract, the consumer’s total obligation under the new contract is proportionately equal to or less than his obligation under the initial contract, taking into account the respective durations of each contract.

O.C. 848-94, s. 2; O.C. 495-2010, s. 6; O.C. 1244-2017, s. 4.

2012-09-01

15.2. A service contract involving sequential performance entered into by a merchant who operates a physical fitness studio and intended to give a consumer, for a new period of time, the rights that he already has under a contract evidenced in accordance with section 199 of the Act is exempt from the application of section 199 of the Act, where all the following conditions are fulfilled:

(a)  the merchant sends the consumer, before the expiry of the contract in force, a written notice containing his offer to renew and indicating the duration, total cost and payment terms of the new contract proposed;

(b)  the consumer notifies the merchant in writing, before the expiry of the contract in force, of his acceptance of the offer to renew;

(c)  the consumer’s total obligation under the new contract does not exceed his obligation under the initial contract evidenced in writing, where the new contract is of a duration equal to or longer, without exceeding 1 year, than the initial contract or, where the new contract is of a duration shorter than the initial contract, the consumer’s total obligation under the new contract is proportionately equal to or less than his obligation under the initial contract, taking into account the respective durations of each contract.

O.C. 848-94, s. 2; O.C. 495-2010, s. 6.