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

Section 39 Disposition versions

2019-08-01

39. A contract involving credit other than a contract entered into by an itinerant merchant and subject to sections 58 to 65 of the Act and other than a service contract involving sequential performance for instruction, training or assistance, must, in addition to the clauses prescribed by sections 61.0.13 or 61.0.15 and 61.0.14 or 61.0.16, as the case may be, contain the following compulsory clause:

Clause required under the Consumer Protection Act.

(Contract involving credit)

“(1)  The consumer may cancel this contract without charge within 2 days following the day on which each party takes possession of a duplicate of the contract, except in the case of the sale of a new road vehicle of which the consumer has taken delivery.

To cancel the contract, the consumer must:

(a)  return the goods to the merchant or his representative if he received delivery of the goods at the time each party came into possession of a duplicate of this contract;

(b)  forward a notice in writing for that purpose, or return the goods to the merchant or his representative if he did not receive delivery of the goods at the time each party came into possession of a duplicate of this contract.

“(2)  The contract is cancelled, without further formality, as soon as the consumer returns the goods or sends the notice.

“(3)  As soon as possible after cancellation, the consumer and the merchant must return what they have received from one another.

The merchant shall assume the costs of restitution.

“(4)  The merchant shall assume the risk of loss or deterioration, even by superior force, of the goods forming the object of this contract, until the expiry of the 2-day period after the day the parties came into possession of a duplicate of the contract.

“(5)  The consumer shall not cancel this contract if, as a result of any act or fault for which he is liable, he is unable to restore the goods to the merchant in the condition in which he received them.

“(6)  The consumer may pay his obligation in whole or in part before maturity.

The balance due is equal at all times to the sum of the balance of the net capital and credit charges computed in accordance with the Act and the General Regulation made under the Act.

“(7)  The consumer may, once a month and without charge, require a statement of account from the merchant; the latter must furnish or forward it to him as soon as possible and at the latest within 10 days of the receipt of the request.

In addition to the statement of account prescribed above, the consumer who wishes to pay the balance of his obligation before maturity, may, at all times and without charge, require a statement of account from the merchant; the latter must furnish or forward it to him as soon as possible and at the latest within 10 days of the receipt of the request.

It is in the consumer’s interest to refer to sections 73, 75 to 79 and 93 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”.

R.R.Q., 1981, c. P-40.1, r. 1, s. 39; O.C. 1148-90, s. 6; O.C. 495-2010, s. 5; O.C. 994-2018, s. 23.

2012-09-01

39. A contract involving credit other than a contract entered into by an itinerant merchant and subject to sections 58 to 65 of the Act and other than a service contract involving sequential performance for instruction, training or assistance, must, in addition to the clauses prescribed in Schedules 5 or 7 of the Act, as the case may be, contain the following compulsory clause:

“Clause required under the Consumer Protection Act.

(Contract involving credit)

(1)  The consumer may cancel this contract without charge within 2 days following the day on which each party takes possession of a duplicate of the contract, except in the case of the sale of a new automobile of which the consumer has taken delivery.

To cancel the contract, the consumer must:

(a)  return the goods to the merchant or his representative if he received delivery of the goods at the time each party came into possession of a duplicate of this contract;

(b)  forward a notice in writing for that purpose, or return the goods to the merchant or his representative if he did not receive delivery of the goods at the time each party came into possession of a duplicate of this contract.

(2)  The contract is cancelled, without further formality, as soon as the consumer returns the goods or sends the notice.

(3)  As soon as possible after cancellation, the consumer and the merchant must return what they have received from one another.

The merchant shall assume the costs of restitution.

(4)  The merchant shall assume the risk of loss or deterioration, even by superior force, of the goods forming the object of this contract, until the expiry of the 2-day period after the day the parties came into possession of a duplicate of the contract.

(5)  The consumer shall not cancel this contract if, as a result of any act or fault for which he is liable, he is unable to restore the goods to the merchant in the condition in which he received them.

(6)  The consumer may pay his obligation in whole or in part before maturity.

The balance due is equal at all times to the sum of the balance of the net capital and credit charges computed in accordance with the Act and the General Regulation made under the Act.

(7)  The consumer may, once a month and without charge, require a statement of account from the merchant; the latter must furnish or forward it to him as soon as possible and at the latest within 10 days of the receipt of the request.

In addition to the statement of account prescribed above, the consumer who wishes to pay the balance of his obligation before maturity, may, at all times and without charge, require a statement of account from the merchant; the latter must furnish or forward it to him as soon as possible and at the latest within 10 days of the receipt of the request.

It is in the consumer’s interest to refer to sections 73, 75 to 79 and 93 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”.

R.R.Q., 1981, c. P-40.1, r. 1, s. 39; O.C. 1148-90, s. 6; O.C. 495-2010, s. 5.