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

Section 43 Disposition versions

2016-01-01

43. A contract other than a contract of credit that contains a clause of forfeiture of benefit of the term but not a reserve of ownership clause must, immediately after the clause of forfeiture of benefit of the term, contain the following compulsory clause:

“Clause required under the Consumer Protection Act.

(Contract other than a contract of credit that contains a clause of forfeiture of benefit of the term)

Before availing himself of this clause, the merchant must forward the consumer a notice in writing and a statement of account.

Within 30 days following the receipt by the consumer of the notice and the statement of account, the consumer may:

(a)  either remedy the fact that he is in default;

(b)  or present an application to the court to have the terms and conditions of payment prescribed in this contract changed;

(c)  or present an application to the court to obtain permission to return the goods forming the object of this contract to the merchant.

If the consumer returns the goods to the merchant with the permission of the court, his obligation under this contract is extinguished and the merchant is not bound to return to him the payments he has received from him.

It is in the consumer’s interest to refer to sections 14, 104 to 110 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. 43; I.N. 2016-01-01 (NCCP).

2012-09-01

43. A contract other than a contract of credit that contains a clause of forfeiture of benefit of the term but not a reserve of ownership clause must, immediately after the clause of forfeiture of benefit of the term, contain the following compulsory clause:

“Clause required under the Consumer Protection Act.

(Contract other than a contract of credit that contains a clause of forfeiture of benefit of the term)

Before availing himself of this clause, the merchant must forward the consumer a notice in writing and a statement of account.

Within 30 days following the receipt by the consumer of the notice and the statement of account, the consumer may:

(a)  either remedy the fact that he is in default;

(b)  or present a motion to the court to have the terms and conditions of payment prescribed in this contract changed;

(c)  or present a motion to the court to obtain permission to return the goods forming the object of this contract to the merchant.

If the consumer returns the goods to the merchant with the permission of the court, his obligation under this contract is extinguished and the merchant is not bound to return to him the payments he has received from him.

It is in the consumer’s interest to refer to sections 14, 104 to 110 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. 43.