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

Section 44 Disposition versions

2019-08-01

44. A contract other than a contract of credit that contains the reserve of ownership clause but that does not contain a clause of forfeiture of benefit of the term must contain, in addition to the clauses prescribed by section 61.0.13 that apply thereto, immediately after the reserve of ownership clause, the following compulsory clause:

“Clause required under the Consumer Protection Act.

(Contract other than a contract of credit that contains the reserve of ownership clause)

If the consumer fails to perform his obligation in the manner prescribed in this contract, the merchant may:

(a)  either exact immediate payment of the instalments due;

(b)  or retake possession of the goods that form the object of the contract.

Before retaking possession of the goods, the merchant must give the consumer a notice in writing of 30 days during which the consumer may, as he chooses:

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

(b)  or return the goods to the merchant.

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

If, before his default, the consumer has paid at least one-half of the amount of the total obligation and of the down payment, the merchant may not recover possession of the goods unless he first obtains the permission of the court.

It is in the consumer’s interest to refer to section 15, paragraphs a and c of section 138 and sections 139 to 142 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. 44; O.C. 994-2018, s. 27.

2012-09-01

44. A contract other than a contract of credit that contains the reserve of ownership clause but that does not contain a clause of forfeiture of benefit of the term must contain, in addition to the clauses prescribed in Schedule 5 that apply thereto, immediately after the reserve of ownership clause, the following compulsory clause:

“Clause required under the Consumer Protection Act.

(Contract other than a contract of credit that contains the reserve of ownership clause)

If the consumer fails to perform his obligation in the manner prescribed in this contract, the merchant may:

(a)  either exact immediate payment of the instalments due;

(b)  or retake possession of the goods that form the object of the contract.

Before retaking possession of the goods, the merchant must give the consumer a notice in writing of 30 days during which the consumer may, as he chooses:

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

(b)  or return the goods to the merchant.

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

If, before his default, the consumer has paid at least one-half of the amount of the total obligation and of the down payment, the merchant may not recover possession of the goods unless he first obtains the permission of the court.

It is in the consumer’s interest to refer to section 15, paragraphs a and c of section 138 and sections 139 to 142 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. 44.