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

Section 45.5 Disposition versions

2018-10-01

45.5. The Statement of consumer resolution and resiliation rights and the resolution and resiliation form that the merchant must attach to the contract under the second paragraph of section 187.14 of the Act constitute a document on which appears only the compulsory notice immediately followed by the following compulsory form:

“(CONSUMER PROTECTION ACT, SECTION 187.14)

STATEMENT OF CONSUMER RESOLUTION AND RESILIATION RIGHTS

You may resolve this contract for any reason within 10 days after you receive a duplicate of the contract along with the other documents that must be attached to it.

The resolution period may be extended to one year if the contract does not comply with the provisions of the Act.

You may also resiliate the contract for any reason, without cost or penalty, before the merchant begins performing his principal obligation.

To resolve or resiliate the contract, you must send the merchant or the merchant’s representative the resolution and resiliation form printed below, or send him another written notice to that effect. The form or notice must be sent to the merchant at the address indicated on the form, or at any other address of the merchant or merchant’s representative indicated in the contract. You may give notice of resolution or resiliation by personal delivery or by any other method. It is recommended to use a method that will allow you to prove that you gave notice, including registered mail, email, fax or courier.

If the contract is resolved or resiliated for the above reason, the merchant must, if applicable and within 15 days, refund all amounts you have paid him. You also have 15 days to return to the merchant any goods you received under the contract.

It is in your interest to refer to sections 187.21 to 187.26 of the Consumer Protection Act (chapter P-40.1).

A contract related to timeshare accommodation rights is considered a service contract. You may resiliate your contract for other reasons, and you have other rights and recourses.

For further information, you may contact a legal adviser or the Office de la protection du consommateur.

RESOLUTION AND RESILIATION FORM (detachable from schedule)

TO BE COMPLETED BY THE MERCHANT

TO: .............................................................................. (name of merchant)

....................................................................................

.................................................................................... (address of merchant or representative)

Telephone number of merchant or representative:

(......) ..........................................

Fax number of merchant or representative:

(......) ..........................................

Technological address of merchant or representative:

....................................................

TO BE COMPLETED BY THE CONSUMER

DATE : ................................. (date on which form is sent)

Under section 187.21 or 187.26 of the Consumer Protection Act, I hereby cancel contract No. ........................... (contract number, IF ANY) entered into on ................................. (date on which contract was entered into)

.................................................... (name of consumer)

Telephone number of consumer: (......) ..........................................

Fax number of consumer: (......) ........................................

Technological address of consumer: ..................................................

.................................................... (address of consumer)

.................................................... (signature of consumer)”.

The statement must show

(a)  the heading, in bold type of at least 12 points;

(b)  the statement of the 10-day resolution rights contained in the first paragraph, in typeface of at least 12 points;

(c)  all numbers in bold type.

The remainder of the text of the statement and of the resolution and resiliation form must be in typeface of at least 10 points.

S.Q. 2018, c. 14, s. 24.