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

Section 46 Disposition versions

2012-09-01

46. A service contract involving sequential performance for instruction, training or assistance, other than a contract entered into by a merchant who operates a physical fitness studio or by an itinerant merchant, must contain the following compulsory clause:

“Clause required under the Consumer Protection Act.

(Service contract involving sequential performance for instruction, training or assistance)

The consumer may cancel this contract at any time by sending the form attached hereto or another notice in writing for that purpose to the merchant.

This contract is cancelled, without further formality, upon the sending of the form or notice.

If the consumer cancels this contract before the merchant has begun the performance of his principal obligation, the consumer has no charge or penalty to pay.

If the consumer cancels this contract after the merchant has begun the performance of his principal obligation, the consumer must pay only:

(a)  the price of the services rendered him, computed on the basis of the rate stipulated in the contract; and

(b)  the less of the following 2 sums: $50, or a sum representing not more than 10% of the price of the services that were not rendered him.

Within 10 days following the cancellation of the contract, the merchant must restore to the consumer the money he owes him.

It is in the consumer’s interest to refer to sections 190 to 196 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. 46; O.C. 1148-90, s. 7; O.C. 495-2010, s. 5.