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

Section 46.1 Disposition versions

2012-09-01

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

“Clause required under the Consumer Protection Act.

(Service contract involving sequential performance for instruction, training or assistance entered into by an itinerant merchant).

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 to perform his principal obligation or within 10 days after that on which each of the parties is in possession of a duplicate of the contract, whichever period is longer, the consumer has no charge or penalty to pay.

If the consumer cancels the contract after the merchant has begun to perform his principal obligation and after the 10 days mentioned in the fourth paragraph, the consumer must pay only:

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

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

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

It is in the consumer’s interest to refer to sections 58 to 65, 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.”.

O.C. 1148-90, s. 8; O.C. 495-2010, s. 5.