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

Section 48.1 Disposition versions

2012-09-01

48.1. A contract for the lease of services and goods entered into by an itinerant merchant at the time of the entering into or of the performance of a principal contract governed by section 46 or 46.1 must contain the following compulsory clause:

“Clause required under the Consumer Protection Act.

(Accessory contract of lease entered into by an itinerant merchant).

This contract is an accessory to the service contract involving sequential performance for instruction, training or assistance entered into on (insert here the date on which the service contract involving sequential performance for instruction, training or assistance is entered into).

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 or within 10 days following the day 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 this contract after the merchant has begun to perform his principal obligation and after the 10 days mentioned in the fifth paragraph, the consumer must pay only:

(a)  the price of the lease of the goods or of the services furnished 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 furnished him or of the price of the term of the lease that has not elapsed.

Within 10 days following the cancellation of this contract, the merchant must return 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 and 207 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. 9; O.C. 495-2010, s. 5.