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

Section 69.0.2 Disposition versions

2019-08-01

69.0.2. Where the merchant wishes to avail himself of a clause of forfeiture of benefit of the term, the notice to the consumer must comply with the following standard notice and provide as many lines as necessary to meet all the requirements:

(CONSUMER PROTECTION ACT, S. 105)

NOTICE OF FORFEITURE OF BENEFIT OF THE TERM

Date: .............. (date on which notice is sent or given)

.............. (name of merchant)

.............. .............. (telephone number of merchant)

.............. (address of merchant) hereinafter called the merchant gives notice to:

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

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

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

hereinafter called the consumer, that the consumer has failed to fulfil the obligation in accordance with the contract (No. ..............) (contract number, if any) entered into by them .............. (place where contract was entered into) on .............. (date on which contract was entered into) and that the following payment or payments are due:  $.............., (amount of payment) on .............. (due date of payment)  $.............., (amount of payment) on .............. (due date of payment) for a total of $.............. (amount due) at this date.

(or

description of another type of default, such as failure to insure goods as provided for in the contract, to the extent that that requirement is allowed under the Act)

Consequently, if the consumer does not remedy the default by paying the amount due (or other remedy, if applicable) within 30 days of receiving this notice, the balance of the obligation, in the amount of $.............., shall become payable at that time.

The consumer may, however, apply to the court to change the terms and conditions of payment or, in the case of a contract involving credit, to be authorized to return the goods sold to the merchant.

Such application must be served and filed in the office of the court within 30 days after the consumer receives this notice.

It is in the consumer’s interest to examine the contract and, if further information is necessary, to contact the Office de la protection du consommateur.

O.C. 994-2018, s. 41.