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

Section 8 Disposition versions

2019-08-01

8. Sections 58 to 65 of the Act do not apply to:

(a)  a contract entered into at a public market or at an agricultural or commercial exhibition, except if it is entered into with the holder of an itinerant merchant’s permit or his representative;

(b)  a contract for the sale or a long-term contract for the lease of a new road vehicle where the contract is entered into at the merchant’s address even if the consumer was solicited elsewhere than at the merchant’s address;

(b.1)  a contract for the sale or a long-term contract for the lease of a new road vehicle entered into in a case where the seller, alone or as a group, for advertising or liquidation purposes, offers for sale or lease a large number of such vehicles in a public place used as a temporary branch;

(c)  a distance contract even if the soliciting was done by the merchant elsewhere than at the merchant’s address;

(d)  a contract for the loan of money and an open credit contract entered into for the use of a credit card;

(e)  a contract for the sale of a lottery ticket by a legally authorized person;

(f)  a contract for the sale of a food product that is not frozen at the time of its delivery;

(g)  (paragraph revoked);

(h)  a contract entered into with a claims adjuster that complies with the Insurers Act (chapter A-32.1) and the regulations made under that Act;

(i)  a contract between a merchant and a consumer for goods necessary for the carrying on of the trade, art or profession of the consumer, where the contract contains the following clause, specially signed by the consumer: “(insert here the name and the main occupation of the consumer) declares that the goods forming the object of the contract are necessary for the carrying on of his or her trade, art or profession.”;

(j)  a contract of additional warranty offered or made by a merchant required to hold a permit under paragraph d of section 321 of the Act;

(k)  a contract of sale entered into at the time of a public auction;

(l)  a contract entered into with a travel agent holding a permit under the Travel Agents Act (chapter A-10), except if it was entered into following door-to-door solicitation;

(m)  a contract under which the total amount of the consumer’s obligation does not exceed $100.

R.R.Q., 1981, c. P-40.1, r. 1, s. 8; O.C. 1978-85, s. 1; O.C. 1148-90, s. 2; O.C. 600-92, s. 1; O.C. 932-98, s. 1; O.C. 1042-2007, s. 4; O.C. 495-2010, s. 3; O.C. 1244-2017, s. 2; O.C. 994-2018, s. 75.

2019-06-13

8. Sections 58 to 65 of the Act do not apply to:

(a)  a contract entered into at a public market or at an agricultural or commercial exhibition, except if it is entered into with the holder of an itinerant merchant’s permit or his representative;

(b)  a contract for the sale or a long-term contract for the lease of a new road vehicle where the contract is entered into at the merchant’s address even if the consumer was solicited elsewhere than at the merchant’s address;

(b.1)  a contract for the sale or a long-term contract for the lease of a new road vehicle entered into in a case where the seller, alone or as a group, for advertising or liquidation purposes, offers for sale or lease a large number of such vehicles in a public place used as a temporary branch;

(c)  a distance contract even if the soliciting was done by the merchant elsewhere than at the merchant’s address;

(d)  a contract for the loan of money and a contract extending variable credit entered into for the use of a credit card;

(e)  a contract for the sale of a lottery ticket by a legally authorized person;

(f)  a contract for the sale of a good product that is not frozen at the time of its delivery;

(g)  (paragraph revoked);

(h)  a contract entered into with a claims adjuster that complies with the Insurers Act (chapter A-32.1) and the regulations made under that Act;

(i)  a contract between a merchant and a consumer for goods necessary for the carrying on of the trade, art or profession of the consumer, where the contract contains the following clause, specially signed by the consumer: “(insert here the name and the main occupation of the consumer) declares that the goods forming the object of the contract are necessary for the carrying on of his or her trade, art or profession.”;

(j)  a contract of additional warranty offered or made by a merchant required to hold a permit under paragraph d of section 321 of the Act;

(k)  a contract of sale entered into at the time of a public auction;

(l)  a contract entered into with a travel agent holding a permit under the Travel Agents Act (chapter A-10), except if it was entered into following door-to-door solicitation;

(m)  a contract under which the total amount of the consumer’s obligation does not exceed $100.

R.R.Q., 1981, c. P-40.1, r. 1, s. 8; O.C. 1978-85, s. 1; O.C. 1148-90, s. 2; O.C. 600-92, s. 1; O.C. 932-98, s. 1; O.C. 1042-2007, s. 4; O.C. 495-2010, s. 3; O.C. 1244-2017, s. 2.

2018-05-01

8. Sections 58 to 65 of the Act do not apply to:

(a)  a contract entered into at a public market or at an agricultural or commercial exhibition, except if it is entered into with the holder of an itinerant merchant’s permit or his representative;

(b)  a contract for the sale or a long-term contract for the lease of a new road vehicle where the contract is entered into at the merchant’s address even if the consumer was solicited elsewhere than at the merchant’s address;

(b.1)  a contract for the sale or a long-term contract for the lease of a new road vehicle entered into in a case where the seller, alone or as a group, for advertising or liquidation purposes, offers for sale or lease a large number of such vehicles in a public place used as a temporary branch;

(c)  a distance contract even if the soliciting was done by the merchant elsewhere than at the merchant’s address;

(d)  a contract for the loan of money and a contract extending variable credit entered into for the use of a credit card;

(e)  a contract for the sale of a lottery ticket by a legally authorized person;

(f)  a contract for the sale of a good product that is not frozen at the time of its delivery;

(g)  (paragraph revoked);

(h)  a contract entered into with a claims adjuster that complies with the Act respecting insurance (chapter A-32) and the regulations made under that Act;

(i)  a contract between a merchant and a consumer for goods necessary for the carrying on of the trade, art or profession of the consumer, where the contract contains the following clause, specially signed by the consumer: “(insert here the name and the main occupation of the consumer) declares that the goods forming the object of the contract are necessary for the carrying on of his or her trade, art or profession.”;

(j)  a contract of additional warranty offered or made by a merchant required to hold a permit under paragraph d of section 321 of the Act;

(k)  a contract of sale entered into at the time of a public auction;

(l)  a contract entered into with a travel agent holding a permit under the Travel Agents Act (chapter A-10), except if it was entered into following door-to-door solicitation;

(m)  a contract under which the total amount of the consumer’s obligation does not exceed $100.

R.R.Q., 1981, c. P-40.1, r. 1, s. 8; O.C. 1978-85, s. 1; O.C. 1148-90, s. 2; O.C. 600-92, s. 1; O.C. 932-98, s. 1; O.C. 1042-2007, s. 4; O.C. 495-2010, s. 3; O.C. 1244-2017, s. 2.

2018-01-11

8. Sections 58 to 65 of the Act do not apply to:

(a)  a contract entered into at a public market or at an agricultural or commercial exhibition, except if it is entered into with the holder of an itinerant merchant’s permit or his representative;

(b)  a contract for the sale or a long-term contract for the lease of a new road vehicle where the contract is entered into at the merchant’s address even if the consumer was solicited elsewhere than at the merchant’s address;

(b.1)  a contract for the sale or a long-term contract for the lease of a new road vehicle entered into in a case where the seller, alone or as a group, for advertising or liquidation purposes, offers for sale or lease a large number of such vehicles in a public place used as a temporary branch;

(c)  a distance contract even if the soliciting was done by the merchant elsewhere than at the merchant’s address;

(d)  a contract for the loan of money and a contract extending variable credit entered into for the use of a credit card;

(e)  a contract for the sale of a lottery ticket by a legally authorized person;

(f)  a contract for the sale of a good product that is not frozen at the time of its delivery;

(g)  (paragraph revoked);

(h)  a contract entered into with a claims adjuster that complies with the Act respecting insurance (chapter A-32) and the regulations made under that Act;

(i)  a contract between a merchant and a consumer for goods necessary for the carrying on of the trade, art or profession of the consumer, where the contract contains the following clause, specially signed by the consumer: “(insert here the name and the main occupation of the consumer) declares that the goods forming the object of the contract are necessary for the carrying on of his or her trade, art or profession.”;

(j)  a contract of additional warranty offered or made by a merchant required to hold a permit under paragraph d of section 321 of the Act;

(k)  a contract of sale entered into at the time of a public auction;

(l)  a contract entered into with a travel agent holding a permit under the Travel Agents Act (chapter A-10), except if it was entered into following door-to-door solicitation;

(m)  a contract under which the total amount of the consumer’s obligation does not exceed $25.

R.R.Q., 1981, c. P-40.1, r. 1, s. 8; O.C. 1978-85, s. 1; O.C. 1148-90, s. 2; O.C. 600-92, s. 1; O.C. 932-98, s. 1; O.C. 1042-2007, s. 4; O.C. 495-2010, s. 3; O.C. 1244-2017, s. 2.

2012-09-01

8. Sections 58 to 65 of the Act do not apply to:

(a)  a contract entered into at a public market or at an agricultural or commercial exhibition, except if it is entered into with the holder of an itinerant merchant’s permit or his representative;

(b)  a contract for the sale or a long-term contract for the lease of a new automobile where the contract is entered into at the merchant’s address even if the consumer was solicited elsewhere than at the merchant’s address;

(b.1)  a contract for the sale or a long-term contract for the lease of a new automobile entered into in a case where the seller, alone or as a group, for advertising or liquidation purposes, offers for sale or lease a large number of such vehicles in a public place used as a temporary branch;

(c)  a distance contract even if the soliciting was done by the merchant elsewhere than at the merchant’s address;

(d)  a contract for the loan of money and a contract extending variable credit entered into for the use of a credit card;

(e)  a contract for the sale of a lottery ticket by a legally authorized person;

(f)  a contract for the sale of a good product that is not frozen at the time of its delivery;

(g)  (paragraph revoked);

(h)  a contract entered into with a claims adjuster that complies with the Act respecting insurance (chapter A-32) and the regulations made under that Act;

(i)  a contract between a merchant and a consumer for goods necessary for the carrying on of the trade, art or profession of the consumer, where the contract contains the following clause, specially signed by the consumer: “(insert here the name and the main occupation of the consumer) declares that the goods forming the object of the contract are necessary for the carrying on of his or her trade, art or profession.”;

(j)  a contract of additional warranty offered or made by a merchant required to hold a permit under paragraph d of section 321 of the Act;

(k)  a contract of sale entered into at the time of a public auction;

(l)  a contract entered into with a travel agent holding a permit under the Travel Agents Act (chapter A-10), except if it was entered into following door-to-door solicitation;

(m)  a contract under which the total amount of the consumer’s obligation does not exceed $25.

R.R.Q., 1981, c. P-40.1, r. 1, s. 8; O.C. 1978-85, s. 1; O.C. 1148-90, s. 2; O.C. 600-92, s. 1; O.C. 932-98, s. 1; O.C. 1042-2007, s. 4; O.C. 495-2010, s. 3.