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

Section 91.4 Disposition versions

2012-09-01

91.4. Section 223 of the Act does not apply to merchants who use the universal product code optical scanning technology in their establishments, where the following conditions are met:

(a)  every optical scanner in the establishment, including those made available to the consumer, and the devices for printing the labels referred to in section 91.5 are connected to one data base containing the price of goods sold in the establishment;

(b)  the optical scanners used at the check-outs and those made available to the consumer display the price of goods sold in the establishment on which universal product codes are affixed;

(c)  the label referred to in section 91.5 is affixed in accordance with the requirements of that section on each item of goods sold in the establishment;

(d)  the cash receipt given to the consumer for each transaction contains the following information:

i.  the merchant’s name;

ii.  the merchant’s telephone number and, as the case may be, the merchant’s e-mail address or customer service e-mail address;

iii.  the date of the transaction;

iv.  the nature of each item purchased and any distinguishing mark; and

v.  the price of each purchased item next to its description; and

(e)  where the area of the establishment open to consumers is 697 m2 or more, optical scanners, evenly distributed throughout the establishment and easily accessible, are made available to consumers in the following quantities:

i.  1, where the area of the establishment open to consumers is 697 m2 or more but less than 1,860 m2;

ii.  2, where the area of the establishment open to consumers is 1,860 m2 or more but less than 3,720 m2;

iii.  3, where the area of the establishment open to consumers is 3,720 m2 or more but less than 5,580  m2; and

iv.  4, where the area of the establishment open to consumers is 5,580 m2 or more.

Merchants may not use this exemption for clothing sold in their establishments nor for goods on which the universal product code does not appear.

The requirement under subparagraph e of the first paragraph shall take effect on 23 June 2001.

O.C. 10-2001, s. 4.