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

Section 94 Disposition versions

2018-01-11

94. Every merchant applying for the issue or renewal of a permit must forward to the president, using the form provided by the president, the following information and documents:

(a)  the type of permit requested;

(b)  the merchant’s name and the names under which the merchant does business which must appear on the permit;

(c)  the merchant’s address, telephone number and, where applicable, technological address and fax number, and those of the establishment for which the permit is requested;

(d)  the name, address, telephone number and, where applicable, technological address and fax number of the natural person who signed the application for a permit and the person’s date of birth;

(e)  in the case of a partnership or legal person, the name, date of birth, home address and telephone number of the partners or directors, along with their position in the partnership or legal person;

(f)  (paragraph revoked);

(g)  when the merchant is required to be registered, the Québec business number (NEQ) assigned by the enterprise registrar;

(h)  (paragraph revoked);

(i)  a statement that at the time of the application, the partnership or legal person, if constituted under the laws of Québec, was in compliance with the provisions governing legal publicity;

(j)  (paragraph revoked);

(k)  the answers to the following questions concerning the merchant, concerning the person, in the case of a sole proprietorship, or concerning each partner and director:

i.  whether they are an undischarged bankrupt;

ii.  whether they have been found guilty, in the 3 preceding years, of an offence against an Act or regulation under the administration of the Office de la protection du consommateur or of an indictable criminal offence, unless a pardon has been obtained;

iii.  if the answer to one of the questions in subparagraphs i and ii is affirmative, the name of the person concerned, the nature of the offence, the date of the judgment and the court file number;

(l)  at the request of the president, a copy of the contract that the merchant intends to enter into with consumers.

Every application for a permit must be submitted with the duties payable and the security required under Division II of Chapter VIII, along with a statement that the information provided pursuant to sections 94 to 94.03 is true, and be signed by the natural person making the application.

O.C. 495-2010, s. 18; O.C. 815-2015, s. 5; O.C. 1244-2017, s. 6.

2015-10-19

94. Every merchant applying for the issue or renewal of a permit must forward to the president, using the form provided by the president, the following information and documents:

(a)  the type of permit requested;

(b)  the merchant’s name and any other names that must appear on the permit;

(c)  the merchant’s address, telephone number and, where applicable, technological address and fax number, and those of the establishment for which the permit is requested;

(d)  the name, address, telephone number and, where applicable, technological address and fax number of the natural person who signed the application for a permit and, if the application is for that person, the person’s date of birth;

(e)  in the case of a partnership or legal person, the name, date of birth, home address and telephone number of the partners or directors, along with their position in the partnership or legal person;

(f)  in the case of a partnership or legal person, a copy of the resolution of the board of directors authorizing the natural person to apply for the issue or renewal of a permit, unless that person is a declared director in the enterprise registrar;

(g)  when the merchant is required to be registered, the Québec business number (NEQ) assigned by the enterprise registrar;

(h)  in the case of a partnership or legal person, a copy of its constituting act, letters patent or similar document and, where applicable, of its articles of amendment, articles of amalgamation, supplementary letters patent or similar document, except if the documents have been filed with the enterprise registrar;

(i)  a statement that at the time of the application, the partnership or legal person, if constituted under the laws of Québec, was in compliance with the provisions governing legal publicity;

(j)  in the case of a partnership or legal person constituted under a statute other than the statutes of Québec, a document similar to an attestation issued by the enterprise registrar stating that, at the time of the application, it would be in compliance with the obligations governing legal publicity if it was constituted under the statutes of Québec; the document must be issued by the competent authority in that jurisdiction and state that the partnership or legal person is in compliance with the laws of that jurisdiction;

(k)  the answers to the following questions concerning the merchant, concerning the person, in the case of a sole proprietorship, or concerning each partner and director:

i.  whether they are an undischarged bankrupt;

ii.  whether they have been found guilty, in the 3 preceding years, of an offence against an Act or regulation under the administration of the Office de la protection du consommateur or of an indictable criminal offence, unless a pardon has been obtained;

iii.  if the answer to one of the questions in subparagraphs i and ii is affirmative, the name of the person concerned, the nature of the offence, the date of the judgment and the court file number;

(l)  at the request of the president, a copy of the contract that the merchant intends to enter into with consumers.

Every application for a permit must be submitted with the duties payable and the security required under Division II of Chapter VIII, along with a statement that the information provided pursuant to sections 94 to 94.03 is true, and be signed by the natural person making the application.

O.C. 495-2010, s. 18; O.C. 815-2015, s. 5.

2012-09-01

94. Every merchant applying for the issue or renewal of a permit must forward to the president, using the form provided by the president, the following information and documents:

(a)  the type of permit requested;

(b)  the merchant’s name and any other names that must appear on the permit;

(c)  the merchant’s address, telephone number and, where applicable, technological address and fax number, and those of the establishment for which the permit is requested;

(d)  the name, address, telephone number and, where applicable, technological address and fax number of the natural person who signed the application for a permit and, if the application is for that person, the person’s date of birth;

(e)  in the case of a partnership or legal person, the name, date of birth, home address and telephone number of the partners or directors, along with their position in the partnership or legal person;

(f)  in the case of a partnership or legal person, a copy of the resolution of the board of directors authorizing the natural person to apply for the issue or renewal of a permit;

(g)  when the merchant is required to be registered, the Québec business number (NEQ) assigned by the enterprise registrar;

(h)  in the case of a partnership or legal person, a copy of its constituting act, letters patent or similar document and, where applicable, of its articles of amendment, articles of amalgamation, supplementary letters patent or similar document, except if the documents have been filed with the enterprise registrar;

(i)  a statement that at the time of the application, the partnership or legal person, if constituted under the laws of Québec, was in compliance with the provisions governing legal publicity;

(j)  in the case of a partnership or legal person constituted under a statute other than the statutes of Québec, a document similar to an attestation issued by the enterprise registrar stating that, at the time of the application, it would be in compliance with the obligations governing legal publicity if it was constituted under the statutes of Québec; the document must be issued by the competent authority in that jurisdiction and state that the partnership or legal person is in compliance with the laws of that jurisdiction;

(k)  the answers to the following questions concerning the merchant, concerning the person, in the case of a sole proprietorship, or concerning each partner and director:

i.  whether they are an undischarged bankrupt;

ii.  whether they have been found guilty, in the 3 preceding years, of an offence against an Act or regulation under the administration of the Office de la protection du consommateur or of an indictable criminal offence, unless a pardon has been obtained;

iii.  if the answer to one of the questions in subparagraphs i and ii is affirmative, the name of the person concerned, the nature of the offence, the date of the judgment and the court file number;

(l)  at the request of the president, a copy of the contract that the merchant intends to enter into with consumers.

Every application for a permit must be submitted with the duties payable and the security required under Division II of Chapter VIII, along with a statement that the information provided pursuant to sections 94 to 94.02 is true, and be signed by the natural person making the application.

O.C. 495-2010, s. 18.