P-40 - Consumer Protection Act

Section 1 Disposition versions

1977-12-31

1. In this act, unless the context indicates a different meaning, the following expressions and words mean:

(a)  “address”

(1)  of merchant: the place of his business establishment or office indicated in the contract or of such new place of which he subsequently notifies the consumer;

(2)  of consumer: the place of his usual residence indicated in the contract or such new residence of which he subsequently notifies the merchant.

A post office box is not an address within the meaning of this act.

(b)  “used automobile” : any vehicle propelled by any power other than muscular force, and adapted for transportation on the public highways, in fields or forest, which has been used for any purpose other than for its delivery or reconditioning by the manufacturer or vendor, or by his agent or representative;

(c)  “goods” : any moveable property or service which is the object of a contract;

(d)  “consumer” : any physical person who is a party to a contract in a capacity other than that of merchant;

(e)  “contract” : any contract contemplated in Division III or V made between a consumer and a merchant in the course of his business;

(f)  “credit” : the right granted by a merchant to a consumer to perform an obligation within a term, for a charge;

(g)  “director” : the director of the Office de la protection du consommateur;

(h)  “duties payable” : any duties payable under a federal or provincial act;

(i)  “Minister” : the Minister of Consumer Affairs, Cooperatives and Financial Institutions;

(j)  “principal obligation” : the delivery of goods or the performance of a service;

(k)  “Bureau” : the Office de la protection du consommateur established by this act;

(l)  “period” : any length of time not exceeding five weeks;

(m)  “permit” : a permit required by this act;

(n)  “cash price” : the price at which goods or services are offered to a consumer who receives no credit when the contract is entered into;

(o)  “regulation” : any regulation made under this act by the Gouvernement;

(p)  “credit rate” : the actual annual percentage of the credit charge calculated in accordance with the regulations;

(q)  “vendor” : any merchant who makes sales in the course of his business;

(r)  “itinerant vendor” : any vendor who, elsewhere than at his address, solicits the signing of a contract of sale from a specified consumer or makes a similar contract with a consumer;

(s)  “sale” : a sale pure and simple, a conditional sale, an instalment sale, an exchange, a lease and any other contract under which, for a price or for any other consideration, one party delivers or binds himself to deliver goods or furnishes or binds himself to furnish services to another person, and any contract whereby one person grants to another the enjoyment of a thing during a certain time, for a rental or price which the latter binds himself to pay to him;

(t)  “down payment” :

(1)  the amount of money,

(2)  the value of a negotiable instrument payable on demand, or

(3)  the agreed value of goods given on account at the time of the contract.

In this act the word “merchant” includes any person doing business or extending credit in the course of his business.

1971, c. 74, s. 1; 1975, c. 76, s. 11; 1977, c. 5, s. 14.