P-40.1 - Consumer Protection Act

Section 1 Disposition versions

2018-06-06

1. In this Act, unless the context indicates otherwise,

(a)  “address”

i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;

ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;

iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;

(b)  “automobile” means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;

(c)  “used automobile” or “used motorcycle” means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;

(d)  “goods” means any movable property and, to the extent required for the application of section 6.1, any immovable property;

(d.1)  “ticket” means any document or instrument that, on presentation, grants the ticket holder admission to a show, sporting event, cultural event, exhibition or any other kind of entertainment;

(e)  “consumer” means a natural person, except a merchant who obtains goods or services for the purposes of his business;

(e.1)  “contract of additional warranty” means a contract under which a merchant binds himself toward a consumer to assume directly or indirectly all or part of the costs of repairing or replacing goods or a part thereof in the event that they are defective or malfunction, otherwise than under a basic conventional warranty given gratuitously to every consumer who purchases the goods or has them repaired;

(f)  “credit” means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;

(g)  “manufacturer” means a person in the business of assembling, producing or processing goods, and, in particular,

i.  a person who represents himself to the public as the manufacturer of goods;

ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;

(h)  “advertisement” means a message designed to promote goods, services or an organization in Québec;

(i)  “Minister” means the Minister of Justice;

(j)  “Office” means the Office de la protection du consommateur established under section 291;

(k)  “permit” means a permit required by this Act;

(l)  “president” means the president of the Office;

(m)  “advertiser” means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;

(n)  “regulation” means a regulation made by the Government under this Act;

(o)  “representative” means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;

(o.1)  “road vehicle” means a road vehicle within the meaning of the Highway Safety Code (chapter C-24.2);

(p)  (subparagraph repealed).

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

1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269; 1988, c. 45, s. 1; 1994, c. 12, s. 69; 1996, c. 21, s. 64; 2005, c. 24, s. 48; 2009, c. 51, s. 1; 2015, c. 4, s. 1; 2018, c. 14, s. 8.

2015-10-19

1. In this Act, unless the context indicates otherwise,

(a)  “address”

i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;

ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;

iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;

(b)  “automobile” means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;

(c)  “used automobile” or “used motorcycle” means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;

(d)  “goods” means any movable property and, to the extent required for the application of section 6.1, any immovable property;

(e)  “consumer” means a natural person, except a merchant who obtains goods or services for the purposes of his business;

(e.1)  “contract of additional warranty” means a contract under which a merchant binds himself toward a consumer to assume directly or indirectly all or part of the costs of repairing or replacing goods or a part thereof in the event that they are defective or malfunction, otherwise than under a basic conventional warranty given gratuitously to every consumer who purchases the goods or has them repaired;

(f)  “credit” means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;

(g)  “manufacturer” means a person in the business of assembling, producing or processing goods, and, in particular,

i.  a person who represents himself to the public as the manufacturer of goods;

ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;

(h)  “advertisement” means a message designed to promote goods, services or an organization in Québec;

(i)  “Minister” means the Minister of Justice;

(j)  “Office” means the Office de la protection du consommateur established under section 291;

(k)  “permit” means a permit required by this Act;

(l)  “president” means the president of the Office;

(m)  “advertiser” means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;

(n)  “regulation” means a regulation made by the Government under this Act;

(o)  “representative” means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;

(o.1)  “road vehicle” means a road vehicle within the meaning of the Highway Safety Code (chapter C-24.2);

(p)  (subparagraph repealed).

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

1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269; 1988, c. 45, s. 1; 1994, c. 12, s. 69; 1996, c. 21, s. 64; 2005, c. 24, s. 48; 2009, c. 51, s. 1; 2015, c. 4, s. 1.

2010-06-30

1. In this Act, unless the context indicates otherwise,

(a)  “address”

i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;

ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;

iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;

(b)  “automobile” means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;

(c)  “used automobile” or “used motorcycle” means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;

(d)  “goods” means any movable property and, to the extent required for the application of section 6.1, any immovable property;

(e)  “consumer” means a natural person, except a merchant who obtains goods or services for the purposes of his business;

(e.1)  “contract of additional warranty” means a contract under which a merchant binds himself toward a consumer to assume directly or indirectly all or part of the costs of repairing or replacing goods or a part thereof in the event that they are defective or malfunction, otherwise than under a basic conventional warranty given gratuitously to every consumer who purchases the goods or has them repaired;

(f)  “credit” means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;

(g)  “manufacturer” means a person in the business of assembling, producing or processing goods, and, in particular,

i.  a person who represents himself to the public as the manufacturer of goods;

ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;

(h)  “advertisement” means a message designed to promote goods, services or an organization in Québec;

(i)  “Minister” means the Minister of Justice;

(j)  “Office” means the Office de la protection du consommateur established under section 291;

(k)  “permit” means a permit required by this Act;

(l)  “president” means the president of the Office;

(m)  “advertiser” means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;

(n)  “regulation” means a regulation made by the Government under this Act;

(o)  “representative” means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;

(p)  (subparagraph repealed).

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

1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269; 1988, c. 45, s. 1; 1994, c. 12, s. 69; 1996, c. 21, s. 64; 2005, c. 24, s. 48; 2009, c. 51, s. 1.

2005-06-17

1. In this Act, unless the context indicates otherwise,

(a)  “address”

i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;

ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;

iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;

(b)  “automobile” means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;

(c)  “used automobile” or “used motorcycle” means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;

(d)  “goods” means any movable property and, to the extent required for the application of section 6.1, any immovable property;

(e)  “consumer” means a natural person, except a merchant who obtains goods or services for the purposes of his business;

(f)  “credit” means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;

(g)  “manufacturer” means a person in the business of assembling, producing or processing goods, and, in particular,

i.  a person who represents himself to the public as the manufacturer of goods;

ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;

(h)  “advertisement” means a message designed to promote goods, services or an organization in Québec;

(i)  “Minister” means the Minister of Justice;

(j)  “Office” means the Office de la protection du consommateur established under section 291;

(k)  “permit” means a permit required by this Act;

(l)  “president” means the president of the Office;

(m)  “advertiser” means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;

(n)  “regulation” means a regulation made by the Government under this Act;

(o)  “representative” means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;

(p)  (subparagraph repealed).

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

1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269; 1988, c. 45, s. 1; 1994, c. 12, s. 69; 1996, c. 21, s. 64; 2005, c. 24, s. 48.

1996-09-04

1. In this Act, unless the context indicates otherwise,

(a)  “address”

i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;

ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;

iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;

(b)  “automobile” means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;

(c)  “used automobile” or “used motorcycle” means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;

(d)  “goods” means any movable property and, to the extent required for the application of section 6.1, any immovable property;

(e)  “consumer” means a natural person, except a merchant who obtains goods or services for the purposes of his business;

(f)  “credit” means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;

(g)  “manufacturer” means a person in the business of assembling, producing or processing goods, and, in particular,

i.  a person who represents himself to the public as the manufacturer of goods;

ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;

(h)  “advertisement” means a message designed to promote goods, services or an organization in Québec;

(i)  “Minister” means the Minister of Relations with the Citizens and Immigration;

(j)  “Office” means the Office de la protection du consommateur established under section 291;

(k)  “permit” means a permit required by this Act;

(l)  “president” means the president of the Office;

(m)  “advertiser” means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;

(n)  “regulation” means a regulation made by the Government under this Act;

(o)  “representative” means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;

(p)  (subparagraph repealed).

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

1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269; 1988, c. 45, s. 1; 1994, c. 12, s. 69; 1996, c. 21, s. 64.

The Minister of Justice exercises the functions of the Minister of Relations with the Citizens and Immigration provided for in this Act. Order in Council 121-2005 dated 18 February 2005, (2005) 137 G.O. 2 (French), 874.

1994-06-17

1. In this Act, unless the context indicates otherwise,

(a)  “address”

i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;

ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;

iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;

(b)  “automobile” means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;

(c)  “used automobile” or “used motorcycle” means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;

(d)  “goods” means any movable property and, to the extent required for the application of section 6.1, any immovable property;

(e)  “consumer” means a natural person, except a merchant who obtains goods or services for the purposes of his business;

(f)  “credit” means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;

(g)  “manufacturer” means a person in the business of assembling, producing or processing goods, and, in particular,

i.  a person who represents himself to the public as the manufacturer of goods;

ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;

(h)  “advertisement” means a message designed to promote goods, services or an organization in Québec;

(i)  “Minister” means the Minister of Justice;

(j)  “Office” means the Office de la protection du consommateur established under section 291;

(k)  “permit” means a permit required by this Act;

(l)  “president” means the president of the Office;

(m)  “advertiser” means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;

(n)  “regulation” means a regulation made by the Government under this Act;

(o)  “representative” means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;

(p)  (subparagraph repealed).

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

1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269; 1988, c. 45, s. 1; 1994, c. 12, s. 69.

1988-12-14

1. In this Act, unless the context indicates otherwise,

(a)  “address”

i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;

ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;

iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;

(b)  “automobile” means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;

(c)  “used automobile” or “used motorcycle” means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;

(d)  “goods” means any movable property and, to the extent required for the application of section 6.1, any immovable property;

(e)  “consumer” means a natural person, except a merchant who obtains goods or services for the purposes of his business;

(f)  “credit” means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;

(g)  “manufacturer” means a person in the business of assembling, producing or processing goods, and, in particular,

i.  a person who represents himself to the public as the manufacturer of goods;

ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;

(h)  “advertisement” means a message designed to promote goods, services or an organization in Québec;

(i)  “Minister” means the Minister of Housing and Consumer Protection;

(j)  “Office” means the Office de la protection du consommateur established under section 291;

(k)  “permit” means a permit required by this Act;

(l)  “president” means the president of the Office;

(m)  “advertiser” means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;

(n)  “regulation” means a regulation made by the Government under this Act;

(o)  “representative” means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;

(p)  (subparagraph repealed).

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

1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269; 1988, c. 45, s. 1.

1988-06-15

1. In this Act, unless the context indicates otherwise,

(a)  “address”

i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;

ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;

iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;

(b)  “automobile” means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;

(c)  “used automobile” or “used motorcycle” means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;

(d)  “goods” means any movable property and, to the extent required for the application of section 6.1, any immovable property;

(e)  “consumer” means a natural person, except a merchant who obtains goods or services for the purposes of his business;

(f)  “credit” means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;

(g)  “manufacturer” means a person in the business of assembling, producing or processing goods, and, in particular,

i.  a person who represents himself to the public as the manufacturer of goods;

ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;

(h)  “advertisement” means a message designed to promote goods, services or an organization in Québec;

(i)  “Minister” means the Minister of Housing and Consumer Protection;

(j)  “Office” means the Office de la protection du consommateur established under section 291;

(k)  “permit” means a permit required by this Act;

(l)  “president” means the president of the Office;

(m)  “advertiser” means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;

(n)  “regulation” means a regulation made by the Government under this Act;

(o)  “representative” means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;

(p)  “vice-president” means the vice-president of the Office.

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

1978, c. 9, s. 1; 1981, c. 10, s. 19; 1985, c. 34, s. 269.

1981-06-18

1. In this Act, unless the context indicates otherwise,

(a)  “address”

i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;

ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;

iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;

(b)  “automobile” means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;

(c)  “used automobile” or “used motorcycle” means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;

(d)  “goods” means any moveable property;

(e)  “consumer” means a natural person, except a merchant who obtains goods or services for the purposes of his business;

(f)  “credit” means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;

(g)  “manufacturer” means a person in the business of assembling, producing or processing goods, and, in particular,

i.  a person who represents himself to the public as the manufacturer of goods;

ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;

(h)  “advertisement” means a message designed to promote goods, services or an organization in Québec;

(i)  “Minister” means the Minister of Housing and Consumer Protection;

(j)  “Office” means the Office de la protection du consommateur established under section 291;

(k)  “permit” means a permit required by this Act;

(l)  “president” means the president of the Office;

(m)  “advertiser” means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;

(n)  “regulation” means a regulation made by the Government under this Act;

(o)  “representative” means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;

(p)  “vice-president” means the vice-president of the Office.

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

1978, c. 9, s. 1; 1981, c. 10, s. 19.

1979-04-04

1. In this act, unless the context indicates otherwise,

In force: 1980-04-30

(a)  “address”

i.  of the merchant means the place of his establishment or office indicated in the contract, or of a new establishment or office of which he subsequently notifies the consumer, except a post office box;

ii.  of the manufacturer means the place of one of his establishments in Canada, except a post office box;

iii.  of the consumer means the place of his usual residence indicated in the contract, or of a new residence of which he subsequently notifies the merchant;

In force: 1980-04-30

(b)  “automobile” means a vehicle propelled by any power other than muscular force and adapted for transportation on the public highways, except a moped or a motorcycle;

In force: 1980-04-30

(c)  “used automobile” or “used motorcycle” means an automobile or a motorcycle which has been used for any purpose other than its delivery or preparation for delivery by the merchant, the manufacturer or their representative;

In force: 1980-04-30

(d)  “goods” means any moveable property;

In force: 1980-04-30

(e)  “consumer” means a natural person, except a merchant who obtains goods or services for the purposes of his business;

In force: 1980-04-30

(f)  “credit” means the right granted by a merchant to a consumer to perform an obligation within a term in consideration of certain charges;

In force: 1980-04-30

(g)  “manufacturer” means a person in the business of assembling, producing or processing goods, and, in particular,

i.  a person who represents himself to the public as the manufacturer of goods;

ii.  where the manufacturer has no establishment in Canada, a person who imports or distributes goods manufactured outside Canada or a person who allows his trademark to be used on goods;

In force: 1980-04-30

(h)  “advertisement” means a message designed to promote goods, services or an organization in Québec;

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

(j)  “Office” means the Office de la protection du consommateur established under section 291;

In force: 1980-04-30

(k)  “permit” means a permit required by this act;

(l)  “president” means the president of the Office;

In force: 1980-04-30

(m)  “advertiser” means a person who prepares, publishes or broadcasts an advertisement or who causes an advertisement to be prepared, published or broadcast;

In force: 1980-04-30

(n)  “regulation” means a regulation made by the Government under this act;

In force: 1980-04-30

(o)  “representative” means a person acting for a merchant or a manufacturer or regarding whom a merchant or a manufacturer has given reasonable cause to believe that such person is acting for him;

(p)  “vice-president” means the vice-president of the Office.

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

1978, c. 9, s. 1.