P-40.1 - Consumer Protection Act

Section 188 Disposition versions

2020-06-15

188. For the purpose of this division, every person offering or providing any of the services referred to in section 189 is considered to be a merchant, except:

(a)  school service centres, school boards and the educational institutions under their authority;

(b)  general and vocational colleges;

(c)  universities;

(d)  faculties, schools or institutes of a university that are administered by a legal person distinct from that which administers the university;

(e)  educational institutions governed by the Act respecting private education (chapter E-9.1), for educational service contracts subject thereto;

(f)  (paragraph repealed);

(f.1)  institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1), for the subsidized teaching they provide;

(g)  Government departments and schools administered by the Government or by one of the Government departments;

(g.1)  the Conservatoire de musique et d’art dramatique du Québec established under the Act respecting the Conservatoire de musique et d’art dramatique du Québec (chapter C-62.1);

(h)  municipalities;

(i)  persons who are members of a professional order governed by the Professional Code (chapter C-26);

(j)  persons and classes of persons who carry on an activity referred to in section 189 without demanding or receiving any remuneration, directly or indirectly; and

(k)  persons and classes of persons specified by regulation.

1978, c. 9, s. 188; 1988, c. 84, s. 700; 1989, c. 17, s. 12; 1992, c. 68, s. 151; 1994, c. 15, s. 33; 1994, c. 40, s. 457; 1994, c. 2, s. 78; 1996, c. 2, s. 791; 1996, c. 21, s. 70; 1997, c. 96, s. 193; 1999, c. 40, s. 234; 1994, c. 2, s. 78; 2020, c. 1, s. 310.

2007-03-31

188. For the purpose of this division, every person offering or providing any of the services referred to in section 189 is considered to be a merchant, except:

(a)  school boards and the educational institutions under their authority;

(b)  general and vocational colleges;

(c)  universities;

(d)  faculties, schools or institutes of a university that are administered by a legal person distinct from that which administers the university;

(e)  educational institutions governed by the Act respecting private education (chapter E-9.1), for educational service contracts subject thereto;

(f)  (paragraph repealed);

(f.1)  institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1), for the subsidized teaching they provide;

(g)  Government departments and schools administered by the Government or by one of the Government departments;

(g.1)  the Conservatoire de musique et d’art dramatique du Québec established under the Act respecting the Conservatoire de musique et d’art dramatique du Québec (chapter C-62.1);

(h)  municipalities;

(i)  persons who are members of a professional order governed by the Professional Code (chapter C-26);

(j)  persons and classes of persons who carry on an activity referred to in section 189 without demanding or receiving any remuneration, directly or indirectly; and

(k)  persons and classes of persons specified by regulation.

1978, c. 9, s. 188; 1988, c. 84, s. 700; 1989, c. 17, s. 12; 1992, c. 68, s. 151; 1994, c. 15, s. 33; 1994, c. 40, s. 457; 1994, c. 2, s. 78; 1996, c. 2, s. 791; 1996, c. 21, s. 70; 1997, c. 96, s. 193; 1999, c. 40, s. 234; 1994, c. 2, s. 78.

1999-10-22

188. For the purpose of this division, every person offering or providing any of the services referred to in section 189 is considered to be a merchant, except:

(a)  school boards and the educational institutions under their authority;

(b)  general and vocational colleges;

(c)  universities;

(d)  faculties, schools or institutes of a university that are administered by a legal person distinct from that which administers the university;

(e)  educational institutions governed by the Act respecting private education (chapter E-9.1), for educational service contracts subject thereto;

(f)  (paragraph repealed);

(f.1)  institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1), for the subsidized teaching they provide;

(g)  Government departments and schools administered by the Government or by one of the Government departments;

Not in force

(g.1)  the Conservatoire de musique et d’art dramatique du Québec established under the Act respecting the Conservatoire de musique et d’art dramatique du Québec (chapter C-62.1);

(h)  municipalities;

(i)  persons who are members of a professional order governed by the Professional Code (chapter C-26);

(j)  persons and classes of persons who carry on an activity referred to in section 189 without demanding or receiving any remuneration, directly or indirectly; and

(k)  persons and classes of persons specified by regulation.

1978, c. 9, s. 188; 1988, c. 84, s. 700; 1989, c. 17, s. 12; 1992, c. 68, s. 151; 1994, c. 15, s. 33; 1994, c. 40, s. 457; 1994, c. 2, s. 78; 1996, c. 2, s. 791; 1996, c. 21, s. 70; 1997, c. 96, s. 193; 1999, c. 40, s. 234.

1998-07-01

188. For the purpose of this division, every person offering or providing any of the services referred to in section 189 is considered to be a merchant, except:

(a)  school boards and the educational institutions under their authority;

(b)  general and vocational colleges;

(c)  universities;

(d)  faculties, schools or institutes of a university that are administered by a corporation distinct from that which administers the university;

(e)  educational institutions governed by the Act respecting private education (chapter E-9.1), for educational service contracts subject thereto;

(f)  (paragraph repealed);

(f.1)  institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1), for the subsidized teaching they provide;

(g)  Government departments and schools administered by the Government or by one of the Government departments;

Not in force

(g.1)  the Conservatoire de musique et d’art dramatique du Québec established under the Act respecting the Conservatoire de musique et d’art dramatique du Québec (chapter C-62.1);

(h)  municipalities;

(i)  persons who are members of a professional order governed by the Professional Code (chapter C-26);

(j)  persons and classes of persons who carry on an activity referred to in section 189 without demanding or receiving any remuneration, directly or indirectly; and

(k)  persons and classes of persons specified by regulation.

1978, c. 9, s. 188; 1988, c. 84, s. 700; 1989, c. 17, s. 12; 1992, c. 68, s. 151; 1994, c. 15, s. 33; 1994, c. 40, s. 457; 1994, c. 2, s. 78; 1996, c. 2, s. 791; 1996, c. 21, s. 70; 1997, c. 96, s. 193.

1996-09-04

188. For the purpose of this division, every person offering or providing any of the services referred to in section 189 is considered to be a merchant, except:

(a)  school boards and the schools under their authority;

(b)  general and vocational colleges;

(c)  universities;

(d)  faculties, schools or institutes of a university that are administered by a corporation distinct from that which administers the university;

(e)  educational institutions governed by the Act respecting private education (chapter E-9.1), for educational service contracts subject thereto;

(f)  (paragraph repealed);

(f.1)  institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1), for the subsidized teaching they provide;

(g)  Government departments and schools administered by the Government or by one of the Government departments;

Not in force

(g.1)  the Conservatoire de musique et d’art dramatique du Québec established under the Act respecting the Conservatoire de musique et d’art dramatique du Québec (chapter C-62.1);

(h)  municipalities;

(i)  persons who are members of a professional order governed by the Professional Code (chapter C-26);

(j)  persons and classes of persons who carry on an activity referred to in section 189 without demanding or receiving any remuneration, directly or indirectly; and

(k)  persons and classes of persons specified by regulation.

1978, c. 9, s. 188; 1988, c. 84, s. 700; 1989, c. 17, s. 12; 1992, c. 68, s. 151; 1994, c. 15, s. 33; 1994, c. 40, s. 457; 1994, c. 2, s. 78; 1996, c. 2, s. 791; 1996, c. 21, s. 70.

1996-05-08

188. For the purpose of this division, every person offering or providing any of the services referred to in section 189 is considered to be a merchant, except:

(a)  school boards and the schools under their authority;

(b)  general and vocational colleges;

(c)  universities;

(d)  faculties, schools or institutes of a university that are administered by a corporation distinct from that which administers the university;

(e)  educational institutions governed by the Act respecting private education (chapter E-9.1), for educational service contracts subject thereto;

(f)  (paragraph repealed);

(f.1)  institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Affaires internationales, de l’Immigration et des Communautés culturelles (chapter M-21.1), for the subsidized teaching they provide;

(g)  Government departments and schools administered by the Government or by one of the Government departments;

Not in force

(g.1)  the Conservatoire de musique et d’art dramatique du Québec established under the Act respecting the Conservatoire de musique et d’art dramatique du Québec (chapter C-62.1);

(h)  municipalities;

(i)  persons who are members of a professional order governed by the Professional Code (chapter C-26);

(j)  persons and classes of persons who carry on an activity referred to in section 189 without demanding or receiving any remuneration, directly or indirectly; and

(k)  persons and classes of persons specified by regulation.

1978, c. 9, s. 188; 1988, c. 84, s. 700; 1989, c. 17, s. 12; 1992, c. 68, s. 151; 1994, c. 15, s. 33; 1994, c. 40, s. 457; 1994, c. 2, s. 78; 1996, c. 2, s. 791.

1994-06-17

188. For the purpose of this division, every person offering or providing any of the services referred to in section 189 is considered to be a merchant, except:

(a)  school boards and the schools under their authority;

(b)  general and vocational colleges;

(c)  universities;

(d)  faculties, schools or institutes of a university that are administered by a corporation distinct from that which administers the university;

(e)  educational institutions governed by the Act respecting private education (chapter E-9.1), for educational service contracts subject thereto;

(f)  (paragraph repealed);

(f.1)  institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Affaires internationales, de l’Immigration et des Communautés culturelles (chapter M-21.1), for the subsidized teaching they provide;

(g)  Government departments and schools administered by the Government or by one of the Government departments;

(h)  municipal corporations;

(i)  persons who are members of a professional corporation governed by the Professional Code (chapter C-26);

(j)  persons and classes of persons who carry on an activity referred to in section 189 without demanding or receiving any remuneration, directly or indirectly; and

(k)  persons and classes of persons specified by regulation.

1978, c. 9, s. 188; 1988, c. 84, s. 700; 1989, c. 17, s. 12; 1992, c. 68, s. 151; 1994, c. 15, s. 33.

1993-07-01

188. For the purpose of this division, every person offering or providing any of the services referred to in section 189 is considered to be a merchant, except:

(a)  school boards and the schools under their authority;

(b)  general and vocational colleges;

(c)  universities;

(d)  faculties, schools or institutes of a university that are administered by a corporation distinct from that which administers the university;

(e)  educational institutions governed by the Act respecting private education (chapter E-9.1), for educational service contracts subject thereto;

(f)  (paragraph repealed);

(f.1)  institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Affaires internationales (chapter M-21.1), for the subsidized teaching they provide;

(g)  Government departments and schools administered by the Government or by one of the Government departments;

(h)  municipal corporations;

(i)  persons who are members of a professional corporation governed by the Professional Code (chapter C-26);

(j)  persons and classes of persons who carry on an activity referred to in section 189 without demanding or receiving any remuneration, directly or indirectly; and

(k)  persons and classes of persons specified by regulation.

1978, c. 9, s. 188; 1988, c. 84, s. 700; 1989, c. 17, s. 12; 1992, c. 68, s. 151.

1989-07-01

188. For the purpose of this division, every person offering or providing any of the services referred to in section 189 is considered to be a merchant, except:

(a)  school boards and the schools under their authority;

(b)  general and vocational colleges;

(c)  universities;

(d)  faculties, schools or institutes of a university that are administered by a corporation distinct from that which administers the university;

(e)  institutions declared to be of public interest in accordance with the Act respecting private education (chapter E-9) for the subsidized teaching they provide;

(f)  institutions recognized for purposes of grants in accordance with the Act respecting private education (chapter E-9) for the subsidized teaching they provide;

(f.1)  institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Affaires internationales (chapter M-21.1), for the subsidized teaching they provide;

(g)  Government departments and schools administered by the Government or by one of the Government departments;

(h)  municipal corporations;

(i)  persons who are members of a professional corporation governed by the Professional Code (chapter C-26);

(j)  persons and classes of persons who carry on an activity referred to in section 189 without demanding or receiving any remuneration, directly or indirectly; and

(k)  persons and classes of persons specified by regulation.

1978, c. 9, s. 188; 1988, c. 84, s. 700; 1989, c. 17, s. 12.

1980-04-30

188. For the purpose of this division, every person offering or providing any of the services referred to in section 189 is considered to be a merchant, except:

(a)  school corporations and the schools under their authority;

(b)  general and vocational colleges;

(c)  universities;

(d)  faculties, schools or institutes of a university that are administered by a corporation distinct from that which administers the university;

(e)  institutions declared to be of public interest in accordance with the Act respecting private education (chapter E-9) for the subsidized teaching they provide;

(f)  institutions recognized for purposes of grants in accordance with the Act respecting private education (chapter E-9) for the subsidized teaching they provide;

(g)  Government departments and schools administered by the Government or by one of the Government departments;

(h)  municipal corporations;

(i)  persons who are members of a professional corporation governed by the Professional Code (chapter C-26);

(j)  persons and classes of persons who carry on an activity referred to in section 189 without demanding or receiving any remuneration, directly or indirectly; and

(k)  persons and classes of persons specified by regulation.

1978, c. 9, s. 188.