Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

P-40.1 - Consumer Protection Act

Section 321
Disposition versions

Full text
321. Subject to the exceptions prescribed by regulation, the following persons must hold a permit:
(a)  every itinerant merchant, except the itinerant merchant who makes a contract contemplated in section 57;
(b)  every merchant who makes contracts of loan of money governed by this Act;
(c)  every merchant who operates a physical fitness studio;
(d)  every merchant who offers or makes a contract of additional warranty relating to an automobile or a motorcycle adapted for transportation on public roads or relating to other property or another class of property defined by regulation, except a contract underwritten by an insurer authorized under the Insurers Act (chapter A-32.1);
(e)  every road vehicle dealer;
(f)  every road vehicle recycler;
(g)  every merchant who enters into a high-cost credit contract; and
(h)  every debt settlement service merchant who offers services described in paragraph a or b of section 214.12.
No person who holds a debt settlement service merchant’s permit may simultaneously hold a permit or certificate issued under the Act respecting the collection of certain debts (chapter R-2.2).
1978, c. 9, s. 321; 1984, c. 47, s. 128; 1988, c. 45, s. 8; 1999, c. 40, s. 234; 2002, c. 45, s. 550; 2004, c. 37, s. 90; 2015, c. 4, s. 9; 2017, c. 24, s. 63; 2018, c. 23, s. 785; 2023, c. 21, s. 24.
321. Subject to the exceptions prescribed by regulation, the following persons must hold a permit:
(a)  every itinerant merchant, except the itinerant merchant who makes a contract contemplated in section 57;
(b)  every merchant who makes contracts of loan of money governed by this Act;
(c)  every merchant who operates a physical fitness studio;
(d)  every merchant who offers or makes a contract of additional warranty relating to an automobile or a motorcycle adapted for transportation on public roads or relating to other property or another class of property defined by regulation, except an insurer authorized under the Insurers Act (chapter A-32.1);
(e)  every road vehicle dealer;
(f)  every road vehicle recycler;
(g)  every merchant who enters into a high-cost credit contract; and
(h)  every debt settlement service merchant who offers services described in paragraph a or b of section 214.12.
No person who holds a debt settlement service merchant’s permit may simultaneously hold a permit or certificate issued under the Act respecting the collection of certain debts (chapter R-2.2).
1978, c. 9, s. 321; 1984, c. 47, s. 128; 1988, c. 45, s. 8; 1999, c. 40, s. 234; 2002, c. 45, s. 550; 2004, c. 37, s. 90; 2015, c. 4, s. 9; 2017, c. 24, s. 63; 2018, c. 23, s. 785.
321. Subject to the exceptions prescribed by regulation, the following persons must hold a permit:
(a)  every itinerant merchant, except the itinerant merchant who makes a contract contemplated in section 57;
(b)  every merchant who makes contracts of loan of money governed by this Act;
(c)  every merchant who operates a physical fitness studio;
(d)  every merchant who offers or makes a contract of additional warranty relating to an automobile or a motorcycle adapted for transportation on public roads or relating to other property or another class of property defined by regulation, except an insurer authorized under the Insurers Act (chapter A-32.1);
(e)  every road vehicle dealer;
(f)  every road vehicle recycler;
In force: 2019-08-01
(g)  every merchant who enters into a high-cost credit contract; and
(h)  every debt settlement service merchant who offers services described in paragraph a or b of section 214.12.
No person who holds a debt settlement service merchant’s permit may simultaneously hold a permit or certificate issued under the Act respecting the collection of certain debts (chapter R-2.2).
1978, c. 9, s. 321; 1984, c. 47, s. 128; 1988, c. 45, s. 8; 1999, c. 40, s. 234; 2002, c. 45, s. 550; 2004, c. 37, s. 90; 2015, c. 4, s. 9; 2017, c. 24, s. 63; 2018, c. 23, s. 785.
321. Subject to the exceptions prescribed by regulation, the following persons must hold a permit:
(a)  every itinerant merchant, except the itinerant merchant who makes a contract contemplated in section 57;
(b)  every merchant who makes contracts of loan of money governed by this Act;
(c)  every merchant who operates a physical fitness studio;
(d)  every merchant who offers or makes a contract of additional warranty relating to an automobile or a motorcycle adapted for transportation on public roads or relating to other property or another class of property defined by regulation, except a legal person authorized to act in Québec as an insurer and holding a permit issued by the Autorité des marchés financiers;
(e)  every road vehicle dealer;
(f)  every road vehicle recycler;
In force: 2019-08-01
(g)  every merchant who enters into a high-cost credit contract; and
(h)  every debt settlement service merchant who offers services described in paragraph a or b of section 214.12.
No person who holds a debt settlement service merchant’s permit may simultaneously hold a permit or certificate issued under the Act respecting the collection of certain debts (chapter R-2.2).
1978, c. 9, s. 321; 1984, c. 47, s. 128; 1988, c. 45, s. 8; 1999, c. 40, s. 234; 2002, c. 45, s. 550; 2004, c. 37, s. 90; 2015, c. 4, s. 9; 2017, c. 24, s. 63.
321. Subject to the exceptions prescribed by regulation, the following persons must hold a permit:
(a)  every itinerant merchant, except the itinerant merchant who makes a contract contemplated in section 57;
(b)  every merchant who makes contracts of loan of money governed by this Act;
(c)  every merchant who operates a physical fitness studio;
(d)  every merchant who offers or makes a contract of additional warranty relating to an automobile or a motorcycle adapted for transportation on public roads or relating to other property or another class of property defined by regulation, except a legal person authorized to act in Québec as an insurer and holding a permit issued by the Autorité des marchés financiers;
(e)  every road vehicle dealer; and
(f)  every road vehicle recycler.
1978, c. 9, s. 321; 1984, c. 47, s. 128; 1988, c. 45, s. 8; 1999, c. 40, s. 234; 2002, c. 45, s. 550; 2004, c. 37, s. 90; 2015, c. 4, s. 9.
321. Subject to the exceptions prescribed by regulation, the following persons must hold a permit:
(a)  every itinerant merchant, except the itinerant merchant who makes a contract contemplated in section 57;
(b)  every merchant who makes contracts of loan of money governed by this Act;
(c)  every merchant who operates a physical fitness studio;
(d)  every merchant who offers or makes a contract of additional warranty relating to an automobile or a motorcycle adapted for transportation on public roads or relating to other property or another class of property defined by regulation, except a legal person authorized to act in Québec as an insurer and holding a permit issued by the Autorité des marchés financiers.
1978, c. 9, s. 321; 1984, c. 47, s. 128; 1988, c. 45, s. 8; 1999, c. 40, s. 234; 2002, c. 45, s. 550; 2004, c. 37, s. 90.
321. Subject to the exceptions prescribed by regulation, the following persons must hold a permit:
(a)  every itinerant merchant, except the itinerant merchant who makes a contract contemplated in section 57;
(b)  every merchant who makes contracts of loan of money governed by this Act;
(c)  every merchant who operates a physical fitness studio;
(d)  every merchant who offers or makes a contract of additional warranty relating to an automobile or a motorcycle adapted for transportation on public roads or relating to other property or another class of property defined by regulation, except a legal person authorized to act in Québec as an insurer and holding a permit issued by the Agence nationale d’encadrement du secteur financier.
1978, c. 9, s. 321; 1984, c. 47, s. 128; 1988, c. 45, s. 8; 1999, c. 40, s. 234; 2002, c. 45, s. 550.
321. Subject to the exceptions prescribed by regulation, the following persons must hold a permit:
(a)  every itinerant merchant, except the itinerant merchant who makes a contract contemplated in section 57;
(b)  every merchant who makes contracts of loan of money governed by this Act;
(c)  every merchant who operates a physical fitness studio;
(d)  every merchant who offers or makes a contract of additional warranty relating to an automobile or a motorcycle adapted for transportation on public roads or relating to other property or another class of property defined by regulation, except a legal person authorized to act in Québec as an insurer and holding a permit issued by the Inspector General of Financial Institutions.
1978, c. 9, s. 321; 1984, c. 47, s. 128; 1988, c. 45, s. 8; 1999, c. 40, s. 234.
321. Subject to the exceptions prescribed by regulation, the following persons must hold a permit:
(a)  every itinerant merchant, except the itinerant merchant who makes a contract contemplated in section 57;
(b)  every merchant who makes contracts of loan of money governed by this Act;
(c)  every merchant who operates a physical fitness studio;
(d)  every merchant who offers or makes a contract of additional warranty relating to an automobile or a motorcycle adapted for transportation on public roads or relating to other property or another class of property defined by regulation, except a corporation authorized to act in Québec as an insurer and holding a permit issued by the Inspector General of Financial Institutions.
1978, c. 9, s. 321; 1984, c. 47, s. 128; 1988, c. 45, s. 8.
321. Subject to the exceptions prescribed by regulation, the following persons must hold a permit:
(a)  every itinerant merchant, except the itinerant merchant who makes a contract contemplated in section 57;
(b)  every merchant who makes contracts of loan of money governed by this Act;
(c)  every merchant who operates a physical fitness studio;
(d)  every merchant who offers or makes a contract of additional warranty relating to an automobile or a motorcycle adapted for transportation on public roads or relating to other property or another class of property defined by regulation, except a corporation authorized to act in Québec as an insurer and holding a permit issued by the Inspector General of Financial Institutions.
For the purposes of this section, “contract of additional warranty” means a contract under which a merchant undertakes, towards a consumer, to assume directly or indirectly, all or part of the costs of repairing or replacing a property or a part thereof in the event of its defect or malfunction, otherwise than under a basic conventional warranty given gratuitously to every consumer who purchases the property or has it repaired.
1978, c. 9, s. 321; 1984, c. 47, s. 128.
321. The following persons must hold a permit:
(a)  every itinerant merchant, except the itinerant merchant who makes a contract contemplated in section 57;
(b)  every merchant who makes contracts of loan of money governed by this act; and
(c)  every merchant who operates a physical fitness studio.
1978, c. 9, s. 321.
© Gouvernement du Québec