P-40.1 - Consumer Protection Act

Section 58 Disposition versions

2024-11-07

58. The contract must be evidenced in writing and indicate:

(a)  the itinerant merchant’s permit number;

(b)  the name, address and telephone number and, where applicable, the electronic address and fax number of each establishment of the itinerant merchant in Québec and each representative of the itinerant merchant who signed the contract;

(b.1)  the name, address and telephone number and, where applicable, the electronic address and fax number of the consumer;

(c)  the date on which the contract is made and the address where it is signed;

(d)  the description and quantity of the goods that are the object of the contract, the year of the model or any other distinguishing mark, and the duration of each service provided for by the contract;

(e)  the cash price of each item of goods or services;

(f)  the amounts of all duties chargeable under any federal or provincial Act;

(g)  the total amount the consumer must pay under the contract or, in the case of an indeterminate-term contract, the total amount the consumer must pay each month under the contract, even if the instalments are calculated on a basis other than a monthly basis;

(g.1)  where applicable, the terms and conditions of payment;

(g.2)  the frequency and dates of all deliveries of goods and the frequency and dates of all performances of services, as well as the date by which delivery or performance must be completed;

(g.3)  where applicable, a description of all goods received as a trade-in or on account, their quantity, and the price agreed for each item;

(h)  the right granted to the consumer to cancel the contract at his sole discretion within ten days after that on which each of the parties is in possession of a duplicate of the contract;

(i)  any other information prescribed by regulation.

The merchant must attach a Statement of consumer cancellation rights and cancellation form in conformity with the model prescribed by regulation to the duplicate of the contract which he remits to the consumer.

1978, c. 9, s. 58; 1998, c. 6, s. 2; 2017, c. 24, s. 6; 2024, c. 32, s. 7.

2019-08-01

58. The contract must be evidenced in writing and indicate:

(a)  the itinerant merchant’s permit number;

(b)  the name, address and telephone number and, where applicable, the electronic address and fax number of each establishment of the itinerant merchant in Québec and each representative of the itinerant merchant who signed the contract;

(b.1)  the name, address and telephone number and, where applicable, the electronic address and fax number of the consumer;

(c)  the date on which the contract is made and the address where it is signed;

(d)  the description and quantity of the goods that are the object of the contract, the year of the model or any other distinguishing mark, and the duration of each service provided for by the contract;

(e)  the cash price of each item of goods or services;

(f)  the amounts of all duties chargeable under any federal or provincial Act;

(g)  the total amount the consumer must pay under the contract;

(g.1)  where applicable, the terms and conditions of payment; in the case of a contract of credit, the terms and conditions of payment must be stated in the manner prescribed in section 115, 125, 134 or 150;

(g.2)  the frequency and dates of all deliveries of goods and the frequency and dates of all performances of services, as well as the date by which delivery or performance must be completed;

(g.3)  where applicable, a description of all goods received as a trade-in or on account, their quantity, and the price agreed for each item;

(h)  the right granted to the consumer to cancel the contract at his sole discretion within ten days after that on which each of the parties is in possession of a duplicate of the contract;

(i)  any other information prescribed by regulation.

The merchant must attach a Statement of consumer cancellation rights and cancellation form in conformity with the model prescribed by regulation to the duplicate of the contract which he remits to the consumer.

1978, c. 9, s. 58; 1998, c. 6, s. 2; 2017, c. 24, s. 6.

1998-08-01

58. The contract must be evidenced in writing and indicate:

(a)  the itinerant merchant’s permit number;

(b)  the name, address and telephone number and, where applicable, the electronic address and fax number of each establishment of the itinerant merchant in Québec and each representative of the itinerant merchant who signed the contract;

(b.1)  the name, address and telephone number and, where applicable, the electronic address and fax number of the consumer;

(c)  the date on which the contract is made and the address where it is signed;

(d)  the description and quantity of the goods that are the object of the contract, the year of the model or any other distinguishing mark, and the duration of each service provided for by the contract;

(e)  the cash price of each item of goods or services;

(f)  the amounts of all duties chargeable under any federal or provincial Act;

(g)  the total amount the consumer must pay under the contract;

(g.1)  where applicable, the terms and conditions of payment; in the case of a contract of credit, the terms and conditions of payment are set out as provided in Schedule 3, 5 or 7;

(g.2)  the frequency and dates of all deliveries of goods and the frequency and dates of all performances of services, as well as the date by which delivery or performance must be completed;

(g.3)  where applicable, a description of all goods received as a trade-in or on account, their quantity, and the price agreed for each item;

(h)  the right granted to the consumer to cancel the contract at his sole discretion within ten days after that on which each of the parties is in possession of a duplicate of the contract;

(i)  any other information prescribed by regulation.

The merchant must attach a Statement of consumer cancellation rights and cancellation form in conformity with the model in Schedule 1 to the duplicate of the contract which he remits to the consumer.

1978, c. 9, s. 58; 1998, c. 6, s. 2.

1980-04-30

58. The contract must be evidenced in writing and indicate:

(a)  the itinerant merchant’s permit number;

(b)  the name and address of the consumer, of the itinerant merchant and, where applicable, that of his representative;

(c)  the date of the contract and the address where it is signed;

(d)  the description of the object of the contract, including, as the case may be, the year of the model or any other distinguishing mark;

(e)  the cash price of each item of goods or services;

(f)  the chargeable duties under any federal or provincial act;

(g)  the total amount the consumer must pay under the contract;

(h)  the right granted to the consumer to cancel the contract at his sole discretion within ten days after that on which each of the parties is in possession of a duplicate of the contract;

(i)  any other information prescribed by regulation.

The merchant must attach a form in conformity with the model in Schedule 1 to the duplicate of the contract which he remits to the consumer.

1978, c. 9, s. 58.