Consumer Protection Act (chapter P-40.1).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Act is organised in VI Titles and 11 Schedules. This Act applies to every contract for goods or services entered into between a consumer and a merchant in the course of his business. Notwithstanding section 128 of the Cooperatives Act (chapter C-67.2), cooperatives are subject to the application of this Act. Non-profit legal persons cannot invoke their non-profit status to avoid the application of this Act and the Government and the Government departments and agencies are also subject to the application of this Act.
Title I, concerns contracts regarding goods and services. Chapter I contains general provisions, these include: conditions to obtain nullity or obtain a reduction of consumer’s obligations, prohibited contracts. Chapter II concerns the rules governing the making of certain contracts in respect of which Title I requires a writing. Chapter III contain provisions related to warranties, distance contracts, contracts entered into by itinerant merchants, contracts of credit, long term lease of goods and other contracts types.
Title II is on business practices, Title III concerns sums transferred to trust, these include any sum of money received by a merchant from a consumer before the making of a contract, any sum of money collected from a consumer by a merchant under a contract contemplated in section 56 (itinerant merchant), and any sum of money collected from a consumer by a merchant under a contract that stipulates that the principal obligation of the merchant is to be performed more than two months after the contract is made. Title III.2 concerns the administration of sums collected in respect of additional warranties and this title applies to every merchant required to hold a permit under paragraph d) of section 321. Title III.3 provides special provisions respecting road vehicle dealers and recyclers. Title IV contains provisions on proof procedure and penalties.
Title V regulates the administration of the Act, Tribunal and office competence and provides rules for permits discipline. When the merchant does not hold the permit required by this Act, a consumer may apply to have the contract annulled. The following person 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.
Title I, concerns contracts regarding goods and services. Chapter I contains general provisions, these include: conditions to obtain nullity or obtain a reduction of consumer’s obligations, prohibited contracts. Chapter II concerns the rules governing the making of certain contracts in respect of which Title I requires a writing. Chapter III contain provisions related to warranties, distance contracts, contracts entered into by itinerant merchants, contracts of credit, long term lease of goods and other contracts types.
Title II is on business practices, Title III concerns sums transferred to trust, these include any sum of money received by a merchant from a consumer before the making of a contract, any sum of money collected from a consumer by a merchant under a contract contemplated in section 56 (itinerant merchant), and any sum of money collected from a consumer by a merchant under a contract that stipulates that the principal obligation of the merchant is to be performed more than two months after the contract is made. Title III.2 concerns the administration of sums collected in respect of additional warranties and this title applies to every merchant required to hold a permit under paragraph d) of section 321. Title III.3 provides special provisions respecting road vehicle dealers and recyclers. Title IV contains provisions on proof procedure and penalties.
Title V regulates the administration of the Act, Tribunal and office competence and provides rules for permits discipline. When the merchant does not hold the permit required by this Act, a consumer may apply to have the contract annulled. The following person 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.
Attached files
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Notes
Updated to 31 October 2020.
Repealed
No
Source language
English
Legislation Amendment
No