P-40.1 - Consumer Protection Act

Full text
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.