P-40.1 - Consumer Protection Act

Article 98 Versions de la disposition

2025-08-07

98. If the parties to a credit contract wish to amend certain provisions of the contract, the amendment must be evidenced in a new contract or in a rider to the original contract. In the latter case, the merchant must give the consumer copies, in paper form, of the rider and of any other document signed by the consumer on the making of the rider. However, these documents may be sent to the technological address provided for that purpose by the consumer, if expressly authorized by the latter. The documents sent in such a manner must be easy for the consumer to retain and print.

An amendment that has the effect of increasing the credit rate or credit charges may be made only at the consumer’s request. In that case, the new contract or the rider must contain the following information:

a)  the identification of the original contract and of any rider to that contract;

b)  the balance owing under the contract before the amendment of the contract;

c)  in the case of a contract for the loan of money or a contract involving credit, the net capital, and the newly agreed credit charges and credit rate;

d)  in the case of an open credit contract, the net capital, if applicable, as well as the newly agreed credit rate and examples of credit charges presented in a chart;

e)  except in the case of an open credit contract, the new amount of the consumer’s total obligation and the new terms and conditions of payment; and

f)  any other information prescribed by regulation.

When amendments are evidenced in a rider and the credit rate or credit charges are increased, the amendments must be expressly consented to by the consumer.

The change in the credit rate of a contract with a variable credit rate does not constitute a modification to the provisions of the contract.

1978, c. 9, s. 98; 2017, c. 24, s. 16; 2024, c. 32, s. 17.

2019-08-01

98. If the parties to a contract of credit wish to amend certain provisions of the contract and if the credit rate or the credit charges are thereby increased, they must execute a new contract containing

a)  the identification of the original contract;

b)  the amount exacted from the consumer to discharge, before maturity, his obligation under the original contract;

c)  the net capital, the credit charges and the credit rate; and

d)  the amount of the consumer’s total obligation and the terms and conditions of payment.

The change in the credit rate of a contract with a variable credit rate does not constitute a modification to the provisions of the contract.

1978, c. 9, s. 98; 2017, c. 24, s. 16.

1980-04-30

98. If the parties to a contract of credit wish to amend certain provisions of the contract and if the credit rate or the credit charges are thereby increased, they must execute a new contract containing

a)  the identification of the original contract;

b)  the amount exacted from the consumer to discharge, before maturity, his obligation under the original contract;

c)  the net capital, the credit charges and the credit rate; and

d)  the amount of the consumer’s total obligation and the terms and conditions of payment.

1978, c. 9, s. 98.