The draft regulation under the Consumer Protection Act (Chapter P-40.1) is a proposed legal framework aimed at protecting consumers from planned obsolescence and promoting the durability, reparability, and maintenance of goods. This regulation, designed to complement the existing Consumer Protection Act, focuses on imposing monetary administrative penalties for violations, ensuring that merchants, manufacturers, and credit card issuers comply with consumer protection rules. Its primary goal is to encourage the availability of reliable products, clearer warranties, and easier paths for repairs or maintenance.

The regulation includes specific provisions for penalizing individuals and corporations that violate the Consumer Protection Act, with fines ranging from $300 to $2,500 depending on the severity and nature of the offense. Corporate entities face higher penalties compared to individuals. The issues addressed include general consumer contracts, distance contracts, the repair of household appliances, prepaid card contracts, and long-term leases of goods.

Key areas of regulation cover various aspects. For contracts related to goods and services, merchants must adhere to contractual obligations, provide proper documentation, and avoid improper contract formation, with penalties ranging from $750 to $2,500. Warranties are also emphasized, requiring merchants and manufacturers to honor warranty terms and ensure product durability, with violations leading to fines from $300 to $1,500. Planned obsolescence is a focal point, with manufacturers expected to provide information for repairing or maintaining products, and fines imposed for failing to offer such information. Distance sales, including online transactions, must follow specific rules related to timely contract delivery and return policies, with penalties ranging from $750 to $2,500.

The regulation also addresses prepaid cards and loyalty programs, ensuring transparent terms and preventing hidden fees, with fines up to $2,500. In the area of household appliance repair, merchants are required to provide clear cost estimates and honor repair agreements, with penalties ranging from $750 to $1,500. Credit and debt contracts are another area of focus, with regulations protecting consumers from deceptive lending practices, while timeshare contracts must adhere to transparency and proper documentation standards, with fines for violations between $750 and $2,500.

This draft regulation represents a significant step toward strengthening consumer rights in Quebec by addressing planned obsolescence and promoting product repairability and durability. Through structured penalties, it seeks to hold businesses accountable, fostering a more equitable marketplace for consumers.

Quebec (Draft Regulation) August 21, 2024