An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods

Assent and gradual entry into force of new obligations regarding the quality, durability and repairability of goods and amendments to the Consumer Protection Act

Manufacturers and merchants, get ready…

On October 5, just four months after Bill 29 was introduced in the National Assembly, An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods was passed, bringing significant changes to the Consumer Protection Act (CPA) and its provisions relating to the sale and offer of goods in Quebec by manufacturers and merchants, mainly with respect to product warranties and repairability.

As explained in our previous article on Bill 29, published in June, the Act stems from Quebec’s desire to remain at the forefront of consumer protection and introduces a set of new measures. It would behoove manufacturers and merchants doing business in Quebec to get familiar with them now to start planning for their implementation, as the Act provides for their gradual entry into force.

A number of facets of the new measures remain unknown at this point, as the government plans to issue important regulations to give effect to many of the new obligations imposed on merchants and manufacturers.

A. Planned obsolescence – Effective immediately

Although mentioned in the name of the Act, planned obsolescence is only addressed in a single provision added to Title II Business Practices of the CPA, which states that no person may, by any means, carry on the business of trading in goods for which obsolescence is planned.¹ According to the Act, the obsolescence of goods is planned where a technique aimed at reducing their normal operating life is used on them.²

This provision came into force on October 5, 2023, and immediately prohibits any manufacturer or merchant from trading in a good that is planned to become obsolete.

Although the Act does not define or establish any parameters related to the obsolescence of a good, the interpretation of this provision by the courts, its possible application in civil or criminal matters and future developments in case law will be of great interest.

B. New warranty of good working order – Effective October 2026

The existing legal warranty of quality set out in the Civil Code of Québec and the CPA already provides that goods must be fit for the purposes for which they are normally intended for a reasonable length of time, taking into account their price, their destination and their conditions of use.

The Act modifies the legal warranty of quality by standardizing the length of time that certain goods must be in good working order and by imposing new disclosure requirements regarding the scope of the warranty.

The new provisions of the CPA regarding the duration of the warranty of good working order will come into force in October 2026.

Predetermined duration of warranty of good working order for certain goods: The Act provides that the warranty period for certain specified goods will be determined by regulation.³ Both the manufacturer and the merchant will be liable for the warranty, barring normal maintenance required for the goods, the need for accessories or misuse by the consumer.⁴ The warranty also covers parts and labour⁵ and is effective upon delivery of the goods.⁶

Repair costs: For goods that carry a warranty of good working order for a specified period, the merchant or manufacturer will pay the reasonable cost of transporting or shipping the goods to fulfill the warranty.⁷ The merchant or manufacturer must also pay for the repair or allow the consumer to have the repair done by a third party and assume the cost.⁸

Disclosure of warranty of good working order: The manufacturer must disclose the warranty in the manner and under the conditions prescribed by regulation.⁹

Labelling and display of warranty of good working order: The merchant must indicate the duration of the warranty of good working order near the advertised price of the goods in a prominent manner.¹⁰

The duration of the warranty of good working order of the goods identified in the Act (a range, a refrigerator, a freezer, a dishwasher, a washing machine, a dryer, a television set, a computer, an electronic pad, a cellular telephone, a video game console, an air conditioner,a heat pump or any other goods determined by regulation) is currently unknown and will be determined by regulation at a later date.

Manufacturers and merchants will have three years to revise their documentation, advertising and labelling to indicate the duration of the warranty according to parameters to be determined.

Failure to disclose and indicate the duration of a warranty of good working order in accordance with the specified requirements will constitute a prohibited business practice under the Act.¹¹

C. Repairability of goods – Effective October 2025

The repairability of goods and the availability of replacement parts at reasonable prices are key aspects of the legislative initiative to protect consumers from planned obsolescence and the subject of new obligations in the Act. These new measures are aimed at goods of a nature that requires maintenance, i.e., goods whose use may require the replacement, cleaning or updating of one of their components.¹²

The new provisions of the CPA relating to the repairability of goods will come into force in October 2025.

Repairability of goods: Manufacturers and merchants must ensure that the replacement parts, repair services and information necessary to repair goods of a nature that requires maintenance, including any necessary software, are available at a reasonable price and for a reasonable period of time.¹³ The information necessary for their maintenance or repair must be available in French.¹⁴It must be possible to install the replacement parts using commonly available tools and without causing irreversible damage to the goods.¹⁵ The Act provides that a regulation may specify the cases in which a tool is considered “commonly available.”¹⁶However, subject to any contrary provisions laid down by government regulation, a manufacturer or merchant may be released from the obligation to ensure the availability of measures relating to the repairability of the goods by disclosing this fact in writing to the consumer before entering into the contract.¹⁷

Disclosure of repairability of goods: Before entering into a contract with a consumer, manufacturers and merchants must disclose information on the replacement parts, repair services and information necessary to repair the goods in the manner and under the conditions to be prescribed by regulation.¹⁸

Guarantee of availability of replacement parts: Where applicable, manufacturers and merchants must guarantee the availability of the replacement parts, repair services and information necessary to repair the goods at a reasonable price, i.e., a price that does not discourage the consumer from accessing it¹⁹ A Quebec government regulation will specify cases in which a price is considered to discourage consumer access to replacement parts.²⁰ However, there is an exception for information necessary to maintain or repair the goods, which, if accessible on a technological medium, must be provided free of charge.²¹A measure specific to vehicle data is provided. The Act requires the manufacturer to provide the owner or lessee with access to the vehicle’s data in a readable format for diagnostic, maintenance or repair purposes.²² The Act also stipulates that the manufacturer may not use any technique that makes it more difficult to access the vehicle’s data.²³

If a merchant or manufacturer fails to make available the replacement parts, repair services or information necessary to repair the goods, the consumer may require the merchant or manufacturer to repair the goods.²⁴ The merchant or manufacturer then has 10 days to tell the consumer how long it will take to repair the goods.²⁵ If the merchant fails to respond or does not repair the goods within the specified period, the merchant must replace the goods with new or reconditioned goods of equivalent functionality or reimburse the price.²⁶ In this case, the consumer must return the goods to the merchant or manufacturer.²⁷

The consumer may also decline the merchant’s or manufacturer’s repair offer and have the goods repaired by a third party.²⁸ The merchant or manufacturer is then responsible for the reasonable costs associated with the repair.²⁹

D. Seriously defective vehicles – Effective immediately

In addition to the requirements regarding the duration of the warranty of good working order and the repairability of goods, the Act introduces “lemon law” provisions through the new concept of a “seriously defective vehicle,” which entered into force on October 5, 2023.

A vehicle may now be declared to be seriously defective if, on an application by the consumer to the court, the following criteria are met, creating an irrebuttable presumption (which cannot be overturned) of a latent defect in the vehicle:³⁰

a) attempts to repair one or more defects affecting the automobile have been made under the automobile’s basic conventional warranty given gratuitously by the manufacturer, namely:

i. three unsuccessful attempts for the same defect;

ii. one or two unsuccessful attempts for the same defect where the merchant or the manufacturer responsible for performing the warranty has had the automobile in his possession for more than 30 days. Days on which the merchant or manufacturer is unable to perform the repair due to a shortage of parts may be excluded from this period if a replacement vehicle is provided to the consumer free of charge;

iii. 12 attempts for unrelated defects;

b) the defects have appeared within three years of the first sale or long-term lease of the automobile (to a party other than a merchant authorized by the manufacturer to distribute the automobile) where the automobile has not covered more than 60,000 kilometres; and

c) the defects render the automobile unfit for the purposes for which it is ordinarily intended or substantially diminish its usefulness.

The presumption of a vehicle defect in such circumstances will thus allow consumers to obtain compensation within the parameters of the law.

The Act also contains other new provisions relating to the obligation to disclose, when selling³¹ or advertising³² a vehicle, that it has been declared to be seriously defective.

E. Additional warranties

The Consumer Protection Act already provides a framework for the offer and sale of additional warranties (commonly known as “extended warranties”), with mandatory disclosure and delivery of documentation relating to the legal warranty of quality.

Not surprisingly, the disclosure and documentation requirements in connection with the sale of extended warranties must, where applicable, mention the existence and duration of the warranty of good working order and disclose the information required by regulation,³³ effective October 2026.

The Act also gives consumers the right to terminate an extended warranty contract without cost or penalty within 10 days of its execution by giving the merchant written notice, with immediate effect.³⁴ In October 2026, this period will be extended to one year in certain circumstances, such as where the merchant has failed to inform the consumer of the existence of the good working order warranty.³⁵

F. New monetary administrative penalties – Effective January 2025

Presumably to ensure compliance with the new provisions of the Act and the CPA as a whole, the Act adds a new chapter introducing monetary administrative penalties, effective January 5, 2025.

The Act provides that the government may, by regulation, determine the objectively observable failures to comply with a provision of the CPA, one of its regulations or a voluntary undertaking that may give rise to a monetary administrative penalty imposed by the president of the Office de la protection du consommateur.³⁶

The conditions for the application of such a penalty and the methods for its calculation will be determined by regulation, but it may not exceed $1,750 in the case of a natural person or $3,500 in the case of a legal entity³⁷, for each day that the failure to comply continues.³⁸

The imposition of a monetary administrative penalty may be preceded by a notice of non-compliance to the merchant, requesting that they correct the situation and inviting them to present their observations.³⁹ Otherwise, the monetary administrative penalty will be imposed by means of a notice of claim, which may be challenged before the Tribunal administratif du Québec.⁴⁰

G. Increase in penal fines

The Act amends and updates the potential penalties for violations of the CPA, in particular by increasing the applicable fines, which will come into effect gradually. The Act also provides that in the case of an offence by a legal person, the directors, officers and mandataries of the person will be presumed to have committed the offence, unless they can prove that they exercised due diligence in attempting to prevent it.⁴¹

* * *

The new provisions of the CPA resulting from the Act will undoubtedly have a significant impact on many Quebec markets and business practices at various levels, despite their gradual entry into force.

It would be prudent for manufacturers and merchants with a presence in Quebec to familiarize themselves now with the new obligations and requirements of the CPA and to prepare for its entry into force in order to ensure that their practices and activities are compliant.

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¹ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 14 (new section 227.0.4 CPA).
² An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 14 (new section 227.0.4 CPA).
³ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 3 (new section 38.1 CPA).
⁴ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 3 (new section 38.3 CPA).
⁵ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 3 (new section 38.2 CPA).
⁶ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 3 (new section 38.4 CPA).
⁷ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 3 (new section 38.5 (a) CPA).
⁸ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 3 (new section 38.5 (b) CPA).
⁹ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 3 (new section 38.7 CPA).
¹⁰ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 3 (new section 38.8 CPA).
¹¹ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 14 (new sections 227.0.1 and 227.0.2 CPA).
¹² An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39 CPA).
¹³ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39 CPA).
¹⁴ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39 CPA).
¹⁵ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39 CPA).
¹⁶ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39 CPA).
¹⁷ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39 CPA).
¹⁸ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new sections 39.1 and 39.2 CPA).
¹⁹ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39.3 CPA).
²⁰ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39.3 CPA).
²¹ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39.3 CPA); free information does not apply to vehicle data.
²² An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39.4 CPA).
²³ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 14 (new section 227.0.3 CPA).
²⁴ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39.5 CPA).
²⁵ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39.5 CPA).
²⁶ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new sections 39.6 and 39.7 CPA).
²⁷ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39.6 CPA).
²⁸ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39.7 CPA).
²⁹ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 4 (new section 39.7 CPA).
³⁰ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 5 (new section 53.1 CPA).
³¹ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 11 (section 156 CPA); An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 17 (new section 260.27.1 CPA).
³² An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 16 (new section 237.1 CPA).
³³ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 15 (new section 228.2 CPA).
³⁴ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 15 (new section 228.3 CPA).
³⁵ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 15 (new section 228.3 CPA).
³⁶ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 18 (new section 276.1 CPA).
³⁷ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 18 (new section 276.1 CPA).
³⁸ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 18 (new section 276.2 CPA).
³⁹ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 18 (new section 276.3 CPA).
⁴⁰ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 18 (new section 276.6 CPA).
⁴¹ An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, section 19 (new section 282.1 CPA); this provision will enter into force in January 2025.