The Consumer Protection Act has been protecting consumers in Quebec since 1971. This law sets out several obligations for merchants. It also gives consumers rights, tools, and legal options to help them resolve problems with merchants.
If you have a problem with a merchant, check if the Consumer Protection Act can help you. You will know what your rights are and how to make sure they are respected.
To do this, you can ask for help from the Office de la protection du consommateur (consumer protection office or “OPC”), a lawyer, or a consumer support organisation.
One law, many advantages
The Consumer Protection Act gives you several protections when you buy a product or service from a merchant.
First, it requires merchants to follow a number of rules that are designed to protect consumers.
Merchants’ obligations
Your rights as a consumer
Merchants must clearly show the total sale price of their products and services.
They are not allowed to charge more than the price that was advertised or displayed.
You have the right to know the price of products and services that you buy.
You have the right to receive compensation if the merchant makes a pricing error.
Merchants are not allowed to give false or misleading information about a product or service.
You have the right to know all the important information about a product or service before buying it.
In some cases, merchants must give you a written contract.
Did you sign a contract in person?
You are entitled to a written contract in some cases (lease contract with conventional option to purchase, recreational courses and workshops, cell phone contracts).
Did you sign a contract by phone or online?
You are always entitled to a written contract.
Merchants can’t include whatever they want in your contract. Some clauses are prohibited.
If your contract includes a prohibited clause, you can ask to have it removed.
Merchants who sell or rent you a product must respect legal warranties.
Merchants are not allowed to sell products for which obsolescence is planned.
If a merchant sells you a product that isn’t of good quality or that isn’t durable, safe, or as described, you have the right to ask for a refund, a repair or a replacement.
Merchants must follow certain rules when offering tip options.
Tip options must be based on the price before tax.
All tip options must be shown equally clearly. No tip option should stand out more than the others
You have the right to choose your own tip amount, or to leave no tip at all.
As a consumer, you have the right to ask that merchants follow these rules. The Consumer Protection Act gives you tools and options to resolve a problem with a merchant and to make sure your rights are respected. For example, you can :
- Negotiate with a merchant using the free online tool Parle consommation (platform available in French only),
- File a complaint with the Office de la protection du consommateur against a merchant who does not respect their obligations,
- Take legal action against a merchant who does not respect their obligations. You can ask a court many things, for example: that they reduce the price of the contract, cancel the contract or award you financial compensation.
Did you know? When you buy certain goods or services from a merchant, you have rights and options beyond those in the Consumer Protection Act. This is the case for pre-arranged funeral contracts, debt collection and trips.
Does the Consumer Protection Act apply to you?
The Consumer Protection Act protects consumers who make transactions with a merchant. This law also imposes certain obligations on manufacturers and distributors of goods sold or leased to consumers.
A person who does business with a merchant for personal needs is considered a consumer protected by the Consumer Protection Act. This means that someone who buys a good or service for business purposes is not considered a consumer under the law. For example, the law protects you when you buy an electric toothbrush for your personal hygiene. However, it does not protect you when you rent a computer for your business.
Under the Consumer Protection Act, a merchant is a person or business that operates a commercial activity. For example, the dealership where you buy an electric car is considered a merchant under the law. However, someone selling you a used piano through social media is not considered a merchant under the law.
Did you Know?
The Civil Code of Québec also gives you rights and options to protect yourself in the following situations:
- You sign a contract,
- You sign a contract with a contractor, like for renovations for example.
- You sign a contract with a service provider,
- You buy something that turns out to be defective like a building with a hidden defect.