I. Introduction
On January 22, 2025, the Québec government published a new draft regulation[1] (the “New Regulation”) governing the obligations of merchants and manufacturers to disclose information about the warranty of availability of replacement parts and repair services as well as the information needed to maintain or repair goods that require maintenance, as provided for under the Consumer Protection Act (the “CPA”).
The New Regulation follows the adoption of the Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods (“Bill 29”) in October 2023, which provided numerous important amendments to the CPA that manufacturers and merchants doing business in Québec should be aware of[2].
II. Goods of a nature requiring maintenance work and ability to install replacement parts with “commonly available tools”
Following the adoption of Bill 29, section 39 of the CPA was amended to include several new requirements concerning the availability of parts and repair services, and to add obligations relating to the information needed to maintain and repair goods, including diagnostic software and updates.
These obligations apply only to goods that require maintenance, such as those whose use may require the replacement, cleaning or updating of any component(s). For these types of goods, the new law provides that:
- replacement parts, repair services and information needed to maintain or repair the goods must be available for a reasonable time after entering into the contract;[3]
- all information needed to maintain or repair the goods must be available in French; and
- it must be possible to install replacement parts using commonly available tools and without causing irreversible damage to the goods — under section 79.17 of the New Regulation a tool is considered commonly available if it is provided free of charge not later than when the consumer takes possession of the good(s), or if it can be obtained online or in a store at a reasonable price and within a reasonable time.
III. Mandatory disclosures of and exclusions from the warranty of availability of replacement parts, repair services and the information needed to repair or maintain goods
Pursuant to section 39 CPA, a merchant or manufacturer may be released from its obligations under that section[4] if it warns the consumer in writing, before the contract is entered into, that it will not supply any replacement parts, repair services or information needed to maintain or repair the good. The New Regulation specifies the relevant terms and conditions in this respect.
As for manufacturers, under section 79.18 of the New Regulation they will be required to:
- clearly disclose whether they fully, partially or in no way guarantee the availability of replacement parts, repair services and information needed to maintain or repair the good — and in the case of a partial warranty, a list of items not covered by the warranty must be provided;
- present this information in a format that can be easily printed and retained; and
- if supplying a user or maintenance manual with the good, include this information in a prominent and comprehensible manner.
As for merchants, before entering the contract, they must disclose in writing[5]:
- whether they fully, partially or in no way guarantee the availability of replacement parts, repair services and information needed to maintain or repair the good — and in the case of a partial warranty, a list of items not covered by the warranty must be provided; and
- for online sales, merchants must also publish in proximity to the above information a hyperlink to the information disclosed by the manufacturer under section 79.18 of the New Regulation.
However, a merchant will not be required to provide the information in writing prior to the entering into of the contract if it publishes that information online and if it[6]:
- presents the information in a prominent and comprehensible manner;
- presents the information in such a way that allows the consumer to easily retain and print it in paper form; and
- publishes the hyperlink to the information to be disclosed by the manufacturer under section 79.18 in proximity to the above information[7].
IV. Technique that makes it more difficult to maintain or repair an asset
Bill 29 also introduced section 227.3 of the CPA, which states that no merchant or manufacturer may use a technique that “has the effect of making it more difficult” for the consumer or their mandatary (agent) to maintain or repair a good[8].
The New Regulation[9] specifies that the use of such a technique does not contravene article 227.0.3 if the merchant or manufacturer demonstrates that the technique is:
- the only way of protecting the consumer or their mandatary from a grave, serious, direct and immediate risk to that person’s safety, except if the mandatary is a person who provides services to repair or maintain goods as part of the operation of an enterprise; and
- required to ensure compliance with an Act or regulation.
V. Conclusion
Generally, the New Regulation should be adopted within 45 days of its publication, although further amendments may be made based on comments the Québec government may receive during this period[10]. With certain exceptions, the new rules introduced under this New Regulation will come into force on October 5, 2025.
Manufacturers and merchants doing business in Québec should begin identifying which products in their product line are considered to be goods that require or are likely to require the type of maintenance work covered by these new requirements. They will also have to anticipate the adjustments needed to comply with the New Regulation, such as by reviewing contractual documents and any documentation relating to product maintenance and repair.
We will continue to closely monitor developments regarding the adoption, interpretation and application of these new rules. The Fasken team is available to answer your questions and help you prepare for and comply with the new requirements provided under the New Regulation and the CPA.
