In 2023, the Québec government adopted Bill 29: An Act to protect consumers against planned obsolescence and to promote the durability, repairability and maintenance of goods (Bill 29),1 amending the Consumer Protection Act (the CPA).2 Among other things, Bill 29 introduces a legal warranty of good working order for certain commonly used goods, enhances the legal warranty of availability of replacement parts and repair services and prohibits the sale of goods with planned obsolescence.
On January 22, 2025, the Government of Québec published its draft Regulation to amend the Regulation respecting the application of the Consumer Act (the Regulation)3 The Draft Regulation provides valuable guidance and further clarity to some of the changes introduced by Bill 29 relating to the legal warranty of availability of replacement parts and repair services.
While the Regulation is set to come into force on October 5, 2025 –the same day as the related amendments to the CPA – it is important to note that the Regulation is currently subject to a 45-day consultation period and may therefore undergo revisions.
Key takeaways
Availability of replacement parts, repair services and maintenance information
Bill 29 imposes a new obligation on merchants and manufacturers to make replacement parts and repair services available to consumers as well as any information necessary to maintain or repair goods, including, any diagnostic software and updates. These services and information must be available "for a reasonable period of time" in cases where the goods purchased "are of a nature that require maintenance work" unless the merchant or manufacturer warns the consumer, in writing before the purchase is made, that they do not supply replacement parts, repair services associated with the goods purchased.4
Bill 29 also specifies that it must be possible to install the replacement parts using commonly available tools and without causing irreversible damage to the goods.5
The Regulation clarifies the situations in which a tool would be considered "commonly available." These situations include where: (a) it is provided for free before or at the same time that the consumer takes possession of the goods; or (b) it can be obtained online or in-store at a reasonable price and within a reasonable period of time. Note that the Regulation does not provide any further details on what would be considered a "reasonable price" or a "reasonable period of time."
Disclosures regarding replacement parts, repair services and maintenance information
Bill 29 also requires merchants and manufacturers to provide consumers with certain information relating to replacement parts, repair services and information necessary to maintain or repair the goods.
The Regulation further specifies the nature of this information and how these disclosures must be presented to the consumer. In particular:
- Manufacturers must disclose online in a manner that is easily accessible and printable, whether or not they fully, partially or do not guarantee the availability of replacement parts, repair services and necessary maintenance information. If the availability of any of these elements is only partially guaranteed, the manufacturer must provide a list of those elements that are not guaranteed. This information must also be included in the user or maintenance manual, if one is provided.
- Merchants must also disclose the availability of replacement parts, repair services and necessary maintenance information. Similar to merchants, if the availability of any of these elements is only partially guaranteed, the merchant must provide a list of those elements that are not guaranteed. This information can be provided in writing (before the good is purchased) or online in a manner that is easily accessible and printable. Where a good is purchased online, the merchant must also provide a hyperlink to the manufacturer's disclosures.
Carve-outs to the prohibition on making repairs or maintenance work more difficult
Bill 29 also prohibits merchants and manufacturers from using techniques that make it more difficult for consumers to maintain or repair goods.6 The Regulation introduces a carve-out to this new requirement by stating that a merchant or manufacturer will not violate this prohibition where:
- It is the only means to protect the consumer or his representative from a grave, serious, direct and immediate risk to their safety, unless the representative is a person offering repair or maintenance services as part of the operation of a business; or
- It is necessary to ensure compliance with a legal or regulatory requirement.
Footnotes
1. Bill 29, An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, 1st Sess, 43th Leg, Québec, 2023 (assented to 5 October 2023), SQ 2023 c 21.
2. CQLR, c P-40.1.
3. Regulation to amend the Regulation respecting the application of the Consumer Act, D 4-2025, January 22 (2025) GOQ, 499.
4. Section 39 CPA, as amended by section 4 of Bill 29.
5. Ibid.
6. Section 227.0.3 CPA, introduced by section 14 of Bill 29.
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