Quebec Publishes Draft Regulation on the Repairability of Certain Consumer Goods

On January 22, 2025, the Government of Quebec published a draft Regulation to amend Quebec’s existing Regulation respecting the application of the Consumer Protection Act. According to comments from the Government of Quebec accompanying the draft Regulation, the amendment would help improve information transparency regarding the repairability of certain consumer goods.

The draft Regulation relates to recent changes to the Quebec Consumer Protection Act (CPA) that are set to come into force on October 5, 2025. For more information on these changes, please see our Blakes Bulletin: Built to Last? Quebec’s Bill 29 Shakes Up Consumer Protection Landscape.

In particular, where goods are of a nature that requires maintenance work, the CPA will soon require a merchant or manufacturer to make available the replacement parts, repair services and information necessary to maintain or repair the goods. This information must be provided in French and for a reasonable time after a contract is entered into with a Quebec consumer. The merchant or manufacturer could release itself from these obligations by warning the consumer, in writing, before the contract is entered into.

The draft Regulation provides more details on these obligations and disclaimers. It prescribes that the manufacturer must disclose if it entirely, partially or in no way guarantees the availability of replacement parts, repair services or information necessary to maintain or repair the goods. If the availability of one of those elements is partially guaranteed, a list of the elements that are not guaranteed must be provided. This disclosure must be made in a prominent and comprehensible manner online and must include the user or maintenance manual if one is provided with the goods. The manufacturer would be further required to present such information in a manner that allows it to be easily retained and printed in paper form.

The merchant would be required to make a similar disclosure regarding availability in a clear and prominent manner before entering into the contract with the consumer. If the information is disclosed online, it must be presented in a manner that allows it to be easily retained and printed in paper form. Before entering into a contract online, the merchant must also include a hyperlink to the information disclosed by the manufacturer “in proximity of” its own information.

The draft Regulation also deals with a new provision of the CPA providing that it must be possible for consumers to install replacement parts using commonly available tools and without causing irreversible damage to the goods. The draft Regulation states that a tool is considered “commonly available” where it is provided free of charge no later than when the consumer takes possession of the goods or where it can be obtained online or in-store at a reasonable price and within a reasonable time.

In addition, while the amended CPA includes a new prohibition against the use of a technique that has the effect of making it more difficult to maintain or repair goods, the draft Regulation states that the prohibition would not apply where: (1) the use of the technique is required to ensure compliance with legislation; or (2) the use of the technique is the only way to protect the consumer from a grave, serious, direct and immediate risk to that person’s safety.

The Government of Quebec is actively consulting on the draft Regulation. Interested parties may submit comments to the Office de la protection du consommateur by March 8, 2025. Amendments may be made to the draft Regulation following that consultation period. As currently drafted, the requirements of the draft Regulation would come into force on October 5, 2025, the same date that the relevant amended provisions of the CPA come into force.

For more information, please contact the authors or any member of our Consumer Protection group.