Consumer protection in Quebec: update on the legal warranty of availability of replacement parts and repair services

As previously reported, in the fall of 2023, the government of Quebec sanctioned An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods (“Bill 29”), which amends the Consumer Protection Act (“CPA”) to include provisions that protect consumers against planned obsolescence and offer them better protection when acquiring or using domestic goods.

On June 25, 2025, the government of Quebec published a regulation amending the Regulation Respecting the Application of the Consumer Protection Act (the “Regulation”), which is set to come into force on October 5, 2025, at the same time as other related amendments to the CPA. Specifically, the Regulation introduces a framework for the new sections 39, and 39.1 to 39.7 of the CPA, which strengthen the legal warranty of availability of replacement parts and repair services for goods requiring maintenance work, by specifying that the availability of the information required to maintain or repair such goods must also be guaranteed.

Namely, it is set out that the installation of replacement parts must be possible using “commonly available tools”, without causing irreversible damage to the goods. The Regulation provides a (non-exhaustive) definition of this concept by specifying that a tool is considered “commonly available” if it is provided free of charge no later than when the consumer takes possession of the goods, or if it can be obtained at a reasonable price and within a reasonable period of time.

The Regulation also establishes that merchants and manufacturers have obligations to provide information regarding the warranty of availability of replacement parts and repair services, which are summarized as follows:

Manufacturer’s duty to disclose information

• The manufacturer is required to clearly and prominently disclose online, whether it fully, partially, or does not guarantee the availability of:
  • replacement parts;
  • repair services; and
  • information necessary to maintain or repair the goods.
• The manufacturer must also disclose the information allowing to easily identify the replacement parts, repair services, and the information necessary to maintain or repair the goods for which it does not guarantee availability.
• If a user or maintenance manual is made available with the good, the manufacturer must include the above-mentioned information in the said manual in a prominent and comprehensible manner.
• The above-mentioned information must be presented so the customer can easily retain and print it.

Merchant’s duty to disclose information

• For its part, the merchant is required to clearly and prominently disclose in writing before the conclusion of the contract, whether it fully, partially, or does not guarantee the availability of:
  • replacement parts;
  • repair services; and
  • information necessary to maintain or repair the goods.
• The merchant must also disclose the information allowing to easily identify the replacement parts, repair services, and the information necessary to maintain or repair the goods for which it does not guarantee availability.
• The above-mentioned information must be presented so the customer can easily retain and print it.
• A merchant who publishes the above-mentioned information online must provide it in a prominent and comprehensible manner, ensure it can be easily retained and printed by the consumer, and, if a hyperlink exists to the manufacturer’s disclosures (previously listed), display it “near” this information. Furthermore, this hyperlink, if it exists, must be accessible before entering into an online contract with a consumer.

Finally, the Regulation also provides for certain exemptions to the new section 227.0.3 of the CPA (set to come into force on October 5, 2025), which prohibits the use of techniques that have the effect of making it more difficult for the consumer to maintain or repair a good.

For any questions regarding the applicability of the CPA, its regulations, or your obligations in matters of consumer law, please do not hesitate to contact us.