On October 3, 2023, a new law aimed at strengthening the protection afforded to Quebec consumers was unanimously adopted by the National Assembly. The Act to protect consumers from planned obsolescence and to promote the durability, reparability and maintenance of goods (Québec)[1] (the “Act”) makes significant changes to promote the durability of consumer goods. It amends the Consumer Protection Act (Québec)[2] to prohibit planned obsolescence, namely, the sale of goods whose normal lifespan has been deliberately reduced by manufacturers and merchants. In other words, obsolescence is an intentional technique aimed at reducing the normal operating life of a purchased good. As a result, planned obsolescence creates both economic and environmental challenges by further encouraging overconsumption.
The Act is sectionally structured, some of which came into force on October 5, 2023, while other provisions will follow within three years of the enactment of the Act.
The major changes brought about by the Act can be summarized as follows:
- A formal ban on manufacturers and merchants selling any goods for which early obsolescence is programmed. Although this provision is already in force, a grace period was granted before the related sanctions come into effect.
- An anti-obsolescence measure has been introduced to protect consumers from seriously defective vehicles. This allows consumers to request the cancellation of the contract or a reduction in the purchase price when the following conditions are met:
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- One or more defects affecting the vehicle have been repaired;
- The defects occurred within three years of the initial sale or long-term lease of the car, and the vehicle had not accumulated more than 60,000 kilometers;
- Defects rendered the vehicle unfit for its intended use or substantially diminished its usefulness.
- The strengthening of the legal guarantee of good functioning for certain new and frequently used goods, such as household appliances and electronic items. In particular, merchants will have to disclose the lifespan of the good as well as the existence of the said guarantee. The lifespan periods are currently unknown, but are to be established by regulation. These provisions will come into force in October 2026.
- Requiring merchants and manufacturers to respond within ten (10) days to consumer requests for information and repairs. If they fail to respect this deadline, the merchants will have to replace the goods with new or refurbished goods offering equivalent functionalities, or refund the purchase price on the return of the goods by the consumer. The consumer will also have the right to choose the repairer of his choice, at the expense of the merchant or manufacturer. In this regard, several measures have been adopted to improve the reparability of assets, ensure the availability of spare parts at reasonable prices and provide the necessary information for the maintenance of assets. These provisions will come into effect as of October 2025.
This groundbreaking legislation is the first in North America to prohibit the sale of goods designed for premature obsolescence. It reinforces the protections provided with new goods, and actively promotes the repair of products, reducing waste while facilitating access to greener and informed choices for consumers.
In conclusion, the adoption of this Act marks a long-awaited and necessary shift in responsible consumption. The balance between the gradual implementation of the provisions, and the immediate implementation of anti-obsolescence measures and improved guarantees, will help improve the quality of products on the Québec market, while giving economic players the time they need to adapt.
This law will undeniably have a significant impact on the Quebec economy, prompting industries to re-evaluate their practices in order to promote the durability of goods on the market. Consumers will benefit from increased protection and transparency in their transactions, marking a significant step towards an ethical and sustainable consumption model, illustrating Québec’s commitment to the protection of consumer rights.
If you have any questions, please do not hesitate to contact:
Mtre Gabrielle Massé | Direct line: (514) 360-8785 | gmasse@gattusogbm.com
[1] An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, 2023, chapter 21.
[2] Consumer Protection Act, chapter P-40.1
