In Québec, the Consumer Protection Act
requires merchants to indicate the sales price on every item offered in their establishment.
However, there are two exemptions that allow merchants to not comply with this obligation.
The first exemption applies to all merchants and allows them to not label prices on 13 categories of items, notably those priced at less than $0.60 or foodstuffs not packaged before the sale.
INFO-BUBBLE
91.1. Section 223 of the Act does not apply to goods that are:
- (a) for sale at a price not exceeding 0,60 $;
- (b) sold in automatic vending machines;
- (c) food not packaged before sale;
- (d) not packaged before sale and whose sale price is based on a unit of measure;
- (e) for sale at a price lower than their usual price in the same establishment, where the usual price of those goods is clearly and legibly posted near the place where they are for sale;
- (f) not directly available to the consumer in the establishment and must be obtained from the merchant or his representative on request;
- (g) part of package, where the price of the package is indicated on it or where the wrapper of the package is to be reused by the manufacturer; or
- (h) marked with a sale price that the merchant does not intend to change;
- (i) frozen food when sold ;
- (j) so small that it would be impossible to indicate the price on them legibly ;
- (k) not packaged and are usually sold in bulk, unless they are items of clothing ;
- (l) trees, plants or flowers ; or
- (m) sold in a returnable container.
O.C. 1326-82, s. 1; O.C. 10-2001, s. 1.
The second exemption allows merchants to use a universal product code optical reader and not label prices on all goods for sale in their establishment. However, they must post a label indicating the product description and price and post and respect the price labelling and accuracy policy provided for by law. This policy must be posted in their establishment in a clearly visible location, namely beside the cash registers.
Have you seen this sign?
If you see a sign announcing this policy when you go to the supermarket, pharmacy or local hardware store, it means that the merchant endorses the price labelling and accuracy policy and that you are entitled to compensation if there is a pricing error at the checkout.
- If the price charged by the cash register is higher than the price posted and the item is worth under $10, the merchant must give you the product free of charge.
- If the price posted is over $10, the merchant must correct the price to the amount posted and give you a $10 reduction.
Examples
Item that costs $10 or less
In a supermarket posting the price labelling and accuracy policy, you notice that the price rung in at the cash register for laundry soap is higher than the price indicated on the label of the shelf where you found the soap. If the price is under $10, demand that you be given the product free of charge.
Item that costs $10 or more
You go into a hardware store to buy an electric drill and, on returning home, you compare your cash register receipt with the price announced in the circular, you realize that the price you paid is higher than the advertised price. Ask the cashier or manager of the hardware store to correct the price of the drill to the advertised price and to give you a $10 discount off the corrected price.