Contrary to popular belief, you do not always have 10 days to cancel a contract. In many cases, only a court can cancel a contract concluded between a merchant and a consumer.

The law does not provide for a deadline to cancel a contract concluded in person, unless you're doing business with an itinerant merchant.

Cancelling a contract concluded with an itinerant merchant

Did you enter into an agreement with an itinerant merchant? Contractors are considered itinerant merchants if they solicit your business outside of their actual offices, for example, if they come to your home to sell their products or services.

What if you asked a home renovation contractor to come and meet you at your home? The Regulation respecting the application of the Consumer Protection Act considers this contractor as an itinerant merchant when he or she sells, installs or repairs:

• doors and windows;
• thermal insulation;
• roofing or exterior wall covering of a building.

In such a case, you can cancel the contract without fees or explanations within 10 days after receiving a written copy of the contract. The contract can be cancelled even if the contractor has already started the work.

The cancellation deadline includes Saturdays, Sundays, and statutory holidays. However, if the 10th day falls on any of those days, the deadline is deferred to the next business day. If the 10th day falls on Easter Monday, for example, the deadline will be the next day (Tuesday).

Procedure to cancel

You must notify the merchant in writing. Send the cancellation form you received along with the contract, or a letter.

In legal terms, " contract cancellation " means you want to end the contract. This means that you will find yourself in the situation you were in before you signed the contract. If you already made a payment to the contractor, he or she must reimburse you within 15 days after you send the cancellation form or letter.

Cancelling within one year

In some cases, you can cancel a contract within the year following the day it was signed by the 2 parties (the merchant and yourself). You can do so if, for example :

• the merchant you are doing business with did not hold a valid licence or permit from the Office de la protection du consommateur when you signed the contract;
• the contract did not contain all the mandatory information prescribed by the law;
• the merchant did not provide all mandatory documents :
  • the Statement of consumer cancellation rights,
  • the cancellation form;
• the merchant did not provide the service within 30 days following the date indicated in the contract or, past those 30 days, the date agreed upon with you.

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