The laws under the responsibility of the Office are sometimes subject to amendments in order to bring them up to date. This page provides an overview of the most recent protections offered to consumers.

The contents of this page change over time: refer to it on a regular basis to stay informed.

Planned obsolescence

The business of trading in goods for which obsolescence is planned is prohibited: they may not be offered, sold, rented or leased to a consumer. The obsolescence of goods is planned where a technique aimed at reducing their normal operating life is used on them.

Anyone who believes this prohibition has not been respected can file a complaint with the Office.

Anti-lemon warranty for automobiles

Owners and long-term lessees of problematic automobiles (“lemons”) may submit an application to the court to have their vehicle declared a “seriously defective automobile.”

In order for such an application to be accepted, the following conditions must be met:

• One or more defects have appeared when the automobile has not covered more than 60,000 kilometres and within 3 years of its first sale or long-term lease.
• The defects render the automobile unfit for the purposes for which it is ordinarily intended or substantially diminish its usefulness.
• Attempts to repair one or more of the defects have been made under the automobile manufacturer’s warranty in accordance with any of the following scenarios:
  • 3 unsuccessful attempts have been made for the same defect;
  • 1 or 2 unsuccessful attempts have been made for the same defect where the merchant or the manufacturer responsible for performing the warranty has had the automobile in its possession for more than 30 days, not including any days for which the merchant or manufacturer shows that the repairs could not be carried out due to a shortage of parts and that the consumer was provided with a replacement automobile free of charge.
  • 12 attempts have been made for unrelated defects, regardless of whether or not these attempts were successful.

An automobile that is declared a “seriously defective automobile” is deemed to be affected by a latent defect. Consumers may therefore petition the court to cancel the contract or reduce the price paid, and claim damages and punitive damages.

When an automobile is declared a “seriously defective automobile,” the following rules must be respected:

• A road vehicle dealer or recycler who sells the automobile to another road vehicle dealer or recycler must inform the dealer or recycler that the automobile has been declared a “seriously defective automobile.”
• A merchant that puts the automobile up for sale or lease to consumers must indicate that it has been declared a “seriously defective automobile” on the label that must be affixed onto the automobile.
• No person may advertise an automobile that has been declared a “seriously defective automobile” without disclosing that fact.

Additional warranties

A merchant who proposes to a consumer to purchase an additional warranty (also known as an “extended warranty”) must inform the consumer that he or she has 10 days to cancel it without cost or penalty. To exercise this right to cancel, the consumer must send a written notice to that effect within 10 days after entering into the contract.

These amendments apply to all goods subject to an additional warranty contract, which include automobiles, appliances and electronic devices. However, they do not apply to contracts entered into with an insurer authorized by the Autorité des marchés financiers. Consumers can check this in the Register of firms and individuals authorized to practice, on the Autorité des marchés financiers website.

Long-term leases

In a long-term lease, merchants may not include a clause allowing them to charge additional fees at the end of the lease because the nature or quality of a part or component installed as part of normal maintenance service does not satisfy them. In order for a contract to include such a clause, it must expressly provide that the item may only be returned with a component of a specific nature or quality.

Furthermore, merchants may not include a clause allowing them to charge fees at the end of the lease on the grounds that the part is not an original part from the manufacturer or that maintenance service was not performed by the manufacturer or a merchant approved by the manufacturer.

These amendments apply to all consumer goods subject to a long-term lease, which include automobiles, appliances and water heaters.

Leased automobiles: contracts entered into after April 5, 2024

At least 90 days before the end of your long-term lease, the merchant must offer you to carry out an inspection of the automobile, free of charge. You are free to accept or refuse this proposal.

If you accept it, the inspection must be carried out at least 30 days before the end of the contract. However, it may not be carried out more than 60 days before the end of the contract. The merchant may choose whether the inspection is to be carried out at its establishment or at your home.

Written report

Immediately after this inspection, the merchant must give you a written report. Where applicable, it must indicate the following information:

• the parts or components of the automobile which, in the merchant’s opinion, show abnormal wear;
• your right to repair these parts or components or have them repaired by a third person of your choice.

When the vehicle is returned

When the automobile is returned, the merchant must give you a written notice indicating any abnormal wear. The merchant must provide the following information:

• the parts or components that show abnormal wear;
• your right to repair those parts or components or have them repaired by a third person of your choice within 10 days following receipt of the notice.

Merchants may not claim any charges for abnormal wear in the following situations:

• The merchant did not offer you to inspect the automobile free of charge at least 90 days before the end of the lease.
• The merchant did not give you an inspection report or a written notice as required.
• The merchant sells or re-leases the automobile before the end of the 10-day period indicated in the written notice.

Warranty of good working order for used automobiles

As of April 5, 2024, the warranty of good working order for used automobiles sold or leased by a merchant has been updated to cover a greater number of automobiles.

Class	Putting the Vehicle on the Market and Kilometrage	Length of the Warranty
A	4 years or less, provided that the automobile has not covered more than 80,000 km	6 months or 10,000 km, whichever comes first
B	5 years or less, provided that the automobile has not covered more than 100,000 km	3 months or 5,000 km, whichever comes first
C	7 years or less, provided that the automobile has not covered more than 120,000 km	1 month or 1,700 km, whichever comes first
D	More than 7 years or if the automobile has covered more than 120,000 km	Warranty of good working order does not apply

Used car merchants are required to apply this warranty. It covers parts and the labour required to ensure the automobile is in good working order as well as reasonable towing or breakdown service charges.

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