A written contract is required under the Consumer Protection Act in certain situations.

In these situations, the merchant must follow certain rules that govern how the contract is to be drawn up and made known to the consumer. The merchant must also follow the legal requirements regarding the information to be provided in the contract and the cancellation terms.

Contracts covered

The following contracts must follow the requirements set forth in the Consumer Protection Act. Refer to the following pages for more information on the mandatory contents and cancellation terms for each type of contract:

• Purchases from an itinerant salesperson;
• Credit and debt settlement;
• Telephone, television and Internet services;
• Alarm systems;
• Courses;
• Fitness and weight loss;
• Series of treatments and packages;
• Dating agencies;
• Childcare services;
• Day camps and stayover camps;
• Timeshare accommodations.

Language

Contracts for which a written copy is required under the Consumer Protection Act must be clearly and legibly drawn up in French and in 2 copies. They may also be drawn up in another language, under an explicit agreement with the consumer. The merchant must first deliver the French version.

If the version of the contract drawn up in a language other than French is the one that was signed by the consumer, other related documents may also be drawn up in that other language.

Medium used

The contracts in question must be drawn up on paper, unless they are entered into remotely (e.g., online or by telephone), or if the consumer has explicitly authorized their being drawn up on a technological medium (e.g., an electronic document).

Signatures

The merchant must sign the contract first, let the consumer read it, and then have it signed by the consumer.

For contracts drawn up on a technological medium, the entire contents of the contract must be fully disclosed to the consumer without having to access it via a hyperlink, an external clause or any other similar manner. The signature of the parties is then added to the contract.

Delivery

The merchant must provide the consumer with a copy of the contract signed by both parties. The merchant must also give the consumer a copy of any document he or she has signed in connection with the contract.

The signed documents must be delivered on paper, unless the consumer has given his or her explicit authorization for them to be delivered on a technological medium. In the latter case, they may be sent by email or via another electronic address provided by the consumer for that purpose. The documents must be easy to save and print.

Other contracts with special rules

The law also provides for special rules concerning the following contracts:

• Purchases made online, by telephone or by mail;
• Automobile purchases, leasing or repairs;
• Household appliance repairs;
• Prepaid cards and rewards programs.

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