Are you wondering about your rights as a consumer, in particular with the introduction of the vaccination passport? Has your course been cancelled because of COVID-19? The following questions may be of interest to you.

Do I have the right to cancel my registration for a course given in sequential classes if, for example, I am unable to attend them because of the requirement to show a vaccination passport? i

Under the provisions of the Consumer Protection Act, you may terminate a contract for sequential classes at any time. If you cancel your registration before classes have begun, you cannot be charged any fees or penalties. Once the classes have begun, i.e., while the contract is being fulfilled, you may cancel your registration and only have to pay for the classes already given and a penalty provided for by law. This penalty corresponds to the lesser of the two following amounts: $50 or 10% of the cost of the classes that have not yet been given. For more information and to learn about the cancellation procedure, refer to the page titled Cancelling a Course Registration. Also make sure that the contract you have signed is for a course that is covered by these rules.

You can also try to reach an agreement with the merchant. For example, you could agree to extend the length of the contract so that the sequential classes (delivery of services) would be temporarily suspended and resume once you can show proper proof of vaccination.

I have paid for a course given in sequential classes, but they have been cancelled because of the measures imposed by the government. What are my options? i

In the case of a contract for a course given in sequential classes, defined in the Consumer Protection Act as a “contract involving sequential performance” (language, driving, dance, sports courses), it is also best if you try to reach an agreement with the merchant. Some merchants may offer you to take the course online rather than in person or give you a credit, among other possibilities.

If the merchant’s proposal does not suit you, you can demand a reimbursement of the lessons you were unable to attend as a result of the COVID-19 situation. You may also cancel your contract and demand a reimbursement of the unused portion of the course. You will, however, have to pay a penalty if you cancel after the course has begun, as explained in the page titled Cancelling a Course Registration.

It should be noted, however, that some courses are not covered by the Act, such as those offered by municipal recreational services and those offered by an educational institution as part of its educational program. Check with your community centre or educational institution to see what options are available to you.

I have paid for a one-time lesson. What are my options if, for example, the class was cancelled because of the measures imposed by the government, or if I am unable to attend because of the requirement to show a vaccination passport? i

Have you paid for a one-time lesson (ski, piano, first-aid) that was to take place on a predetermined date, but could not attend because of the requirement to show a vaccination passport or because the class was cancelled as a result of the measures imposed by the government?

Try to reach an agreement with the merchant. You could be offered a credit or a postponement of the activity to a later date. Also check your contract, as it may contain conditions for cancellation or reimbursement.

In the event of a cancellation

If the merchant’s proposal does not suit you, you may demand a reimbursement, unless your contract has a “force majeure” clause that provides otherwise.

In the event of a vaccination passport requirement

If you are unable to reach an agreement with the merchant, you can take your case to court. However, the outcome of your case remains uncertain, given that the vaccination passport requirement is an unprecedented situation.