On June 25, 2025, the Government of Québec published a Regulation that clarifies the obligations of merchants and manufacturers with respect to the warranty of availability of replacement parts and repair services. These obligations are found in section 39 of the Consumer Protection Act (“CPA”), as significantly amended in 2023 by Bill 29, An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods.
The Regulation comes into force on October 5, 2025, the same date as the provisions of Bill 29 relating to the replacement parts and repair services warranty and to the prohibition against the use of techniques designed to make it more difficult to maintain or repair goods. Note that the Regulation only addresses section 39 of the CPA, as amended by Bill 29.
What the Obligation Entails
Under the CPA, as amended, replacement parts, repair services and information necessary to maintain or repair the goods must be available for a reasonable time after the making of a contract for goods that are of a nature that requires maintenance. There is an exception where the merchant or the manufacturer warns the consumer in writing, before the contract is entered into, that it does not supply replacement parts or repair service. Our 2023 post has additional details about Bill 29.
Clarifications Under the New Regulation
The Regulation clarifies how this applies in several key respects, as discussed below:
- disclosure obligations of manufacturers;
- disclosure obligations of merchants;
- the meaning of “commonly available” with respect to tools that are required to repair manufactured goods; and
- situations in which the use of manufacturing techniques that make end-user repairs difficult may nevertheless be permissible.
Manufacturers’ disclosure obligations
To release itself from the obligation to supply replacement parts, repair services and/or information necessary to maintain or repair the goods, the manufacturer must disclose whether it entirely, partially or in no way guarantees the availability of these elements. The disclosure must be:
- available online;
- made in a prominent and comprehensible manner;
- presented in a format that can be easily printed and retained; and
- included in a prominent and comprehensible manner in any user or maintenance manual provided with the good, if applicable.
In the case of a partial warranty, the manufacturer must also disclose, in the same manner, information making it possible to easily identify the replacement parts, repair services or information necessary to maintain or repair the goods whose availability it does not guarantee. For example, this could take the form of a list of items not covered by the warranty.
Merchants’ disclosure obligations
Before entering into a contract, the merchant must disclose clearly and in writing whether it entirely, partially or in no way guarantees the availability of replacement parts, repair services or information necessary to maintain or repair the goods.
In the case of a partial warranty, the merchant must also disclose, in the same manner, information making it possible to easily identify the replacement parts, repair services or information necessary to maintain or repair the goods whose availability it does not guarantee. As in the case of a manufacturer, this could take the form of a list of items not covered by the warranty.
In addition, before entering into a contract online, the merchant must publish near its own disclosure the hyperlink (if such a hyperlink exists) leading towards the manufacturer’s disclosure regarding its replacement parts and repair services warranty. Ther merchant is relieved of this obligation if the manufacturer has not made such a link available.
A merchant may, however, avoid the obligation of providing the disclosure relating to the replacement parts and repair services warranty in writing prior to entering into a contract if it publishes that information online:
- in a prominent and comprehensible manner;
- in a way that allows the consumer to easily retain and print it in paper form; and
- in proximity to the hyperlink (if such a hyperlink exists) leading to the manufacturer’s disclosure regarding its replacement parts and repair services warranty.
Meaning of “commonly available tool”
Pursuant to changes introduced by Bill 29, it must also be possible to install such replacement parts using commonly available tools. The Regulation clarifies that a tool is considered commonly available where it:
- is provided free of charge not later than when the consumer takes possession of the goods; or
- can be obtained by means of a distance contract[1] at a reasonable price and within a reasonable time.
Use of techniques that make maintenance or repair more difficult
A merchant or manufacturer may use a technique that has the effect of making it more difficult to maintain or repair goods if the use of the technique is:
- necessary to protect the consumer or his or her mandatary from a grave, serious, direct and immediate risk to that person’s safety, except if the mandatary is a person who provides services to repair or maintain goods as part of the operation of an enterprise; or
- required to ensure compliance with an Act or regulation.
Going Forward
As we draw closer to the October 5, 2025 deadline, businesses should start updating their websites and user manuals to include these new disclosure requirements; ensure technical documentation, where applicable, is accessible to consumers and up to date; and train staff on new requirements.
[1] A distance contract is a contract entered into without the merchant and the consumer being in one another’s presence and preceded by an offer by the merchant to enter into such a contract. For example, purchases made online or by telephone constitute distance contracts.
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