Quebec Releases Final Regulations on Repair and Replacement Obligations Under the Consumer Protection Act

On June 25, 2025, the Quebec government published the final draft of the Regulation to amend the Regulation respecting the application of the Consumer Protection Act (the “Regulation”), which enters into force on October 5, 2025.

This Regulation implements some of the many changes introduced by Bill 29 - An Act to protect consumers from planned obsolescence and to promote the durability, repairability, and maintenance of goods, which we first wrote about in 2023 here. Bill 29 primarily prohibits practices that reduce the lifespan of certain consumer goods (referred to as planned obsolescence), enhances the legal warranty of good working order and, most importantly, provides consumers with a right to repair the goods they have purchased which are of a nature that require maintenance.

The final Regulation builds on the draft version released on January 22, 2025, incorporating feedback from industry stakeholders and providing for certain elements of nuance and detail in connection with several key obligations for merchants and manufacturers. We highlight the most significant changes and additions below.

Draft Regulation Published January 2025

Bill 29 introduced certain requirements for goods that need maintenance work. It stipulated that merchants and manufacturers must guarantee the availability of replacement parts, repair services, and necessary maintenance information for a reasonable period after the transaction, unless they provide prior written notice to the consumer that they do not provide such guarantee.

The draft Regulations stated that replacement parts must be installed using "commonly available" tools, either provided free to consumers or obtainable online or in-store at a reasonable price and within a reasonable time.

The draft also specified that manufacturers must disclose the availability of these services online in a manner that is clear, and which can be printed and retained by consumers, while merchants, prior to finalizing the transaction, must provide this information in writing and include a hyperlink to the manufacturer's prescribed disclosure information.

New Takeaways from Final Regulations

Commonly Available Tool

The final Regulation introduces important nuances to the concept of a “commonly available tool”. It specifies that a tool is considered commonly available, in particular (a qualifier that was absent from the draft Regulation) where it:

• is provided to the consumer for free no later than when the consumer takes possession of the good; or
• can be obtained by means of a distance contract (another detail that is new to the final Regulation) at a reasonable price and within a reasonable time.

The integration of “in particular” potentially widens the definition of a commonly available tool suggesting that the listed criteria are illustrative rather than exhaustive.

Additionally, the inclusion of "by means of a distance contract” focuses on whether consumers can obtain the tool, for example, online, by mail order or phone, making in-store availability irrelevant. This change may ease the burden for merchants and manufacturers who may no longer need to ensure tools are stocked or available in physical stores, provided that the tool is either available online or provided with the product. On the other hand, this shift may also raise consumer expectation,  and if a tool is not provided with the good, consumers may now expect a seamless and affordable way to obtain it online.

Unsurprisingly, the final Regulations leave the terms “reasonable price” and “reasonable time” undefined. As such, we expect these terms to be the subject of court interpretation on a case by case basis.

Manufacturer and Merchant Disclosure Obligations

Manufacturer

As we discussed in a prior blog post, Bill 29 imposes disclosure obligations on manufacturers regarding the availability of replacement parts, repair services, and maintenance information for their goods. Manufacturers must specify whether these services are fully, partially, or not at all guaranteed.

The draft Regulation stated that partial guarantees triggered the need to also disclose a full list of the elements that were not guaranteed. The final Regulation moves away from a specific listing obligation and adopts a more flexible approach. It now requires that consumers be able to identify the replacement parts, repair services, and information whose availability is not guaranteed.

As before, this information must be presented online, in a prominent and comprehensible manner and, in a manner that allows consumers to easily retain and print the information. Further, if a manufacturer makes a user manual available this information also needs to be included therein, again in a prominent and comprehensible manner.

Merchant

Merchants are subject to parallel disclosure obligations. They must disclose the information in writing before concluding a transaction and, for online contracts, provide a hyperlink to the manufacturer's disclosure close to their own.

However, the final Regulation introduces a key limitation for merchants: the hyperlink to the manufacturer’s disclosures must be published near the merchant’s own disclosures but only if such a hyperlink exists. This caveat seems to limit the liability between merchants and manufacturers. If manufacturers do not disclose the required information online (e.g., replacement parts, repair services), merchants might not be liable for not publishing the manufacturer’s hyperlink provided the merchants have otherwise complied with their own disclosure obligations.

Exceptions Relating to Consumer Safety

While Bill 29 generally forbids merchants and manufacturers from using techniques that have the outcome of making it more difficult for consumers to repair or maintain goods, the draft Regulation provided a carve-out stating that merchants and manufacturers would not be considered to be contravening the Consumer Protection Act if they could prove that such a technique was the only way to protect the consumer (or his mandatary) against a grave, serious, direct, and immediate risk to safety (unless this mandatary is a person offering repair or maintenance services as part of a business).

The final Regulation establishes a more flexible standard. Merchants and manufacturers can now benefit from the exception so long as they can prove that the technique is necessary (rather than the “only way”) to protect the consumer (or his mandatary) against a grave, serious, direct, and immediate risk to that person’s physical safety (unless this mandatary is a person offering repair or maintenance services as part of a business).

Key Takeaways for Businesses

Given the complexity and operational implications of these obligations, businesses operating in Quebec should take proactive steps to ensure compliance with the final Regulation before it comes into force on October 5, 2025. This includes:

• Reviewing product lines to confirm availability timelines and replacement parts;
• Updating consumer-facing materials to reflect new disclosure obligations;
• Ensuring technical documentation is accessible and complete;
• Training staff on updated requirements and exemptions.

While the minor concessions in final Regulation provide some relief, additional regulations are expected in the coming months as Bill 29 continues to come into force in waves. For any questions you may have regarding the Regulation, we invite you to contact a member of our team.

McCarthy Tétrault LLP’s regulatory group is here to help your business navigate this rapidly evolving regulatory area, ensure that your practices are compliant with all applicable laws, regulations, and industry requirements, and advise on engagement with regulators.