Publication of Draft Bill 29 Regulations Setting Out Prescribed Durations of Warranties for Specific Categories of Goods

This article is part of our series on recent amendments to the Quebec Consumer Protection Act under Bill 29. To learn more about recent developments, please consult our earlier publications on this subject:

• Draft Regulations Clarify Warranty and Repair Obligations Under Quebec’s Bill 29 on Planned Obsolescence (January 29, 2025)
• Quebec Releases Final Regulations on Repair and Replacement Obligations Under the Consumer Protection Act (July 7, 2025)

On July 16, 2025, the Québec government published a draft of the Regulation to amend the Regulation respecting the application of the Consumer Protection Act (the “Regulation”), which will come into force on October 5, 2026 and which constitutes the most recent element of the consumer protection framework introduced by Bill 29.

While much of the Regulation focuses on the prescribed durations applicable to the warranty of good working order, it also introduces stricter obligations for merchants offering extended warranties. We have summarized the most important takeaways below.

Prescribed Durations for Legal Warranty of Good Working Order

The Regulation prescribes specific durations for the legal warranty of good working order for a finite list of certain categories of goods (which is set out in its current form below, but remains subject to change by regulation, pursuant to section 38.1, a new provision enacted by Bill 29), requiring those goods to function properly for a minimum prescribed period, which varies depending on the type of product; if a good can not be said to be in good working order within the warranty window, then the merchant or manufacturer is required to assume the costs of repair.

This warranty of good working order applies in addition to (and in some way duplicates) the standard pre-existing legal warranty of quality, durability, fitness for use. It covers both parts and labour, but does not extend to i) normal maintenance services or the replacement of parts resulting from such maintenance, ii) damage caused by consumer abuse, or iii) any accessory not specifically determined by regulation.

The specific warranty durations applicable to the prescribed categories of goods are as follows:

Means of Disclosure

The duration of the warranty of good working order must be disclosed:

1. by the manufacturer, online in a prominent and comprehensible manner; and
2. by the merchant, via a written document provided to the consumer immediately after the entering into of the contract, displaying the following compulsory clause.

“LEGAL WARRANTY OF GOOD WORKING ORDER

The good working order of certain new goods is guaranteed for a number of years from the delivery of the goods (sections 38.1 and following of the Consumer Protection Act):

In the event of malfunction of the goods under warranty, contact the manufacturer and/or the merchant. They are under an obligation to repair the goods free of charge.

The legal warranty of good working order is in addition to other legal warranties free of charge. They allow you to require that the goods be fit for the purposes for which goods of that kind are ordinarily used (section 37 of the Act) and durable in normal use for a reasonable length of time (section 38 of the Act).

For more information on the warranties, go to the website of the Office de la protection du consommateur at Québec.ca/garanties-consommateur.”

Additional Warranties: New Pre-Sale Disclosure Obligations

Before offering an extended warranty to a consumer, merchants are already required under the existing section 228.1 of the Consumer Protection Act (the “Act”) to inform the consumer both orally and in writing of the existence and nature of the legal warranty that applies automatically under the Act and which guarantees that goods are fit for their intended use, durable for a reasonable length of time, and free of hidden defects.

Building on this existing obligation, the draft Regulation requires merchants to provide to consumers, prior to offering an extended warranty, a paper document containing only the prescribed compulsory notice. This written disclosure now exists in four distinct versions, tailored respectively to: goods covered by a legal warranty of good working order, used automobiles, used motorcycles, and all other goods. This new obligation is similar to the existing disclosure requirement that applies to the warranty rights enshrined in sections 37 and 38 of the Consumer Protection Act.

The full notice for each of these categories may be consulted by accessing the draft Regulation here.

This obligation complements the introduction of section 228.2 of the Consumer Protection Act, which provide that merchants must inform the consumer of the existence and duration of the legal warranty (which applies automatically and free of charge) prescribed by law before proposing the sale of an additional (or “extended”) warranty.

Remote Sales Exception

The Regulation contemplates an exception for contracts of sale entered into over the phone – under these circumstances, rather than providing the written notice on legal warranties prior to the sale, merchants are granted a period of 15 days within the contract being finalized.

Key Takeaways for Businesses

• Businesses that manufacture or sell certain categories of goods—including appliances, electronics, and computing devices—should be aware that the Regulation now prescribes specific durations for the legal warranty of good working order (ranging from 3 to 6 years depending on the product type). These durations must be clearly disclosed by manufacturers online and by merchants in writing at the time of sale, using standardized language mandated by the Regulation.
• Businesses that offer extended warranties must comply with new pre-sale disclosure obligations. Before proposing the sale of an additional warranty, merchants are required to provide consumers with a paper document containing only a specific compulsory notice. The content of this notice varies depending on the type of good (e.g., new goods, used automobiles, used motorcycles, or other goods).

Given that this Regulation is still in draft form, the summary provided here remains subject to the publication of the final Regulation. McCarthy Tétrault LLP’s litigation and 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 and future litigations.