CANADA Trends and Developments Contributed by: Anthony Franceschini, INF LLP
Because the dealership failed to contest the claim, and the manufacturer was not sued, this judgment was rendered without the benefit of any defence evi - dence or argument. This significantly limits its prec - edential value. It remains to be seen whether future contested decisions offer more discussion and analy - sis on the new “lemon law” provisions. The Availability Warranty for replacement parts, repair services, and maintenance information (in force 5 October 2025) The Availability Warranty applies to any good sold to consumers in Québec that is by nature likely to require maintenance work. The regulator has speci - fied that this encompasses any good whose use may require the replacement, cleaning, or updating of one of its components, such as: toasters, electric tooth - brushes, cell phones, vacuum cleaners, dishwash - ers, heat pumps, spas, lawn mowers, bicycles, and automobiles. The good may be new or second-hand, and it must have been purchased or leased from a merchant. Both the merchant and the manufacturer are inde - pendently bound by the Availability Warranty. For a reasonable period following the conclusion of the con - tract, they must each make available to consumers: • replacement parts, at a reasonable price; • repair services; and • the information necessary for the maintenance or repair of the good (including diagnostic software and its updates), in French. Importantly, where this information is available on a technological medium, it must be provided free of charge. Supply chains for replacement parts in Québec must therefore be structured to ensure availability for a reasonable period post-sale, and ensure all mainte - nance and repair information or software is available in French. The Act specifies that replacement parts must be installable using commonly available tools and with - out causing irreversible damage to the good. This requirement directly seeks to prohibit the use of pro -
prietary locks, fasteners or adhesives that physically or digitally prevent repair by any person other than an authorised service provider. Both merchants and manufacturers bear affirmative disclosure obligations under the Availability Warranty regime. The manufacturer must disclose online, clear - ly and conspicuously, whether each of the three ele - ments (replacement parts, repair services, and main - tenance information) is available, partially available, or unavailable in relation to each good it offers. Where an element is only partially available, the manufacturer must provide sufficient information for the consumer to determine precisely which parts, services, or infor - mation are not accessible. This can be a burdensome exercise in a world where parts inventories and pro - duction lead times are in constant flux. The merchant’s disclosure obligation is similar but must be fulfilled before the conclusion of the con - tract. For in-store sales, the merchant must provide this information to the consumer in writing at the point of sale. For online sales, the disclosure must appear conspicuously near the product listing, together with a hyperlink to the manufacturer’s corresponding avail - ability information. An online-only publication of the availability information may exempt the merchant from the physical disclosure requirement, provided the online information is clear and easily printable. A merchant or manufacturer may be released (or excluded) from the Availability Warranty only by pro - viding written notice to the consumer, before the conclusion of the contract, that it does not make replacement parts, repair services, or maintenance information available for the relevant good. This opt- out mechanism requires advance disclosure to the consumer. As a result, a number of merchants and manufacturers have added legal notices to their transactional web - sites to advise Québec consumers that they do not guarantee the availability of replacement parts, repair services, or maintenance information. It remains to be seen whether the courts will uphold such limitations or take issue with this new widespread practice.
72 CHAMBERS.COM
Powered by FlippingBook