CANADA Trends and Developments Contributed by: Anthony Franceschini, INF LLP
Assuming no exclusion has been made and the Avail - ability Warranty applies and is being enforced, the merchant or manufacturer must first repair the good. If it cannot do so, the consumer may have the good repaired by a third party at the merchant’s or manu - facturer’s expense. Failing successful repair, the mer - chant or manufacturer must replace the good entirely or reimburse the consumer. The Good Working Order Warranty (in force 5 October 2026) The third and final major reform introduced by Bill 29 is the new statutory Good Working Order Warranty for specific household appliances and electronic devices. This warranty will come into force on 5 October 2026, pursuant to amendments made to the Regulation respecting the application of the Consumer Protec - The Good Working Order Warranty applies to spe - cific new goods sold or leased to consumers by a merchant. Unlike the general legal warranty of qual - ity under the CPA, the Good Working Order Warranty establishes fixed minimum durations by product cat - egory, as determined by the regulation. Thus far, the tion Act published in late 2025. Covered goods and duration regulated warranty durations are as follows. • stove/refrigerator/freezer/air conditioner/heat pump: six years. • washing machine/dryer /dishwasher: five years. • television: four years. • laptop or desktop computer/video game console/ mobile phone/electronic tablet: three years. These durations represent a legislative determination of what constitutes a reasonable minimum useful life for each category of products. They are minimum standards so a merchant or manufacturer can offer longer coverage, but may not offer less. A product that fails to function properly within the applicable war - ranty period will be presumed not to meet the required standard, without any further burden of proof on the consumer. A consumer whose covered good malfunctions during the Good Working Order Warranty period may bring a claim against the merchant, the manufacturer, or
both. The Warranty is also fully transferable. It fol - lows the good rather than the original buyer, mean - ing that a consumer who purchases a covered good second-hand is entitled to the benefit of any remaining warranty period from both the manufacturer and the merchant who originally sold or leased it as new. The objective of the regulator was to significantly enhance the resale value of covered goods. When a covered good malfunctions during the war - ranty period, the merchant and manufacturer may (i) repair the good free of charge, including all parts and labour; or (ii)allow the consumer to have the good repaired by a third party of the consumer’s choice, but at the merchant/manufacturer’s cost. In both cases, reasonable transportation or shipping costs are also covered by the Warranty. Similar to the general legal warranty of quality, the Good Working Order Warranty does not cover dam - age resulting from the consumer’s abnormal or abu - sive use of the good, nor does it cover the normal maintenance of the good or the replacement of parts that results from such maintenance. Merchants are required to advertise the duration of the Good Working Order Warranty prominently, adjacent to the product’s listed price (whether in-store, online, in print advertising, or in flyers). Any merchant who proposes to sell a consumer an extended or additional warranty for a covered good must first provide written notice to the consumer dis - closing the existence and duration of the applicable Good Working Order Warranty. This requirement is designed to prevent the sale of extended warranties that merely replicate coverage that the consumer already benefits from for free under the CPA. Consumers also have a mandatory ten-day cooling- off period during which they may cancel any contract for an extended or additional warranty without cost or penalty. This cooling-off right cannot be waived by contract. Conclusion Bill 29 marks a generational shift in Québec consum - er protection law. By combining a ban on planned
73 CHAMBERS.COM
Powered by FlippingBook