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On October 5, 2026, a new statutory warranty of good working order covering certain goods will take effect in Québec. Provided in sections 38.1 through 38.9 of the Consumer Protection Act (the “CPA”),1 this warranty, which applies to certain new consumer goods, differs from contractual warranties, extended warranties, and the statutory warranty of quality.
Also coming into effect on October 5 is the Regulation to Amend the Regulation Respecting the Application of the Consumer Protection Act2 (the “Regulation”), which will, among other things, specify the minimum warranty periods applicable to certain goods and the obligations of manufacturers and merchants with respect to the disclosure of information relating to this warranty.
These changes are part of the broader context of An Act to Protect Consumers From Planned Obsolescence and to Promote the Durability, Repairability and Maintenance of Goods.3
The warranty of good working order and designated durations
The warranty of good working order is a statutory warranty that applies to specific goods for the following minimum durations set forth in the Regulation:4
|
Category of goods |
Duration of the statutory warranty of good working order |
|
Stove |
6 years |
|
Dishwasher |
5 years |
|
Television |
4 years |
|
Desktop computer |
3 years |
The legislature has also provided that other goods may be added to this list by regulation.
The goods in question must function properly throughout the applicable minimum period; otherwise, the consumer may demand that they be repaired at the expense of the merchant and the manufacturer. The warranty takes effect upon delivery of the goods to the consumer and includes the parts and labour necessary to repair the goods.
Disclosure obligations of manufacturers and merchants
The new framework also imposes information and transparency obligations on both manufacturers and merchants in connection with this warranty of good working order.
Specifically, the manufacturer of a good covered by the warranty of good working order must disclose, in a clear and understandable manner online, the information regarding the applicable duration. This information must be made available to enable merchants to fulfill their own disclosure obligations. The merchant is required to display the duration of the warranty of good working order near the advertised price of the product. This obligation applies regardless of the sales channel, including transactional website, promotional flyer, or in-store point of sale.5
Furthermore, before any merchant offers a consumer an additional warranty (extended warranty or protection plan), they will now be required to use a notice prescribed by the Regulation and to provide this notice to the consumer in writing, or in a printable format when the warranty is offered online.
The merchant is also required to verbally inform the consumer of the following information when entering into the contract in person: “The Act requires the manufacturer and the merchant to warrant the good working order of the goods for (specify the warranty period here) years from the delivery of the goods. This warranty is free of charge.”
Practical recommendations
To comply with the new requirements by October 5, 2026, manufacturers and merchants doing business in Québec should be aware of the legislative changes mentioned above and remain attentive to any regulatory changes in this area, as they may arise.
Merchants and manufacturers cannot exempt themselves from this statutory warranty, and any attempt to exclude or limit it would be ineffective with respect to consumers. In this context, a proactive approach is essential: businesses that anticipate these changes and adapt their practices accordingly will be better positioned to avoid compliance issues.
Read the original article on GowlingWLG.com
Footnotes
1. RLRQ, Section P-40.1.
2. (2025) 157 G.O.Q. II, No. 51, 6895.
4. Art. 38.1 CPA.
5. Office de la protection du consommateur, Questions and Answers on the Warranty of good working order for Household Appliances and Electronic Devices online (in French only) [Translation].
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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