On February 27, 2013, the government of Quebec introduced the
Regulation to amend the Regulation respecting the application
of the Consumer Protection Act (proposed regulation.) The
proposed amendments will:
Exempt merchants from including the deposit payable for
recycling in the advertised price.
Allow merchants to charge a price higher than the one
advertised if the consumer pays cash and the only difference in
price results from rounding up to the nearest 5-cent
Provide an exemption until December 31, 2015, on the
prohibition against providing an expiry date on a gift card when
the following conditions are encountered:
the card is issued by a tourism enterprise; and
the card is usable during an entire determined season
exclusively for a determined service that is seasonal by
Provide that where a contract for the sale of goods is entered
into at the same time as a principal contract or upon its
performance, the contract is exempt from the application of certain
rules applicable to remote-party contracts.
The proposed regulation will come into force on a date yet to be
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The recent decision of the Ontario Court of Appeal in BMW Financial Services Canada, a Division of BMW Canada Inc. v. McLean provides some useful insight into the relationship between automobile dealers and the financing arms of the manufacturers for whom those dealers are franchisees.
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