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Introduction
On September 5, 2025, the Office de la protection du consommateur (the "OPC")1 published guidance on its website (the "Guidance"2) on the warranty of availability of spare parts, repair services, and information necessary for repairs and maintenance (the "Warranty").
The Warranty was strengthened by the Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods ("Bill 29") in October 20233, and was further specified in the new draft regulation published in its final version on June 18, 2025 (the "Regulation")4. The Regulation establishes the obligations of merchants and manufacturers to disclose information on the availability of replacement parts, repair services, and the information needed to maintain or repair goods that require maintenance as required by sections 39.1 and 39.2 of the Consumer Protection Act (the "CPA").
The Guidance provides the OPC's interpretation of these new rules, with specific emphasis on how mandatory disclosures concerning the Warranty must be communicated to consumers in Québec for both online and in-store sales. While it does not replace the actual text of Bill 29 or the Regulation, it offers valuable insight into how the OPC may interpret and enforce the new requirements.
Scope of Goods Covered by the Warranty
Following the adoption of Bill 29, section 39 of the CPA was amended to include several new requirements concerning the availability of parts and repair services, and to add obligations relating to the information needed to maintain and repair goods, including diagnostic software and updates. These obligations apply only to goods that require maintenance, such as those whose use may require the replacement, cleaning or updating of any component(s).
In its Guidance, the OPC provides the following examples of goods which it considers as being subject to the Warranty: toaster, electric toothbrush, cell phone, vacuum cleaner, dishwasher, heat pump, spa, lawnmower, electric bike, automobile, computer, and television.
These examples confirm that the OPC's interpretation of the notion of goods "of a nature that requires maintenance work" is broad and covers any products with batteries, a motor, detachable parts, or electronic functions. As neither Bill 29, the Regulation or the OPC's guidance contain a full list of all products covered, the legislator has left it up to manufacturers and retailers to consider whether their products are covered or not by the Warranty5.
Mandatory Disclosures and Exclusion of the Warranty
Pursuant to section 39 CPA, a merchant or manufacturer may be released from its obligations under that section if it warns the consumer in writing, before the contract is entered into, that it will not supply any replacement parts, repair services or information needed to maintain or repair the good.
The Regulation specifies the relevant terms and conditions governing such disclosures by merchants and manufacturers6:
- Manufacturers must disclose online whether replacement parts, repair services, and maintenance information are available, partially available, or not available. If availability is only partially guaranteed, they must also disclose, in the same manner, the information making it possible to easily identify the replacement parts, repair services, or maintenance information whose availability is not guaranteed. This information must be presented clearly and prominently, in a format that can be easily retained and printed, and, where applicable, included in the product manual7.
- Merchants are subject to the same obligation, but the disclosure must be made before the contract is concluded. In the case of online sales, merchants must also provide a hyperlink to the manufacturer's disclosure8. Merchants may be exempt from providing this information in writing if it is published online, provided that the information is presented in a clear and prominent manner, can be easily retained and printed by the consumer, and includes a hyperlink to the manufacturer's disclosure, where applicable9.
Some may read these new rules as meaning that manufacturers and retailers that wish to disclaim the Warranty (as is allowed under Bill 29 and the Regulation) and which complied with their obligations with respect to mandatory disclosures on the Warranty in the specific manners prescribed by the Regulation will have validly disclaimed the Warranty as provided by section 39 CPA.
However, in its Guidance, the OPC indicates that, in order to disclaim the Warranty, merchants and manufacturers remain independently responsible for notifying consumers in writing, before the contract is entered into, of what they do not intend to provide with respect to a given good.
Accordingly, the OPC takes the position that passive posting online or in the user manual, even if technically compliant with the Regulation, is not sufficient. The disclaimer must always be explicitly presented to the consumer in writing before the contract is concluded in order to validly disclaim the Warranty, whether partially or entirely.
The OPC illustrates its interpretation with a series of examples:
Example of Valid Exemption – Online Transaction
- A merchant or manufacturer indicates on its transactional website that it does not provide replacement parts for a vacuum cleaner. The same mention appears in a summary of the order. It is easy to understand, clearly presented and requires confirmation from the consumer that he or she has read it in order to make the purchase online.
Example of Valid Exemption – In-Store Transactions
- A cell phone merchant does not provide spare parts for this good. It is clearly and legibly displayed beside the price of the goods displayed in the store.
- A manufacturer offers a bicycle in a merchant's store. This manufacturer does not provide repair services for this property. The indication is prominently displayed on a label that the bicycle was affixed directly to the bicycle by the operator before it was delivered to the dealer.
- A manufacturer offers a dishwasher in a merchant's store. This manufacturer does not provide repair services for this property. He makes an agreement with the merchant so that the statement appears clearly and legibly beside the price of the dishwasher displayed in the store.
Counterexamples
According to the OPC, the following procedures are not sufficient to disclaim the Warranty:
- A manufacturer publishes the information online, as provided for in the example relating to section 79.18 of the Regulations. This manufacturer cannot be sure that the consumer saw the information before entering into a contract with a merchant.
- A merchant publishes the information on its website, as provided for in the example concerning section 79.20 of the Regulation. This merchant cannot be sure that the consumer saw the information before entering into a contract in-store.
These counterexamples confirm that, according to the OPC, online disclosure in accordance with the Regulation, but without written communication to the consumer prior to the contract, is not sufficient to disclaim the Warranty.
Warranty Exclusions for Online and In-Store Sales
For online sales
For online sales, the OPC's Guidance suggests that disclaimers should be integrated directly into the checkout process rather than being confined to a static "policies" page. In practice, this could mean that the disclaimer ought to appear on the order summary page immediately before the final payment step. The OPC also indicates that it expects some form of active acknowledgment from consumers, such as a mandatory check-box requiring them to confirm that they have read and understood the disclaimer before completing the transaction. It further appears that the disclaimer should be reproduced in the order confirmation email, in order to create a durable record of pre-contract disclosure.
Based on the Guidance, retailers may not be able to rely on a hyperlink to its suppliers disclaimers posted on a general page on their website. Instead, both the retailer's own disclaimer and the manufacturer's disclaimer would likely need to be presented within the checkout flow itself.
For in-store sales
For in-store sales, the OPC indicates that disclaimers should be visible and communicated in writing before payment, at a stage where the consumer is still deciding whether to purchase the product. In practice, this could imply that retailers should ensure both their own disclaimer and the manufacturer's disclaimer are presented in a clear and accessible manner. According to the OPC, this might be achieved, for example, by means of signage displayed next to the product price, labels affixed directly to the product or its packaging, or handouts provided to the consumer before payment. The Guidance also points out that manufacturers may wish to adapt packaging or affix labels for goods sold in Québec.
According to the OPC, if disclaimers are not presented in this way, both the retailer and the manufacturer could remain bound by the Warranty.
The OPC's interpretation of the new rules surrounding communication of disclaimers regarding the Warranty raises significant logistical and operational challenges for retailers and manufacturers, particularly for in-store sales and for retailers that sell a wide variety of products from different suppliers.
Conclusion
The new rules introduced under the Regulation will come into force on October 5, 2025.
In this context, manufacturers and merchants doing business in Québec should identify which of their products qualify as Covered Goods under the Warranty, reviewing and updating consumer-facing disclosures, and considering adjustments to packaging, signage, and checkout flows. They may also need to revise contracts and product documentation to include the mandatory notices required by the Regulation.
We will continue to closely monitor developments regarding the adoption, interpretation and application of these new rules. The Fasken team is available to answer your questions and help you prepare for and comply with the new requirements provided under the Regulation and the CPA.
Footnotes
1. The OPC is the Québec government agency responsible for enforcement of consumer protection legislation in Québec.
2. To consult the full text of the OPC's Guidance, see (In French Only): " data-link-cta="https://www.opc.gouv.qc.ca/commercant/pratique-commerce/garanties/outils-garantie- disponibilite/.
3. For more information on this topic, we invite you to read our bulletin entitled: Done Deal: Quebec Adopts Sweeping Legislation Against Planned Obsolescence and for the Right to Repair Consumer Goods.
4. To consult the full text of the Regulation:https://www.publicationsduquebec.gouv.qc.ca/fileadmin/gazette/pdf_encrypte/lois_reglements/2025A/107537.pdf
5. In this regard, the scope of products covered by the Warranty should not be confused with the scope of products covered by the new warranty of good working order for certain specific durations of time which is scheduled to come into effect on October 5, 2026. Such warranty of good working order only applies to specific types of new goods, namely stove/oven, refrigerator, freezer, dishwasher, washing machine, dryer, television set, desktop computer, laptop computer, electronic pad, cellular telephone, video game console, air conditioner, heat pump and any other goods determined by regulation.
6. For more information on this topic, we invite you to read our bulletin entitled: Bill 29 – Québec Publishes Draft Regulation Regarding the Warranty of Availability of Replacement Parts and Repair Services
7. Regulation, Section 79.18.
8. egulation, Section 79.19.
9. Regulation, Section 79.20.
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.
