Quebec's Consumer Protection Act (CPA) contains some of the strictest distance-selling rules in North America. If a merchant sells to a Quebec consumer without being face-to-face — by phone, website, email or app — specific disclosure obligations apply before, during and after the sale. If any step is missed, the consumer has a right to cancel without penalty. Understanding these rules matters even if the merchant is outside Quebec: the CPA applies to any merchant doing business with Quebec consumers, and the Office de la protection du consommateur enforces it actively.
What is a Distance Contract?
A distance contract in Quebec is a consumer contract entered into between a merchant and consumer who are not physically together (art. 54.1 CPA). The CPA requires specific pre-contractual disclosure (art. 54.4), a written summary before the consumer accepts, a 7-day cancellation right if merchant disclosure is missed or if a deposit is charged before delivery. Protections also apply to internet contracts, telephone subscriptions, and pre-paid or tacitly renewing service contracts under recent reforms (Loi sur la protection du consommateur, R.S.Q. c. P-40.1).
Red flags to watch for
Art. 54.4 CPA requires the merchant to disclose specified information and give the consumer an opportunity to accept. Missing summary = 7-day cancellation right.
Distance contracts require clear consumer acceptance. Buried-acceptance flows are a direct breach, and the Office de la protection du consommateur has fined sellers for this.
Art. 123.1 CPA regulates credit-card payment authorisations. Unlimited pre-authorisations without clear consent are challengeable.
Recent amendments (2023–2024) have tightened disclosure of tacit renewal. If the renewal term is buried in fine print, it may be unenforceable.
Art. 11.1 CPA renders pre-dispute arbitration clauses unenforceable against consumers. The Quebec courts retain jurisdiction despite what the contract says.
The CPA allows consumers to cancel by any means that records the cancellation. Forcing a phone call is not legally required and is typically used to create retention pressure.
Art. 224 CPA and regulations require all-in pricing — the headline price should include everything except GST/QST. Hidden shipping fees breach this rule.
Your legal rights
Quebec's Consumer Protection Act (R.S.Q. c. P-40.1) applies to any merchant who sells to a Quebec consumer, regardless of the merchant's location. Art. 54.1–54.16 set the distance-contract regime: pre-disclosure requirements, contract formation, 7-day cancellation for disclosure failures, and 15-day chargeback rights through the card issuer if the merchant fails to deliver. Art. 11.1 voids pre-dispute arbitration clauses. Art. 214.1–214.2 regulate tacit renewal of subscription services (requires explicit notice to the consumer before the contract renews). Civil Code of Quebec art. 1435 requires external clauses (like online terms) to be expressly brought to the consumer's attention. The Office de la protection du consommateur can investigate and fine; consumers can sue in Quebec courts including the small claims division (up to $15,000).
Questions to ask before you sign
- 1Was I given a written summary of all terms before I accepted?
- 2Where and how is the cancellation right explained, and what is the deadline?
- 3Is there a tacit renewal clause, and will I receive statutory notice before it activates?
- 4How is the total price disclosed — does it include all non-tax charges?
- 5What dispute-resolution clause applies, and is it consistent with Quebec law (no mandatory arbitration)?
- 6How do I cancel — can it be done by email, form, letter?
- 7If I pay a deposit before delivery, when does the chargeback right start?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.