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Éducaloi is a non-profit organization whose mission is to inform Quebecers of their rights and obligations by providing quality legal information in everyday language.
La loi vos droits
Clientele : Consumers
Subject : The Consumer Protection Act
Print date : February 7th, 2012
 Consumers
As the name suggests, the Consumer Protection Act protects consumers when they do business with merchants. But to benefit from this law, it’s important to know what kinds of situations it covers.
In this Infosheet, Éducaloi explains some basic principles of the Consumer Protection Act.   
Almost every day, you enter into contracts: you buy a coffee in the morning on the way to work, you eat at a restaurant at lunch, you go to a tanning salon and the hairdresser, you guy food at the grocery store, etc. All of these are contracts, even though they seem routine and unimportant.
When you enter into a contract with merchants in your neighbourhood, you are acting as a consumer, and the Consumer Protection Act applies to you! It is important to know that the Act does not protect merchants. The Act only protects individuals who enter into contracts for their personal needs. 
A consumer is a person who enters into a contract with a merchant to buy goods or services for his personal needs. A merchant is a person who sells, rents or offers goods or services as part of his business activities.
If you decide to sell your car to a neighbour, the Consumer Protection Act does not apply to you because you don’t fit the definition of merchant. For the law to apply, you have to sell cars as part of a business. So, when two non-merchants enter into a contract, they aren’t covered by this law. The same is true if two merchants sign a contract in the course of their work.
This law applies when a consumer enters into a contract with a merchant. For example, when you go to a shopping centre and buy something from a merchant, you are considered to be a consumer. The Consumer Protection Act protects you.
Or, if you join a gym or take painting classes with a private company, you are a consumer entering into a contract with a merchant and the Act protects you. The Consumer Protection Act applies to contracts for goods or services, whether the contract is for a sale, a lease, credit, or a loan. You have a long-term car lease? Get informed! The Consumer Protection Act applies to your dealings with the car dealer.
No, the purpose of this law is not to protect merchants. Rather, it protects consumers in their dealings with merchants.
Nevertheless, someone who is a professional merchant is considered to be a consumer if he enters into a contract for his personal needs. So, if a merchant buys a bagel from the bakery for breakfast, he is acting as a consumer because the purchase is for himself and not his business. On the other hand, if the merchant runs a hair salon and buys a dozen hairdryers for the salon, the Consumer Protection Act does not protect him because he is not acting as a “consumer”.
This law protects you when you enter into certain kinds of contracts with merchants (repair of household appliances, door-to-door salespeople, etc.).
This law also protects you in a more general way by prohibiting dishonest business practices by merchants, such as false or misleading advertising. Now it’s up to you to learn more about the Consumer Protection Act and become a well-informed consumer! For more information, consult the Infosheets in our “Consumers” section.
Éducaloi does not provide any legal advice or counseling. The information contained in its website constitutes a general source of information and does not in any way replace the services of a lawyer or notary.
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