On October 5, the new provisions of the regulation governing the new statutory warranty of fitness for purpose provided for in the Consumer Protection Act (“CPA”) will take effect. They will mark a significant transformation of the legal framework applicable to consumer goods in Quebec1.
It should be noted that all of this remains contingent on the outcome of an appeal recently filed by Groupe BMTC Inc. seeking to have these provisions set aside.
What is the new statutory warranty against defects?
Adopted on December 17, 2025, as part of Bill 29, the new provisions will impose additional obligations to retailers and manufacturers, notably by increasing their obligations to provide information to consumers, imposing new responsibilities on them, and, more specifically, establishing minimum warranty periods applicable to certain consumer goods.
In its current form, the CPA provides, in particular, for the application of a legal presumption of durability, according to which a good must be able of serving its normal purpose for a reasonable period of time, taking into account its price, the terms of the contract, and the conditions of use of the good. When this presumption applies, the consumer is exempt from proving the existence of the defect, as the defect is presumed to exist. However, in order to benefit from this presumption, the consumer must prove the elements constituting it, including, in particular, that the good in question could not be used for its normal purpose for a reasonable period of time. The assessment of these criteria, however, remains at the discretion of the courts based on the evidence presented.
With the entry into force of the new Section 38.1 of the CPA, the legislature adds a legal warranty for consumers’ benefit with respect to certain goods specifically listed therein (e.g., televisions, refrigerators, dishwashers, stoves, heat pumps, computers, cell phones, etc.), namely the guarantee that the good will function properly for a period determined by regulation.
The consumer will automatically be entitled to this benefit provided that:
- the item is new and covered by a sales or long-term lease agreement as defined in this provision;
- the item is defective;
- the defect occurs during the period of three to six years specified by regulation.
If these conditions are met, retailers and manufacturers will be required to repair the item free of charge and to cover reasonable transportation or shipping costs.
This warranty is in addition to the protections already provided by the LPC and does not replace them. Thus, when this warranty does not apply, the consumer may still invoke the other available legal warranties, which may, depending on the circumstances, be cumulative.
In cases where the LPC does not apply, it also seems to us that the useful lives of a good set forth in the regulations adopted under the LPC could serve as a guide for the courts when analyzing the application of the presumption of a defect affecting such item at the time of sale by a professional seller2.
Which items will be covered by the performance warranty?
The new warranty will apply to several categories of new goods frequently purchased by Quebec consumers, including:
- refrigerators, freezers, and stoves;
- washing machines, dryers, and dishwashers;
- televisions;
- computers and tablets;
- cell phones;
- video game consoles;
- air conditioners and heat pumps.
What will be the minimum duration of the warranty and its scope?
The regulation3 specifies the following minimum durations:
| PROPERTY CATEGORY | MINIMUM WARRANTY PERIOD |
| Stoves, refrigerators, freezers, air conditioners, heat pumps | 6 years |
| Dishwashers, washing machines, dryers | 5 years |
| Televisions | 4 years |
| Computers, tablets, cell phones, video game consoles | 3 years |
During this period, the retailer and the manufacturer may be required to repair the item at no cost or to cover the costs of a repair performed by a third party. The warranty will cover reasonable transportation or shipping costs for the item, as well as the parts and labor necessary to repair it. However, it will not cover:
- normal maintenance;
- the replacement of parts resulting from routine maintenance;
- damage resulting from misuse of the item.
What will the new requirements be for retailers and manufacturers?
Retailers must clearly display the duration of the performance warranty near the price of the relevant goods, both in-store and online, and include this information in distance sales contracts. Manufacturers must also make this information available on their website.
What will change regarding extended warranties?
When a merchant offers an additional (or “extended”) warranty on a covered good that is already covered by the statutory warranty of fitness for purpose, the merchant must provide the consumer with a written notice that complies with the requirements set forth in the regulation.
This notice must specify, in particular, that:
- the statutory warranty already exists;
- it is free of charge;
- it requires the merchant and the manufacturer to repair the item at no cost during the applicable period.
What might the practical implications be for retailers?
Retailers would be well advised to quickly review their sales tools, contracts, and internal practices to ensure compliance before these new provisions take effect. Sales teams will also need to be able to adequately explain consumers’ rights and the scope of the legal warranty of good working order.
Furthermore, the reform could lead to an increase of claims, as consumers will now benefit from clearly defined minimum warranty periods. Since consumers will be able to contact both the retailer and the manufacturer in the event of a defect in the product in question, businesses would be well advised to review:
- the quality and inspection of their products;
- their internal claim-handling procedures;
- their after-sales service policies;
- their practices for documenting and tracking repairs;
- their contractual relationships with manufacturers, distributors, and suppliers.
Particular attention must also be given to the allocation of costs and responsibilities related to the fulfillment of this warranty within the distribution chain.
The Performance Warranty: A Transformation We Must Anticipate Now
The entry into force of the statutory performance warranty will mark a significant transformation of the legal framework governing consumer goods in Quebec.
By replacing a largely context-dependent assessment of durability with clearly defined minimum warranty periods, the legislature is significantly increasing the obligations imposed on retailers and manufacturers, while making it easier for consumers to seek redress.
In this context, and despite the uncertainty created by the pending legal challenge before the Superior Court, businesses would be well advised to begin reviewing their commercial practices, contracts, and after-sales service policies now in order to mitigate risks and ensure compliance in anticipation of the law’s scheduled effective date of October 5, 2026.
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[1] Regulation Amending the Regulation Implementing the Consumer Protection Act, D. 1459-2025, December 3, 2025, (2025) 157 G.O.Q. II, 6895.
[2] On June 30, the BMTC Group, which operates the Tanguay chain, among others, filed an appeal for judicial review seeking the annulment of the new provisions, as well as a motion for an interlocutory stay of their application pursuant to Article 536 of the Code of Civil Procedure. The hearing on the motion for an interim stay is scheduled for September 25, 2026. The appeal on the merits remains pending. See Superior Court case No. 200-17-039154-265.
[3] Article 1729 of the Civil Code of Québec (“C.C.Q.”).
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