The hardware store is seeking a postponement.
The Quebec Association of Hardware and Construction Materials (AQMAT) has requested a delay of at least six months for the implementation of the new version of the availability guarantee, set to come into effect on October 5. This request comes as retailers and businesses across the province express concerns about the new rules, which are part of Bill 29, adopted in October 2023.
According to Alexandre Fallon, a lawyer at Osler, the modifications to the availability guarantee represent a "significant burden" for retailers and manufacturers. Under the new rules, they must provide information on the availability of parts, maintenance, or repair for the products they sell. This information must be clearly displayed on their retailer's website when it comes to an online purchase.
However, the rules determining which type of products can benefit from the availability guarantee and the manner in which information must be transmitted to the client are not interpreted in the same way by everyone. Richard Darveau, president of AQMAT, stated that the regulation is vague and subject to endless debates in stores.
The Canadian Federation of Independent Business (CFIB) and the CCCD have previously denounced these new rules as unrealistic. Darveau reiterates that while they are in favor of repair and consumer protection, the guarantee is framed by "vague" rules.
For many retailers, the enhancement of the availability guarantee will generate a mountain of paperwork. In response, Darveau hosted an online "Coffee Break" for his members to discuss the issue.
A meeting between government representatives and associations of retailers and businesses could take place in Quebec next week. The meeting aims to discuss the concerns and challenges of the retailers regarding the implementation of the new version of the availability guarantee.
Michel Rochette, president of the Quebec Council of Canadian Retailers (CCCD), attended the virtual exchange. However, no relevant information is found regarding which organizations in the Quebec municipality will likely meet with government representatives next week to discuss the delay in implementing the new version of the availability guarantee.
According to Fallon, in certain cases, it will be "impossible to comply with what the regulation requires." If they do not have all the information or only have some of it, they are required to inform the client before they check out. Very few merchants are aware of all these modifications to the availability guarantee.
Bill 29 aims to allow consumers to repair their devices instead of buying new ones. The new availability guarantee is a part of this initiative, but it seems that more clarity and practical guidance are needed for retailers to comply with the new regulations effectively.
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