Quebec’s lemon law in 5 questions

1. What’s a “lemon” vehicle?

A “lemon” vehicle is one whose defects either render it unsuitable for its intended use, or significantly reduce its usefulness. To put it simply, this refers to a recurring mechanical problem, too many repairs, or a significant loss of usefulness of the vehicle.

Once a lemon, always a lemon

A vehicle that is declared “seriously defective” will retain this status forever. Used car dealers must indicate “SVD” (seriously defective vehicle) on the mandatory sales label affixed to the vehicle. Violators are liable to fines and administrative sanctions.

2. How does the Quebec anti-lemon warranty work?

Commonly referred to as “Quebec’s anti-lemon law,” it is actually a provision of the Consumer Protection Act. It aims to ensure vehicle quality and protect consumers’ rights. It will come into force progressively between 2023 and 2025. It applies to new gas-powered, hybrid or electric cars, whether purchased or leased, with less than 3 years or 60,000 kilometres on the clock. A vehicle can be declared a “lemon” if it falls into any of these situations:

• It has undergone three unsuccessful repair attempts for the same problem;
• It has undergone 12 repair attempts for separate, unrelated problems;
• It has stayed at the dealership for more than 30 days for one or two repair attempts.

Days on which the dealer can show that they were unable to carry out repairs on the vehicle due to a lack of parts are excluded. The same applies if the dealer has provided the customer with a temporary replacement vehicle.

The latter are the conditions of admissibility for recourse to the anti-lemon warranty. In a nutshell, a simple calculation calendar is all that’s needed to support evidence submitted to the Court. Find out how to file a claim with the Civil Division of the Court of Quebec.

If a defective car is declared a “lemon,” the consumer could be entitled to:

• Cancellation of the sale
• Reduction in the price paid
• Damages and interest

Quebec is the only Canadian province to have adopted an anti-lemon provision. In the United States, this type of legislation has been on the books for over 40 years.

3. What are the implications of the lemon law?

• For consumers: greater scope for recourse, better protection, and fewer financial losses.
• For dealers: a legal requirement for transparency and disclosure of all vehicle problems and defects. Dealers who fail to do so are liable to administrative sanctions.

There is no register to keep track of seriously defective vehicles.

4. What are the other measures to protect vehicle owners?

In addition to the anti-lemon warranty, there are other kinds of protections for motorists:

• The Consumer Protection Act already lays down warranties for owners of new vehicles, also known as Legal Warranties:
• Warranty of use: The vehicle must be used for its intended purpose
• Warranty against hidden defects: A significant defect present before the sale of the vehicle.
• Leased vehicles: The dealer must offer you a free car inspection. This must be carried out 30 to 60 days before the end of your long-term lease. You are free to accept or decline this opportunity.
• Used vehicles: The warranty period varies from 1 to 6 months or from 1700km to 10,000km. It depends on the vehicle’s age and mileage. It covers parts and labour, and begins when the vehicle is delivered.
• The manufacturer’s warranty differs from one manufacturer to another. It begins on the vehicle’s registration date.
• The Canadian Motor Vehicle Arbitration Plan (CAMVAP) provides a means of settling a dispute with a manufacturer. It handles defects in vehicle assembly.
• Effective starting October 5, 2025: The warranty of availability of replacement parts and repair services will be further enhanced. This is the “right to repair,” which is the main thrust of Bill 29 against planned obsolescence.

5. Remedy, arbitration or settlement: Which option should you choose?   

Any court appeal involves costs and a lot of energy. If you think your vehicle is a lemon, analyze your options to make an informed decision:

• A negotiated agreement with the merchant
• An arbitration program (CAMVAP)
• The court 

Since the anti-lemon warranty is fairly recent (2023–2025), it may take some time for the courts to issue rulings that will establish a body of case law.

To learn more, visit the website of the Consumer Protection Bureau (Office de la protection du consommateur).

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