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Q: Refunds to purchases according to Canadian law ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Refunds to purchases according to Canadian law
Category: Reference, Education and News
Asked by: conorw-ga
List Price: $25.00
Posted: 10 Mar 2006 07:43 PST
Expires: 09 Apr 2006 08:43 PDT
Question ID: 705741
In Canada (under Canadian law), is it legal for a retailer to refuse
to refund a customer if they are unhappy with the product? Are
retailers required to provide a monetary refund (as opposed to a store
credit) should the customer demand it? Please reference the Canadian
legal code and provide examples of legal cases from the last 15 years
if available.

Request for Question Clarification by hummer-ga on 10 Mar 2006 08:01 PST
Hi conorw. Which province?  Regards, hummer

Clarification of Question by conorw-ga on 15 Mar 2006 15:02 PST
I am also looking for general information that is general to Canada
however if there are provincial differences, specifics for Manitoba
would be prefered.

Thanks!

Conor
Answer  
Subject: Re: Refunds to purchases according to Canadian law
Answered By: hummer-ga on 19 Mar 2006 07:40 PST
Rated:5 out of 5 stars
 
Hi Conor,

Consumer Protection falls under provincial jurisdiction but generally
across Canada, stores are not required to offer refunds or exchanges
unless it is in their stated policy.  There is usually a "cooling off"
period for direct sales (door-to-door), but in-store purchases are
covered by each store's policy. In Manitoba, "all sales are final
unless a company's return and refund policy states otherwise."

MANITOBA
"Consumers are reminded that in Manitoba all sales are final unless a
company's return and refund policy states otherwise. The Consumers'
Bureau advises buyers to ask about a store's return policy before they
make their purchases."
"Under the act, Manitoba retailers must meet the claims of any
warranty even if the item includes instructions to return goods to the
manufacturer for repair or replacement. Merchants have the choice of
repairing or replacing goods or refunding money if the item purchased
does not work, falls apart too quickly or does not live up to any
claims."
For more information on consumer rights and responsibilities, or if
there are problems with a seller, consumers can contact the Consumers'
Bureau at 205-945-3800 or toll-free at 1-800-782-0067 or visit
http://www.gov.mb.ca/cca/consumb.
http://www.gov.mb.ca/chc/press/top/2005/11/2005-11-23-01.html 

C.C.S.M. c. C200 The Consumer Protection Act
http://web2.gov.mb.ca/laws/statutes/ccsm/c200e.php

CANADA
Chapter 26 - Consumer Protection
1998 TASSE REPORT ON CONSUMER PROTECTION AND THE ONLINE ENVIRONMENT
http://aix1.uottawa.ca/~geist/nov5pt1.html 

Canadian Consumer Information
http://consumerinformation.ca/app/oca/ccig/main.do?language=eng

PROVINCIAL CONSUMER PROTECTION ACTS

ONTARIO
"Many people believe stores are required by law to take back goods
but, actually, there is no legal requirement for most stores to offer
refunds or exchanges. Refunds and exchanges are customer service
policies some, but not all, stores adopt. Check what the refund and
exchange policy is and get it in writing. If you want a refund or
exchange based on unfair practice, you have legal rights and the
retailer must address this issue."
http://www.cbs.gov.on.ca/mcbs/english/260a_38a.htm

ALBERTA
Fair Trading Act
Returning unwanted goods
"If you change your mind about something you bought, the law does not
require the store to let you return it. Each store sets its own rules
about returns."
http://governmentservices.gov.ab.ca/pdf/con_complaint.pdf

Fair Trading Act
http://www.qp.gov.ab.ca/documents/Acts/F02.cfm?frm_isbn=0779726863

BRITISH COLUMBIA
Business Practices & Consumer Protection Authority
"Be sure you understand the store?s return or exchange policy before
you buy. Contrary to popular belief, stores are not legally required
to give your money back unless the merchandise is defective or unfit
for its intended purpose. Even then, the store may elect to repair or
exchange the merchandise."
http://www.bpcpa.ca/Consumers/prevent/consumers-prevent-index.htm

SASKATCHEWAN
http://www.saskjustice.gov.sk.ca/legislation/summaries/consumprotact.shtml

PEI
http://www.gov.pe.ca/law/statutes/pdf/c-19.pdf

NEWFOUNDLAND-LABRADOR
http://www.hoa.gov.nl.ca/hoa/statutes/c31.htm

NOVA SCOTIA
http://www.gov.ns.ca/snsmr/consumer/abstracts.asp

NEW BRUNSWICK
http://law.unb.ca/cpwala/moreinfo.htm

QUEBEC
http://www.opc.gouv.qc.ca/e_HotLine/map_Site.asp

Provincial Consumer Affairs Offices
http://www.the-cma.org/consumer/consumeraffairs.cfm


I was glad to find this for you, the research was very interesting,
but I hope I'm not the bearer of bad news. If you have any questions,
please post a clarification request and wait for me to respond before
closing/rating my answer.

Thank you,
hummer

Google Search Terms Used: consumer protection act legislation returns
exchanges canada provincial "cooling off" refunds
conorw-ga rated this answer:5 out of 5 stars
exactly what i was looking for, thanks for the answer and your time!

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