Quebec's Lemon Law: The Only Real Protection for Canadian Car Buyers

Quebec's Lemon Law: The Only Real Protection for Canadian Car Buyers
If you buy a defective vehicle in most of Canada, you're largely on your own. Dealers can string you along with endless repair attempts. Manufacturers can deny responsibility. Your only option is expensive litigation with uncertain outcomes.
Quebec is different. In October 2023, the province enacted Bill 29, amending the Consumer Protection Act to create Canada's first—and still only—comprehensive lemon law. This legislation gives Quebec consumers genuine remedies when a vehicle has persistent defects: mandatory buybacks, price reductions, and a permanent "seriously defective vehicle" designation that follows the car forever.
Here's everything you need to know about how Quebec's lemon law works and why it matters for Canadian car buyers.
Why Quebec Leads Canada on Consumer Protection
Quebec has historically maintained stronger consumer protection laws than other provinces. The Civil Code of Quebec, combined with the Consumer Protection Act (CPA), provides a legal framework that prioritizes buyer rights in ways English Canada doesn't match.
Before Bill 29, Quebec consumers already had implicit warranty rights that exceeded other provinces. The CPA guaranteed that goods must be durable for a "reasonable time" based on price and normal use. But enforcing these rights against automakers required court action, legal fees, and years of waiting.
Bill 29 changed the equation. The legislation creates clear, objective criteria for when a vehicle is a "lemon" and mandates specific remedies. Dealers and manufacturers can no longer hide behind vague promises or procedural delays. The law sets firm thresholds that, once crossed, trigger consumer rights that must be honoured.
The timing matters. Bill 29's first provisions took effect October 2023. Additional provisions, including enhanced disclosure requirements and penalty structures, came into force October 2025. Quebec consumers now have the most robust vehicle purchase protections in Canada—comparable to the strongest U.S. state lemon laws.
Quebec Bill 29 Timeline
Oct 2023
Bill 29 lemon law provisions take effect
2024
First SVD (seriously defective vehicle) declarations
Oct 2025
Right to repair provisions activated
Ongoing
15-year parts availability requirement
What Exactly Qualifies Under Quebec's Lemon Law
The Consumer Protection Act amendments define specific, measurable thresholds for when a vehicle is considered defective enough to trigger remedies. This objectivity is what makes the law effective—there's no room for dealer interpretation or manufacturer stalling.
A vehicle may be declared a "lemon" under Quebec law if any of the following conditions are met:
Threshold 1: Three Unsuccessful Repairs for the Same Problem
If you bring your vehicle in for the same defect three times and the dealer or manufacturer fails to fix it, you've met the first threshold. The key word is "unsuccessful"—if the problem persists or recurs after repair attempts, those attempts count.
Example: Your 2024 sedan has a persistent engine hesitation. You bring it in three times over six months. Each time, the dealer says it's fixed. Each time, the problem returns. After the third failed repair, you can pursue lemon law remedies.
Threshold 2: Twelve Repair Attempts for Different Problems
If your vehicle requires twelve separate repair attempts for unrelated issues within the coverage period, it qualifies. These don't need to be the same problem—a pattern of multiple failures indicates a fundamentally defective vehicle.
Example: Your new SUV has had the infotainment system replaced twice, three visits for suspension noise, two brake system repairs, four electrical issues, and one transmission concern. That's twelve repair attempts across different systems. The vehicle qualifies.
Threshold 3: Thirty Days Out of Service
If your vehicle has been at the dealership for repairs for 30 or more cumulative days related to one or two repair attempts, it qualifies. This prevents dealers from holding your car hostage while waiting for parts or "investigating" issues.
Example: You drop off your pickup truck for a transmission problem. The dealer keeps it for 35 days waiting for a replacement part. Even if it's ultimately fixed, you've already qualified under the lemon law.
Quebec Lemon Law Thresholds
Any of these triggers your right to petition for SVD status
3 attempts
Same Problem
Three unsuccessful repairs for the same defect
12 attempts
Multiple Problems
Twelve repair attempts for different issues
30+ days
Time in Shop
Vehicle at dealer for 30+ days for repairs
Important: Vehicle must be under 3 years old and have less than 60,000 km when defects appeared.
Coverage Period
These thresholds apply to vehicles that are:
- Less than 3 years old from the date of first sale
- Under 60,000 kilometres on the odometer
This means the law covers new vehicles through their initial ownership period—typically when defects related to manufacturing should become apparent.
Step-by-Step: How to File a Lemon Law Claim in Quebec
If your vehicle meets the qualification thresholds, here's how to pursue your remedies under the Consumer Protection Act.
Step 1: Document Everything
Before filing any claim, you need comprehensive documentation:
- All repair orders and invoices showing dates, descriptions of problems, and work performed
- A log of each visit including dates dropped off and picked up
- Written communications with the dealer and manufacturer (emails, letters, text messages)
- Photos or videos of the defect when possible
- Third-party inspections if you've obtained independent assessments
Quebec courts rely heavily on documentation. The more thorough your records, the stronger your case.
Step 2: Send Formal Written Notice
Before petitioning the court, send a formal written notice to both the dealer and the manufacturer stating:
- The specific defects you've experienced
- The number of repair attempts or days out of service
- Your assertion that the vehicle qualifies under the Consumer Protection Act
- The remedy you're seeking (buyback, price reduction, etc.)
Send this by registered mail or another method that provides proof of delivery. Give them 15 business days to respond. This notice isn't legally required but establishes your good faith effort to resolve the matter and strengthens any subsequent court filing.
Step 3: File a Petition with the Court
If the dealer and manufacturer don't provide adequate resolution, you can petition the Court of Quebec (Small Claims Division) or Superior Court depending on the amount at stake.
For most consumer vehicle disputes under $15,000 in claimed damages, Small Claims Court is appropriate. No lawyer is required, and the process is designed for self-represented litigants.
Your petition should request that the court:
- Declare the vehicle "seriously defective" (véhicule gravement défectueux)
- Order one of the statutory remedies
Step 4: Court Hearing and Judgment
At the hearing, you'll present your documentation showing the vehicle meets the lemon law thresholds. The manufacturer or dealer can present their defence. The court then issues a judgment.
If the court agrees your vehicle is seriously defective, it will order appropriate remedies and may award additional damages for inconvenience, alternative transportation costs, and legal fees.
What Dealers and Manufacturers Must Do
Under Bill 29, dealers and manufacturers have clear obligations when a vehicle is declared seriously defective.
Mandatory Remedies
The court can order any of the following:
Contract Cancellation (Buyback): The manufacturer must repurchase the vehicle at the original sale price, minus a reasonable allowance for use. You get your money back and return the lemon.
Price Reduction: If you wish to keep the vehicle (perhaps the defect is liveable), you can receive a proportional reduction in the purchase price reflecting the diminished value.
Replacement: The manufacturer provides an equivalent new vehicle of the same make, model, and trim level.
Damages: Beyond the vehicle itself, you may recover costs for rental cars, towing, missed work, and other expenses directly caused by the defect.
The "Reasonable Use" Deduction
When calculating buyback amounts, manufacturers can deduct for the mileage you've put on the vehicle. This is typically calculated as:
Deduction = (Purchase Price x Kilometres Driven) / Expected Vehicle Life
Quebec courts generally assume an expected vehicle life of 150,000-200,000 km for this calculation. If you drove 20,000 km on a $40,000 vehicle with 175,000 km expected life:
Deduction = ($40,000 x 20,000) / 175,000 = $4,571
You'd receive approximately $35,429 in a buyback scenario.
Dealer Disclosure Requirements
As of October 2025, dealers in Quebec must disclose if a used vehicle has ever been declared seriously defective. This disclosure must be in writing and provided before the sale. Failure to disclose is a violation of the Consumer Protection Act with significant penalties.
The Seriously Defective Vehicle Designation: Forever on Record
Perhaps the most powerful aspect of Quebec's lemon law is the permanent SVD (Seriously Defective Vehicle) designation. When a court declares a vehicle seriously defective, that designation is recorded and follows the vehicle for its entire existence.
What This Means for Resale
If you later sell an SVD-designated vehicle in Quebec, you must disclose this status to the buyer. The disclosure requirement applies to:
- Private sales
- Dealer sales
- Auction sales
- Out-of-province sales (if the buyer is a Quebec resident)
This permanently reduces the vehicle's resale value. Buyers know that a court found this specific vehicle to be fundamentally defective, even if repairs were eventually made.
Why This Matters
The SVD designation creates real consequences for manufacturers beyond the immediate buyback cost. Every lemon they produce:
- Becomes nearly unsellable in Quebec's used market
- Creates permanent reputational documentation
- Can be cited in future cases involving the same model
- Builds public record of manufacturing quality issues
This is why manufacturers often prefer to settle lemon law claims quietly before court judgment—a private settlement doesn't create an SVD designation.
Quebec vs. U.S. Lemon Laws: How They Compare
American consumers have had lemon law protection since California enacted the first state law in 1982. Today, all 50 states have some form of lemon law, though they vary significantly in strength.
| Aspect | Quebec (Bill 29) | Strong U.S. States (CA, NY) | Weak U.S. States |
|---|---|---|---|
| Repair attempts threshold | 3 same / 12 different | 2-4 same (varies) | 3-4 same only |
| Days out of service | 30 days | 30 days typical | Some have none |
| Coverage period | 3 years / 60,000 km | 18-24 months typical | 12-18 months |
| Manufacturer buyback | Yes, mandatory | Yes, mandatory | Sometimes optional |
| Permanent designation | Yes (SVD) | Some states (branded title) | Rarely |
| Attorney fees | Court may award | Mandatory in many states | Varies |
| Arbitration required | No | Some states require first | Often required |
Quebec's law is comparable to the strongest U.S. lemon laws and superior in some respects. The 3-year/60,000 km coverage window is more generous than most U.S. states, and the permanent SVD designation has real teeth.
The main difference: most U.S. states require consumers to use manufacturer arbitration programs before going to court. Quebec allows direct court petitions, which can be faster but puts more burden on the consumer to present their case.
What Other Provinces Can Learn from Quebec
Outside Quebec, Canadian consumers face a patchwork of weak protections that heavily favour dealers and manufacturers.
Ontario
Ontario's Consumer Protection Act provides general warranty rights but no specific lemon law provisions. Consumers must rely on implied warranties of fitness and durability, which require proving the vehicle was defective at the time of sale. The onus is on the buyer, and remedies are uncertain.
The Ontario Motor Vehicle Industry Council (OMVIC) handles complaints but lacks enforcement power to mandate buybacks. Most disputes end in mediation, where manufacturers have significant leverage.
British Columbia
BC's Motor Dealer Act requires dealers to disclose known defects but provides no post-purchase remedies for persistent problems. The Vehicle Sales Authority can investigate complaints but cannot order manufacturer buybacks.
Consumers must pursue civil litigation, which is expensive and time-consuming. Most people give up or accept inadequate settlements.
Alberta, Manitoba, and Other Provinces
The remaining provinces have even fewer protections. Saskatchewan has an informal lemon law policy through SGI (provincial insurance), but it's not statutory. Alberta relies entirely on common law contract principles.
What Needs to Change
For Canadian consumers outside Quebec to have real protection, provincial legislatures need to:
- Define objective lemon thresholds (repair attempts, days out of service)
- Mandate specific remedies (buyback, replacement, price reduction)
- Create permanent vehicle designations for documented lemons
- Establish accessible dispute resolution (small claims, ombudsman, or tribunal)
- Impose dealer disclosure requirements for defect history
Quebec has provided the template. The question is whether other provinces will follow.
Protecting Yourself When Buying in Quebec
If you're purchasing a vehicle in Quebec—new or used—here's how to leverage the province's strong consumer protections.
For New Vehicles
- Keep every document from day one: window sticker, purchase agreement, all service records
- Report problems in writing every time, even if the dealer says it's minor
- Ask for repair orders that specifically describe the symptom and the repair performed
- Track days in service carefully—calendar entries, photos of the vehicle at the dealer
For Used Vehicles
- Request the vehicle's service history from the dealer
- Ask specifically if the vehicle has ever been declared seriously defective (SVD)
- Get the disclosure in writing signed by the dealer
- Check SAAQ records for any defect designations
Know Your Rights
The Office de la protection du consommateur (OPC) is Quebec's consumer protection agency. They provide information about your rights under the Consumer Protection Act and can help you understand your options if you have a defective vehicle. Their website has complaint forms and mediation services: www.opc.gouv.qc.ca
How Cardog Helps Quebec Consumers
Navigating vehicle purchases—and potential defects—requires access to comprehensive vehicle data. Cardog aggregates vehicle history, recall information, and market data to help you make informed decisions before and after purchase.
Before buying, use Cardog to check a vehicle's recall history and identify any manufacturer campaigns that might indicate systemic issues. Our market analysis shows you pricing trends, so you know whether a deal is fair or whether a suspiciously low price might signal hidden problems.
If you're dealing with a potentially defective vehicle, Cardog's VIN-based tools help you document your vehicle's specifications and identify whether others have reported similar issues with the same make, model, and year. This information strengthens your case when pursuing lemon law remedies.
Browse current Quebec vehicle listings with full transparency into what you're buying.
The Takeaway
Quebec's lemon law stands alone in Canada as genuine consumer protection for vehicle buyers. If you purchase a defective new vehicle in la belle province, you have clear thresholds for qualification, defined remedies including mandatory buyback, and a permanent designation system that holds manufacturers accountable.
The rest of Canada should take note. Bill 29 proves that strong consumer protection and a functioning automotive market can coexist. Quebec dealers and manufacturers haven't fled the province—they've adapted to treating consumers fairly.
If you're buying a vehicle in Quebec, know your rights. If you're buying elsewhere in Canada, understand that you're largely unprotected—and maybe write your MLA about why that should change.