A reinforced warranty for air conditioners and heat pumps

If you are a ventilation, air conditioning and heating contractor doing business with individuals, you already know that the air conditioners and heat pumps that you sell and install must be able to be used for normal use for a reasonable period of time taking into account the price, contract and conditions of use.¹. At present, the reasonable length of time is not defined in the law. It is the case law that establishes scales on a case-by-case basis.

For example, in 2018, case law recognized that an air conditioner that breaks after 9 years is still covered by the legal guarantee of proper functioning². In 2020, case law established that the average lifespan of a wall-mounted air conditioner would be between 12 and 15 years³. Also in 2020, case law established that the average lifespan of a heat pump would be between 10 and 15 years.⁴.

In order to protect consumers against planned obsolescence and promote the durability, repairability and maintenance of electronic and domestic devices, a bill was adopted by the National Assembly in 2023. New provisions specifically aimed at the warranty applicable to “a stove, a refrigerator, a freezer, a freezer, a freezer, a dishwasher, a washing machine, a dryer, a television, a desktop computer, a laptop, an electronic tablet, an electronic tablet, an electronic tablet, a cellular telephone, a video game console, an air conditioner, a heat pump and any other property determined by regulation” will come into force on October 5, 2026.

As of October 5, 2026, the legal warranty must include parts and labour. The consumer will no longer have to assume repair costs, nor the costs of transporting or shipping equipment. It will therefore be up to the contractor, merchant or manufacturer to pay these fees to honor the warranty.

In addition, there will no longer be any uncertainty surrounding the duration of the guarantee of proper functioning of the devices, as it will be determined by regulation. This regulation is not yet available, but it can be assumed that the legislator will rely on the state of current case law to establish the applicable warranty periods.

Another important change: The operating life guarantee should be indicated near the advertised price for the device as clearly as the price. The manufacturer will also be required to disclose the warranty period of good operation “in the manner and under the conditions to be determined by regulation”, which still does not exist to date.

It will be interesting to see how the various operating life guarantees should be displayed in practice and, above all, what will be the operating warranty periods imposed by regulation for air conditioners and heat pumps. It is likely that the number of disputes relating to the replacement or repair of air conditioners and heat pumps will increase over the coming years.

1. Article 38 of the Consumer Protection Act
2. Lévesque v. Barette Bernard Énerflamme and Carrier Canada, 2018 QCCQ 6901
3. Comtois v. 9024-8501 Quebec Inc. (Nordik), 2020 QCCQ 99
4. Pelletier v. Carrier Enterprise Canada and Rafratec 2000, 2020 QCCQ 2129

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