LAFOND

“… la codification est l’occasion "de combler les lacunes, de lever les ambigüités, de résoudre les contradictions, de supprimer les double-emplois (//sic//) et de corriger les rédactions défectueuses". (172).
 * __The case for a Consumer Code in Quebec__**

· The process of codification is rare. However, · The Barreau du Quebec and the Chambre des notaires, as well as other economic actors, publicly expressed opposition to the inclusion of over 160 articles on consumer contracts in the CCLC that were drawn from the //Loi de la protection du consommateur (//L.P.C//.)//. As a result, the articles were not reproduced in the CCQ.

· The codificaiton of consumer law in France occurred as a result of the need for organization and coherence within that body of rules. During the 1980s, recommendations were put forward by a group led by professeur Calais-Auloy regarding the form that a code should take. However, these primary objectives articulated by this group were not taken into account in the Code of Consumption that was adopted in 1993. The Code was a collage of various, little-modified texts that represented little coherence or overarching philosophy.
 * 1. The French approach as a model for Quebec**

· Quebec consumer law also requires harmonization and unification. · Pressure from consumer-protection groups led to the introduction of the L.P.C. in 1978, which was inspired by French law. At this time, the government expressed the intent to create a consumer-protection code. This did not occur, and consumer law instead was instead somwhat modified over time in light of evolution in commercial practices. However, overall the law remained mostly the same and therefore failed to take into account many new aspects of commercial activity. · Adoption of the CCQ in 1991 signalled the urgent need for harmonisation between the two legal texts, as certain conceptual aspects were framed differently between them (i.e. concept of “commerçant” vs. “entreprise”). Measures protecting consumers are dispersed among at least 14 different pieces of legislation, strengthening the need for harmonization. In light of these disperse laws, the strongest dominates – that of commercial parties. · On codes: a code must form a logical ensemble that is founded on experience. It involves the application of a general text to a particular situation. By remaining as simple a code should be more accessible to citizens obliged to respect it. It is not fixed in time; its must have an open structure that allows it to serve as a tool that adapts over time to changes in law. · Consumer law, after 30 years of evolution, is an indispensible instrument that has influenced the sphere of societal norms. It should be elevated to the imoprtant rank it deserves, that represented by codification.
 * 2. The necessity for a Quebec Consumer Code**

· The Code should not involve simply a compilation of texts related to the protection of consumers, as this would give rise to the same inadequacies as are present in the French Code. · The Code should represent: 1. a philosophy and will affirmed in the state control of commercial and contractual practices. 2. the meteoric evolution of contractual and commercial practices in the last 25 years. //Also, mechanisms to reestablish equilibrium between the parties and to apply sanctions in case of non-respect of measures should be present.// 3. the integration, at least, of all the dispositions of the other laws that the Office of consumer protection oversees. Certain sections of other associated laws should perhaps also be included.
 * 3. Proposals for content of a consumer code**

· Codification entails some inherent limits. An excess of specifications could lead to disuse of the Code. For example, competition laws and other laws relating to relations between corporations do not fall within the sphere of a consumer code. Equilibrium must therefore be achieved between excess and too little detail. An overall effort must also be made to simplify consumer law so that its essence may be easily understood.