Gyms and studios in Quebec: a practical compliance checklist

A health studio is an establishment that helps a person improve their physical condition through a change of weight, weight control, a treatment, a diet or exercise (s. 198). A gym is a health studio within the meaning of the Act: it must hold an OPC permit (s. 321 c)) and provide a security bond, with exceptions for educational institutions, municipal facilities and members of a professional order. According to the OPC, dance schools, martial arts centres and yoga studios are not health studios: their classes follow sections 188 and following.

• Your OPC permit is valid and its number is known to the team.
• The permit number appears on the contract and on offer templates.
• You know whether your establishment falls under the health studio rules or those for classes.

The contract must be in writing and show, among other things, the permit number, the term and the total to be paid (s. 199). The term cannot exceed one year (s. 200). A health studio contract also cannot renew automatically (Regulation, s. 25.10).

• The end date is at most 12 months after the start date: the tracking tool blocks a later date.
• No automatic renewal clause in your contracts.
• The membership offer announces that the contract will be handed over in writing, with the term, the total cost (taxes and fees included) and how to cancel, before any signature.
• A free or reduced-price period is recorded with its end date, because the law requires written notice before it ends.

You can send a written renewal offer 30 to 60 days before the contract ends, by email if the client consents, with the term, the total cost and the payment terms. The contract is renewed only if the client agrees in writing before expiry, and it cannot cost more than the previous one (s. 15.2). Jade creates the task 60 days before the end date, sends the offer you have approved and passes the reply to your team.

• Alert 60 days before the contract ends.
• Offer sent 30 to 60 days before the end, at the same price or lower.
• Client's written acceptance kept on file.

The member may cancel without charge before services begin (s. 202) and, within a period equal to one tenth of the contract's term, by paying at most one tenth of the total price (s. 203). They cancel using the form attached to the contract or another written notice; a phone call is not enough. The contract is cancelled as soon as the notice is sent (s. 204), and the merchant refunds within 10 days (s. 205).

For classes (yoga, dance, martial arts), cancellation is possible at any time, with a penalty of at most $50 or 10% of the price of the services not provided, whichever is lower (s. 193 and 195). Jade records the cancellation request with its date and reminds you of the 10-day deadline, but she never cancels without your team.

No payment may be collected before services begin, and the price is paid in at least two substantially equal instalments (s. 192 and 201), unless the total obligation does not exceed $100 or the services are given over three consecutive days or fewer (Regulation, s. 15.1).

For a sign-up by phone or online, the OPC reminds merchants that certain information must be given before payment, that the person must be able to accept, correct or refuse the offer, and that the contract must be sent within 15 days. Jade answers from your packages; the sale and the contract stay with your team.

Promotional messages by email or text require consent, identification of the sender and a way to unsubscribe (CASL, known in French as LCAP). Buying a membership, or a written contract in force or expired for less than two years, creates implied consent (s. 10(10)a) and d)); a trial request creates six months of it (s. 10(10)e)). Registration confirmations and facts about a current membership are exempt (s. 6(6)b) and d)).

Members' information (attendance, payments, photos) is protected by Law 25. Inform the person at collection (s. 8). Spotting members who come less often amounts to assessing behavior: the law calls this profiling and requires prior notice to the person (s. 8.1). An injury or health problem is sensitive information (s. 12), and for a child under 14, consent comes from the parent or guardian (s. 4.1).

• No promotion without recorded consent, and an unsubscribe link in every message.
• Administrative data only: no health data.
• Deleting a file is possible on request.

Consumers have the right to be informed and served in French (s. 5), and a contract of adhesion, such as a standard membership contract, is drafted in French, along with the related documents (s. 55). Write your template messages, renewal offers and policies in French first.

Most of these rules are settled before signing and at the end of the contract: permit, term, written offer, clear cancellation. Jade reminds you of the dates and prepares the documents; your team keeps the contracts and the decisions.

General information, not legal advice. Check with your professional order or the official source.

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• https://www.opc.gouv.qc.ca
• https://www.legisquebec.gouv.qc.ca/fr/document/lc/P-40.1
• https://educaloi.qc.ca/capsules/les-abonnements-a-un-gym-ou-a-une-clinique-minceur/
• https://fightspam.gc.ca/eic/site/030.nsf/fra/accueil
• https://www.cai.gouv.qc.ca
• https://www.protegez-vous.ca/argent/annuler-contrat-gym

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