Part
VI
Repairs to Motor Vehicles - Part VI of the Act
Estimates
48.
For the purpose of subsection 56 (1) of the Act, an estimate of
the
total cost of work on and repairs to a vehicle shall be in writing
and shall
set out the following information:
1.
The name of the consumer.
2.
The name of the repairer and, if different, the name under which
the
repairer carries on business.
3.
The telephone number of the repairer, the address of the premises
from
which the repairer conducts business, and information respecting
other ways,
if any, in which the repairer can be contacted by the consumer,
such as the
fax number and e-mail address of the repairer.
4.
The make, model, vehicle identification number and licence number
of the
vehicle.
5.
The odometer reading of the vehicle at the time of the estimate.
6.
An exact description of the work to be done on and the repairs to
be made
to the vehicle.
7.
An itemized list of the parts to be installed and a statement as
to
whether each part is a new part provided by the original equipment
manufacturer, a new part not provided by the original equipment
manufacturer, a used part or a reconditioned part.
8.
The amount that the consumer will be charged for each part listed
under
paragraph 7.
9.
The number of hours to be billed for doing the work and making the
repairs, the hourly rate to be charged, any flat rate that will
be applied
in respect of any of the work or repairs and the total charge for
labour.
10.
An itemized list of all other goods and services, such as storing
the
vehicle, picking up or delivering the vehicle or providing the consumer
with
another vehicle on a temporary basis, that are to be provided to
the
consumer in connection with the transaction and for which the consumer
will
be charged, and the amount to be charged for each such good or service.
11.
If the consumer has declined the return of any parts to be removed
in
the course of work on or repairs to the vehicle,
i.
a statement to that effect, and
ii.
the resulting reduction, if any, in price.
12.
The total amount to be billed to the consumer.
13.
The date on which the estimate is given and the date after which
it
ceases to apply.
14.
The date by which the work and repairs will be completed.
15.
That the repairer will not charge the consumer an amount that exceeds
the amount estimated under paragraph 12 by more than 10 per cent.
O. Reg.
17/05, s. 48.
Authorization
not in writing
49.
For the purpose of section 59 of the Act, if an authorization that
is
not in writing is given to a repairer who works on or repairs vehicles,
the
following is required to be recorded in order for the authorization
to be
effective:
1.
The name of the person giving the authorization.
2.
The date and time of the authorization.
3.
If the non-written authorization is given by telephone, the telephone
number of the person giving the authorization, and if the non-written
authorization is given by a method other than telephone, information
regarding how the person giving the authorization can be contacted
using the
other method. O. Reg. 17/05, s. 49.
Posting
signs
50.
For the purpose of section 60 of the Act, a repairer who works on
or
repairs vehicles shall post the following information on one or
more signs,
in such a manner that the disclosure of the information is clear,
comprehensible and prominent:
1.
That the repairer is required to provide a written estimate unless,
i.
the repairer offers to give the consumer an estimate and the consumer
declines the offer of an estimate,
ii.
the consumer specifically authorizes a maximum amount that the consumer
will pay the repairer to do the work and make the repairs, and
iii.
the cost charged for the work and repairs does not exceed the maximum
amount authorized by the consumer.
2.
Whether there is a fee for an estimate and, if so,
i.
the amount of the fee, and
ii.
that if the work and repairs are authorized and carried out, the
fee for
the estimate will not be charged unless the authorization is unreasonably
delayed and the vehicle is reassembled before being worked on or
repaired so
that it can be moved in order to free repair space.
3.
A description of the method that will be used to compute labour
charges,
including,
i.
the hourly rate that will be charged,
ii.
whether a flat rate will be applied in respect of any of the work
or
repairs and, if so, the flat rate and the work or repairs to which
it will
be applied, and
iii.
whether there will be a charge for diagnostic time and, if so, the
manner of determining the amount that will be charged.
4.
Whether the repairer or any of the persons doing the work or making
the
repairs on the repairer's behalf receive any commissions for parts
sold and,
if so, the manner of determining the commission and the parts to
which it
applies.
5.
An itemized list of all goods and services, other than parts, shop
supplies and labour, for which the consumer may be charged, such
as storing
the vehicle, picking up or delivering the vehicle or providing the
consumer
with another vehicle on a temporary basis, and the amount that will
be
charged for each such good or service.
6.
That each part removed in the course of work or repairs will be
available
to the consumer after the work and repairs are completed, unless,
i.
the repairer is advised, at the time the work and repairs are authorized,
that the consumer does not require the return of the part,
ii.
the part is replaced under a warranty that requires the return of
the
part to the manufacturer or distributor, or
iii.
the consumer is not charged for the replacement part or for work
on or
repair to the part. O. Reg. 17/05, s. 50.
Invoices
51.
For the purpose of section 62 of the Act, an invoice with respect
to
work on or repairs to a vehicle shall be in writing and shall set
out the
following information:
1.
The name of the consumer.
2.
The name of the repairer and, if different, the name under which
the
repairer carries on business.
3.
The telephone number of the repairer, the address of the premises
from
which the repairer conducts business, and information respecting
other ways,
if any, in which the repairer can be contacted by the consumer,
such as the
fax number and e-mail address of the repairer.
4.
The make, model, vehicle identification number and licence number
of the
vehicle.
5.
The date on which the consumer authorized the work and repairs.
6.
The date on which the work and repairs were completed.
7.
The date on which the vehicle is returned to the consumer.
8.
The odometer reading of the vehicle at the time the consumer authorized
the work or repairs and the odometer reading of the vehicle at the
time it
is returned to the consumer.
9.
An exact description of the work done on and the repairs made to
the
vehicle.
10.
An itemized list of the parts installed and a statement as to whether
each part is a new part provided by the original equipment manufacturer,
a
new part not provided by the original equipment manufacturer, a
used part or
a reconditioned part.
11.
The amount that the consumer is being charged for each part listed
under
paragraph 10.
12.
An itemized list of the shop supplies used and for which the consumer
is
being charged, and the amount charged for each of the supplies.
13.
The total charge for labour and the method used to compute it,
including,
i.
the number of hours billed for doing the work and making the repairs
and
the hourly rate charged,
ii.
if a flat rate was applied in respect of any of the work or repairs,
the
flat rate and the work or repairs to which it was applied, and
iii.
the amount, if any, charged for diagnostic time.
14.
An itemized list of all other goods and services, such as storing
the
vehicle, picking up or delivering the vehicle or providing the consumer
with
another vehicle on a temporary basis, that were provided to the
consumer in
connection with the transaction and for which the consumer is being
charged,
and the amount charged for each good or service.
15.
If the consumer has declined the return of any parts removed in
the
course of work on or repairs to the vehicle,
i.
a statement to that effect, and
ii.
the resulting reduction, if any, in price.
16.
The total amount billed to the consumer and the terms and methods
of
payment.
17.
If the repairer gave the consumer an estimate, the amount set out
in the
estimate as the estimated total amount to be billed to the consumer.
18.
If the repairer did not give the consumer an estimate, the maximum
amount that the consumer specifically authorized under subsection
56 (2) of
the Act.
19.
The terms of the warranty given by the repairer for each new part
provided by the original equipment manufacturer, each new part not
provided
by the original equipment manufacturer and each reconditioned part,
and for
the labour required to install each such part, if the repairer's
warranty
provides, in terms of time and distance, coverage equal to or greater
than
the coverage provided by the warranty under section 63 of the Act,
which is
subject to clauses 52 (a) and (b) of this Regulation.
20.
For each new or reconditioned part or the labour required to install
it,
for which the repairer does not give a warranty described in paragraph
19,
i.
that the repairer warrants it for a minimum of 90 days or 5,000
kilometres, whichever comes first,
ii.
that the warranty set out in subparagraph i is provided under the
Act
and may not be waived by the consumer, and
iii.
that the warranty set out in subparagraph i does not apply to,
A.
fluids, filters, lights, tires or batteries, or
B.
a part that was not warranted by the manufacturer of the vehicle
when the
vehicle was sold as new.
21.
The currency in which amounts are expressed, if it is not Canadian
currency.
22.
Any other restrictions, limitations and conditions that are imposed
by
the repairer.
23.
The following statement:
The
Consumer Protection Act, 2002 provides you with rights in relation
to
having a motor vehicle repaired. Among other things, you have a
right to a
written estimate. A repairer may not charge an amount that is more
than ten
(10) per cent above that estimate. If you waived your right to an
estimate,
the repairer must have your authorization of the maximum amount
that you
will pay for the repairs. The repairer may not charge more than
the maximum
amount you authorized. In either case, the repairer may not charge
for any
work you did not authorize.
If
you have concerns about the work or repairs performed by the repairer
or
about your rights or duties under the Consumer Protection Act, 2002
, you
should contact the Ministry of Consumer and Business Services.
O.
Reg. 17/05, s. 51.
Exemption
from vehicle warranty
52.
Section 63 of the Act does not apply to,
(a)
fluids, filters, lights, tires or batteries;
(b)
a part that was not warranted by the manufacturer of the vehicle
when
the vehicle was sold as new;
(c)
a part installed or the labour required to install it under a warranty
that provides, in terms of time and distance, coverage equal to
or greater
than the coverage provided by the warranty under section 63 of the
Act. O.
Reg. 17/05, s. 52.
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