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The Consumer Protection Amendment Act (Motor Vehicle Work and Repairs)

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S.M. 2012, c. 14

Bill 12, 1st Session, 40th Legislature

The Consumer Protection Amendment Act (Motor Vehicle Work and Repairs)

(Assented to June 14, 2012)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C200 amended

1           The Consumer Protection Act is amended by this Act.

2           The following is added as Part XXIII:

PART XXIII

MOTOR VEHICLE WORK AND REPAIRS

Definitions

212         The following definitions apply in this Part.

"estimate" means an estimate of the total cost of the work to be performed on and repairs to be done to the motor vehicle being repaired. (« devis »)

"motor vehicle" means a motor vehicle as defined in The Highway Traffic Act that is registered or may be registered as a motor vehicle under The Drivers and Vehicles Act. (« véhicule automobile »)

"repairer" means a person who performs work on or repairs motor vehicles, at a charge or price or for consideration, in the ordinary course of business. (« réparateur »)

Non-application

213(1)      This Part does not apply to work performed on or repairs done to an insured vehicle in respect of a claim that is made by an insured under The Manitoba Public Insurance Corporation Act and for which coverage is provided under that Act.

Same meaning

213(2)      In this section, "insured" and "insured vehicle" have the same meaning as in section 48 of the Automobile Insurance Coverage Regulation, Manitoba Regulation 290/88 R.

Estimate

214(1)      No repairer shall charge a consumer for any work performed on or repairs done to a motor vehicle unless the repairer first gives the consumer an estimate that meets the prescribed requirements.

Exception

214(2)      Despite subsection (1), a repairer may charge a consumer for work or repairs without giving an estimate if each of the following conditions is met:

(a) the repairer offers to give the consumer an estimate and the consumer declines the offer;

(b) the consumer specifically authorizes the maximum amount that he or she will pay the repairer to perform the work or do the repairs;

(c) the cost charged for the work or repairs does not exceed the maximum amount authorized by the consumer.

Application

214(3)      This section applies if the total cost charged for the work or repairs is more than the amount prescribed by regulation.

Fee may be charged for preparing estimate

215(1)      No repairer shall charge a fee for an estimate unless the consumer is informed in advance that a fee will be charged and the amount of the fee.

Items included in fee

215(2)      Subject to the regulations, a fee for an estimate is deemed to include the cost of

(a) diagnostic time;

(b) re-assembling the motor vehicle; and

(c) parts that will be damaged and must be replaced when re-assembling;

if the work or repairs are not authorized by the consumer.

Authorization required

216         No repairer shall charge for any work or repairs unless the consumer authorizes the work or repairs.

Exceeding estimate restricted

217(1)      In respect of work or repairs for which an estimate was given, no repairer shall charge the consumer an amount that exceeds the total of the estimate and the prescribed percentage of the estimate or amount determined in the prescribed manner.

Consequence of failure to comply

217(2)      If a repairer contravenes subsection (1),

(a) the consumer is not liable for the excess; and

(b) the repairer must reimburse the consumer immediately upon demand by the consumer or director for that amount if the consumer has paid it.

This is in addition to any penalty that the repairer may be subject to under any other provision of this Act.

Authorization not in writing

218(1)      If an authorization required by section 214 or 216 is not given in writing, the authorization is not effective unless it is recorded in a manner that meets the prescribed requirements and contains the prescribed information.

Additional work or repairs require estimate and authorization

218(2)      To avoid doubt, if, while performing work on or doing repairs to a motor vehicle, the need for work or repairs that are new or substantially different from the work or repairs that are covered by the estimate is identified by the repairer, the repairer must not charge for the additional work or repairs without first complying with subsection (1) and sections 214 to 217.

Posting signs

219         A repairer must post the prescribed signs in accordance with the prescribed requirements.

Return of parts

220(1)      A repairer must offer to return to the consumer all parts removed in the course of work or repairs and must return all such parts unless advised when the work or repairs are authorized that the consumer does not require their return.

Parts kept separate

220(2)      A repairer must

(a) keep parts removed from the motor vehicle being repaired separate from any other motor vehicles being repaired; and

(b) return the parts in a clean container if their return is required under subsection (1).

Exception

220(3)      Subsections (1) and (2) do not apply to the following:

(a) parts for which there has been no charge for the part or for work performed on or repairs done to the part;

(b) parts replaced under warranty whose return to the manufacturer or distributor is required;

(c) parts exchanged for a retooled or reconditioned part used in the work performed on or repairs done to the motor vehicle.

Invoice

221         On completion of the work or repairs, a repairer must give by a prescribed manner to the consumer an invoice containing the prescribed information.

Warranty

222(1)      On the repair of a motor vehicle, a repairer is deemed to warrant all new or reconditioned parts installed and the labour required to install them.

Term of warranty

222(2)      Unless another term is prescribed by regulation, the term of the warranty is 90 days or 5,000 kilometres, whichever comes first.

Calculating time period

222(3)      For the purpose of subsection (2), the warranty begins on the date of delivery of the repaired motor vehicle to the consumer.

Loss of warranty

222(4)      The warranty does not cover damage resulting from misuse or abuse by the consumer with respect to the motor vehicle part.

Repairer and subcontractor jointly and severally liable under warranty

222(5)      If a repairer uses a subcontractor, the repairer and the subcontractor are jointly and severally liable with respect to the warranty. The repairer must notify the consumer that it has used a subcontractor and provide the consumer with information about how to contact the subcontractor about the warranty.

Additional warranty

222(6)      The warranty is in addition to the implied and deemed conditions and warranties set out in sections 58, 58.1 and 58.2.

Records to be kept

223         A repairer must make and maintain records, including records of all estimates given and authorizations received, in accordance with the regulations.

Officials may require information

224(1)      The director, a consumer services officer or a person authorized by the director may require a repairer to provide records and copies of records it is required to make and maintain under section 223 for the purpose of

(a) determining compliance with this Part or the regulations;

(b) verifying the accuracy or completeness of a record or of other information provided to the director, officer or authorized person; or

(c) performing any other duty or function that the director, officer or authorized person considers necessary or advisable in the administration or enforcement of this Part or the regulations.

Duty to provide information

224(2)      A repairer who is required to provide records or copies of records under subsection (1) must do so.

Authority to inspect

225(1)      Subject to any conditions imposed by the director, a consumer services officer or person authorized by the director (in this section and sections 226 and 227 referred to as an "inspector") may carry out any inspection, examination, audit or test reasonably required to

(a) determine compliance with this Part or the regulations;

(b) verify the accuracy or completeness of a record, or of other information provided to the director or inspector; or

(c) perform any other duty or function that the director or inspector considers necessary or advisable in the administration or enforcement of this Part or the regulations.

Right of entry

225(2)      To perform a duty or function under subsection (1) (in this section referred to as an "inspection"), the inspector may at any reasonable time, without a warrant, enter

(a) any business premises of a repairer; or

(b) any other premises or place where he or she has reasonable grounds to believe that records or property relevant to the administration or enforcement of this Part or the regulations are kept.

Entry into dwelling only with consent or warrant

225(3)      The authority under subsection (2) must not be used to enter a dwelling that is occupied as a residence except with the consent of the owner or occupant or with the authority of a warrant under section 227.

Identification to be shown

225(4)      An inspector must show his or her identification if requested to do so in the context of an inspection.

Assistance

225(5)      The repairer or person in charge of the premises or place being inspected or having custody or control of the relevant records or property must

(a) produce or make available to the inspector all records and property that he or she requires for the inspection;

(b) provide any assistance or additional information, including personal information, that the inspector reasonably requires to perform the inspection; and

(c) on request, provide written answers to questions asked by the inspector.

Electronic records

225(6)      To inspect records that are maintained electronically at the premises or place being inspected, the inspector may require the repairer or person in charge of the premises or place or having custody or control of the relevant records to produce the records in the form of a printout or to produce them in an electronically readable format.

Copies may be made

225(7)      The inspector may use equipment at the premises or place being inspected to make copies of relevant records, and may remove copies from the premises or place of inspection for further examination.

Records may be removed to make copies

225(8)      An inspector who is not able to make copies of records being inspected may remove the records from the premises or place to make copies. He or she must make copies as soon as practicable and return the original records to the person, premises or place from which they were removed.

Obstruction

225(9)      No person shall hinder, obstruct or interfere with an inspector conducting an inspection under this section.

Copies as evidence

226         A document certified by the director or an inspector to be a printout or copy of a record obtained under this Part

(a) is admissible in evidence without proof of the office or signature of the person purporting to have made the certificate; and

(b) has the same probative force as the original record.

Warrant to enter and inspect

227(1)      A justice, upon being satisfied by information on oath that

(a) an inspector has been refused entry to any premises or place to carry out an inspection under section 225; or

(b) there are reasonable grounds to believe that

(i) an inspector would be refused entry to any premises or place to carry out an inspection under section 225, or

(ii) if an inspector were to be refused entry to any premises or place to carry out an inspection under section 225, delaying the inspection in order to obtain a warrant on the basis of the refusal could be detrimental to the inspection;

may at any time issue a warrant authorizing an inspector or any person named in the warrant to enter the premises or place and carry out an inspection under section 225.

Application without notice

227(2)      A warrant under this section may be issued upon application without notice.

Regulations

228(1)      The Lieutenant Governor in Council may make regulations

(a) defining "total cost" for the purpose of this Part and the regulations;

(b) for the purpose of clause 214(2)(a), prescribing the manner in which a consumer may decline the offer of an estimate;

(c) respecting a fee for an estimate that may be charged under section 215;

(d) defining "date of delivery" for the purpose of section 222;

(e) respecting recordkeeping;

(f) prescribing anything referred to in this Part as being prescribed;

(g) exempting repairers or classes of repairers, repairs or classes of repairs, parts or classes of parts, or motor vehicles or classes of motor vehicles from the application of this Part or any provision of this Part or the regulations;

(h) extending the application of this Part to other prescribed goods and services in relation to a motor vehicle;

(i) respecting any matter the Lieutenant Governor in Council considers necessary or advisable for the administration of this Part.

Scope and application of regulations

228(2)      A regulation under subsection (1)

(a) may be general or particular in its application; and

(b) may establish classes of repairers, repairs, parts or motor vehicles and may apply differently to different classes.

Coming into force

3           This Act comes into force on a day to be fixed by proclamation.