Motor Vehicle Work and Repairs Regulation

Motor Vehicle Work and Repairs Regulation, M.R. 30/2013 The Consumer Protection Act , C.C.S.M. c. C200 Regulation 30/2013 Registered March 18, 2013 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Estimate 3 Determining how much more than the estimate may be charged 4 Authorization not in writing 5 Posting consumer information signs 6 Invoice 7 Records to be kept 8 Administrative penalty 9 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Consumer Protection Act . ( « Loi ») "Motor Vehicle Work and Repairs Part" means Part XXIII (Motor Vehicle Work and Repairs) of the Act. (« partie sur les travaux et réparations concernant les véhicules automobiles ») Estimate 2(1) For the purpose of subsection 214(1) of the Act, an estimate must be in writing and include the following information: (a) the consumer's name; (b) the repairer's name and, if different, the name under which the repairer carries on business; (c) the repairer's telephone number, the address of the premises from which the repairer carries on business, and information about any other ways that the repairer can be contacted by the consumer, such as the repairer's fax number and e-mail address; (d) the make, model, vehicle identification number and licence number of the motor vehicle; (e) the motor vehicle's odometer reading at the time of making the estimate; (f) a detailed description of the work to be performed or the repairs to be done to the motor vehicle; (g) an itemized list of the parts to be installed in the motor vehicle and a statement as to whether each part is new, reconditioned or used; (h) the amount that the consumer will be charged for each installed part; (i) the estimated total charge for labour; (j) an itemized list of all other goods (not including shop supplies) and services (such as motor vehicle storage, vehicle pick-up and delivery or a temporary vehicle loan) that are to be provided to the consumer in connection with the work or repairs and for which the consumer will be charged, and the amount to be charged for each good or service; (k) if the consumer is to be charged for shop supplies, the phrase "shop supplies" followed by the amount to be charged for those supplies and the method used to calculate that amount; (l) if the consumer has declined the return of any parts to be removed in the course of work or repairs, (i) a statement to that effect, and (ii) the resulting reduction in the total cost of the repair, if any; (m) the total cost estimated to be charged to the consumer for the work or repairs; (n) the date on which the estimate is given to the consumer and the date after which it ceases to apply; (o) the date by which the work or repairs will be completed; (p) a statement that the repairer will not charge the consumer an amount that exceeds the total cost of the estimate in clause (m) plus 10% of that estimate up to a maximum of $100; (q) a statement that the repairer will not charge the consumer for any work or repairs unless the consumer authorizes the work or repairs. 2(2) For the purpose of subsection 214(3) of the Act, the prescribed amount is $100. Determining how much more than the estimate may be charged 3 For the purpose of subsection 217(1) of the Act, the amount charged is the total of the estimate in clause 2(1)⁠(m) plus 10% of that estimate up to a maximum of $100. Authorization not in writing 4 For the purpose of subsection 218(1) of the Act, an authorization required by subsection 214(2) or section 216 of the Act that is not given by the consumer in writing is not effective unless the repairer records the following information in writing: (a) the name of the consumer; (b) the date and time the consumer authorized the work or repairs; (c) if the authorization is given by telephone, the consumer's telephone number; (d) if the authorization is given by a method other than by telephone, information regarding how the consumer can be contacted. Posting consumer information signs 5(1) For the purpose of section 219 of the Act, a repairer must post one or more signs that meet the following requirements: (a) the size of the sign must be at least 61 cm in width and 76 cm in height; (b) the colour of the text set out in clause (d) must contrast with the background colour of the sign; (c) the title "Notice to Consumers" (set out in clause (d)) must be shown in at least 110-point boldface type; (d) the following text (other than the title) must be shown in at least 50-point type: Notice to Consumers Our hourly labour rate is $          . If your vehicle is being repaired or worked on, you have rights and protections under The Consumer Protection Act . You must receive a written estimate for repairs that cost more than $100 unless you decline to receive a written estimate, you specifically authorize the maximum amount that you will pay for the work or repairs, and the cost charged for the work or repairs does not exceed your authorized maximum amount. Estimates must include details about the types of parts to be installed and their cost, the estimated labour costs, any additional fees or charges, and the estimated total cost of the work or repairs. You cannot be charged a fee for an estimate unless you were told about the fee and agreed to pay it. You cannot be charged for work or repairs you did not authorize. You cannot be charged more than the total of the estimate plus 10% of that estimate up to a maximum of $100. You must receive a detailed written invoice, including information about the warranty provided for new and reconditioned parts. This is a summary of the motor vehicle work and repair protections under The Consumer Protection Act . For more information, contact the Consumer Protection Office at 204-945-3800 or toll-free at 1-800-782-0067. 5(2) Each sign must be posted in a location that is clearly visible to consumers from the place where the work or repairs in respect of the motor vehicle are discussed by the repairer and consumers. Invoice 6 For the purpose of section 221 of the Act, an invoice for work performed on or repairs done to a motor vehicle must be in writing and must set out the following information: (a) the consumer's name; (b) the repairer's name and, if different, the name under which the repairer carries on business; (c) the repairer's telephone number, the address of the premises from which the repairer carries on business, and information about any other ways that the repairer can be contacted by the consumer, such as the repairer's fax number and e-mail address; (d) the make, model, vehicle identification number and licence number of the motor vehicle; (e) the date and time that the consumer authorized the work or repairs; (f) the date on which the work or repairs were completed; (g) the date on which the motor vehicle is returned to the consumer; (h) the motor vehicle's odometer reading at the time the consumer authorized the work or repairs and the odometer reading at the time the vehicle is returned to the consumer; (i) an exact description of the work performed on or the repairs done to the motor vehicle; (j) an itemized list of the parts installed in the motor vehicle and a statement as to whether each installed part is new, reconditioned or used; (k) the amount that the consumer is being charged for each installed part; (l) if the consumer is charged for shop supplies, the phrase "shop supplies" followed by the amount charged for those supplies and the method used to calculate that amount; (m) the total charge for labour and the method used to calculate it, including (i) the number of hours billed for performing the work or doing the repairs, and the hourly rate charged, (ii) if a flat rate was applied to 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; (n) an itemized list of all other goods and services (such as motor vehicle storage or pick-up or delivery or a temporary vehicle loan) that were provided to the consumer in connection with the work or repairs and for which the consumer is being charged, and the amount charged for each good or service; (o) if the consumer has declined the return of any part removed in the course of work on or repairs to the vehicle, (i) a statement to that effect, and (ii) the resulting reduction in the total cost, if any; (p) the total cost billed to the consumer and the terms and methods of payment; (q) if the repairer gave the consumer an estimate, the amount set out in the estimate; (r) if the repairer did not give the consumer an estimate, the maximum amount that the consumer specifically authorized in accordance with subsection 214(2) of the Act; (s) the terms of the warranty for each new or reconditioned part given under section 222 of the Act; (t) if the repairer provides greater coverage than is provided under subsection 222(2) of the Act in terms of time or distance or both, the terms of the greater coverage for each new or reconditioned part; (u) any restrictions, limitations and conditions imposed by the repairer; (v) the following statements: You have rights and protections under The Consumer Protection Act when it comes to motor vehicle work and repairs. A written estimate for repairs that cost more than $100 must have been given to you unless you declined to receive a written estimate, and you specifically authorized the maximum amount that you would pay for the work or repairs, and the cost charged for the work or repairs did not exceed your authorized maximum amount. You cannot be charged a fee for an estimate unless you were told about the fee and agreed to pay it. You cannot be charged for work or repairs you did not authorize. You cannot be charged more than the total of the estimate plus 10% of that estimate up to a maximum of $100. If you have concerns about the work performed or repairs done by the repairer or about your rights under The Consumer Protection Act and your responsibilities as a consumer, you should contact the Consumer Protection Office at 204-945-3800 or toll-free at 1-800-782-0067. No one may ask you to or make you waive or limit your rights under the Motor Vehicle Work and Repairs Part of The Consumer Protection Act . Records to be kept 7(1) In addition to the records referred to in section 223 of the Act, a repairer must maintain records of every invoice provided. 7(2) The repairer must maintain the records in the form of a printout or must be able to produce them in an electronically readable format, or both, for a period of two years from the date the estimate, authorization or invoice was given. 7(3) Despite subsection (2), if the repairer does not perform the work or repairs for which an estimate was given, the estimate need not be retained by the repairer. Administrative penalty 8(1) A notice of administrative penalty may be issued under subsection 136(1) of the Act if a repairer fails to comply with the following provisions of the Act: (a) subsection 214(1); (b) subsection 215(1); (c) section 216; (d) subsection 217(1); (e) section 219; (f) subsection 220(1); (g) subsection 220(2); (h) section 221; (i) subsection 222(5); (j) section 223; (k) subsection 224(2). 8(2) The amount of an administrative penalty to be imposed on an individual is as follows: (a) first contravention 8(2.1) The amount of an administrative penalty to be imposed on a corporation is as follows: (a) first contravention 8(3) A notice of administrative penalty must be in the form provided for in the Consumer Protection Regulation , M.R. 227/2006. M.R. 6/2015 Coming into force 9 This regulation comes into force on the same day that The Consumer Protection Amendment Act (Motor Vehicle Work and Repairs) , S.M. 2012, c. 14, comes into force.