GENERAL

Determination of fair value 1. (1) In determining the fair value of the repair under paragraph 2 of subsection 3 (1) of the Act or of the part of the repair under paragraph 3 of subsection 3 (1) of the Act, the following factors shall be considered and may be included: 1. The repairer’s fixed costs, variable costs, direct costs and indirect costs. 2. The repairer’s profit. 3. Any other relevant factors. (2) In determining the fair value of the storage or storage and repair under paragraph 2 of subsection 4 (1) of the Act or of the storage and part of the repair under paragraph 3 of subsection 4 (1) of the Act, (a) the following factors shall be included, (i) the expenses incurred by the storer in relation to the storage or storage and repair or storage and part of the repair of the article, including expenses related to insurance, transportation, labour, weighing and packing, and (ii) all lawful claims for money advanced and interest on money advanced by the storer in relation to the article; and (b) the following factors shall be considered and may be included, (i) the storer’s fixed costs, variable costs, direct costs and indirect costs, (ii) the storer’s profit, and (iii) any other relevant factors. Compliance with Towing and Storage Safety and Enforcement Act, 2021 2. (1) The following provisions of the Towing and Storage Safety and Enforcement Act, 2021 are prescribed for the purposes of subsections 3 (2.0.1) and 4 (3.0.1) of the Repair and Storage Liens Act: 1. Sections 2 and 4. 2. Subsection 6 (4). 3. Sections 11, 15 to 17 and 19 to 23. 4. Subsections 24 (2), (4) and (5). 5. Section 27. 6. Subsections 28 (9) to (12). 7. Sections 29 to 36 and 38. O. Reg. 166/23, s. 1. (2) For greater certainty, non-compliance with one or more of the provisions listed in subsection (1) does not affect a lien that arose under any other Act of Ontario or Canada or any municipal by-law. O. Reg. 166/23, s. 1. Maximum lien for storage services 3. (1) For the purposes of subsection 4 (3.2) of the Act, the amount of a storer’s lien in respect of vehicle storage services to which the Towing and Storage Safety and Enforcement Act, 2021 applies shall be determined in accordance with subsection (2) if, (a) the stored motor vehicle has been impounded or otherwise detained and the resulting lien arose under any Act of Ontario other than the Repair and Storage Liens Act, or any Act of Canada or any municipal by-law; and (b) in contravention of section 17 of the Towing and Storage Safety and Enforcement Act, 2021, the vehicle storage operator who is claiming the storer’s lien charges or attempts to charge for vehicle storage services for the motor vehicle for a time period after a good faith attempt has been made to retrieve the motor vehicle. O. Reg. 166/23, s. 1. (2) The amount of a lien described in subsection (1) shall not exceed the amount that the vehicle storage operator is permitted to charge under the Towing and Storage Safety and Enforcement Act, 2021 on the day on which the good faith attempt to retrieve the motor vehicle from the vehicle storage yard facility was made. O. Reg. 166/23, s. 1. (3) If a lien described in subsection (1) is subject to a limit under subsection 4 (6.1) of the Act, the amount determined under subsection (2) shall not exceed the limit. O. Reg. 166/23, s. 1. (4) In this section, “vehicle storage operator”, “vehicle storage services” and “vehicle storage yard facility” have the same meanings as in the Towing and Storage Safety and Enforcement Act, 2021. O. Reg. 166/23, s. 1. Notice of lien, motor vehicles 4. (1) The following are prescribed classes of articles for the purposes of subsection 4 (4.1) of the Act: 1. A motor vehicle for which a permit has not been issued under the Highway Traffic Act, received by the storer on or after the day this Regulation comes into force. 2. A motor vehicle for which a permit has been issued under the Highway Traffic Act, received by the storer on or after the day this Regulation comes into force. (2) In the case of a motor vehicle prescribed under paragraph 1 of subsection (1), (a) the prescribed period for the purposes of subsection 4 (4.1) of the Act is 60 days; and (b) the prescribed persons for the purposes of clause 4 (4.1) (b) of the Act are, (i) every person who has a registered claim for lien against the motor vehicle under Part II of the Act, and (ii) every person who has a security interest in the motor vehicle that is perfected by registration under the Personal Property Security Act against the vehicle identification number of the vehicle. (3) In the case of a motor vehicle prescribed under paragraph 2 of subsection (1), (a) the prescribed period for the purposes of subsection 4 (4.1) of the Act is 15 days; and (b) the prescribed persons for the purposes of clause 4 (4.1) (b) of the Act are, (i) every person who has a registered claim for lien against the motor vehicle under Part II of the Act, (ii) every person who has a security interest in the motor vehicle that is perfected by registration under the Personal Property Security Act against the vehicle identification number of the vehicle, (iii) the person whose name appears on the vehicle portion of the permit issued under the Highway Traffic Act, and (iv) the person whose name appears on the plate portion of the permit issued under the Highway Traffic Act, if this is a different person than the one referred to in subclause (iii). Methods of delivery, deemed receipt 5. (1) The following methods of delivery are prescribed for the purposes of clause 27 (1) (c) of the Act: 1. Fax. 2. Electronic transmission. (2) A document sent by fax or by electronic transmission is deemed to have been given on the earlier of, (a) the day the intended recipient actually receives it; or (b) the first business day after the day it is sent. 6. Omitted (provides for coming into force of provisions of this Regulation).