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Consumer Protection Act

In this FAQ we present an excerpt from the Consumer Protection Act, specifically the section that mentions repairs to motor vehicles. 

§ 3.  — Automobile and motorcycle repairs


167. For the purposes of this subdivision,

(a “merchant” means a person who carries out repairs for remuneration;
(b “repair” means work carried out on an automobile, except work determined by regulation.

168. Before carrying out any repairs, the merchant must give the consumer a written estimate. The merchant cannot be released from this obligation without a waiver written in its entirety by and signed by the consumer.

No estimate is required where the repairs are to be made free of charge to the consumer.
A merchant cannot charge a price for making an estimate unless he advises the consumer of the price before undertaking to make the estimate.

169. If, to make an estimate, it is necessary to disassemble an automobile or part of an automobile in whole or in part, the amount mentioned under section 168 must include the cost of reassembly should the consumer decide not to have the repairs carried out and the costs of labor and of any component required to replace a part that is not recoverable or re-usable that was destroyed during the disassembling.

170. The estimate must indicate:

(a the name and address of the consumer and of the merchant;
(b the make, the model and the registration number of the automobile;
(c the nature and total price of the repairs to be made;
(d the part to be installed, specifying whether it is a new, used, re-tooled or reconditioned part; and
(e the date and duration of that estimate.

171. Once accepted by the consumer, the estimate is binding on the merchant. No additional costs may be charged to the consumer for the repairs provided for in the estimate.

172. The merchant shall not carry out any repairs not provided for in the accepted estimate before obtaining the express authorization of the consumer.

In the case where the merchant obtains a verbal authorization, he must record it in the estimate, indicating the date, the time, the name of the person who gave it and, where such is the case, the telephone number dialed.

173. When the merchant has carried out repairs, he must give the consumer a bill indicating:

(a the name and address of the consumer and of the merchant;
(b the make, the model and the registration number of the automobile;
(c the date of delivery of the automobile to the consumer and the number of miles or kilometres registered on the odometer of the automobile on that date;
(d the repairs carried out;
(e the part installed, specifying whether it is a new, used, re-tooled or reconditioned part and its price;
(f the number of hours of labor billed, the hourly rate and the total cost of labor;
(g the duties chargeable under a federal or provincial Act;
(h the total amount the consumer must pay for that repair; and
(i the characteristics of the warranty.
 
For the full text of the law, click here: Consumer Protection Act
 
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