Law Talk: Motor vehicle repairs under the Consumer Protection Act
For many of us, motor vehicle repairs are
an essential part of life. This article will give
you an overview of your rights, and tell you
what you can do if problems arise related to
the repair of your vehicle.
Your Rights As a Consumer
Your rights regarding motor vehicle repairs are protected by Ontario's Consumer Protection Act, 2002 (CPA). The CPA covers repairs to cars, vans, trucks and motorcycles. It applies to anyone who repairs motor vehicles, including dealerships with repair facilities, neighbourhood garages and muffler shops.
Estimates, Authorization and Parts
Under the CPA, you must receive a written estimate before any work can be done and charged to you. The only exceptions are if you decline an estimate, or if you specify the maximum amount you are willing to pay for repairs. You can be charged a fee for an estimate, if the facility tells you about the fee and you agree to pay it, before the estimate is completed. The actual charge for your repairs cannot exceed the estimate by more than 10 per cent. The repairer is required to post a sign disclosing estimate fees (if any), their hourly repair rate, any flat or diagnostic charges, and any storage, delivery or other related charges. No work may be done on your vehicle until you authorize it, either verbally or in writing. If parts are replaced, the repairer must offer to return the old parts to you unless they are being replaced for free or are covered under the vehicle warranty.
Automatic Warranties Under the CPA
The CPA requires that all new and reconditioned parts, as well as labour, must be covered by a warranty for 90 days or 5,000 kilometres (whichever comes first). If your vehicle breaks down during the warranty period or becomes unsafe to drive, you have the right to take it back to the repair facility during the warranty period, and to have the defective or defectively installed parts replaced for free. If it is not practical to take the vehicle back to the same shop, you may have the repairs performed at the facility closest to you and the original repairer must reimburse you for the cost of repairing their defect, as well as for any reasonable towing costs involved.
Lodging a Complaint
If you are having a dispute with a repair facility over the quality of their work, your first step should be to send them a letter outlining your complaint. If that does not resolve the matter, you may want to get a written assessment of your vehicle's problem from another repair facility. If the assessment indicates that the original repairs were not properly done, then you can ask the initial facility to adjust your bill. If they refuse to do so, then you should file a formal complaint with the Ministry of Consumer Services. A link to the Ministry's complaint form can be found at the end of this article.
If you have a disagreement with a repair facility over the final bill, you should not withhold payment. If you do, the Repair and Storage Lien Act gives the facility the right to keep your vehicle and sell it after 60 days (provided that it complied with the requirements of the CPA with regard to the repairs). If you are dissatisfied with the quality of work or the amount charged to you, and do not want to pay the amount demanded, you can file a claim with the Small Claims Court and pay the full amount of the bill to the court in the meantime. The Court will decide how much the repair facility should be paid, if at all. The Ministry of the Attorney General has Small Claims Court resource guides on its website at tinyurl.com/smallclaims2013.
For more information on consumer rights and complaints related to motor vehicle repairs, visit the Ministry of Consumer Services website at www.sse.gov.on.ca/mcs/en/pages/default.aspx, or contact them at 1-800-889-9768. To file a complaint with the Ministry regarding a repair of your motor vehicle, please visit tinyurl.com/repaircomplaint2013. In addition, you can find more information about consumer protection topics at any time in a series of Community Law School webinars archived online at www.yourlegalrights.on.ca/trainingtopic/ consumer-law. Be empowered, and stay tuned.
This column is brought to you by Community Law School (Sarnia-Lambton) Inc., and Community Legal Services and Pro Bono Students Canada at Western University, with financial assistance from the Law Foundation of Ontario. It provides legal information only. The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need specific legal advice please contact a lawyer, your community legal clinic, Justice Net at 1-866-919-3219 or the Law Society Referral Service at 1-800-268-8326.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
Your Rights As a Consumer
Your rights regarding motor vehicle repairs are protected by Ontario's Consumer Protection Act, 2002 (CPA). The CPA covers repairs to cars, vans, trucks and motorcycles. It applies to anyone who repairs motor vehicles, including dealerships with repair facilities, neighbourhood garages and muffler shops.
Estimates, Authorization and Parts
Under the CPA, you must receive a written estimate before any work can be done and charged to you. The only exceptions are if you decline an estimate, or if you specify the maximum amount you are willing to pay for repairs. You can be charged a fee for an estimate, if the facility tells you about the fee and you agree to pay it, before the estimate is completed. The actual charge for your repairs cannot exceed the estimate by more than 10 per cent. The repairer is required to post a sign disclosing estimate fees (if any), their hourly repair rate, any flat or diagnostic charges, and any storage, delivery or other related charges. No work may be done on your vehicle until you authorize it, either verbally or in writing. If parts are replaced, the repairer must offer to return the old parts to you unless they are being replaced for free or are covered under the vehicle warranty.
Automatic Warranties Under the CPA
The CPA requires that all new and reconditioned parts, as well as labour, must be covered by a warranty for 90 days or 5,000 kilometres (whichever comes first). If your vehicle breaks down during the warranty period or becomes unsafe to drive, you have the right to take it back to the repair facility during the warranty period, and to have the defective or defectively installed parts replaced for free. If it is not practical to take the vehicle back to the same shop, you may have the repairs performed at the facility closest to you and the original repairer must reimburse you for the cost of repairing their defect, as well as for any reasonable towing costs involved.
Lodging a Complaint
If you are having a dispute with a repair facility over the quality of their work, your first step should be to send them a letter outlining your complaint. If that does not resolve the matter, you may want to get a written assessment of your vehicle's problem from another repair facility. If the assessment indicates that the original repairs were not properly done, then you can ask the initial facility to adjust your bill. If they refuse to do so, then you should file a formal complaint with the Ministry of Consumer Services. A link to the Ministry's complaint form can be found at the end of this article.
If you have a disagreement with a repair facility over the final bill, you should not withhold payment. If you do, the Repair and Storage Lien Act gives the facility the right to keep your vehicle and sell it after 60 days (provided that it complied with the requirements of the CPA with regard to the repairs). If you are dissatisfied with the quality of work or the amount charged to you, and do not want to pay the amount demanded, you can file a claim with the Small Claims Court and pay the full amount of the bill to the court in the meantime. The Court will decide how much the repair facility should be paid, if at all. The Ministry of the Attorney General has Small Claims Court resource guides on its website at tinyurl.com/smallclaims2013.
For more information on consumer rights and complaints related to motor vehicle repairs, visit the Ministry of Consumer Services website at www.sse.gov.on.ca/mcs/en/pages/default.aspx, or contact them at 1-800-889-9768. To file a complaint with the Ministry regarding a repair of your motor vehicle, please visit tinyurl.com/repaircomplaint2013. In addition, you can find more information about consumer protection topics at any time in a series of Community Law School webinars archived online at www.yourlegalrights.on.ca/trainingtopic/ consumer-law. Be empowered, and stay tuned.
This column is brought to you by Community Law School (Sarnia-Lambton) Inc., and Community Legal Services and Pro Bono Students Canada at Western University, with financial assistance from the Law Foundation of Ontario. It provides legal information only. The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need specific legal advice please contact a lawyer, your community legal clinic, Justice Net at 1-866-919-3219 or the Law Society Referral Service at 1-800-268-8326.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
