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Consumer Protection –
Consumer Protection Office |
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The Government recognizes that most car repair businesses treat people fairly, but there are some situations where consumers need protection. The Consumer Protection Amendment Act (Motor Vehicle Work and Repairs) was developed, in consultation with industry and stakeholders, in order to provide specific protection measures to consumers having work done to their motor vehicles. Below is important information about the motor vehicle work and repairs legislation.
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The new rules come into effect on July 1, 2013.
The legislation:
The legislation applies to businesses in Manitoba who do work or repairs on motor vehicles such as cars, trucks or motorcycles.
No. The legislation applies to transactions between consumers and businesses only.
Yes. The legislation will not apply to work or repairs to vehicles such as farm equipment or off road vehicles.
The legislation will not apply to claims through MPI. MPI has its own legislation with protective measures and processes for resolving consumer disputes.
Yes. Repairers must offer to provide consumers with a written estimate for all repairs exceeding $100. If a consumer declines the written estimate the repairer must obtain authorization from the consumer for the maximum amount they will pay.
Examples of the information an estimate must include is: the make, model, licence and vehicle identification number of the motor vehicle, a detailed description of the work or repairs to be carried out, a list itemizing the parts to be installed, an estimated total charge for labour, and if the customer is to be charged for shop supplies, the amount to be charged and the method used to calculate that amount.
The estimate should include the total cost estimated to be charged to consumers for the work or repairs, including all fees, charges and levies, but excluding provincial and federal retail sales tax.
For certainty and in the interest of full disclosure a repairer may choose to include the sales taxes if desired.
Yes. Businesses can charge consumers for an estimate. However, the consumer must be told in advance that there is a fee to provide an estimate, as well as the amount of the fee.
Yes. Repairers will be allowed up to 10% more than the amount specified on the estimate up to a maximum of $100.
As long as these items were not to be fixed as part of the initial estimate, the repairer could repair them for an additional charge. However, to do so, the repairer would need to prepare a separate estimate and receive authorization from the consumer.
Consumers can provide authorization in writing. Authorization can also be provided by other means such as by phone or by email. Regulations require that repairers retain records of authorization not provided in writing.
A repairer cannot charge for work on a motor vehicle unless the work was authorized by the consumer. Repairers may be assessed an administrative penalty for charging for work that was not authorized.
Repairers must warrant the parts and the labour to install them for a minimum of 90 days or 5,000 kilometres, whichever comes first. If a repairer provides additional warranty, those terms must be provided on the invoice.
This is in addition to any warranties already included in The Consumer Protection Act that are implied for every retail sale by law.
Repairers must advise the consumer that there is a minimum warranty of 3 months or 5,000 km, whichever comes first. The repairer must also disclose any other warranty that they provide. If the manufacturer provides additional warranty, the repairer may pass this information along but it is not required by law. If applicable, a repairer may use a general statement to describe the warranty provided by a certain manufacturer.
Yes, tires are included under the mandatory warranty with respect to a defect in manufacturing or improper installation. This warranty does not apply with respect to road hazard.
The warranty begins on the date of delivery of the repaired motor vehicle to the consumer.
The legislation states that both the repairer and the sub-contractor are responsible for the warranty. This ensures that the consumer does not get "stuck in the middle" of a disagreement between the businesses as to which one is responsible. The repairer will also be required to provide the sub-contractor's contact information, in case the consumer needs to make a claim under warranty.
Yes. A written invoice for work or repairs done to motor vehicle must be provided to the consumer. The legislation sets out what information must be included in the invoice. Some of the information an invoice must include is: the vehicle identification number and licence of the motor vehicle; the date and time that the consumer authorized the work or repairs; the amount set out in the estimate or the maximum amount the consumer specified; an exact description of the work or repairs done to the motor vehicle; an itemized list of the parts installed and the amount the consumer is being charged for shop supplies.
Yes. Repairer must post signs that meet prescribed size, type and wording requirements as provided for in the legislation. These signs highlight specific rights and protections for consumers, as well as the obligations of repairers. See 'Schedule A' for an example of the required signage.
The repairer must have the sign posted, but may choose which of the two official languages they wish to use.
Repairers may post either the highest labour rate or the range of labour rates used in the facility.
If the consumer declines the return of parts when authorizing the work or repairs, the associated parts do not have to be kept separate during the repair.
For safety concerns, repairers are not required to offer fluids to consumers, though may do so by choice.
The Consumer Protection Office can inspect repair shops to ensure they are complying with the legislation, such as posting the required signs. The Consumer Protection Office will also mediate complaints filed by consumers and enforce the legislation. Companies that are found to have breached the legislation may be subject to administrative penalties and or prosecution.
Businesses may contact the Consumer Protection Office for more information regarding the motor vehicle work and repair legislation. The Consumer Protection Office can be reached by telephone, fax and email. The contact information is as follows:
Consumer Protection Office
302-258 Portage Avenue
Winnipeg, Manitoba R3C 0B6
These documents are intended to provide general information on motor vehicle work and repair requirements and do not go into detail regarding all applicable legislation. If a discrepancy is found between this document and the legislation it refers to, the legislation supersedes the information found in this document. While the Consumer Protection Office makes every effort to notify businesses of new provisions, it remains the business’ responsibility to know and to comply with all applicable legislation.
