Collision Repair Standards Act, 2002 Sampson, Rob — Bill 186 (37th Parliament, 3rd Session)

Bill 186, 37-3

Ontario — Bills

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Bill 186, Collision Repair Standards Act, 2002

Sampson, Rob

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Status

Debates

Original

As Amended by Standing Committee

Royal Assent

[37] Bill 186 Royal Assent (PDF)

Bill 186 2002

An Act to further highway safety

and establish consumer protection

through the regulation of the

collision repair industry, and to make

a complementary amendment

to the Insurance Act

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"Advisory Board" means the Collision Repair Advisory Board; ("Conseil

consultatif")

"certified collision repair shop" means a collision repair shop that has

been certified by the Minister in accordance with the regulations; ("atelier

de réparation en cas de collision agréé")

"collision repair" means the repair of automobiles that have been damaged

by collision, and includes the repair of automobiles that have been damaged

by,

(

a) collision with another vehicle,

(

b) collision with the roadway or any object on the roadway,

(

c) an act of theft or attempted theft,

(

d) fire, or

(

e) vandalism; ("réparation en cas de collision")

"collision repair shop" means a place of business where collision repair

is performed, and includes an entity that provides towing services, where the

entity is owned or operated either in whole or in part by an entity that

provides collision repair; ("atelier de réparation en cas de

collision")

"Minister" means the Minister of Consumer and Business Services, or such

other member of the Executive Council to whom the administration of this Act

may be assigned under the Executive Council Act ; ("ministre")

"regulations" means the regulations made under this Act.

("règlements")

Purpose

2. The purposes of this Act are the

following:

1. To further highway safety by promoting the proper and efficient repair

of automobiles that have sustained structural or body damage.

2. To protect consumers from dishonest, deceptive and fraudulent practices

in the repair of such motor vehicles.

3. To provide a fair marketplace for the collision repair industry and

those who have an interest in it.

4. To implement a regulatory framework for the collision repair industry

which will provide for the certification of collision repair shops based on

industry standards, and decertify those collision repair shops which fail to

meet those standards.

5. To establish province-wide standards for quality collision repair, and

a system of inspection and compliance.

Advisory Board established

(1) A board is established under

sur la réparation en cas de collision in French.

Board membership

(2) The Advisory Board consists of 10 members appointed by the

Lieutenant Governor in Council, of whom,

(

a) four shall be persons who work in the collision repair industry;

(

b) four shall be persons who represent the consumers of Ontario and who

do not work in the collision repair industry; and

(

c) two shall be employees of the Government of Ontario.

Terms of office

(3) The terms of office of the members of the Advisory Board

are subject to the following rules:

1. Members serve for a term set by the Lieutenant Governor in Council in

the instrument of appointment.

2. Members may be reappointed.

3. When the term of a member expires, he or she continues to serve until a

successor is appointed.

Chair and vice-chair

(4) The members of the Advisory Board shall designate a chair

and a vice-chair from among the members.

Quorum

(5) Five members of the Advisory Board constitute a quorum.

Procedures and practices

(6) The Advisory Board may make rules establishing its own

procedures and practices.

Responsibilities of Advisory Board

(1) The Advisory Board

shall,

(

a) make an annual report to the Minister concerning its activities,

including an annual budget indicating the Advisory Board is self-financing,

and make the report available to the public;

(

b) make recommendations to the Minister concerning requirements for the

certification and decertification of collision repair shops;

(

c) make recommendations to the Minister concerning standards for

certified collision repair shops;

(

d) review applications for the certification of collision repair shops,

and recommend to the Minister whether the application should be granted;

(

e) review complaints against certified collision repair shops;

(

f) attempt to resolve disputes between consumers and the proprietors of

certified collision repair shops;

(

g) where it is of the opinion, after giving the proprietor of a certified

collision repair shop a chance to be heard, that the repair shop should be

decertified according to the standards set by the regulations, advise the

Minister accordingly; and

(

h) generally, perform all functions related to the certification and

regulation of collision repair shops that are referred to it by the

Minister.

Delegation

(2) The Advisory Board may, subject to any conditions

prescribed in the regulations, delegate any of its responsibilities under

subsection (1) to,

(

a) one of its members;

(

b) a committee of its members; or

(

c) one or more employees of the Ministry over which the Minister

presides.

SPPA

(3) The Statutory Powers Procedure Act applies to

procedures and hearings of the Advisory Board.

Powers of Minister

5. The Minister may,

(

a) certify collision repair shops;

(

b) decertify collision repair shops; and

(

c) refer matters concerning the collision repair industry to the Advisory

Board for review and advice.

Motorist's Bill of Rights

(1) At the time of providing an

estimate to a customer, every operator of a certified collision repair shop

shall provide every customer with a copy of the Motorist's Bill of Rights

that complies with subsection (2).

Same

(2) The Motorist's Bill of Rights shall contain at least the

following elements:

1. A statement advising the consumer of his or her right to select a

certified collision repair shop for auto body damage.

2. A statement advising the consumer that an insurer may suggest that the

work be done at a particular collision repair shop but may not require this

work to be done at a particular collision repair shop.

3. A statement advising the consumer of his or her right to be informed

about whether the auto body repairs will be made with new original equipment

parts, new aftermarket parts, or other type of parts.

4. A statement confirming to the consumer that the repairer will, before

the consumer takes custody of the repaired vehicle, provide the consumer with

a certificate acknowledging that the repair has been made in accordance with

all applicable safety standards.

5. Toll-free phone number and Internet address for reporting suspected

fraud and other complaints and concerns about collision repair shops to the

Advisory Board.

Inspections

(1) The Minister may appoint or

designate inspectors for the purposes of this Act.

Entry by inspector

(2) An inspector may enter a certified collision repair shop

during normal business hours for the purpose of determining whether the

standards set by the regulations are being complied with.

Examination

(3) For the purposes of carrying out an inspection, an

inspector may,

(

a) examine books and records of the certified collision repair shop;

(

b) carry away books and records and make copies of them, on the condition

that the books and records are promptly returned; and

(

c) make reasonable inquiries.

Offence

(4) Every person who hinders or obstructs an inspector acting

in the course of his or her duties is guilty of an offence and on conviction

is liable to a fine not exceeding $5,000.

Duty to be certified

(1) No person shall operate a

collision repair shop that is not certified by the Minister in accordance

with the regulations.

Penalty

(2) Every person who contravenes this

section is guilty of an

offence, and on conviction is liable to a fine not exceeding $10,000 for a

first offence and not exceeding $50,000 or to imprisonment for not more than

six months, or to both, for each subsequent offence.

Regulations

(1) The

Minister may make regulations,

(

a) setting standards for the certification and decertification of

collision repair shops;

(

b) setting standards that must be met by certified collision repair

shops;

(

c) prescribing anything that may be prescribed for the purposes of this

Act;

(

d) generally for implementing the provisions of this Act.

Fees

(2) The Lieutenant Governor in Council may make

regulations,

(

a) requiring applicants for the certification of collision repair shops

to pay reasonable fees to support the operation of the Advisory Board;

(

b) to ensure that the Advisory Board is self-financing.

Insurance Act

10. The Insurance Act is amended by adding the

following section:

Payment for collision repair

263.1

(1) An insured who is

entitled to payment from an insurer for the repair of damage to an automobile

as a result of a collision is entitled to have the repair performed at any

certified collision repair shop within the meaning of the Collision

Repair Standards Act, 2002 , subject to any rules that may be made in

regulations under subsection (3).

Cooling-off period

(2) Despite the terms of any policy, an insurer is not required

to make a payment for the repair of damage to an automobile due to a

collision where the automobile was towed to a collision repair shop or a

collision reporting centre, and the automobile was not released for repair

with the consent of both the insurer and the insured.

Regulations

(3) The Lieutenant Governor in Council may make regulations

setting out rules for the purposes of subsection (1).

Definition

(4) In this section,

"collision" includes,

(

a) collision with another vehicle,

(

b) collision with the roadway or any object on the roadway,

(

c) an act of theft or attempted theft,

(

d) fire, or

(

e) vandalism.

Commencement

11. This Act comes into force on a day to be named by

proclamation of the Lieutenant Governor.

Short title

12. The

short title of this Act is the Collision

Repair Standards Act, 2002 .

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 186 and

does not form part of the law. Bill 186 has been enacted as

Chapter 31 of the

Statutes of Ontario, 2002.

The Bill empowers the Minister to establish a regulatory framework for the

collision repair industry, including the certification and decertification of

collision repair shops.

The Bill also establishes the Collision Repair Advisory Board to perform

an advisory function concerning the automobile collision repair industry.

The Bill also amends the Insurance Act to provide that, subject

to certain conditions, a consumer may have collision repairs performed at a

certified collision repair shop of his or her choosing.

[37] Bill 186 As Amended by Standing Committee (PDF)

Bill 186 2002

An Act to further highway safety

and establish consumer protection

through the regulation of the

collision repair industry, and to make

a complementary amendment

to the Insurance Act

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"Advisory Board" means the Collision Repair Advisory Board; ("Conseil

consultatif")

"certified collision repair shop" means a collision repair shop that has

been certified by the Minister in accordance with the regulations; ("atelier

de réparation en cas de collision agréé")

"collision repair" means the repair of automobiles that have been damaged

by collision, and includes the repair of automobiles that have been damaged

by,

(

a) collision with another vehicle,

(

b) collision with the roadway or any object on the roadway,

(

c) an act of theft or attempted theft

Document details

Collection	Ontario — Bills
Citation	Bill 186, 37-3
Type	bill
Volume / chapter	p37 s3 bill 186 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4dbbb914d4e805b224a7145033f23ffa21baf4d4

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