Collision Repair Standards Act, 2002 Klees, Frank — Bill 165 (37th Parliament, 3rd Session)

Bill 165, 37-3

Ontario — Bills

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Bill 165, Collision Repair Standards Act, 2002

Klees, Frank

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[37] Bill 165 Original (PDF)

Bill 165 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; ("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.

Members of board

(2) The Advisory Board consists of nine members appointed by

the Lieutenant Governor in Council, of whom,

(

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

(

b) three shall be persons who work in the automobile insurance industry;

and

(

c) two shall be persons who do not work in either the collision repair or

the automobile insurance industry, and who are not employees of the Ontario

Public Service.

Term of office

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

are subject to the following rules:

1. Two of the members mentioned in clause (2) (

a) and one of the members

mentioned in clause (2) (

b) shall be appointed for a term of one year.

2. One of the members mentioned in each of clauses (2) (a), (

b) and (

c) shall be appointed for a term of two years.

3. One of the members mentioned in each of clauses (2) (a), (

b) and (

c) shall be appointed for a term of three years.

4. Members may be reappointed.

5. 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 recommendations to the Minister concerning requirements for the

certification and decertification of collision repair shops;

(

b) make recommendations to the Minister concerning standards for

certified collision repair shops;

(

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

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

(

d) review complaints against certified collision repair shops;

(

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

certified collision repair shops;

(

f) 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

(

g) 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 it sees

fit, 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.

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.

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.

Regulations

7. 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.

Insurance Act

8. The Insurance Act is amended by adding the

following sections:

Certified collision repair shops

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, subject to this section, to have the

repair performed at any certified collision repair shop within the meaning of

the Collision Repair Standards Act, 2002 that will perform the

repair at a price that is competitive with that charged by other certified

collision repair shops in the immediate geographic area .

Definition

(2) In this

section and

section 263.2,

"immediate geographic area" means the area within which the owner of an

automobile would normally travel for the purpose of obtaining appropriate

services or repairs for his or her automobile.

Payments only for certified collision repair

shops

263.2

(1) Despite the terms of any

policy, an insurer may not make a payment for the repair of damage to an

automobile due to a collision, unless the repair is performed at a certified

collision repair shop within the meaning of the Collision Repair

Standards Act, 2002 .

Exceptions

(2) Subsection (1) does not apply to the following:

1. Repair of damage that takes place outside of Ontario, where it would

not be practicable to have the repair performed in Ontario.

2. Situations where there is no certified collision repair shop within the

immediate geographic area.

3. Repair of damage to equipment that is not part of the structure or body

of an automobile, including, without being limited to, electronic

entertainment equipment.

Commencement

9. This Act comes into force 30 days after the day it

receives Royal Assent.

Short title

10. The

short title of this Act is the Collision

Repair Standards Act, 2002 .

EXPLANATORY NOTE

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. Insurance payments

may only be made in respect of repairs that are performed at certified

collision repair shops.

Date Bill stage Activity Committee

June 27, 2002

First Reading

Carried

Debates and Progress

First Reading

June

27, 2002

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :

This Act comes into force 30 days after the day it receives Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 165, 37-3
Type	bill
Volume / chapter	p37 s3 bill 165 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	b7599b22324d5a9f418882e00b548a11af903770

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