17 questions. Pick an answer and the explanation reveals below it. Your score updates as you go.
Consumer Protection Act for Dealers · 17 questions Free set
Question 1 of 17 Consumer Protection Act for Dealers
Section 1 of the Consumer Protection Act, 2002 defines "consumer" as an individual acting for personal, family or household purposes, and expressly excludes a person acting for business purposes. Chapter 13 covers the Consumer Protection Act.
Question 2 of 17 Consumer Protection Act for Dealers
Consumer Protection Act, 2002 · reproduced on this site Press to read the wording here
(1) The substantive and procedural rights given under this Act apply despite any agreement or waiver to the contrary. 2002, c. 30, Sched. A, s. 7 (1).
Section 7(1) of the Consumer Protection Act, 2002 says the substantive and procedural rights given under the Act apply despite any agreement or waiver to the contrary, so a clause purporting to give those rights up does nothing. Reading and signing the clause, setting it in bold type above the signature line and taking legal advice first all leave section 7(1) untouched. Chapter 13 covers the Consumer Protection Act.
Question 3 of 17 Consumer Protection Act for Dealers
Consumer Protection Act, 2002 · reproduced on this site Press to read the wording here
(3) Any term or acknowledgement, whether part of the consumer agreement or not, that purports to negate or vary any implied condition or warranty under the Sale of Goods Act or any deemed condition or warranty under this Act is void. 2002, c. 30, Sched. A, s. 9 (3).
Section 9(3) of the Consumer Protection Act, 2002 makes any term that purports to negate or vary an implied condition or warranty under the Sale of Goods Act, or any deemed warranty under the Act, void. Chapter 13 covers the Consumer Protection Act.
Question 4 of 17 Consumer Protection Act for Dealers
Consumer Protection Act, 2002 · reproduced on this site Press to read the wording here
(3) A consumer must give notice within one year after entering into the agreement if,
(a) the consumer seeks to rescind an agreement under subsection (1); or
(b) the consumer seeks recovery under subsection (2), if rescission is not possible. 2002, c. 30, Sched. A, s. 18 (3).
Section 18(3) of the Consumer Protection Act, 2002 requires the consumer to give notice within one year after entering into the agreement. Chapter 13 covers the Consumer Protection Act.
Question 5 of 17 Consumer Protection Act for Dealers
Consumer Protection Act, 2002 · reproduced on this site Press to read the wording here
(1) No repairer shall charge a consumer for any work or repairs unless the repairer first gives the consumer an estimate that meets the prescribed requirements. 2002, c. 30, Sched. A, s. 56 (1).
Section 56(1) of the Consumer Protection Act, 2002 bars a repairer from charging a consumer for any work or repairs unless the repairer first gives the consumer an estimate meeting the prescribed requirements. Section 56(2) sets out the one alternative: the repairer offers an estimate, the consumer declines it, the consumer authorizes a maximum amount and the charge stays within it. Insurance coverage, OMVIC registration and a waiting period play no part in the section. Chapter 14 covers repairs.
Question 6 of 17 Consumer Protection Act for Dealers
Consumer Protection Act, 2002 · reproduced on this site Press to read the wording here
(2) Despite subsection (1), a repairer may charge for work or repairs without giving an estimate if,
(a) the repairer offers to give the consumer an estimate and the consumer declines the offer of an estimate;
(b) the consumer specifically authorizes the maximum amount that he or she will pay the repairer to make the repairs or do the work; and
(c) the cost charged for the work or repairs does not exceed the maximum amount authorized by the consumer. 2002, c. 30, Sched. A, s. 56 (2).
Subsection 56(2) of the Consumer Protection Act, 2002 lets a repairer charge without giving an estimate where it offered one, the customer declined the offer, the customer authorized a maximum amount and the charge stays inside that maximum. The estimate duty is not absolute, so the proposition is false. Chapter 14 covers repairs.
Question 7 of 17 Consumer Protection Act for Dealers
Consumer Protection Act, 2002 · reproduced on this site Press to read the wording here
(5) An individual who is convicted of an offence under this Act is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or both, and a corporation that is convicted of an offence under this Act is liable to a fine of not more than $250,000. 2002, c. 30, Sched. A, s. 116 (5).
Section 116(5) of the Consumer Protection Act, 2002 makes an individual convicted of an offence liable to a fine of not more than $50,000 or imprisonment for not more than two years less a day, or both. The $250,000 figure in the same subsection is the maximum fine for a corporation, and the Act sets no separate first-offence or indictable scale. Chapter 13 covers the consequences of breaking the CPA.
Question 8 of 17 Consumer Protection Act for Dealers
Consumer Protection Act, 2002 · reproduced on this site Press to read the wording here
(2) No repairer shall charge, for work or repairs for which an estimate was given, an amount that exceeds the estimate by more than 10 per cent. 2002, c. 30, Sched. A, s. 58 (2).
Subsection 58(2) prohibits a repairer from charging an amount that exceeds the estimate by more than 10 per cent for the work or repairs that were estimated. Anything above that threshold is not chargeable to the consumer, regardless of cost overruns the repairer encountered. Chapter 14 covers repairs.
Question 9 of 17 Consumer Protection Act for Dealers
The Consumer Protection Act, 2002 sets rules for retail transactions in goods and in services, and vehicle sales, leasing and repairs are all named, so a lease or a repair order is reached the same way a sale is. 13.02 covers the reach of the Act.
Question 10 of 17 Consumer Protection Act for Dealers
Taking advantage of a consumer is one of the two kinds of unfair practice, the other being a false, misleading or deceptive representation, so unfair conduct does not require a lie at all. 13.04 covers unfair practices.
Question 11 of 17 Consumer Protection Act for Dealers
Consumer Protection Act, 2002 · reproduced on this site Press to read the wording here
(1) Every repairer shall offer to return to the consumer all parts removed in the course of work or repairs and shall return all such parts unless advised when the work or repairs are authorized that the consumer does not require their return. 2002, c. 30, Sched. A, s. 61 (1).
Section 61 of the Consumer Protection Act, 2002 requires the repairer to offer the removed parts back and to return them unless told at the time the work is authorized that they are not wanted, so the duty runs without any request from the customer. 14.03 covers replacement parts.
Question 12 of 17 Consumer Protection Act for Dealers
O. Reg. 17/05 under the CPA, 2002 · reproduced on this site Press to read the wording here
For the purpose of section 59 of the Act, if an authorization that is not in writing is given to a repairer who works on or repairs vehicles, the following is required to be recorded in order for the authorization to be effective:
1. The name of the person giving the authorization.
2. The date and time of the authorization.
3. If the non-written authorization is given by telephone, the telephone number of the person giving the authorization, and if the non-written authorization is given by a method other than telephone, information regarding how the person giving the authorization can be contacted using the other method. O. Reg. 17/05, s. 49.
Section 49 of O. Reg. 17/05 makes a spoken repair authorization effective only where the shop records the name of the person who gave it, the date and time, and that person's telephone number. 14.03 covers repairs.
Question 13 of 17 Consumer Protection Act for Dealers
Section 74 of O. Reg. 17/05 requires a lease disclosure statement to set out the amount of any payment the lessee must make on early termination, or, where the amount cannot be worked out at the time of disclosure, the manner of determining it. 13.08 covers lease agreements.
Question 14 of 17 Consumer Protection Act for Dealers
Information counts as material where knowing it might change the buyer's decision to go ahead, so the test is the effect on that decision rather than whether anyone asked about it or wrote it down. 13.02 defines the term.
Question 15 of 17 Consumer Protection Act for Dealers
Consumer Protection Act, 2002 · reproduced on this site Press to read the wording here
(1) Where a consumer under a future performance agreement has paid two-thirds or more of his or her payment obligation as fixed by the agreement, any provision in the agreement, or in any security agreement incidental to the agreement, under which the supplier may retake possession of or resell the goods or services upon default in payment by the consumer is not enforceable except by leave obtained from the Superior Court of Justice. 2002, c. 30, Sched. A, s. 25 (1).
Section 25(1) of the Consumer Protection Act, 2002 makes a repossession term unenforceable once the consumer has paid two-thirds or more of the payment obligation fixed by the agreement, except by leave of the Superior Court of Justice, so the seller must go to court first. 13.06 covers the two-thirds exception on repossession.
Question 16 of 17 Consumer Protection Act for Dealers
Consumer Protection Act, 2002 · reproduced on this site Press to read the wording here
(1) On the repair of a vehicle, every repairer shall be deemed to warrant all new or reconditioned parts installed and the labour required to install them for a minimum of 90 days or 5,000 kilometres, whichever comes first, or for such greater minimum as may be prescribed. 2002, c. 30, Sched. A, s. 63 (1).
Section 63(1) of the Consumer Protection Act, 2002 deems every repairer to warrant new or reconditioned parts and the labour to install them for a minimum of 90 days or 5,000 kilometres, whichever comes first, so the cover takes in the work as well as the parts. 14.03 covers the legally required warranty.
Question 17 of 17 Consumer Protection Act for Dealers
Motor vehicle repairs fall under the Consumer Protection Act, 2002 and not under the MVDA, so a dealership's service work follows that Act's repair rules in Part VI. Manual 14.02 sets this out.
A free account carries 175 free questions (17 on this topic), the recorded version of this quiz, so every answer counts towards a score you can watch move. Go to your study area to track your progress. The mixed quiz redraws every two days. Lifetime access opens the full bank, timed mocks at every length and the revision sets for $59 CAD, once.
DealerPrep.ca