P-40.1 - Consumer Protection Act

Section 53.1 Disposition versions

2023-10-05

53.1. On an application by a consumer who is the owner or long-term lessee of an automobile, an automobile is declared a “seriously defective automobile” by the court where

(a)  attempts to repair one or more defects affecting the automobile have been made under the automobile’s basic conventional warranty given gratuitously by the manufacturer, namely

i.  three unsuccessful attempts for the same defect;

ii.  one or two unsuccessful attempts for the same defect where the merchant or the manufacturer responsible for performing the warranty has had the automobile in his possession for more than 30 days, not including any days for which the merchant or the manufacturer shows that he cannot carry out the repairs by reason of a shortage of parts and that he provides the consumer with a replacement automobile free of charge; or

iii.  12 attempts for unrelated defects;

(b)  the defects have appeared within three years of the first sale or long-term lease of the automobile to a party other than a merchant authorized by the manufacturer to distribute the automobile where the automobile has not covered more than 60,000 kilometres; and

(c)  the defects render the automobile unfit for the purposes for which it is ordinarily intended or substantially diminish its usefulness.

The presence of a latent defect is deemed to be affecting an automobile that is declared a seriously defective automobile.

2023, c. 21, s. 5.