Auto recourse: Your rights under Bill 29

What is Bill 29?

Passed in 2023, Bill 29, An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, strengthened certain obligations already set out in the Consumer Protection Act (CPA) and introduced new measures related to business practices.

What did the adoption of Bill 29 change for consumers?

Bill 29 strengthened certain protections for auto consumers, particularly when it comes to maintenance, repairs and access to auto parts. It now governs the right to repair, adds a free inspection before the end of a lease, and clarifies the warranty of good working order and anti-lemon warranty that apply to defective vehicles.

The right to repairability and information

The adoption of Bill 29 makes it easier to access the replacement parts, tools and information needed to repair or maintain a vehicle.

• Manufacturers must make replacement parts, repair services¹ and the information needed to maintain and repair vehicles available for a reasonable period of time.
• Manufacturers must also provide the data needed for diagnostics, maintenance and repairs, in accordance with applicable disclosure requirements. This means you can have your vehicle repaired at the repair shop of your choice.

End-of-lease inspection

At least 90 days before your lease ends, the merchant must offer you a free inspection of your vehicle. If you accept, the inspection must be carried out between 30 and 60 days before the vehicle is returned, and must include a detailed written report.

You can also choose to have your vehicle inspected, at your own expense, at the repair shop of your choice—for example, at a CAA-Quebec Authorized Vehicle Inspection Centre.

You then have 10 days to have the recommended repairs done at the repair shop of your choice. CAA-Quebec members get a discount at Approved Auto Repair Services.

The legal warranty of good working order

Certain used vehicles sold by a merchant automatically come with a warranty of good working order. Its duration varies based on the vehicle’s age, mileage and category. It covers the parts and labour needed to keep the vehicle in good working order.

The anti-lemon warranty

The “anti-lemon law” can apply when a vehicle accumulates significant, recurring problems that repairs have failed to resolve on a lasting basis.

A vehicle may be considered seriously defective when it:

• requires multiple repairs for the same problem;
• remains out of commission for an extended period; or
• accumulates significant defects.

This legal warranty of quality applies to vehicles that are less than 3 years old or have travelled less than 60,000km.

What are your options if you have a dispute with a dealer?

Several recourse options are available if you have an auto-related dispute in Quebec with a merchant, whether a dealer or not. They apply progressively—from the simplest solutions to more formal steps.

Amicable discussion: The first step when a problem arises

Before taking more formal steps, contact the merchant right away to try to resolve the situation.

Keep your contracts, invoices, emails, texts, photos and repair reports to document your file.

CAA-Quebec’s mobility conciliation service: What is it?

CAA-Quebec offers its members a conciliation service with merchants to help with certain auto-related disputes.

This service can help you:

• facilitate communication with the merchant;
• clarify certain issues;
• work toward an amicable settlement; and
• avoid more complex—and often costly—legal proceedings.

Formal notice and small claims: The ultimate legal recourse

A formal notice (mise en demeure) is a letter, often sent by registered mail, demanding that the merchant fulfill their obligations within a set period of time. It’s mandatory in disputes involving a hidden defect and aims to encourage an amicable settlement before legal action is taken.

Small claims court becomes an option when amicable discussions, conciliation and a formal notice have failed to resolve the dispute.

This recourse is generally used to recover an amount of less than $15,000 or to assert a right when a merchant refuses to cooperate.

The time limits for filing a small claims case vary depending on the situation. Act quickly after discovering the problem to preserve your rights. You should also:

• keep all evidence;
• show the steps you’ve already taken;
• document the damages incurred; and
• meet the applicable deadlines.

Filing a complaint with the Office de la protection du consommateur (OPC): Step by step

You can file a complaint with the OPC online, by phone or in person if a merchant fails to meet their obligations.

Your complaint will first be assessed to determine whether the situation falls within the Office’s mandate. If it does, the complaint will be added to the merchant’s file.

To support your case, gather your contract, invoices, written correspondence, proof of the problem and any repair-related documents.

When a merchant accumulates multiple complaints or violations, the OPC may open an investigation, intervene with the merchant by issuing a notice reminding them of the law’s requirements or of non-compliance, impose administrative monetary penalties, or recommend criminal prosecution, depending on the situation.

Good to know: The OPC does not directly represent consumers in court.

Key takeaways on your auto rights in Quebec

Bill 29 strengthened certain protections you’re entitled to when it comes to auto repairs, maintenance and warranties of quality. It makes it easier to access the parts and information needed for repairs, while also governing certain warranties and steps to take if you have a problem with a merchant.

Knowing your rights and the recourse options available helps you make informed choices and act quickly if a dispute arises. CAA-Quebec is here to help, offering information, advice and services tailored to your mobility needs.

FAQ – Bill 29 and motorists’ rights

1. What is Bill 29?

Bill 29 strengthens certain consumer protections related to the durability, repairability and maintenance of goods and services, including vehicles. Among other things, it governs the right to repair and certain auto warranties.

2. What is the right to repair?

The right to repair allows consumers to access the auto parts, tools and information needed to have their vehicle maintained or repaired at the location of their choice.

3. Does Bill 29 apply to both new and used vehicles?

Some provisions apply to used vehicles, while others don’t. In addition, the protections that apply can vary based on the vehicle’s age, mileage and category.

4. Can CAA-Quebec help me if I have a dispute with my dealer?

Yes. Members who are active before a dispute arises can access CAA-Quebec’s mobility conciliation service. It’s included with their membership.

5. How do I take an auto merchant to small claims court in Quebec?

You need to prepare a file containing your contracts, invoices, written correspondence and proof of the problem before filing your claim.

6. Can I pursue recourse against a merchant and go through conciliation at the same time?

Yes. These steps can generally be pursued in parallel.

7. What is the anti-lemon warranty?

It’s a protection for certain seriously defective vehicles that have significant, recurring problems despite multiple repair attempts.

1. A dealer may opt out of this availability warranty, provided the consumer is notified before the purchase, and several automakers have opted out of this warranty to date.