BILL NO. 94

(a) conduct a search to determine whether the vehicle is listed as manufacturer buy-back vehicle by the Canadian Motor Vehicle Arbitration Plan; and

(b) where the vehicle has been imported into Canada from the United States of America, conduct a search on the National Motor Vehicle Title Information System maintained by the United States Department of Justice to determine any brands associated with the vehicle.

(2) A dealer of used vehicles shall display, in a manner prescribed by the Registrar, on every vehicle that the dealer is advertising for sale the brand, if any, of the vehicle.

(3) Before completing an agreement of purchase and sale for a used vehicle, a dealer shall provide the potential purchaser with

(a) a copy of the certificate of registration or, where the vehicle is registered outside of the Province, the equivalent from the jurisdiction in which the vehicle was last registered;

(b) written confirmation of whether the vehicle is listed by the Canadian Motor Vehicle Arbitration Plan as a manufacturer buy-back;

(c) written confirmation of whether the vehicle was a fleet vehicle, a leased or rental vehicle, a taxi cab or limousine, a police car or an emergency vehicle if the dealer has knowledge of it having been such a vehicle;

(d) a history of the vehicle's repairs and any other information that the dealer has that a reasonable buyer would want to be aware of, if the dealer has knowledge of such information; and

(e) where the vehicle has been imported from the United States of America, written confirmation of whether the vehicle is listed in the National Motor Vehicle Title Information System maintained by the United States Department of Justice and any brands associated with the vehicle.

44B A dealer shall provide a purchaser of a used vehicle with a sales agreement that includes

(a) the name and address of the purchaser and the dealer;

(b) an acknowledgment from the purchaser that the purchaser has received the information required by Section 44A;

(c) the year, make, model, colour, options included and number of doors of the vehicle;

(d) the vehicle identification number;

(e) the odometer reading of the vehicle as of the date of sale;

(f) any warranty conditions associated with the vehicle;

(g) where the vehicle is covered under warranty, confirmation of the existence of the Canadian Motor Vehicle Arbitration Plan;

(h) the sale price of vehicle, together with any trade-in allowance, taxes or fees;

(i) the amount of the down payment or deposit paid by the purchaser;

(j) where the vehicle is branded as a non-repairable vehicle, written confirmation that the vehicle is not eligible to be repaired and registered for road use;

(k) confirmation, as of the date of the sale, of whether the vehicle is listed as manufacturer buy-back vehicle by the Canadian Motor Vehicle Arbitration Plan; and

(l) any other terms and conditions of the sale.

44C (1) Where a dealer intends to sell a used vehicle and it has knowledge that it is a lemon, the dealer shall notify the Registrar in the manner and form prescribed by the Registrar.

(2) Where the Registrar receives notice pursuant to subsection (1), the Registrar shall issue a certificate of registration for the vehicle with the brand of "lemon".

(3) A dealer shall not sell a vehicle identified in subsection (1) until a certificate of registration has been issued and received by the dealer stating the brand.

(2) Where a vehicle has been registered under this Act and was previously branded in another jurisdiction with a brand the Registrar determines is equivalent to a brand under this Act, the Registrar may revoke the registration and re-issue it with a brand.

(3) Before paying a claim in respect to damage to a vehicle, an insurer shall engage a qualified appraiser to examine the vehicle and report whether the vehicle is a non-repairable vehicle or a salvage vehicle.

(4) Where the qualified appraiser engaged pursuant to subsection (3) has determined that a vehicle is a non-repairable vehicle or a salvage vehicle, the insurer shall provide a copy of the qualified appraiser's report to the Registrar, or a person designated by the Registrar, within five days of payment of a claim in respect of damage to a vehicle.

(5) Upon receipt of a report under subsection (4), the Registrar, or a person designated by the Registrar, shall brand the vehicle in accordance with the report of the qualified appraiser.

(5A) Where a vehicle has suffered serious damage and an insurance claim has not been paid out to the owner in respect of such damage, the owner shall report the particulars of the damage to the Registrar within thirty days of the vehicle sustaining such damage.

(5B) Where a vehicle has suffered serious damage and the owner has engaged a qualified appraiser to appraise the vehicle, the qualified appraiser shall report to the Registrar if the vehicle is non-repairable or a salvage vehicle and the Registrar shall brand the vehicle in accordance with the report of the qualified appraiser.

(5C) Where the Registrar has reason to believe that any vehicle registered or required to be registered under the Act should have a brand, the Registrar may require the owner to engage a qualified appraiser to examine the vehicle and report to the Registrar whether the vehicle is a lemon, a non-repairable vehicle, a rebuilt vehicle or salvage vehicle.

(5D) Upon receipt of a report under subsection (5C), the Registrar shall brand the vehicle in accordance with the report of the qualified appraiser.

(5E) The owner of the vehicle required to engage a qualified appraiser under subsection (5C) is responsible for all costs associated with engaging the qualified appraiser.

(5F) Where a report is not received by the Registrar within thirty days of a request being made under subsection (5C), the Registrar may revoke the certificate of registration for the vehicle and issue a brand the Registrar determines is appropriate.

(a) prescribing the qualifications of a appraiser who is determining the brand of a vehicle and who is certifying the repairs;

(b) specifying the forms required to be completed in certifying a rebuilt vehicle;

(c) exempting certain vehicle types from branding;

(d) specifying the manner and form of how a brand is to be reported to the Registrar;

(e) specifying structural assemblies of various types of vehicles;

(f) specifying the inspection requirements for a rebuilt vehicle;

(g) such other matters or things as the Minister considers necessary or advisable to ensure a vehicle registered under this Act has an accurate brand.

(9) The exercise by the Minister of the authority contained in subsection (8) is regulations within the meaning of the Regulations Act.