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Vision To have CAMVAP valued by consumers, industry and government as a national, voluntary, objective dispute resolution program to address vehicle defects and warranty disputes. Our vision is that consumers needing the plan will be aware of CAMVAP and able to access it readily. Values CAMVAP will deliver the plan in a manner that is fair, fast, friendly, free and final. Mission To provide an alternative dispute resolution process for vehicle defects and warranty disputes between consumers and manufacturers that is fair, fast, friendly, free and final. |
CAMVAP Agreement for Arbitration.
This booklet contains an overview of the CAMVAP arbitration process and gives you tips on how to take part. It is not a legal document. It is only meant to give you an overview of the CAMVAP arbitration process.
PART I - INTRODUCTION TO CAMVAP What is CAMVAP?CAMVAP is a cross-Canada program that you can use to resolve disputes with a manufacturer about defects in your vehicle's assembly or materials, or how the manufacturer is applying or administering its new vehicle warranty. Disputes are resolved through binding arbitration.
CAMVAP covers most domestic and imported passenger cars, light trucks, sport utility vehicles, vans and multi-purpose passenger vehicles purchased or leased in Canada, as long as the vehicle is the current model or one of four previous model years.
What is binding arbitration?Binding arbitration means that you and the manufacturer agree to accept the decision of an impartial person called an arbitrator who listens to presentations from each of you at a hearing and makes a decision based on those presentations.
If you make a convincing presentation and a CAMVAP arbitrator rules in your favour, the arbitrator can order the manufacturer to repair or buy back your vehicle. On the other hand, if the manufacturer's presentation is more convincing than yours the arbitrator will dismiss your claim.
The arbitrator's written decision is called an Award. Once the arbitrator gives an Award, the case is over. Neither you nor the manufacturer can appeal the decision and both of you must do what is necessary to carry out the arbitrator's decision.
The arbitrator's mandate and the arbitration procedure are spelled out in CAMVAP's Agreement for Arbitration, available from the Provincial Administator.
What can a CAMVAP arbitrator order?A CAMVAP arbitrator is authorized to order certain, specific things which are called "remedies". You will be asked to pick the remedies you want when you fill out your Claim Form.
An arbitrator can order that the manufacturer do one or more of the following:
The arbitrator can also order that:
But a CAMVAP arbitrator cannot order:
What kind of presentation do I have to make for CAMVAP?At the hearing you should present all of the information needed to convince the arbitrator to decide your claim in your favour. This includes the testimony of witnesses and documents. You will find detailed help with your presentation in a companion guide called "Getting Ready for CAMVAP".
Should I keep records for CAMVAP?Yes. You should track your efforts to resolve the problem with your vehicle by noting who you spoke with at the dealership or manufacturer and when. You should also keep all relevant documents such as invoices, letters, service records, bills of sale, work orders, receipts for out-of pocket expenses, lease agreements or other contracts. These may be necessary to prove the facts of your case.
Do I need a lawyer to go to CAMVAP?You do not need a lawyer for CAMVAP, but if you feel more comfortable having a lawyer advise you and make your presentation, you may do so at your expense. You also have the option of having a friend or family member assist you. Manufacturers do not usually bring lawyers to CAMVAP hearings.
Can I bring witnesses?You can and should bring to the hearing anyone who has relevant information to help prove your claim.
What if I need an interpreter?CAMVAP hearings are conducted in one of Canada's official languages, English or French. For all other languages CAMVAP can arrange an interpreter at your expense.
Do I have to keep the outcome of CAMVAP confidential?No. You may discuss your involvement in the plan, including the arbitrator's Award, as you see fit.
CAMVAP periodically posts case results on its website or reports publicly on case outcomes, but it does not circulate copies of Awards to arbitrators or other parties and it will not disclose information that identifies you personally.
For a copy of our Annual Report, ask us or visit www.camvap.ca.
How can I have confidence in the arbitrator?CAMVAP's arbitrators are arms-length service providers who completed the plan's training. They sign a contract with CAMVAP to uphold its standards and ethics. They are not automobile experts but can call upon technical expertise at any time during your case.
In each Canadian province or territory the courts oversee the arbitration process and arbitration legislation sets out when you can ask a court to set aside an arbitrator's decision or order a new hearing.
How do I know the manufacturer will obey the arbitrator's Award?Like you, the manufacturer is legally bound by the arbitrator's Award and will carry it out as part of its commitment to CAMVAP. If one of you does not obey an Award, you or the manufacturer may ask the court to enforce it.
What are the advantages of using CAMVAP? CAMVAP Is FairYou will receive a fair hearing before an impartial arbitrator. Consumers with vehicle problems or warranty concerns like yours have used CAMVAP since 1994 and have given CAMVAP arbitrators high ratings for being courteous, professional and fair.
CAMVAP Is FastFrom start to finish, the CAMVAP process takes an average of 70 days. We set up your hearing within 50 days of receiving your completed application. Then, within 14 days of your hearing, we will send you a copy of the arbitrator's Award.
CAMVAP Is FriendlyYour CAMVAP hearing will be held in a hotel meeting room, community centre or similar facility as close to your home as possible. Hearings are less formal than court. Witnesses take an oath or solemn promise to tell the truth but you do not have to use special language. Other than common courtesy, there are no special rules about how to behave.
Although CAMVAP is less formal than court, the general pattern of a CAMVAP hearing is similar to court. The arbitrator leads everyone through the process. You (the "claimant") make the first presentation. The manufacturer's representative (the "respondent") goes second. Then you may reply to anything new that the respondent brings up.
CAMVAP Is FreeThere are no fees to use CAMVAP but it may cost you to prepare and present your claim such as the fees and expenses of your lawyer, witnesses or interpreter.
CAMVAP Is FinalOnce the arbitrator makes a decision, it is final. There is no appeal. When the manufacturer carries out the Award, your claim is over and the manufacturer is released from any further responsibility for it.
You and the manufacturer have limited rights to ask a court to set aside an arbitrator's decision or allow a new hearing but this will not happen just because one of you does not like the final outcome.
What alternatives do I have to CAMVAP?CAMVAP is entirely voluntary and you are in the best position to judge whether it is right for you. You may go to court for your dispute or you may use CAMVAP, but you may not do both.
Before deciding on CAMVAP, research other available options such as going to court, negotiating with the manufacturer, selling or trading in your vehicle or taking no action at this time. Check into consumer protection laws in your province or territory. Weigh the pros and cons of CAMVAP and any other options that you have, then pick the option that makes the most sense for you.
How is CAMVAP organized?CAMVAP is a corporation whose members are representatives of the automobile industry, the provincial and territorial governments and consumers. The automobile industry funds the plan but holds a minority of seats on the Board of Directors. Participating manufacturers and importers are listed at the back of this booklet.
Do I qualify for CAMVAP?To qualify for CAMVAP, you must meet certain, specific conditions. These are called eligibility criteria and they are spelled out in detail in the Agreement for Arbitration.
You qualify if:
But you do not qualify if:
PART II - APPLYING FOR A CLAIM FORM I'm interested in CAMVAP. Now what?Before receiving a CAMVAP application package, you must make a genuine effort to resolve your dispute with the manufacturer. This means that you have to follow the manufacturer's dispute resolution process and give the dealer and the manufacturer an opportunity to resolve the problem with your vehicle.
What is the manufacturer's dispute resolution process?This varies from one manufacturer to another. You will find the process for your particular vehicle in your owner's manual or warranty booklet. This is the process that you must follow before you come to CAMVAP.
Must I also give both the dealer and the manufacturer an opportunity to resolve the problem?Yes. You must give each of the dealer and the manufacturer a reasonable amount of time and opportunity to resolve the problem.
First talk with the dealer and see if the dispute can be resolved at that level. If you do not succeed at the original dealership, consider going to a different one.
If your dispute is still not resolved, call the manufacturer's customer assistance centre. (See back page of this guide.) You may be asked to meet with the manufacturer's representative. Give the manufacturer a reasonable amount of time and opportunity to resolve the problem.
Keep track of your efforts with the dealer and the manufacturer including the date, time, file number and the name and position of any people you speak with. This will help you show that you made a genuine effort to resolve your dispute with the manufacturer so that you are entitled to an application package.
What if the manufacturer and I disagree on what is a reasonable amount of time and opportunity?If you disagree with the manufacturer about what is a reasonable amount of time and opportunity to resolve the dispute, you can explain this to the Provincial Administrator when you apply to CAMVAP. If the matter cannot be resolved at that level, an arbitrator will have to decide the question.
What is a Provincial Administrator and how do I reach one?CAMVAP uses different independent organizations to deliver the plan within Canada. These are called Provincial Administrators. If you believe your claim is eligible for CAMVAP, contact your local Provincial Administrator at 1-800-207-0685 or visit www.camvap.ca.
What happens when I first call the Provincial Administrator?Before you receive an application package, the Provincial Administrator will screen your claim to make sure it meets the plan's basic criteria. If your claim falls outside the criteria, the Provincial Administrator will explain why.
At the screening stage, you will be asked questions like:
What does the Provincial Administrator do with the information I provide?When your claim meets the plan's basic criteria, the Provincial Administrator records your answers on a form called a Qualification Worksheet which is then sent to the manufacturer. The manufacturer has 3 business days to indicate whether it agrees that your claim meets the plan's criteria. If it does not agree, it must provide reasons to the Provincial Administrator. For example, the manufacturer may say that:
If the Provincial Administrator still finds that your claim meets the plan's basic criteria you will receive an application package to let you start the process. On the other hand, if the Provincial Administrator is of the opinion that you do not meet those requirements, you will be advised and will receive a written explanation.
The most frequent reasons for not qualifying are high levels of business use or failing to follow the manufacturer's dispute resolution process. Once you follow the manufacturer's dispute resolution process, your claim may become eligible and you may contact CAMVAP again.
What happens if the manufacturer offers to settle my dispute at the screening stage?At the screening stage the manufacturer may contact you directly to discuss possible solutions or settlement. Consider the pros and cons of the manufacturer's offer carefully because if you settle your claim you will not be eligible for CAMVAP.
What does the application package contain?The application package will include:
Read the forms and documents carefully. Call the Provincial Administrator or speak with your lawyer if you need clarification.
PART III - COMPLETING YOUR CLAIM FORM When I complete my Claim Form, should I include documents?Yes. You should attach any and all documents that you will be using to prove your claim. Take the time to put them in order and avoid unnecessary duplication. The Claim Form is the arbitrator's first introduction to your case, so it is in your interest to make it clear, orderly and helpful.
Do not send original documents. You should send clear, legible copies and bring the original documents with you to the hearing.
What else should I do to complete the Claim Form?Fill in the Claim Form thoroughly and accurately. Type, write or print clearly and legibly.
Work through the sections of the Claim Form one at a time, answering all of the questions fully. Make sure you have covered all aspects of your case including the defects that you allege or the problem you have with the new vehicle warranty. Add (and number) additional pages if the form does not give you enough room.
Review your completed Claim Form for completeness and accuracy. Check to make sure that you have attached or enclosed legible copies of all relevant documents. Then sign and date the Claim Form where indicated on the second page. Return the completed Claim Form and your documents to the Provincial Administrator who sent you the application package.
How soon do I have to return my completed Claim Form?You have 60 days to return the Claim Form from the date the Provincial Administrator gives or sends it to you. If you do not do so within this time, your claim will not be processed and you will have to reapply if you want to use the plan. You may re-apply as long as you still meet the plan's criteria.
Why does the Claim Form ask for the odometer reading?The odometer reading of your vehicle is an important base line. If you ask for a buy back, it is used to determine the buy back price and whether a reduction for use will apply. The arbitrator will confirm the odometer reading on the date of the hearing.
Why does the Claim Form ask if the vehicle is leased?If the vehicle is leased, the lessor must sign the Claim Form. The Provincial Administrator can help you with this.
In addition, if you ask for a buy back Award, the buy back amount for a leased vehicle is calculated with a specific formula. The arbitrator will need to know which formula to use. When your vehicle is leased, you must keep your lease payments up to date throughout the arbitration, regardless of the condition of your vehicle. If your lease payments are in arrears, the buy back amount will be reduced by the amount of the arrears.
Why does the Claim Form ask if there is any debt outstanding on my vehicle?If you ask for a buy back Award, the buy back amount for an owned vehicle is calculated with a specific formula. The arbitrator will need to know which formula to use. When your vehicle is financed, you must keep your financing payments up to date throughout the arbitration, regardless of the condition of your vehicle. Should you ask for and receive a buy back Award, you will have to deliver the vehicle to the manufacturer free and clear of all liens and the manufacturer may need to make all or a portion of the buy back amount payable to the lien holder.
How much detail should I put in the section called "Problem Identification"?When the arbitrator and the manufacturer read the Problem Identification section of your Claim Form, they should be able to understand the essence of your dispute with the manufacturer. You must clearly identify the problem(s) with your vehicle and what it is that you want the arbitrator to decide. What do you allege as the defect in vehicle assembly or materials specific to your vehicle? Or what is your concern about how the manufacturer is applying or administering its new vehicle warranty?
Take your time with this part of the Claim Form because at the hearing the arbitrator can only consider the problems you identify here and no others.
It is up to you to decide how to explain the problem with your vehicle, but you should include all relevant facts and take as much space as you need. It might be helpful to prepare a list of events in the order that they took place. When did the problem with your vehicle first begin? How was the problem diagnosed and repaired? With what results? What did you do next? When and how did you come to the conclusion that there was a defect in vehicle assembly or materials?
What if new problems develop after I complete the Claim Form? Can I add them later?The arbitrator can only consider the problems that you originally identified on your Claim Form. New problems can only be added if the manufacturer consents.
What should I check off in the section called "Remedy Requested"?A remedy is one of the specific things that a CAMVAP arbitrator can order under the plan. The arbitrator is limited to these remedies and cannot invent others.
When you complete the Remedy Requested section, you should check off all of the remedies that you intend to ask for. You should also include copies of all supporting documents for each remedy that you pick. The Claim Form suggests what these documents might be but do not hesitate to add others that prove you are entitled to a remedy.
If I spent money on diagnostic testing for the problem with my vehicle, can I claim that too?Yes. You should check off the box called "Refund of Documented Expenses", indicate the amount involved and include copies of receipts for the cost of the diagnostic testing.
Before I check off the buy back remedy, what do I need to know?The buy back remedy is only available if your vehicle has travelled less than 60,000 kilometers and has been in service for no more than 36 months at the time of the hearing.
Before you check off the buy back remedy it is strongly recommended that you calculate the expected buy back amount, using the forms at the back of this guide or the on-line calculator at www.camvap.ca. The arbitrator will establish the final value of the buy back with you and the manufacturer using the odometer reading at the date of the hearing but your private calculations will let you know what to expect.
Consider the buy back amount carefully against your other options. You are the best person to decide if this is the remedy for you. A buy back may not be the best outcome if you are not financially ready to replace the vehicle.
For the purposes of a buy back does it matter whether my vehicle is owned or leased?Yes. There are important differences in the amount and structure of a buy back for an owned or leased vehicle.
Owned Vehicle |
Leased Vehicle |
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What Happens? |
In exchange for the buy back amount you transfer ownership to the manufacturer within 21 days of receiving the arbitrator's order. |
The manufacturer takes over your lease and you are no longer responsible for it from the date the vehicle is returned to the manufacturer. |
What Is Included In The Buyback Amount? |
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What Is Excluded From The Buyback Amount? |
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What Might Change The Buy Back Amount? |
You will receive more money if the arbitrator applies a lower reduction for use. This is possible only if your vehicle:
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You will receive less money (and possibly owe money to the manufacturer) if you:
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Is tax paid on the buy back amount?GST or HST is calculated on the buy back price, but provincial or territorial sales tax is not. It is up to you to independently apply for a sales tax refund if one is available in your province or territory.
If I ask for a buy back in my Claim Form, can the arbitrator order repairs instead?The arbitrator can decide to order repairs instead of a buy back if the arbitrator is convinced that repairs are practical and available.
When repairs are ordered, the arbitrator remains responsible for the case for 90 days from the date they are completed. Within that time frame you can ask the arbitrator to reconsider the repair order if the repairs are not effective. After 90 days, however, the arbitration is at an end and the arbitrator lacks authority to do more.
What if I want to change my request from repairs to a buy back at the hearing?If you ask for repairs on your Claim Form but later want to ask for a buy back, the arbitrator can allow this change as long as the manufacturer has enough notice and/or opportunity to respond to your changed request.
How do I complete the Claim Form if I do not yet know the name of witnesses or who will assist me at the hearing?If you do not know the name of your witnesses, legal counsel or the person who will assist you at the hearing when you complete the Claim Form, you can provide this to the Provincial Administrator at a later date but you must do so at least 10 calendar days before the hearing. If you do not provide this information in time the Arbitrator may not allow you to use it.
What happens when the Provincial Administrator receives my Claim Form and documents?The Provincial Administrator will review your application and documents for completeness. Assuming that everything is in order and that you still qualify for CAMVAP, the Provincial Administrator will forward a copy of your Claim Form and documents to the manufacturer so that it knows what you are claiming and why.
Do I get to learn the manufacturer's response to my claim?Yes. Like the manufacturer, you have to know what to expect at the hearing. Within 10 business days of receiving your claim the manufacturer must file a written response in addition to any documents it will use to prove its defence to your claim. The Provincial Administrator will send you a copy of the manufacturer's response and documents.
How soon will my hearing be set up after I return my Claim Form?Assuming that your claim form is complete, the Provincial Administrator will set up your hearing within 50 days of receiving your completed application. The hearing will be as close to your home as possible.
How do I prepare for my CAMVAP hearing?Please see the companion guide called "Getting Ready for CAMVAP" which contains details of how to prepare for a CAMVAP hearing.
PART IV - CAMVAP FORMS Buy Back Calculation - Owned Vehicle
Buy Back Calculation - Leased Vehicle
Participating Manufacturers| Chrysler Canada Inc. | 1-800-465-2001 1-800-387-9983 (Québec) |
| Ford Motor Company of Canada, Limited | 1-800-565-3673 |
| General Motors of Canada Limited | 1-800-263-3777 (English) 1-800-263-7854 (French) 1-800-263-3830 (TTY) |
| Honda Canada Inc. | 1-888-946-6329 (Honda) 1-888-922-8729 (Acura) |
| Hyundai Auto Canada Corp. | 1-800-461-8242 1-800-461-5695 (Québec) |
| Jaguar Land Rover Canada ULC | 1-800-668-6257 (Jaguar) 1-800-346-3493 (Land Rover) |
| KIA Canada Inc. | 1-877-542-2886 |
| Mazda Canada Inc. | 1-800-263-4680 |
| Mercedes-Benz Canada Inc. | 1-800-387-0100 |
| Nissan Canada Inc. | 1-800-387-0122 (Nissan) 1-800-361-4792 (Infiniti) |
| Porsche Cars North America Inc. | 1-800-767-7243 |
| Subaru Canada Inc. | 1-800-894-4212 |
| Toyota Canada Inc. | 1-888-869-6828 (Toyota) 1-800-265-3987 (Lexus) |
| Volkswagen Group Canada Inc. | 1-800-822-8987 (Volkswagen) 1-800-822-2834 (Audi) |
| Volvo Cars of Canada Corp. | 1-800-663-8255 |
Cette publication est également disponible en français.
Revised January 2010
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