• URGENT: Vehicle Transport Charges

    Date Posted: May 10, 2019

    The MDA and AMVIC had received conflicting information regarding the vehicle transport charges.

    The clarification received from Service Alberta is that the vehicle transport charges are required for out of the ordinary instances such as charges incurred for dealer transfers or shipping costs incurred when acquiring used or non-stock vehicles for consumers.

    Freight charges on new vehicle invoices DO NOT need to be broken out from selling price.

     

  • Zero-Emission vehicles

    Date Posted: April 29, 2019

    Transport Canada would like to thank you in advance for your interest in participating in the Incentives for Zero-Emission Vehicles (iZEV) Program. This program supports clean transportation by targeting the adoption of affordable Zero-Emission Vehicles (ZEVs) by middle-class Canadians through the use of purchase incentives. As such, the iZEV program will provide financial incentives for Canadians who buy or lease (12 months or more) eligible zero-emission vehicles starting on May 1, 2019.

    In order to help prepare you to start providing incentives on eligible zero-emission vehicles on May 1, 2019, Transport Canada will be holding regular webinars to help guide you through this process. Additional resources and tools will also be provided to you by email as reference material and will also be available shortly on Transport Canada’s website.

    Info will be posted on the iZEV website.

     

     

  • Consumer Bill of Rights

    Date Posted: March 19, 2019

    The Alberta Government recently released a consumer Bill of Rights. Please share with all your dealership personnel so they are aware and compliant to the sections affecting Alberta’s automotive industry.

     

    The Consumer Bill of Rights highlights the consumer rights found in the Consumer Protection Act and its regulations. Under the Act:

    1. You have the right to be informed

    You have the right to:
    • Only be charged for goods or services you requested and agreed to pay for.
    • Honest advice whether a part, replacement or repair is needed.
    • Be informed of the full cost of credit when entering into a credit agreement.
    • Not be charged more than 10 percent, to a maximum of $100, of an estimate.

    1. You have the right to fair treatment

    You have the right to be free from:
    • High pressure sales tactics.
    • Being lied to or misled about a good or service.
    • Being taken advantage of when you cannot understand a transaction.
    • Being grossly overcharged.
    • Having a payment taken from you when the business does not intend to provide the good or service.
    • Being told that a good or service will be provided within a certain timeframe when the supplier knows they cannot deliver.

    1. You have the right to take action when treated unfairly

    You have the right to:
    • Cancel a contract without penalty within one year if a business is found to have used an unfair practice.
    • Resolve a dispute through the courts and you cannot be forced into arbitration.
    • Make a complaint to Service Alberta.
    • Cancel an internet purchase or contract over $50 within seven days if a business fails to properly disclose the total amount owed or if the goods are not delivered within 30 days of the delivery date.

    1. You have the right to protect your interests

    You have the right to:
    • The full protections of the Consumer Protection Act. You cannot waive or release your rights, benefits, or protections under the Act.
    • Share information about your transaction in the form of a business review.
    • Refuse to pay for goods and services you did not request.
    • Cancel a door-to-door, pre-paid contracting, or timeshare sales contract within 10 days.

  • Changes to Youth Employment Laws

    Date Posted: December 11, 2018

     

    December 10, 2018

    Minimum age for employment in Alberta is going up

    The minimum age for employment in Alberta is increasing to 13 effective January 1, 2019. This will help ensure youth are protected and align the province more closely with international standards.

    Youth aged 12 and under may only be employed in artistic endeavours, such as acting in a television program or performing on stage, and only with a permit.

    The new rules don’t apply to volunteers, contractors, youth employed on farms and ranches, or to casual work such as babysitting or snow shovelling.

    If you took the opportunity to participate in the consultations regarding Alberta’s youth employment rules, we thank you for your input.
    Visit the Employment Standards website for full details

    Registration is still open for free online webinars – save your space today! Topics covered include holiday pay and averaging agreements.

    The Government of Alberta is continuing its popular online webinars about Employment Standards. Learn about minimum rules for hours of work and pay, general holidays or how to set up the new averaging agreements.

    For additional details on what's covered visit the webinar page or sign up for a webinar at the registration page.

    For more information
    Please visit the Employment Standards website for more information on the employment standards changes.

    Employer tool kits, brochures or worksite posters are available here.

    Order your hard copy material by submitting an online form or calling the Employment Standards Contact Centre at 780-427-3731 or toll-free at 1-877-427-3731.

  • Mud Flaps, Window Tint, HID Lamps – What is the Law in Alberta?

    Date Posted: December 6, 2018

    Over the past few weeks the MDA office has been receiving complaints from consumers who have been ticketed by police agencies for failing to meet Alberta vehicle requirements of Mud Flaps on vehicles, the use of Window Tint and aftermarket High Intensity Discharge (HID) Lamps. Included with this dealer alert is the respective sections of Alberta’s Vehicle Equipment Regulation explaining the laws.

    In February 2015, we distributed a bulletin to all MDA member dealerships. Due to these recent complaints we are resending the bulletin.

    It is recommended that this bulletin be posted in sales, service & F&I offices. Click here to view.

  • MDA Health & Safety Tool Kit

    Date Posted: October 23, 2018

    The MDA Health & Safety Took Kit for Alberta Auto & Truck dealerships is now available on PDF.
    As you go through the updates, there are parts that will need to be personalized for your dealership.

    We would like to thank and acknowledge Safe2day for their efforts.

    Click here for tool kit.

  • MDA-6 Bill of Sale – How to Order

    Date Posted: October 18, 2018

    The MDA has created a new Bill of Sale (MDA-6 replacing the last version of MDA-5).

    The MDA-6 Bill of Sale has been reviewed by Service Alberta and AMVIC. As of October 1, 2018 AMVIC has endorsed and approved the MDA-6 Bill of Sale.
    The MDA-6 Bill of Sale can be purchased in printed or PDF format. $399 + GST for new dealer orders.

    The MDA board has agreed to provide the latest MDA-6 Bill of Sale in PDF form at no charge to all dealers who have previously purchased the MDA-5 Bill of Sales dating back to February 2014. Only a transfer fee of $ 27.50 for dealer information is applicable for previous customer orders.

    When ordering either the printed or PDF format, you will be required to sign off on the MDA Forms Access and User Agreement before you can order the MDA-6 Bill of Sale.
    This Bill of Sale has been copyrighted.

    If you are not using the MDA-6 Bill of Sale on October 31, 2018, you will be subject to AMVIC fines for non-compliance of the new Alberta Automobile Business Regulations. Order ASAP as all dealerships will require this Bill of Sale prior to October 31st and Burke could be backlogged in filling order requests.

    Please click here to register for access to the new MDA-6 Bill of Sale.

    Enter email address and click “I am a new user” Enter account details & submit.

    You should receive an email with the subject:
    "MDA Forms Access and Use Agreement via Burke Group MAX".

    Please fill out the form and email/fax it back to the MDA to gain access to the online ordering site. Email: info@mdaalberta.com or Fax: 780 465-6201

    Once the MDA has received your signed form, you will receive an e-mail stating that your account has been activated and you may log into the ordering portal to place your order.

    If you have any questions regarding your account, please call Donna Freake @ 780.733.9775 or Email: donna.freake@burkegroup.ca

  • IMPORTANT – Automotive Business Regulation Regarding Bill of Sale

    Date Posted: October 9, 2018

    Alberta’s NDP Government through the Minister of Service Alberta has made changes to the Alberta Consumer Protection Act (formerly the Alberta Fair Trading Act).

    Changes to the Automotive Business Regulation requires automotive businesses selling vehicles to implement several changes to their Bill of Sale.

    Item 1 - Bill of Sale

    31.2(1) A business operator engaged in automotive sales must use a bill of sale that includes the following;

    a) the name and address of the consumer;

    b) the number of the government issued identification that the business operator uses to confirm the identity of the consumer;
       ***MDA Comment: Previous Bill of Sale only asked for driver’s license number.
    Now it will read - Driver’s License # / Gov’t Issued I.D. #

    c) the name, business address and license number of the business operator;
       ***MDA Comment: Business Operator will show GST # and a new space for AMVIC Business License.

    d) if a salesperson is acting on behalf of the business operator, the name and registration number of the salesperson
       ***MDA Comment: Salesperson AMVIC license # is now required.

    e) the make, model and model year of the vehicle;

    f) the color and body type of the vehicle;

    g) the vehicle identification number of the vehicle;
       ***MDA Comment: Vehicle serial number now changed to vehicle identification number.

    h) the date that the bill of sale is entered into;

    i) the date that the vehicle is to be delivered to consumer;

    j) an itemized list of all applicable fees and charges the consumer is to pay, including without limitation:
    i) Charges for transportation of the vehicle;
       ***MDA Comment: Dealer will have to deduct transportation charges from selling price.
    On new vehicles, transportation charges on dealer factory invoice / window sticker. If transportation charges apply on used vehicle sales, it must be disclosed.

    ii) fees for inspections;
       ***MDA Comment: Inspection fees (out of province / MFA or other inspection fees included in selling price must be shown as a new line item.
    iii) fees for licensing;
    iv) charges for warranties;
    v) taxes or levies, including GST;

    k) the timing for payment by the customer of the fees and charges under clause (j);

    l) an itemized list of the costs of all extra equipment and options sold to the consumer in connection with the vehicle or installed on the vehicle at the time of sale;
       ***MDA Comment: Copy of window sticker on new vehicles is sufficient - Extra equipment and options sold to consumer must be added to bill of sale with cost identified.

    m) the total cost of the vehicle, which must include the fees, charges and costs listed under the clauses (j) and (l);

    n) the down payment or deposit paid by the consumer, if any, and the balance remaining to be paid;

    o) if the consumer is trading in another vehicle to the business operator in connection with the purchase of the vehicle,
    i) information about the vehicle being traded in, and
    ii) the value of the trade-in allowance incorporated into the cost of purchase of the vehicle

    p) the balance of any outstanding loan that is incorporated into the cost of purchase of the vehicle;

    q) if, in connection with the purchase of the vehicle, the business operator enters into a credit agreement with the consumer or arranges a credit agreement for the consumer, the disclosure statement required under Part 9 of the Act;
       ***MDA Comment: A new box has been added to bill of sale where consumer who has entered into a credit agreement will initial receipt of financial papers.

    r) an itemized list of any items or inducements the business operator agrees to provide with the vehicle at no extra charge;
       ***MDA Comment: Any inducements must be shown on bill of sale.

    s) the odometer reading of the vehicle at the time the bill of sale is entered into, if the vehicle has an odometer and the odometer reading is available to the business operator;

    t) the maximum odometer reading of the vehicle at the time of delivery to the consumer if the vehicle has an odometer and
    i) the odometer reading is not available to the business operator at the time the bill of sale is entered into, or
    ii) the vehicle is a new, specially identified vehicle;
       ***MDA Comment: Odometer reading box on bill of sale will now read - odometer reading or max. reading at delivery. If vehicle is not delivered to customer on date of start of bill of sale due to other work or services to be done on vehicle, you must post maximum odometer reading at time of delivery to consumer.

    u) any mechanical fitness assessment that has been issued under the Vehicle Inspection Regulation (AR 211/2006);
       ***MDA Comment: A box requiring consumer initials indicating consumer has received and reviewed a copy of MFA.

    v) any disclosure statement or documentation respecting a vehicles previous use, history or condition, including disclosure statements or documentation required under the laws of another jurisdiction;
       ***MDA Comment: Use of Vehicle History Disclosure Checklist is recommended for your protection.

    w) a declaration that the business operator has disclosed to the consumer the information required under section 31.1;
       ***MDA Comment: In the box where sales manager / dealer signs off on bill of sale approving the sale, a new disclosure has been added. “To the best of my knowledge, I declare that all vehicle history information as per Government legislation has been declared to the consumer.”

    Receipt of Information

    331.3 A business operator engaged in automotive sales must not enter into a bill of sale with a consumer unless the business operator has obtained written confirmation from the consumer that the consumer has received the information required under section 31.1
       ***MDA Comment: Another regulation stating that vehicle history information has been shared with consumer.

       ***The vehicle history information must be shared prior to entering into a bill of sale. Box for consumer to initial this on bill of sale and on vehicle history information checklist.

       ***A previous box on bill of sale required consumer initial’s that a CARFAX report has been provided to consumer and that consumer understood the report. As the CARFAX report does not contain all of the required vehicle history information, AMVIC has requested that we change that box on bill of sale to read - “As a purchaser of a used vehicle, I have received the vehicle history information.” The MDA urges you to continue providing consumers with CARFAX Report for your own protection. The MDA drafted vehicle history information checklist includes consumer box they initial showing receipt of CARFAX Report.

    Deposit Agreement

    31.4 If the Council sets the form and content of deposit agreement, a business operator engaged in automotive sales shall use that deposit agreement.
       ***MDA Comment: AMVIC has confirmed to MDA that they will have a deposit agreement form in place prior to October 31, 2018. Dealers will have to use the AMVIC Deposit Form - IT IS THE LAW, and also show deposit, partial payment or payment on the bill of sale.

    Liens

    31.5 If a business operator engaged in automotive sales knows that a vehicle is subject to a lien, the business operator must, within 7 days of the date that the business operator sells the vehicle, pay the amount owing under the lien to the lienholder.
    ***MDA Comment: This lien section is improperly written and Service Alberta has been notified of the error. The intent of the law was a business operator was to pay off the lien on traded in vehicle within 7 days of receipt of trade in vehicle.

    The MDA has created a new Bill of Sale (MDA-6 replacing the last version of MDA-5).

    The MDA-6 Bill of Sale has been reviewed by Service Alberta and AMVIC.
    As of October 1, 2018 AMVIC has endorsed and approved the MDA-6 Bill of Sale.

    The MDA-6 Bill of Sale can be purchased in printed or PDF format.

    $399 + GST for new dealer orders

    The MDA board has agreed to provide the latest MDA-6 Bill of Sale in PDF form at no charge to all dealers who have previously purchased the MDA-5 Bill of Sales dating back to February 2014. Only a transfer fee of $ 27.50 for dealer information is applicable for previous customer orders.

    When ordering either the printed or PDF format, you will be required to sign off on the MDA Forms Access and User Agreement before you can order the MDA-6 Bill of Sale.
    This Bill of Sale has been copyrighted.

    If you are not using the MDA-6 Bill of Sale on October 31, 2018, you will be subject to AMVIC fines for non-compliance of the new Alberta Automobile Business Regulations.

    Order ASAP as all dealerships will require this Bill of Sale prior to October 31st and Burke could be backlogged in filling order requests.

    Please click here to register for access to the new MDA-6 Bill of Sale.

     

  • IMPORTANT: Changes to Alberta Consumer Protection Act

    Date Posted: September 26, 2018

    Alberta’s NDP Government, through the Minister of Service Alberta made changes to the Alberta Consumer Protection Act (formerly Fair Trading Act) that will come into effect on October 31, 2018.

    Changes to the Automotive Business Regulations affects how each dealership will sell or repair vehicles. These new disclosures are in addition to previous disclosure requirements.

    Item 1) Vehicle History Information

    This is a new section added to the regulations.
    Section 31.1(1) A business operator engaged in automotive sales must disclose the following information in accordance with subsection (2), on the basis of information the business operator knew or ought to have known:

    a) whether the vehicle has been brought back by the manufacturer under the Canadian Motor Vehicle Arbitration Plan;
    b) whether the vehicle has sustained damage caused by fire;
    c) whether the vehicle has sustained damage caused by immersion in liquid to at least the level of the interior floor boards;
    d) whether the vehicle has been used as a police car or an emergency vehicle;
    e) whether the vehicle has been used as a taxi cab or limousine;
    f) whether the vehicle has been previously owned by a rental vehicle business or used as a rental vehicle on a daily or other short term basis;
    g) whether the vehicle has, at any time, been assigned a status in one of the following categories under the Vehicle Inspection Regulation (AR211/2006) or an equivalent status under the laws of another jurisdiction;
    (i) salvage motor vehicle
    (ii) non-repairable motor vehicle
    (iii) unsafe motor vehicle
    h) whether the vehicle has been damaged in an incident or collision where the total cost of repairs fixing the damage exceeded $3000 and, if the repairs were carried out by the business operator, the total costs of repairs;
    i) whether the vehicle was registered in any jurisdiction other than Alberta immediately before it was acquired by the business operator and, if so,
    (i) the name of the jurisdiction in which the vehicle was previously registered,
    (ii) whether the vehicle was required to be inspected prior to registration in Alberta, and
    (iii) whether the vehicle passed or failed any required inspections.

    *** These new nine (9) categories of vehicle history disclosure must to the best of your knowledge be disclosed to all customers prior to entering into a bill of sale. If you enter a bill of sale and disclose the vehicle history information at that time, you will be guilty of improper vehicle disclosure.

    31.1(2) The business operator must disclose the information required under subsection(1) in a clear and legible manner;
    (a) in any online advertisement for the vehicle;
    (b) on any sales tag affixed to the vehicle, and;
    (c) in writing to the consumer before purchase

    *** The nine (9) items of required vehicle history disclosure must be shown on all ads about the vehicle - including your website, newspaper ads, Trader ads, etc.

    1) In discussions with AMVIC it was suggested that dealers create and use a Vehicle History Disclosure checklist that be used at the time your sales team discuss the vehicle with the consumer. Today, September 25th, AMVIC sent out an email to all AMVIC businesses and have included several checklists for dealer use. Please review it and print off the checklists and use in your sales process.

    2) Calls from a couple financial institutions regarding the new vehicle history disclosure requirements have them very worried on dealer compliance. They suggested that a checklist may be mandatory for the approval of the financial contracts.

    3) On the MDA Chairman’s Tour last week it was suggested that dealers could implement a Vehicle History Disclosure document for consumers who are trading in a vehicle at time of appraisal.

    Item 2) Changes to Vehicle Repairs Automotive Business Regulations

    Estimate

    31.6(1) A business operator engaged in automotive repairs must, on request from the consumer, provide an estimate for the installation of parts or equipment in or on a vehicle or the repair or service of a vehicle.
    (2) An estimate under subsection (1) must be in writing and, subject to subsection (3) must contain the following information:
    a) a description of the proposed work;
    b) the estimated total cost of the proposed work, including labour and parts or equipment.
    (3) If the information in subsection (2) cannot be provided because diagnostic work is required, the estimate must state the estimated maximum cost of the diagnostic work.

    Authorization of Work

    31.7(1) A business operator engaged in automotive repairs must not install parts or equipment in or on a vehicle or repair or service a vehicle unless the consumer has provided authorization.
    (2) An authorization under subsection (1) must be provided in writing, subject to section 31.8.
    (3) An authorization must contain the following information;
    a) the name of the consumer, or the consumer’s agent, giving authorization;
    b) the date of authorization;
    c) a description of the work that the consumer, or the consumer’s agent, authorizes to be carried out;
    d) the estimated total cost of the work described in clause (c) and confirmation that the consumer, or the consumer’s agent, authorizes that cost.

    Authorization Not In Writing

    31.8 An authorization of work may be in a form other than in writing if the business operator records the following information in writing;
    a) the information required under section 31.7(3);
    b) the time at which authorization is given;
    c) the method by which authorization is given;

    These are the Automotive Business Regulation changes which come into effect on October 31, 2018 in the areas of Vehicle History Information and Vehicle Repairs.

    A separate email will be sent regarding the required changes to the Bill of Sale once AMVIC has reviewed and approved. You can expect it very soon.

    ***Click here for the PDF form of the Alberta Automotive Business Regulation effective June 28, 2018. The changes in this email blast are not included in this regulation until a new is released after October 31, 2018. However, all the regulations in this PDF copy remain as law.

     

  • New Safety Legislation – Are You Compliant?

    Date Posted: August 13, 2018

    Are you aware that on June 1, 2018 new legislation came into effect that required all companies with more than 20 employees on site to have a formal safety program? Learn more:

    Click here to visit the Alberta Government site
    Click here to read the Bennett Jones Article

    There’s a lot that goes into the basic program, 11 specific elements in fact. From policies to procedures and hazard assessments to training and documentation.

    We know that building a safety program from scratch can be costly and confusing, we’ve done it several times!

    We’ve Partnered with the Motor Dealers’ Association to provide a Solution for Auto Dealers!

    We have designed a leading-edge Safety Management System that will you to comply with the required elements of the new legislation without large impacts to your existing business:

    • Focused, effective programs that identify and manage liability
    Quick implementation (basic program can be implemented in under 30 days per location)
    Online forms and documentation
    • Managed administration, we monitor documentation and make recommendations to keep you on track
    • Online training, no costly work interruptions
    Easy to use; our program runs on a one-page custom dashboard (see below)
    • Real time support: online/phone/in person – whatever works best for you
    • Our basic program starts at $200/month; we leverage technology to save you $$

    Our system is working for over 50 dealerships in Alberta, call today to see how we can help.

    Want to learn more, or set up a demo?

    Contact Ryan Hurlbut at 780.216.1785 or ryan@safe2day.ca or visit www.safe2day.ca

  • Bill 30 WCB Changes Webinar

    Date Posted: August 13, 2018

    The Alberta WCB has developed a webinar describing the changes affecting WCB.

    Bill 30 (An Act to Protect the Health and Well-Being of Working Albertans) took effect on June 1, 2018 and affects your dealership operations.

    Please watch the webinar to get up to date on WCB changes.

    https://www.wcb.ab.ca/resources/for-employers/seminars-and-workshops/

  • Congratulations to Gerry Wood C.M. on his Appointment as a Member of the Order of Canada

    Date Posted: July 3, 2018

    Created in 1967, the Order of Canada, one of our country’s highest civilian honours, recognizes outstanding achievement, dedication to the community and service to the nation. Close to 7 000 people from all sectors of society have been invested into the Order. Their contributions are varied, yet they have all enriched the lives of others and have taken to heart the motto of the Order: DESIDERANTES MELIOREM PATRIAM (“They desire a better country”). Appointments are made by the governor general on the recommendation of the Advisory Council for the Order of Canada.

    On behalf of the MDA and our dealer members, we would like to congratulate Gerry Wood on his appointment as a Member of the Order of Canada.

    Youtube
    Website
    Government News Release

  • MDA Harassment, Discrimination & Violence Policy

    Date Posted: June 21, 2018

    Due to the recent legislation changes to the OH&S Act, the MDA has asked a labour lawyer to draft policies on Harassment, Discrimination and Workplace Violence for our members. Below are the policies which you can personalize for your dealership.

    The MDA is presently working with OH&S to update the Health and Safety Tool Kit for Alberta Auto and Truck Dealers.

    The policy team at OH&S is currently reviewing the tool kit as to what changes are required and a revised took kit is expected later this summer. As soon as the Tool Kit has been published, we will forward a PDF version to all members.


    Purpose:
    [Name of Dealer] (the “Dealership”) is committed to a safe, healthy, respectful, rewarding, and Harassment-free work environment for all employees. In pursuit of this goal, we do not condone and will not tolerate acts of Harassment or Workplace Violence by or against any of our employees. This Policy is intended to communicate the Dealership’s expectations, to prevent all forms of Harassment, Sexual Harassment, Discrimination, and Workplace Violence of any type, and to quickly and effectively deal with any incidents that might occur.

    It is not the purpose of this Policy to prevent normal workplace interaction.

    Position of the Dealership:
    Any act of Harassment (which includes Sexual Harassment), Discrimination, or Workplace Violence committed by or against an employee is unacceptable and will not be tolerated. The Dealership is committed to taking every reasonable precaution to ensure that employees are not subjected to Harassment, Discrimination, or Workplace Violence. Offensive, degrading, or threatening actions will not be tolerated.

    An employee who subjects another individual to Harassment, Discrimination, or Workplace Violence will be subject to disciplinary action, up to and including termination. All employees are responsible for reporting Workplace Violence, Harassment, and/or Discrimination.

    Consultants and contractors retained by the Dealership must conduct themselves in accordance with this Policy in their activities related to the Dealership. Failure to do so may result in termination of the contractual relationship.

    Application of this Policy:
    This Policy applies to all individuals working for or providing services to the Dealership, including full-time employees, part-time employees, and temporary employees (which includes supervisors, managers, and officers), as well as directors, agents, consultants, and contractors. Where applicable, this Policy also relates to customers, suppliers, and other third parties who interact with employees of the Dealership.

    While this Policy is primarily directed at behaviour in the workplace, violations of this Policy can also occur away from the workplace.

    Definitions:
    In this Policy, the following definitions apply:

    Discrimination is any distinction based upon one of the Protected Grounds, which negatively impacts an employee who is a member of the protected group (whether by imposing burdens, obligations, or disadvantages not imposed upon others or withholding opportunities, benefits, or advantages available to others). Discrimination will be interpreted in a manner consistent with any defences available under the law.

    Discrimination does not include actions occasioned through exercising the Dealership’s managerial / supervisory rights and responsibilities in good faith (e.g., proper performance management).

    Harassment is any unwanted, unsolicited, offensive behaviour, comments, or displays explicitly or implicitly directed at any employee, customer, or supplier of the Dealership that is reasonably likely to cause offence or humiliation to any employee, customer, or supplier, or interfere with any employee’s performance.

    Harassment includes Sexual Harassment, which is defined below.

    Behaviour that constitutes Harassment includes, but is not limited to, verbal outbursts or abuse, sarcastic or derogatory comments, action that undermines, demeans, belittles, or humiliates an individual or group, yelling, screaming, or other behaviour aimed at intimidating, coercing, threatening, bullying, or offending those at whom it is directed.

    Harassment can be a single incident or repeated actions. It can occur between people of differing authority or between people of similar authority.

    Harassment may be, but need not be, based on one or more of the Protected Grounds (defined below).

    For the purposes of this Policy, retaliation against an individual for having invoked this Policy (whether on behalf of one’s self or an individual), for having participated or cooperated in an investigation under this Policy, or for having been associated with a person who has invoked this Policy or participated in these procedures, will be treated as Harassment.

    Harassment does not include actions occasioned through exercising the Dealership’s managerial / supervisory rights and responsibilities in good faith (e.g., proper performance management).

    Protected Grounds include race, religious beliefs, colour, gender, gender identity, gender expression, physical or mental disability, age, ancestry, place of origin, marital status, family status, and any other prohibited ground covered by the Alberta Human Rights Act.

    Sexual Harassment in the workplace is defined as any single or repeated verbal remark or physical contact of a sexual nature that is objectionable or unwelcome and that a person knows or reasonably ought to know will cause offence or humiliation to an employee or adversely affect the employee’s health and safety. It includes unwanted sexual advances, requests for sexual favours, or placing a condition of a sexual nature on employment which threatens job security, affects work opportunities, or negatively impacts on the working conditions or employment atmosphere in which any employee works.

    Sexual Harassment can occur between people of differing authority or between people of similar authority. It can be directed at an individual or at a group.

    Sexual Harassment also includes inappropriate sexual conduct involving an employee and a customer or supplier of the Dealership.

    Sexual harassment does not include consensual relationships.

    Workplace Violence is the exercise of physical force, an attempt to exercise physical force, or a threat to exercise physical force against an employee or other individual in a workplace that causes, or could cause, physical injury to the employee or other individual. Examples of Workplace Violence include, but are not limited to: threatening behaviour such as shaking fists, destroying property, or throwing objects; verbal or written threats that express an intent to inflict harm; physical attacks; and any other act that would create fear in a reasonable person in the circumstance.

    Examples:
    Examples of behaviour that is prohibited Harassment / Sexual Harassment, Discrimination, or Workplace Violence include, but are not limited to:

    • A statement causing embarrassment or offence told or carried out after the speaker has been advised that they are embarrassing or offensive, or are by their nature clearly embarrassing or offensive
      • Display of offensive, pornographic, or other sexually explicit or offensive material in the form of pictures, email, electronic communications, graffiti, cartoons, or sayings
      • Degrading or derogatory remarks and words used to describe a person
      • Suggestive remarks, sexual jokes, or obscene comments or gestures
      • Unwelcome inquiries or comments about a person’s personal life
      • Leering, whistling, or making sexually offensive gestures
      • Persistent unwanted contact or attention
      • Unwelcome flirtations, invitations, advances, or propositions
      • Repeated invitations after previous requests have been refused
      • Any advances, invitations, or propositions of sexual nature which might, on reasonable grounds, be perceived as placing a condition on a person’s future employment, assignments, or opportunity for promotion or training
      • Verbal abuse or threats
      • Unwanted physical contact
      • Sexual assault
      • Refusing to work with people because of Protected Grounds
      • Creating a hostile work environment
      • Bullying
      • Use of social media that violates the terms of this Policy

    Responsibilities:
    The Dealership is responsible to:

    1. Enforce and uphold this Policy.
      2. Treat co-workers, customers, suppliers, and the public with respect and dignity.
      3. Discourage and prevent employment-related Harassment (including Sexual Harassment), Discrimination, and Workplace Violence.
      4. Investigate formal complaints of Harassment, Discrimination, and Workplace Violence.
      5. Implement appropriate employment measures, including discipline, when an employment-related complaint is substantiated.
      6. Provide advice and support to persons who are subjected to Harassment, Discrimination, or Workplace Violence.
      7. Review and revise this Policy and its procedures as needed.
      8. Maintain records as required by this Policy.
      9. Address issues under this Policy with the Joint Work Site Health and Safety Committee.

    Employees are responsible to:

    1. Comply with this Policy.
      2. Treat co-workers, customers, suppliers, and the public with respect and dignity.
      3. Behave in a way that enhances the Dealership’s reputation.
      4. Not harass, sexually harass, discriminate against or engage in Workplace Violence against any other employee, customer, or supplier of the Dealership.
      5. Report incidents of Harassment (including Sexual Harassment), Discrimination, and Workplace Violence to Human Resources.
      6. Fully cooperate in any investigation when questioned regarding possible violation of this Policy.

    Procedure:
    Employees who feel they have been subjected to Harassment, Discrimination, or Workplace Violence (or retaliation for having brought forward a complaint of Harassment, Discrimination, or Workplace Violence) are encouraged to:

    • approach the individual responsible for the conduct, personally or in writing, and ask that the improper behaviour stop; or
      • ask a supervisor, manager, or Human Resources to approach the individual to ask that the improper behaviour stop.

    Individuals are encouraged to identify their concerns in a timely manner in order to facilitate a quick response and appropriate action.

    If the complainant does not wish to bring the matter directly to the attention of the person responsible, or where such an approach is attempted and does not produce a satisfactory result, the complainant should contact management or Human Resources.

    Employees should follow the formal complaint procedure if they do not feel comfortable dealing with the matter informally or have done so without an end to the behaviour.

    Every complaint will be taken seriously. Investigations will be conducted promptly.

    If there is an imminent threat to personal safety or serious injuries have been sustained, call 9-1-1 immediately.

    Investigation Process:
    When a formal complaint is received, management or Human Resources will coordinate an investigation and work with the relevant parties. Confidentiality will be maintained wherever possible, but cannot be guaranteed. Management or Human Resources may engage resources they deem appropriate or necessary to conduct the investigation, including qualified investigators or legal counsel.

    Complaints will be dealt with in the following manner:

    1. The complainant and the alleged offender will both be interviewed, along with any individuals whom the Dealership considers may be able to provide relevant information.
      2. All information will be kept confidential, except as may be necessary in order to properly investigate the complaint.
      3. The conclusion of the investigation will be communicated to the complainant and the alleged offender.
      4. If the investigation reveals evidence to support the complaint, the offender may be disciplined based on all the circumstances. Discipline may include a verbal or written discussion or reprimand, suspension, or termination, and the incident will be documented in the employee’s personnel file. A separate investigation file may be maintained containing all relevant investigation notes and documents.
      5. In the event that the complaint is well-founded, the complainant is entitled to know that the Dealership has taken appropriate steps to remedy the situation, but due to privacy considerations is not entitled to know what disciplinary action has been imposed.
      6. If the offender is not an employee (e.g., a customer or supplier), appropriate action will be taken to deal with that person.
      7. Regardless of the outcome of a complaint made in good faith, the employee lodging the complaint, as well as anyone providing information, will be protected from any form of retaliation by either co-workers or superiors. This includes punishment, demotion, or denial of opportunities within the Dealership.
      8. Any situation where an employee knowingly makes a false verbal or written claim is subject to discipline, up to and including termination of employment.
      9. Where appropriate, the Dealership’s Employee Assistance Program may be recommended to employees.

    Confidentiality:
    Any individual who becomes aware of an incident of Harassment, Discrimination, or Workplace Violence should not disclose the details to any third party, other than those designated in this Policy or as required by law. Gossiping about an incident seriously undermines the privacy of all parties involved and may result in discipline, up to and including termination.

    All information gathered through investigation will be kept confidential. The name of the complainant and the details of the complaint will not normally be disclosed to any person except when necessary for the investigation of the complaint, reporting on the outcome of the investigation, taking disciplinary measures, dealing with the Joint Work Site Health and Safety Committee, or other management of the workplace. Investigation information will be secured in Human Resources (separate from employee personnel files unless the subject of discipline).

  • IMPORTANT UPDATES – OCCUPATIONAL HEALTH & SAFETY (OH&S)

    Date Posted: June 6, 2018

    Regulations and Code Amendments

    The following amendments come into force effective June 1, 2018.

    Below are three links:
    1) OHS Regulation Code Amendments Summary
    2) OHS Regulation Code Amendments Presentation
    3) OHS Regulation and Code Technical Briefing Follow Up (containing links which will assist you in your research)

    As you review all this material you will notice that the Minister of Labour is responsible to establish the curriculum for Health Safety Committee co-chairs and representatives.

    However, this curriculum won’t be available until early fall. You’re advised to visit the Alberta OHS website and link on to the e-Learning Programs regarding OHS laws (Alberta OHS Legislation Awareness e-Learning Program).

    This is a 2 hour free training online course. Following this course a 6 hour course at www.ccohs.ca/distributors/alberta will also assist you in complying to the new changes.

    Employers are also responsible to develop and implement a workplace violence prevention plan and a workplace harassment protection plan.

    The legislation also updated the provisions in the OHS code for Workplace Hazardous Materials Information System (WHMIS) to WHMIS 2015 to align Alberta with the rest of Canada.

    We were informed that OHS inspections will use an approach of being FIRM, FAIR, and FLEXIBLE as employers get up to speed on these OHS changes. They will use a measured approach of gauging employer efforts implementing these OHS changes. They will however, have no sympathy for employers who have not implemented the 2009 OHS changes.

    The MDA is presently working with OHS to update our Health & Safety Tool Kit. This process will commence this week and once the updates are completed the Tool Kit will be shipped out. The MDA has been in contact with a labour lawyer for assistance in developing workplace violence & harassment policies.

  • Legalization of Cannabis in Canada

    Date Posted: June 6, 2018

    The impending legalization of Cannabis in Canada seems to be a hot topic right now.

    Click here to read or download the publication from the Canadian Centre for Occupational Health and Safety.

    There is a lot of very useful information and free publications available for download which could be of interest to our members. Visit ccohs.ca

  • New MDA Dealer Member Service

    Date Posted: February 15, 2018

    At the December 2017 MDA Board meeting it was decided that the MDA enter into an agreement with Bryan & Company LLP law firm to establish a dedicated team of lawyers to provide MDA member dealers with advice and representation with respect to AMVIC investigations and prosecutions.

    The legal team will review and assess all the relevant laws and regulations of the Fair Trading Act and the Automotive Business Regulations and gain a familiarity with this legislation.

    The benefit to our members is that by using one legal team they will acquire experience dealing with the various types of investigations and charges and will be able to recognize both the similarities and dissimilarities present in each given circumstance. That growing knowledge base, along with the familiarity gained by dealing with the AMVIC investigators and with Crown Prosecutors, should allow them to both impact the enforcement process and to safeguard against the potential of unreasonable enforcement of the legislative restrictions.

    Individual MDA members are generally reliant on separate counsel, many of which have no experience or expertise in defending the charges which arise out of AMVIC investigations.

    All MDA members will benefit from using one legal team. Members can be sure when receiving advice and if necessary representation from a legal team that has the expertise and knowledge to provide the experienced and competent advice in a timely and cost effective manner.

    Further to the partnership with Bryan & Company the board also decided to cover the cost of the first consultation with the legal team at Bryan & Company on AMVIC investigations and prosecutions.

    This new MDA dealer member benefit will work in conjunction with the already existing Legal Action Fund that dealers can apply for when challenging prosecutions.

    Contact person at Bryan & Company LLP is Tim Smythe - he can be reached at his direct line (780) 420-4720, email: tdsmythe@bryanco.com

  • Important – Union Certification

    Date Posted: November 14, 2017

    In the Spring of 2017, the Alberta Government passed changes to Alberta’s Labour Code.
    One of those changes had to do with UNION CERTIFICATION.

    On the MDA Chairman’s Tour, we informed our members of the Labour Code changes and it was suggested that we seek out further information regarding unionization before your dealership is challenged regarding this issue.

    The MDA reached out to Tom Ross of McLennan Ross LLP and he graciously provided us with a 5 page document highlighting the DO’S and DON’TS regarding union certification. The document details what you can do and what you should not or cannot do. Click here to view.

    Please review this document carefully and should unionization activities occur at your dealership, we encourage you to connect with Tom Ross at McLennan Ross LLP - (403) 303-9124

  • In House Lease Documents Now Available

    Date Posted: October 2, 2017

    The MDA has created an in house lease document for its members.

    Our legal firm has produced this document according to Alberta laws, and it includes open end or closed lease options. Privacy and CASL sign off included on forms. They can be ordered either in print or digital format.

    PDF - One-time fee of $399.00
    Printed Lease Forms range from $425 to $952 depending on quantity ordered.
    Customized with dealer name and GST number, 3 part snap set NCR (white, yellow, pink)

    Orders can be placed @ https://www.nationsprint.com/clients/mda/

  • CADA Advocacy for Small Business Tax Fairness

    Date Posted: September 11, 2017

    As most dealers are aware, Federal Minister of Finance, Bill Morneau has proposed significant changes to the small business tax structure in Canada. CADA opposes these changes as they will damage the ability of small business to grow and expand, as well as the ability to prepare for future economic downturns and unexpected changes in business environments.

    CADA has been working with like-minded associations including the Canadian Chamber of Commerce to deliver the message to the Trudeau government that these tax changes will have a negative impact on jobs and overall economic growth. In addition, CADA has secured a meeting with Minister Morneau's senior political staff and several key MPs and Senators. CADA will also actively be participating in the Minister's planned tour to engage small business. CADA has prepared a formal submission to the Department of Finance on this issue and will be submitting this with the support of expert tax counsel.

    We need our members to get involved and reach out to their Member of Parliament (MP) to discuss how these tax changes will impact small businesses, including auto dealers. Please click here to send a personalized letter to your local MP and make sure to encourage all of your employees to do the same. Feel free to send the letter twice, sending once using your business postal code, and once using your home postal code.

    Thank you for getting involved, and please do not hesitate to contact us should you have questions on the proposed changes or the MP outreach initiative.

  • Privacy and CASL are Key issues for Dealers

    Date Posted: June 26, 2017

    Courtesy of CADA

    The Canadian Automobile Dealers Association (CADA) and your provincial association executives are working together to highlight important elements of Canada’s privacy and marketing legislation. Dealer associations want to highlight the importance of dealerships’ compliance with privacy law and your association’s efforts to enhance privacy awareness among dealers.

    Engaging in meaningful compliance efforts makes real business sense because ‘due diligence defences’ can apply when a business makes significant efforts to act in compliance with Canada's anti-spam legislation’s (CASL) many complex requirements. Privacy is something dealerships need to address as a matter of course, putting as much emphasis on their approach to personal customer information as they do to the security of the physical aspects of their dealerships.

    Your provincial and national associations are working together to get the message out that privacy protocols are important as part of a responsible way of treating customers, and because it is the law with penalties that could prove costly. Dealers also have to be mindful of potential reputational issues surrounding any failure to protect customer information.

    “In a world where cybersecurity is a real risk, customer satisfaction includes making people feel confident their personal data is safe and used only for purposes the business has identified,” warns Tim Ryan, Vice-President and Director of Industry Relations & General Counsel at CADA. “In all cases, getting clear express consent before collecting, using or sharing personal information is the gold standard.”

    Your associations want to remind you that privacy law became a fact of business life for Canadian dealerships in 2004 and since then CADA has been highly active in making dealers aware of new regulations. CADA recently did a memo and webinar on CASL that is available at www.cada.ca. There are also excellent government resources available to assist businesses at http://fightspam.gc.ca and https://www.priv.gc.ca.

  • New Energy Rebates Mean Big Cost Savings

    Date Posted: May 19, 2017

    Courtesy of Alberta Government

    Businesses, non-profit organizations and institutions can save hundreds of dollars annually with a new energy efficiency rebate program.

    Organizations and businesses can purchase and install eligible energy-efficient lighting, heating and other products to receive a rebate to a maximum of $60,000 per year, per facility on a first-come, first-served basis.

    "Energy efficiency makes businesses and organizations stronger. Spending less on energy frees up money for profits, programs and reinvestment."

    Shannon Phillips, Minister of Environment and Parks and Minister Responsible for the Climate Change Office

    The incentives have the potential for significant cost and energy savings. A small daycare replacing 36 fluorescent lights with LEDs could save more than $230 annually on its electricity bill. A rural community centre with a pool replacing 100 lights and upgrading the heating and water system could save $830 on its electricity and gas bills each year.

    "Energy Efficiency Alberta will work with local contractors across the province to ensure they have the information they need to support the program, including training and marketing materials."

    Monica Curtis, CEO, Energy Efficiency Alberta

    After installing an approved high-efficiency product, an organization can apply for rebates by submitting receipts online at efficiencyalberta.ca for eligible products purchased on or after March 24, 2017 (as per invoice dates). Once approved, they will receive a cheque to help cover the cost of the equipment.

    Alberta organizations that can participate in this program include:

    • Individual businesses (except large final emitters as defined in Alberta's Specified Gas Emitters Regulation)
    • Non-profit organizations
    • Co-operatives
    • Institutions such as schools, hospitals, universities and colleges
    • Multi-unit residential buildings: common areas such as lobbies, recreation rooms and parking lots are included

    "We know that there are many organizations like ours around the province that want to become more energy efficient but lack the resources to do so. Through this program, the Government of Alberta is taking steps to help make those changes possible and we are so grateful."

    Dawna Morgan, finance manager, Boys and Girls Clubs Big Brothers Big Sisters of Edmonton and Area

    "While it's important for Albertan's to save energy, it's also essential to use accredited contractors to ensure renovations and retrofits are done safely. Our association intends to be part of the solution for Albertan's."

    Eric Fadden, incoming president of the Electrical Contractors Association of Alberta

    In addition to the Business, Non-Profit and Institutional Energy Savings Program, Energy Efficiency Alberta offers other opportunities to help Albertan's reduce energy and save money. For more information about these energy-efficiency programs, visit efficiencyalberta.ca.

    Revenue from the carbon levy provides the funds for rebates and incentives for Albertans to invest in energy-saving appliances, solar panels and retrofits of homes and buildings.

    Quick Facts:

    • The Business, Non-Profit and Institutional Energy Savings Program expects about 3,000 participants.
    • An incentives budget of $10 million is available to eligible organizations.
    • The contractor delivering the program is hiring eight Albertan's to support program implementation.
    • Overall, the program is expected to support the creation of about 280 full-time jobs for Albertan's.
    • The program will lower utility bills for Albertan's by about $32.8 million (lifetime savings from the first year of the program).
    • Alberta organizations save $1.20 for every $1 they put in to the program.
    • The program's estimated energy savings is 70,000 gigajoules.

    The program will achieve carbon savings of 195,000 tonnes of carbon dioxide equivalents. This is the same as taking 30,000 cars off the road for one year.

  • DON’T GET BURNED BY CREDIT CARD FRAUD

    Date Posted: May 12, 2017

    There has been a significant increase in credit card fraud and chargebacks in the last few months. The MDA felt that it may be timely to create an information package outlining the proper processes when accepting credit cards for dealerships.

    A few examples are listed below of these people calling the parts department to order parts.

    They start with a small purchase.  When they come in they check to see if the parts person asks for the card to authenticate the PIN or ask for ID, etc.  If the parts staff don't do their due diligence, they then make a much larger parts purchase.

    When the parts person does not authenticate the card using the CHIP, the person waits approximately 60 days (or what is allowable by Moneris), and then they phone Moneris to say it was an unauthorized purchase on their card.  Because the dealership didn't validate the card with the CHIP, it is an automatic charge back to the dealership.  In this particular case it was for a $3500 set of tires & rims.  The reason we believe they wait 60 days is that is close the maximum allowable by Visa to make a complaint.  Also, most video security systems do not store video footage for that long.

    The second example was of a person making a parts purchase and the terminal stated their chip didn't work.  The parts person swiped the card and had the customer sign.  Again, because this did not strictly follow the Moneris rules, when the customer phoned Visa and said it was an unauthorized purchase, the dealership was charged back.

    Third example was a person trying to use a compromised pre-paid visa.  When the parts person suspected something, he phoned to validate the card.  The account information did not match the card.  When the parts person went back to the counter, the customer had already vacated the premises.

    To summarize, these people prey on parts departments where staff are uneducated or undisciplined to follow the Visa / Moneris rules.  Most of the examples are over the phone purchases and they seem to target parts departments.

    Credit card fraud can represent a considerable cost for your business. Training your staff to identify potentially fraudulent transactions is an important first step in protecting your business from financial loss.

    Card-not-present transactions represent the greatest risk to merchants as these transactions occur over the telephone, through the mail or on the internet such that the physical credit card has not been inserted or swiped into a card reader. As a result, there is no guarantee that the transaction is being conducted by the legitimate credit card owner even though the credit card number itself may be valid.  In these cases, the merchant bears the chargeback exposure if there are any problems with the legitimacy of the transaction.

     

    10 Potential Signs of Card Not Present (CNP) Fraud

     

    Keep your eyes open for the following fraud indicators. When more than one is true during a card-not-present transaction, fraud might be involved so more vigilance may be required.

    1. First-time shopper: Criminals are always looking for new victims so know your customer!
    2. Larger than normal orders: Because stolen cards or account numbers have a limited life span, crooks need to maximize the size of their purchase, buying the most that they can at one time.
    3. Orders that include several of the very same item: Having multiples of the same item increases a criminal's profits.
    4. Orders made up of "big-ticket" items: These items have maximum resale value and therefore maximum profit potential.
    5. "Rush" or "overnight" shipping: Crooks want these fraudulently obtained items as soon as possible for the quickest possible resale, and aren't concerned about extra delivery charges.
    6. Shipping to an international address: A significant number of fraudulent transactions are shipped to fraudulent cardholders outside of the country. Visa Address Verification Service can't validate customers outside of Canada, United States and the United Kingdom.
    7. Transactions with similar account numbers: Particularly useful if the account numbers used have been generated using software available on the Internet.
    8. Shipping to a single address, but transactions are placed on multiple cards: This could  involve an account number generated using special software, or even a batch of stolen cards.
    9. Multiple transactions on one card over a very short period of time: This could represent an attempt to "run a card" until the account is closed.

     

    IMPORTANT:

    Business owners need to decide for themselves how they choose to get paid by their customers. Accepting card-not-present transactions increases risk to the merchant but they can greatly expand company sales. The safest transaction will always be a card-present transaction where the buyer is present and the credit card is inserted (chip card) or swiped (non-chip card) into a card reader.

  • Reminder On Laws of Dealer Plate Use

    Date Posted: February 22, 2017

    The MDA office has recently been receiving calls from dealers inquiring about dealer plate use. In July, 2011 the laws were changed, however not all police are aware of these changes. Please keep this bulletin in your files should an incident occur.

    Effective July 11, 2011 amendments were made to the regulations pertaining to the use of dealer plates. The changes are as follows:

    1) Section 74(3) was repealed therefore, a motor vehicle dealer can rent or lend a dealer plate to a prospective purchaser.

    2) Section 75 was amended as follows:

    a) Clause 75(C) was repealed. The clause had read that no person shall attach
    a license plate issued under a dealer's certificate of registration to a vehicle if the vehicle is not for the time being in the custody and control of the holder of the dealer's certificate of registration or an employee or agent of the holder for the purposes of testing or servicing.

    b) The new 75(C1) will now read - - No person shall attach a license plate issued under a dealer's certificate of registration to a vehicle if the vehicle is not for the time being in the custody or control of a purchaser or prospective purchaser of the vehicle.

    3) Section 75(2) will be repealed and substituted with the following:

    For the purposes of subsection (1) (b), "used in the promotion of sales by the
    holder of the dealer's certificate or agent" includes personal use of the vehicle by:

    a) The holder of the dealer's certificate of registration,
    b) The holder's employee or agent, and
    c) A family member of the holder or the holder's employee.

    These changes to section 75(1) will allow that the purchaser or prospective purchaser can drive the vehicle with the dealer's plate displayed on the vehicle without the dealer or employee being present.

    Clause (b), which allows personal use for promotional purposes has been expanded to allow use by dealer's or employee's family members.

    After many years of consultation with the Alberta Ministry of Transportation, the MDA would like to publicly thank the Honorable Luke Ouellette for these regulation changes.

    These changes better reflect how business is conducted in Alberta in respect to the use of dealer plates.

  • URGENT: How to Collect, Use & Disclose Driver Licence Information Collected on Test Drives

    Date Posted: April 23, 2015

    Over the past several years, MDA member dealers have been challenged on the proper procedures to use in the collection of driver’s licence information from consumers requesting a test drive.

    In the past, the Office of the Information and Privacy Commissioner of Alberta would refer us to a decision that they had rendered regarding a rental vehicle firm’s handling of personal information.

    Over a year ago we requested that they prepare guidelines for dealerships on the collection, use and disclosure of licence information.

    It has now arrived and we are forwarding to you the PIPA guidelines. Please inform all your sales and management staff.

  • Mechanical Fitness Assessment (MFA) NOT REQUIRED at Public Auctions

    Date Posted: February 4, 2015

    Effective January 22, 2015, the Minister of Transportation has amended Section 15 of the Vehicle Inspection Regulation to exempt vehicles sold through a sale by public auction from the requirement to give a MFA to the buyer before entering into a contract to sell a motor vehicle.

    Public auction buyers will be made aware though education and awareness that vehicles sold through a public auction should be considered to be in an "as is" condition.

    Alberta Transportation is working with Service Alberta in developing a joint communication plan outlining this amendment.

  • MDA Important Information

    Date Posted: December 4, 2014

    To: All MDA Member Dealers

    I would like to take this opportunity to wish you all best wishes for the upcoming holiday season.

    It has been an honour to serve as Chairman of the Motor Dealers’ Association of Alberta in 2014 and I look forward to continued service in 2015. As I reflect back on the Chairman's Tour, I was fortunate to meet a great number of excellent dealers and their staff.

    The year passed quickly and we had great gains and an excellent convention for our MDA dealer members.

    This communication has two important documents that will help you in your daily operations going forward.

    The first is AMVIC Policies which outlines the guidelines investigators will be expected to abide by and will ultimately set the rules dealers must understand when dealing with AMVIC. It will identify the responsibility and actions expected on both sides to create a process to be followed that is professional and respectful to all parties. Included in this package is a checklist investigators will be using as a basis for interaction with our staff.  We will know the process to better communicate what is required by knowing our rights.

    The second document is the Policies and Procedures of the new MDA Legal Action Fund which has been established to represent all MDA members as per rooftop membership. We will now have a process to formally document any situations that affect all dealer members in the province. If a dealer member believes they have an issue that requires a second opinion or support we will now have a system to evaluate and assist.

    The business environment is changing and MDA dealer members will now have greater support from our association.

    Please take time to review these documents.  Please click here to view the Fair Trading Act.  We suggest you print this document for future reference.

    In closing, I would like to thank you again for your continued support.

     

    Sincerely,

     

    Perry Itzcovitch

    MDA Chairman

  • MDA-5 Bill of Sale – UPDATED

    Date Posted: June 26, 2014

    The MDA-5 bill of sale has been updated to include customer expressed consent regarding Canada’s Anti-Spam Legislation (CASL).

    For dealer’s who have ordered the PDF version of the MDA-5 bill of sale, a new PDF including the CASL consent will be forwarded to you. For those that have ordered the pre-printed paper version of the bill of sale, please use the following wording to develop your own customized dealership consent form, which would include dealership name, address, phone number, etc., and all the personal customer information such as name, address, etc.

    Canada’s Anti-Spam Legislation (CASL) Consent Form

    The Dealer also requires your consent to send you emails and other electronic messages outlining its products, services, events, contests and other offers. Providing your consent now is the easiest way to ensure you continue to receive such information.
    You can provide your consent by initialling beside the box below.

    __ Yes, I Consent

    You may withdraw your consent at any time by contacting the Dealer and asking to speak with the Dealer’s Privacy Office.

    If you need to order the MDA-5 bill of sale in pre-printed or PDF formats - the order information is available at: https://www.nationsprint.com/clients/mda

  • 411 Business Directory Scam

    Date Posted: May 22, 2014

    One of the most common scams aimed at businesses - the business directory scam - is on the rise yet again.

    A Drumheller dealership received a phone call from a representative at 411 Business Directory Assistance advising they owed money for an outstanding bill. This individual asked for a credit card number over the phone to process the payment. The dealership requested a copy of the invoice which was sent. The dealership did their due diligence and searched the company with the Better Business Bureau and found the following warning;

    -THIS BUSINESS IS NOT BBB ACCREDITED-
    411 Business Directory Assistance Inc.

    The dealer also searched the Edmonton company address and found it to be a parking lot stall.

    These telemarketers made three misrepresentations that violate the FTC Act. First, they led the dealership to believe that there was a pre-existing relationship between them. Second, they falsely claimed that this dealership had agreed to purchase directory listing services. Third, they falsely claimed that the dealership owed money for these supposed services.

    Take the following steps to protect your company from business directory fraud.

    • Train your staff to spot this scam
    • Inspect your invoices
    • Verify to clarify
    • File a complaint

    Here are what you should do if you receive a phone call from a collector:

    1. Do NOT under any circumstances send these scammers money.

    2. Tell him/her that you are not going to pay for the invoice, and let this scammer know
    that you are going to take the actions outlined in step 3 and 4.

    3. File a complaint with the Federal Trade Commission by visiting the FTC website.
    (http://www.ftc.gov) or call 1-877-FTC-HELP (1-877-382-4357).

    4. Report the scam to your local Better Business Bureau.

    Thank you for your diligence in this matter.

  • MDA-5 Bill of Sale – SAVE MONEY AND COMPLY

    Date Posted: April 17, 2014

    In 2011, following a complaint filed by a consumer in 2009 regarding the capture and management of a customers personal information, the Office of the Information and Privacy Commissioner found that the privacy statement used by dealerships was not in accordance with Section 7 or 13 of the Alberta Personal Information Protection Act, SA 2003.

    Since that time, the MDA has been working with outside suppliers to produce a Privacy Statement that would meet the requirements as outlined in the Personal Information Protection Act.

    We were unable to reach a reasonable and fair agreement for our members with outside providers. Therefore, the MDA proceeded to develop it's own Privacy Statement which dealers can use on their bill of sales, service work orders, parts invoices, etc.

    The MDA has partnered with McCallum Printing Group Inc., to supply our member dealers with an updated MDA-5 Bill of Sale which includes the updated Privacy Statement. Also, for dealers who laser print their own bill of sales, a PDF format can also be ordered from McCallum Printing Group Inc.

    When purchasing either the printed or PDF Bill of Sale, you will be required to sign off on the MDA Forms Access and Use Agreement before the product will be forwarded to you.

    Included with the Bill of Sale (either printed or PDF) you will receive a copy of the Privacy Statement for use on all other forms that you may use in the capture of your customers personal information.

    The MDA urges all dealerships that are not compliant to section 7 or 13 of the Personal Information Protection Act to immediately order the Bill of Sale (Printed or PDF Form), and update all other forms with the updated Privacy Statement (included) that capture customer personal information, so that you are compliant to Alberta laws and regulations.

    Please click here to register for access to the new Bill of Sale. We plan to roll out many new products on this site for our dealer and associate members in the near future.

  • MDA-5 Bill of Sale With Compliant Privacy Statement Now Available

    Date Posted: February 27, 2014

    In 2011, following a complaint filed by a consumer in 2009 regarding the capture and management of a customers personal information, the Office of the Information and Privacy Commissioner found that the privacy statement used by dealerships was not in accordance with Section 7 or 13 of the Alberta Personal Information Protection Act, SA 2003.

    Since that time, the MDA has been working with outside suppliers to produce a Privacy Statement that would meet the requirements as outlined in the Personal Information Protection Act.

    We were unable to reach a reasonable and fair agreement for our members with outside providers. Therefore, the MDA proceeded to develop it's own Privacy Statement which dealers can use on their bill of sales, service work orders, parts invoices, etc.

    The MDA has partnered with McCallum Printing Group Inc., to supply our member dealers with an updated MDA-5 Bill of Sale which includes the updated Privacy Statement. Also, for dealers who laser print their own bill of sales, a PDF format can also be ordered from McCallum Printing Group Inc.

    When purchasing either the printed or PDF Bill of Sale, you will be required to sign off on the MDA Forms Access and Use Agreement before the product will be forwarded to you.

    Included with the Bill of Sale (either printed or PDF) you will receive a copy of the Privacy Statement for use on all other forms that you may use in the capture of your customers personal information.

    The MDA urges all dealerships that are not compliant to section 7 or 13 of the Personal Information Protection Act to immediately order the Bill of Sale (Printed or PDF Form), and update all other forms with the updated Privacy Statement (included) that capture customer personal information, so that you are compliant to Alberta laws and regulations.

    Please click here to register for access to the new Bill of Sale. We plan to roll out many new products on this site for our dealer and associate members in the near future.

  • Copyright Information – RE: Movie Events

    Date Posted: September 10, 2013

    The MDA office has recently been made aware that some dealers across Canada are presenting outdoor movies during the summer as part of customer appreciation efforts in their community.

    Audio Cine Films Inc. (ACF) informs us that all public (outside of a private residence) presentations of commercially available movies have to be licensed and authorized by a rights representative such as Audio Cine Films Inc.

    Contrary to popular belief, this applies even if the showings are free, for just a few people, or if the movie in question is personally owned or has been purchased in a retail store.

    Dealerships wanting to have such events need to contact ACF in order to obtain the proper licenses.  ACF is the exclusive public performance rights representative for Walt Disney Studios, Marvel Inc., Universal Studios Canada, Sony Pictures Entertainment, MGM Studios, E1 Entertainment, Pixar Animated Films, etc.

    Additional information on ACF can be found on the Copyright Board of Canada Website:

    www.cb-cda.gc.ca/home-accueil-e.html

    Dealers who show outdoor movies expose themselves to liability if they have not obtained permission of the movie rights holder by way of a license.  The rights holders have the option to opt for statutory damages which, for commercial infringement is between $500 and $20,000 (or $100 - $5,000 for non-commercial infringement).

  • Dealer Alert – British Columbia Returns to PST/GST April 1, 2013

    Date Posted: March 26, 2013

     

     

    Effective April 1, 2013 the province of British Columbia is reverting back to a PST/GST system on the sale of vehicles.

    Alberta dealerships selling to BC customers have to adjust their point of sale systems to collect the PST/GST on any vehicle that enters BC April 1,2013 or later.

    If Alberta dealers do not change their systems to collect the PST on any Alberta vehicle that enters BC April 1, 2013 or later, the BC customer will receive the bad news that the 7 per cent tax has to be recollected upon entry and that the customer will need to apply for a refund on the wrongly collected HST (BC) from the dealer or Canada Revenue Agency.

    Please see Notice 2013-002 PST On Vehicles. This information assists you in understanding how the BC PST applies to vehicles sold April 1, 2013 and later.

  • Transportation of Dangerous Goods (TDG) Permit

    Date Posted: November 15, 2012

    Courtesy of Alberta Transportation

    The MDA office has recently received dealer inquiries on the status of the Transportation of Dangerous Goods (TDG) Permit that the MDA had negotiated with the Alberta government in 2001.  At that time the government had issued the MDA with a Transportation of Dangerous Goods Permit that provided coverage for all it's dealer members for loads not exceeding 500 kgs gross.

    Effective February 20, 2008 the federal TDG regulations were amended and C1 permits were no longer valid and would not be renewed, therefore for loads under 500 kgs gross permits are no longer required.

    Below is the memo that was issued at the time by Alberta Transportation explaining the change.


    For holders of the Permit for Equivalent Level of Safety for exemption from documentation requirements of the Transportation of Dangerous Goods (TDG) Regulations for the road transportation of dangerous goods in a road vehicle or combination of road vehicle and trailer that does not exceed a total of 500 kgs gross mass contained in small means of containment (450 litres or less).  (Precedent C1)

    Precedent C1 permits for equivalent level of safety are not valid after February 20, 2008 and will not be renewed.  Effective February 20, 2008, the federal TDG Regulations have been amended.  The following exemptions from the Regulations may now apply to the road transportation of 500 kg or less of dangerous goods in small means of containment.

    1. 150 Kg Gross Mass Exemption (1.15)

    Section 1.15 (copy attached) provides an exemption from the documentation, dangerous goods safety marks, means of containment in standard, training, and accidental release and imminent accidental release reporting requirements for the transportation of dangerous goods if the gross mass of the dangerous goods on board is less than or equal to 150 kg. and the dangerous goods are not listed in subsection (2) of the exemption.

    1. 500 Kg Gross Mass Exemption  (1.16)

    Section 1.16 (copy attached) provides a partial exemption from documentation, dangerous goods safety marks, and means of containment in standard for the transportation of dangerous goods if the gross mass of the dangerous goods on board is less than or equal to 500 kg. and the dangerous goods are not listed in subsection (2) of the exemption.

     

    A shipping document must include the following information in the following order:

    • The primary class of the dangerous goods and the total number of means of containment on which a

              dangerous goods safety mark is required to be displayed.

     

    For example:

    Class 3, number of means of containment, 10

    Class 8, number of means of containment, 12

    The driver must have a dangerous goods training certificate.

    If you have any questions, please call the Co-ordination and Information Centre at 1-800-272-9600.

  • Disclosure of CarProof Reports to Third Parties

    Date Posted: August 27, 2012

    In early July, 2012, it was brought to our attention that some dealers where providing customers with CarProof reports which included lien information containing the vehicles previous owners date of birth, home address, etc. The complainant felt that this information exceeded the privacy guidelines.

    The MDA immediately contacted the Freedom of Information and Privacy Commissioner's Office regarding this concern and to seek advice. The FOIP office advised that since dealers would have cleared the liens on trade-ins before offering them for sale, that the sharing of the lien complete with the previous owners personal information would be in contravention to the Privacy Act.

    The MDA then contacted CarProof regarding this issue about sharing lien information on their report which also included personal information to third parties. CarProof advised us that when dealers order a CarProof verified report, they receive two reports for the price of one. Every time a verified report is requested a dealer is presented with a V-C button beside the VIN in their archives. By clicking this button the dealer is presented with the new URL they are able to post on-line that eliminates the lien section, basically turning a verified report into a claims report where all the data remains the same. The only difference is the lien section has been removed.

    The MDA, CarProof and the Alberta Privacy Commissioners Office advise you to provide consumers (third party) with copies of the CarProof claims reports only.

    For further information, please contact Denis Ducharme at 780-465-8850 or CarProof Customer Service at 1-866-835-8612.

  • Society of Composers, Authors and Music Publishers of Canada (SOCAN)

    Date Posted: June 4, 2012

    Courtesy of SOCAN

    The MDA has received a few inquiries from dealers regarding invoices they have received from SOCAN.  The following are some of their frequently asked questions:

    Q: What is SOCAN?

    A: SOCAN provides licences that give you the freedom to play any music you want in your business, legally, ethically, and easily. Without SOCAN, Canadian businesses would have to get permission from every composer, songwriter, lyricist, and publisher of every musical work they intend to use. This permission is not granted when you buy music (CDs, MP3s, music services, etc.) – this only allows you to play the music in a private (i.e. non-business related) setting. Similarly, when you hire musicians to play music, the fees you pay go to the performers, not the creators of the songs they perform. Even if the performers are the creators of a song, they need to be compensated for these separate efforts – music creation and music performance.

    Q: How does a licence work?

    A: A SOCAN licence grants the recipient permission to use music in a specific way. Businesses may need more than one licence, depending on how they use music (i.e. one for background music, one for music on hold, etc.).

    Q: Where does my licence fee go? Who gets it?

    A: SOCAN is a member-based, not-for-profit organization. 86 cents of each dollar collected by SOCAN in 2010 through the issuance of licences was distributed as royalties to its members and the members of SOCAN’s affiliated international societies. The remainder covered SOCAN’s operating costs, as approved by SOCAN’s board of directors, which is comprised of members. (songwriters, composers, lyricists and publishers.)

    Q: What is a public performance?

    A: A public performance is one that occurs either in a public place or any place where people gather (other than a small circle of a family or its social acquaintances.) A public performance is also one that is transmitted to the public; for example, radio or television broadcasts, music-on-hold, cable television, and by the internet. Generally, those who publicly perform music obtain permission from the owner of the music or his representative.

    Q: Why do I have to pay for background music?

    A: Using background music (including MP3 and other digital files used via a computer, iPod, internet radio, radio "local" via Internet, TV, CD, cassette, jukebox, vinyl, etc..) in the waiting area of ​​the service department and  the showroom requires a SOCAN license.  There is one exception to this: no fees are payable for the use of any radio receiver.

    Q: Why do I have to pay for music on hold?

    A: When you place a caller on hold and transmit music via your telephone lines, that is a public performance of the music. It is your responsibility to obtain permission to perform SOCAN songs from SOCAN or directly from the copyright owner. SOCAN represents tens of thousands of copyright owners and millions of songs and an SOCAN license will give you the right to perform them all.

    Q: Isn’t this covered by my music provider?

    A: When a dealer has a commercial contract with a music provider, it must provide proof to SOCAN  (copy of contract for example) to cross-reference the information submitted to us by the supplier who owns the T16 license – Music Supplier. No fees will be payable under Tariff 15A or 15B if the dealer is on the list submitted by the licensed music supplier.

    As an exception to the above, if your  music provider doesn’t hold a current T.16 license with SOCAN, the dealer has the obligation to obtain the appropriate based on usage (Tariff 15A and / or Tariff 15B).

    Q: I already bought the CD so why do I need a SOCAN licence?

    A: When you buy a CD at a record store, you have not paid the owners for the right to use their music in public. Only a SOCAN licence allows you to perform that CD in public. Of course, if you purchase a CD for private use (e.g., playing it in your car) a licence is not required.

    Q: Why should I care about getting a performing right licence?

    A: Fair compensation for the use of a creator's work is protected under the Copyright Act. Protection of intellectual property, such as copyright-protected music, declares that Canada is a society that values creativity and encourages artists to compose works, as their works will be protected.

    Q: What happens if I don't pay?

    A: Our business is to make sure that music creators and publishers are fairly compensated for the use of their works. A SOCAN licence allows you access to virtually the world's entire repertoire of copyright-protected musical works. If you authorize the public performance of copyright protected-musical works without obtaining a performing right licence, you are liable for copyright infringement and we may protect these rights by pursuing the matter through legal channels.

    For  more information, please visit www.socan.ca or phone 1.866.944.6210.

  • Windshield Washer Anti-Freeze

    Date Posted: March 16, 2012

    Courtesy of Municipal Affairs

    The MDA office was recently contacted for assistance regarding Alberta regulations for the proper storage and dispensing of windshield washer anti-freeze in dealership parts and service areas.

    We have been in contact with Municipal Affairs and have received information from the Chief Fire Administrator on the proper storage and dispensing of windshield washer anti-freeze.

    Click here for more information.

  • Important Changes to Operator Licensing and Vehicle Control Regulations

    Date Posted: August 15, 2011

    Important Changes to Operator Licensing and Vehicle Control Regulations Regarding the Use of Dealer Plates in Alberta

    Effective July 11, 2011 amendments were made to the regulations pertaining to the use of dealer
    plates. The changes are as follows:

    1) Section 74(3) was repealed therefore, a motor vehicle dealer can rent or lend a dealer plate
    to a prospective purchaser.

    2) Section 75 was amended as follows:

    a) Clause 75(C) was repealed. The clause had read that no person shall attach a license
    plate issued under a dealer's certificate of registration to a vehicle if the vehicle is not for
    the time being in the custody and control of the holder of the dealer's certificate of
    registration or an employee or agent of the holder for the purposes of testing or servicing.

    b) The new 75(C1) will now read - - No person shall attach a license plate issued under a
    dealer's certificate of registration to a vehicle if the vehicle is not for the time being in the
    custody or control of a purchaser or prospective purchaser of the vehicle.

    3) Section 75(2) will be repealed and substituted with the following:

    For the purposes of subsection (1) (b), "used in the promotion of sales by the holder of the
    dealer's certificate or agent" includes personal use of the vehicle by:

    a) The holder of the dealer's certificate of registration,
    b) The holder's employee or agent, and
    c) A family member of the holder or the holder's employee.

    These changes to section 75(1) will allow that the purchaser or prospective purchaser can drive the
    vehicle with the dealer's plate displayed on the vehicle without the dealer or employee being present.
    Clause (b), which allows personal use for promotional purposes has been expanded to allow use by
    dealer's or employee's family members.

    After many years of consultation with the Alberta Ministry of Transportation, the MDA would like
    to publicly thank the Honorable Luke Ouellette for these regulation changes.

    These changes better reflect how business is conducted in Alberta in respect to the use of dealer plates.

    Denis Ducharme
    MDA President

  • Mud Flaps, Window Tint, HID Lamps – What is the Law in Alberta?

    Date Posted: March 1, 2011

    Courtesy of Alberta Transportation

    Earlier this month, Global TV aired a consumer complaint dealing with Alberta vehicle requirements of mud flaps on all vehicles with the exception of passenger cars.

    The next morning on August 9th, the MDA met with the Alberta Director of Vehicle Safety to discuss the issue of mud flaps, window tint, and high intensity discharge (HID) lamps. At this meeting it was agreed that Alberta Transportation would produce an information bulletin to distribute to dealership sales & service staff in order to inform consumers of Alberta vehicle equipment regulations.


    Mud flaps: Section 64 of Alberta’s Vehicle Equipment Regulation requires a motor vehicle or trailer to have mud flaps. A mud flap must cover the width of the tire and come down to the centre of the axle. A mud flap is not needed if the body of the vehicle comes down to the centre of the axle. Passenger cars do not require mud flaps.

     

     

     

     

     

     

     

     

    The picture on the left shows an acceptable mud flap coming down to the centre of the axle. The picture on the right shows a truck rear wheel without mud flap, and the shaded area the mud flap must cover.

    Window Tinting: Section 72(1) of Alberta’s Vehicle Equipment Regulation prohibits the installation of a tinting film on the windows to the left and right of the driver and the windshield. Adding a tinting film reduces the driver’s ability to see and be seen in dark or poor weather conditions. The tinting film also reduces the safety performance of the glass in a collision.

    Aftermarket High Intensity Discharge (HID) Lamps: Section 4 of Alberta’s Vehicle Equipment Regulation requires headlamps to meet either federal or SAE standards. We are not aware of any aftermarket HID headlamps meeting these standards. It can be dangerous to install HID bulbs or kits in a headlamp assembly built for halogen bulbs. Factory HID headlamps are OK.

    You Can Find Alberta’s Vehicle Equipment Regulation on the Internet:
    Alberta’s Vehicle Equipment Regulation can be found on Alberta’s Queen’s Printer’s website: www.qp.alberta.ca. Click on the menu tab: Laws Online / Catalogue. Search by title for the Vehicle Equipment Regulation. Click on the current version of the Vehicle Equipment Regulation. You can view it without buying it by clicking on “view PDF” or “view HTML”.

  • Insurance Questions Relating to Vehicle Rental Agreements

    Date Posted: March 1, 2011

    As previously announced, effective March 1, 2011, the maximum amount for vicarious liability claims have been capped at 1 million dollars on service loaners and courtesy vehicles when a vehicle rental agreement form is utilized as a standard practice of doing business.

    Since this announcement, the MDA has been receiving dealer inquiries regarding customer insurance responsibility on dealer vehicles utilized as service loaners or courtesy vehicles.

    The questions asked are:

    1. Do we require rental vehicle insurance?
    2. Can the customer sign a substitution of insurance form?
    3. Is the customer responsible for the insurance deductible in case of an accident?

    If you are using vehicle rental agreement forms, for your loaners or courtesy vehicles, the MDA URGES you to contact your insurance provider to ensure that you and your customer are protected in the event of an accident claim.