• MDA Successful in Changing Shuttle Driver License Requirements to Class 5

    Date Posted: October 1, 2020

    This email is to advise you that Alberta Transportation has updated the interpretation of “for hire” and now allows a Class 5 licence holder to operate a courtesy shuttle at a car dealership.

    The Operator Licensing and Vehicle Control Regulation (OLVCR) provides the legislative framework for operator licensing and states that “for hire” means that the vehicle owner or operator, or the operator’s employer is being paid for the service the vehicle is being used for. The key factor in defining “for hire” considers whether the driver of the vehicle is employed predominantly to transport passengers. Moreover, Section 25(2) of the OLVCR indicates that the holder of a Class 5 driver’s licence may not drive a vehicle that is transporting passengers “for hire”. In the previous interpretation of the OLVCR, car dealership shuttle drivers were considered to be transporting passengers “for hire”; therefore, required a Class 4 licence. To view the OLVCR online, please visit: http://www.qp.alberta.ca/1266.cfm?page=2002_320.cfm&leg_type=Regs&isbncln=9780779806997.

    Alberta Transportation values fair administrative practices. In line with this, the department conducted a review of the policy interpretation of “for hire” following your feedback regarding this issue. Subsequent to the review of the policy for interpreting “for hire”, the department updated the interpretation of “for hire” to consider: the type of vehicle, the driver’s primary function of employment and the OLVCR’s requirements for the Class of driver’s licence. The interpretation of “for hire” will no longer include drivers who transport passengers in a vehicle with a designed seating capacity of 15 or fewer passengers, where passengers do not pay for transportation. The new interpretation allows a Class 5 licence holder to operate a courtesy shuttle at a car dealership.

    The MDA wishes to thank Transportation Minister Ric McIver and his staff for reviewing and changing the regulation to accommodate dealership shuttle services practices.

  • Preparing for the Second Wave

    Date Posted: September 22, 2020

    As more businesses re-open in the fall and cooler temperatures keep people indoors, infectious disease experts warn that Canada will likely see a second wave of COVID-19. This could put additional stress on businesses which were hard hit during the first wave of the pandemic. That’s why it’s critical to prepare now, should new restrictions be put into place.

    To help keep businesses agile and protected, we’ve developed the following risk management resource addressing business continuity best practices:
    Preparing your business for a second wave of COVID-19

  • CADA Safety Guide

    Date Posted: April 29, 2020

    Dealers, please copy, review, and insert into your Health and Safety Guide.

    Please click here.

  • Dealer Update – CADA Activities and Action COVID-19

    Date Posted: April 20, 2020

    As we progress through this unprecedented national health crisis, CADA wanted to provide dealers with an outlook of the activities being worked on by your national association. We also wanted to highlight key elements as we start the process of recovery.

    From the start of the crisis, CADA and our provincial association partners have been laser-focused on four core priority areas: Dealer Liquidity, Employment Supports; Recovery and Information. These have been the main results:

    • CADA 360: two-month employee benefits premium payment waiver for those dealers on the CADA 360 EB program (64% of rooftops in Canada).
    • CEWS: expansion of the Canadian Emergency Wage Subsidy to 75% and broadening of the selection criteria thereby ensuring the inclusion of almost all dealerships.
    • HST/GST: deferment by three months providing vital liquidity to all dealers.
    • DSSA: contractual clarifications were given by all OEMs.
    • Banks/Captive Finance Companies: in response to CADA pressure and federal liquidity, most institutions have started to provide financial relief on floor plans, term loans and mortgages and three lenders have already adjusted their processes to allow for fully online transactions.
    • Essential Service: maintain maximum dealer operations as an essential service. This effort was combined with provincial and federal initiatives that have maintained repair and service operating robustly in most regions.
    • CEBA: expanded the selection criteria of the Canada Emergency Business Account thereby granting access to some single-point dealers with payrolls under $1.5 million.
    • TWS: established the Federal Temporary 10% Wage Subsidy which is a three-month measure that will allow eligible small dealers to reduce the amount of payroll deduction required to be remitted to CRA.
    • BCAP: expanded Business Credit Availability Program to provide $40 billion of support through the Business Development Bank of Canada. BDC is working with private-sector lenders to coordinate on credit solutions for loans up to $6.25 million per individual dealer.
    • Business Income Tax deferral: changes allowing dealers to defer, until after August 31, 2020, the payment of any income tax amounts that become owing on or after March 18 and before September 2020. No interest or penalties.

    As we start to enter the process of recovery, CADA is concentrating on:

    • "Back-to-Work": design and communicate health and safety protocols for all areas of dealership operations. These are currently being elaborated on a provincial and federal level and are the basis of our discussions with the various authorities as they evaluate the gradual re-opening of activities. Two specific examples are the exemplary work CCAQ has done in Quebec that has enabled dealers in a first step to re-open parts of their service and maintenance operations on a by-appointment basis and the discussions TADA is having with Ontario regarding the step-by-step resumption of operations, including sales. It is important to point out, that these activities have been initiated several weeks ago and are being done as an industry-wide approach in close coordination with the manufacturers and suppliers and in lockstep with public health officials.
    • Market liquidity: we are continuing the work with banking and lending institutions to relaunch the Canadian Secured Credit Facility which provided significant liquidity to the automotive marketplace during the 2008-09 financial crisis.
    • Recovery: together with industry partners, we are advocating for several concepts that can reactivate the marketplace such as a federal job-loss insurance program, HST/GST exemption for vehicle purchases and a federal scrappage program to replace older vehicles with newer ones.
    • Information: continue to provide relevant and detailed information on all support programs available and how to access them as well as individual examples from across the networks.

    During these times of crisis, you might also be confronted or have already faced divergent efforts from some industry players pursuing their own individual or narrow priorities. Rest assured that much work is still to be done, and your national and provincial associations have only one united goal: to continue fighting on your behalf.

  • Expanded Small Business Funding Announced for Smaller Dealers

    Date Posted: April 17, 2020

    CADA continues to advocate for expanded measures to assist our dealers with liquidity and business supports. Today the Prime Minister announced changes to the Canada Emergency Business Account (CEBA) that CADA and the Chamber of Commerce have been pushing for: the qualifying criteria for CEBA has been expanded to include dealers who had a total payroll of $20,000 - $1.5 million in 2019.

    CEBA is a critical support measure that provides interest-free loans of $40,000 to qualifying small and medium sized businesses. If dealers repay the balance by December 31, 2022, up to 25 percent of the loan (up to $10,000) will be forgiven. While this does not help every dealer, it responds to the need of numerous dealers who missed the previous cut off level of 2019 payrolls between $50,000 and $1 million. Dealers should apply through their financial institution.

    CADA has also been pushing for rapid payment to dealers that are owed HST/GST refunds for the first three months of the year. Dealers have reported concerns that HST/GST refunds would be delayed, based on large inventory purchases in January and February in anticipation of spring sales that have not materialized.

    CADA has met with the leadership of the Canada Revenue Agency (CRA) to press for speedy payment. CRA confirmed that the HST/GST Directorate has been declared essential and have ramped up processing to meet the needs of the small and medium sized business sector including retail automotive.

    CADA will continue to monitor and update dealers on the liquidity, employee assistance and recovery measures we are lobbying for.

  • Additional COVID-19 Health & Safety Procedures

    Date Posted: April 13, 2020

  • COVID-19 Health & Safety Procedures

    Date Posted: April 10, 2020

    This past Thursday, the MDA was contacted by a public health inspector from Alberta Health Services asking if the MDA was providing health and safety procedures to its dealer members regarding COVID-19.  Our reply was that dealers had implemented health and safety protocols for their dealerships for both their employees and customers, and that the MDA was developing health and safety procedures for its members and would be distributing them within the next day or so.

    The reason for the call from AHS was due  to consumer inquiries or concerns about COVID-19 health and safety protocols in Auto and H.D. Truck dealerships.  In answering consumer inquiries, they would provide dealership COVID-19 procedures.

    Included in this bulletin are 8 different procedures that we ask you to review, modify if necessary and implement IMMEDIATELY, if you have not already done so.  Our industry is being watched and scrutinized, not only by consumers, but also your employees.

    The MDA is working in conjunction with other provincial auto dealer associations in developing other procedures and once complete, will be forwarding to you.

    AHS also shared that employee COVID-19 health and safety complaints are forwarded directly to Occupational Health & Safety (OHS) for inspection.

    The Alberta government has deemed Auto and H.D. Truck Dealerships as an essential service, on condition that COVID-19 Health and Safety procedures and protocols be implemented for your employees and customers.

    Failure to abide to these conditions could result in changes to the essential services dealerships currently have.

    Health & Safety Protocols

  • CADA Statement on Financial Support to Automotive Dealers

    Date Posted: April 8, 2020

    As CADA continues to advocate for you and your needs during this health crisis, we have sent the formal statement below to our dealer lending partners regarding financial arrangements during the COVID-19 crisis. This is an important statement that has been shared directly with the Federal Minister of Finance and important partner associations including the Canadian Banking Association and the Canadian Finance and Leasing Association.

    CADA welcomes the different initiatives undertaken by the Federal Government over the last weeks to provide substantial financial resources to banking and lending institutions to support businesses across Canada during the COVID-19 crisis. These measures include:

    • Lowering the Domestic Stability Buffer to support over $300 billion of additional lending capacity of Canada’s large banks;
    • Creation of the Bankers’ Acceptance Purchase Facility to support a key funding market for small- and medium-size businesses;
    • Establishing a Business Credit Availability Program (BCAP). The program supports financing in the private sector through the Business Development Bank of Canada (BDC) and Export Development Canada (EDC);
    • Securing a commitment from Canada’s large banks to support businesses through these difficult times.

    CADA is currently advocating for the relaunch of the Canadian Secured Credit Facility for automotive finance companies. This program provided significant liquidity to the automotive marketplace during the 2008-09 financial crisis.

    CADA is now calling for all banking institutions, including OEM controlled captive financing companies – if they have not done so already – to provide swift and meaningful financial relief to automotive dealers on:

    • New and used inventory floor plan arrangements
    • Term loans
    • Operating lines of credit
    • Mortgages
    • Short and long-term leases

    CADA is also calling on lending institutions to redesign their approval & certification processes to accommodate e-signatures and 100% online sales. This will facilitate those online sales that are allowed during the COVID-19 crisis in a safe and efficient manner.

    The retail automotive sector contributes over $120 billion to the Canadian economy each year and employs over 160,000 people across the country. The banking sector has been given the tools by government to provide liquidity to our dealers and they have made Ministerial-level commitments to support businesses with these tools.

    CADA has begun a formal monitoring process of dealership liquidity which we will share with banking associations and individual financial institutions. We urge all banking institutions to act quickly to ensure the financial viability of franchised new car and truck dealers.

     

  • Federal Canada Emergency Wage Subsidy & Canada Emergency Response Benefit Updates

    Date Posted: April 2, 2020

    Today, the Federal Government provided more details on how Canadians can access the Canada Emergency Wage Subsidy (CEWS) program and the Canada Emergency Response Benefit (CERB). Combined, these two programs are a $95 billion investment, the largest economic program in Canadian history.

    Crowe MacKay specialists have summarized these details below.

    If you have any questions or concerns, you are encouraged to contact your local Crowe MacKay advisor.

    Canada Emergency Wage Subsidy

    The following is a review of details pertaining to the CEWS that were previously announced:

    • The Federal Government will cover up to 75% of each employee’s salary on the first $58,700 that they earn this year, or up to $847 per week.
    • The program is effective for a 12-week period, from March 15 to June 6, 2020.
    • To be eligible, a business’ revenue has to have decreased by at least 30%.
    • Eligible employers include employers of all sizes and across all sectors of the economy, with the exception of public sector entities.
    • For non-profit organizations and registered charities similarly affected by a loss of revenue, the Federal Government will continue to work with the sector to ensure the definition of revenue is appropriate to their circumstances. The Federal Government is also considering additional support for non-profits and charities, particularly those involved in the front line response to COVID-19. Further details will be announced in the near term.
    • An eligible employer’s entitlement to the CEWS will be based entirely on the salary or wages actually paid to employees, and employers will be expected to at least make best efforts to top up salaries to 100% of the maximum wages covered.

    Highlights of the information released today on the CEWS are as follows:

    Eligible Employers

    Eligible employers under the CEWS will include individuals, taxable corporations and partnerships consisting of eligible employers as well as non‑profit organizations and registered charities. Public bodies will not be eligible for this subsidy, and these include municipalities and local governments, Crown corporations, public universities, colleges, schools and hospitals. The CEWS will be available to eligible employers that see a drop of at least 30% of their revenue for any of the claiming periods mentioned below, compared to revenues over a similar period in 2019.

    The table below outlines each claiming period and the reference period for eligibility:

    For example, if revenues in March 2020 were down 50% compared to those in March 2019, the employer would be allowed to claim the CEWS (as calculated below) on remuneration paid between March 15 and April 11, 2020. When applying for the subsidy, employers will be required to attest to the decline in revenue.

    Calculating Revenues

    An employer’s revenue for this purpose will be its revenue from its business carried on in Canada earned from arm’s-length sources, calculated using the employer’s normal accounting method, excluding revenues from extraordinary items and amounts on account of capital. For non-profits and charities, the government will continue to work with the sector to ensure the definition of revenue is appropriate to their specific circumstances.

    For non-profits and charities, the government will continue to work with the sector to ensure the definition of revenue is appropriate to their specific circumstances.

    Amount of Subsidy

    The subsidy amount for a given employee on eligible remuneration paid between March 15 and June 6, 2020, will be the greater of:

    • 75% of the amount of remuneration paid, up to a maximum benefit of $847 per week; and
    • the amount of remuneration paid, up to a maximum benefit of $847 per week or 75% of the employee’s pre-crisis weekly remuneration, whichever is less.

    Further guidance with respect to how to define pre-crisis weekly remuneration for a given employee will be provided in the coming days.

    As described above, employers may be eligible for a subsidy of up to 100% of the first 75% of pre-crisis wages or salaries of existing employees, and such employers will be expected where possible to maintain their existing employees’ pre-crisis employment earnings. The CEWS will also be available for salaries and wages paid to new employees.

    Eligible remuneration may include salary, wages, and other remuneration. These are amounts for which employers would generally be required to withhold or deduct amounts to remit to the Receiver General as payroll taxes. However, it does not include severance pay, or items such as stock option benefits or the personal use of a corporate vehicle.

    Furthermore, a special rule will apply to employees who do not deal at arm’s length with the employer, such as owner-managers. The subsidy amount for such employees will be limited to the eligible remuneration paid in any pay period between March 15 and June 6, 2020, up to a maximum benefit of $847 per week or 75% of the employee’s pre-crisis weekly remuneration.

    There will be no overall limit on the subsidy amount that an eligible employer may claim. Employers must make their best effort to top-up employees’ salaries to bring them to pre-crisis levels.

    Application Process

    Eligible businesses will be able to apply for the CEWS online through a Canada Revenue Agency online portal. The application system is expected to  be live in approximately six weeks.  More details regarding how to apply for the program will follow as soon as they become available.

    Businesses’ Responsibilities

    In order to maintain the integrity of the CEWS program and to ensure that it helps Canadians keep their jobs, employers will be required to repay amounts received under the CEWS if they do not meet the eligibility requirements and pay their employees accordingly. Penalties may apply in cases of fraudulent claims and anti‑abuse rules will be proposed to ensure that the subsidy is not inappropriately obtained, and to ensure that employees are paid the amounts they are owed.

    Those organizations that do not qualify for the CEWS may continue to qualify for the previously announced wage subsidy of 10% of remuneration paid from March 18 to before June 20, up to a maximum subsidy of $1,375 per employee and $25,000 per employer. Employers who are not eligible for the CEWS would still be able to furlough employees who may receive up to $2,000 a month under the CERB.

     

    Read the Federal COVID-19 Economic Response Plan Summary

     

     

    Canada Emergency Response Benefit

    The CERB is stated to be a $24 billion economic program. Today, more details pertaining to the application process and payment timelines were announced. Both are summarized below.

    Application Process

    The CERB will be available beginning April 6. This can be accessed by applying online through your CRA My Account or over the phone.

    If you have applied for Employment Insurance already, you do not need to apply for the CERB.

    After you submit your application, you will need to confirm your unemployment status on a monthly basis to continue to receive the CERB.

    The Federal Government has asked that Canadians abide by the following application schedule, organized by the month you were born in.

    If you have a birthday in:

    January, February, March                Apply on Mondays (April 6)
    April, May, June                               Apply on Tuesdays (April 7)
    July, August, September                  Apply on Wednesdays (April 8)
    October, November, December       Apply on Thursdays (April 9)
    Any month                                       Apply on Fridays, Saturdays, and Sundays

    Payment

    The benefit will be paid by direct deposit or by cheque. If you select the direct deposit option you can expect your funds in 3-5 days (recommended). If you select the cheque option, you can expect your funds in approximately 10 days.

    Canada Emergency Response Benefit Details

    The CERB provides $2,000 per a four-week period ($500 per week) to individuals impacted by COVID-19.

    You may receive the CERB for a maximum of 16 weeks and you must re-apply for it every four weeks.

    You will not qualify for the CERB if you quit your employment voluntarily.

    In order to qualify for the CERB:

    • You must be a Canadian resident aged 15 and older.
    • You must have earned at least $5,000 of total income from employment, self-employment, and/or certain employment insurance benefits (generally parental benefits) in 2019 or in the 12-month period leading up to your application.
    • You must have ceased to work for reasons related to COVID-19 for at least 14 consecutive days within the four week period that you are applying for. This may apply if you are still employed but not receiving income because of disruptions to your work situation due to COVID-19.
    • During the period that you ceased working, you must not receive any employment income, self-employment income, unemployment benefits, or benefits under a provincial plan because of pregnancy or in respect of the care of new-born or adopted children.

     

    Read how to prepare your CERB application

     

  • Canada Emergency Wage Subsidy (CEWS)

    Date Posted: April 2, 2020

    Today, CADA welcomed the details on the new Canada Emergency Wage Subsidy (CEWS) program announced by Finance Minister Bill Morneau. At this time, these are the most important highlights for dealers:

    • The Canada Emergency Wage Subsidy would apply at a rate of 75 per cent of the first $58,700 normally earned by employees – representing a benefit of up to $847 per week;
    • The program will be in place for 3 months, retroactive to March 15th and until June 6th;
    • Dealers of all sizes who have experienced a decline in gross revenues of at least 30% from last year in March, April and May would be able to access the subsidy. Dealers will have to re-apply each month and should begin gathering the 2019 comparison data now to be ready to apply;
    • Entitlement to the amount of the wage subsidy is based entirely on the salary or wages actually paid to employees. Employers need to make their best-effort to top up employees’ salaries;
    • Funds will be available through an online portal via CRA in the next 3-6 weeks. CADA will share the link as soon as it is available. The Finance Minister noted that funds will be available in 3-6 weeks, so dealers are encouraged to apply as soon as possible to ensure that they are able to access these funds as soon as possible;
    • Dealers should ensure they have a direct deposit system in place with CRA so that can be utilized to receive the benefits;
    • Eligible remuneration may include salary, wages, and other remuneration. These are amounts for which employers would generally be required to withhold or deduct amounts to remit to the Receiver General on account of the employee’s income tax obligation. However, it does not include severance pay, or items such as stock option benefits or the personal use of a corporate vehicle.

    The Prime Minister also announced that Parliament will be recalled once again for an emergency sitting to pass additional measures that were announced Friday, including the CEWS. The government is working with opposition parties to determine the date for the emergency sitting.
    Please remember that the government also delivered on short term liquidity request from CADA with more details to come. These include:

    • Allowing dealers to defer all GST/HST payments until June 2020.
    • New Access to Credit through Small and Medium-sized Enterprise Loan and Guarantee programs.
    • Defer the payment of income taxes until August 31, 2020.

    These are substantial wins for dealers, after a concerted push by CADA and dealers from across the country over the weekend and early this week. We would like to thank everyone for their efforts, and for you to know that CADA will continue to advocate for dealers and their needs during this health crisis and long after it.

  • Internet Selling and Sales to Remote Consumers

    Date Posted: April 2, 2020

    The Consumer Protection Act (CPA), through the Internet Sales Contract Regulation (ISCR), allows vehicles to be sold online and remotely to consumers. It is important to note that regardless of the business model, the CPA, the Vehicle Inspection Regulation (VIR) and the Automotive Business Regulation (ABR) must be followed.

    Shopping on the internet is a different consumer experience than shopping at a dealership or a car lot. The ISCR applies to Alberta residents or people purchasing goods or services from Alberta businesses that sell online. This regulation does not apply if a consumer is buying from a private individual.

    Remote consumers can purchase or lease a motor vehicle from an AMVIC-licensed business without visiting the automotive business’s registered premises for the purpose of purchasing the vehicle. Online sales are permitted as long as the business has a brick and mortar location.

    Disclosure requirements
    It is important that internet consumers are provided with all required information and it must be prominently displayed on the business’s website. There are different disclosure requirements in both the ABR and the ISCR, and all requirements must be complied with. For example, the ISCR requires disclosure of refund policies. The ABR is specific in requiring a Mechanical Fitness Assessment and disclosure of the vehicle history information. Disclosure of information as set out in the ISCR and the ABR can be found on amvic.org. The Government of Alberta has produced a helpful factsheet on internet shopping.

    Internet sales Q & A

    Can a traditional automotive business also sell vehicles online to consumers?
    Yes, as long as they hold an AMVIC licence for retail sales or lease.

    Can an automotive business take a vehicle to a consumer’s home for a test drive?
    Yes, as long as the test drive is solely to evaluate the vehicle’s performance, suitability and/or condition prior to purchase or lease and for no other purpose. A best business practice would be to have the terms and conditions of the test drive reviewed by the consumer prior to the test drive taking place. This will clarify if the vehicle can be kept overnight, what happens if there is an accident, etc.

    Can an automotive business take a contract to the consumer’s home so they can sign it if they like the vehicle?
    If there are documents to be signed, they must be delivered to the consumer by an AMVIC-registered salesperson.

    Can an employee or third party delivery service be used to deliver a vehicle to a consumer’s home?
    Yes, if the bill of sale has been signed and all required disclosure is provided to the consumer by an AMVIC-registered salesperson prior to delivery of the vehicle.

    Why does the ISCR allow for cancellation of the contract when in a traditional sale consumers are told there is no “cooling off” period?
    The ISCR allows for cancelling of the contract under very specific circumstances, such as the vehicle is not as represented to the consumer, or the disclosure or delivery requirements were not met.

    No “cooling-off” period refers to a situation such as a consumer decides they don’t like the vehicle or they can’t afford the payments. In those cases, the vehicle cannot be returned.

    Internet sales come with greater requirements as per the ISCR as compared to a traditional transaction. The burden of understanding those requirements rests with the automotive business or there is a risk the consumer will be able to cancel the contract. Automotive businesses should ensure they are complying with the regulation.

    What if the consumer wants to cancel the internet contract? What if the business fails to refund the money after being given proper notice?
    Recourse for the consumer is taking legal action to recover the debt. Suppliers are encouraged to refer to Sections 6 and 7 of the ISCR.

    What about sales to a remote consumer who is buying the vehicle sight unseen? What are the automotive business's legislative requirements?
    These consumers are potentially the most vulnerable. The ISCR requires automotive businesses ensure these consumers receive full, clear and comprehensible disclosures of vehicle information. Automotive businesses are expected to provide these consumers with the opportunity to inspect and drive a vehicle, and to cancel the contract if the vehicle is not suitable or not as represented.

    Please visit the laws and regulations page for more information on legislation and compliance.

    Visit amvic.org for more information on internet sales.
  • City of Edmonton Vehicle for Hire Bylaw

    Date Posted: April 2, 2020

    Please review this bylaw as it may affect your shuttle services.

    Also, you may want to utilize the bylaw guidelines to establish test drive protocols.

  • Canada Emergency Wage Subsidy

    Date Posted: April 1, 2020

    Government Announces Details of the Canada Emergency Wage Subsidy to Help Businesses Keep Canadians in their jobs.

    Click here to view.

  • Canada Emergency Wage Subsidy (CEWS)

    Date Posted: March 30, 2020

    CADA worked hard over the weekend with Prime Minister’s Office, the Minister of Finance’s office, and the Minister of Small Business’s office to ensure that dealers are covered by the 75% wage subsidy announced on last Friday – and we are proud to report that our efforts over the weekend have been successful. We would like to thank all dealers who sent letters to their respective MPs through our letter-writing tool over the weekend. Our collective efforts have resulted in 1,000+ letters sent over the weekend to MPs across the country.

    Today, the Prime Minister announced details regarding what businesses will qualify for the Canada Emergency Wage Subsidy (CEWS).

    To qualify, businesses will have to show a decline of 30% in revenue due to COVID-19. The number of employees does not matter, meaning dealers with several locations will qualify for the subsidy. CADA spoke directly with the Minister of Finance senior staff this morning and confirmed that this is a direct response to our request to cover businesses of all sizes such as dealers.

    The CEWS will cover 75% on the first $58,700 of salaries, which is up to $847/week. This subsidy will be backdated to March 15, so dealers who have seen revenue falls of 30% or more by this date will be able to claim this subsidy right away.

    The Prime Minister warned there will be serious consequences for businesses who attempt to cheat or abuse the system. All businesses that can should (if possible), top up the remaining 25%. The Prime Minister also emphasized the good faith nature of this fast-moving approach.

    CADA will have further details to share tomorrow, after the Minister of Finance and Minister of Small Business provide us with additional details.

    These details come after CADA’s key recommendations of deferred GST/HST, increased liquidity access for small businesses, and the workshare program were announced on Friday as part a package of business supports tools by the Prime Minister.

    We will continue to fight on behalf of dealers, to ensure that they are able to stay open for business, employee hard working Canadians, and continue to serve customers long after the health pandemic is over.

    More details on announced items key to dealers:

    Deferred GST & HST payments, duties and taxes on imports until June 2020

    • This is equivalent of providing up to $30 billion in interest-free loans to all Canadian businesses.
    • Deferred payments to allow businesses to have more liquidity on hand to survive the financial impact of COVID-19.

    Canada Emergency Wage Subsidy - up 75% of wages covered for qualifying dealers

    • The government’s previously announced wage subsidy of 10% has been increased to 75%. CADA worked hard to ensure that the definitions of qualifying businesses will include all dealers, so they can take advantage of this important tool and keep their employees on payroll.
    • CEWS will cover 75% of first $58,700 of workers’ salaries, or up to $847/week.
    • This subsidy will be available for up to three months and retroactive until March 15, 2020, allowing dealers to keep or potentially re-hire laid off staff.

    New Access to Credit through Small and Medium-sized Enterprise Loan and Guarantee program

    • The government announced $12.5 billion of additional support and access to credit through EDC and BDC to help small and medium-sized enterprises with cashflow requirements through the new Small and Medium-sized Enterprise Loan and Guarantee program.
    • Businesses can apply for a guaranteed loan through their banking institution to access this additional financial support.
    • Loans of up to $6.25 million will be made available to small and medium-sized businesses in Canada directly through their financial institutions.

    Canada Emergency Business Account

    • Banks will offer $40,000 loans, guaranteed by the government to qualifying small businesses and loans will be interest-free for the first year. Qualifying businesses must have payrolls of less than $1 million.
    • If certain conditions are met, a 25% loan forgiveness will be available up to $10,000.
    • Loans will be available through eligible financial institutions and will be fully guaranteed and funded by the Government of Canada.
  • COVID-19 Update for Dealers

    Date Posted: March 26, 2020

    Given the ongoing situation related to the COVID-19 crisis and its impact on businesses and the economy as a whole, CADA is working closely with the Federal Government’s Small Business Directorate and Finance Canada to ensure we are providing up-to-date information to Government officials and have information to share with dealers across Canada.

    In addition to CADA’s own member COVID-19 resource portal, the following government link provides up-to-date information on what government support is available to businesses and Canadians on an ongoing basis: Canada’s COVID-19 Economic Response Plan: Support for Canadians and Businesses

    Please note that some of the announced measures only received Royal Assent this afternoon, and should be accessible in the very near future. CADA also anticipates additional measures and plans to be announced in the coming days and weeks.

    CADA will continue to represent your interests with government officials and decision-makers throughout this crisis. Please stay safe and let us know what more we can do to help.

    Below is the list of announcements most relevant to dealers:

    • Canada Emergency Response Benefit (these were previously announced as the “Emergency Support Benefit” and the “Emergency Care Benefit” that, as of today, have been combined into 1 benefit to allow Canadians to access the funds quicker):
    1. Provides up to $2,000 a month for the next four months to workers who aren’t receiving pay due to COVID-19. Those who have lost their job, contractors, self-employed, those who are sick, in quarantine, taking care of children or seniors all are covered.
    2. Even if you still have a job but with no salary, you can receive the benefit.
    3. All employees of a business, including the owner, are eligible.
    4. Online portal for applications will be available soon and Canadians can receive the benefit within 10 days of applying. Government is aiming to have portal ready by April 6th.
    • Eliminating the payroll tax for three months by providing a 10% wage subsidy to small businesses;
    • Helping businesses with cash flow by deferring tax payments until August 31st;
    • Establishing a coordinated approach with the financial sector: cutting interest rates to 0.75%, and major banks increasing lending capacity by $300 billion;
    • Establishing a Business Credit Availability Program through BDC and EDC worth $10 billion – providing more short-term loans, working capital, and export insurance-credit so that more Canadian businesses are supported;
    • Enhancing the Work-Sharing Program to help businesses pay wages so they don’t have to lay anyone off.

    WHERE TO START
    The following links provide the best place to start for dealers looking to access supports for themselves or employees. These websites are:

    1. Visit the website for businesses for information about supporting your employees and your business. It will be constantly updated as the COVID-19 crisis evolve.
    2. Download the Canada Business App to find tailored supports to address your specific needs and questions about COVID-19.
    3. Consult the Canadian Chamber of Commerce’s pandemic preparedness guide to help prepare your business in the days and weeks to come.

    More announcements will be made in the coming days and weeks, and CADA continues to advocate for urgent measures to address immediate business needs.

    In addition to the work CADA is doing, please review the list of industry support for Canadian businesses, and keep on the lookout for ongoing updates as we continue to work on your behalf to get through this crisis.

    INDUSTRY SUPPORT
    List of relevant and official information sources regarding COVID-19:

    As noted above, please see this link for what government support is available to businesses and Canadians on an ongoing basis: Canada’s COVID-19 Economic Response Plan: Support for Canadians and Businesses

     

     

  • CADA Website Resources

    Date Posted: March 24, 2020

    As we watch this unprecedented situation unfold, rest assured that CADA is working hard to protect your interests.

    Providing information is a key support we can provide to our dealer members in this difficult situation.

    Visit cada.ca/COVID-19 for resources to help your dealership, such as information bulletins, industry news, FAQ's and more.  We are regularly posting new content, so be sure to check back often.

    For dealers on our CADA 360 Program;

    1)  We are implementing an immediate two-month premium relief.  Premiums for April and May coverage will be waived.

    2)  There will be no renewal rate changes until the 2021-2022 policy year.  Rates will be frozen and guaranteed until the dealership's next renewal, on or after July 1, 2021.

    3)  We are expanding our standard provision for extending benefits during a layoff.

    Please visit cada.ca/COVID-19 for details.

  • Premium Relief Measures for Employers

    Date Posted: March 23, 2020

    The Government of Alberta has recently announced new measures to provide financial support to help employers through the challenges of the global COVID-19 pandemic.

    These measures include a deferral of 2020 WCB premium payments for all private sector employers until 2021. When invoicing resumes in 2021, small and medium-sized employers (those with $10 million or less in insurable earnings) will only be required to pay 50 per cent of their 2020 premiums – the other 50 per cent will be paid by the Government of Alberta. More details can be found on our new employer fact sheet.

    On behalf of WCB’s Executive and Board of Directors, we applaud the Alberta government for taking strong measures to help our province’s employers during these unprecedented times. By deferring premium payments, all private sector employers will benefit from having increased financial liquidity. Roughly $350 million in premiums will be waived to support 183,000 small and medium-sized employers during these difficult economic times.

    At WCB-Alberta, we remain focused on reducing the impact of workplace injuries and illnesses, while ensuring we deliver a sustainable system for the injured workers who rely on us and the employers who fund us. As we all work together to overcome the challenges in front of us, know that we are here to support you in any way we can.

  • News Release: Additional Financial Support for Albertans and Employers

    Date Posted: March 23, 2020

    More relief is on the way for Albertans and Alberta employers.

    The government has made three significant decisions that will give Albertans and Alberta employers additional supports as they deal with the impacts of the COVID-19 crisis.
    “Our priority is to keep our province strong while we get through these difficult times together. We’re doing everything we can to support Albertans and Alberta employers through this crisis. That’s why we’re focused on creating tangible savings for households and freeing up necessary cash for businesses to help them through these unprecedented times.” Jason Kenney, Premier

    Education property tax freeze

    During a pandemic, Alberta households should not need to worry about paying additional property taxes.

    • The government will immediately cancel the decision made in Budget 2020 and will freeze education property taxes at last year’s level.
    • Reversing the 3.4 per cent population and inflation adjustment will save Alberta households and businesses about $87 million in 2020-21, which means $55 million for households and $32 million for employers.
    • The government expects that Albertans and Alberta businesses will fully realize these savings and that municipal property tax levels will not be increased as a result of the lower provincial education property tax levels.

    Education property tax deferral for business

    When Alberta businesses are operating, they employ Albertans who can support themselves, their families and help keep the economy running. Effective immediately, the government will defer education property tax for businesses for six months.

    • In the next six months, $458 million in cash will remain with employers to help them pay employees and continue operations.
    • The government expects municipalities to set education property tax rates as they normally would, but defer collection. Deferred amounts will be repaid in future tax years.
    • The government encourages commercial landlords to pass on these savings to their tenants through reduced or deferred payments. This will help employers continue to manage their debts, pay their employees and stay in business.
    • Businesses capable of paying their taxes in full are strongly encouraged to do so. This will assist the province in being able to support Albertans through this pandemic.

    “Eliminating the scheduled adjustment of education property taxes and deferring collection of non-residential property taxes will result in savings to Albertans and improved business cash flow. This measure will help Alberta households and businesses during this time – we want to keep Albertans working while we get through these difficult times together.” Travis Toews, President of Treasury Board and Minister of Finance

    WCB premiums deferral for private sector businesses and support for small and medium businesses

    Private sector employers can save money on their WCB premium payments at a time when they need it most. These actions ensure the sustainability of the workers’ compensation system and that injured workers continue to receive the benefits and supports they need to return to work.

    • Private sector employers will have immediate financial relief by deferring WCB premiums until early 2021, effectively for one year.
    • Employers who have already paid their WCB premium payment for 2020 are eligible for a rebate or credit.
    • For small and medium businesses, the government will cover 50 per cent of the premium when it is due.
    • Large employers will also receive a break by having their 2020 WCB premium payments deferred until 2021, at which time their premiums will be due.
    • Paying 50 per cent of small and medium private sector WCB premiums for 2020 will cost government approximately $350 million.

    Additional measures to help families, students and employers

    Previously announced measure taken by the province to protect Albertans and assist businesses include:

    • The collection of corporate income tax balances and installment payments is deferred until Aug. 31, 2020. This gives Alberta businesses access to about $1.5 billion in funds to help them cope with the COVID-19 crisis.
    • $50 million to support emergency isolation for working adult Albertans who must self-isolate, including persons who are the sole caregiver for a dependent who must self-isolate, and who will not have another source of pay or compensation while they are self-isolated. It is distributed in one payment installment to bridge the gap until the federal emergency payments begin in April.
    • Utility payment deferral for residential, farm, and small commercial customers to defer bill payments for the next 90 days and ensure no one is cut off from electricity and natural gas services during this time of crisis.
    • A six-month, interest-free moratorium on Alberta student loan payments for all individuals who are in the process of repaying these loans.
  • COVID-19:  What You Need to Know From a Legal Perspective

    Date Posted: March 20, 2020

    Q: What can we do with an employee if we think they have the virus?
    A: If an employee is returning from a high-risk area, or if the employee is exhibiting symptoms of the virus, the employer can require the employee not to return to work until the employee has been quarantined for 14 days without any symptoms. In some cases there may also be a requirement to provide proof of a negative test or other medical documentation proving he/she does not have the virus.

    If an employee has traveled from an affected area such as China or Italy, you can require them to not return to work until they receive medical documentation proving they do not have the virus.

    For employees required to quarantine themselves, there is a job-protected unpaid leave of absence recently passed by a Government of Alberta Regulation.  There are also provincial and federal benefits for employees who are quarantined for COVID-19.

    Recommendation: Employers should review which of their employees already have vacation time booked.  Employees should be encouraged to observe travel advisories and can be required to observe government travel restrictions. Employees should be told that they will have to observe a 14-day quarantine period before returning to work after any out-of-country travel.

    Q: Can an employee refuse to work for fear of catching the virus?
    A: An employee can refuse to work if there is a legitimate potential safety hazard that cannot be mitigated in the workplace. An employee cannot refuse to work because they are generally nervous about the virus out in the community. If there is a legitimate threat that can potentially be a safety hazard - such as the dealership being in an area of a significant outbreak or another employee of the dealership having Coronavirus - then employees can refuse to work.

    A: If an employee suspects one of their coworkers is showing symptoms of the virus, that may be a legitimate safety hazard. In that situation, you have an obligation to act reasonably to determine if the employee is telling the truth, if they are exaggerating, if steps can be taken to minimize any risks, etc. If you find the sick employee does seem to be exhibiting symptoms, you would likely need to send that employee home.  You can require the symptomatic employee to stay home until he or she has served any required quarantine (usually 14 days).  In some cases, you might also require proof of a negative test/other medical documentation to show they do not have the virus.

    Q: Are forward/customer-facing positions dealing with the public a safety risk?
    A: No, the fact that employees are interacting with the public does not constitute a health and safety risk.

    Q: Can an employer require an employee to provide test results if they have not been travelling to a high risk area?
    A: No, if employees have not traveled to a high-risk area and are not exhibiting symptoms of the virus, you cannot ask for test results. Given the current crisis, it is difficult to get tested, so there must be a good reason in order to get a test in the first place. You may be able to require a quarantine though for symptoms, recent travel, or other high-risk circumstances (e.g., living with some who has the virus).

    Q: Are employees allowed to wear gloves and masks in the workplace?
    A: Within reason, employers are generally allowed to direct what employees wear at work. It may be reasonable for employees to wear gloves and masks if they are working in close proximity to other people.  If an employee is uncomfortable remaining at work without gloves or a mask, the employee might choose to stay home instead, which would be on an unpaid basis.

    Q: What are our responsibilities if someone is found to be infected with the virus?
    A: As part of your COVID-19 policy or communications to employees, designate a specific individual as the contact person for COVID-19. Communicate with employees regarding a contact person in the event they contract COVID-19 or become aware they have come into close contact with someone with COVID-19. When an employee contracts COVID-19, Alberta Health Services is likely to ask for a contact number for the employee’s workplace. If your employees know who to identify to the public health authorities, you are more likely to be contacted quickly and will gain valuable time in your response.

    You may be advised of a positive result by your employee or the public health authorities. Confirm you have complete and accurate information from your employee and/or the public health authorities. If speaking directly with your employee, confirm whether Alberta Health Services or their health provider has advised the employee has tested positive or is presumed positive.

    Offer any resources to your employee that are available through the workplace (such as an Employee Assistance Program, etc.).  Your employee may be under stress and need support.

    The employee would need to self-isolate and not be allowed to come to the workplace.  The employee would not be allowed to return until recovered from COVID-19 and permitted by health authorities to return.  Individuals who have tested positive for COVID-19 may be required to self-isolate until they have a follow up test(s) and test negative. However, not everyone will be tested. For example, some confirmed positives will not receive follow-up testing. In some cases, individual are not tested but are presumed positive because of close household contact with a confirmed case. Other examples will exist. We understand that the current guidance from Alberta Health Services is for an individual to continue to self-isolate until they have tested negative or until 10 days after their symptoms end. Ensure that your employee remains off work for at least 14 days total, at least 10 days after symptoms resolve, or any other period specifically recommended by Alberta Health Services or the employee’s health provider. Be aware that staying home for 14 days may not be enough for an employee who contracts COVID-19 and encourage employees to work with Alberta Health Services and their health care provider to determine when it is safe to come back to work.

    You would need to observe any Alberta Health Services requirements in respect to that employee, other employees, and the dealership itself.

    Q: What do we do with the remainder of the staff if someone is found to be infected with the virus?
    A: Generally, you would follow any directions or advice from Alberta Health Services. You may need to require other employees to stay away from work.  Such employees might be entitled to sick leave or short-term disability, depending on your policies; otherwise they would be covered by the new provincial or federal benefits.

    First, you should complete a hazard assessment to determine the risk to your workplace and employees.  Identify the date on which the employee tested positive and/or the date their symptoms first developed.  Identify when the employee was in the workplace in the 14 days prior to the positive test and the areas of the office where they were physically present so that these areas can be sanitized immediately by a qualified professional.  Identify the co-workers the employee had ‘close contact’ with prior to being quarantined. Close contact in the employment context means working in close quarters (within 2 metres) with someone while they were infectious, or being in direct contact with that persons’ bodily fluids due to their coughing and/or sneezing.

    Once close contacts have been identified, the employer should contact those employees and advise them that it is believed that they worked in close contact with someone who tested positive for the virus.  In order to protect the workplace, the employer should request that the employees self-isolate for 14 days and contact Alberta Health Link at 811 if they develop symptoms.  Expect that Alberta Health Services may also be reaching out to close contacts to advise them of a potential exposure to COVID-19.

    Employers will need to consider whether a temporary closure of all or part of the workplace may be required in order to protect employees, ensure self-isolation of the necessary employees, and or complete a thorough cleaning of the office.  Assess what additional sterilization or cleaning of the workplace is required.

    Where appropriate, advise employees in the same workplace who did not have close contact with the positive employee to self-monitor for symptoms (cough, fever, shortness of breath) and to self-isolate and call 811 if they develop any symptoms.

    Q: Can we disclose the name of someone who shows symptoms or has tested positive?
    A: When responding to a positive case of COVID-19, employers should be careful not to disclose the identity of an individual who tests positive for the virus.  Should this disclosure be necessary to protect other employees or the workplace generally, it is possible that disclosure would be permitted under section 17(i) of the Personal Information Protection Act.
    Make sure you are acting on accurate information.  If you incorrectly disclose an employee has the virus, you can incur liability.

    Q: Can we ask employees who have not traveled, but their family has traveled to China in the last 3 months, for test results?
    A: If you have information that an employee’s family member has traveled to an affected area you need to find out:

    a) if they have been in contact with your employee and
    b) if family members have received any positive test results or have any symptoms.  If your employee says they have been in contact with someone who is exhibiting symptoms, this is enough evidence for you to require the employee to self-isolate and possibly get tested.  The employee can return to work upon completing a quarantine period or providing evidence of a negative test result or a medical clearance to return to work.

    The fact that family members have been travelling is not enough to ask for testing.  You need to establish your employee has been interacting with a family member who was travelling to a high-risk area, one with a significant outbreak.

    Q: Can employees easily and quickly access COVID-19 doctors tests and results?
    A: Testing resources are currently under heavy use.  Results are currently being provided within about 5 days.

    Q: Are you familiar with a fee involved with doctor’s office testing?
    A: Testing is being handled by Alberta Health Services at designated sites.  There is not currently a fee, but not everyone can get a test just because they want one.

    Q: Service advisor has asked if he can refuse to serve a customer who is exhibiting symptoms.
    A: Your employee can refuse to serve a customer to who is exhibiting symptoms, the same as refusing to interact with a fellow employee exhibiting symptoms.  You may want to train your staff in how to handle the issue should it arise or implement a point of contact in order to resolve the issue without loss to business or future relationships.

    Q: Are you required to pay an employee who voluntarily stays home until testing negative for the virus?
    A: No you are not.  This situation may also be a situation where you can impose disciplinary action.  The situation needs to be clarified further to make sure there are no other reasons to this voluntary absence in order to impose disciplinary actions.  Given the heightened sensitivities at present and the risk of negative publicity and social media, caution should be exercised before disciplining an employee who wants to stay home because of health concerns.  The safer course is to simply let the person stay home on an unpaid leave.

    Q: Can a dealer be held liable if an employee thinks he or she has contracted the virus from inside a customer’s vehicle in-house being serviced?
    A: No, provided that the employer was not aware of the fact that the customer with the vehicle had the virus.  However, this would likely be a WCB issue anyway.  If there was liability, it would likely be under Occupational Health and Safety.

    Q: Can we put signs up asking customers who have traveled to infected areas to reschedule their visits to the dealership to a later date?
    A: Yes, you can do this.  You should consider having one point of access into the dealership and consider having someone at the front door screening people to see if they are exhibiting symptoms.

    Q: Can you ask a customer to obtain a test and share the results with your employees?
    A: You can ask; however, the customer is under no obligation to do that.  If the customer does acquire a test and is found to be positive, you would need to be careful about disclosing the customer’s name to employees.  You would need to inform employees who had contact with the customer so that they might self-isolate if necessary (see answer above for when an employee tests positive).  The customer would need to stay away from the dealership until they have recovered.

    Q: Can you post literature about what procedures you require upon entering your business?
    A: Yes, you can ask for procedures and processes to be followed while conducting business within your dealership.  Requirements should be reasonable.

    Q: Because of the constant spread of the pandemic, how do we define high risk areas?
    A: The World Health Organization website has that listed, as do other Canadian sources.  If you receive the information from a credible news source and base your decision off legitimate information, you will not be faulted for that.

    Q: Do we have grounds for termination should an employee lie about having the virus?
    A: If you have a situation where you can prove that your employee lied to you about being positive, but was actually negative, or lied to you about being positive, when actually negative, this can be grounds for termination with just cause.

    Q: How do you recommend we deal with an employee who may be too paranoid and is spraying his work area with chemicals or leaving mothballs around the work area.
    A: An employee wiping down the workstation with disinfecting wipes daily is considered reasonable to protect the employee and coworkers.  If an employee is acting in an unreasonable manner, you need to have a conversation with that employee.  If the employee insists upon unreasonable behaviour, the employee may be required to stay home and you would not necessarily be required to pay them.  You must be very clear that the employee has a choice; stop acting in this manner or stay at home in an unpaid manner.

    If you know the employee has a mental disability or comes in with a doctor’s note stating that there is a mental health issue, you will want to know this information so you can ask for follow up before the employee returns to work to make sure the doctor feels the employee is able to do so.

    Q: If we send an employee home under suspicion of infection and there is a delay in being tested, do we have to pay them for the time off if the test comes back negative?
    A: You should treat this similar to any other case of sickness or disability requiring evidence that an employee is safe to return to work.  If the suspicions are reasonable, you would not likely be required to pay the employee, other than applicable sick leave or short-term disability.  If your suspicions are based on weak grounds and the employee does not have the virus, you may be required to pay the employee for the time held out from work.

    Q: If a business needs to close for any concerns, does the employer have to pay the employees?
    A: If you close all operations, you would need to look at employee layoffs.  Layoffs under the Employment Standards Code are subject to 1 week of notice or pay in lieu of notice for employees employed less than 2 years, 2 weeks of notice or pay in lieu of notice for employees employed for 2 years or more, or as soon as practicable if unforeseeable circumstances make it impossible to give 1 or 2 weeks’ notice (e.g., in a mandatory shut-down for medical reasons).

    Q: If a second employee tests positive in the workplace and has reason to believe they contracted the disease while at work, would it be a WCB case?
    A: Yes, it could be considered to be a workplace disease/injury/event.  This is yet to be determined.
    If you have someone who tested positive and you as an employer did not take appropriate action and precautions in the workplace to prevent the spread to other people or not inform your employees of the situation, this could be seen as an Occupational Health and Safety violation.

    Q: If a customer tests positive and then an employee is found to test positive, can this be considered a WCB case?
    A: There is a very real possibility this could be considered a WCB case, it is not certain at this point.

    Q: If an employee tests negative, can you utilize their paid sick or floater days to cover for the absence?
    A: If the employee wants to utilize them then yes.  Eligibility will depend on your sick leave or short-term disability policy.  If the employee prefers, time off for testing could be treated as an unpaid leave.

    Q: If an employee tests positive for COVID-19 would they be able to collect EI while absent?
    A: Provided they have the insurable earnings built up, they would be able to collect EI benefits.  The Government of Canada has expanded the EI program to provide coverage for benefits even related to quarantine when someone is not actually sick.

    Q: If an employee tests positive, how long must we keep the position open and what happens if they don’t return in 6 months or more?
    A: If the employee is not able to return to work due to a medical issue the employer must leave that position open for them to return to, unless you receive documentation from their doctor stating they are not able to return to work now or in the future.
    In Alberta, employees are entitled to 16 weeks of unpaid leave for illness or injury, during which time they cannot be terminated or laid off.

    Another person can temporarily fill the position while the employee is off; however, the employer usually has to allow the employee to the position if and when they are able to.

    Q: Do you recommend employers develop a pandemic policy?
    A: Yes, it can be very helpful.  It is a good idea to implement policies for such things as COVID-19.  Just be sure to have the policy vetted to ensure it is legally compliant with Employment Standards and human rights legislation.

    Q: Has the government mandated what an employer is required to do if an employee has tested positive?
    A: The government has not mandated what an employer is required to do.  However under the Occupational Health and Safety Act, the employer has an obligation to take all reasonable steps to keep their workplace safe.  If someone tests positive, they will need to self-isolate and should not be in the workplace.

    Q: If a 14-day quarantine is imposed by an outside source (not the employer), does the employer need to pay for the time off?
    A: No, because the employer did not impose the quarantine.  It may qualify for sick leave or short-term disability.

    Q: If someone is exhibiting symptoms but refuses to go home, what recourse does the employer have?
    A: The employer should order the person to leave.  In extreme circumstances where the person refuses, you are entitled to contact the police and inform them that there is someone refusing to leave the workplace and the employee is suspected to have the virus.  Do not physically remove them yourself.  You might also have grounds to terminate the employee for insubordination.

    Q: If an employee tests positive and can work from home, can the employer refuse to do so and not pay them?
    A: If the employee wants to work from home and can do so, you should allow it in respect to COVID-19.  You would need to compensate them for such work and allow them to do so.

    Q: Can an employer be held liable for not providing employees with masks?
    A: No, not at this point.  However an employer should be providing disinfectant soap or sanitizer at this point.

    Q: Can an employer ban non-work travel for employees?
    A: An employer generally cannot prohibit non-work travel, but given the current restrictions on travel, it may be possible.  You can require employees who do travel to serve an unpaid quarantine period before returning to work.

    Q: If the government imposes shut downs of certain services such as daycares, schools, restaurants, etc., what are our duties to our employees?
    A: We have seen this happen already.  If an employee needs to care for children and cannot find care or cannot afford care for the children, the employer is probably required to accommodate the employee’s needs under the Alberta Human Rights Act.  This could occur in different ways, depending on what is reasonable for your organization and the employee:

    • work from home;
    • use vacation or banked time;
    • bring children to work;
    • modify shift schedules to accommodate co-parenting or family care responsibilities; and/or
    • allow employees time off work on an unpaid basis.

    Given the sudden loss of school and daycare options, you will likely need to be more accommodating in the short-term than over the longer term.

    Q: If the employer does not have short-term disability coverage and the employee tests positive to the virus, how would they collect earnings?
    A: Provided the employee has enough banked insurable hours they would be able to qualify for EI benefits.

    Q: If an employee goes on a cruise after the government has warned against it can we ask for a negative test result or letter from a doctor?
    A: Yes.  This is unlikely now given the limitation on cruises and travel generally.  The employee could be placed on a quarantine period before returning to work.

    Q: If we have a staff member who has tested positive and he or she has come in contact with customers and their vehicles, do we have to notify the customers?
    A: An employer is not legally obligated to inform the customer.  However, Alberta Health Services officials will be contacting the infected person to find out where they were and who they came in contact with prior to testing positive (see earlier answers on this theme).  At that point there is a strong possibility that the employer will have health officials calling and asking for the customer’s name and contact info so that the health officials can contact the customer.

    Q: If an employer has to pay an employee for being off, is it full pay or minimum wage?
    A: An employer has to pay the employee the regular earnings the employee would have earned had the employee  been at work.

    Q: If working from home is an option and the employee is exhibiting symptoms and has not tested positive, can we ask the employee to work from home?
    A: Yes.

    Q: In the case of a paid leave for a negative test, what comprises regular earnings for commission salespeople who are unable to earn when they are not at work?
    A: Generally, you would need to apply a reasonable average in order to find the appropriate earnings to be paid out.

    Q: Does the employer have to pay the employee for the number of hours worked after the positive test has been proven?
    A: Yes, if the employee actually worked the hours, they must be paid for the hours they worked.

    Q: Now that the WHO has declared this a pandemic, does that not mean all travel is considered High-Risk?
    A: No.  Pandemic is a specific medical definition regarding the rate and geographic spread of a virus.  It does not mean that all travel is high-risk.  However, what is permissible travel continues to be constrained.

    Q: Should we put up signs about not having staff shake hands?
    A: An employer can do that.  However, it might be better to implement this through meetings or emails and conversations with employees.  Signage may be useful to encourage visitors to your dealership to sanitize their hands upon entering and leaving.

  • COVID-19 Update (Courtesy of McLennan Ross LLP)

    Date Posted: March 19, 2020

  • News Release: Protecting Alberta’s Families and Economy

    Date Posted: March 19, 2020

    Government is providing immediate financial assistance to Albertans affected by the COVID-19 crisis.

    New funding and supportive measures will provide immediate financial relief to Alberta’s families, vulnerable populations, local businesses and employers.

    “Albertans are doing their part to keep each other safe and prevent the spread of COVID-19. We are doing ours by assisting Albertans and their families, protecting jobs and supporting workers and employers. We will help shelter Albertans from the economic disruption of COVID-19 now, and position Alberta’s industry and businesses to bounce back when the situation stabilizes. This is an initial set of measures, and more will follow in the days to come.” Jason Kenney, Premier

    Financial supports for Albertans

    Albertans should be focused on their health and not worry about whether they can pay their bills, so the government has put a number of options in place for those struggling financially:

    • Emergency Isolation Support: $50 million
      • This will be a temporary program for working adult Albertans who must self-isolate because they meet the Government of Alberta’s published criteria for self-isolation, including persons who are the sole caregiver for a dependent who must self-isolate because they meet the public health criteria, and who will not have another source of pay or compensation while they are self-isolated.
      • It will be distributed in one payment instalment and will bridge the gap until the federal emergency payments begin in April.
      • We expect the program to be accessible by a simple online application through alberta.ca next week and that funds will be deposited in the accounts of eligible recipients beginning at that time.
    • Utility payment holiday
      • Residential, farm, and small commercial customers can defer bill payments for the next 90 days to ensure no one will be cut off from these services during this time of crisis.
      • This will cover electricity and natural gas, regardless of the service provider.
    • Student loans repayment holiday
      • The government will implement a six-month, interest-free moratorium on Alberta student loan payments for all individuals who are in the process of repaying these loans.

    Banks and Credit Unions

    • ATB Financial customers impacted by COVID-19
      • Personal banking customers can apply for a deferral on their ATB loans, lines of credit, and mortgages for up to six months.
      • Small business customers, in addition to payment deferrals on loans and lines of credit, will be provided access to additional working capital.
      • For other business and agriculture customers, ATB will work with customers on a one-on-one basis and further solutions are being considered at this time.
      • For more information on ATB’s relief program, please visit their website.
    • Alberta credit unions
      • Credit union members will have access to a variety of programs and solutions designed to ease difficulties with loan payments and short-term cash flow.
      • Both individual and business members are encouraged to proactively contact their credit union directly to work out a plan for their personal situation.

    Employers

    Alberta employers are facing significant challenges and uncertainty. To give them increased access to cash in order to pay employees, address debts and continue operations, the government will:

    • defer the collection of corporate income tax balances and instalment payments, due after today, until Aug. 31, 2020. This gives Alberta businesses access to about $1.5 billion in funds to help them cope with the COVID-19 crisis.

    “In these exceptional circumstances, having cash on hand is vital to families and employers and it’s critical we give Albertans this certainty and support. This tax measure will provide timely relief and additional runway for businesses to continue operating and compensating their employees during this difficult time.”
    Travis Toews, President of Treasury Board and Minister of Finance

    Alberta is pleased the federal government has responded to concerns and has taken the recommendation to increase supports to people receiving Employment Insurance. Alberta has contributed far more to the federal government in employment insurance (EI) premiums than it receives in EI support, so it is good to see the federal government providing the support Albertans need in these difficult times.

    Relief Measures Already in Place

     

    Albertans, seniors and vulnerable groups

    • Charitable and non-profit groups will immediately receive an additional $60 million to support seniors and other vulnerable populations disproportionately affected by COVID-19. This is in addition to the $3.9 billion for community and social services allocated in Budget 2020.

    Health care for Albertans

    • The Government of Alberta has committed $500 million extra this year to respond to the public health crisis and to support front-line health professionals working to keep Albertans safe and healthy. This is in addition to the record-high $20.6 billion allocated for health care in Budget 2020. A further $58 million has been allocated to Alberta health care for COVID-19 response by the federal government.
  • Federal Government COVID-19 Assistance Programs

    Date Posted: March 18, 2020

    Click here to view.

  • Shuttle Vehicle Licence Requirements

    Date Posted: March 11, 2020

    Please be advised that shuttle vehicles that have a capacity less than 10 people require a Commercial Level 3 licence plate.

    Shuttle drivers require a Class 4 drivers licence.

    Below is an email received from Alberta Transportation clarifying their interpretation of "for hire".


    When transporting passengers, the circumstances under which the vehicle is being operated determines what class of licence is required. While a Class 5 driver may operate a passenger vehicle with up to 15 seats, they may not operate a vehicle “for hire”. A Class 1, 2, or 4 driver’s license is required if a vehicle is transporting passengers "for hire". The definition of "for hire" can be found in Section 1(j) of the Operator Licensing and Vehicle Control Regulation (OLVCR), which states:

    “(j)“for hire” with respect to a vehicle, means that the vehicle owner or operator, or the operator’s employer, is being paid for the service that the vehicle is being used to provide, but for the purposes of sections 23 and 25, a motor vehicle is not “for hire” when the operator drives a private passenger vehicle for the transportation of passengers on an incidental or occasional basis and receives compensation in respect of the transportation of those passengers only in one or more of the following forms:
    (i) as payment for the kilometers travelled at a rate not exceeding the limit of tax exempt allowance paid by employers to employees as prescribed in section 7306 of the Income Tax Regulations of Canada (CRC chapter 945);
    (ii)as straight reimbursement for out of pocket expenses directly related to the transportation, including, without limitation, gas, parking, gate passes and tolls;
    (iii) in a case where the operator is party to an agreement to provide transportation to only the operator’s family members, members of the operator’s household or persons for whom the operator is a legal guardian, as compensation only to provide transportation to those persons;”

    The key factor is whether the driver of the vehicle is employed predominantly to transport passengers, meaning that transportation is a principal function of that individual’s job requirements. If the person has been hired essentially as a driver to transport passengers, that person will require a Class 4 license on the basis the person is being paid for the service that the vehicle is being used to provide. If the drivers of these vehicles are unpaid volunteers, and the passengers are not paying for the service, they are not operating “for hire”. In this case, the driver may hold a Class 5 licence.

    Based on the information provided in your inquiry, the driver in this scenario will require a Class 4 driver’s licence as long as he or she is being paid to perform the described service and the vehicle passenger size is not more than 15.

    To view the OLVCR online, please visit: http://www.qp.alberta.ca/1266.cfm?page=2002_320.cfm&leg_type=Regs&isbncln=9780779806997.

  • Required Qualifications to Install & Maintain Life Safety Equipment

    Date Posted: February 18, 2020

    Over the past several months, a few Calgary based dealerships have been charged by the Calgary Fire Department Enforcement and Compliance Team for failing to verify the Fire Safety companies employee credentials when having their maintenance inspections on lifesaving equipment such as fire extinguishers, sprinkler systems, and fire alarm systems.

    Simply hiring a licensed fire safety inspection company and assuming that the employees they send to perform the work at your dealership is not adequate on your part.

    YOU MUST CHECK THE QUALIFICATIONS OF THE COMPANY AND THE EMPLOYEES THEY SEND TO YOUR DEALERSHIP TO COMPLY WITH THE FIRE CODE LEGISLATION.  FAILURE TO VERIFY CAN RESULT IN FINES UP TO $100,000.00 PER BUSINESS.

    Please click here for the procedures you must follow regarding required qualifications to install and maintain life safety equipment.

    Please share this information with those responsible for fire safety inspections in your dealership.

  • Electric Vehicle Rebates Available to Municipalities

    Date Posted: December 17, 2019

    How would you like to see more electric vehicle (EV) sales in auto dealerships across Alberta? Did you know that Alberta’s municipalities are eligible for up to $500,000 in rebates for EVs?

    The Municipal Climate Change Action Centre administers the Electric Vehicles for Municipalities program. We are seeking your support to help build awareness of this program with manufacturers and dealers. The program rebates for municipalities to offset the cost of EVs. This program provides rebates for various types of EVs, including passenger, medium-duty, heavy-duty, low speed, and non-road battery electric vehicles and plug-in hybrid electric vehicles.

    Municipalities in Alberta are eager to transition to EV technology. The City of Leduc, City of Airdrie, and Town of Okotoks recently received EV rebates for a passenger car, an ice-resurfacer and offhighway vehicle. Each municipality in Alberta is eligible to receive up to $500,000 worth of EV rebates. Funding is accessible on a first come first served basis until the summer of 2022, or until funding is fully subscribed. Municipalities can also access funding from the Incentives for ZeroEmission Vehicles Program administered by the Government of Canada. This will allow municipalities to access up to $13,000 off the sticker price of a new passenger vehicle, when combined with our rebate.

    As we build awareness of our program with municipalities, we are also notifying manufacturers, distributors, dealerships, and associations involved in the EV industry about this funding opportunity to stimulate supply of EVs. Attached please find a program overview sheet describing our program for dealers and manufacturers. More information about this exciting opportunity is available on our website at mccac.ca.

    On behalf of our team at the Municipal Climate Change Action Centre, we appreciate your support and continued collaboration to help municipal fleets transition to EVs.

    Electric Vehicles for Municipalities Program

     Tables that outline all the financial rebates are found in the guidebook and web page of the Electric Vehicles for Municipalities Program at https://mccac.ca/programs/electric-vehicles-for-municipalities-program.

     

     

  • Recording Devices in Customer Vehicles During Maintenance & Repair

    Date Posted: September 30, 2019

    Dealer concerns regarding the disconnection of recording devices in customer vehicles when vehicles are in for service or repair resulted in the MDA developing a policy informing consumers that recording devices in their vehicles would be disconnected.

    There is no particular legislation which governs a dealer’s conduct with respect to disconnecting audio or visual recording devices in vehicles. Technically, Section 184 of the Criminal Code makes it an offence to record a private conversation (in other words, one that you are not part of) without the parties’ consent. However, in order to be guilty of that offence, the person recording the conversation needs to intend to make the recording of that specific conversation

    We encourage our dealer members to add the following to their work orders and for signage in their service reception area.

    Click here.

  • MDA Lobbying Successful in Eliminating MFA on Lease Buyouts

    Date Posted: September 19, 2019

    Click here to read article.

  • 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.