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Is There a Lemon Law in Canada?

By Recording Law Editorial Team8 min read
Is There a Lemon Law in Canada?

Frequently Asked Questions

Does Canada have a lemon law like the United States?

No, not in the way most U.S. states do. Canada has no federal lemon law, and until Quebec's 2023 reform, no province had one either. Instead, Canadians rely on manufacturer warranties, the CAMVAP arbitration program, provincial consumer protection law, and small claims court.

What is CAMVAP and who can use it?

CAMVAP, the Canadian Motor Vehicle Arbitration Plan, is a free, binding arbitration program for disputes over manufacturing defects or how a manufacturer has honoured its new-vehicle warranty. It generally covers vehicles from the current model year and the four previous model years with fewer than 160,000 kilometres, as long as the manufacturer participates.

Which manufacturers do not participate in CAMVAP?

BMW and MINI are the most commonly cited holdouts. Owners of those brands cannot use CAMVAP and need to rely on the manufacturer's warranty, provincial consumer protection law, or small claims court instead.

Is Quebec's anti-lemon rule the same as an American lemon law?

It is closer than anything else in Canada, but it is narrower. It only applies to new vehicles within their first three years or 60,000 kilometres, requires specific repair-attempt or downtime thresholds to be met, and works through a court petition rather than an automatic buyback.

Is there a three strikes rule for repairs anywhere in Canada?

Only in Quebec, and it is not exactly three strikes. A vehicle there can qualify as seriously defective after three failed attempts at the same repair, more than 30 days in the shop for one or two attempts, or twelve attempts at unrelated problems. No other province has a fixed repair-count rule.

Does an implied warranty cover a used vehicle bought from a dealer?

Generally yes. Provincial Sale of Goods Act rules imply a basic warranty of merchantable quality and fitness for purpose into most dealer sales of new or used vehicles, even without a written promise, though enforcing it usually means a complaint to the dealer, a tribunal, or small claims court rather than an automatic remedy.

Sources and References

  1. Innovation, Science and Economic Development Canada, Office of Consumer Affairs - Recourse for Vehicle Defects (confirms Canada has no lemon laws; describes warranty, CAMVAP, and small claims court recourse)(ised-isde.canada.ca).gov
  2. CAMVAP (Canadian Motor Vehicle Arbitration Plan) - Before You Apply (eligibility: current + 4 prior model years, under 160,000 km, remedies available)(camvap.ca)
  3. CAMVAP - Frequently Asked Questions (no-cost to consumer, 70-90 day process, remedy caps for diagnostic/out-of-pocket/witness/aftermarket-part reimbursement, available in all provinces and territories)(camvap.ca)
  4. Office de la protection du consommateur (Quebec) - Anti-Lemon Warranty for Recent Automobiles (3-year/60,000 km window, 3/12-attempt and 30-day thresholds, remedies via court petition)(opc.gouv.qc.ca).gov
  5. Office de la protection du consommateur (Quebec) - New Protections for Consumers (Bill 29 rollout dates, including the October 5, 2023 anti-lemon provision)(opc.gouv.qc.ca).gov
  6. Office de la protection du consommateur (Quebec) - New Automobile Purchased From a Dealer: Resolving a Problem (confirms CAMVAP is available to Quebec consumers alongside provincial remedies)(opc.gouv.qc.ca).gov
  7. Government of Ontario (e-Laws) - Sale of Goods Act, RSO 1990, c S.1 (implied condition of merchantable quality and fitness for purpose, s 15)(ontario.ca).gov
  8. Legis Quebec - Consumer Protection Act, CQLR c P-40.1 (statutory basis for the anti-lemon and used-automobile warranty of good working order provisions)(legisquebec.gouv.qc.ca).gov
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