Agreement for Arbitration Camvap
CAMVAP is a program that can be used to resolve disputes between consumers and automakers through binding arbitration. Disputes relating to alleged defects in the assembly of a vehicle or the implementation of the warranty for new vehicles can be settled under the CAMVAP program. 7.3. LANGUAGE OF THE HEARING 7.3.1. The arbitration must be conducted in all applicable provinces in English or French. In all other provinces and territories, arbitration will be conducted in English and, to the extent possible, in French. 7.3.2. You and the manufacturer may use the services of an interpreter at the hearing. If an interpreter is required, a written request must be made to the Provincial Leader no later than fourteen (14) days before the date of the hearing. The provincial officer finds a court-approved interpreter and ensures that the interpreter is present at the time of the hearing. Any costs of the services of an interpreter shall be borne by the Contracting Party requesting such services.
7.4. CONFERENCE CALL HEARINGS 7.4.1. If the parties agree and the arbitrator deems it appropriate, and where permitted by provincial or territorial arbitration laws, the arbitrator may use a conference call instead of an in-person hearing to hear your claim. The arbitrator and the parties must be able to listen clearly throughout the conference call at the same time. 7.4.2. Conference calls shall be established by CAMVAP on the instructions of the arbitrator. The provincial guide will inform you of the time and procedures of contact. 7.4.3. Conference calls may be scheduled with three (3) days` notice.
The notification may be rescinded if you, the manufacturer and the arbitrator agree. 7.4.4. The hearing rules in section 7.5 also apply to conference call hearings. 7.5. CONDUCT OF CONSULTATIONS 7.5.1. The arbitrator will hear your claim in camera. The only persons entitled to participate in the hearing are: 7.5.1.1. you and anyone of your choice to help you; 7.5.1.2. the manufacturer`s representative and any person of his choice who provides assistance; 7.5.1.3.
the persons to whom you have asked or by the manufacturer to testify, as set out in the exchange of information in section 8.5; 7.5.1.4. the arbitrator; and 7.5.1.5. at the discretion of the arbitrator, either a representative of the Provincial Administrator or the CamVAP National Office. 7.5.2. You may be represented by a lawyer if you wish. If you wish to be represented by a lawyer, you must indicate this in the corresponding section of the application form. All costs associated with the presence of your lawyer are your responsibility. The manufacturer may be represented by a lawyer at his own expense and must inform you of the presence of his lawyer in connection with the exchange of documents referred to in Article 8. 7.5.3. The arbitrator may, at the request of either party, adjourn the hearing after the opening. If the adjudicator agrees to adjourn the hearing, the hearing shall be postponed no later than fifteen (15) days after the date of the original hearing, unless the adjudicator is satisfied that there are reasonable grounds to postpone the hearing to a later date. 7.5.4.
If a party does not attend the hearing, the arbitrator shall adjourn the hearing to a new date. In doing so, the arbitrator may impose conditions appropriate to the circumstances. The Provincial Chief shall notify the parties in writing of the hearing date postponed by fourteen (14) days. If the party who did not attend the hearing before does not do so again on the postponed date, the arbitrator may continue the hearing in the absence of the party who did not attend. 7.6. HEARING SCHEDULE 7.6.1. The Provincial Leader will set the hearing date for a maximum period of fifty (50) days after receipt of your completed and signed application form. 7.6.2. The Provincial Administrator will agree on a date, time and location for the hearing of your claim and will notify you and the manufacturer at least fourteen (14) days prior to the date of the hearing.
7.6.3. The period of fourteen (14) days may be shortened: 7.6.3.1. by mutual agreement of the arbitrator, you and the manufacturer; or 7.6.3.2. by the Provincial Leader, if a conference call is scheduled to negotiate matters relating to eligibility and/or jurisdiction under section 4.5.1. 7.6.4. You or the manufacturer may request a postponement of the hearing by contacting the Provincial Administrator: In accordance with CAMVAP, the arbitrator may make one or more of the following arbitral awards: 6.1. THE MANUFACTURER BUYS BACK YOUR VEHICLE 6.1.1. This bonus can only be awarded if your vehicle has travelled less than 60,000 kilometres at the time of the hearing and has not been in service for more than thirty-six (36) months at the time of the hearing. 6.1.2. The amount of the purchase of your vehicle will be calculated as indicated in Article 19 for clean vehicles or in Article 20 for rented vehicles.
6.1.3. If the arbitrator issues a notice of redemption, you are responsible, to the extent permitted, for claiming any provincial or territorial sales tax paid in the province or territory where you purchased your vehicle. 6.1.4. If the arbitrator makes a redemption decision, the manufacturer will refund any Goods and Services Tax (GST) or Harmonized Value Added Tax (HST) paid on the purchase of your vehicle and will be adjusted to reflect a discount on the use of your vehicle. 6.1.5. If the arbitrator issues a redemption reference, the following requirements apply: 6.1.5.1. You must ensure and warrant that your vehicle is free and free from any third party security, hypothec, lien and hypothec (collectively, the “Lien”). 6.1.5.2.
In the case of a leased vehicle, upon receipt of a redemption premium through the provincial administrator, you must provide the manufacturer with a written statement from the landlord that your lease payments are current or if you owe arrears to the lessor. If the declaration provided by the Lessor indicates that your account with the Lessor is in default at the time of delivery of your vehicle to the manufacturer, Article 20.2 will apply. Payment may be made under the same conditions as set out in section 6.1.5.8. 6.1.5.3. If your vehicle is the subject of a lien, the manufacturer will make the payment: 6.1.5.3.1. with you as the owner and secured creditor; or 6.1.5.3.2. alternatively directly to the secured creditor to satisfy the lien, the remaining funds being then sent directly to you; and 6.1.5.3.3. When your vehicle is rented, the manufacturer pays your claim to you as a lessee and separately to the lessor and the secured creditor. 6.1.5.4. As the owner or lessee, you must provide a compensation agreement for any claim that may be made by the secured creditors against the manufacturer in connection with your vehicle. 6.1.5.5. You must agree to deliver your vehicle to the manufacturer or an authorized dealer who accepts them, as well as to the manufacturer, within twenty-one (21) days of receipt of the arbitrator`s order.
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