Dealer Inquiries Guideline

The Ontario Motor Vehicle Industry Council (OMVIC) administers and enforces the Motor Vehicle Dealers Act, 2002 (MVDA), its regulations and Code of Ethics, as well as relevant sections of the Consumer Protection Act (CPA), on behalf of Ontario’s Ministry of Public and Business Service Delivery and Procurement. OMVIC’s mandate is to maintain a fair and informed marketplace by protecting the rights of consumers, enhancing industry professionalism, and ensuring fair, honest, and open competition for registered motor vehicle dealers.

The purpose of this guideline is to clarify for Registrants when they are required under the MVDA and its regulations to contact OMVIC. The guideline also provides Registrants with greater clarity about when they should contact either Dealer Support or Registration, depending on the issue at hand, and how to do so.

Dealer Support

The Dealer Support team has three primary functions: advisory services, industry support, and analysis and research. Its role is to foster increased industry compliance and regulatory awareness, and to enhance consumer protection. The Dealer Support team is available to assist dealers in achieving and maintaining compliance with the MVDA and Code of Ethics through education and guidance. Registrants who wish to contact Dealer Support can reach the team at the phone number below and leave a message. Messages are returned in priority sequence.

Registration

The registration process includes careful screening of all applicants. In order to be registered, all applicants must meet the requirements stipulated in the MVDA. Registrations are valid for a limited time, and renewals are conditional on registrants having operated with honesty, integrity, financial responsibility and in accordance with the law. The Registration Department encourages dealers to take advantage of the online services offered through the Registration page on OMVIC’s website.

Current legislation and regulations

MVDA Section 6 (Registration)

The Registrar may impose terms and conditions on Registrants. Registrants might choose to contact OMVIC about their terms and conditions, for example, when:

• There has been a substantive change in their business plan or information provided in obtaining the registration; or
• They have taken on any new private financing or changed their bank account.

OMVIC contact: Registration

MVDA Section 24 (Notice of changes to Registrar)

• Sub-section 1 requires the Registrant to notify the Registrar within five days of any change in address; change in the corporation or associated partnership; or any changes in officers, directors.
• Sub-section 2 requires the Registrant to notify the Registrar within five days of the hiring or termination of salespeople.

OMVIC contact: Registration

Regulation 333/08, Section 14 (Condition of registration for registered salespersons)

If a salesperson is employed by more than one Registrant/dealership, all the Registrants/dealerships involved must provide written consent to the Registrar.

OMVIC contact: Registration

Regulation 333/08, Section 31 (Notice of events to the Registrar)

• Sub-section 1: Dealers must notify the Registrar in writing within five days if there is any change of the information supplied for the purpose of registration. This includes, for example, if charges have been laid against the Registrant since the time of registration.
• Sub-section 2: The same duty of notification also applies when shares in a dealership are issued or transferred, and those receiving the shares stand to accumulate 10 per cent or more of all the issued and outstanding shares of the company.

OMVIC contact: Registration

Regulation 333/08, Section 55 (Reporting of unavailable records)

Registrants are required to notify the Registrar within five days if required records become unavailable due to force majeure, such as – for example – a fire, flood, epidemic or earthquake.

OMVIC contact: Dealer Support

Regulation 333/08, Section 58 (Trust account)

Sub-section 3 requires dealers, within 90 days, to file with the Registrar a copy of the agreement with the financial institution that established the account.

OMVIC contact: Registration

Offsite trade

OMVIC offers dealers a form they should use if they want to conduct trade temporarily somewhere other than at their registered premises. This might include, for example, auto shows or other industry events. The form should be completed and returned to OMVIC two weeks before the offsite event.

OMVIC contact: Registration