jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) Subject to subsection (2), a director shall be appointed for the purposes of this Act and a maximum of two deputy directors may be appointed, (a) by the board of the administrative authority; or (b) by the Minister if there is no designated administrative authority.  2002, c. 30, Sched. B, s. 2 (1). Director cannot be registrar (2) A person appointed as the registrar or a deputy registrar under subsection 3 (1) shall not be appointed as the director or a deputy director under subsection (1).  2002, c. 30, Sched. B, s. 2 (2). Deputy director, duties (3) A deputy director shall perform such duties as are assigned by the director and shall act as director in his or her absence.  2002, c. 30, Sched. B, s. 2 (3). Deputy director (4) If more than one deputy director is appointed, only one deputy director may act as the director under subsection (3) at any one time.  2002, c. 30, Sched. B, s. 2 (4). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 11, s. 49 (5) - no effect - see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020
3 (1) Subject to subsection (2), a registrar shall be appointed and a maximum of two deputy registrars may be appointed, (a) by the board of the designated administrative authority; or (b) by the deputy minister to the Minister if there is no designated administrative authority.  2002, c. 30, Sched. B, s. 3 (1). Registrar cannot be director (2) A person appointed as the director or deputy director under subsection 2 (1) shall not be appointed as the registrar or a deputy registrar under subsection (1).  2002, c. 30, Sched. B, s. 3 (2). Powers and duties (3) The registrar shall exercise the powers and perform the duties imposed on him or her under this Act and a deputy registrar shall perform such duties as are assigned by the registrar and shall act as the registrar in the registrar’s absence.  2002, c. 30, Sched. B, s. 3 (3); 2009, c. 33, Sched. 10, s. 10 (1). Deputy registrar (4) If more than one deputy registrar has been appointed, only one deputy registrar may act as the registrar under subsection (3) at any one time.  2002, c. 30, Sched. B, s. 3 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 10, s. 10 (1) - 01/01/2010 2012, c. 8, Sched. 11, s. 49 (5) - no effect - see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020 Part III   Prohibitions re: Practice
4 (1) No person shall, (a) act as a motor vehicle dealer unless the person is registered as a motor vehicle dealer under this Act; or (b) act as a salesperson unless he or she is registered as a salesperson.  2002, c. 30, Sched. B, s. 4 (1). Name and place of business (2) A motor vehicle dealer shall not, (a) carry on business in a name other than the name in which the motor vehicle dealer is registered; or (b) invite the public to deal in a place other than the place that is authorized in the registration of the motor vehicle dealer.  2002, c. 30, Sched. B, s. 4 (2). Unregistered salesperson (3) A motor vehicle dealer shall not retain the services of a salesperson unless the salesperson is registered in that capacity.  2002, c. 30, Sched. B, s. 4 (3). Supply to unregistered person (4) A motor vehicle dealer shall not supply motor vehicles to another motor vehicle dealer for the purpose of trading in motor vehicles unless the other motor vehicle dealer is registered in that capacity.  2002, c. 30, Sched. B, s. 4 (4). Salespersons (5) A salesperson shall not trade a motor vehicle on behalf of a motor vehicle dealer unless the salesperson is registered to that dealer.  2002, c. 30, Sched. B, s. 4 (5).
5 An individual who trades in a motor vehicle on his or her own account or on the account of a member of the individual’s family is exempt from the registration requirements under section 4, if the motor vehicle is used primarily for the personal use of the individual or a member of his or her family.  2002, c. 30, Sched. B, s. 5. Part IV   Registration
5.1 (1) If an applicant for registration or renewal of registration does not meet the prescribed requirements, the registrar shall refuse to grant or renew the registration.  2004, c. 19, s. 16 (3). Non-application (2) Section 9 does not apply to a refusal under subsection (1) to grant or renew a registration.  2004, c. 19, s. 16 (3). Notice of refusal (3) The registrar shall give the applicant written notice of a refusal under subsection (1), setting out the reasons for the refusal and subsection 37 (3) does not apply to the notice.  2004, c. 19, s. 16 (3). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 16 (3)
- 01/01/2010
7 (1) When it registers and on each renewal of its registration, a motor vehicle dealer that is a corporation shall disclose to the registrar the identity of, (a) each person that beneficially owns or controls 10 per cent or more of the equity shares issued and outstanding at the time of the registration or the renewal of registration, as the case may be; and (b) persons that are associated with each other and that together beneficially own or control 10 per cent or more of the equity shares issued and outstanding at the time of the registration or the renewal of registration, as the case may be.  2004, c. 19, s. 16 (9). Calculating number of shares (2) In calculating the total number of equity shares of the corporation beneficially owned or controlled for the purposes of this section, the total number shall be calculated as the total number of all shares beneficially owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equalling the total number of votes carried.  2002, c. 30, Sched. B, s. 7 (2). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 16 (9)
- 01/01/2010
8 (1) Subject to section 9, the registrar may refuse to register an applicant or may suspend or revoke a registration or refuse to renew a registration if, in his or her opinion, the applicant or registrant is not entitled to registration under section 6.  2004, c. 19, s. 16 (10). Conditions (2) Subject to section 9, the registrar may, (a) approve the registration or renewal of a registration on such conditions as he or she considers appropriate; and (b) at any time apply to a registration such conditions as he or she considers appropriate.  2002, c. 30, Sched. B, s. 8 (2). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 16 (10) - 01/01/2010
9 (1) The registrar shall notify an applicant or registrant in writing if he or she proposes to, (a) refuse under subsection 8 (1) to grant or renew a registration; (b) suspend or revoke a registration; or (c) apply conditions to a registration or renewal to which the applicant or registrant has not consented.  2002, c. 30, Sched. B, s. 9 (1); 2004, c. 19, s. 16 (11). Content of notice (2) The notice of proposal shall set out the reasons for the proposed action and shall state that the applicant or registrant is entitled to a hearing by the Tribunal if the applicant or registrant mails or delivers, within 15 days after service of the notice, a written request for a hearing to the registrar and to the Tribunal.  2002, c. 30, Sched. B, s. 9 (2). Service (3) The notice of proposal shall be served on the applicant or registrant in accordance with section 37.  2002, c. 30, Sched. B, s. 9 (3). Where no request for hearing (4) If an applicant or registrant does not request a hearing in accordance with subsection (2), the registrar may carry out the proposal.  2002, c. 30, Sched. B, s. 9 (4). Hearing (5) If a hearing is requested, the Tribunal shall hold the hearing and may by order direct the registrar to carry out the registrar’s proposal or substitute its opinion for that of the registrar and the Tribunal may attach conditions to its order or to a registration.  2002, c. 30, Sched. B, s. 9 (5). Parties (6) The registrar, the applicant or registrant and such other persons as the Tribunal may specify are parties to the proceedings under this section.  2002, c. 30, Sched. B, s. 9 (6). Voluntary cancellation (7) The registrar may cancel a registration upon the request in writing of the registrant and this section does not apply to the cancellation.  2002, c. 30, Sched. B, s. 9 (7). Continuation pending renewal (8) If, within the time prescribed or, if no time is prescribed, before the expiry of the registrant’s registration, the registrant has applied for renewal of a registration and paid the required fee, the registration shall be deemed to continue, (a) until the renewal is granted; (b) until the registrar gives the registrant written notice of the registrar’s refusal under section 5.1 to grant the renewal; or (c) if the registrant is served notice that the registrar proposes to refuse under subsection 8 (1) to grant the renewal, until the time for requesting a hearing has expired or, if a hearing is requested, until the Tribunal makes its order.  2004, c. 19, s. 16 (12). Immediate effect (9) Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.  2002, c. 30, Sched. B, s. 9 (9). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 16 (11, 12) - 01/01/2010
10 (1) If the registrar proposes to suspend or revoke a registration under section 9 and if the registrar considers it in the public interest to do so, the registrar may by order temporarily suspend the registration.  2002, c. 30, Sched. B, s. 10 (1). Immediate effect (2) An order under subsection (1) takes effect immediately.  2002, c. 30, Sched. B, s. 10 (2). Expiry of order (3) If a hearing is requested under section 9, (a) the order expires 15 days after the written request for a hearing is received by the Tribunal; or (b) the Tribunal may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period referred to in clause (a).  2002, c. 30, Sched. B, s. 10 (3). Same (4) Despite subsection (3), if it is satisfied that the conduct of the registrant has delayed the commencement of the hearing, the Tribunal may extend the time of the expiration for the order, (a) until the hearing commences; and (b) once the hearing commences, until the hearing is concluded.  2002, c. 30, Sched. B, s. 10 (4).
11 (1) A request for a hearing under section 9 is sufficiently served if delivered personally or sent by registered mail to the registrar and to the Tribunal.  2002, c. 30, Sched. B, s. 11 (1). Same (2) If service is made by registered mail, it shall be deemed to be made on the third day after the day of mailing.  2002, c. 30, Sched. B, s. 11 (2). Other methods (3) Despite subsection (1), the Tribunal may order any other method of service.  2002, c. 30, Sched. B, s. 11 (3).
12 A person whose registration is refused, revoked or refused renewal may reapply for registration only if, (a) the time prescribed to reapply has passed since the refusal, revocation or refusal to renew; and (b) new or other evidence is available or it is clear that material circumstances have changed.  2002, c. 30, Sched. B, s. 12.
13 (1) In addition to the disclosure required under section 7, every motor vehicle dealer that is a corporation shall notify the registrar in writing within 30 days after the issue or transfer of any equity shares of the corporation, if the issue or transfer results in, (a) any person, or any persons that are associated with each other, acquiring or accumulating beneficial ownership or control of 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation; or (b) an increase in the percentage of issued and outstanding equity shares of the corporation beneficially owned or controlled by any person, or any persons who are associated with each other, where the person or the associated persons already beneficially owned or controlled 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation before the issue or transfer.  2004, c. 19, s. 16 (13). Same (2) Despite subsection (1), if a registrant that is a corporation becomes aware of a transfer that otherwise falls into subsection (1) after the transfer has taken place, it shall notify the registrar in writing within 30 days after knowledge of the transfer comes to the attention of its officers or directors.  2002, c. 30, Sched. B, s. 13 (2). Calculation of total number of equity shares (3) In calculating the total number of equity shares of the corporation beneficially owned or controlled for the purpose of this section, the total number shall be calculated as the total of all the shares beneficially owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equalling the total number of votes it carries.  2002, c. 30, Sched. B, s. 13 (3). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 16 (13)
- 01/01/2010 Part v   Complaints, Inspection and Discipline
14 (1) If the registrar receives a complaint about a registrant, the registrar may request information in relation to the complaint from any registrant.  2002, c. 30, Sched. B, s. 14 (1). Request for information (2) A request for information under subsection (1) shall indicate the nature of the complaint.  2002, c. 30, Sched. B, s. 14 (2). Duty to comply with request (3) A registrant who receives a written request for information shall provide the information as soon as practicable.  2002, c. 30, Sched. B, s. 14 (3). Procedures (4) In handling complaints, the registrar may do any of the following, as appropriate: 1. Attempt to mediate or resolve the complaint. 2. Give the registrant a written warning that if the registrant continues with the activity that led to the complaint, action may be taken against the registrant. 3. Require the motor vehicle dealer or salesperson to take further educational courses. 4. Refer the matter, in whole or in part, to the discipline committee. 5. Take an action under section 8, subject to section 9. 6. Take further action as he or she considers appropriate in accordance with this Act.  2002, c. 30, Sched. B, s. 14 (4).
15 (1) The registrar or a person designated in writing by the registrar may conduct an inspection and may, as part of that inspection, enter and inspect at any reasonable time the business premises of a registrant, other than any part of the premises used as a dwelling, for the purpose of, (a) ensuring compliance with this Act and the regulations; (b) dealing with a complaint under section 14; or (c) ensuring the registrant remains entitled to registration.  2002, c. 30, Sched. B, s. 15 (1). Powers on inspection (2) While carrying out an inspection, an inspector, (a) is entitled to free access to all money, valuables, documents, records, motor vehicles and motor vehicle parts of the person being inspected that are relevant to the inspection; (b) may use any data storage, processing or retrieval device or system used in carrying on business in order to produce information that is relevant to the inspection and that is in any form; and (c) may, upon giving a receipt for them, remove for examination and may copy anything relevant to the inspection including any data storage disk or other retrieval device in order to produce information, but shall promptly return the thing to the person being inspected.  2002, c. 30, Sched. B, s. 15 (2); 2006, c. 34, s. 17 (2). Identification (3) An inspector shall produce, on request, evidence of his or her authority to carry out an inspection.  2002, c. 30, Sched. B, s. 15 (3). Assistance to be given (4) An inspector may, in the course of an inspection, require a person to produce a document or record and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce information that is relevant to the inspection and that is in any form, and the person shall produce the document or record or provide the assistance.  2002, c. 30, Sched. B, s. 15 (4); 2006, c. 34, s. 17 (2). Obstruction prohibited (5) No person shall obstruct an inspector conducting an inspection or withhold from him or her or conceal, alter or destroy any money, valuables, documents, records, motor vehicles or motor vehicle parts that are relevant to the inspection.  2002, c. 30, Sched. B, s. 15 (5). Use of force prohibited (6) An inspector shall not use force to enter and inspect premises under this section.  2002, c. 30, Sched. B, s. 15 (6). Admissibility of copies (7) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.  2002, c. 30, Sched. B, s. 15 (7). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 17 (2)
- 01/01/2010
16 (1) The registrar or a person designated in writing by the registrar may at any reasonable time conduct an inspection of the business premises of an applicant for registration, other than any part of the premises used as a dwelling, for the purpose of ensuring the applicant is entitled to registration under this Act.  2002, c. 30, Sched. B, s. 16 (1). Same (2) Subsections 15 (2) to (7) apply with necessary modifications to an inspection under this section.  2002, c. 30, Sched. B, s. 16 (2).
18 (1) The director may appoint persons to be investigators for the purposes of conducting investigations.  2002, c. 30, Sched. B, s. 18 (1). Certificate of appointment (2) The director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature.  2002, c. 30, Sched. B, s. 18 (2). Production of certificate of appointment (3) Every investigator who is conducting an investigation, including under section 19, shall, upon request, produce the certificate of appointment as an investigator.  2006, c. 34, s. 17 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 17 (3)
- 01/01/2010
19.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.  2006, c. 34, s. 17 (10). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 16 (15)
- 01/01/2010 2006, c. 34, s. 17 (10)
- 01/01/2010
20 (1) An investigator may exercise any of the powers described in subsection 19 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.  2004, c. 19, s. 16 (16). Dwellings (2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.  2004, c. 19, s. 16 (16). Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.  2004, c. 19, s. 16 (16). Applicability of s. 19 (4) Subsections 19 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.  2004, c. 19, s. 16 (16). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 16 (16)
- 01/01/2010
20.1 (1) An investigator who seizes any thing under the authority of section 19, 19.1 or 20 shall bring it before a justice of the peace or, if that is not reasonably possible, shall report the seizure to a justice of the peace. 2019, c. 14, Sched. 10, s. 10 (4). Procedure (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of section 19, 19.1 or 20 of this Act, reading the reference in subsection 160 (1) of that Act to a document that a person is about to examine or seize under a search warrant as a reference to a thing that an investigator is about to examine or seize under the authority of section 19, 19.1 or 20 of this Act. 2019, c. 14, Sched. 10, s. 10 (4). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 10, s. 10 (4) - 10/12/2019
21 (1) The director may apply to the Superior Court of Justice for the appointment of a receiver and manager to take possession and control of the business of a registrant if, (a) an investigation of the registrant has been undertaken under this Act; (b) the director has made or is about to make an order under section 22; (c) the director has reasonable grounds to believe that a registrant has failed or is about to fail to provide a contracted and paid for motor vehicle to a customer; (d) the director is advised that the registrar has proposed to suspend or revoke a registration under section 9 or to temporarily suspend a registration under section 10; or (e) the director is advised that an investigation under section 5.1 of the Ministry of Consumer and Business Services Act has been ordered.  2002, c. 30, Sched. B, s. 21 (1). Order to appoint (2) The court may make an order for the appointment of a receiver and manager, if it is satisfied that it is in the public interest to have a receiver and manager take control of the business of a registrant.  2002, c. 30, Sched. B, s. 21 (2). Notice (3) The court may make an order under subsection (2) without notice, or if it considers that notice should be given, upon such notice as the court stipulates.  2002, c. 30, Sched. B, s. 21 (3). Appointment not longer than 60 days (4) The order of the court shall provide for the term of the receiver and manager but the term shall not be longer than 60 days.  2002, c. 30, Sched. B, s. 21 (4). 60-day extensions (5) Despite subsection (4), the director may, without notice, apply to the court to extend the receiver and manager’s term for further terms of not more than 60 days each.  2002, c. 30, Sched. B, s. 21 (5). Duties of receiver and manager (6) The receiver and manager shall, (a) take possession and control of the assets of the registrant’s business; (b) conduct the business of the registrant; and (c) take such steps that are, in the opinion of the receiver and manager, necessary for the rehabilitation of the business.  2002, c. 30, Sched. B, s. 21 (6). Powers of receiver and manager (7) The receiver and manager has all the powers of the board of directors of the corporation, if the registrant is a corporation, or of a sole proprietor or all partners if the registrant is not a corporation.  2002, c. 30, Sched. B, s. 21 (7). May exclude directors, etc. (8) Without limiting the generality of subsection (7), the receiver and manager may exclude the directors, officers, employees and agents of the business, interested persons in respect of the business and any other persons connected with the business from the premises and property of the business.  2002, c. 30, Sched. B, s. 21 (8). Interested persons (9) Subsection 6 (4) applies to this section except that the opinion as to whether a person is deemed to be interested in respect of another person is that of the receiver and manager.  2002, c. 30, Sched. B, s. 21 (9).
22.1 (1) The director may make an order described in subsection (2) in respect of the money or assets of a person who is not registered under this Act and who is alleged to have conducted business for which registration is required under this Act at a time when the person was not registered to do so if, (a) the director receives an affidavit in which it is alleged, and in which facts are set out supporting the allegation, that the person who is not registered under this Act, (i) is subject to criminal proceedings or proceedings in relation to a contravention under this Act or any other Act that are about to be or have been instituted against the person in connection with or arising out of conducting business for which registration is required under this Act, or (ii) owns a building, dwelling, receptacle or place, or carries on activities in a building, dwelling, receptacle or place, in respect of which a search warrant has been issued under section 19; and (b) the director, based on the affidavit referred to in clause (a), finds reasonable grounds to believe that, (i) in the course of conducting business for which registration is required under this Act, the person who is the subject of the allegation referred to in clause (a) has received money or assets from customers, and (ii) the interests of those customers require protection.  2004, c. 19, s. 16 (17); 2019, c. 14, Sched. 10, s. 10 (1). Order (2) In the circumstances described in subsection (1), the director may, in writing, (a) order any person having on deposit or controlling any money or asset of the person who is the subject of the allegation referred to in clause (1) (a) to hold the money or asset; or (b) order the person who is the subject of the allegation referred to in clause (1) (a), (i) to refrain from withdrawing any money or asset from a person having it on deposit or controlling it, or (ii) to hold any money or asset of a customer or other person in trust for the person who is entitled to it.  2004, c. 19, s. 16 (17). Application (3) Subsections 22 (3) to (12) apply with necessary modifications to an order made under this section.  2004, c. 19, s. 16 (17). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 16 (17)
- 01/01/2010 2019, c. 14, Sched. 10, s. 10 (1) - 10/12/2019 part vi   Conduct and offences
23 A motor vehicle dealer shall ensure that every salesperson that the motor vehicle dealer employs is carrying out his or her duties in compliance with this Act and the regulations.  2002, c. 30, Sched. B, s. 23.
24 (1) Every motor vehicle dealer shall, within five days after the event, notify the registrar in writing of, (a) any change in address for service; (b) in the case of a corporation or partnership, any change in the officers or directors; and (c) the date of commencement or termination of the employment of every salesperson and, in the case of termination of employment of a salesperson, the reason for the termination.  2002, c. 30, Sched. B, s. 24 (1); 2004, c. 19, s. 16 (18). Same (2) Every salesperson shall, within five days after the event, notify the registrar in writing of, (a) any change in address for service; and (b) the commencement or termination of his or her employment by a motor vehicle dealer and the date of the commencement or termination.  2002, c. 30, Sched. B, s. 24 (2); 2004, c. 19, s. 16 (19). Timing (3) The registrar shall be deemed to have been notified on the day on which he or she is actually notified or, where the notification is by mail, on the day of mailing.  2002, c. 30, Sched. B, s. 24 (3). Financial statements (4) Every motor vehicle dealer shall, when required by the registrar, file a financial statement, certified by a person licensed under the Public Accounting Act, 2004, showing the matters specified by the registrar and signed by the motor vehicle dealer in the case of a sole proprietorship or by an officer of the motor vehicle dealer where the motor vehicle dealer is a partnership or corporation.  2002, c. 30, Sched. B, s. 24 (4); 2004, c. 8, s. 46; 2011, c. 1, Sched. 2, s. 5. Confidential (5) The information contained in a financial statement filed under subsection (4) is confidential and no person shall otherwise than in the ordinary course of the person’s duties communicate any such information or allow access to the financial statement.  2002, c. 30, Sched. B, s. 24 (5). Section Amendments with date in force (d/m/y) 2004, c. 8, s. 46, Table
- 1/11/2005; 2004, c. 19, s. 16 (18, 19) - 01/01/2010 2011, c. 1, Sched. 2, s. 5 - 30/03/2011
25 Every motor vehicle dealer shall, (a) maintain in Ontario, in accordance with the prescribed conditions, an account designated as a trust account, in, (i) a bank, or an authorized foreign bank, within the meaning of section 2 of the Bank Act
(Canada), (ii) a
loan or trust corporation, or (iii) a
credit union, as defined in the Credit Unions and Caisses Populaires Act, 2020; (b) deposit into the account all money that is required by the regulations to be held in trust; (c) at all times keep the money separate and apart from money belonging to the motor vehicle dealer; and (d) disburse the money in accordance with the prescribed conditions, if any.  2004, c. 19, s. 16 (20); 2020, c. 36, Sched. 7, s. 322 (2). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 16 (20)
- 01/01/2010 2020, c. 36, Sched. 7, s. 322 (2) - 01/03/2022
26 No registrant shall falsify, assist in falsifying or induce or counsel another person to falsify or assist in falsifying any information or document relating to a trade in motor vehicles.  2002, c. 30, Sched. B, s. 26.
27 No registrant shall furnish, assist in furnishing or induce or counsel another person to furnish or assist in furnishing any false or deceptive information or documents relating to a trade in a motor vehicle.  2002, c. 30, Sched. B, s. 27.
28 No registrant shall make false, misleading or deceptive statements in any advertisement, circular, pamphlet or material published by any means relating to trading in motor vehicles.  2002, c. 30, Sched. B, s. 28.
29 (1) If the registrar believes on reasonable grounds that a registrant is making a false, misleading or deceptive statement in any advertisement, circular, pamphlet or material published by any means, the registrar may, (a) order the cessation of the use of such material; (b) order the registrant to retract the statement or publish a correction of equal prominence to the original publication; or (c) order both a cessation described in clause (a) and a retraction or correction described in clause (b).  2002, c. 30, Sched. B, s. 29 (1). Procedures (2) Section 9 applies with necessary modifications to an order under this section in the same manner as to a proposal by the registrar to refuse a registration.  2002, c. 30, Sched. B, s. 29 (2). Effect (3) The order of the registrar shall take effect immediately, but the Tribunal may grant a stay until the registrar’s order becomes final.  2002, c. 30, Sched. B, s. 29 (3). Pre-approval (4) If the registrant does not appeal an order under this section or if the order or a variation of it is upheld by the Tribunal, the registrant shall, upon the request of the registrar, submit all statements in any advertisement, circular, pamphlet or material to be published by any means to the registrar for approval before publication for such period as the registrar specifies.  2002, c. 30, Sched. B, s. 29 (4); 2004, c. 19, s. 16 (21). Specified period (5) The registrar shall not specify under subsection (4) a period, (a) that exceeds such period as may be prescribed; or (b) any part of which falls outside such period as may be prescribed.  2004, c. 19, s. 16 (22). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 16 (21, 22) - 01/01/2010
30 (1) Motor vehicle dealers shall disclose in writing to customers and to motor vehicle dealers such information as may be prescribed and shall make the disclosure at such time as may be prescribed.  2002, c. 30, Sched. B, s. 30 (1). Remedies (2) If a motor vehicle dealer fails to make a disclosure as required under subsection (1) or fails to do so in a timely way, in addition to any other remedies that may be available, the person to whom disclosure should have been made is entitled to such other remedies as may be prescribed.  2002, c. 30, Sched. B, s. 30 (2).
31 (1) If it appears to the director that a person is not complying with this Act or the regulations or an order made under this Act, the director may apply to the Superior Court of Justice for an order directing that person to comply, and, upon the application, the court may make such order as the court thinks fit.  2002, c. 30, Sched. B, s. 31 (1). Same (2) Subsection (1) applies in addition to any other procedures that may be available to the director, whether or not the director has exercised his or her rights under such procedures.  2002, c. 30, Sched. B, s. 31 (2). Appeal (3) An appeal lies to the Divisional Court from an order made under subsection (1).  2002, c. 30, Sched. B, s. 31 (3).
32 (1) A person is guilty of an offence if the person, (a) furnishes false information in any application under this Act or in any statement or return required under this Act; (b) fails to comply with any order, other than an order made under section 17, direction or other requirement under this Act; or (c) contravenes or fails to comply with any section of this Act or the regulations made under this Act other than a code of ethics established under section 43.  2002, c. 30, Sched. B, s. 32 (1). Corporations (2) An officer or director of a motor vehicle dealer is guilty of an offence who fails to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1).  2002, c. 30, Sched. B, s. 32 (2). Penalties (3) An individual who is convicted of an offence under this Act is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or both, and a corporation that is convicted of an offence under this Act is liable to a fine of not more than $250,000.  2002, c. 30, Sched. B, s. 32 (3). Minimum penalty (4) The minimum fine upon conviction for an offence under subsection 4 (1) is $5,000. 2002, c. 30, Sched. B, s. 32 (4); 2023, c. 20, Sched. 10, s. 1. Limitation (5) No proceeding under this section shall be commenced more than two years after the facts upon which the proceeding is based first came to the knowledge of the director.  2002, c. 30, Sched. B, s. 32 (5). Section Amendments with date in force (d/m/y) 2023, c. 20, Sched. 10, s. 1 - 04/12/2023
33 (1) If a person is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or make restitution.  2002, c. 30, Sched. B, s. 33 (1). If insurance has paid (2) If an order is made in a person’s favour under subsection (1) and that person has already received compensation or restitution from an insurer or the Fund, the person ordered to pay the compensation or make restitution shall deliver the amount to the insurer or the Fund, as the case may be.  2002, c. 30, Sched. B, s. 33 (2).
34 (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the director may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default.  2002, c. 30, Sched. B, s. 34 (1). If payment made (2) Within 10 days after the director has notice that the fine has been paid in full, the director shall inform the consumer reporting agency of the payment.  2002, c. 30, Sched. B, s. 34 (2). (3) Repealed: 2023, c. 20, Sched. 10, s. 2. Section Amendments with date in force (d/m/y) 2023, c. 20, Sched. 10, s. 2 - 04/12/2023
35 (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the director may by order create a lien against the property of the person who is liable to pay the fine.  2002, c. 30, Sched. B, s. 35 (1). Liens on personal property (2) If the lien created by the director under subsection (1) relates to personal property, (a) the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act; (b) the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and (c) the director may perfect the security interest referred to in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act.  2002, c. 30, Sched. B, s. 35 (2). Liens and charges on real property (3) If the lien created by the director under subsection (1) relates to real property, the director may register the lien against the property of the person liable to pay the fine in the proper land registry office and on registration, the obligation under the lien becomes a charge on the property.  2002, c. 30, Sched. B, s. 35 (3). Initiation of sale proceedings prohibited (4) The director shall not initiate sale proceedings in respect of any real property against which he or she has registered a lien under subsection (3).  2002, c. 30, Sched. B, s. 35 (4). Proceeds of sale (5) If a lien is perfected by registration under subsection (2) or is registered against real property under subsection (3) and the related real or personal property is sold, the director shall ensure that the funds he or she receives as a result of the sale are used to pay the fine.  2002, c. 30, Sched. B, s. 35 (5). Discharge of lien (6) Within 10 days after the director has knowledge of the payment in full of the fine, the director shall, (a) discharge the registration of any financing statement registered under clause (2) (c); and (b) register a discharge of a charge created on registration of a lien under subsection (3).  2002, c. 30, Sched. B, s. 35 (6). part vii   General
36 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b) to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any other entity to which the admin­istration of legislation similar to this Act or legislation that protects consumers has been assigned; (b.1) as authorized under the Regulatory Modernization Act, 2007; (c) to a prescribed entity or organization, if the purpose of the communication is consumer protection; (d) to a law enforcement agency; (e) to his, her or its counsel; or (f) with the consent of the person to whom the information relates.  2004, c. 19, s. 16 (23); 2007, c. 4, s. 36. Testimony (2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations.  2004, c. 19, s. 16 (23). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 16 (23)
- 01/01/2010 2007, c. 4, s. 35 (1)
- no effect - see 2004, c. 19, s. 16 (23)
- 01/01/2010; 2007, c. 4, s. 36
- 01/01/2010
37 (1) Any notice, order or request is sufficiently given or served if it is, (a) delivered personally; (b) sent by registered mail; or (c) sent by another manner if the sender can prove receipt of the notice, order or request.  2002, c. 30, Sched. B, s. 37 (1). Deemed service (2) If service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice or order until a later date.  2002, c. 30, Sched. B, s. 37 (2). Exception (3) Despite subsections (1) and (2), the Tribunal may order any other method of service it considers appropriate in the circumstances.  2002, c. 30, Sched. B, s. 37 (3).
38 (1) The Minister may by order establish fees that are payable under this Act in respect of registration, renewal of registration, late filings and other administrative matters.  2002, c. 30, Sched. B, s. 38 (1). Exception (2) Subsection (1) does not apply if there is a designated administrative authority.  2002, c. 30, Sched. B, s. 38 (2). Order is not a regulation (3) An order made under this section is not a regulation for the purposes of Part III (Regulations) of the Legislation Act, 2006.  2002, c. 30, Sched. B, s. 38 (3); 2006, c. 21, Sched. F, s. 119. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 119 - 01/01/2010 2012, c. 8, Sched. 11, s. 49 (5) - no effect - see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020
39 (1) For all purposes in any proceeding, a statement purporting to be certified by the director is, without proof of the office or signature of the director, admissible in evidence as proof in the absence of evidence to the contrary, of the facts stated in it in relation to, (a) the registration or non-registration of any person; (b)  the filing or non-filing of any document or material required or permitted to be filed with the registrar; (c) the time when the facts upon which the proceedings are based first came to the knowledge of the director; or (d) any other matter pertaining to registration or non-registration of persons or to filing or non-filing of information.  2002, c. 30, Sched. B, s. 39 (1). Proof of document (2) Any document made under this Act that purports to be signed by the director or a certified copy of the document is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, that the document is signed by the director without proof of the office or signature of the director.  2002, c. 30, Sched. B, s. 39 (2).
40 (1) As required by regulation, the registrar shall make available to the public the names of registrants and other information, as prescribed, in respect of registrants.  2002, c. 30, Sched. B, s. 40 (1). Same (2) The names of registrants shall be made available in the prescribed form and manner and with such information as is prescribed.  2002, c. 30, Sched. B, s. 40 (2). 41 Repealed:
2023, c. 20, Sched. 10, s. 3. Section Amendments with date in force (d/m/y) 2023, c. 20, Sched. 10, s. 3 - 04/12/2023 Part VIII   Motor Vehicle Dealers compensation Fund
42 (1) The Motor Vehicle Dealers Compensation Fund established under the Motor Vehicle Dealers Act is continued.  2002, c. 30, Sched. B, s. 42 (1). Board of trustees (2) A board of trustees for the Fund shall be appointed in accordance with the prescribed procedures and the board shall manage the Fund in the prescribed manner.  2002, c. 30, Sched. B, s. 42 (2). Fund supported by registrants and held in trust (3) The Fund shall be supported by such levies and payments imposed on registrants as may be prescribed and the Fund shall be held in trust in accordance with the prescribed requirements for the benefit of persons entitled to the payment of claims.  2002, c. 30, Sched. B, s. 42 (3). Claims against Fund (4) A customer of a registrant may make a claim for compensation from the Fund in the prescribed manner.  2002, c. 30, Sched. B, s. 42 (4). Entitlement to compensation (5) If a customer makes a claim for compensation under subsection (4), the customer’s entitlement to compensation shall be determined using the prescribed criteria in accordance with the prescribed procedures.  2002, c. 30, Sched. B, s. 42 (5). Payments by motor vehicle dealers (6) In the circumstances as prescribed, a motor vehicle dealer or former motor vehicle dealer shall be required to reimburse the Fund for money paid out to customers as a result of claims against the motor vehicle dealer or former motor vehicle dealer.  2002, c. 30, Sched. B, s. 42 (6). Publishing decisions (7) Decisions in respect of claims to the Fund may be made available to the public in such manner as may be prescribed, but in no case shall the publication of such decisions disclose the identity of an individual making a claim without the individual’s prior approval.  2002, c. 30, Sched. B, s. 42 (7). Payment of money owed to Fund (8) The registrar may make such arrangements with registrants or former registrants as may be prescribed for the payment of money owed to the Fund and may impose such penalties and interest, as may be prescribed for the failure to pay money owed to the Fund or the failure to do so in a timely fashion.  2002, c. 30, Sched. B, s. 42 (8). Refusal to renew registration (9) If a registrant is in default of such levies or payments to the Fund as have been prescribed or has failed to reimburse the Fund in the prescribed circumstances and has failed to make arrangements for payment under subsection (8) or has failed to comply with those arrangements, subject to section 9, the registrar may refuse to renew the registrant’s registration.  2002, c. 30, Sched. B, s. 42 (9). part ix   regulations