jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
 1. In this Act, “business premises” does not include a dwelling; (“locaux commerciaux”) “Director” means the Director under the Ministry of Consumer and Business Services Act; (“directeur”) “dwelling” means any premises or any part thereof occupied as living accommodation; (“logement”) “Fund” means the Motor Vehicle Dealers Compensation Fund established under clause 24 (o); (“Fonds”) “Minister” means the Minister of Consumer and Business Services; (“ministre”) “motor vehicle” means an automobile, truck or other vehicle propelled or driven otherwise than by muscular power, including a motorcycle, but not including a motorized snow vehicle or a farm tractor or other self-propelled machinery primarily intended for farming or construction purposes; (“véhicule automobile”) “motor vehicle dealer” means a person who carries on the business of buying or selling motor vehicles, whether for the person’s own account or the account of any other person, or who holds himself, herself or itself out as carrying on the business of buying or selling motor vehicles; (“commerçant de véhicules automobiles”) “prescribed” means prescribed by this Act or the regulations; (“prescrit”) “registered” means registered under this Act; (“inscrit”) “Registrar” means the Registrar of Motor Vehicle Dealers and Salespersons; (“registrateur”) “regulations” means the regulations made under this Act; (“règlements”) “salesperson” means a person employed, appointed or authorized by a dealer to buy or sell motor vehicles on the dealer’s behalf; (“vendeur”) “Tribunal” means the Licence Appeal Tribunal. (“Tribunal”)  R.S.O. 1990, c. M.42, s. 1; 1998, c. 18, Sched. E, s. 184; 1999, c. 12, Sched. G, s. 29 (1); 2001, c. 9, Sched. D, s. 13.
Registrar
 2. (1) The Deputy Minister shall appoint a person as the Registrar of Motor Vehicle Dealers and Salespersons.  1998, c. 18, Sched. E, s. 185. Duties of Registrar (2) The Registrar may exercise the powers and shall perform the duties conferred or imposed upon him or her by or under this Act under the supervision of the Director.  R.S.O. 1990, c. M.42, s. 2 (2).
Registration required
 3. (1) No person shall, (a) carry on business as a motor vehicle dealer unless the person is registered under this Act; or (b) act as a salesperson of or on behalf of a motor vehicle dealer unless the person is registered as a salesperson of such dealer and such dealer is registered as a motor vehicle dealer under this Act.  R.S.O. 1990, c. M.42, s. 3 (1). Representation (2) No person shall publish or cause to be published any representation that the person is registered under this Act.  R.S.O. 1990, c. M.42, s. 3 (2). Name and place of business (3) A registered motor vehicle dealer shall not carry on business in a name other than the name in which it is registered or invite the public to deal at a place other than that authorized by the registration.  R.S.O. 1990, c. M.42, s. 3 (3).
Dealer to ensure salesperson registered
 4. A motor vehicle dealer shall not retain the services of a salesperson who is not registered under this Act.  R.S.O. 1990, c. M.42, s. 4.
Registration
 5. (1) An applicant is entitled to registration or renewal of registration by the Registrar except where, (a) having regard to the financial position of the applicant, the applicant cannot reasonably be expected to be financially responsible in the conduct of business; or (b) the past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry on business in accordance with law and with integrity and honesty; or (c) the applicant is a corporation and, (i) having regard to its financial position, it cannot reasonably be expected to be financially responsible in the conduct of its business, or (ii) the past conduct of its officers or directors affords reasonable grounds for belief that its business will not be carried on in accordance with law and with integrity and honesty; or (d) the applicant is carrying on activities that are, or will be, if the applicant is registered, in contravention of this Act or the regulations.  R.S.O. 1990, c. M.42, s. 5 (1). Conditions of registration (2) A registration is subject to such terms and conditions to give effect to the purposes of this Act as are consented to by the applicant, imposed by the Tribunal or prescribed by the regulations.  R.S.O. 1990, c. M.42, s. 5 (2).
Refusal to register
 6. (1) Subject to section 7, the Registrar may refuse to register an applicant where in the Registrar’s opinion the applicant is disentitled to registration under section 5.  R.S.O. 1990, c. M.42, s. 6 (1). Suspension or revocation (2) Subject to section 7, the Registrar may refuse to renew or may suspend or revoke a registration for any reason that would disentitle the registrant to registration under section 5 if the registrant were an applicant, or where the registrant is in breach of a term or condition of the registration.  R.S.O. 1990, c. M.42, s. 6 (2).
Notice of proposal to refuse or revoke
 7. (1) Where the Registrar proposes to refuse to grant or renew a registration or proposes to suspend or revoke a registration, the Registrar shall serve notice of the proposal, together with written reasons therefor, on the applicant or registrant.  R.S.O. 1990, c. M.42, s. 7 (1). Notice requiring hearing (2) A notice under subsection (1) shall state that the applicant or registrant is entitled to a hearing by the Tribunal if the applicant or registrant mails or delivers, within fifteen days after service of the notice under subsection (1), notice in writing requiring a hearing to the Registrar and the Tribunal, and the applicant or registrant may so require a hearing.  R.S.O. 1990, c. M.42, s. 7 (2). Powers of Registrar where no hearing (3) Where an applicant or registrant does not require a hearing by the Tribunal in accordance with subsection (2), the Registrar may carry out the proposal stated in the notice under subsection (1).  R.S.O. 1990, c. M.42, s. 7 (3). Powers of Tribunal where hearing (4) Where an applicant or registrant requires a hearing by the Tribunal in accordance with subsection (2), the Tribunal shall appoint a time for and hold the hearing and, on the application of the Registrar at the hearing, may by order direct the Registrar to carry out the Registrar’s proposal or refrain from carrying it out and to take such action as the Tribunal considers the Registrar ought to take in accordance with this Act and the regulations, and for such purposes the Tribunal may substitute its opinion for that of the Registrar.  R.S.O. 1990, c. M.42, s. 7 (4). Conditions of order (5) The Tribunal may attach such terms and conditions to its order or to the registration as it considers proper to give effect to the purposes of this Act.  R.S.O. 1990, c. M.42, s. 7 (5). Parties (6) The Registrar, the applicant or registrant who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section.  R.S.O. 1990, c. M.42, s. 7 (6). Voluntary cancellation (7) Despite subsection (1), the Registrar may cancel a registration upon the request in writing of the registrant in the prescribed form surrendering the registrant’s registration.  R.S.O. 1990, c. M.42, s. 7 (7). Continuation of registration pending renewal (8) Where, within the time prescribed therefor or, if no time is prescribed, before expiry of the registration, a registrant has applied for renewal of a registration and paid the prescribed fee, the registration shall be deemed to continue, (a) until the renewal is granted; or (b) where the registrant is served with notice that the Registrar proposes to refuse to grant the renewal, until the time for giving notice requiring a hearing has expired and, where a hearing is required, until the Tribunal has made its order.  R.S.O. 1990, c. M.42, s. 7 (8). Appeal (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.  1999, c. 12, Sched. G, s. 29 (2).
Further applications
 8. A further application for registration may be made upon new or other evidence or where it is clear that material circumstances have changed.  R.S.O. 1990, c. M.42, s. 8.
Investigation of complaints
 9. (1) Where the Registrar receives a complaint in respect of a motor vehicle dealer and so requests in writing, the motor vehicle dealer shall furnish the Registrar with such information respecting the matter complained of as the Registrar requires.  R.S.O. 1990, c. M.42, s. 9 (1). Idem (2) The request under subsection (1) shall indicate the nature of the inquiry involved.  R.S.O. 1990, c. M.42, s. 9 (2). Idem (3) For the purposes of subsection (1), the Registrar or any person designated in writing by him or her may at any reasonable time enter upon the business premises of the motor vehicle dealer to make an inspection in relation to the complaint.  R.S.O. 1990, c. M.42, s. 9 (3).
Inspection
 10. (1) The Registrar or any person designated by him or her in writing may at any reasonable time enter upon the business premises of the registrant to make an inspection to ensure that the provisions of this Act and the regulations relating to registration and the maintenance of trust accounts are being complied with.  R.S.O. 1990, c. M.42, s. 10 (1). Idem (2) Where the Registrar has reasonable and probable grounds to believe that any person is acting as a motor vehicle dealer or salesperson while unregistered, the Registrar or any person designated by him or her in writing may at any reasonable time enter upon such person’s business premises to make an inspection for the purpose of determining whether or not the person is in contravention of section 3.  R.S.O. 1990, c. M.42, s. 10 (2); 1998, c. 18, Sched. E, s. 186.
Powers on inspection
 11. (1) Upon an inspection under section 9 or 10, the person inspecting, (a) is entitled to free access to all books of account, cash, documents, bank accounts, vouchers, correspondence and records of the person being inspected that are relevant for the purposes of the inspection; and (b) may, upon giving a receipt therefor, remove any material referred to in clause (a) that relates to the purpose of the inspection for the purpose of making a copy thereof, provided that such copying is carried out with reasonable dispatch and the material in question is promptly thereafter returned to the person being inspected, and no person shall obstruct the person inspecting or withhold or destroy, conceal or refuse to furnish any information or thing required by the person inspecting for the purposes of the inspection.  R.S.O. 1990, c. M.42, s. 11 (1). Admissibility of copies (2) Any copy made as provided in subsection (1) and purporting to be certified by an inspector is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original.  R.S.O. 1990, c. M.42, s. 11 (2).
Investigations by order of Minister
 12. The Minister may by order appoint a person to make an investigation into any matter to which this Act applies as may be specified in the Minister’s order and the person appointed shall report the result of his or her investigation to the Minister and, for the purposes of the investigation, the person making it has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such investigation as if it were an inquiry under that Act.  R.S.O. 1990, c. M.42, s. 12. Note: On a day to be named by proclamation of the Lieutenant Governor, section 12 is repealed and the following substituted: Investigations by order of Minister 12. The Minister may by order appoint a person to make an investigation into any matter to which this Act applies as may be specified in the Minister’s order and the person appointed shall report the result of his or her investigation to the Minister and section 33 of the Public Inquiries Act, 2009
applies to the investigation.  2009, c. 33, Sched. 6, s. 71 (1). See: 2009, c. 33, Sched. 6, ss. 71 (1), 92.
Matters confidential
 14. (1) Every person employed in the administration of this Act, including any person making an inquiry, inspection or an investigation under section 9, 10, 11, 12 or 13, shall preserve secrecy in respect of all matters that come to his or her knowledge in the course of his or her duties, employment, inquiry, inspection or investigation and shall not communicate any such matters to any other person except, (a) as may be required in connection with the administration of this Act and the regulations or any proceedings under this Act or the regulations; or (b) to his or her counsel; or (b.1) as authorized under the Regulatory Modernization Act, 2007; or (c) with the consent of the person to whom the information relates.  R.S.O. 1990, c. M.42, s. 14 (1); 2007, c. 4, s. 34. Testimony in civil suit (2) No person to whom subsection (1) applies shall be required to give testimony in any civil suit or proceeding with regard to information obtained by him or her in the course of his or her duties, employment, inquiry, inspection or investigation except in a proceeding under this Act or the regulations.  R.S.O. 1990, c. M.42, s. 14 (2).
Report
 15. Where, upon the report of an investigation made under subsection 13 (1), it appears to the Director that a person may have, (a) contravened any of the provisions of this Act or the regulations; or (b) committed an offence under the Criminal Code (Canada) or under the law of any jurisdiction that is relevant to the person’s fitness for registration under this Act, the Director shall send a full and complete report of the investigation, including the report made to him or her, any transcript of evidence and any material in the possession of the Director relating thereto, to the Minister.  R.S.O. 1990, c. M.42, s. 15.
Notice of changes
 17. (1) Every motor vehicle dealer shall, within five days after the event, notify the Registrar in writing of, (a) any change in the dealer’s address for service; (b) any change in the officers in the case of a corporation or of the members in the case of a partnership; (c) any commencement or termination of the employment, appointment or authorization of a salesperson; (d) in the case of a corporation, any change in the ownership of its shares.  R.S.O. 1990, c. M.42, s. 17 (1). Idem (2) Every motor vehicle salesperson shall, within five days after the event, notify the Registrar in writing of, (a) any change in his or her address for service; and (b) any commencement or termination of his or her employment.  R.S.O. 1990, c. M.42, s. 17 (2).
Financial statements
 18. (1) Every motor vehicle dealer shall, when required by the Registrar with the approval of the Director, file a financial statement showing the matters specified by the Registrar and signed by the motor vehicle dealer and certified by a person licensed under the Public Accounting Act, 2004.  R.S.O. 1990, c. M.42, s. 18 (1); 2004, c. 8, s. 46. Statement confidential (2) The information contained in a financial statement filed under subsection (1) is confidential and no person shall otherwise than in the ordinary course of his or her duties communicate any such information or allow access to or inspection of the financial statement.  R.S.O. 1990, c. M.42, s. 18 (2).
False advertising
 19. Where the Registrar believes on reasonable and probable grounds that a motor vehicle dealer is making false, misleading or deceptive statements in any advertisement, circular, pamphlet or similar material, the Registrar may order the immediate cessation of the use of such material and section 7 applies with necessary modifications to the order in the same manner as to a proposal by the Registrar to refuse registration and the order of the Registrar shall take effect immediately, but the Tribunal may grant a stay until the Registrar’s order becomes final.  R.S.O. 1990, c. M.42, s. 19.
Service
 20. (1) Any notice or order required to be given or served under this Act or the regulations is sufficiently given or served if delivered personally or sent by registered mail addressed to the person to whom delivery or service is required to be made at the latest address for service appearing on the records of the Ministry of Consumer and Business Services.  R.S.O. 1990, c. M.42, s. 20 (1); 2001, c. 9, Sched. D, s. 13. When service deemed to be made (2) Where 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.  R.S.O. 1990, c. M.42, s. 20 (2). Exception (3) Despite subsections (1) and (2), the Tribunal may order any other method of service in respect of any matter before the Tribunal.  R.S.O. 1990, c. M.42, s. 20 (3).
Restraining orders
 21. (1) Where it appears to the Director that any person does not comply with any provision of this Act, the regulations or an order made under this Act, despite the imposition of any penalty in respect of such non-compliance and in addition to any other rights he or she may have, the Director may apply to a judge of the Superior Court of Justice for an order directing such person to comply with such provision, and upon the application the judge may make such order or such other order as the judge thinks fit.  R.S.O. 1990, c. M.42, s. 21 (1); 2001, c. 9, Sched. D, s. 14. Appeal (2) An appeal lies to the Divisional Court from an order made under subsection (1).  R.S.O. 1990, c. M.42, s. 21 (2).
Offences
 22. (1) Every person who, knowingly, (a) furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act or the regulations; (b) fails to comply with any order, direction or other requirement made under this Act; or (c) contravenes any provision of this Act or the regulations, and every director or officer of a corporation who knowingly concurs in such furnishing, failure or contravention is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both.  R.S.O. 1990, c. M.42, s. 22 (1). Corporations (2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed upon the corporation is $100,000 and not as provided therein.  R.S.O. 1990, c. M.42, s. 22 (2). (3) Repealed:  1994, c. 27, s. 92 (2). Limitation (4) No proceeding under clause (1) (a) shall be commenced more than one year after the facts upon which the proceeding is based first came to the knowledge of the Director.  R.S.O. 1990, c. M.42, s. 22 (4). Idem (5) No proceeding under clause (1) (b) or (c) shall be commenced more than two years after the time when the subject-matter of the proceeding arose.  R.S.O. 1990, c. M.42, s. 22 (5).
Certificate as evidence
 23. A statement as 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 proceedings are based first came to the knowledge of the Director; or (d) any other matter pertaining to such registration, non-registration, filing or non-filing, purporting to be certified by the Director is, without proof of the office or signature of the Director, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein for all purposes in any action, proceeding or prosecution.  R.S.O. 1990, c. M.42, s. 23.
Regulations
 24. The Lieutenant Governor in Council may make regulations, (a) exempting any class of person from this Act or the regulations or any provision thereof; (b) governing applications for registration or renewal of registration and prescribing terms and conditions of registration; (c) requiring the payment of fees on application for registration or renewal of registration, and prescribing the amounts thereof; (d)  Repealed:  1997, c. 35, s. 2. (e) prescribing further procedures respecting the conduct of matters coming before the Tribunal; (f) providing for the responsibility for payment of witness fees and expenses in connection with proceedings before the Tribunal and prescribing the amounts thereof; (g) requiring and governing the maintenance of trust accounts by motor vehicle dealers or any class thereof, and prescribing the money that shall be held in trust and the terms and conditions therefor; (h) requiring and governing the books, accounts and records that shall be kept by motor vehicle dealers; (i) requiring motor vehicle dealers and salespersons to make returns and furnish information to the Registrar; (j) prescribing the information that motor vehicle dealers and salespersons shall disclose respecting the history of any class or classes of motor vehicles; (k) prohibiting prescribed alterations of motor vehicles or any part thereof and requiring disclosure of prescribed alterations not prohibited; (l) governing contracts for the sale and purchase of motor vehicles; (m) prescribing forms for the purposes of this Act and providing for their use; (n) requiring any information required to be furnished or contained in any form or return to be verified by affidavit; (o) providing for the establishment, maintenance and administration of the Motor Vehicle Dealers Compensation Fund including prescribing provisions relating to investing and paying out of money from the Fund; (p) providing for the payment of levies into the Fund by participants and prescribing the amounts thereof; (q) providing for payment out of the Fund of claims and procedures to be followed in respect thereto; (r) requiring participation in the Fund by motor vehicle dealers.  R.S.O. 1990, c. M.42, s. 24; 1997, c. 35, s. 2. ______________  Français