jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
 1. In this Regulation, “certificate of registration” means a certificate of registration issued under section 16; (“certificat d’inscription”) “extended warranty” means a contract whereby a person, other than a person who is exempt from the Act and the regulations as a result of paragraph 21 of subsection 2 (1), agrees to provide coverage of the costs associated with the repair or replacement of components of a motor vehicle, including the labour necessary to repair or replace those components, that is in addition to a warranty supplied by law or implied by the operation of law; (“garantie supplémentaire”) “new motor vehicle” means, (a)  a motor vehicle for which no permit has been issued under section 7 of the Highway Traffic Act
or by another jurisdiction having an equivalent requirement to that section, or (b)  a motor vehicle that meets the following conditions: (i)  The first permit for the vehicle issued under section 7 of the Highway Traffic Act
was issued to a purchaser or lessee who purchased or leased the vehicle, as the case may be, from a registered motor vehicle dealer. (ii)  The purchaser or lessee did not take possession of the vehicle and the vehicle remained in the possession of the dealer until a new permit for the vehicle was issued under section 7 of the Highway Traffic Act to the dealer within 14 days after the issuance of the first permit for the vehicle, but does not include a motor vehicle that has been used in a way for which a permit would have been required under section 7 of the Highway Traffic Act; (“véhicule automobile neuf”) “registration” means registration under the Act and “registered” has a corresponding meaning; (“inscription”, “inscrit”) “service plan” means a contract that is sold to a purchaser or lessee of a motor vehicle by a registered motor vehicle dealer or through a registered motor vehicle dealer before the vehicle is delivered to the purchaser or the lessee, as the case may be, whereby a person, other than a person who is exempt from the Act and the regulations as a result of paragraph 21 of subsection 2 (1), agrees to provide goods or services to alter or maintain the vehicle, whether the goods or services are provided before the vehicle is so delivered or afterwards; (“programme d’entretien”) “spouse” means a person, (a)  to whom the person is married, or (b)  with whom the person is living outside marriage in a conjugal relationship, if the two persons, (i)  have cohabited for at least one year, (ii)  are together the parents of a child, or (iii)  have together entered into a cohabitation agreement under section 53 of the Family Law Act; (“conjoint”) “used motor vehicle” means a motor vehicle that is not a new motor vehicle. (“véhicule automobile d’occasion”)  O. Reg. 333/08, s. 1; O. Reg. 221/09, s. 1. Part II   Exemptions General Exemptions
PART II EXEMPTIONS
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General Exemptions
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Exemption of certain trades from Act
 2.1 (1) A trade in a motor vehicle between or through a registrant and any of the following persons or entities is exempt from the Act and the regulations, except for sections 52 and 53 of this Regulation, if the purpose of the trade is to provide financing for the purchase or lease of the vehicle from the registrant by a third party: 1.  A bank, or an authorized foreign bank, within the meaning of section 2 of the Bank Act (Canada). 2.  A subsidiary or an affiliate, within the meaning of section 5 or 6 respectively of the Bank Act
(Canada), of a bank described in paragraph 1. 3.  A corporation registered under the Loan and Trust Corporations Act. 4.  A credit union, as defined in the Credit Unions and Caisses Populaires Act, 2020. 5.  A subsidiary of a credit union established or acquired in accordance with the Credit Union and Caisses Populaires Act, 2020 or an affiliate of a credit union within the meaning of that Act. O. Reg. 377/09, s. 1; O. Reg. 132/22, s. 1. (2) A trade between the person or entity that provides the financing described in subsection (1) and the third party mentioned in that subsection is exempt from the Act and the regulations if the purpose of the trade relates to the financing.  O. Reg. 377/09, s. 1. (3) A trade by a person or entity described in any of the paragraphs 1 to 4 to subsection (1) is exempt from the Act and the regulations if the purpose of the trade is to facilitate or complete a financing transaction, howsoever the transaction is structured, whether as a bulk purchase, a securitization of assets or otherwise.  O. Reg. 377/09, s. 1. (4) A trade between a motor vehicle dealer registered as a lease finance dealer or as a fleet lessor or both and any other person or entity is exempt from the Act and the regulations, except for clause 53 (1) (k) of this Regulation, if, (a)  the purpose of the trade is to facilitate or complete a financing transaction involving the registrant, howsoever the transaction is structured, whether as a bulk purchase, a securitization of assets or otherwise; or (b)  the trade is made in connection with a financing transaction described in clause (a) and for no other purpose.  O. Reg. 377/09, s. 1. Exemptions for Certain Classes of Registrants
Exemptions for Certain Classes of Registrants
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Exemptions relating to salespersons
 3. (1) This section applies with respect to a motor vehicle dealer registered only as one or more of the following: 1.  A lease finance dealer. 2.  A fleet lessor.  O. Reg. 333/08, s. 3 (1). (2) A motor vehicle dealer described in subsection (1) is exempt from the following provisions of the Act with respect to the dealer’s activities as a dealer registered in the class, except if the dealer is registered as a lease finance dealer and is making a sale described in subclause 24 (2) (c) (i) of this Regulation: 1.  Subsection 4 (3). 2.  Clause 24 (1) (c).  O. Reg. 333/08, s. 3 (2). (3) A salesperson who is employed by a motor vehicle dealer described in subsection (1) is exempt from the following provisions of the Act with respect to that employment and the dealer’s activities as a dealer registered in the class, except if the salesperson is involved in a further lease described in clause 24 (2) (b.1) or a sale described in subclause 24 (2) (c) (i) of this Regulation: 1.  Clause 4 (1) (b) and subsection 4 (5). 2.  Subsection 24 (2).  O. Reg. 333/08, s. 3 (3); O. Reg. 221/09, s. 3.
Exemptions relating to shareholders
 4. A motor vehicle dealer registered only as one or more of the following is exempt from sections 7 and 13 of the Act: 1.  A lease finance dealer. 2.  A fleet lessor.  O. Reg. 333/08, s. 4.
Exemptions relating to financial enforcement powers
 5. A motor vehicle dealer registered only as one or more of the following is exempt from sections 21 and 22 of the Act: 1.  A lease finance dealer. 2.  A fleet lessor.  O. Reg. 333/08, s. 5.
Exemptions relating to certain reports
 6. (1) A motor vehicle dealer registered only as a fleet lessor is exempt from clause 24 (1) (b) of the Act and subsection 24 (4) of the Act.  O. Reg. 333/08, s. 6 (1). (2) A motor vehicle dealer registered only as a lease finance dealer is exempt from clause 24 (1) (b) of the Act.  O. Reg. 333/08, s. 6 (2).
Exemptions relating to advertising
 7. A motor vehicle dealer registered as one or more of the following is exempt from section 36 with respect to the dealer’s activities as a dealer registered in the class: 1.  A wholesaler. 2.  An exporter. 3.  An outside Ontario dealer. 4.  A fleet lessor.  O. Reg. 333/08, s. 7. Part III   Registration General
PART III REGISTRATION
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Name of registration
 8. The registered name of a registrant may be, (a)  the complete legal name of the registrant; (b)  one or more of the legal given names of the registrant, in the correct order, followed by the registrant’s legal surname, if the registrant is an individual; or (c)  one or more of the names registered under the Business Names Act by the registrant, if the registrant is a registered motor vehicle dealer.  O. Reg. 333/08, s. 8.
Applications for registration
 9. An application for registration or renewal of registration as a motor vehicle dealer or as a salesperson shall, (a)  be on a form that the registrar approves and that is completed in full; and (b)  be accompanied by the relevant fee set by the administrative authority under clause 12 (1) (b) of the Safety and Consumer Statutes Administration Act, 1996, if there is an administrative authority.  O. Reg. 333/08, s. 9.
Motor vehicle dealers trading from multiple places
 12. For greater clarity, a motor vehicle dealer that trades from more than one place can be registered as only one motor vehicle dealer and, in accordance with section 28, the registration of the dealer shall list the places from which the dealer is authorized to trade.  O. Reg. 333/08, s. 12.
Requirements for registration as a salesperson
 13. (1) The following are prescribed, for the purposes of subsections 5.1 (1) and 6 (1) of the Act, as requirements for registration or renewal of registration as a salesperson: 1.  The fee required under clause 9 (b) is paid. 2.  Subject to subsection (3), the applicant meets one of the following conditions: i.  At the time of the application, the applicant has successfully completed the course designated by the registrar for the purposes of this subparagraph. ii.  The applicant was registered as a salesperson under the Motor Vehicle Dealers Act
before its repeal and the application is made no more than two years after the expiry of the applicant’s most recent registration as a salesperson. iii.  The applicant was previously registered as a salesperson under the Act, the registration has expired but, at any time less than two years before the time of the current application for registration, the applicant successfully completed the course designated by the registrar for the purposes of the previous registration and the course has not changed since the applicant successfully completed it.  O. Reg. 333/08, s. 13 (1); O. Reg. 221/09, s. 6. (2) Subparagraphs 2 ii and iii of subsection (1) do not prevent the registration from being made subject to a condition requiring the taking of the course described in subparagraph i of that subsection.  O. Reg. 333/08, s. 13 (2). (3) Paragraph 2 of subsection (1) does not apply to an applicant who applies to be registered to no other motor vehicle dealer other than a motor vehicle dealer registered as an outside Ontario dealer.  O. Reg. 333/08, s. 13 (3).
Condition of registration for registered salespersons
 14. It is a condition of registration as a salesperson that the salesperson is employed or retained to act as a salesperson by no more than one registered motor vehicle dealer unless all the dealers give their written consent in a form approved by the registrar.  O. Reg. 333/08, s. 14.
Restriction on time to reapply for registration
 15. The prescribed time for the purpose of clause 12 (a) of the Act is two years.  O. Reg. 333/08, s. 15.
Certificate of registration
 16. (1) Upon granting or renewing a registration as a motor vehicle dealer or as a salesperson, the registrar shall issue a certificate of registration to the registrant showing the following: 1.  A registered name of the registrant. 2.  A registration number. 3.  The expiry date for the registration. 4.  If the registrant is a motor vehicle dealer, the place to which the certificate relates, except if the registrant is registered as an outside Ontario dealer, lease finance dealer or fleet lessor. 5.  If the registrant is a motor vehicle dealer, the classes of registration and subclasses, if applicable. 6.  If the registrant is a salesperson, a motor vehicle dealer to whom the registrant is registered.  O. Reg. 333/08, s. 16 (1). (2) In the case of a registered motor vehicle dealer, other than an outside Ontario dealer, a lease finance dealer or a fleet lessor, the registrar shall issue a certificate of registration suitable for posting under subsection 29 (1) to the dealer for each place from which the dealer is authorized to trade.  O. Reg. 333/08, s. 16 (2). (3) In the case of motor vehicle dealer registered as an outside Ontario dealer, a lease finance dealer or a fleet lessor, the registrar shall issue a certificate of registration to the dealer in the form that the registrar determines.  O. Reg. 333/08, s. 16 (3). (4) In the case of a registered motor vehicle dealer that is a sole proprietor but not an outside Ontario dealer, a lease finance dealer or a fleet lessor and in the case of a registered salesperson, the registrar shall issue an additional certificate of registration that the registrant may carry on the person.  O. Reg. 333/08, s. 16 (4).
Expiry of registration
 17. (1) Subject to this section, a registration as a motor vehicle dealer or as a salesperson expires on the date shown on the certificate of registration.  O. Reg. 333/08, s. 17 (1). (2) The registration of a registered salesperson expires when none of the registered motor vehicle dealers to whom the salesperson is registered employ the salesperson any longer.  O. Reg. 333/08, s. 17 (2). (3) If the registration of a registered salesperson expires under subsection (2) and, within the period described in subsection (4), the salesperson is employed by a registered motor vehicle dealer to act as a salesperson in a capacity for which the salesperson is required to be registered, the salesperson may, during that period, make an application for registration in a form that the registrar has approved for use in those circumstances.  O. Reg. 333/08, s. 17 (3). (4) The period mentioned in subsection (3) is the period that begins on the day the registration of the salesperson expires under subsection (2) and ends on the date that the previous registration of the salesperson would have expired under subsection (1) if it had not expired under subsection (2).  O. Reg. 221/09, s. 7. (5) If the registrar grants an application mentioned in subsection (3), the registration expires on the date that the previous registration of the salesperson would have expired under subsection (1) if it had not expired under subsection (2).  O. Reg. 333/08, s. 17 (5). Classes of Motor Vehicle Dealers
Classes of Motor Vehicle Dealers
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Classes of motor vehicle dealers
 18. (1) The following classes and subclasses of motor vehicle dealers are established for the purpose of registration: 1.  General dealer, consisting of the following subclasses: i.  New and used motor vehicles. ii.  Used motor vehicles. 2.  Broker. 3.  Wholesaler. 4.  Exporter. 5.  Outside Ontario dealer. 6.  Lease finance dealer. 7.  Fleet lessor.  O. Reg. 333/08, s. 18 (1); O. Reg. 377/09, s. 2. (2) A motor vehicle dealer, other than a dealer registered as a general dealer, broker or outside Ontario dealer, may be registered in more than one class or subclass of motor vehicle dealer.  O. Reg. 333/08, s. 18 (2). Authorized Activities for Classes of Motor Vehicle Dealers
Authorized Activities for Classes of Motor Vehicle Dealers
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General dealers
 19. (1) A motor vehicle dealer registered as a general dealer in the subclass of new and used motor vehicles is authorized to act as a motor vehicle dealer for all trades in motor vehicles.  O. Reg. 333/08, s. 19 (1). (2) A motor vehicle dealer registered as a general dealer in the subclass of used motor vehicles shall not act as a motor vehicle dealer, other than for trades in used motor vehicles.  O. Reg. 333/08, s. 19 (2). (3) It is a condition of registration of a motor vehicle dealer registered as a general dealer that the dealer shall not be registered in more than one subclass of general dealer.  O. Reg. 333/08, s. 19 (3).
Brokers
 20. (1) A motor vehicle dealer registered as a broker shall not act as a motor vehicle dealer, other than, (a)  to act on behalf of a customer who is not a registrant to facilitate a trade in a motor vehicle involving the customer as a party, where the broker has no property interest in the trade and where the broker does not take or handle the funds used to pay for the trade; or (b)  to advertise with respect to the activity described in clause (a).  O. Reg. 333/08, s. 20 (1). (2) It is a condition of registration of a motor vehicle dealer registered as a broker that the dealer shall be not registered in more than one class of motor vehicle dealer and shall not be associated with any other registrant as described in subsection 1 (2) of the Act.  O. Reg. 333/08, s. 20 (2). (3) It is a condition of registration as a broker that, when the broker acts on behalf of a customer to facilitate a trade, the broker shall not, (a)  represent the interests of any person other than the customer; (b)  receive compensation from a person who is not a party to the trade; or (c)  receive compensation from more than one party to the trade.  O. Reg. 333/08, s. 20 (3). (4) A motor vehicle dealer registered as a broker shall not sell extended warranties or service plans or facilitate their sale through the broker.  O. Reg. 333/08, s. 20 (4). (5) A motor vehicle dealer registered as a broker shall not take possession of the motor vehicle that is the subject of a trade.  O. Reg. 333/08, s. 20 (5).
Wholesalers
 21. A motor vehicle dealer registered as a wholesaler shall not act as a motor vehicle dealer, other than, (a)  to trade in motor vehicles with other registered motor vehicle dealers; (a.1)  to purchase motor vehicles from the Crown or a person who is exempt from the Act and the regulations as a result of one of the paragraphs of subsection 2 (1); or (b)  to sell motor vehicles at an auction where, (i)  the person who arranges for and conducts the auction is exempt from the Act and the regulations as a result of paragraph 1 of subsection 2 (1), and (ii)  the sale is made to a person who, at the time of the sale, is located in another jurisdiction and registered in that jurisdiction as a person with equivalent status to a registered motor vehicle dealer.  O. Reg. 333/08, s. 21; O. Reg. 221/09, s. 8.
Exporters
 22. A motor vehicle dealer registered as an exporter shall not act as a motor vehicle dealer, other than to buy motor vehicles for the purpose of export outside of Ontario and to advertise with respect to such buying.  O. Reg. 333/08, s. 22.
Outside Ontario dealers
 23. (1) A motor vehicle dealer registered as an outside Ontario dealer shall not act as a motor vehicle dealer, other than to buy motor vehicles for the purpose of export outside of Ontario and to advertise with respect to such buying.  O. Reg. 333/08, s. 23 (1). (2) It is a condition of registration as an outside Ontario dealer that the dealer shall not have a place authorized in the dealer’s registration to which the dealer invites the public to deal with respect to motor vehicles or from which the dealer trades in motor vehicles.  O. Reg. 333/08, s. 23 (2).
Lease finance dealers
 24. (1) A motor vehicle dealer registered as a lease finance dealer shall not be associated, as described in subsection 1 (2) of the Act, with a motor vehicle dealer registered as a general dealer, unless the association is the result of the lease finance dealer and the general dealer both being associated with the same person who is exempt from the Act and the regulations as a result of paragraph 21 of subsection 2 (1).  O. Reg. 333/08, s. 24 (1). (2) A motor vehicle dealer registered as a lease finance dealer shall not act as a motor vehicle dealer, other than, (a)  to buy motor vehicles; (b)  to lease a motor vehicle to a lessee if, (i)  the lease is made through a motor vehicle dealer registered as a general dealer, and (ii)  the lease is for a term of at least 120 consecutive days; (b.1)  to lease to a lessee a motor vehicle previously leased to the lessee under clause (b) if the further lease is made through a motor vehicle dealer registered as a general dealer or a salesperson registered to the lease finance dealer; (c)  to sell a previously leased motor vehicle, (i)  directly to the lessee, an individual who drove the vehicle during the term of the lease or, if the lessee is a partnership, a partner of the lessee, (ii)  to any of the persons described in subclause (i) through a motor vehicle dealer registered as a general dealer, (iii)  to a registered motor vehicle dealer or to a person who is exempt from the Act and the regulations as a result of paragraph 21 of subsection 2 (1), or (iv)  at an auction where, (A)  the person who arranges for and conducts the auction is exempt from the Act and the regulations as a result of paragraph 1 of subsection 2 (1), and (B)  the sale is made to a person who, at the time of the sale, is located in another jurisdiction and registered in that jurisdiction as a person with equivalent status to a registered motor vehicle dealer; (d)  to sell a motor vehicle that the lease finance dealer has repossessed to or through a registered motor vehicle dealer or at an auction where, (i)  the person who arranges for and conducts the auction is exempt from the Act and the regulations as a result of paragraph 1 of subsection 2 (1), and (ii)  the sale is made to a person who, at the time of the sale, is located in another jurisdiction and registered in that jurisdiction as a person with equivalent status to a registered motor vehicle dealer; (e)  to trade in a motor vehicle with a motor vehicle dealer who is registered as a general dealer or a person who is exempt from the Act and the regulations as a result of paragraph 21 of subsection 2 (1); (f)  to trade in a motor vehicle with the purchaser if, (i)  the vehicle is the subject of a conditional sales contract originally entered into between the purchaser and a general dealer, and (ii)  the general dealer has assigned its interest under the contract to the lease finance dealer; or (g)  to advertise with respect to the activities described in any of clauses (a) to (f).  O. Reg. 333/08, s. 24 (2); O. Reg. 221/09, s. 9.
Fleet lessors
 25. A motor vehicle dealer registered as a fleet lessor shall not act as a motor vehicle dealer, other than, (a)  to buy motor vehicles or lease motor vehicles as a lessee; (b)  to lease a motor vehicle to a lessee who is not a consumer within the meaning of the Consumer Protection Act, 2002; (c)  to sell a previously leased motor vehicle, (i)  to the lessee, (ii)  to an individual who drove the motor vehicle during the term of the lease, (iii)  to an officer or director of the lessee, if the lessee is a corporation, (iv)  to a partner of the lessee, if the lessee is a partnership, or (v)  to a registered motor vehicle dealer or to a person who is exempt from the Act and the regulations as a result of paragraph 21 of subsection 2 (1), or (vi)  at an auction where, (A)  the person who arranges for and conducts the auction is exempt from the Act and the regulations as a result of paragraph 1 of subsection 2 (1), and (B)  the sale is made to a person who, at the time of the sale, is located in another jurisdiction and registered in that jurisdiction as a person with equivalent status to a registered motor vehicle dealer; or (d)  to advertise with respect to the activities described in any of clauses (a), (b) and (c).  O. Reg. 333/08, s. 25; O. Reg. 221/09, s. 10; O. Reg. 377/09, s. 3. 26. Revoked: 
O. Reg. 377/09, s. 4. Disclosure of Information on Registrants and Others
Disclosure of Information on Registrants and Others
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PART IV CONDUCT OF REGISTRANTS
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Place of business
 28. (1) Subject to subsection (2), the certificate of registration of a motor vehicle dealer shall list the places from which the dealer is authorized to trade.  O. Reg. 333/08, s. 28 (1); O. Reg. 221/09, s. 12. (2) The certificate of registration of a motor vehicle dealer shall not list the places from which the dealer is authorized to trade, if the dealer is registered as a lease finance dealer, a fleet lessor or both.  O. Reg. 333/08, s. 28 (2); O. Reg. 221/09, s. 12. (3) Subsections (4), (6) and (7) do not apply to a motor vehicle dealer registered only as one or more of the following: 1.  An outside Ontario dealer. 2.  A lease finance dealer. 3.  A fleet lessor.  O. Reg. 333/08, s. 28 (3). (4) Except for advertising, a registered motor vehicle dealer other than a motor vehicle dealer registered only as a broker shall not trade except from a place authorized by the dealer’s registration.  O. Reg. 333/08, s. 28 (4). (5) A registered motor vehicle dealer is exempt from subsection (4) if the dealer, (a)  sells a motor vehicle under a consignment contract with another registered motor vehicle dealer as consignee at a place from which the consignee is authorized to trade; (b)  sells or acquires an interest in a motor vehicle at an auction of motor vehicles; or (c)  acquires an interest in a motor vehicle under a trade with another registered motor vehicle dealer, where the trade takes place at a place from which one of the dealers is authorized to trade.  O. Reg. 333/08, s. 28 (5). (6) Except in the case of a motor vehicle dealer registered only as a wholesaler or broker, each place from which a registered motor vehicle dealer is authorized to trade shall be separate from a dwelling.  O. Reg. 333/08, s. 28 (6). (7) A registered motor vehicle dealer shall maintain an office, in accordance with subsection (8), at each place from which the dealer is authorized to trade.  O. Reg. 333/08, s. 28 (7). (8) The office shall be of sufficient size to permit the secure storage of records that this Regulation requires the registered motor vehicle dealer to keep at the place.  O. Reg. 333/08, s. 28 (8). (9) It is a condition of registration as a motor vehicle dealer that the dealer comply with all municipal by-law requirements that apply to each place from which the dealer trades.  O. Reg. 333/08, s. 28 (9).
Signs
 30. (1) A registered motor vehicle dealer shall post, at each place from which the dealer trades, a sign that is clearly visible to the public, that cannot be removed except through express human effort or force majeure and that displays a registered name of the dealer.  O. Reg. 333/08, s. 30 (1). (2) Subsection (1) does not apply to a motor vehicle dealer registered only as one or more of the following: 1.  An outside Ontario dealer. 2.  A lease finance dealer. 3.  A fleet lessor.  O. Reg. 333/08, s. 30 (2).
Notice of events to registrar
 31. (1) Every registrant shall, within five days after the occurrence of the event, notify the registrar in writing of, (a)  any change to the information that the registrant supplied for the purpose of obtaining registration; and (b)  the giving of the consent described in section 14.  O. Reg. 333/08, s. 31 (1). (2) A corporation that is required to provide a notice to the registrar under subsection 13 (1) of the Act shall provide the notice in a form approved by the registrar and shall identify in the notice, (a)  the person, or the persons that are associated with each other, who, as a result of the issue or transfer of equity shares of the corporation, are 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)  the person, or the persons that are associated with each other, who already beneficially own or control 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation before the issue or transfer and who, as a result of the issue or transfer of equity shares of the corporation, are increasing that percentage.  O. Reg. 333/08, s. 31 (2). (3) A person who is required to provide a notice to the registrar under subsection 24 (1) or (2) of the Act or clause 31 (1) (b) of this Regulation shall provide the notice in a form approved by the registrar.  O. Reg. 333/08, s. 31 (3).
Restrictions on identification numbers and labels
 32. (1) No registrant shall affix, or cause to be affixed, a vehicle identification number to a motor vehicle.  O. Reg. 333/08, s. 32 (1). (2) No registrant shall use a vehicle identification number in respect of a motor vehicle if the number does not relate to the vehicle.  O. Reg. 333/08, s. 32 (2). (3) No registrant shall facilitate the use of a vehicle identification number for dishonest purposes.  O. Reg. 333/08, s. 32 (3). (4) It is a condition of registration that a registrant not remove or alter any label or number that was affixed to a motor vehicle by any lawful authority in or outside of Canada, except if the removal or alteration is permitted by law.  O. Reg. 333/08, s. 32 (4). (5) It is a condition of registration that a registrant not trade in a motor vehicle that has affixed to it a vehicle identification number that has been obliterated, defaced or that is not easily recognizable.  O. Reg. 333/08, s. 32 (5).
Odometers
 33. If the odometer of a motor vehicle in the possession or control of a registrant is exchanged or repaired, the registrant shall ensure that the person doing the exchange or repair, as the case may be, holds all qualifications required by law for doing so.  O. Reg. 333/08, s. 33.
Requirements at exempt auctions
 34. (1) If a person who arranges for and conducts an auction of motor vehicles is exempt, under paragraph 1 of subsection 2 (1), from the Act and the regulations in connection with the auction and conducts the auction so that bidders are physically present, no registrant shall facilitate access into the bidding area by persons other than those set out in paragraph 4 of subsection 2 (3).  O. Reg. 333/08, s. 34 (1). (2) If the person who arranges for and conducts an auction of motor vehicles is exempt, under paragraph 1 of subsection 2 (1), from the Act and the regulations in connection with the auction and conducts the auction so that bidders have access to the auction through electronic means, no registrant shall permit or facilitate access to the auction through electronic means by any person who is not a registrant.  O. Reg. 333/08, s. 34 (2).
Compliance by salespersons with Code of Ethics
 35. A registered motor vehicle dealer is exempt from section 23 of the Act with respect to compliance with Ontario Regulation 332/08 (Code of Ethics and Operation of Committees) made under the Act by registered salespersons that the dealer employs.  O. Reg. 333/08, s. 35. Trading by Motor Vehicle Dealers
Trading by Motor Vehicle Dealers
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Maximum period for pre-approval of advertising
 37. (1) For the purposes of subsection 29 (5) of the Act, a two-year period is prescribed.  O. Reg. 333/08, s. 37 (1). (2) The prescribed period begins, (a)  upon the expiry of the time for requesting a hearing by the Tribunal, if the registrant does not appeal an order of the registrar made under subsection 29 (1) of the Act; (b)  when the Tribunal upholds the order or variation of it, if the Tribunal upholds the order or a variation of it.  O. Reg. 333/08, s. 37 (2).
Deposits given before contract made
 38. If a customer who is not a registered motor vehicle dealer gives a registered motor vehicle dealer a deposit or a motor vehicle as a trade-in before entering into a contract for the purchase or lease of a motor vehicle, then requests the return of the deposit or the vehicle being traded-in before entering into the contract, the dealer shall immediately return the deposit or the vehicle being traded-in, as the case may be, to the customer, even if, (a)  the dealer is not the dealer who sells or leases the vehicle being sold or leased to the customer; or (b)  the customer does not enter into a contract for the purchase or lease of a motor vehicle.  O. Reg. 333/08, s. 38.
Providing financing of motor vehicles
 44. If a registered motor vehicle dealer enters into a contract for the sale of a motor vehicle with a purchaser who is not a registered motor vehicle dealer and provides financing for the purchase or the application for the financing to the purchaser, the selling dealer shall use best efforts to ensure that the terms of the credit agreement between the purchaser and the person providing the financing do not vary from the information that person has provided to the purchaser under subsection 39 (1) or 40 (1), as applicable.  O. Reg. 333/08, s. 44.
Retail sales at auctions
 46. A motor vehicle dealer registered as a general dealer who arranges for the sale of one or more motor vehicles at an auction conducted by that dealer shall ensure that, (a)  no person sells a motor vehicle at the auction unless, (i)  the person is a registered motor vehicle dealer, is exempt from the Act and the regulations or is the Crown, and (ii)  the dealer clearly discloses on whose behalf the vehicle is being sold, if it is not being sold on the dealer’s behalf; and (b)  before a motor vehicle is sold at the auction, the person selling the vehicle appears, on a reasonable basis, to have complied with section 5 of Ontario Regulation 332/08 (Code of Ethics and Operation of Committees) made under the Act, whether or not that regulation applies to the person selling the vehicle.  O. Reg. 221/09, s. 17.
Export outside of Ontario
 51. No registered motor vehicle dealer shall export a motor vehicle outside of Ontario unless the dealer has taken ownership of the vehicle before exporting it.  O. Reg. 333/08, s. 51. Motor Vehicle Dealer Records and Accounts
Motor Vehicle Dealer Records and Accounts
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Records of motor vehicles
 52. (1) A registered motor vehicle dealer shall maintain a record of every motor vehicle that comes into the dealer’s possession for the purpose of a trade in the vehicle.  O. Reg. 333/08, s. 52 (1). (2) The record required under subsection (1) for a motor vehicle shall include, (a)  the vehicle identification number of the vehicle; (b)  a copy of any safety standards certificate under the
Highway Traffic Act provided to the registered motor vehicle dealer for the vehicle; (c)  the results of any inspection of the vehicle under the Highway Traffic Act provided to the registered motor vehicle dealer; (d)  if the registered motor vehicle dealer causes work to be done on the vehicle, including any repair or reconditioning, the full and accurate particulars of the work, the sources of any parts used for the work, the cost of the work and the name of the person doing the work; (e)  if the odometer of the vehicle is exchanged or repaired, (i)  a record of the reading, according to the distance established by the odometer, that was on the odometer both before and after the exchange or repair, and (ii)  the name of the person who did the exchange or repair; (f)  if subsection 11 (2) of the Highway Traffic Act applies to the dealer, a record that the dealer has complied with that subsection; and (g)  a record that the registered motor vehicle dealer has complied with subsection 60 (1) of the Highway Traffic Act if that subsection applies to the dealer.  O. Reg. 333/08, s. 52 (2). (3) Clauses (2) (b), (c) and (d) do not apply to a motor vehicle dealer registered as an outside Ontario dealer.  O. Reg. 333/08, s. 52 (3).
Records relating to trades
 53. (1) A registered motor vehicle dealer shall maintain records of, (a)  each consignment contract that the dealer enters into with respect to a motor vehicle; (b)  each sale to a purchaser of a motor vehicle that is the subject of a consignment contract, whether the dealer is the consignor or the consignee; (c)  each agreement that the dealer enters into with a customer with respect to a motor vehicle, if the dealer is registered as a broker; (d)  for each trade in a motor vehicle made by the dealer where a motor vehicle dealer registered as a broker has facilitated the trade, an indication of that fact; (e)  each sale by the dealer of a motor vehicle to a purchaser, including sales made through a motor vehicle dealer registered as a general dealer; (f)  each lease of a motor vehicle by the dealer to a lessee, including leases made through a motor vehicle dealer registered as a general dealer; (g)  each sale or lease of a motor vehicle that is facilitated through the dealer, if the dealer is motor vehicle dealer registered as a general dealer; (h)  each purchase of a motor vehicle by the dealer, including as a trade-in; (i)  each sale of an extended warranty or a service plan for a motor vehicle, where the sale is made by the dealer or is facilitated through the dealer; (j)  for each trade in a motor vehicle by the dealer, the method and amount of payment to or by the dealer, including commissions, and the records shall include copies of cheques, receipts or other evidence of receipt of payments; and (k)  for each trade in a motor vehicle made by the dealer, where the trade is a trade described in subsection 2.1 (3) and the dealer registered as a lease finance dealer or as a fleet lessor or both, (i)  the name of the person or entity mentioned in that subsection, (ii)  the date of the trade and the vehicle identification number of the vehicle, and (iii)  all documents or portions of them evidencing the trade.  O. Reg. 333/08, s. 53 (1); O. Reg. 377/09, s. 7. (2) Clauses (1) (f) and (j) do not apply to a motor vehicle dealer registered only as a fleet lessor.  O. Reg. 333/08, s. 53 (2). (3) The records mentioned in clauses (1) (b) to (g) shall include correspondence,  worksheets and other documents, if any, showing cost breakdowns relating to the trades described in those clauses.  O. Reg. 333/08, s. 53 (3). (4) A registered motor vehicle dealer who is required to maintain the records mentioned in clause (1) (a), (b), (c), (e), (f), (h) or (i) shall maintain copies of every one of those contracts or agreements, as the case may be.  O. Reg. 333/08, s. 53 (4).
Records of business
 54. (1) A registered motor vehicle dealer shall maintain records respecting the dealer’s business including, (a)  names of the employees of the dealer, the positions that they hold, the dates of their employment, how much they are paid and proof of payment; (b)  a list of the persons who are associated with the dealer as described in subsection 1 (2) of the Act and the way in which they are associated; (c)  records of any financing of the business, including any security interests granted by the dealer and loan agreements and credit arrangements made by the dealer; and (d)  records for each account required under section 59.  O. Reg. 333/08, s. 54 (1). (2) This section does not apply to a motor vehicle dealer registered only as one or more of the following: 1.  A lease finance dealer. 2.  A fleet lessor.  O. Reg. 333/08, s. 54 (2).
Reporting of unavailable records
 55. If a record required under section 52, 53 or 54 becomes unavailable by reason of force majeure, the registered motor vehicle dealer shall advise the registrar in writing within five days and specify the nature of the force majeure.  O. Reg. 333/08, s. 55.
Retention of records
 56. (1) A registered motor vehicle dealer shall retain a record required under section 52, 53 or 54 for at least six years after, (a)  in the case of a record required under section 52 or 53, the date of the consignment contract or trade made by the dealer for the motor vehicle to which the record relates; or (b)  in the case of a record required under section 54, the date that the record is made.  O. Reg. 333/08, s. 56 (1). (2) A registered motor vehicle dealer shall keep a record retained under subsection (1) at, (a)  any place, other than a dwelling, chosen by the dealer and approved by the registrar, if the dealer, (i)  is registered as an outside Ontario dealer, lease finance dealer, fleet lessor or a combination of those classes, or (ii)  is registered as a broker or wholesaler and, in fact, trades only from a dwelling; or (b)  one of the following places in all other cases: (i)  any place, other than a dwelling, from which the dealer is authorized to trade, (ii)  any place, other than a dwelling, chosen by the dealer and approved by the registrar.  O. Reg. 333/08, s. 56 (2). (3) The registrar may approve a place for the purposes of clause (2) (a) or subclause (2) (b) (ii) if the person in charge of the place agrees in writing to provide the registrar or a person designated in writing by the registrar with access to the place for the purposes of conducting an inspection under section 15 of the Act during normal business hours for the place.  O. Reg. 333/08, s. 56 (3). (4) A registered motor vehicle dealer who keeps the records retained under subsection (1) at a place described in subclause (2) (b) (i) shall notify the registrar, (a)  within six months after the day this Regulation comes into force, of the place or places at which the dealer keeps the records, if the dealer is registered as a motor vehicle dealer under the Motor Vehicle Dealers Act immediately before the day section 12 of Schedule E to the Consumer Protection Statute Law Amendment Act, 2002 comes into force; (b)  of the place or places at which the dealer will keep the records, before keeping the records at any such place, if the dealer is not a registered motor vehicle dealer as described in clause (a); and (c)  which records are kept at which place.  O. Reg. 333/08, s. 56 (4).
Certain records under the Highway Traffic Act
 57. (1) Section 55 applies to the records that a registered motor vehicle dealer is required to keep under subsection 60 (1) of the Highway Traffic Act
and section 4 of Regulation 595 of the Revised Regulations of Ontario, 1990 (Garage Licences) made under that Act.  O. Reg. 333/08, s. 57 (1). (2) The registered motor vehicle dealer shall retain a record that the dealer is required to keep under subsection 60 (1) of the Highway Traffic Act for at least six years after the date of the contract under which the dealer buys, sells, or otherwise trades in the motor vehicles to which the record relates.  O. Reg. 333/08, s. 57 (2). (3) The registered motor vehicle dealer shall retain a record that the dealer is required to keep under section 4 of Regulation 595 of the Revised Regulations of Ontario, 1990 (Garage Licences) made under the Highway Traffic Act for at least six years after the date that the record is made.  O. Reg. 333/08, s. 57 (3).
Bank accounts
 59. (1) A registered motor vehicle dealer who is not an outside Ontario dealer, lease finance dealer or fleet lessor shall maintain one or more non-trust accounts.  O. Reg. 333/08, s. 59 (1). (2) A registered motor vehicle dealer described in subsection (1) shall ensure that each non-trust account, (a)  is located 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; and (b)  is in the legal name of the registered motor vehicle dealer and indicates, if it is different, a registered name of the dealer.  O. Reg. 333/08, s. 59 (2); O. Reg. 132/22, s. 2. (3) A registered motor vehicle dealer described in subsection (1) shall ensure that, (a)  all amounts that the dealer receives in connection with a trade in a motor vehicle are deposited in a non-trust account mentioned in subsection (2) unless the dealer is required to deposit the amounts into the trust account required under section 25 of the Act; and (b)  all amounts that the dealer pays in connection with a trade in a motor vehicle are paid from a non-trust account mentioned in subsection (2) or the trust account required under section 25 of the Act.  O. Reg. 333/08, s. 59 (3).
Notification of persons with signing authority
 60. (1) Upon being registered as a motor vehicle dealer, a motor vehicle dealer, other than a dealer registered as a fleet lessor, shall notify the registrar, in a form that the registrar provides, of the names of the persons who have any one or more of the following: 1.  The authority to sign financial documents relating to a trade in a motor vehicle on behalf of the dealer. 2.  The authority to bind the dealer with respect to financial and other obligations regarding the operations of the dealer. 3.  Signing authority over accounts that section 58 or 59 requires the dealer to maintain.  O. Reg. 333/08, s. 60 (1). (2) Despite subsection (1), a motor vehicle dealer who, under section 41 of the Act, is deemed to be registered as a motor vehicle dealer on the day the Act comes into force and who is required to notify the registrar under subsection (1) shall do so within 90 days of that day.  O. Reg. 333/08, s. 60 (2). (3) If there is any change in the information required to be in the notification that subsection (1) requires a registered motor vehicle dealer to provide to the registrar, the dealer shall notify the registrar of the change within five days of the change, in a form that the registrar provides.  O. Reg. 333/08, s. 60 (3). Part V   MOTOR vehicle dealers Compensation fund Definitions
PART V MOTOR VEHICLE DEALERS COMPENSATION FUND
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Definitions
 61. In this Part, “Board” means the board of trustees for the Fund; (“conseil”) “Trustee” means the Trustee appointed under section 70. (“fiduciaire”)  O. Reg. 333/08, s. 61. Board
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Composition
 62. (1) The Board shall consist of nine members.  O. Reg. 333/08, s. 62 (1). (2) If there is an administrative authority, the Minister shall appoint three of the members of the Board and the board of the authority shall appoint the rest.  O. Reg. 333/08, s. 62 (2). (3) The Minister and, if there is an administrative authority, the board of the authority shall appoint members of the Board so that, as close as possible, (a)  half of the members are representatives of consumer interests but are not, (i)  registrants, (ii)  shareholders, officers, directors or employees of a registrant, a former registrant or a person registered at any time under the Motor Vehicle Dealers Act, or (iii)  officers, directors or employees of a trade association that represents registrants or the interests of registrants; and (b)  half of the members are representatives of the interests of registrants and are registrants or officers or directors of a registrant.  O. Reg. 333/08, s. 62 (3).
Quorum
 63. (1) A majority of the Board constitutes a quorum.  O. Reg. 333/08, s. 63 (1). (2) A member who is disqualified from participating with respect to a matter shall not be counted in determining whether or not a quorum of members is present when that matter is considered.  O. Reg. 333/08, s. 63 (2). (3) A member of the Board is disqualified from participating and shall not participate in any deliberation or decision of the Board with respect to any claim for compensation from the Fund under this Regulation relating to a registered motor vehicle dealer if, (a)  the member is the dealer or an officer or director of the dealer; (b)  the member has a financial interest in the dealer; (c)  the member is associated with the dealer as described in subsection 1 (2) of the Act; or (d)  the member has a conflict of interest.  O. Reg. 333/08, s. 63 (3).
Conduct of affairs
 64. (1) The Board shall designate one of its members as chair and another as vice-chair.  O. Reg. 333/08, s. 64 (1). (2) The Board may pass by-laws with respect to the conduct of its affairs.  O. Reg. 333/08, s. 64 (2). (3) The Board shall record its meetings by minutes.  O. Reg. 333/08, s. 64 (3).
Compensation and expenses of members
 65. (1) A member of the Board is entitled to be paid compensation, from the Fund, for acting as a member and to be reimbursed, from the Fund, for reasonable expenses.  O. Reg. 333/08, s. 65 (1). (2) The amount of compensation a member is entitled to under subsection (1) shall be determined by the board of the administrative authority if there is an administrative authority.  O. Reg. 333/08, s. 65 (2).
Employees and persons retained
 66. (1) The Board may employ or retain the services of the persons, including counsel, accountants, appraisers or other experts or advisers, that it reasonably requires to assist in the efficient administration and resolution of claims for compensation from the Fund under this Regulation and the discharge of the Board’s duties.  O. Reg. 333/08, s. 66 (1). (2) If the Board employs or retains the services of a person under subsection (1), (a)  the Board shall not be responsible for any act or omission of the person, if the person is a professional; and (b)  the fees and expenses that the Board incurs in employing or retaining the services of the person shall be paid from the Fund.  O. Reg. 333/08, s. 66 (2).
Educational expenses
 67. (1) The Board may incur reasonable expenses for, (a)  promoting public awareness of the Fund and provisions of the Act and this Regulation relating to the protection of payments made by customers in respect of a trade in motor vehicles; and (b)  providing information to the public on the procedure for making a claim for compensation from the Fund under this Regulation.  O. Reg. 333/08, s. 67 (1). (2) The Board is entitled to have its reasonable expenses described in subsection (1) paid from the Fund.  O. Reg. 333/08, s. 67 (2). Administration of Fund