O. Reg. 601/93: USED VEHICLE INFORMATION PACKAGE

 

Highway Traffic Act
Code de la route

ONTARIO REGULATION 601/93

USED VEHICLE INFORMATION PACKAGE

Consolidation Period:  From June 7, 2010 to the e-Laws currency date.

Last amendment: 212/10.

Legislative History: 246/95, 497/95, 88/00, 357/05, 636/05, 445/09, 212/10.

This Regulation is made in English only.

1. In this Regulation,

“used motor vehicle” means,

(a) any motor vehicle having a registered empty vehicle weight of 2,200 kilograms or less as recorded on the vehicle’s most recent permit, which permit must have been issued under section 7 of the Act, except a bus or motor-assisted bicycle or an off-road vehicle as defined in the Off-Road Vehicles Act,

(b) a motorized mobile home, regardless of its gross weight, the most recent permit for which has been issued under section 7 of the Act;

“used vehicle information package” means an information package issued by the Ministry of Consumer and Commercial Relations or the Ministry of Transportation containing information on registrations relating to a used motor vehicle made under the Personal Property Security Act and the Repair and Storage Liens Act and the Ontario registration history of the vehicle.  O. Reg. 601/93, s. 1; O. Reg. 497/95, s. 1.

2. The following classes of sellers or transferors are exempt from providing used vehicle information packages under subsection 11.1 (1) of the Act:

1. An owner of a used motor vehicle who transfers it to a person who transports the goods of other persons for compensation under an agreement for use of the vehicle that provides for the transfer of the vehicle back to the owner on termination of the agreement.

2. A person who transports the goods of other persons for compensation who transfers a used motor vehicle back to the owner of the vehicle on termination of an agreement for use of the vehicle.

3. A person who transfers a used motor vehicle from an estate to any person legally entitled to the vehicle.

4. A corporation that sells or transfers a used motor vehicle forming part of its assets to a shareholder of the corporation.

5. A person who transfers a used motor vehicle for no consideration to a member of his or her family.

6. A spouse or former spouse who transfers to his or her spouse or former spouse a used motor vehicle under a separation agreement or divorce judgment.

6.1 Revoked:  O. Reg. 357/05, s. 1.

7. A person who sells or transfers a used motor vehicle to a hospital, local services board, municipality, school board, university or college.

8. A person who transfers a used motor vehicle to an insurer as defined in the Insurance Act on receiving payment under an insurance policy as a result of the vehicle having been stolen or wrecked.

9. A corporation carrying out multiple transfers of used motor vehicles to another corporation.

10. A motor vehicle dealer who is registered under the Motor Vehicle Dealers Act, 2002, other than a dealer registered as a broker.

10.1 A person who sells or transfers a used motor vehicle to a motor vehicle dealer who is registered under the Motor Vehicle Dealers Act, 2002, other than a dealer registered as a broker.

10.2 A motor vehicle dealer who meets the following requirements:

i. the dealer was registered under the Motor Vehicle Dealers Act on December 31, 2009, and

ii. the dealer is exempted from the Motor Vehicle Dealers Act, 2002 and its regulations under paragraph 18, 19 or 21 of subsection 2 (1) of Ontario Regulation 333/08 (General) made under that Act.

10.3 A motor vehicle dealer who meets the following requirements:

i. the dealer was not registered under the Motor Vehicle Dealers Act on December 31, 2009,

ii. the dealer is exempted from the Motor Vehicle Dealers Act, 2002 and its regulations under paragraph 18, 19 or 21 of subsection 2 (1) of Ontario Regulation 333/08 (General) made under that Act, and

iii. the dealer satisfies the Ministry of that exemption.

10.4 A person who sells or transfers a used motor vehicle to a motor vehicle dealer referred to in paragraph 10.2 or 10.3.

11. An owner of a used motor vehicle who transfers the vehicle to a holder of a taxicab owner’s licence issued under a municipal by-law pursuant to an agreement for use of the vehicle as a taxicab that provides for the transfer of the vehicle back to the owner on termination of the agreement.

12. A holder of a taxicab owner’s licence issued under a municipal by-law who transfers a used motor vehicle back to the owner of the vehicle on termination of an agreement for use of the vehicle as a taxicab.

13. A person who transfers a used motor vehicle for no consideration to a religious, charitable or benevolent organization as defined in the Income Tax Act (Canada).

14. A person who transfers a used motor vehicle under a security agreement as defined in the Personal Property Security Act.

15. A person who transfers a used motor vehicle into that person’s name pursuant to the Repair and Storage Liens Act.

16. A person who transfers a used motor vehicle to any person pursuant to the rules of a licensed lottery.

17. A person who as trustee transfers a used motor vehicle to a person having a beneficial interest in it.

18. A person who sells or transfers a used motor vehicle for the purposes of wrecking or dismantling it to a holder of a Class C licence issued by the Ministry.  O. Reg. 601/93, s. 2; O. Reg. 246/95, s. 1; O. Reg. 497/95, s. 2; O. Reg. 88/00, s. 1; O. Reg. 357/05, s. 1; O. Reg. 636/05, s. 1; O. Reg. 445/09, s. 1; O. Reg. 212/10, s. 1.

3. The following classes of purchasers or transferee are exempt from delivering used vehicle information packages under subsection 11.1 (3) of the Act:

1. An owner of a used motor vehicle that is transferred back to the owner by a person who transports the goods of other persons for compensation on termination of an agreement for use of the vehicle.

2. A person who transports the goods of other persons for compensation to whom a used motor vehicle is transferred by the owner of the vehicle under an agreement for use of the vehicle.

3. A person to whom a used motor vehicle is transferred from an estate for no consideration.

4. A shareholder of a corporation to whom a used motor vehicle forming part of the corporation’s assets is sold or transferred by the corporation.

5. A member of his or her family to whom the transferor transfers a used motor vehicle for no consideration.

6. A spouse or former spouse to whom a used motor vehicle is transferred by his or her spouse or former spouse under a separation agreement or divorce judgment.

6.1 Revoked:  O. Reg. 357/05, s. 2.

7. A hospital, local services board, municipality, school board, university or college to which a used motor vehicle is sold or transferred.

8. An insurer as defined in the Insurance Act to whom a person transfers a used motor vehicle on receiving payment under an insurance policy as a result of the vehicle having been stolen or wrecked.

9. A corporation to which another corporation has made multiple transfers of used motor vehicles.

10. A motor vehicle dealer who is registered under the Motor Vehicle Dealers Act, 2002, other than a dealer registered as a broker, to whom a used motor vehicle is sold or transferred.

10.1 A person to whom a used motor vehicle is sold or transferred by a motor vehicle dealer who is registered under the Motor Vehicle Dealers Act, 2002, other than a dealer registered as a broker.

10.2 A motor vehicle dealer referred to in paragraph 10.2 or 10.3 of section 2 to whom a used motor vehicle is sold or transferred.

10.3 A person to whom a used motor vehicle is sold or transferred by a motor vehicle dealer referred to in paragraph 10.2 or 10.3 of section 2.

11. An owner of a used motor vehicle to whom the vehicle is transferred back on termination of an agreement for use of the vehicle as a taxicab by a holder of a taxicab owner’s licence issued under a municipal by-law.

12. A holder of a taxicab owner’s licence issued under a municipal by-law to whom a used motor vehicle is transferred by the owner of the vehicle under an agreement for use of the vehicle as a taxicab.

13. A religious, charitable or benevolent organization as defined in the Income Tax Act (Canada) to which a used motor vehicle has been transferred for no consideration.

14. A person to whom a used motor vehicle is sold or transferred by a person under a security agreement as defined in the Personal Property Security Act.

15. A person into whose name a used motor vehicle is transferred under the Repair and Storage Liens Act.

16. A person to whom a used motor vehicle is transferred pursuant to the rules of a licensed lottery.

17. A person having a beneficial interest in a used motor vehicle to whom the vehicle is transferred by the trustee.

18. A holder of a Class C licence issued by the Ministry to whom a used motor vehicle has been sold or transferred for the purpose of wrecking or dismantling it.  O. Reg. 601/93, s. 3; O. Reg. 246/95, s. 2; O. Reg. 497/95, s. 3; O. Reg. 88/00, s. 2; O. Reg. 357/05, s. 2; O. Reg. 636/05, s. 2; O. Reg. 445/09, s. 2; O. Reg. 212/10, s. 2.

4. (1) For the purpose of paragraph 5 of sections 2 and 3,

“member of his or her family” means the spouse, father, mother, grandfather, grandmother, son, daughter, grandson, granddaughter, son-in-law, daughter-in-law, father-in-law or mother-in-law of the transferor or transferee, as the case may be.  O. Reg. 601/93, s. 4 (1).

(2) For the purpose of subsection (1) and paragraphs 5 and 6 of sections 2 and 3,

“spouse” has the same meaning as in Part III of the Family Law Act.  O. Reg. 357/05, s. 3.

5. A fee of $20 shall be paid for a used vehicle information package.  O. Reg. 601/93, s. 5.