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ontario regulation 278/24

made under the

Motor Vehicle Dealers Act, 2002

Made: June 26, 2024
Filed: June 27, 2024
Published on e-Laws: June 27, 2024
Published in The Ontario Gazette: July 13, 2024

Amending O. Reg. 333/08

(GENERAL)

1. Section 10 of Ontario Regulation 333/08 is revoked.

2. Section 11 of the Regulation is amended by adding the following subsections:

(1.1) The following is prescribed, for the purposes of subsections 5.1 (1) and 6 (1) of the Act, as a requirement for the renewal of registration as a motor vehicle dealer:

1. The persons identified in subsection (4) must have successfully completed the educational requirements, if any, designated by the registrar for the renewal of registration as a motor vehicle dealer in the applicable class.

. . . . .

(4) Paragraph 1 of subsection (1.1) applies to each of the following persons:

1. If the applicant is an individual, the applicant and, if the applicant is not in charge of the day to day operations of the applicant as a motor vehicle dealer, the individual who is so in charge.

2. If the applicant is a corporation and one of the directors or officers of the applicant is in charge of the day to day operations of the applicant as a motor vehicle dealer, that director or officer.

3. If the applicant is a corporation and none of the directors or officers of the applicant is in charge of the day to day operations of the applicant as a motor vehicle dealer, at least one of the directors or officers of the applicant and the individual who is so in charge.

4. If the applicant is a partnership and one of the partners of the applicant is in charge of the day to day operations of the applicant as a motor vehicle dealer, that partner.

5. If the applicant is a partnership and none of the partners of the applicant is in charge of the day to day operations of the applicant as a motor vehicle dealer, at least one of the partners of the applicant and the individual who is so in charge.

3. Section 13 of the Regulation is amended by adding the following subsection:

(1.1) The following is prescribed, for the purposes of subsections 5.1 (1) and 6 (1) of the Act, as a requirement for the renewal of registration as a salesperson:

1. The applicant must have successfully completed the educational requirements, if any, designated by the registrar for the renewal of registration as a salesperson.

4. Subsections 29 (7) to (9) of the Regulation are revoked.

5. (1) Subsection 36 (2) of the Regulation is amended by striking out “the business telephone number” and substituting “contact information”.

(2) Section 36 of the Regulation is amended by adding the following subsection:

(2.1) For the purposes of subsection (2), the contact information must be one of the ways of contacting the dealer made available to the public under paragraph 3 of subsection 27 (1).

6. (1) Paragraph 26 of subsection 39 (2) of the Regulation is amended by striking out “subsection (6) or (7), as the case may be” and substituting “subsection (6)”.

(2) Subsections 39 (6) and (7) of the Regulation are revoked and the following substituted:

(6) The statement mentioned in paragraph 26 of subsection (2) is as follows:

Canadian Motor Vehicle Arbitration Plan

The Canadian Motor Vehicle Arbitration Plan (CAMVAP) allows consumers to resolve disputes with participating manufacturers about possible defects in a vehicle’s assembly or materials, or how the manufacturer is applying or administering its new vehicle warranty. Please contact CAMVAP for more information about the program and to see if your vehicle qualifies.

7. (1) Paragraph 14 of subsection 41 (1) of the Regulation is amended by striking out “subsection (4) or (5), as the case may be” and substituting “subsection (4)”.

(2) Subsections 41 (4) and (5) of the Regulation are revoked and the following substituted:

(4) The statement mentioned in paragraph 14 of subsection (1) is as follows:

Canadian Motor Vehicle Arbitration Plan

The Canadian Motor Vehicle Arbitration Plan (CAMVAP) allows consumers to resolve disputes with participating manufacturers about possible defects in a vehicle’s assembly or materials, or how the manufacturer is applying or administering its new vehicle warranty. Please contact CAMVAP for more information about the program and to see if your vehicle qualifies.

8. Clause 47 (7) (c) of the Regulation is amended by striking out “seven” in the portion before subclause (i) and substituting “30”.

9. Subsection 60 (2) of the Regulation is revoked.

10. Section 62 of the Regulation is amended by adding the following subsection:

(4) If there is an administrative authority, a member of the board of the authority is ineligible to be appointed to the Board.

11. Section 88 of the Regulation is revoked.

Commencement

12. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Sections 1, 4, 5 and 8 to 11 come into force on the later of July 1, 2024 and the day this Regulation is filed.

(3) Sections 6 and 7 come into force on the later of January 1, 2025 and the day this Regulation is filed.

(4) Sections 2 and 3 come into force on the later of January 1, 2026 and the day this Regulation is filed.

 

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