Motor Vehicle Dealers Act, 2002

Part I interpretation

1 (1) In this Act, “administrative authority” means the administrative authority as designated under section 3 of the Safety and Consumer Statutes Administration Act, 1996 for the purpose of administering this Act; (“organisme d’application”) “employ” means to employ, appoint, authorize or otherwise arrange to have another person act on one’s behalf, including as an independent contractor; (“employer”) “equity share” means, in respect of a corporation, a share of a class or series of shares of a corporation that carries a voting right either under all circumstances or under circumstances that have occurred and are continuing; (“action participante”) “Fund” means the Motor Vehicle Dealers Compensation Fund continued under section 42; (“Fonds”) “investigator” means an investigator appointed under subsection 18 (1); (“enquêteur”) “Minister” means the Minister of Consumer and Business Servic…

Part II Officers

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.…

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 …

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 …

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

6 (1) An applicant that meets the prescribed requirements is entitled to registration or renewal of registration by the registrar unless, (a) the applicant is not a corporation and, (i) having regard to the applicant’s financial position or the financial position of an interested person in respect of the applicant, the applicant cannot reasonably be expected to be financially responsible in the conduct of business, (ii) the past conduct of the applicant or of an interested person in respect 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 (iii) the applicant or an employee or agent of the applicant makes a false statement or provides a false statement in an application for registration or for renewal of registration; (b), (c) Repealed: 2004, c. 19, s. 16 (5). (d) the applicant is…

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,…

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). Wh…

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 expira…

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 iss…

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 educ…

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 …

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).

17 (1) The board of the administrative authority or, if there is no designated administrative authority, the Minister may establish a discipline committee to hear and determine, in accordance with the prescribed procedures, issues concerning whether registrants have failed to comply with the code of ethics established by the Minister. 2002, c. 30, Sched. B, s. 17 (1). Appeals committee (2) If a discipline committee is established, an appeals committee shall be established to consider, in accordance with the prescribed procedures, appeals from the discipline committee. 2002, c. 30, Sched. B, s. 17 (2). Appointment of members (3) If a discipline committee is established, the board of the administrative authority or, if there is no designated administrative authority, the Minister shall appoint the members of the discipline committee and the members of the appeals committee and, in making t…

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) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there is reasonable ground for believing that, (a) a person has contravened or is contravening this Act or the regulations or has committed an offence under the law of any jurisdiction that is relevant to the person’s fitness for registration under this Act; and (b) there is, (i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations or to the person’s fitness for registration, or (ii) information or evidence relating to the contravention of this Act or the regulations or the person’s fitness for registration that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant. 2004, c. 19, s. 16 (15); 20…

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 appoi…

22 (1) If the conditions in subsection (2) are met, the director may in writing, (a) order any person having on deposit or controlling any assets or trust funds of a registrant or former registrant to hold those funds or assets; (b) order a registrant or former registrant to refrain from withdrawing any asset or trust fund from a person having it on deposit or controlling it; or (c) order a registrant or former registrant to hold any asset or trust fund of a customer or other person in trust for the person entitled to it. 2002, c. 30, Sched. B, s. 22 (1). Conditions (2) The director may make an order under subsection (1) if he or she believes that it is advisable for the protection of the customers of a registrant or former registrant and, (a) a search warrant has been issued under this Act; or (b) criminal proceedings or proceedings in relation to a contravention under this Act or under…

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 r…

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…

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, …

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 mor…

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…

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)…

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…

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 ma…

part ix regulations

43 (1) The Minister may make regulations, (a) establishing a code of ethics for the purposes of subsection 17 (1); (b) governing the jurisdiction and procedures of any committee established under this Act; (c) respecting any matter that is delegated by the Lieutenant Governor in Council to the Minister under paragraph 40 of subsection 44 (1). 2002, c. 30, Sched. B, s. 43 (1); 2004, c. 19, s. 16 (24). Code of ethics (1.1) A regulation under clause (1) (c) may be made as part of the code of ethics established under clause (1) (a). 2004, c. 19, s. 16 (25). Delegation (2) Despite subsection 3 (4) of the Safety and Consumer Statutes Administration Act, 1996, the Minister may, by regulation, delegate to the board of the administrative authority the power to make some or all of the regulations under subsection (1), subject to the approval of the Minister. 2004, c. 19, s. 16 (26). Approval (3) T…

44 (1) The Lieutenant Governor in Council may make regulations, 1. exempting any person or class of persons or class of trades from any provision of this Act or the regulations and attaching conditions to an exemption; 2. respecting applications for registration or renewal of registration and prescribing conditions of registration; 2.1 prescribing requirements for the purposes of subsections 5.1 (1) and 6 (1); 3. governing the composition of the discipline committee and the appeals committee and, subject to subsection 17 (3), governing matters relating to the appointment of the members of those committees; 4. prescribing a maximum fine to be imposed for contravention of the code of ethics; 5. prescribing classes and subclasses of registrant and respecting conditions that are applicable to the classes and subclasses; 6. requiring registrants to provide proof of registration and prescribin…

45 Omitted (provides for coming into force of provisions of this Act). 2002, c. 30, Sched. B, s. 45.

46 Omitted (enacts short title of this Act). 2002, c. 30, Sched. B, s. 46. ______________