O. Reg. 221/09: GENERAL


Published: 2009-06-03

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ontario regulation 221/09

made under the

motor vehicle dealers act, 2002

Made: May 27, 2009
Filed: June 3, 2009
Published on e-Laws: June 5, 2009
Printed in The Ontario Gazette: June 20, 2009


Amending O. Reg. 333/08

(General)

1. The definitions of “extended warranty” and “service plan” in section 1 of Ontario Regulation 333/08 are revoked and the following substituted:

“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”)

“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”)

2. (1) Paragraph 14 of subsection 2 (1) of the Regulation is revoked and the following substituted:

14. A creditor, other than a registrant, who,

i. lawfully takes possession of a debtor’s motor vehicle or has a lawful lien against the vehicle, and

ii. sells the vehicle to or through a registered motor vehicle dealer or through a person who is exempt under paragraph 15.

(2) Paragraph 2 of subsection 2 (3) of the Regulation is revoked and the following substituted:

2. The person arranging for and conducting the auction does not allow a person to sell a motor vehicle at the auction unless the person selling the vehicle is a registered motor vehicle dealer, is exempt from registration or is the Crown.

3. Subsection 3 (3) of the Regulation is amended by adding “a further lease described in clause 24 (2) (b.1) or” after “involved in”.

4. Clauses 10 (3) (a) and (b) of the Regulation are revoked and the following substituted:

(a) the dealer has been refused registration or renewal of registration as a motor vehicle dealer or salesperson under the Motor Vehicle Dealers Act or has had such a registration suspended or revoked; or

(b) the dealer has been served with a notice of proposal under section 7 of the Motor Vehicle Dealers Act to suspend or revoke registration as a motor vehicle dealer or salesperson under that Act and the proposal has not been disposed of.

5. Paragraph 8 of subsection 11 (1) of the Regulation is amended by striking out “other than as a lease finance dealer or fleet lessor” and substituting “other than as an outside Ontario dealer, a lease finance dealer or a fleet lessor”.

6. Subparagraph 2 ii of subsection 13 (1) of the Regulation is amended by striking out “under that Act” and substituting “as a salesperson”.

7. Subsection 17 (4) of the Regulation is revoked and the following substituted:

(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).

8. Section 21 of the Regulation is amended by striking out “or” at the end of clause (a) and by adding the following clause:

(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

9. (1) Subsection 24 (2) of the Regulation is amended by adding the following clause:

(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;

(2) Subclause 24 (2) (c) (iii) of the Regulation is revoked and the following substituted:

(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

10. Subclause 25 (c) (v) of the Regulation is revoked and the following substituted:

(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

11. Subclause 26 (d) (i) of the Regulation is revoked and the following substituted:

(i) 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

12. The following provisions of the English version of Regulation are amended by striking out “the registration” wherever that expression appears and substituting in each case “the certificate of registration”:

1. Subsection 28 (1).

2. Subsection 28 (2).

13. The English version of paragraph 24 of subsection 39 (2) of the Regulation is amended by striking out “adjacent” and substituting “next”.

14. Paragraph 4 of subsection 40 (2) of the Regulation is revoked and the following substituted:

4. If a current safety standards certificate under the Highway Traffic Act has been issued for the vehicle, that certificate and a statement in accordance with subsection (5) in 12 point bold font, except for the heading which shall be in 14 point bold font.

15. Paragraphs 16 and 17 of section 42 of the Regulation are revoked and the following substituted:

16. The trim level of the motor vehicle.

17. The make, model and model year of the motor vehicle.

16. Paragraph 12 of subsection 43 (4) of the Regulation is revoked.

17. Section 46 of the Regulation is revoked and the following substituted:

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.

18. Subsection 72 (3) of the Regulation is amended by striking out “a corporation” and substituting “a trust corporation”.

19. (1) Subparagraph 7 ii of subsection 79 (3) of the Regulation is amended by adding “subject to subsection (5)” at the beginning.

(2) Section 79 of the Regulation is amended by adding the following subsections:

(5) If the Board determines that a customer of a registered motor vehicle dealer is entitled to compensation from the Fund in respect of a claim described in subparagraph 7 ii of subsection (3), the Board may direct the Trustee, in addition to paying the compensation, to pay the customer the amount of the premiums that the customer is required to make under the extended warranty that is unearned at the time that the customer makes the claim.

(6) If the Board directs the Trustee to pay the additional payment described in subsection (5) from the Fund, the customer is not entitled to compensation from the Fund for any further claims described in subparagraph 7 ii of subsection (3).

20. This Regulation comes into force on the later of the day section 44 of the Act comes into force and the day this Regulation is filed.

 

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