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Questions and Answers
What is required for a dealer's office space?
What is required for a dealer's office space?
Which of the following is NOT an essential feature of a dealer's premises?
Which of the following is NOT an essential feature of a dealer's premises?
How must the area for displaying vehicles be marked?
How must the area for displaying vehicles be marked?
Where can a dealer operate their business?
Where can a dealer operate their business?
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Which requirement is essential for dealers selling vehicles?
Which requirement is essential for dealers selling vehicles?
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What distinguishes a dealer's premises from those of other businesses?
What distinguishes a dealer's premises from those of other businesses?
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In what way can dealers share office space?
In what way can dealers share office space?
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What is NOT a requirement when selecting a premises location?
What is NOT a requirement when selecting a premises location?
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What must dealers keep in their records regarding certificates?
What must dealers keep in their records regarding certificates?
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Under what condition can OMVIC refuse a corporation's registration?
Under what condition can OMVIC refuse a corporation's registration?
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What action can lead to the refusal of a corporation's registration?
What action can lead to the refusal of a corporation's registration?
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What responsibility do dealers have regarding their salespeople?
What responsibility do dealers have regarding their salespeople?
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What might indicate that a corporation is unlikely to conduct business with integrity?
What might indicate that a corporation is unlikely to conduct business with integrity?
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Who can manage the online account for a dealership?
Who can manage the online account for a dealership?
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Which of the following roles can appoint a dealer administrator?
Which of the following roles can appoint a dealer administrator?
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What may the LAT impose on a salesperson’s registration?
What may the LAT impose on a salesperson’s registration?
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Which type of person does not need to be registered with OMVIC to be a dealer administrator?
Which type of person does not need to be registered with OMVIC to be a dealer administrator?
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What is one possible condition the LAT may require of a dealer?
What is one possible condition the LAT may require of a dealer?
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What role at a dealership can be a dealer administrator?
What role at a dealership can be a dealer administrator?
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Which of the following statements about OMVIC registration is true?
Which of the following statements about OMVIC registration is true?
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What is the role of a dealer administrator in the context of OMVIC?
What is the role of a dealer administrator in the context of OMVIC?
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What must salespeople do if there is a change in their registration information?
What must salespeople do if there is a change in their registration information?
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How long must a dealer wait to reapply if their registration was refused or revoked?
How long must a dealer wait to reapply if their registration was refused or revoked?
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Which of the following is NOT defined as a consumer?
Which of the following is NOT defined as a consumer?
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What is the minimum fine for an unregistered dealer, also known as a curbsider?
What is the minimum fine for an unregistered dealer, also known as a curbsider?
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What is a curbsider, as defined in the content?
What is a curbsider, as defined in the content?
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What are the possible reasons OMVIC can refuse or revoke registration?
What are the possible reasons OMVIC can refuse or revoke registration?
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Which role is NOT classified as an officer under the MVDA?
Which role is NOT classified as an officer under the MVDA?
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Which of the following is a requirement for a dealer's place of business as per the MVDA?
Which of the following is a requirement for a dealer's place of business as per the MVDA?
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What distinguishes a sole proprietorship from other business structures?
What distinguishes a sole proprietorship from other business structures?
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Which statement about leasing is accurate?
Which statement about leasing is accurate?
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In what circumstance can dealers operate from locations not listed on their registration?
In what circumstance can dealers operate from locations not listed on their registration?
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To whom must a salesperson show their registration certificate upon request?
To whom must a salesperson show their registration certificate upon request?
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Which statement is true regarding a dealer’s premises and records?
Which statement is true regarding a dealer’s premises and records?
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What type of lease must a dealer have for their premises?
What type of lease must a dealer have for their premises?
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What can OMVIC issue against a dealer for violations?
What can OMVIC issue against a dealer for violations?
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Which of the following is NOT a requirement of a dealer's records?
Which of the following is NOT a requirement of a dealer's records?
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What information must be included in the garage register maintained by a dealer?
What information must be included in the garage register maintained by a dealer?
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Which document is NOT required for Outside Ontario Dealers to keep records of?
Which document is NOT required for Outside Ontario Dealers to keep records of?
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How long must dealers store required records?
How long must dealers store required records?
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Which of the following is a requirement for dealers regarding their premises?
Which of the following is a requirement for dealers regarding their premises?
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What is required to be recorded for each sale, lease, or trade by a dealer?
What is required to be recorded for each sale, lease, or trade by a dealer?
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What is the minimum requirement for the format of a garage register?
What is the minimum requirement for the format of a garage register?
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Which item must dealers keep a list of, related to their business?
Which item must dealers keep a list of, related to their business?
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What is essential for a dealer's records when using digital formats?
What is essential for a dealer's records when using digital formats?
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Which document must be provided to OMVIC regarding dealer premises?
Which document must be provided to OMVIC regarding dealer premises?
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What type of records must dealers maintain related to banking?
What type of records must dealers maintain related to banking?
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Study Notes
OMVIC Automotive Certification Course
- The course is offered by the Automotive Business School of Canada at Georgian College, in collaboration with OMVIC
- The 2024 edition of the student manual covers laws, regulations, and practices
- The manual is intended to be a resource, and students shouldn't rely solely on this material for legal advice
- Consult legal counsel for questions about the Motor Vehicle Dealers Act, 2002, the Consumer Protection Act, 2002, and other relevant laws
- All new Ontario automotive dealers and salespeople are required to take the course
Fast Facts
- All new Ontario automotive dealers and salespeople must complete the course
- Students have 12 weeks to complete the course and pass the Automotive Certification Test
- To pass, a minimum grade of 75% is required
- Students must register with OMVIC to become a registered dealer or salesperson after passing the exam
- The designation "C.A.L.E. – Certified in Automotive Law and Ethics" is available once a student has obtained the required registration
- Using the C.A.L.E designation enhances dealer/salesperson credibility and builds customer trust
Table of Contents
- The manual is divided into 18 chapters covering various aspects of Ontario automotive law and regulations.
- Each chapter includes learning objectives, definitions, summaries, and test yourself sections at the end
- The appendices provide answers to the review questions for each chapter
Chapter 1: Introduction to the Course
- Learning objectives: Overview of Ontario automotive regulations, roles of OMVIC, transaction fee program, dealer responsibilities, important information for public
- OMVIC's Role: Registering dealers and salespeople; regularly inspecting dealers; receiving and investigating consumer complaints; disciplining and prosecuting dealers and salespeople who violate the law; administering the Motor Vehicle Dealer Compensation Fund
- Motor Vehicle Dealers Compensation Fund: A fund to compensate consumers who have suffered loses due to illegal or unethical dealer practices
- Transaction Fee Program: A fee that dealers pay to cover the costs of OMVIC's responsibilities; charged per vehicle
- Overseeing dealer advertising: Dealers are responsible to ensure accuracy and fairness of their advertising statements
- Appointing a receiver and manager: OMVIC may appoint a receiver and manager for dealerships that are in severe financial trouble, or risk being revoked.
- Protecting confidentiality: Information obtained by OMVIC regarding dealerships and employees is confidential, except when required by law
- Making information public: Specific information such as, business name, address, phone number, and names of salespeople, are put on the public website
- Definitions: Important terms explained like "appeal," "condition of OMVIC registration," "false or misleading advertising," and "registration."
Chapter 2: Registration of Dealers and Salespeople
- Learning objectives: Dealer registration process, salesperson registration requirements; why registration may be refused
- Dealer registration process: Requirements for registration, fees, background checks, and required disclosures
- Salesperson registration: Requirements for registration, renewal process if registration is expired, and how the fees work.
- Unregistered salespeople: Consequences for dealers employing unregistered salespeople, responsibility of dealer to register their employees
Chapter 3: Dealer Premises and Records
- Learning objectives: Registration requirements for a dealer's place of business, specific records dealers must keep, trust requirements, why OMVIC can issue a freeze order
- Dealer Premises: Specific legal requirements for a dealer's location and permit requirements
- Dealer Records: Detailed list of different kinds of records dealers must keep, such as vehicle records, transaction records, and business records
- Trust Account Requirements: Specific accounts dealers need to hold money in, to cover deposits and consignment sales, to ensure customer protections
- Freeze Order: Actions OMVIC can take to protect consumers if a dealer is not following rules and regulations
Chapter 4: Contract Requirements
- Learning objectives: Information that must be included in retail contracts for the sale of a new or used vehicle
- Requirements for trade-ins
- Requirements for consignment sales
- Contracts with a broker
- Information on showing negative equity
Chapter 5: Retail Disclosure Requirements (with customers)
- Learning Objectives: What vehicle information a dealer must disclose to a customer; previous use, history, condition
- Required Disclosures: Specific information regarding vehicle history/condition must be disclosed in every contract, examples include, previous use and history of vehicle
- Damage discussion: Dealer disclosure requirements when dealing with any damage over $3,000
Chapter 6: Rescission (cancelling a contract)
- Learning objectives: When a customer can cancel a contract; important details of cancelling contracts
- Cancelling a contract: Rules for cancelling a contract in case of dealer error; what a customer must disclose, conditions for cancelling or reclaiming deposit
Chapter 7: Wholesale Disclosure in Contracts
- Learning objectives: Information required from registered dealer to another registered dealer in contract
- Required Disclosures in contract: Information including vehicle use and history must be disclosed in contract when transferring vehicles between one dealer to another
Chapter 8: Disclosure in Advertising
- Learning objectives: The information and disclosures required in dealer advertising; penalties for dealers who don't follow these advertising requirements
- Advertising Disclosures; Requirements for ads placed by multiple dealers, and ad requirements for "as-is" and "unfit" cars
- Advertising fees; Ad requirements if advertising a loan; requirements for lease advertising
Chapter 9: Extended Warranties and Service Plans
- Learning objectives: How extended warranties must be protected or insured; Contract requirements for the sale of an extended warranty; Contract requirements for the sale of a service plan
- Dealers responsibilities; What constitutes a warranty and service plan; and the procedures when selling a warranty/service plan
Chapter 10: Enforcing the MVDA
- Learning objectives: The role and authority of the OMVIC inspector; Why it's important for dealers and salespeople to cooperate with the inspector; The penalties for obstructing an inspector; The powers of an OMVIC investigator
- Introduction to MVDA enforcement; Information about inspections, including requirements, and investigative procedures; and specific penalties for not complying with MVDA requirements
Chapter 11: Avoiding Curbsiders
- Learning objectives: What a curbsider is; how dealers can be sure not to sell to them
- Introduction; Ways to avoid selling to an unregistered dealer (curbsider); and how to identify such transactions
Chapter 12: Motor Vehicle Dealers Compensation Fund
- Learning objectives: The purpose of the Motor Vehicle Dealers Compensation Fund; Who does and does not pay into the Fund; When a consumer can make a claim against the Fund; Two ways to promote the Fund; Why dealers must reimburse the Fund, and the penalties if they don't
- Introduction to the compensation fund; details of who is liable and who pays for the fund; information about legitimate claims; and procedures for claims
Chapter 13: Consumer Protection Act (CPA)
- Learning objectives: The difference between a customer and a consumer; Two types of unfair business practices prohibited by the CPA; What material fact means; Penalties for retailers who break the CPA; Consumer's right to cancel a contract or get a credit card refund; How the two-thirds exception on repossession works; Dealer's obligations in financing and leasing agreements under the CPA; Maximum liability under a residual obligation lease
- Introduction to the CPA; Types of unfair business practices, including "false, misleading or deceptive representation" and "unconscionable representation"; Consequences of breaking the CPA; Requirements when dealers provide financing, leasing agreements; and definitions
Chapter 14: Repairs
- Learning objectives: The act that regulates vehicle repairs; Requirements for a repair estimate; Requirements for replacing parts; Legally required warranty on repairs; Authorizing repairs over the phone; Statement that must be on every repair invoice; Importance of a detailed repair invoice
- Introduction to rules of repair work; Estimate details; how labour costs are calculated/determined; warranty information; and requirements for repair invoices, and their contents
Chapter 15: Researching a Vehicle
- Learning objectives; How a dealer or salesperson must disclose that they think the vehicle has been driven further than the odometer reading shows; What to do when an odometer has been replaced; How to research and find out the true distance a vehicle has been driven; Why it's important to check for liens on vehicles and give clear title to customers
- Importance of proper research for accurate disclosures; how to deal with broken or rolled-backed odometers; issues with vehicle liens; and how to research vehicle history
Chapter 16: Sale of Goods Act
- Learning objectives: What the Sale of Goods Act means by merchantable quality, fit for purpose, quiet possession; Dealer's obligation for conditions of sale; What happens to a deposit if no contract is made; What happens if the customer refuses to complete the sale; Damages a dealer can take out of a deposit
- Introduction to Sale of Goods Act; Details of merchantable quality, fit for purpose, and quiet possession
- Customer's rights if a dealer fails to follow this Act's requirements, such as a deposit or trade
Chapter 17: Code of Ethics Regulations
- Learning objectives: Dealers' and salespeople's responsibilities under the Code of Ethics Regulations; What "clear and truthful" means; What "legal, decent, ethical and truthful” means; Seven requirements of the Code of Ethics; Disciplinary process for dealers or salespeople who don't follow the Code of Ethics; Role of the Discipline Panel and Appeals Panel
- Specific responsibilities under the code of ethics
Chapter 18: A Variety of Topics
- Dealers' and Salespeople's Responsibilities Under the Code of Conduct; the role of the Arbitration Process, Dealer Plates, Service Plates and information about Branding Vehicles
- Introduction to a variety of topics, discussion about CAMVAP, consignment sale, dealer plates, service plates, and wholesale auctions, vehicle branding information, and UVIPs
Appendix 1: Test Yourself Answers
- Answers for all chapters' test yourself sections
Appendix 2: Resource List
- Contact information for organizations relevant to the course
Appendix 3: Summary of Acts
- Summaries of the Acts relating to the automotive industry in Ontario
Appendix 4: Glossary
- Definitions of terms that are important to the course
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Description
Test your knowledge on the essential features needed for a dealer's office space. This quiz covers various regulations and requirements important for operating a dealer's premises. Challenges include identifying features, record-keeping, and conditions regarding corporate registration.