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Section 6 of the
Motor Vehicle
Dealers Act (MVDA) requires
dealers and salespeople to
conduct business activity with
honesty, integrity, financial
responsibility and in accordance
with law.
The
Standards of Business
Practice apply to all motor
vehicle dealers in Ontario,
including all persons employed,
appointed or authorized by a
motor vehicle dealer to act on a
dealer's behalf in any
transaction arising from or
related to the purchase, sale or
lease of motor vehicles. Dealers
and salespeople who disregard the
Code of Ethics
are subject to having their
conduct reviewed and, after a
fair review of the situation,
may face disciplinary action by
the Discipline Committee.
Dealers and salespeople must at all times
observe and comply with OMVIC's
by-laws, as well as with the
Code of Ethics as illustrated by
the Standards. Conduct that does
not comply with the Code of
Ethics will be considered
grounds for discipline. All
dealers and salespeople are subject to the
Discipline Process and may be
subject to such consequences as
recommended by the Discipline Committee.
Discipline Committee
The Chair of the Discipline
Committee will appoint an
independent impartial panel to
consider the allegations
contained in the notice of
complaint. The committee's
composition will consist of
dealer and salespeople peer
representatives as well as at
least one arm's length member of
the public.
The committee will commence a
hearing to examine alleged
breaches of the Code of Ethics.
The registrant will be given the
opportunity to submit relevant
documentation and oral evidence
supporting their position with
respect to the alleged breach.
All parties may be represented
by a lawyer or agent. Hearings
before the Discipline Committee are
recorded. Following a hearing,
and after due consideration, the
Discipline Committee will issue a
formal written decision stating
the reasons that led the panel
to reach their conclusion.
The committee may impose
disciplinary measures including
requiring dealers and/or
salespeople to take educational
courses, requiring dealers to
fund educational courses for
their salespeople, imposing a
fine to a maximum of $25,000 and
imposing costs. Decisions of the
Discipline Committee will be
published as a matter of public
record, and may be appealed to
the Appeals Committee. Appeals
must be requested by submitting
the proper form within 30 days
of the Discipline Committee decision
and are limited to questions of
law or mixed fact and law, and
cannot be a re-hearing of the
matter.
Click here to read Discipline
and Appeals Committee decisions
MVDA 2002 Rules of Practice
Click here to
learn more about becoming a
member of the Discipline and
Appeals Committee
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