- Who needs to be registered as a salesperson?
- Who is responsible for ensuring salesperson are properly registered?
- How do I get registered as a motor vehicle salesperson?
- Can a salesperson work for more than one dealer at the same time?
- Getting and Maintaining Registration
- Preconditions to
Salesperson Registration
- Preconditions to
Dealer Registration as a Dealer
- Preconditions to Registration as a Salesperson
- Fees
- Eligibility for Registration
- Information for Dealers
Who needs to be
registered as a salesperson?
Anyone who is employed by a
motor vehicle dealer to trade in
motor vehicles on the dealer's
behalf. "Employ" means to
appoint, authorize or otherwise
arrange to have another person
act on your behalf. "Trade"
includes buying, selling,
leasing, advertising or
exchanging an interest in a motor
vehicle or negotiating or
inducing or attempting to induce
the buying, selling or leasing or
echanging of an interest in a
motor vehicle.
Without limiting the foregoing,
this includes conducting
wholesale transactions (i.e.
at wholesale auctions or
otherwise), anyone who has
supervisory authority over
salespersons, anyone who engages
in negotiations or
representations regarding a trade
in a motor vehicle or anyone who
signs agreements relating to a
trade in a motor vehicle.
Who is responsible for
ensuring salespersons are
properly registered?
The Motor Vehicle Dealers Act,
2002 ("the Act") places the onus
on both the salesperson and their
sponsoring dealer to ensure they
are properly registered with
OMVIC as a salesperson to that
dealer before carrying out duties
which require registration.
How do I get
registered as a motor vehicle
salesperson?
You need to submit an
application to OMVIC and have it
approved. Once registered, you
will receive a certificate of
registration from OMVIC. Please
see "Getting and Maintaining
Registration" (below) for further
information about your
registration as a motor vehicle
salesperson.
Can a salesperson work
for more than one dealer at the
same time?
Yes. Starting January 1, 2010
a salesperson can work for
multiple dealers that are not
commonly owned provided they have
the written consent of all
dealers involved. Detailed
information about this process is
contained in the Salesperson
Change Notice. There is a $75 fee
for a salesperson to add a new
sponsoring dealership that is not
commonly owned. As always, any
salesperson can work for multiple
dealerships if they are commonly
owned provided OMVIC receives
written confirmation of common
ownership between the
dealerships. There is no fee for
salespersons who are working for
multiple dealerships that are
commonly owned.
Getting and
Maintaining Registration
Certification/Education
Requirements
Salespersons may be required
to complete the OMVIC
Certification Course as a
precondition to their
registration being granted or,
depending on their position in
the dealership, as a precondition
to the dealership's registration
being granted or renewed as
follows.
Preconditions to Salesperson
Registration
A salesperson
who was first registered as a
salesperson on or before December
31, 2009, is not required to
complete the Certification Course
unless their registration has
been terminated for any reason (i.e.
by expiry or cancellation of
employment, whichever
comes first) for a
period of more than two years.
A salesperson
who was first registered on or
after January 1, 2010, is
required to complete the
Certification Course before their
first registration. If a
salesperson's registration
expires, for any period of time,
they are required to have
completed a current version of
the course within the previous
two years as a precondition to
having their registration
reinstated.
Preconditions to Dealer
Registration as a Dealer
A salesperson
who occupies a specified role in
the dealership may be required to
complete the Certification Course
as a precondition to having their
dealer's registration granted or
renewed as follows.
The person in charge (i.e. the person who has been assigned primary responsibility for and has agreed to be accountable for compliance with the Act and its Regulations) will need to:
-
Have been the person in charge of any dealership since January 1,
2007 OR
-
Have completed the OMVIC Certification Course since January 1,
2009
If the person in charge is not an officer, director, partner or the sole proprietor, then at least one of these individuals (i.e. not all of them) will need to:
-
Have been the person in charge of any dealership since January 1,
2007 OR
-
Have completed the OMVIC Certification Course since January 1,
2009
Click here for more information about the Automotive Certification Course
Preconditions to
Registration as a Salesperson
OMVIC will not grant or renew
registration to a salesperson
unless the following
preconditions are met:
- the required fee is paid
(see "Fees" section)
- the applicant has not be
refused or revoked by OMVIC
within the last two years
- the applicant has
completed the OMVIC
Certification Course, where
required (see
"Certification/Education
Requirements" for details)
Fees
For a new or reinstatement
application as a salesperson, the
application fee is $250.
There is a renewal fee every two
years of $175.
To transfer or add a new
sponsoring dealer to a current
salesperson registration there is
a $75 fee.
Eligibility for
Registration
Once you satisfy the
preconditions to registration,
you are entitled to be registered
as a motor vehicle salesperson
unless the Registrar has
reasonable grounds, based on your
past conduct, to believe that you
will not conduct business with
honesty, integrity, financial
responsibility and in compliance
with the law. OMVIC will conduct
a number of background checks in
connection with your application
to determine whether you meet the
eligibility test.
Getting
registered as a motor vehicle
salesperson for the first time
You will be
required to complete and return
to OMVIC an Individual
Application. Please review this
form and the information on the
reverse for detailed information
about getting registered as a
salesperson.
Note: These
applications must be
submitted in person or by mail
Salesperson
applications may be processed on
an expedited basis pending
verification of the information
provided on the application form
if both the salesperson and the
sponsoring dealer acknowledge the
conditions of employment. If
either the salesperson, or the
sponsoring dealer, does not
acknowledge the terms and
conditions of employment, OMVIC
will verify the information
provided on the application form
before granting registration. In
this case, it may take 30 days,
or more, before you receive a
decision about the application.
OMVIC reserves the right to
verify the information provided
on the application for before
granting registration.
Click here to download the Individual Application form
Reinstating
a previous registration as a
motor vehicle salesperson
If you have
left a previous employer but the
expiry date on your registration
certificate is in the future, you
can apply to have your
registration reinstated with a
new employer by submitting the
Salesperson Change Notice. There
is a fee of $75 to submit this
application. If your application
is approved, you will be
reinstated with the same expiry
date. Detailed information about
transferring your salesperson
registration to your new employer
is on this form.
Click here to download the
Salesperson Change Notice form
If the expiry
date on your registration
certificate is within the last
six months, you may be eligible
to submit a short form
application to have your
registration reinstated.
Please contact
OMVIC for further information. If
you have been inactive for over
six months, you will be required
to submit the same application as
a first-time registrant (see
"Getting Registered" (above) for
details).
Renewing a
current registration as a motor
vehicle salesperson
As a courtesy,
OMVIC will send a salesperson
renewal application to the
business or mailing address
(where applicable) of your
primary sponsoring employer
approximately 60 to 90 days
before your registration is due
to expire. This is a
courtesy only. As a
salesperson, you are responsible
for ensuring your registration is
current, regardless of whether or
not you receive the salesperson
renewal application from
OMVIC. If you have not received
your renewal application
within 30 days of your expiry,
please contact OMVIC to have
another form sent to you.
Making
changes to a current registration
as a motor vehicle salesperson
The Act
requires every registrant to
notify OMVIC, in
writing within five days,
of any changes to the information
you provide for the purpose of
obtaining registration. This
includes all of your general and
contact information, your
sponsoring dealer, answers to the
eligibility questions (i.e.
convictions, charges,
bankruptcies, judgements,
collection accounts etc.).
Note: Please retain a copy of every
application or document you send
to OMVIC regarding your
registration so that you can
advise OMVIC of any changes.
OMVIC has special forms for some
of the most common changes as
follows.
Adding or
transferring to a new dealership
If you are a
currently registered salesperson
who wants to transfer their
registration to another
dealership, you will need to
submit a Salesperson Change
Notice to OMVIC. There is a $75
fee to transfer your
registration. Please review this
form and the information on the
reverse for further details about
how to transfer your salesperson
registration.
Click here to download the
Salesperson Change Notice form
If you are a
currently registered salesperson
who wants to add a new sponsoring
dealership that is not commonly
owned, you will need to submit a
Salesperson Change Notice form to
OMVIC. There is a $75 fee to add
a new sponsoring dealer. Please
review this form and the
information on the reverse for
further details about how to add
a new sponsoring employer. If you
want to work for another
dealership that is commonly owned
with the dealership with whom you
are currently registered, your
employer will need to provide
OMVIC with written confirmation
of common ownership. There is no
fee to work for multiple
dealerships that are commonly
owned and you do not need to
submit a Salesperson Change
Notice.
Click here to download the
Salesperson Change Notice form
Leaving a
dealership
If a
salesperson leaves a dealership
for any reason, the sponsoring
dealer must complete and submit
the Salesperson Cancellation
Notice form to OMVIC. There is no
fee to cancel a salesperson.
Note:
Dealers should note that
effective January 1, 2010, there
is a legal obligation under
Section 23 and 24 of the Act
for them to advise OMVIC if there
was any conduct reflecting a lack
of honesty, integrity, compliance
with law or financial
responsibility which led to the
salesperson's cancellation.
Click here to download the
Salesperson Cancellation Notice
form
Information for Dealers
The Act places
the onus on both the dealership
and the salesperson to ensure
they are properly registered as a
salesperson to the dealership
before engaging in trades on
behalf of that dealership. In
order to ensure you are not
employing unregistered
salespersons, OMVIC recommends
dealers take the following steps.
Overall
responsibility for ensuring
salesperson are properly
registered should be delegated to
an individual(s) with supervisory
authority over salespeople (i.e.
do not delegate overall
responsibility to administrative
or accounting staff at the
dealership). This individual
should be responsible for
ensuring that:
- The currency of the OMVIC
registration certificate of any
newly hired salespersons (where
applicable) is checked.
- An Individual Application
is completed and submitted to
OMVIC for new salespeople or
for those who have let their
registration lapse.
- A Salesperson Change
Notice is submitted for new
salespersons who have a
current registration
certificate with OMVIC.
- A Salesperson
Cancellation Notice is
submitted for any
salespersons who have left
the dealership including any
information about illegal,
dishonest, unlawful or
financially irresponsible
conduct which led to their
departure.
- They sign all Individual
Applications, Salesperson
Change Notice and Salesperson
Cancellation Notices
pertaining to salespeople.
OMVIC will send
correspondence pertaining to
pending applications to the
attention of the individual
who has signed on behalf of
the dealership.
- Individual salespeople
are not responsible for
mailing in their own
applications. This can cause
unnecessary delays and can
result in
information/attachments being
enclosed that the dealership
is not aware of.
- All registration
certificates are received and
a copy is kept for the
dealer's records.
- The dealership follow up
with OMVIC if a registration
certificate is not received
within a reasonable period of
time after an application is
submitted.
- A record is made of the
expiry dates of all
salespeople to ensure renewal
applications are received and
submitted on time.
- No staff member is acting
in the capacity of a
salesperson until
confirmation of registration
is received from OMVIC.
- OMVIC's website is
checked periodically to
confirm all salespeople for
the dealership are properly
registered.
Click here to search for
registered salespeople.
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