The Code of Ethics touches upon the following standards of business practice:
The Code of Ethics is now enshrined in the Motor Vehicle Dealers Act, 2002 (MVDA). Each OMVIC member embraces the demanding standards detailed in this Code and agrees to adhere to its language and intent.
- A registrant shall be financially responsible in carrying on business.
- A registrant shall not indicate to any person, directly or indirectly, that any payment, commission or other remuneration in connection with a trade in a motor vehicle is fixed or approved by the administrative authority, if any, a government authority or any motor vehicle board or association.
Back to Top
- A registrant shall be clear and truthful in describing the features, benefits and prices connected with the motor vehicles in which the registrant trades and in explaining the products, services, programs and prices connected with those vehicles.
- A registrant shall ensure that all representations, including advertising, made by or on behalf of the registrant in connection with the trading in motor vehicles, are legal, decent, ethical and truthful.
- Before entering into a contract with a consumer who is not a registered motor vehicle dealer in respect of a trade in a motor vehicle, a registered motor vehicle dealer shall explain to the consumer the terms of the contract between the consumer and the dealer, including the financial and other obligations, if any, of the customer under the contract.
Back to Top
A registered motor vehicle dealer who enters into a contract to sell or lease a motor vehicle to a person who is also a registered motor vehicle dealer shall ensure that the following information is disclosed in the contract:
- If the vehicle is a used motor vehicle, the total distance that it has been driven if the dealer can determine the distance.
- If the vehicle is a used motor vehicle and the dealer cannot determine the total distance that the vehicle has been driven but can determine the distance that the vehicle has been driven as of some past date, a statement of that distance and date, together with a statement that the total distance that the vehicle has been driven is believed to be higher than that distance.
- If the vehicle is a used motor vehicle and the dealer can determine neither the total distance that the vehicle has been driven, nor the distance that the vehicle has been driven as of some past date, a statement that the total distance that the vehicle has been driven is unknown and may be substantially higher than the reading shown on the odometer.
- If the vehicle's odometer is broken or faulty, has been replaced, has been rolled back or is in miles, a statement to that effect.
- If any of the following is true of the vehicle, a statement to the effect that the vehicle was previously,
- leased on a daily basis, unless the vehicle was subsequently owned by a person who was not registered as a motor vehicle dealer under the Motor Vehicle Dealers Act or the Motor Vehicle Dealers Act, 2002,
- used as a police cruiser or used to provide emergency services, or
- used as a taxi or limousine.
- If the vehicle has sustained any damage caused by fire, a statement to that effect.
- If the vehicle has sustained any damage caused by immersion in liquid that has penetrated to the level of at least the interior floorboards, a statement to that effect.
- If there has been structural damage to the vehicle or any repairs, replacements or alterations to the structure of the vehicle, a statement to that effect.
- If the vehicle is equipped with an anti-lock braking system that is not operational, a statement to that effect.
- If any of the vehicles airbags are missing or are not operational, a statement to that effect.
- If the vehicle is materially different from the original or advertised production specifications, a statement to that effect.
- If the vehicle has two or more adjacent panels that are not bumper panels and that have been replaced, a statement to that effect.
- If the model year of the vehicle is the current model year or the immediately preceeding model year and any panels have been repainted, a statement to that effect.
- The make, model, trim level and model year of the vehicle.
- If any badge or other indication on the vehicle relates to a different model than the model of the vehicle, a statement to that effect.
- If the total costs of repairs to fix the damage caused to the vehicle by an incident exceed $3,000, a statement to that effect and if the dealer knew the total costs, a statement of the total costs.
- If the manufacturer's warranty on the vehicle was cancelled, a statement to that effect.
- If the vehicle was declared by an insurer to be a total loss, regardless of whether the vehicle was classified as irreparable or as salvage under section 199.1 of the Highway Traffic Act, a statement to that effect.
- If the vehicle previously received treatment in a jurisdiction other than Ontario that was equivalent to having had a permit issued under section 7 of the Highway Traffic Act or having been traded in Ontario, a statement to that effect and a statement of which jurisdictions, except if one or more permits have been issued for the vehicle under section 7 of that Act to cover at least the seven previous consecutive years.
- If the vehicle has been classified, under section 199.1 of the Highway Traffic Act, as irreparable, salvage or rebuilt, a statement as to how it was last classified.
- If the vehicle had been recovered after being reported stolen, a statement to that effect.
- Any other fact about the vehicle that affects the structural or mechanical quality or performance of the vehicle and that, if disclosed, could reasonably be expected to influence the decision of a reasonable purchaser or lessee to buy or lease the vehicle.
Back to Top
- A registered motor vehicle dealer shall ensure that every registered salesperson that the dealer employs or retains to act as a salesperson carries out his or her duties in compliance with this Regulation.
- A registered salesperson shall not do or omit to do anything that causes the registered motor vehicle dealer who employs or retains the salesperson to contravene this Regulation or any applicable law with respect to trading in motor vehicles.
Back to Top
- A registrant shall ensure that all documents used by the registrant in the course of a trade in a motor vehicle are current and comply with the law.
- A registered motor vehicle dealer who enters into a contract with a person for the sale of a motor vehicle shall facilitate compliance by the person with the person's obligations under subsection 11(2) of the Highway Traffic Act unless the person instructs the dealer not to do so.
Back to Top
- In carrying on business, registrants shall not engage in any act or omission that, having regard to all of the circumstances, would reasonably be regarded as insulting to human dignity or integrity and shall not use symbols that, having regard to all of the circumstances, would reasonably be regarded as offensive.
- Registrants shall carry on business ethically and with respect for the rights and interests of the persons with whom they do business.
Back to Top
- In carrying on business, a registrant shall not engage in any act or omission that, having regard to all of the circumstances, would reasonably be regarded as disgraceful, dishonourable, unprofessional or unbecoming of a registrant.
- In carrying on a business, a registrant shall act with honesty, integrity and fairness.
- A registrant shall use the registrant's best efforts to prevent error, misrepresentation, fraud or any unethical practice in respect of a trade in a motor vehicle.
- A registrant shall provide conscientious service to the registrant's customers in the course of a trade in a motor vehicle and shall demonstrate reasonable knowledge, skill, judgment and competence in providing the services.
- if,
- a registered motor vehicle dealer enters into a contract to sell or lease a motor vehicle to a purchaser or lessee who is not another registered motor vehicle dealer,
- the purchaser or lessee trades in another motor vehicle to the dealer under the contract or to another registered motor vehicle dealer under a separate contract; and
- the dealer who receives the vehicle being traded in agrees to pay any outstanding loan on the vehicle or to pay any outstanding bill for the repait or storage of the vehicle,
the dealer who receives the vehicle being traded in shall fulfill the dealer's obligations under the agreement described in clause (c). O. Reg. 332/08, s. 9 (5).
Back to Top