General Regulations 52/57 specifies strict record keeping requirements the dealer must maintain.

1. For every vehicle the dealer has for the purposes of a trade, the dealer must maintain records of:
   1. Vehicle Identification Number (VIN).
   2. Copy of any Safety Standards Certificate.
   3. Result of any inspection under the Highway Traffic Act (Drive Clean, etc.).
   4. Particulars of any repair or reconditioning work done or authorized by the dealer, including the source of any parts, the cost of the work and the name of the repairer.
   5. If the odometer has been exchanged or repaired:
      1. The reading both before and after the work.
      2. Name of the person who did this work.
   6. Compliance with subsection 11(2) of the Highway Traffic Act (that is, applying within six days for a new vehicle permit).
   7. Compliance with subsection 60(1) of the Highway Traffic Act (that is, keeping the complete records on second-hand vehicles).
   8. Note: An “Outside Ontario Dealer” does not need to record b, c and d above.

       

2. For each trade the dealer enters into, the dealer must maintain records of:
   1. Each sale to a buyer.
   2. Each lease to a lessee.
   3. Each consignment contract.
   4. Each sale to a customer that is the subject of a consignment contract, whether the dealer is the consignor or the consignee.
   5. If the dealer is a “Broker,” each agreement the dealer enters into with a customer.
   6. If a “Broker” has facilitated the trade, an indication of this.
   7. If the dealer is a “General Dealer,” each sale or lease facilitated through the dealer.
   8. Each purchase (including trade-ins) by the dealer.
   9. Sale of an extended warranty or a service plan, including where the dealer has facilitated the sale.
   10. The method and amount of payment to or by the dealer (including commissions). Payment records must include copies of cheques, receipts or any other evidence of payments. The dealer must also keep any correspondence, worksheet or other documentation which shows the breakdown of costs related to any sale or lease.
   11. Note: A “Fleet Lessor” does not need to record f and j.
3. “Records of business” to be maintained:
   1. Employee records, including the names of employees, positions held, dates of employment, how much each employee is paid and proof of payment.
   2. A list of “persons associated with the dealer” and the nature of their association (see Chapter 2.11).
   3. Records of all dealership bank accounts and any financing of the business, including loan agreements, credit arrangements or any security interest granted by the dealer.
4. Records must be maintained for six years.
5. If any of the above required records become unavailable due to “force majeure” (a catastrophic event, such as theft, fire or flood), the dealer must notify OMVIC in writing within five days, specifying what was lost and the reason for the loss. OMVIC will discuss with the dealer the immediate steps that should be taken by the dealer to reconstruct these records.
6. The required records can be stored in any location from which the dealer is authorized to trade (except for a private dwelling). If space isn’t available at the dealer’s registered address for the records, they may choose another location, so long as they apply for and receive written authorization from OMVIC’s Registrar. In order for a remote storage location to be approved, it must be accessible to OMVIC staff for inspection during normal business hours.

“FORCE MAJEURE”: A catastrophic event (e.g., theft, fire, flood, etc.) outside the control of the parties and that could not be avoided by the exercise of due care.