To support registrants in meeting current compliance obligations, the Ontario Motor Vehicle Industry Council (OMVIC) is launching a series of guidelines. They will provide clarity surrounding several critical topics related to dealership operations.
These guidelines will provide direction for registrants and are subject to the provisions of the Motor Vehicle Dealers’ Act, 2002 (MVDA), its regulations and other provincial legislation forming the basis of OMVIC’s regulatory work.
The first guideline on electronic record-keeping has launched to support registrants as they transition to an increasingly digital and paperless file management system.
Although the MVDA does not specifically address electronic record-keeping, there are laws that must be adhered to as registrants create, manage and maintain their records electronically.
OMVIC facilitated stakeholder consultation sessions to understand the guidance registrants needed for electronic record-keeping. The guideline reflects the input received and is intended to support the industry in meeting current compliance obligations.
The electronic record-keeping guideline includes: an overview of the current legislation and regulations in place, and information on how to remain compliant.
In summary, the guideline states that:
- Electronic records are acceptable if registrants comply with the established guidelines.
- Registrants require the registrar’s permission to keep electronic records off-site (e.g., in a cloud-based service or on a third-party computer server).
- Electronic record-keeping is optional, not mandatory.
- Registrants who digitize records currently in paper form can then dispose of the paper copies in a safe and secure manner.
OMVIC will be hosting an informational webinar on February 14th, 2022, at 1:30PM to answer any outstanding questions. Register here for the webinar.
Note: The guideline, tips, measures, checklists, and recommendations were created to assist dealers/salespeople and are not legal documents. Registrants are encouraged to obtain independent legal advice.
In July 2021, OMVIC launched the new Dealer Support team whose mandate is to assist and support dealers in achieving and maintaining compliance with the MVDA. Please contact the Dealer Support team at firstname.lastname@example.org or by calling 1-800-943-6002 if you have any questions or concerns.