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Motor Vehicle Dealing (Ontario)
Legal Guide
Ch.9 - Enforcement and Offences
(20 June 2021)- Enforcement
- Offences
1. Enforcement
The MVDA gives it's bodies a number of conventional enforcement methods, including:- complaint processing [MVDA 14];
- inspection of both registrants and applicants [MVDA 15-16];
- a discipline committee to deal with Code of Ethics violations [MVDA 17];
- investigators [MVDA 18];
- warrant and non-warrant searches [MVDA 19-20.1];
- court-ordered receiver and manager appointments [MVDA 21];
- bank and trust account freeze orders, including regarding non-registrant accounts [MVDA 22-22.1];
- restraining orders (against registrants and non-registrants) [MVDA 31];
- false advertising orders [MVDA 29, Reg 37].
Persons engaged in enforcement of the MVDA are subject to confidentiality and civil litigation evidentiary-privilege (preventing them from being called as witnesses in civil litigation) respecting things they learn in the performance of their duties, with necessary exceptions [Act 36].
2. Offences
Like most regulatory statutes, the MVDA has conventional offence provisions which may be prosecuted under the Provincial Offences Act (POA). One of these makes it an offence to "contravene() or fail() to comply with any section of this Act or the regulations made under this Act other than a code of ethics established under section 43", and others lay for "furnish(ing) false information" and failing to comply with orders made under the Act [MVDA 32(1)].
The maximum fine is $50,000 for an individual and $250,000 for a corporation [MVDA 32(3)]. There is a two-year limitation period [MVDA 32(5)].
Other related provisions exist for compensation orders [MVDA 33], and collection of fines imposed [MVDA 34-35].
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