Notice of complaint and the discipline committee
This is part three of a four-part series that details OMVIC’s approach to enforcement action with a focus on registered dealers and salespersons who have violated the Code of Ethics – otherwise known as a notice of complaint.
Code of Ethics
The Code of Ethics are laws governing the professional conduct of dealers and salespeople within the automotive sales industry in Ontario. They include the following core principles:
- Disclosure and marketing
- Disclosure of information in contracts of sale and lease
The Code of Ethics is included in the Motor Vehicle Dealers Act, 2002 (MVDA). Each OMVIC registrant embraces the demanding standards detailed within the Code and agrees to adhere to its language and intent. It is designed to protect Ontario’s consumers, as well as create a level playing field for dealers and salespeople. For more information on the Code of Ethics, visit omvic.ca.
What is a Notice of Complaint?
If the registrar believes a dealer or salesperson has violated the Code of Ethics, they may be issued a notice of complaint, which will outline the alleged violations.
Recipients of a notice of complaint who don’t dispute the allegations it contains may be able to negotiate a settlement by way of an Agreed Statement of Facts and Penalty.
A recipient who disagrees with the allegations contained in a notice of complaint has the right to have the matter heard before the discipline committee. This is a three-person panel (made up of registered dealers/salespersons and non-industry representatives of the public). The committee will hear evidence, decide whether the allegations are founded and if so, decide on an appropriate penalty. They can order a fine of up to $25,000 per party and mandatory education courses.
The MVDA requires OMVIC to make all discipline decisions available to the public, which can be found at omvic.ca.
Depending on the type of offence and circumstances of the case, a dealer or salesperson may be subject to one or more of the three types of enforcement proceedings explained in OMVIC’s approach to enforcement action article.
Part four of OMVIC’s approach to enforcement will discuss registered dealers and salespersons who have been in violation of the MVDA, CPA (Consumer Protection Act), or certain other laws that will result in being formally charged with an offence and prosecuted under the POA (Provincial Offences Act).
How OMVIC Can Help
OMVIC offers free education for dealers and salespersons upon request. Email email@example.com for more information. To find out more the enforcement process, register for our webinar in November. Watch our social channels in the coming weeks to find out how you can register.
Email our dealer support team at firstname.lastname@example.org or call 1-800-943-6002 Ext. 4 if you have questions about the enforcement process, understanding the law, and more.