What Should You Do if You Receive a Proposal from OMVIC?

//What Should You Do if You Receive a Proposal from OMVIC?

What Should You Do if You Receive a Proposal from OMVIC?

The Motor Vehicle Dealers Act, or the MVDA, regulates the Ontario Motor Vehicle Industry Council (OMVIC) including licences, dealer registration, and salesperson registration.

It is mandatory for all vehicle salespeople and dealers in Ontario to be registered with OMVIC and to meet the minimum requirements of the MVDA.

In case you fail to meet the prerequisites when applying for your registration, the Registrar may issue a Proposal to Refuse your application. Likewise, if you are found to be in violation of the MVDA after obtaining your registration or if the Registrar believes you are no longer entitled to it, they may issue a Proposal to Revoke or Suspend your registration.

What Happens If You Receive A Proposal to Refuse, Revoke, Or Refusal to Renew A Registration From OMVIC?

Upon receiving a proposal from OMVIC, you may appeal it with the Licence Appeal Tribunal (LAT). You may do so within 15 days of receiving the proposal to revoke, refuse, or refuse to renew a registration.

The LAT is primarily, an independent adjudicative authority that deals with receiving appeals, conducting hearings, and resolving disputes on several matters concerning safety and licence appeals. It was established to provide an impartial ruling over decisions.

How Does the Appeal Process Work?

You need to appeal to the LAT within 15 days of receiving a proposal from OMVIC. If you fail to do so, the proposal will be carried out, and your licence will be revoked or suspended.

Upon receiving your proposal, a hearing will be held with the Tribunal. You will be given a fair chance to provide evidence and testimony to defend yourself.

After considering your testimony and evidence, the Tribunal will issue a written decision within one or two months to either set aside the proposal or direct the Registrar to refuse, revoke or suspend your application or registration accordingly.

Dispositions Issued by the LAT:

  1. Order Registration
    If the Tribunal is of the view that the Registrar is incorrect in its opinion, it may allow you to continue your registration.
  2. Order Continued Registration
    If the Tribunal believes the Registrar’s decision to revoke your registration is inappropriate, it may order to continue your registration.
    Note: ‘Order Registration’ is issued in case of Refusal to Registration, whereas ‘Order Continued Registration’ is issued in case of Revocation of Registration.
  3. Order Registration with Conditions
    In some instances, the Tribunal may issue a registration with conditions, i.e., your dealership or salesperson licence will be continued subject to stipulations, such as agreeing to comply with arrangements with a specific ministry or not acting on behalf of the dealer for a definite period.
  4. Order Registration Without Conditions
    If the Registrar has issued a proposal to inflict terms and conditions and the Tribunal disagrees with the decision, it may order registration without those conditions.
  5. Order to Refuse Registration
    If the Tribunal is of the opinion that the Registrar is correct, and you are disentitled to registration on the grounds set by the Registrar, it may direct the Notice of Proposal to be carried out.
  6. Order to Revoke Registration
    If the Tribunal finds that the weight of evidence points towards revocation being an appropriate sanction, it may direct the Registrar to carry out the proposal to revoke your registration.
  7. Order to Suspend Registration
    If the Tribunal finds that it is not in the public interest to have a dealer open for business or for a salesperson to carry on their duty, it may direct the Registrar to carry out the Notice of Proposal to Suspend the Registration.
  8. Stay Order
    If the Tribunal deems fit, it may grant a temporary stop or stay of the order.

Hire A Lawyer to Guide You Through The Appeal Process

Dewshi Law assists licensees in front of the Licence Appeal Tribunal and provides legal services to OMVIC dealers and salespeople at affordable rates.

If you have any questions or concerns regarding a proposal to revoke, refuse, or refusal to renew a registration of your salesperson or dealer licence by OMVIC, or you’d like to launch an appeal, you can get in touch with us at 905-482-2832.

By | 2018-09-24T01:47:47-04:00 June 5th, 2018|Licencing|0 Comments

About the Author:

Anar Dewshi is a regulatory and licensing lawyer specialising in OMVIC regulated dealerships and salespersons. See complete contact details here.

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