COVID-19 Screening
October 2020

DEALER PLATE REFORMS
Best News on Dealer Plates in 16 years
We are pleased to announce proposals for the most significant regulatory changes to Ontario’s Dealer Plate rules in 16 years. That’s how long its been since the UCDA successfully worked to create the Dealer Plate currently used by dealers.
As in business, in politics timing is everything. We have been seeking the type of reform that has now been proposed for over two decades.
When we re-opened reform discussions with the Ministry of Transportation (MTO) in the spring of 2019, we found that they were serious about reducing barriers to business … what Premier Ford’s government calls “red tape”. All Ontario Ministries have been asked to find ways to reduce regulatory barriers to both business and consumers.
We asked the Trillium Automobile Dealers Association to work with us and together we approached MTO with a list of asks. We had an important meeting in late January with MTO, and other stakeholders such as the police, to explain why these reforms were necessary and why, without them, barriers to effective use of Dealer Plates would remain.
Happily, our submissions took root and in a flurry of announcements just before Thanksgiving, the Ontario Government announced the following proposals:
- Dealer Plate on Light Duty Commercial Vehicles (i.e. pickup trucks) for Private Use “loaded with goods”
Dealer Plates cannot currently be used on commercial motor vehicles carrying goods for private use. MTO is proposing to amend Regulation 628: Vehicle Permits, to allow the use of a Dealer Plate on a light duty commercial vehicle for private use that is “loaded with goods” for personal use (i.e. pickup trucks displaying a Dealer Plate). - Allow vehicles equipped with Dealer Plates and a New Vehicle Information Statement to drive on Ontario roads
The Ontario government is proposing to reduce the burdens on business by clarifying that New Vehicle Information Statements (NVIS) can be used in place of a valid registration permit when a new motor vehicle with a Dealer Plate is driven on the road in Ontario.
This would reduce the administrative burden and costs for businesses and the courts by eliminating tickets that are incorrectly issued to motor vehicle dealers driving new vehicles with Dealer Plates prior to sale. - Reduce costs and increase opportunities for businesses by making it easier to buy and sell vehicles at auction
Ontario proposes to permit people to drive motor vehicles with Dealer Plates without a registration permit when purchased at auction. This would make it easier for dealers to buy and sell vehicles at auction, would create new opportunities for small businesses and reduce the administrative burdens on business and customers.
You can submit your support for the proposal by November 1st at: https://tinyurl.com/yxp96pat
Repair And Run
Maybe it’s the hard times lately, but we are hearing more and more from Members who do repairs about folks running out on their repair bills.
Everyone has heard of the old pathetic tactic of running out on a restaurant bill, “dine and dash”. The latest is “repair and run”. The dealer/repair facility fixes the vehicle, but before they can present the bill, the customer gets in the vehicle and drives away!
Unfortunately, we are also finding many of our members are far too relaxed when taking customer vehicles in for repairs in the first place. Some members do a bit of paperwork, but often get very little information beyond name (sometimes just the first name) plate and VIN. Others complete no paperwork at all!
It’s pretty hard to collect a repair bill when “Jim” from Toronto takes off with his car. You don’t even know where Jim lives, much less his last name!
At a minimum, don’t start a repair without paperwork containing full name, address, VIN, plate, and driver’s licence number. No consumer will be surprised by this. Most large repairers do this all the time.
Better yet, once the repair is done, secure the vehicle and get the customer to review and SIGN the work order or invoice before you let them have access to the vehicle. If they take off, at least then you can slap a repair lien on it and repossess it (which you can’t without a signed acknowledgment of the debt).
Even without a signed invoice, with a name and address, you can send them a letter and if need be, serve a lawsuit to collect the debt in small claims court.
Dressing it up – Dress Codes and Probationary Workers
In Ontario, the Employment Standards Act does not require any specific minimum notice for an employee dismissed in his or her first three months of employment. As a result, many people believe every employee is on “probation” for the first 3 months of their employment and can be fired for any reason, without consequence.
This is incorrect. First, employees are only on “probation” if it is a specified term of their initial employment. This must be made clear at the outset and agreed to. Second, such an employee may be entitled to damages during this period for wrongful dismissal or … a human rights violation.
Damages may be minimal, but who needs the hit to reputation such an action could cause a dealer?
In Alberta, one dealer is learning that lesson the hard way.
The firing of a 20 year old female “probationary” employee appears to have been caused by a perceived violation of the dealer’s dress code for employees. As is often the case in such disputes, the “fog of war” clouds the facts, so all we have to go by is the jousting in the media and input from various “experts”. The firing of a 20 year old female “probationary” employee appears to have been caused by a perceived violation of the dealer’s dress code for employees. As is often the case in such disputes, the “fog of war” clouds the facts, so all we have to go by is the jousting in the media and input from various “experts”.
But given comments from the young woman and the dealer, it would seem some employees took offense to the blouse the woman chose to wear to work. Some apparently felt it was “see-through”, provocative or inappropriate for the workplace. For her part, she says she was wearing the same top when she was hired!
The real problem, as is often the case in such matters, is the employer does not seem to have had a clearly spelled out policy and no written employment guidelines, to which they could point. Such rules should be clear, enforced evenly and fairly and violations punished in proportion to the severity of the violation.
Now the woman is threatening to bring a human rights violation claim against the Edmonton-based dealer and, while the damages will likely be minimal, the legal fees, and negative press, will not be.
Online Defamation
We have written about the growing body of caselaw developing over the wild and woolly world of social media “complaints” about businesses.
Social media has become very important to dealers and ratings matter to many. Dealers have often noted the small but vocal group of “entitled” consumers who are set off by even minor problems or complaints with their used vehicle and who resort to rantings and ravings on the internet.
The trend seems to suggest that it’s getting harder and harder for businesses to resort to the courts to take action against the more outrageous “critics” out there.
When you start to read the following recent case, you might think it’s a slam-dunk that the business will be successful. The sheer nastiness and personal nature of the online posting certainly seems to “cross the line”. Read on however:
This whole silly dispute started over what the customer felt was an inexcusable delay in obtaining the faucet and toilet roll holder she had ordered.
It degenerated into accusations and counter-accusations of assault. The police were called and even though the items arrived the next day and were paid for and picked up, the customer and her mother simply could not leave it alone!
They began posting to social media and, as the judge in the case observed “[t]o say the posts were offensive and virulent fails to do them justice. It was more a personal attack than it was a true review …”.
You might think the lawsuit that the store and the store’s owner brought for defamation would be a slamdunk, right?
Wrong!
Apparently the judge felt there was a “public interest” somewhere in these postings. That finding is important because of what is called anti-SLAPP legislation in Ontario, meant to protect a consumer’s right to free expression from the oppressive threat of litigation by businesses.
The trouble is, the law is supposed to facilitate a balance between the right to speak one’s mind on the internet and the damage done to personal/business reputations by the allegedly defamatory words.
It’s hard to see much balancing done in this case or to see where the “public interest” lies in any of this.
Having said that, until appealed or overruled in another similar case, this reasoning stands and should be a caution to dealers contemplating court as an option to deal with the more outrageous social media ‘warriors’ out there.
Our advice is to ignore this silliness. Trust that most readers will determine such posts say much more about the person posting, than they do about the business being targeted!
If you must respond on social media, state your response without emotion, stick to the facts, be courteous and brief. Depending on how ridiculous the post is, you might invite the poster to contact you to see if things can be worked out.
Do not, under any circumstance, stoop to their level and be rude, offensive or discourteous in any social media reply.
Invariably, that would only make things worse!
Dealer Quiz
- When is a Status Indian purchasing a vehicle from a dealer exempt from paying any HST?
a) always
b) when the Status Indian lives on a Reserve
c) when the vehicle is registered in the Status Indian’s name
d) when the vehicle is delivered to the Status Indian on a Reserve - A vehicle is consigned to a dealer. The dealer sells the car to a consumer and two weeks later the engine requires replacing. Who is most likely responsible for the repair costs?
a) the consignor – it was their car
b) the consumer – who was told consignment
vehicles come with no guarantees
c) the dealer – who is responsible for any vehicle sold
d) OMVIC - A vehicle with a lien registered on it cannot be transferred to another person at a licence office.
a) True
b) False - A finance lien, such as what a bank would register under the Personal Property Security Act (PPSA) to secure a vehicle loan, is not the same thing as a repair lien, which is what a mechanic might register on a vehicle to secure an account for an unpaid repair bill. If the bank registers their lien before the mechanic on the same vehicle, who has priority?
a) the mechanic
b) the bank - A registered salesperson can legally sell vehicles for:
a) only the dealer by whom the salesperson is employed
b) any dealer to whom the sales person is registered with OMVIC
c) any dealer as long as the employing dealer has given written consent
d) any dealer as long as OMVIC is notified in advance
Minimum Wage
Minimum wage rates in Ontario increased on October 1, 2020. This increase is tied to the Ontario Consumer Price Index for 2020.
The increase to the general minimum wage was 25 cents, which brings the new rate to $14.25 an hour from $14.00 an hour.
For a chart showing all minimum wages in Ontario, including for students, etc., please see this link:
James Bond Would Have Paid
A woman in B.C., who owned a valuable “James Bond” edition Aston Martin DB9 made the wrong decision not to pay her repair bill and then doubled-down and tried to sue the dealer and the mechanic who fixed her car!
She bought the vehicle for $200,000 in 2014 and in 2015 she ran it into a rock. Carrying minimal insurance, the $85,000 to $135,000 estimated cost to repair was her responsibility. But, when she was presented the final repair bill, she felt it was too high.
She sued the dealer for selling her the vehicle in the first place, claiming they took advantage of her wealth and poor English skills. She sued the garage for “hiking” the bill and both of them for $300,000 in “pain and suffering”, a term much used and rarely successfully proven in court.
The judge was not having any of it. The court dismissed her claim and ordered her to pay the repair bill of $85,549, pre-judgement interest of $4,078, legal fees and storage fees.
Her legal adventure ended up costing her $328,930.50.
We have to assume she left the courtroom shaken … but not stirred?
Think E-Transfers Are Secure?
Think Again
Pat Foran of CTV News reported on a case of a woman who sold jewelry and accepted payment by e-transfer. The woman thought once the $1,750 was deposited to her account it was final and secure.
Think again. Apparently, 5 months after this transaction, her account was frozen as the TD Bank identified that the funds deposited to her account were “fraudulent”.
Her mistake, according to the bank, was accepting funds from someone she did not know. More specifically, the bank says:
“When sending an Interac e-transfer, it’s important to ensure the recipient’s email address is correct, and the security question and answer is not easily guessable.”
In another case identified in the report, a man thought he was sending $1,000 to his lawyer. Somehow, the funds never made it to his lawyer and were in fact “intercepted” by some unknown third party.
The woman eventually got her $1,750 back in her account, but the man never did.
As dealers use this method of payment more and more these days, please take the bank’s advice to heart and be absolutely sure about the email address you use for sending or receiving funds. And make those security questions difficult enough so that some bad actor cannot easily guess the answer.
It seems e-transfer is only as secure as YOU make it.
Answers
- The answer is d), when delivered to a reserve. If the Status Indian takes delivery from the dealer’s premises, they are exempt from the 8% Ontario portion of the HST, and would pay 5% tax.
For more information see:
https://tinyurl.com/y2hwhhwj - The answer is c). Dealers are responsible for any vehicle sold, including consignment sales. This is why Members need to be cautious about entering into any agreements with a vehicle owner to sell it on consignment.
- The answer is False. Service Ontario does not prevent the registration of a vehicle with a lien on the VIN from being transferred. This is why doing a lien search is so important!
- The answer is a), the mechanic. Valid repair liens, registered under the Repair and Storage Liens Act, take priority over pre-existing liens registered under the PPSA.
- The answer is b). Salespeople must be registered with OMVIC to buy and sell vehicles for one or more registered dealers. They may not buy or sell for dealers to whom they are not registered.
September 2020
Commercial Tenancies Act
Commercial Tenancies Act
September 2020

UCDA & DESROSIERS SURVEY MEMBERS ON COVID-19 IMPACT
In May and again in August, the UCDA, working with DesRosiers Automotive Consultants, surveyed Members about the effects of COVID-19 on their businesses. The earlier survey found that business had all but dried up for most Members during the April shutdown.
The most recent survey, conducted from August 4-11 and covering the months of May, June and July, received responses from close to 600 Members. It showed a much improved situation compared with the state of the industry in April.
While only 13.9% of responding Members were open for their regular hours in April, by July 48.3% were open regular hours. While this still left more than half the stores at less than regular hours, it was a huge step forward from the Spring. Complete closures of Member stores fell from 42.1% in April to just 5.0% in July.
Many Members have seen steadily improving sales in recent months. In July, as consumers released pent-up demand, nearly 40% of surveyed Members indicated sales volume growth compared to the previous year. However, 21.1% indicated a sales decrease of 1-25%, 23.4% indicated a decrease of 26-50%, and 15.9% indicated a decrease of 51-100%.
Comparatively in April, 99.1% of Members indicated that their sales volumes had dropped with the majority (54.8%) indicating a decrease of 76-100%.
For the year overall, close to 80% of responding Members expect the market to be down from 2019, with the largest segment, 32.4%, expecting total sales to decrease between 1% and 25% in 2020.
With regard to used vehicle prices, the majority of respondents (68.6%) saw price increases of varying degrees in July. A shortage of vehicles traded in during the Spring months has led to supply – demand mismatches in the market pushing prices higher.
This is also reflected in vehicle sourcing patterns for Members in July, with the great majority of respondents indicating challenges in sourcing some or all vehicles. Indeed, just 9.5% of respondents noted no difficulty whatsoever in sourcing vehicles.
From information received from Members since the survey was completed, August continued the trend from July. Sourcing inventory has continued to be a concern for most Members, despite a steadily increasing volume of vehicles going through the auctions.
Demand has remained steady, so prices have stayed high or have risen further on popular models. This has been exacerbated by the continued high demand at auctions from U.S. dealers, who are prepared to pay well over typical Canadian retail prices for used pick-ups and some SUVs.
OMVIC Renewal Form – Export Question
Not that long ago, OMVIC forms … applications, renewals, transfers … were all on paper. OMVIC has moved much of this online, as many dealers have with their own forms and contracts.
Generally, this makes life easier. However, it also creates its own unique challenges. For example, we rely, more than ever, on Members to tell us what they find confusing or difficult about some of the online forms they encounter from OMVIC. In many cases, we have not seen the form, because we do not have account access like dealers do.
One form that dealers will encounter regularly is the “dealership renewal request” form. This is how dealers renew their dealer registration with OMVIC annually online. We recently learned that a new category had been added to the form for the transaction fee which asked about vehicles sold for “export”.
Many dealers export vehicles out of Canada, and in particular to the U.S., so this number, for some dealers, can be large. If the $10 fee applied to every such sale that number would be large too! What is important, and what the form may not have made as clear as it could have, is that the number you report for this purpose should not include sales to “dealers”.
This is how the form was worded:
We asked OMVIC to clarify that the form only expected numbers to be reported on sales to non-dealers, not the actual total number of sales to all buyers.
The other concern, in light of this possible confusion, is how dealers who may have “over-reported” could ask OMVIC to reassess the transaction fees they may have been charged in error.
On the first issue, OMVIC has responded to the concern by amending the form to ask the question in a way that should cause less confusion. The new question emphasizes that the number of sales being asked for are sales to nondealers.
They have also updated their FAQ’s on the subject https://tinyurl.com/y6k6zytw
This is how the form is now worded:
As to the second issue, how do you correct reporting errors or seek adjustments to transaction fees charged in error? OMVIC advises dealers to contact OMVIC’s registration department, so OMVIC can get more information and check details. Your can reach OMVIC at:
[email protected] or call 1-800-943-6002 x3941.
Person In Charge
Uneasy lies the head that wears a crown.
– History of Henry IV, Part II, Act III, Scene 1
Every dealership has one. The man or woman on whose shoulders falls the responsibility for the day-to-day operations of the dealership.
In some dealerships, it’s easy to identify that person. If you are a sole proprietor for example, it’s probably you! In larger dealerships it becomes less and less obvious who that person might be or, more importantly, who that person should be.
Whether you are a business manager, sales manager, general manager or the “owner” of a dealership, it does not necessarily mean that you are the right person to be the “person in charge”.
This matters for two reasons:
- A “person in charge” is a term of art used in the Motor Vehicle Dealers Act. Under the Act, it is a condition of registration or renewal that each dealer appoints and identifies to OMVIC at least one “person in charge”.
- When dealers run afoul of the rules and regulations, and OMVIC takes the dealership to Discipline, they often levy fines and impose other requirements against the dealership (i.e. corporation) AND the person in charge.
So ask yourself, who is the “person in charge” at your dealership. This may not mean the same thing as who is the “owner” or “principal” of the operation. Who is the main manager, there all the time, watching and supervising dayto-day affairs?
The answer may surprise you and … it does matter … so be careful who you choose to designate for that role. It carries some potentially severe burdens with it.
If you are unsure who your person in charge is, contact OMVIC. You can also make changes on-line or by use of this form: https://tinyurl.com/yy2qt7on
Temporary Layoff Relief
We last reported on this issue in a Dealer Alert on June 1st.
The Ontario Government has extended the temporary layoff relief for employers, the effect of which is to help ensure a layoff does not automatically become a termination by the passage of time, as would normally be the case. This was set to expire on September 4, 2020.
Under the normal rules in the Employment Standards Act (ESA), a temporary layoff would have been deemed a termination after:
- 13 weeks, if no payments or benefits are continued;
- 35 weeks, if certain payments or benefits are continued; or
- for such longer period that an employee retains recall rights under any applicable collective agreement.
The Ontario Government has extended the amendment of a Regulation under the ESA to allow employers to place employees on Infectious Disease Emergency Leave. This will ensure businesses aren’t forced to terminate employees after their ESA temporary layoff periods have expired.
Workers will remain employed with legal protections and be eligible for federal emergency income support programs while employers will be protected from costly claims for severance or damages.
The extension will now last until at least January 2, 2021.
Dealer Quiz
- Under the Motor Vehicle Dealers Act Regulations, if the total cost to repair prior vehicle damage exceeds a set amount, the dealer must make a statement to that effect when the car is sold and if the actual cost to repair is known by the dealer that actual amount must be stated. What is the set dollar amount?
a) $1,000
b) $3,000
c) $750
d) none of the above - Dealer online advertisements must include:
a) the dealer’s registration number
b) the dealer’s name and business phone number
c) the word “Dealer”
d) b or c - A closed-end lease is a contract where the lessee (customer) is responsible for:
a) the vehicle’s residual value at lease end
b) mileage in excess of agreed kilometers
c) a and b
d) none of the above - Issuing a Safety Standards Certificate confirms that the transmission in a used vehicle has been inspected and will function properly.
a) True
b) False - The Consumer Protection Act provides consumers with an automatic “cooling off period” allowing them to change their minds and decide to cancel a vehicle purchase agreement signed at the dealership, without any consequences, within:
a) 24 hours
b) 48 hours
c) 10 days
d) none of the above
Consumer Protection Act, 2002 (CPA)
The CPA governs the way businesses relate to their customers, and describes illegal and unfair business practices known as “false, misleading or deceptive” representations and “unconscionable” consumer representations.
Consumers have up to one year to cancel a contract if they have been subjected to an “unfair practice”. This cancellation may be subject to reasonable compensation to the business.
Businesses are expected to disclose information that would be important to the customer in making the final purchase decision, whether or not the customer asks for the information.
So what are unfair practices? An extreme example would be selling a used car, but telling the buyer it’s a new car. Or telling a consumer a 4×4 was never used “off-road”, when in fact, it was used in the forests of Northern Ontario by the logging industry. It boils down to keeping important “material” facts about what you are selling from the buyer either by outright lies, exaggeration or half-truths.
There are other examples in the CPA of such misrepresentations, such as:
- describing benefits or qualities the goods do not possess
- suggestions that the supplier of the goods has sponsorship, approval, status, affiliation or connections the supplier does not have
- goods are of a standard, quality, grade, style or model that they are not
- saying the goods are available for a reason that does not exist or when the person making the representation knows or ought to know they will not be
- saying a price advantage exists, when it doesn’t
- misrepresenting the authority of the person dealing with the consumer to negotiate the final terms of the purchase
- making false or misleading representations that the proposed transaction carries with it certain rights, remedies or obligations
- misrepresenting the purpose or intent of any communication with a consumer
They all amount to the same message: “say what you mean and mean what you say”.
An “unfair practice” can also arise in cases where:
(a) a consumer can’t protect their interests because of disability, ignorance, illiteracy, etc.;
(b) the price grossly exceeds the price at which similar goods or services are readily available;
(c) the consumer is unable to receive a substantial benefit from the subject-matter of the representation;
(d) the consumer clearly can’t afford the deal;
(e) the consumer transaction is excessively one-sided in favour of someone other than the consumer;
(f) the terms of the transaction are so adverse to the consumer as to be unfair;
(g) a statement of opinion is misleading and the consumer is likely to rely on it to his or her detriment; or
(h) there is undue pressure.
For dealers, this means all information in contracts must be clear, comprehensible and prominent. If sales or lease contracts are missing required information, a consumer could cancel the transaction.
It also means dealers and their employees must be truthful … always!
Even ignorance about a vehicle’s defects or previous use may not be a defence. The CPA refers to things a business knows or ought to know. The CPA assumes that businesses have more resources and experience then consumers in determining the facts about what they sell.
For example, if a customer asks if a vehicle has been in an accident, and you know it has been, you must tell the customer. On the other hand, if you don’t know, don’t say “not to my knowledge”, but instead research and appraise the vehicle, as best you can, so you can answer the question with confidence.
Businesses and their employees found guilty of knowingly violating the CPA may also be liable to substantial fines and even imprisonment, in addition to the civil damages that could be obtained by the consumer in a lawsuit.
Answers
- The answer is b) $3,000.
- The answer is b) The dealer’s name and business phone number.
- The answer is d) none of the above. A closed-end lease is a rental agreement that puts no obligation on the lessee (the person making periodic lease payments) to purchase or guarantee the value of the leased asset at the end of the agreement.
- The answer is False. A safety inspection does not cover the transmission and most of a vehicle’s power train.
- The answer is d), none of the above. There is
generally no cooling off period on the sale of a vehicle
by a dealer.
Sanitizer Recalls
Sanitizer Recalls
July/August 2020

THE GOOD ... THE BAD ... & THE UGLY ... SHARED COVID-19 STORIES FROM THE ROAD
As Ontario and the industry gradually re-opened, the UCDA started sending our on-road member ambassadors back on the road to visit members.
Visits to members started in Eastern Ontario and then in some rural areas of the Province where COVID-19 was not wide-spread. Gradually, as the Province has gone to Stages 2 and 3 of the recovery, members are being visited in the larger cities as well.
Our ambassadors have shared a few stories of the PPE measures being taken by some members they have visited. Some have come up with very laudable and creative ways of safely operating during the COVID-19 pandemic.
Here are a few:
At one dealership there was a table set up with a sign that asked visitors to use the hand sanitizer and to wait to be served. At the side of this barricaded area, there was a salesperson who asked what he could do for me. He went and found the person I was looking for and I was able to enter.
On the seats in the waiting area, there was signage that said the seats were sanitized for your safety. On that sign, it said flip over the sign once you get off the chair. The backside of the sign said the seat needed to be sanitized. I thought that was a great idea!!
Another dealership had a similar barricade at the front entrance, along with a promotional cardboard tower that said it was a sanitization station. A bottle of sanitizer fit inside a box in the tower. There were masks on a table as well as gloves for customers to use. At this dealership the staff wore masks and they also had desks with plexi-glass barriers between sales staff and consumers.
Unfortunately, not all members visited were taking the same precautions.
Another dealer had no sanitizer and no one was wearing a mask. The door was wide open, possibly to bring in fresh air, but anyone could walk in unannounced. Our rep was told that most customer visits take place outside and staff don’t wear masks so that customers feel at ease with staff who “look well”.
At one store, our rep, who was wearing a mask, was greeted by someone who wasn’t and seemed unsure how to react. He went to get a manager who said that there was no need for masks. No one wore them there. There was no sign of sanitizer or any PPE.
Many municipalities now have mandatory mask wearing by-laws in force for publicly accessible indoor areas. That includes dealerships. Public health authorities, various levels of government, OMVIC and the UCDA have all issued guidelines and recommendations to help businesses, and in particular dealers, operate safely during the pandemic.
We urge members to review PPE protocols and think out of the box where necessary to ensure that all that can be done is being done to prevent the transmission of COVID-19 to your staff and to customers and other visitors.
Dealer Quiz
- 1. The Used Car Dealers Association of Ontario started in 1984 with just a handful of members. Today the UCDA’s membership is almost:
a) 500
b) 1500
c) 5000
d) 6000 - The Motor Vehicle Dealers Compensation Fund exists for the benefit of consumers and may offer compensation on proven claims up to:
a) $10,000
b) $45,000
c) $20,000
d) none of the above - The UCDA offers a mediation service to consumers who have complaints about vehicles they have bought from Ontario dealers, some of the conditions of this service are:
a) it’s free
b) it’s available even if the dealer is not a UCDA member
c) it’s informal and usually done by telephone or email
d) all of the above - A trade-in can be used to save tax when buying from a dealer.
a) True
b) False - No retail dealer (general class dealer) can operate from a residence, the location must be commercially zoned.
a) True
b) False
Extended Warranty Update
We have added two new warranty providers to our list.
In addition to those already listed, the new additions have satisfied the UCDA that their warranties are fully insured by a licensed Ontario insurer:
Veritas Global Protection Services, Inc. 1-888-222-3020
Central Administrative Service Corporation, Inc. 1-888-222-3020
Each of the companies listed below have provided the UCDA with a copy of its insurance agreement, along with a written undertaking by the insurer to notify the UCDA in the event that the coverage is cancelled or changes are made.
The UCDA asks the recognized warranty companies to have insurers provide annual updates to us, confirming that insurance remains in place.
Verified Insured Warranty Companies
After receiving updates from insurers, here is the current alphabetical list of warranty companies that have met our requirements for insurance recognition:
Assurant Vehicle Protection Services(formerly Coast to Coast) | 1-800-387-0119 |
Canada General Warranty Inc. | 1-866-320-8975 |
Central Administrative Service Corporation, Inc. | 1-888-222-3020 |
Cornerstone United Warranty (XtraRide and AutoXtra) | 1-800-774-9992 |
Coverage One Warranty | 1-866-320-8975 |
D.I.S.C.C. Enterprises Ltd | 1-800-663-1303 |
First Canadian Protection | 1-800-381-2580 |
Global Warranty | 1-800-265-1519 |
Lubrico Warranty | 1-800-668-3331 |
Nationwide Auto Warranty | 1-888-674-8549 |
People’s Choice Warranty Ltd. | 1-888-284-2356 |
Specialty Administrative Services, LLC | 1-888-668-4360 |
Sym-Tech i-Select Plus | 1-800-363-5796 |
Veritas Global Protection Services, Inc. | 1-888-222-3020 |
The UCDA does not endorse any specific warranty company or product, but strongly recommends that members only offer warranties that are insured by a licensed Ontario insurer.
Exporting Concerns
Few issues attract more calls from dealers than sales where the buyer wants to buy a vehicle and pay no tax because they plan to “export” the vehicle out of Canada.
Because of this, we have written in the pages of Front Line repeatedly warning members against the practice of exempting “export buyers” from paying HST. There are several good reasons to avoid this:
- You are underwriting the buyer’s exemption; if he or she is entitled to recover tax let them ask the HST office for it back;
- You can’t give delivery to the buyer in Canada. Delivering it to a “shipper” is not good enough. You need solid and correct paperwork, which few dealers are getting.
- In many cases “export buyers” are actually curbsiders in the business of exporting vehicles overseas.
Often, the “Export Buyer” will offer a bill of lading. Well, a bill of lading is not something a shipper in Mississauga can give you. It is only issued when the vehicle is loaded on a ship in Halifax, Montreal or Vancouver.
Also, we have heard of Canada Revenue Agency auditors asking dealers for proof from Nigeria, Dubai, Kazakhstan or wherever the vehicle went, that the vehicle arrived and was “registered” there, what form such proof would take … WHO KNOWS?
Our advice, charge HST on every sale no matter who or where the buyer is.
If you decide to proceed and not collect HST, be sure to handle the export yourself and use a trusted shipper who is working for you and who will help ensure you are in compliance. You must follow the export rules to the letter.
The rules being cited by the CRA can be found at:
https://tinyurl.com/t7foyoz
OMVIC Mystery Shoppers on the Road Again
OMVIC has announced they will conduct mystery shop visits at dealerships in Durham Region to monitor all-in-price advertising compliance in the coming weeks.
OMVIC says they are doing this ‘secret shopper’ initiative because of ongoing all-in price advertising violations by some dealers whose actions have resulted in consumer harm. Non-compliance is also unfair to those dealers that follow the law.
Reminder: Only HST and licensing fees can be added to the price and the ad must prominently indicate they are not included.
New U.S. Duties on NonAmerican made vehicles
Despite the implementation of the Canada-United States -Mexico free trade agreement on July 1, the United States Government has imposed duties on the import of many nonAmerican made vehicles, on the grounds of national security.
Dutiable Entry Foreign-made vehicles imported into the U.S., whether new or used, either for personal use or for sale, are now generally dutiable. Many, but not all, Canadian-made vehicles are exempt from these duties. Mexican-made vehicles are generally subject to these rates.
Autos are subject to a duty of between 2.5% and 2.8% of the declared price paid for the vehicle. Trucks, including pick-ups, many of which are made in Mexico, are subject to a duty of 25% of the declared purchase price. Vehicles made in Mexico have a VIN beginning with a “3”. If the manufacturer’s label shows the letters “TRU” as the vehicle type, it is considered to be a truck.
For more information contact U.S. Customs and Border Protection (CBP) at 202-325-8000. CBP does not have a toll free number for use outside of the U.S.
Answers
- The answer is c). There are nearly 5,000 active UCDA members!
- The answer is b). The maximum claim that a consumer can make to the compensation fund is $45,000, if the consumer meets certain criteria set out in the Motor Vehicle Dealers Act.
- The answer is d), all of the above. The UCDA has been offering fast and free mediation services to help consumers and dealers resolve disputes since 1992.
- True. When a consumer trades a vehicle in against the purchase of a vehicle from a dealer, the taxable amount of the purchase is reduced by the value of the trade-in. In other words, the HST is calculated based on the difference between the purchase price and the assigned value of the vehicle being traded in.
- True. Retail dealers, called General Dealers in the Motor Vehicle Dealers Act, may not operate from a residence. They must operate from a commercial property, acceptable to their local municipality for the sale of motor vehicles to the public.
Wholesale dealers, who are permitted to do business only with other dealers, do not need a commercial premises from which to operate, though they must store their books and records at a commercial location to allow for inspection by OMVIC.
NAPA’s Third Quarter Promotion Is “The Golden Ticket”
Have you been participating in the NAPA promotions? It’s simple to do. You just need to be a UCDA member and be registered for the program free of charge. Purchase from your local NAPA store, and if you reach the minimum qualifying amount, you’re automatically entered into the draw.
We would like to congratulate the previous 2020 winners:
- Q1 Winner 401 AutoRV Canada – Visa Gift Card
- Q2 Winners Mark Wilson’s Better Used Cars and Precision Tune Brooklin – each win an IPad with AutoServe1
July/August 2020
Mandatory Mask or Face Covering Bylaw
Mandatory Mask or Face Covering Bylaw