How may an OMVIC inspector get at sales information that a dealership keeps only on its computer system?

Use of the dealership's own computer system

A search warrant from a justice of the peace

Written notice given 24 hours in advance

Printouts the dealer prepares for the inspector

An OMVIC inspector requires a dealer to produce a record. What must the dealer do?

Produce it and give whatever help is reasonably necessary

Wait until the dealership's lawyer has reviewed the request

Hand over printouts and refuse access to the computer

Ask which customer it concerns and why it matters

OMVIC uses inspectors and investigators. What role does each one play?

Inspectors act as auditors, investigators as provincial offences officers

Both are police officers with the same powers

Inspectors lay charges, investigators evaluate premises and records

Inspectors cover northern Ontario, investigators cover southern

What usually sets an OMVIC investigation into a dealer going?

Information from an inspector, a consumer or the police

The dealer's own registration renewal filing

A poor online review of the dealership

A yearly audit of every registered dealership

Which of a dealer's books and records may an OMVIC inspector examine during an inspection?

All the books and records the dealer must keep

Only the past year's books and records

Only those named in a written request

Only the ones the dealer chooses to produce

What can an OMVIC investigation into a dealership and its staff result in?

Charges, a revoked registration, or discipline from OMVIC

An immediate closure of the dealership's premises

Charges laid in court, and nothing further

A fine paid on the spot to the investigator

Inspections and discipline: quiz

Inspections and discipline · 9 questions Free set

Question 1 of 9 Inspections and discipline

During an inspection, an OMVIC inspector may examine the dealership's books and records only, not its vehicles or parts.
- True
- False
Motor Vehicle Dealers Act, 2002 · reproduced on this site Press to read the wording here

(2) While carrying out an inspection, an inspector,
(a) is entitled to free access to all money, valuables, documents, records, motor vehicles and motor vehicle parts of the person being inspected that are relevant to the inspection;
(b) may use any data storage, processing or retrieval device or system used in carrying on business in order to produce information that is relevant to the inspection and that is in any form; and
(c) may, upon giving a receipt for them, remove for examination and may copy anything relevant to the inspection including any data storage disk or other retrieval device in order to produce information, but shall promptly return the thing to the person being inspected. 2002, c. 30, Sched. B, s. 15 (2); 2006, c. 34, s. 17 (2).

Read section 15 in full

An inspector's free access on an inspection runs to money, valuables, documents, records, motor vehicles and motor vehicle parts that are relevant to the inspection, so the cars on the lot sit inside that reach rather than outside it. Section 15(2)(a) of the MVDA sets the list. Chapter 10 covers enforcing the Act.
Question 2 of 9 Inspections and discipline

How may an OMVIC inspector get at sales information that a dealership keeps only on its computer system?
- A search warrant from a justice of the peace
- Use of the dealership's own computer system
- Written notice given 24 hours in advance
- Printouts the dealer prepares for the inspector
Motor Vehicle Dealers Act, 2002 · reproduced on this site Press to read the wording here

(2) While carrying out an inspection, an inspector,
(a) is entitled to free access to all money, valuables, documents, records, motor vehicles and motor vehicle parts of the person being inspected that are relevant to the inspection;
(b) may use any data storage, processing or retrieval device or system used in carrying on business in order to produce information that is relevant to the inspection and that is in any form; and
(c) may, upon giving a receipt for them, remove for examination and may copy anything relevant to the inspection including any data storage disk or other retrieval device in order to produce information, but shall promptly return the thing to the person being inspected. 2002, c. 30, Sched. B, s. 15 (2); 2006, c. 34, s. 17 (2).

Read section 15 in full

Section 15(2)(b) of the MVDA expressly authorises an inspector to use any data storage, processing or retrieval device or system used in carrying on business to produce information relevant to the inspection. Section 15(4) then compels whatever assistance is reasonably necessary, so printouts are no substitute for system access, and nothing in section 15 makes a warrant or a notice period a condition. Chapter 10 covers enforcing the Act.
Question 3 of 9 Inspections and discipline

An OMVIC inspector requires a dealer to produce a record. What must the dealer do?
- Wait until the dealership's lawyer has reviewed the request
- Hand over printouts and refuse access to the computer
- Produce it and give whatever help is reasonably necessary
- Ask which customer it concerns and why it matters
Motor Vehicle Dealers Act, 2002 · reproduced on this site Press to read the wording here

(4) An inspector may, in the course of an inspection, require a person to produce a document or record and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce information that is relevant to the inspection and that is in any form, and the person shall produce the document or record or provide the assistance. 2002, c. 30, Sched. B, s. 15 (4); 2006, c. 34, s. 17 (2).

Read section 15 in full

Section 15(4) of the MVDA requires the person to produce the document or record and to provide whatever assistance is reasonably necessary, including using a data storage, processing or retrieval device or system to produce information. The duty is immediate and unconditional, so there is no pause for counsel, no right to hand over printouts instead of system access, and no requirement that the inspector name a customer or justify the request. Chapter 10 covers enforcing the Act.
Question 4 of 9 Inspections and discipline

OMVIC uses inspectors and investigators. What role does each one play?
- Both are police officers with the same powers
- Inspectors lay charges, investigators evaluate premises and records
- Inspectors act as auditors, investigators as provincial offences officers
- Inspectors cover northern Ontario, investigators cover southern
OMVIC inspectors work as auditors do, going over a dealership's premises, its records and its vehicles, while investigators are provincial offences officers who look into complaints and can lay charges, so only the investigating side carries a power to prosecute. 10.02 covers the two roles.
Question 5 of 9 Inspections and discipline

What usually sets an OMVIC investigation into a dealer going?
- The dealer's own registration renewal filing
- A poor online review of the dealership
- Information from an inspector, a consumer or the police
- A yearly audit of every registered dealership
An investigation usually begins once information about a dealer reaches OMVIC investigators from outside, namely from inspectors, consumer complaints, the police and other dealers, so it is triggered by what is reported rather than by a schedule. 10.05 covers how one starts.
Question 6 of 9 Inspections and discipline

An inspector tells a dealership when to expect an inspection before arriving at the premises.
- True
- False
No notice is given at all. An inspector may arrive at the registered premises unannounced and read the books, the records and the vehicles, and a dealership that turns them away risks charges or its registration. Chapter 10 says so in terms.
Question 7 of 9 Inspections and discipline

Dealers and salespeople must cooperate with an OMVIC investigator, not only with an inspector.
- True
- False
Cooperation is owed to both officers OMVIC sends, so an investigator who asks for help is owed no less than an inspector. 10.02 states the duty for inspectors and investigators together.
Question 8 of 9 Inspections and discipline

Which of a dealer's books and records may an OMVIC inspector examine during an inspection?
- Only the past year's books and records
- All the books and records the dealer must keep
- Only those named in a written request
- Only the ones the dealer chooses to produce
The reach is every record the law makes a dealer keep, and the dealer does not pick which ones: MVDA s. 15(2)(a) entitles an inspector to free access to the documents and records of the business that are relevant to the inspection. 10.04 states the records limb.
Question 9 of 9 Inspections and discipline

What can an OMVIC investigation into a dealership and its staff result in?
- An immediate closure of the dealership's premises
- Charges laid in court, and nothing further
- A fine paid on the spot to the investigator
- Charges, a revoked registration, or discipline from OMVIC
An investigation can end in more than one way, because charges against the dealer or salesperson, revocation of the registration and disciplinary action from OMVIC are each an outcome it can produce. 10.05 lists the three.

Inspections and discipline

During an inspection, an OMVIC inspector may examine the dealership's books and records only, not its vehicles or parts.

How may an OMVIC inspector get at sales information that a dealership keeps only on its computer system?

An OMVIC inspector requires a dealer to produce a record. What must the dealer do?

OMVIC uses inspectors and investigators. What role does each one play?

What usually sets an OMVIC investigation into a dealer going?

An inspector tells a dealership when to expect an inspection before arriving at the premises.

Dealers and salespeople must cooperate with an OMVIC investigator, not only with an inspector.

Which of a dealer's books and records may an OMVIC inspector examine during an inspection?

What can an OMVIC investigation into a dealership and its staff result in?

9 questions here. 17 topics in all.