OMVIC Individual Application - 2021/04/13 - Page 9 of 10 Continued on next page →
The following information is provided as a guideline only. All applicants are encouraged to review the relevant sections of The Motor
Vehicle Dealers Act, 2002 (“the Act”) and its regulations and to consult with a lawyer if they have any questions. After reviewing this
information, please contact OMVIC at registration@omvic.on.ca or by phone at 416-226-4500 (Toronto) or toll-free at 1-800-943-6002 for
questions about completing this form.
SECTION A: GENERAL INFORMATION
Trade – Includes buying, selling, leasing, advertising or exchanging an interest in a motor vehicle or negotiating, inducing or attempting
to induce the buying, selling, leasing or exchanging of an interest in a motor vehicle.
Salesperson – An individual who is employed by a motor vehicle dealer to trade in motor vehicles on the dealer’s behalf. This includes,
but is not limited to, sales positions such as: General Manager, Sales Manager, Business Manager, Marketing Manager, General Sales
Manager, Leasing Manager and Finance Manager.
Employ – Means to employ, appoint, authorize or otherwise arrange to have another person act on the applicant’s behalf, on the
applicant’s behalf, including as an independent contractor.
Person in Charge – Is the person who is at the dealership on a day-to-day basis and has been designated with and accepted primary
responsibility for ensuring compliance with the Act and Regulations and has authority over employees engaged in the trade (as defined
in the MVDA) of motor vehicles (e.g. the General Manager or Dealer Principal).
First, Middle, Last and “Known As” Names – The first, middle and last name on this application form should match the names on the
applicant’s identification. The “known as” name is the name by which they are commonly known (if different from their identification).
Residence – The place where the applicant lives on a day-to-day basis.
Motor Vehicle Dealer – An individual or company that trades in motor vehicles, whether for their own account or the account of any
other individual or business, or who holds themselves out as trading in motor vehicles.
Officer – Includes the chair and any vice-chair of the board of directors, the president and any vice-president, the secretary and assistant
secretary, the treasurer and assistant treasurer and the general manager and the assistant general manager of a corporation or a
partner or general manager and assistant manager of a partnership; any other individual designated as an officer by by-law or
resolution or any other individual who performs functions normally performed by an individual occupying such office.
Shareholder – Includes any person (or group of related persons) who will have beneficial ownership or control of at least 10% of the
equity shares of a corporation. This includes shareholders previously reported to OMVIC who have increased their holdings.
Shareholders are also considered Interested Persons.
Signing Authorities – The regulations to the Act require dealers to report to OMVIC any changes regarding who will have signing
authority on the dealer’s bank account, trust account (if applicable) or who will have authority to sign on behalf of the dealership. The
individuals reported on this application may be required to submit an Individual Application because they are deemed to be “interested
persons” or “associated persons.”
Interested and Associated Persons – Section 6 of the Act empowers the Registrar to refuse, revoke or suspend registration based on the
conduct of “interested persons” and “associated persons” as defined under Section 1(2) and 6(4) of the Act (see below). The applicant
must make reasonable efforts to identify to OMVIC any person who may be an “interested person” or “associated person.” In the course
of processing this application, the applicant may be required to answer questions regarding persons who are deemed to be “interested
persons” or “associated persons.”
From the Motor Vehicle Dealers Act, 2002:
1(2) For the purpose of this Act, one person is associated with another person in any of the following circumstances:
1. One person is a corporation of which the other person is an officer or director.
2. One person is a partnership of which the other person is a partner.
3. Both persons are partners of the same partnership.
4. One person is a corporation that is controlled directly or indirectly by the other person.
5. Both persons are corporations and one corporation is controlled directly or indirectly by the same person who controls directly or
indirectly the other corporation.
6. Both persons are members of the same voting trust relating to shares of a corporation.
7. Both persons are associated within the meaning of paragraphs 1 to 6 with the same person.
6(4) For the purposes of this section, a person shall be deemed to be an interested person in respect of another person if the person is
associated with the other person or if, in the opinion of the Registrar:
(a) The person has or may have a beneficial interest in the other person’s business;
(b) The person exercises or may exercise control either directly or indirectly over the other person, or;
(c) The person has provided or may have provided financing either directly or indirectly to the other person’s business.