Regulating Industry

In most cases, yes.

As of April 1, 2018, independent wholesalers, as well as dealerships that sell to a wholesaler or to another dealer, must get a wholesaler licence. There is no additional cost for a wholesaler licence when it is obtained with an active dealer licence. Dealers who wholesale vehicles must identify their wholesaler representative(s).

No.

Dealers must identify their wholesaler representative(s) for evaluation/vetting by the VSA, but there is no licence requirement.

No later than at dealer licence renewal.

The licensing of independent wholesalers has been ongoing and they are listed on the VSA website. The licensing of dealers that sell wholesale is now underway. If your dealership needs to be licensed as a wholesaler, you will be required to obtain a wholesaler licence as a condition of your next licence renewal.

Yes.

If a designated wholesaler representative is a licensed salesperson, they must complete supplemental training on recent wholesaler legislation. If a wholesaler representative is not a licensed salesperson, they must complete the full wholesaler training course.

Yes.

An auction must get a written disclosure statement from the eligible seller about the eligible vehicle and pass it along to the eligible bidder to maintain the exemption from the Motor Dealer Act (MDA). The statement must make the standard declarations required in Section 23 of the MDA Regulation and, if the vehicle is not intended for transportation, include a statement that the vehicle is not suitable for transportation.

Yes and no.

A blanket As-Is statement is not permitted. There is an obligation to make the Motor Dealer Act Regulation disclosures. There is a requirement that the motor vehicle comply with the safety standards of the Motor Vehicle Act at the time of sale. There is also an obligation to advise if the vehicle is being sold for purposes other than transportation. As-Is does not convey any of these. An As-Is statement limited to stating there is no warranty over specific components of the vehicle such as the air conditioning, condition of the interior, etc., is acceptable.

No.

The condition and prior history of a motor vehicle is not protected from disclosure under the Personal Information Protection Act. Associating vehicle information with an individual would be a privacy concern, but personal information can be removed from any documentation.

No.

One purpose of licensing wholesalers, including licensing dealers as wholesalers, is to make accurate information available for all vehicles in the retail supply chain. Misleading a wholesaler about a vehicle that will eventually be sold to a retail buyer does not support consumer protection. If the withholding of required information is reported, the VSA will investigate. If the allegations are proven, the licence of the wholesaler would be reviewed.

Yes.

Licensed wholesalers are defined as an authorized seller in the legislation. The wholesale auction is responsible for ensuring the licensed wholesaler provides the required declarations for the buyer.

Yes.

A public auction must be registered as a motor dealer. If the seller is a wholesaler, the auction is responsible to the consumer for all the duties that go along with being a licensed dealer.

Yes.

If the seller is a wholesaler, the dealer is responsible to the consumer for all the duties that go along with being a licensed dealer.