· DealerPrep

Can a dealer add an admin fee in Ontario?

An admin fee on top of the advertised price is against O. Reg. 333/08 s. 36(7). What belongs inside the price, what may sit outside it, and what OMVIC fines.

No. In Ontario an advertised vehicle price has to be the total price, and an administration fee belongs inside it. Section 36(7) of O. Reg. 333/08 requires an advertised price to be set out as the total of the amount a buyer would be required to pay for the vehicle and all other charges related to the trade, naming freight, charges for inspection before delivery, fees, levies and taxes. OMVIC states the same rule in a buyer’s words on its all-in price page: the advertised price must include all fees and charges the dealer intends to collect, with the exception of HST and licensing. So a dealership that advertises $17,999 and then asks for $17,999 plus a $599 admin fee has advertised a price it is not selling at, and OMVIC’s Discipline Tribunal fines dealerships over exactly this rule several times a year.

What does Ontario’s all-in price rule say?

The rule has two halves and they are both in section 36(7). Clause (a) is the price of the vehicle. Clause (b) is “all other charges related to the trade in the vehicle, including, if any, charges for freight, charges for inspection before delivery of the vehicle, fees, levies and taxes.” The advertised number has to be the two added together, set out in a clear, comprehensible and prominent manner.

Clause (b) says “all other charges”, and the regulation gives no list of permitted ones. Administration, documentation, dealer preparation and file fees are all charges related to the trade, so each of them sits inside the advertised number. The two carve-outs come further down, in subsections 36(9) and 36(10).

An advertisement, for this purpose, is broader than a print ad. OMVIC’s guidance counts anything that persuades or influences someone to buy or lease a vehicle: print, a dealer website, an online marketplace listing, social media, radio, television, and signs on or in the vehicle itself. A price on a windshield sticker is an advertised price.

Which fees have to be inside the advertised price?

OMVIC publishes its own list of charges that must sit inside the number, and it maps onto the categories section 36(7)(b) names:

  • Freight.
  • Pre-delivery inspection or expense, the PDI or PDE line.
  • Administration fees, and the OMVIC transaction fee the dealer remits per vehicle.
  • Government levies: air tax, the Ontario green levy, the federal luxury tax.
  • Safety, unless the advertisement carries an unfit-vehicle or as-is disclosure statement.
  • Pre-installed products and services: nitrogen or tire protection packages, warranties, security or theft deterrents such as etching, and fuel.

Those fees do not disappear. OMVIC requires every fee and charge inside the advertised price to be itemised and listed separately on the Bill of Sale, so a buyer can still see what the money was for. The itemisation requirement is separate from the advertising one.

What can legally be added on top of the advertised price?

A single dealer’s advertisement can carry two exclusions.

Sales tax is the one carve-out written into the regulation. Section 36(10) disapplies clause 36(7)(b) to amounts under the Retail Sales Tax Act and to the federal goods and services tax, but only if the advertisement indicates in a clear, comprehensible and prominent manner that those amounts are not included in the price. Silence does not buy the carve-out.

Licensing is the second, and it comes from OMVIC’s guidance instead of the regulation’s text. Both the all-in price page and the complaints process page say the advertised price must include all fees and charges the dealer intends to collect, with the exception of HST and licensing, and that the advertisement must clearly and prominently indicate both are not included.

There is a third allowance that applies only to a joint advertisement. Where two or more registered dealers place one advertisement together and a charge under clause 36(7)(b) varies between them, section 36(9) lets that amount sit outside the advertised price, provided the advertisement says prominently that a buyer may be asked to pay it and says what the charge is for. Section 36(8) makes a joint advertisement state that the real price may be less than the advertised one. Neither allowance is available to a dealership advertising on its own.

Is a certification, safety or nitrogen fee allowed on top?

Not if the buyer has to pay it. Safety sits on OMVIC’s list of charges that belong inside the advertised number, and so do pre-installed products such as nitrogen, tire protection, etching and fuel.

The exception is a vehicle advertised as unfit. That advertisement leaves out the cost of safety certification and has to state that the vehicle is not driveable and not certified. A dealer offering certification separately must disclose the cost and state “certification is available for $XXX”, and OMVIC is explicit that the charge cannot be mandatory. Every other fee the dealer intends to charge still goes inside the advertised price. A car sold as-is follows the same shape: the advertised price leaves out the safety certificate, carries OMVIC’s as-is wording, and includes everything else. Section 40(6) prescribes a different as-is statement, the one that goes in the contract and is initialled by the purchaser under paragraph 5 of section 40(2). OMVIC’s as-is guideline asks dealers to carry that paragraph into the advertisement as well.

Where a current safety standards certificate has already been issued for a used vehicle, section 40(3) stops the dealer selling it as-is to a buyer who is not a dealer at all.

What has OMVIC actually fined dealers for?

The fines in the cases below run from $2,500 to $13,000, on fees between $12.50 and $1,011.50.

  • Autohouse Kingston was fined $2,500 over a $12.50 fee, after three written reminders about all-in pricing.
  • Stouffville Honda drew $2,500 when a mystery shop found a $588 administration fee and a $22 OMVIC fee stacked on the advertised price.
  • CCC Motors was fined $2,500 after a $1,011.50 fee appeared on a Range Rover.
  • Beattie Chrysler paid $5,000 when admin, Carfax and OMVIC fees pushed two used-vehicle sales past the advertised price.
  • Riverside Chevrolet paid $6,000 over admin and fuel fees on a Buick Encore GX and a Chevrolet Malibu.
  • Cardoor was fined $12,000 for stacking documentation and PDI fees on four advertised prices.
  • Ottawa Chrysler Jeep Dodge paid $13,000 for six advertising breaches, four months after a Registrar warning letter about all-in pricing.

New vehicles are inside the same rule. Niagara Falls Nissan was fined $6,500 after a website showed $47,499 on the listing and $53,225 in the breakdown behind it, and Brant County Ford drew its second all-in pricing discipline in six months over a $22 fee on a $59,598 Mustang. Section 36(7) says nothing that treats a new vehicle differently from a used one. Manufacturers are outside OMVIC’s reach. A national manufacturer advertisement carries no all-in obligation; the dealership’s own advertisement does.

Two more of these cases show the fee arriving in person after the advertisement was clean. In Agincourt Hyundai an advertised Tucson grew by an administration fee and an F&I fee at the desk, and the Tribunal fined the dealership, the salesperson and the general manager. In Stouffville Hyundai a handwritten quote added $262 to the advertised price.

What can a buyer do about a fee added at the desk?

OMVIC’s own advice on the all-in price page is to walk away, shop elsewhere and report the dealer to its Complaints and Inquiries department. Nothing obliges a buyer to sign at a number the advertisement did not carry.

If the deal is already signed, keep a copy of the advertisement beside the Bill of Sale. That pairing is what OMVIC asks for when a buyer says they were charged more than the advertised price. A complaint can produce a review, a written warning, a required course, a referral to the Discipline Tribunal, or charges in the provincial offences court, and the complaints process page says twice that OMVIC cannot order a dealer to cancel a contract or return money. The money routes are separate: the Motor Vehicle Dealers Compensation Fund and the civil courts.

Section 36 runs to fifteen subsections, and only one of them is the all-in rule. The advertising and all-in pricing guide takes the identity, prior-use, availability and warranty rules one at a time.

Last reviewed .