Inspections and discipline
5 questions. Pick an answer and the explanation reveals below it. Your score updates as you go.
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Question 1
Where can an OMVIC inspector enter and inspect during an inspection of a registrant?
Correct answer: A
Section 15(1) of the MVDA lets the registrar (or someone the registrar designates in writing) enter and inspect a registrant's business premises at any reasonable time, but expressly excludes any part of the premises used as a dwelling.
Source: MVDA, s. 15(1)
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Question 2
A dealer who believes an OMVIC inspector is mistaken about a record may refuse to produce it during an inspection.
Correct answer: B
Section 15(5) of the MVDA prohibits any person from obstructing an inspector or withholding, concealing, altering, or destroying anything relevant to the inspection. A dealer's disagreement with the inspector is not a lawful basis to refuse production.
Source: MVDA, s. 15(5)
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Question 3
What is the maximum fine the discipline committee can impose on a registrant for failing to comply with the code of ethics?
Correct answer: B
Section 17(4) of the MVDA caps a discipline committee fine at $25,000 (or such lesser amount as may be prescribed) where the committee finds the registrant has failed to comply with the code of ethics.
Source: MVDA, s. 17(4)
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Question 4
Under the MVDA, who appoints investigators?
Correct answer: B
Section 18(1) of the MVDA gives the director (not the registrar) the power to appoint investigators. This distinguishes investigators from inspectors, who act under the registrar's authority in section 15.
Source: MVDA, s. 18(1)
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Question 5
How long does a party have to commence an appeal of a discipline committee order, and from what trigger date?
Correct answer: B
Section 19(1) of O. Reg. 332/08 requires the party to deliver the notice of appeal and fee to the appeals committee within 30 days after the discipline committee sends notice of the order being appealed.
Source: O. Reg. 332/08, s. 19(1)
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