Received an OMVIC Notice of Proposal? You Have 15 Days to Request a Hearing

If you are a motor vehicle dealer or salesperson in Ontario, a Notice of Proposal from the OMVIC Registrar is one of the most serious letters you can receive. It proposes to refuse, suspend or revoke your registration, or to impose conditions on it. What you do in the next two weeks can decide whether you keep working in the industry.

The 15-day deadline

Under section 9 of the Motor Vehicle Dealers Act, 2002, you are entitled to a hearing before the Licence Appeal Tribunal (LAT) if, within 15 days after the proposal is served on you, you mail or deliver a written request for a hearing to the Registrar and the Tribunal. If you do not request a hearing in time, the Registrar may carry out the proposal.

What to do right away

• Note the date you were served and count 15 days from it.

• Read the reasons in the proposal carefully. They define what the hearing will be about.

• Gather records: transaction files, complaint responses, compliance history and anything showing steps you have taken to fix problems.

• File the written hearing request before the deadline, even if you hope to settle.

What happens after you request a hearing

The LAT usually schedules a case conference first, where the issues are narrowed and settlement is explored. Many matters resolve with terms and conditions on registration rather than revocation. Matters that do not settle go to a hearing, where the Tribunal can direct the Registrar to carry out the proposal, or substitute its own order.

Get help before the deadline passes

Merisca Legal Services is a licensed paralegal firm in Thornhill that represents registrants at the Licence Appeal Tribunal, including OMVIC, RECO, TICO and AGCO matters. Call 647 818 3005 as soon as you receive a Notice of Proposal. This article is general information, not legal advice for your situation.