A publicAtion of the:

A newsletter for Alberta motor industry’s licensed businesses and registered salespeople.V O L U M E 2 , 2 0 1 4

highlights

AMVic is online—what you need to know

Q: How do I access the online portal? You must set-up your automotive business and/or salesperson account by going to AMVIC’s website, amvic.org, or the online portal. You will not be able to renew, access services, or receive licensing notices or information bulletins and newsletters from AMVIC until you do so.

You will need a business or personal email address to utilize this service. If you do not have an email address, you can sign up for a free web-based email account through providers like Yahoo!, Gmail and Outlook.

Q: How do newly employed salespeople register with AMVIC? Anyone interested in becoming a registered salesperson must sign up to AMVIC’s online portal. Once you have access to the portal, you can then apply for a salesperson registration.

After completing the application and providing all the required information, you must receive confirmation of

conditional registration from AMVIC before selling vehicles or negotiating a vehicle sales or leasing contract on behalf of an automotive business.

Your conditional sales registration is only valid for 90 days. You must successfully complete the Fair Trading Act and regulations salesperson course within that 90 day window in order to qualify for registration, otherwise your conditional registration will be suspended. On occasion, the executive director may require a review before granting a conditional registration. A store cannot have an unregistered salesperson selling vehicles or negotiating a vehicle sale or leasing contract.

Q: Has the process for registering for the Fair Trading Act course changed? Yes, course registration is now easier than ever.

Once you have signed up for access to AMVIC’s online portal, and received a

conditional registration, you can pay for and secure a spot in the Fair Trading Act and regulations salesperson course.

You will receive confirmation from AMVIC via email. Course confirmation can also be accessed anytime through AMVIC’s online portal. AMVIC is no longer sending course confirmations or reminders through fax or mail.

AMVIC is no longer processing course registration by phone, in writing or email—you must sign up for the course here or link to the portal through AMVIC’s website amvic.org.

Q: How are payments processed? AMVIC is accepting Visa, MasterCard and American Express payments through its secure online banking system or at AMVIC’s Edmonton office.

If you owe more than $1,000 you can pay in person by credit or debit or you may send a cheque. Credit card numbers will not be retained by AMVIC for privacy and security reasons.

If you are an AMVIC licensed business or

salesperson, you need to head to AMVIC’s

website, amvic.org, right away to create a profile

within our new AMVIC online portal. You can no

longer manage your licence or registration over

the phone, fax, or mail. You may still visit AMVIC’s Edmonton office but you will only be able to access services through the AMVIC online portal available through a computer kiosk in AMVIC’s reception. Please

save yourself time and travel costs by managing your AMVIC licence or registration online.

Once you have access to the online portal you can:

� sign up for or renew your salesperson registration

� apply for or renew a business licence

� register for the salesperson course

� make licence, registration and course payments by credit card (up to $1,000)

� update your business and/or personal information

� report and remit the sales levy by credit card (up to $1000)

AMVIC ONLINE FAQ

Curber caution Curber caught Director’s Order Did you know? New team at AVMIC Advertising TipsJudge upholds AMVIC’s investigative responsiblities Salesperson registration rules

What is a Director’s Order?Director’s Orders are one of many enforcement tools for AMVIC. If a person or business is found to be in contravention of the Fair Trading Act or the regulations, AMVIC’s executive director can impose a Director’s Order to immediately stop engaging in the described action or unfair practice.

A Director’s Order lays out specific requirements including conditions for a person or business to fulfill in order to comply. A public record of Director’s Orders is maintained.

A person may appeal a Director’s Order.

If a person does not comply with the Order, and is guilty of an offence, that person may be prosecuted.

Fair Trading Act section 157

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I M pAc t ! A PublICAtIOn Of thE AlbERtA MOtOR VEhIClE InDustRY COunCIl VOLUME 2, 2014

curber caution: know your licence class

A business can apply for a licence change or for a different class of licence. Also, a business can hold more than one class of licence if it meets the requirements.

D ID YOUKNOW?

Licence Class Allows a business to... Sell to consumers?

Retail � Sell new or used vehicles to the general public. � Display vehicles for sale. � Purchase vehicles from the general public.

Wholesale � Sell, consign and exchange vehicles only with other automotive businesses and

never to consumers. � Purchase vehicles from consumers only to sell to an automotive business. � Sell vehicles at auction, but cannot sell at public auctions.

Lease � Lease vehicles to the public or to a business for a period longer than 120 days.

Consignment � Sell vehicles on behalf of consumers as per a signed consignment agreement. � Sell to consumers *Business must provide a $50,000 security to AMVIC in the

form of cash, irrevocable letter of credit or security bond.

Repair � Repair, service, install parts/equipment to vehicles. � Dismantle and recycle vehicles for parts.

*Service and repair businesses must have a licensed service technician on site. Click for more information.

Agent/Broker � Negotiate the purchase, lease, or sale of a vehicle on behalf of a consumer. � Receive payment only for negotiation services.

curber caughtAn AMVIC investigation that included surveillance revealed a curber. the man was advertising a number of vehicles on Kijiji and selling them from his Edmonton home without an AMVIC business licence and he is not a registered salesperson.

the man was issued a Director’s Order to immediately stop advertising and selling all vehicles until, and only if, all licensing requirements are met.

click to see the Director’s order.

there are a variety of licence classes available through AMVIC from retail to repair to consignment and wholesale. sure, you may be licensed by AMVIC but do you have the correct licence?

the class of licence must match the business activities. for example, a business licensed for repair cannot sell vehicles to consumers

unless it gets a retail sales licence as well. Otherwise it would face penalties for curbing.

More information: � licence classes at amvic.org � Automotive business Regulation,

section 3 (7)

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I M pAc t ! A PublICAtIOn Of thE AlbERtA MOtOR VEhIClE InDustRY COunCIl VOLUME 2, 2014

AdVErtIsIng tIpsfor service & repair

Glimmer Auto Repair wants to attract customers with flashy advertising but it knows it must comply with the province’s advertising rules and regulations. All AMVIC-licensed

automotive businesses and salespeople who advertise in Alberta must be in compliance with the law.

If Glimmer Auto Repair were a real business, their ad would be in accordance with the laws.

Glimmer Auto Repair’s service ad complies with the Fair Trading Act and regulations because…

9 AMVIC logo indicates the business operator holds an automotive business licence. (use of “AMVIC licensee” also acceptable, but logo preferred).

9 Descriptions and promises are only in accordance with actual conditions, situations and circumstances.

9 font size and style are legible and it does not use a font size smaller than eight points.

for more information on advertising regulations go to amvic.org

There’s a new team at AMVIC

Take note, you may hear from AMVIC’s new consumer services team.

It is the first point of contact for anyone who has a question or concern about an automotive business or salesperson in the province.

Consumer services first gathers more information which may include sending an email notice of complaint to the business concerned. this is why it is very important you provide accurate contact information when signing up for access to AMVIC’s new online portal. You can sign up for access to the new portal here, through AMVIC’s website.

In some cases, this is the first time a business learns there is a dispute. AMVIC will often give the business an opportunity to work with their customer

in resolving their concern—it is often resolved to the customer’s satisfaction at this point. While that may be a positive

outcome, the file may be still assigned to investigations.

“A resolution for a consumer does not negate that a breach under the Fair Trading Act or Criminal Code may have occurred and it does not prevent possible charges, penalties, reviews or other methods of gaining compliance such as undertakings,” luAnne sirdiak, AMVIC’s senior manager of investigations said. “however, the director,

Crown or courts can consider how the business handled or resolved the breach.”

If you have a concern, email the team at Complaints@amvic.org, call 1.877.979.8100 or file it through AMVIC’s online portal.

AMVic has the authority to impose an administrative penalty if a person is found to have:

� Contravened a provision of the Fair Trading Act or the regulations.

� failed to comply with a term or a condition of a licence.

Administrative penalties:

� the total amount can include a penalty for each day the contravention occurs or continues.

� the penalty can be issued for up to three years after the contravention or non-compliance took place.

� An unfair practice can occur before, during, or after a consumer transaction.

More information available at amvic.org.

D ID YOUKNOW?

Consumer services officers are often the first to hear from Albertans, industry and other agencies when documenting concerns. AMVIC receives calls from across the province on a range of topics including:

� deposits � advertising � Fair Trading Act violations � curbers � undisclosed vehicle history � industry inquiries � general information

How to register Step 1: Apply for a salesperson registration here by signing up for access to AMVIC new online portal, you can link to it through amvic.org.

� Registration fee is $100—the fee is paid once annually, regardless of the number of businesses the salesperson works for.

� AMVIC verifies all application details. Incomplete or inaccurate information will slow the process.

Step 2: Once you receive your AMVIC registration number you can pay for and sign up for the salesperson Fair Trading Act and regulations training course from the new online portal.

� Course registration fee is $160. � salespeople can register for the course through AMVIC’s new portal � Course is one day followed by an open book exam that afternoon. A grade of more than 80 per cent must be achieved to meet the course requirements.

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I M pAc t ! A PublICAtIOn Of thE AlbERtA MOtOR VEhIClE InDustRY COunCIl VOLUME 2, 2014

E D I T O R : Laura Lowe, e: LLowe@AMVIC.oRg

W R I T E R : Lynette MacLeod

Impact! is the official publication of AMVIC. Comments or mailing address changes should be sent to the publisher. Impact! welcomes articles about the motor vehicle industry and its people. Letters to the editor are welcome.

D E S I G N :Link PR incoRPoRated T: 780.448.2890 E: michele@linkpr.ca

P U B L I S H E D B Y: alberta Motor Vehicle industry council #303, 9945 - 50 Street, edmonton, AB T6A 0L4 T: 780.466.1140 F: 780.462.0633 e: info@amvic.org w: www.amvic.org toll Free numbers: Licensing: 1.877.979.8100 Investigations: 1.877.279.8200

E X E C U T I V E :John Bachinski , exeCuTIVe DIReCToRBruce Boychuk, ChIeF FINANCIAL oFFICeRLuAnne Sirdiak, SeNIoR MANAgeR oF INVeSTIgATIoNSStephanie Page, MANAgeR oF LICeNSINgLaura Lowe, CoMMuNICATIoNS & eDuCATIoN MANAgeRNicole Bacioiu, ACTINg CoMPeNSATIoN FuND CooRDINAToRRhonda Varley, SeCReTARy To The BoARD

C U R R E N T B O A R D O F D I R E C T O R S :Wayne Paulsen, ChAIRPeRSoN oF The BoARD. CANADIAN INDePeNDeNT AuToMoTIVe ASSoC., ALBeRTA ChAPTeR, eDMoNToNDoug Airey, INDuSTRy-AT-LARge, eDMoNToNPat Asplund, INDuSTRy-AT-LARge, PAST-ChAIR, LeThBRIDgeLori Brienza, PuBLIC MeMBeR, CALgARyAndy Hayher, PuBLIC MeMBeR, CALgARyKen Lemke, PuBLIC MeMBeR, SToNy PLAINPeter Lokstadt, INDuSTRy-AT-LARge, eDMoNToNRick Morrish, AuToMoTIVe ReCyCLeRS & DISMANTLeRS, RoCKy MouNTAIN houSeWayne Orsten, AuCTIoNeeRS’ ASSoCIATIoN, AIRDRIeReg Pattemore, MoToR DeALeRS’ ASSoCIATIoN, CALgARyTodd Plotnikoff, ReCReATIoNAL VehICLe DeALeRS ASSoCIATIoN, CALgARyAlan Skoreyko, PuBLIC MeMBeR, eDMoNToNHarman Toor, PuBLIC MeMBeR, CALgARy

Judge upholds aMVic’s investigative

responsibilities in trial

A consumer unsuccessfully sued AMVIC for not exercising its full authority when investigating a

complaint against a business. the civil court claim, filed in 2011, came after the consumer learned that an AMVIC investigator was not laying any charges relating to his complaint about a repair shop. AMVIC’s investigation determined there had not been any breaches of the Traffic Safety Act, Criminal Code or the Fair Trading Act or associated regulations.

the plaintiff alleged in the civil claim that AMVIC allowed a business to engage in extortion—to withhold a vehicle in exchange for more than $33,000. the plaintiff alleges the shop wanted him to pay for services that were allegedly never performed. the plaintiff also alleges the investigator, a peace officer, violated his oath.

AMVIC successfully defended its position in a trial in March. the plaintiff’s claim was dismissed in its entirety and AMVIC was awarded costs.

Who decides if AMVIC lays charges? AMVIC investigators use their own judgement to determine if charges should be filed.

All AMVIC investigators are provincial peace officers who can lay charge under the Fair Trading Act, Traffic Safety Act and the Criminal Code.

the appointments ensure they have the training, skills and authority needed to appropriately handle the complaints and investigations they deal with.

a salesperson to their business. A salesperson cannot be registered unless they are linked to a licensed automotive business, and must be registered separately with all employers.

7. the salesperson registration is automatically cancelled if the salesperson is no longer employed with a licensed automotive business.

8. A copy of the salesperson registration must be presented if requested by a customer or potential customer, inspector, the director, or a peace officer.

9. Wholesale businesses are not authorized for sales to consumers unless they also have a sales licence.

10. Registration is valid for one year and must be renewed annually.

More information on the registration process and training requirements can be found at amvic.org.

1. All employees authorized by a licensed automotive business to solicit, negotiate or conclude an agreement to buy, sell, lease, exchange or consign a vehicle must be registered for sales with AMVIC….

2. …this means new employees must get their conditional registration from AMVIC before they start selling or even soliciting sales.

3. A conditional registration is only valid for 90 days…

4. …salespeople must complete the training course within the 90 days otherwise the conditional registration is invalid.

5. A salesperson can be charged under the Fair Trading Act for acting on behalf of a business without an active registration. A business can also be held responsible.

6. the employer must complete the “salesperson authorization” to link

10 salesperson registration rules