11. Every licensee must
ensure that the licensee’s advertising
indicates in a conspicuous manner:
(a) the name of the licensee as set out in the
license or the trade name of the licensee as
set out in the license, and
(b) that the licensee holds an automotive
business license under the Act.
12.1. A business operator
who enters into a consignment agreement to sell
an individual’s motor vehicle must, within 14
days of the date that the operator sells the
vehicle:
(a) if the business
operator has knowledge that the vehicle is
subject to a lien:
(i) issue a cheque for the amount owing under
the lien payable to the lienholder and take
reasonable steps to ensure that the lienholder
receives the amount owing, and
(ii) provide to the consignor a cheque payable
to the consignor for the consignor’s share of
the purchase price, being the purchase price
less the amount payable to the lienholder and
the business operator’s disbursements, fees and
commissions, and a statement of account that
meets the requirements of subsection (2), and
(b) in any other case, provide to the
consignor a cheque payable to the consignor for
the consignor’s share of the purchase price,
being the purchase price less the business
operator’s disbursements, fees and commissions,
and a statement of account that meets the
requirements of subsection (2).
12.2. The statement of account must set out:
(a) the amounts required to pay out any
outstanding liens on the motor vehicle,
(b) a description of any vehicle or other
personal property received as consideration for
the sale of the consignor’s vehicle and the
value assigned to the vehicle or other personal
property, and
(c) the amount payable to the consignor.
13. A business operator
who has entered into a consignment agreement to
sell an individual’s motor vehicle and has
received as consideration for the sale of the
consignor’s vehicle another vehicle or other
personal property must, within 14 days of the
date of the sale of the consignor’s vehicle,
(a) give the other vehicle or personal property
to the consignor, or
(b) deal with the property in accordance with
the written instructions of the consignor.
14. A business operator
who enters into a consignment agreement must
comply with the terms that are, under section
33(3), deemed to be contained in the
consignment agreement.
15. The Director may
establish standards of conduct for the
automotive business or one or more of the
classes of the automotive business that are in
addition to those established in this
Regulation.