Dealers, Salespersons and Recyclers Regulation

Dealers, Salespersons and Recyclers Regulation, M.R. 40/2006 The Drivers and Vehicles Act , C.C.S.M. c. D104 Regulation 40/2006 Registered February 24, 2006 bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION AND EXEMPTIONS 1 Definitions 2 Exemptions from the definition of "dealer" 3 Exemption of trailers PART 2 DEALERS 4 Definition of "permit holder" 5 Additional qualifications of applicants 6 Permit charges and other charges 7 Form and expiry of permit 8 Amending or replacing a permit 9 Display of permit 10 Use of name and place of business 11 Notice of changes 12 Information about complaints 13 Repealed 14 Return of dealers' permits and number plates 14.1 Repealed 15 Security by applicant for dealer's permit 16 Statement of claim required 17 Security by bond 18 Security by cash deposit 19 Security by deposit of negotiable security 20 Forfeiture of bond 21 Liquidation of negotiable security 22 Immunity 23 Interest to be credited to account 24 Payment of claims 25 Security to be held 26 Notice of claim 27 Suspension or cancellation of permit 28 Peace officer may seize dealer's number plates, etc. 29 Acquisition and sales records of permit holder 30 Sale agreement required 31 Retention of records 32 Transfer of ownership document 33 Inspection certificate on sale of motor vehicle 33.1 Repealed PART 3 SALESPERSONS 34 Additional qualifications of applicants 35 Permit charges and other charges 36 Form and expiry of permit 37 Amending or replacing a permit 38 Notice of changes 39 Use of a salesperson's permit 40 Salesperson to carry and produce permit 40.1 Repealed PART 4 RECYCLERS 41 Additional qualifications of applicants 42 Permit charges and other charges 43 Form and expiry of permit 44 Amending or replacing a permit 45 Display of permit 46 Use of name and place of business 47 Notice of changes 48 Information about complaints 49 Acquisition and sales records of recycler 50 Retention of records 51 Transfer of ownership document PART 5 NOTICES UNDER PART 7 OF THE ACT 52 Notices by registrar 53 Notice by applicant or permit holder to registrar PART 6 GENERAL PROVISIONS 54 Inquiries by registrar 55 Permit conditional upon provision of information PART 7 COMING INTO FORCE 56 Coming into force PART 1 INTERPRETATION AND EXEMPTIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Drivers and Vehicles Act . («  Loi ») "court" means the Court of King's Bench. (« tribunal ») "GVWR" means the gross vehicle weight rating of a vehicle (a) specified by the vehicle manufacturer; or (b) if no rating is specified by the vehicle manufacturer, determined by the registrar; as the maximum loaded weight of the vehicle. (« PNBV ») "irreparable motor vehicle" means an irreparable motor vehicle within the meaning of the Written-off, Irreparable and Salvageable Motor Vehicles Regulation . (« véhicule automobile irréparable ») "permit" , in relation to (a) a dealer, means a dealer's permit issued under Part 2; (b) a salesperson, means a salesperson's permit issued under Part 3; and (c) a recycler, means a recycler's permit issued under Part 4. (« permis ») "statement of claim" means a statement of claim within the meaning of the King's Bench Rules . (« déclaration ») Exemptions from the definition of "dealer" 2(1) In clause (2)⁠(g), "municipality" includes a local government district, an incorporated community under The Northern Affairs Act and the minister responsible for the administration of that Act when exercising and performing the powers, rights and privileges set out in subsection 5(1) of that Act. 2(2) The following are exempted from the definition of "dealer" in the Act: (a) the Government of Manitoba; (b) The Manitoba Public Insurance Corporation; (c) an insurer licensed under The Insurance Act acting in the course of his or her business as insurer; (d) a salesperson who holds a permit as the salesperson of a dealer under Part 3 while he or she is acting as the salesperson of that dealer; (e) a bank, trust company, credit union or other financial institution, or other person, whose dealing in motor vehicles and trailers is incidental to his or her ordinary business of lending money or dealing in financial contracts or instruments; (f) a person who (i) disposes of a motor vehicle or trailer acquired and used for his or her own personal or business purposes and not acquired for resale, and (ii) is not otherwise engaged in the business of buying and selling motor vehicles or trailers; (g) a municipality or school board that disposes of a motor vehicle or trailer acquired and used for its own purposes and not acquired for resale; (h) a recycler who holds a permit under Part 4 and buys motor vehicles (i) for the purpose of dismantling them for parts or destroying them for scrap, and (ii) not for resale, except (A) to another person for the purpose of dismantling them for parts or destroying them for scrap, or (B) in cases of motor vehicles designated and sold as irreparable motor vehicles; (i) a liquidator, receiver, trustee in bankruptcy or other similar person, or a personal representative of a deceased person who sells a motor vehicle or trailer in the course of his or her duties, or a person acting under an order of a court; (j) an auctioneer who has no property interest in a motor vehicle or trailer that he or she auctions; (k) a manufacturer, distributor, exporter or importer of motor vehicles or trailers who does not sell vehicles at retail; (l) a person who has a lien on a motor vehicle or trailer at common-law or by statute and sells it under a right of sale conferred by statute; (m) a person who deals solely in any one or more of the following types of motor vehicles: (i) tractors, (ii) mopeds, (iii) snow vehicles, (iv) mobility vehicles. M.R. 115/2025 Exemption of trailers 3 A trailer that has a GVWR of 910 kg or less is not a trailer for the purpose of the definitions of "dealer" and "salesperson" in the Act. PART 2 DEALERS DEALERS' PERMITS Definition of "permit holder" 4 In this Part, "permit holder" means the holder of a dealer's permit. Additional qualifications of applicants 5 For the purpose of clause 99(1)⁠(d) of the Act, the registrar may refuse to issue a dealer's permit to an applicant for a permit if (a) the applicant fails to provide security in accordance with section 15; (b) the applicant cannot demonstrate to the registrar's satisfaction adequate knowledge of all Acts and regulations of Manitoba applicable to dealers, either by (i) satisfactorily completing a test required by the registrar, or (ii) demonstrating the required knowledge by another method acceptable to the registrar; (c) a location from which the applicant proposes to carry on business would contravene any other Act or regulation or any municipal by-law in relation to the establishment or location of the business; or (d) a final judgment in relation to the applicant's dealing in motor vehicles or trailers is unpaid. Permit charges and other charges 6 The charges for a dealer's permit, for the renewal or replacement of a permit and for a knowledge test required by the registrar are as specified in the regulations under The Highway Traffic Act . Form and expiry of permit 7(1) A permit must be in a form and contain the information approved by the registrar. 7(2) A permit expires on the day set out in the permit. Amending or replacing a permit 8(1) An application to amend a permit must be in the form and contain the information required by the registrar. 8(2) An application to replace a permit must be in the form and contain the information required by the registrar. 8(3) The permit holder must without delay after receiving the amended or replacement permit return to the registrar the original permit in respect of which the application was made. DEALER'S PERMIT HOLDER OBLIGATIONS Display of permit 9 No person shall carry on business as a dealer unless (a) his or her dealer's permit is displayed in his or her primary place of business in a conspicuous place to which the public has access; and (b) if the person carries on business at or from more than one place, a legible photocopy of the permit is displayed in each of the person's other places of business in a conspicuous place to which the public has access. Use of name and place of business 10(1) No person shall carry on business as a dealer in a name other than the name shown in his or her permit. 10(2) A person who carries on business as a dealer must display at his or her place of business a sign, showing the dealer name set out in his or her permit, that is (a) at least 27.9 cm wide by 21.6 cm high; and (b) legible from outside the place of business. 10(3) If a person carries on business as a dealer at or from more than one place, he or she must display a sign that meets the requirements of subsection (2) at each of the places of business. 10(4) Subsections (2) and (3) do not apply to a person who carries on business temporarily at a location other than a location shown in his or her permit (a) for the purpose of a motor show, recreational vehicle show or exhibition; or (b) for a purpose approved in writing by the registrar. 10(5) No person shall carry on business as a dealer at or from a location other than a location shown in his or her permit. 10(6) Subsection (5) does not apply to a person who (a) carries on business temporarily at a location other than a location shown in his or her permit (i) for the purpose of a motor show, recreational vehicle show or exhibition, or (ii) for a purpose approved in writing by the registrar; or (b) has changed his or her business location and has complied with clause 11(a). Notice of changes 11 A permit holder must, within seven days after the event, notify the registrar in the form the registrar requires of (a) a change in the location at or from which the permit holder is carrying on business; (b) a change in the permit holder's address for service of documents; (c) a change in the permit holder's fax number, if the permit holder has provided the registrar with a fax number for the purpose of receiving notices under Part 7 of the Act by fax; (d) a change in the permit holder's electronic mail address, if the permit holder has provided the registrar with an electronic mail address for the purpose of receiving notices under Part 7 of the Act by electronic mail; (e) a change in the officers or directors of a permit holder that is incorporated or the members of a permit holder that is a partnership; (f) a change in the status of a permit holder that is incorporated; and (g) the start or termination of the engagement of a salesperson of the permit holder. Information about complaints 12 When the registrar receives a complaint about a permit holder or an employee or salesperson of the permit holder and gives the permit holder a request in writing, the permit holder must without delay furnish the registrar with the information about the matter that the registrar requires. 13 [Repealed] M.R. 47/2015 Return of dealers' permits and number plates 14 A permit holder whose permit is suspended or cancelled must without delay return his or her permit and any dealers' number plates and registration cards issued to him or her. 14.1 [Repealed] M.R. 168/2006 ; 115/2018 SECURITY BY DEALERS' PERMIT HOLDERS Security by applicant for dealer's permit 15(1) An applicant for a dealer's permit must provide the registrar with (a) a bond of a guarantee insurance or surety company duly registered to conduct business in Manitoba; (b) a deposit of cash; or (c) a deposit of negotiable security acceptable to the Minister of Finance; in the amount of $25,000., payable in the event of loss suffered by any person as a result of dishonest conduct, or a criminal or otherwise unlawful act, on the part of the applicant or an officer, director, employee or salesperson of the applicant, in connection with or arising from the purchase or sale of motor vehicles or trailers after the permit is issued to the applicant. 15(2) A permit holder must maintain the security provided for in subsection (1) for the term of the permit. 15(3) Where the registrar receives notice of a claim against a permit holder, the registrar may increase the amount of security required to be maintained under this section by an amount equal to the total amount of all claims outstanding against the permit holder, and the permit holder must, without delay, provide security of a kind required under subsection (1) in the additional amount. Statement of claim required 16 A person who wishes to make a claim against the security provided by a permit holder under subsection 15(1) must provide the registrar with a true copy of a statement of claim filed against the permit holder in the Court of King's Bench as soon as practically possible after it is filed. Security by bond 17 The bond of a guarantee insurance or surety company provided or maintained under this regulation must (a) be delivered to the registrar (b) be in a form satisfactory to the registrar; and (c) be taken in the name of the Minister of Finance to be held by him or her in trust for, and as representative of, claimants whose right to recover upon the bond may be established from time to time. Security by cash deposit 18(1) Where the security provided or maintained as provided for in section 15 consists of a deposit of cash, the deposit must be made with the Minister of Finance, and it is deemed to have been made when the Minister of Finance issues to the registrar a certificate that the person named in the certificate has deposited with the Minister the amount of cash required under subsection 15(1). 18(2) Any cash deposited with the Minister of Finance as provided for in clause 15(1)⁠(b) must be held by the Minister (a) in a separate interest-bearing trust account in the Consolidated Fund; (b) in trust for, and as representative of, claimants whose right to recover upon the security may be established from time to time; and (c) as security in respect of the matters mentioned in subsection 15(1). Security by deposit of negotiable security 19(1) Where the security provided or maintained as provided for in section 15 consists of a deposit of negotiable security, the deposit must be made with the Minister of Finance, and it is deemed to have been made when the Minister of Finance issues to the registrar a certificate that the person named in the certificate has deposited with the Minister negotiable security of the value required under subsection 15(1). 19(2) Any negotiable security deposited with the Minister of Finance as provided for in clause 15(1)⁠(c) must be held by the Minister (a) in trust for, and as representative of, claimants whose right to recover upon the security may be established from time to time; and (b) as security in respect of the matters mentioned in subsection 15(1). Forfeiture of bond 20(1) Upon receipt by the registrar of a true copy of a statement of claim issued against the holder of a dealer's permit claiming judgment for a loss of the kind mentioned in subsection 15(1), the registrar may, where the holder has provided a bond, order forfeiture of the bond either in whole or in part by giving written notice to that effect to the person liable on the bond. 20(2) Upon receipt of the notice referred to in subsection (1), a surety or guarantor must, without delay, pay the proceeds of the forfeited bond to the Minister of Finance who must deposit the proceeds in a separate interest-bearing trust account in the Consolidated Fund. Liquidation of negotiable security 21(1) Upon receipt by the registrar of a true copy of a statement of claim issued against a permit holder claiming judgment for a loss of the kind mentioned in subsection 15(1), the registrar may, where the permit holder has provided a deposit of negotiable security, request that the Minister of Finance liquidate the negotiable security in whole or in part. 21(2) The Minister of Finance must deposit the proceeds of the liquidated negotiable security in a separate interest-bearing trust account in the Consolidated Fund. Immunity 22 No action may be commenced or maintained (a) by a person claiming to have a pre-liquidation interest in negotiable security deposited with the Minister of Finance under this regulation; or (b) by a permit holder who deposits negotiable security; against the Minister of Finance, the registrar or any other person in relation to the liquidation of the negotiable security. Interest to be credited to account 23(1) Interest earned on an interest-bearing account established under this regulation must be credited to the account. 23(2) The Minister of Finance is to determine the rate of interest and the terms and conditions of its payment, as allowed under section 48 of The Financial Administration Act . Payment of claims 24(1) The following definitions apply in this section. "initial statement of claim" means a statement of claim received by the registrar that results in the start of a waiting period as set out in subsection (4). (« déclaration initiale ») "subsequent statement of claim" , in relation to an initial statement of claim and a waiting period, means a statement of claim against the same dealer received by the registrar during the waiting period relating to the initial statement of claim. (« déclaration ultérieure ») "waiting period" means the two-year period commencing on the day of the registrar's receipt of an initial statement of claim. (« période d'attente ») 24(2) The Minister of Finance must, when so directed under an order of the court, pay all or any part of the money in an interest-bearing account established under section 18, 20 or 21, including any interest earnings, to a person who has suffered a loss of any of the kinds mentioned in subsection 15(1) and has recovered judgment on his or her statement of claim against the permit holder in relation to whom the account was established. 24(3) Despite subsection (2), the Minister of Finance must not pay a claim under subsection (2) until the later of the end of the waiting period applicable to the claim and the additional period provided for in subsection (6). 24(4) When the registrar receives a true copy of a statement of claim against a dealer and there is no waiting period in effect in relation to a previous statement of claim against the dealer, a waiting period of two years commences. 24(5) A waiting period does not commence after the registrar's receipt of a subsequent statement of claim. 24(6) Subject to subsection (8), if the registrar receives subsequent statements of claim during the waiting period after an initial statement of claim, no payment from the interest-bearing account shall be made on account of any of the statements of claim until the court determines their outcomes, and any appeals are determined or rights of appeal expire. 24(7) Where the total dollar amount of judgments granted in respect of an initial statement of claim and any subsequent statements of claim received by the registrar during a waiting period exceeds the total amount of the interest-bearing account, the judgments must be paid on a pro rata basis. 24(8) If at the end of a waiting period there are ongoing court proceedings with respect to one or more of the statements of claim and the court is satisfied that the determination of the proceedings is likely to unfairly delay the payment of judgments already granted against the dealer, the court may order pro rata payment of the judgments after making adequate allowance for the pro rata payment of the statements of claim yet to be determined. Security to be held 25(1) Subject to subsections (2) and (3), the Minister of Finance must hold every unforfeited bond, every cash deposit and all unliquidated negotiable security for two years after the later of (a) the day on which the dealer replaces the bond, cash deposit or negotiable security with other acceptable security under this regulation; (b) the day on which the dealer ceases to carry on business as a dealer; and (c) the expiration date of the permit in connection with which the bond was provided or the cash or negotiable security was deposited. 25(2) Despite subsection (1), if during the two-year period referred to in that subsection the registrar is satisfied that there is no valid claim against a bond, cash deposit or deposit of negotiable security, the registrar may so advise the Minister of Finance and the Minister of Finance may return the bond, cash deposit or negotiable security to the person entitled to its return. 25(3) Subject to subsection (5) and except as ordered under section 24, when the registrar receives a true copy of a statement of claim against a dealer, the Minister of Finance must hold an interest-bearing account established under section 18, 20 or 21 in respect of that dealer until the later of (a) two years after any of the events set out in clauses (1)⁠(a) to (c); (b) the day on which the waiting period in relation to the statement of claim expires; and (c) the day on which all authorized payments from the account have been made in respect of all statements of claim received during the waiting period. 25(4) If after the later of the days mentioned in subsection (3) the interest-bearing account contains a balance greater than $0. and the registrar requests the payment, the Minister of Finance may, as long as there are no outstanding statements of claim against the permit holder of which the registrar is aware, pay the balance in the interest-bearing account, including any interest earnings, (a) where the interest-bearing account contains the proceeds of a forfeited bond or interest earnings on those proceeds, to the person entitled to the proceeds under the terms of the bond; and (b) where the interest-bearing account contains (i) cash deposited under section 18, or (ii) the proceeds of liquidated negotiable security, to the person who deposited the cash or negotiable security. 25(5) Despite subsection (3), when so authorized and directed under an order of the court, consented to by (a) the registrar; (b) the permit holder; (c) any person named as a plaintiff in a statement of claim against the permit holder, a true copy of which has been received by the registrar, whose claim has not been dismissed by the court, duly paid out of the interest-bearing account or otherwise satisfied; (d) the person entitled to the balance in the interest-bearing account as set out in clause (4)⁠(a) or (b); and (e) any other person who to the knowledge of the registrar has a claim against or interest in the balance in the interest-bearing account; the Minister of Finance may before the later of the days mentioned in subsection (4) pay the balance in the interest-bearing account to the person authorized to receive the balance under the court's order. 25(6) An order under subsection (5) may be made on (a) the motion of a person mentioned in clause (5)⁠(b), (c), (d) or (e), by notice of motion in an existing action against the permit holder; or (b) notice of application by any of those persons, where the person is not a party to an existing action against the permit holder. 25(7) The registrar must not be named as a party in a notice of motion or notice of application for an order under subsection (5), but the registrar must provide the moving party or applicant with an affidavit setting out (a) details of the court file number, parties and dates of receipt of all true copies of statements of claim against the permit holder received by the registrar; (b) the name and address, as known to the registrar, of the person who the registrar understands is entitled to the balance in the interest-bearing account; (c) a copy of the forfeited bond or certificate of the Minister of Finance issued under subsection 18(1) or 19(1), as the case may be; (d) the name and address, as known to the registrar, of any person mentioned in clause (5)⁠(e); and (e) any other relevant information known to the registrar that the registrar believes will be of assistance to the court. 25(8) Subject to subsection (9), the costs of a motion or application for an order under subsection (5) must be borne by the moving party or applicant. 25(9) Subsection (8) does not affect a subsisting right of a moving party or applicant to seek indemnification from another person for costs incurred in relation to a motion or application for an order under subsection (5). 25(10) When no longer required to be held under this regulation, (a) a bond may be returned to the person entitled to the return of the bond under its terms; and (b) cash deposited under section 18 or unliquidated negotiable security must be returned to the person who deposited the cash or negotiable security. Notice of claim 26 A guarantee insurance or surety company that receives notice that a claim has been made against a bond furnished by it for the purposes of this regulation must immediately notify the registrar of that fact. Suspension or cancellation of permit 27(1) Where (a) a bond provided by a permit holder under section 15 ceases to be in effect; (b) the balance of an interest-bearing account established under section 18, 20 or 21 falls below the amount required under section 15; or (c) negotiable security on deposit ceases to be of the value required under section 15; the registrar must suspend the permit until the permit holder provides further security that satisfies the requirements of section 15, and the permit holder must, without delay, deliver to the registrar the permit and all dealers' number plates and registration cards issued to the permit holder in relation to the permit. 27(2) If at the expiration of one month from the date of a suspension under subsection (1) the permit holder has not provided further security as required under that subsection, the registrar must cancel the permit and registration cards for all dealer's plates issued to the permit holder. Peace officer may seize dealer's number plates, etc. 28 Where a permit holder fails to deliver to the registrar his or her permit, dealers' number plates and registration cards as required under subsection 27(1), the registrar may cause a peace officer to recover possession of the permit and dealers' number plates and registration cards. DEALER'S PERMIT HOLDER RECORDS Acquisition and sales records of permit holder 29(1) A permit holder must keep a record in acceptable form showing the following particulars: (a) the date of acquisition of a vehicle by the permit holder; (b) the name and address of the person from whom the vehicle is acquired; (c) the year, make, model and vehicle identification number of the vehicle acquired; (d) whether the vehicle was new or used at the time of acquisition; (e) the odometer reading of the motor vehicle at the time of acquisition. 29(2) A permit holder must keep a record in acceptable form showing the following particulars: (a) the date of sale of a vehicle sold by the permit holder; (b) the name and address of the person to whom the vehicle is sold; (c) the year, make, model and vehicle identification number of the vehicle sold; (d) whether the vehicle was new or used at the time of sale; (e) the odometer reading of the motor vehicle at the time of sale. 29(3) For the purpose of subsections (1) and (2), a record is in acceptable form if it is (a) kept in writing; or (b) kept in electronic form readable by commonly available personal computer software and able to be reproduced in printed form. Sale agreement required 30(1) A permit holder must execute and have the purchaser execute a written sale agreement for every motor vehicle that the permit holder sells. 30(2) The sale agreement must (a) contain the information that subsection 29(2) requires in a record about the sale; and (b) set out clearly the words "Dealer's Permit", followed by the number of the permit issued to the permit holder under the Act. 30(3) The permit holder must give the purchaser a fully executed copy of the agreement at the time of the sale. Retention of records 31(1) A permit holder required to keep a record in accordance with section 29 must retain the record for a minimum period of two years from the date the record is made. 31(2) A permit holder must, for a minimum period of two years from the date of the sale of the motor vehicle referred to in the document, keep a copy of the sale agreement and (a) the inspection station copy or seller's copy of an inspection certificate form required under clause 33(2)⁠(b) or 33(3)⁠(b); or (b) the inspection station copy or seller's copy of an inspection certificate form required under clause 33(2)⁠(c) or 33(3)⁠(c). Transfer of ownership document 32(1) A permit holder must provide a transfer of ownership document within the meaning of the Vehicle Registration Regulation to every purchaser to whom the permit holder sells a vehicle. 32(2) When the vehicle that is sold (a) is owned by the permit holder, the transfer of ownership document must show the permit holder as the owner; and (b) is owned by someone other than the permit holder, the transfer of ownership document must state the name of the vehicle's owner. Inspection certificate on sale of motor vehicle 33(1) The following definitions apply in this section. "new motor vehicle" means a motor vehicle that is not a used motor vehicle. (« véhicule automobile neuf ») "used motor vehicle" means a motor vehicle (a) that has been registered under the Act, other than by the use on the vehicle of a dealer's or repairer's number plate or by permit; or (b) that has been registered under the vehicle registration legislation of another jurisdiction, other than by the equivalent in the other jurisdiction of the use of a dealer's or repairer's number plate or of a permit. (« véhicule automobile d'occasion ») 33(2) For the purposes of subsection 107(1) of the Act, if a motor vehicle is required to be inspected under the Periodic Mandatory Vehicle Inspection Regulation in order to be operated on a highway, (a) the inspection and tests required under clauses 107(1)⁠(a) and (b) of the Act are the inspection and tests required under that regulation, and they must not precede the sale of the vehicle by more than (i) six months, if the vehicle is required to be inspected semi-annually under that regulation, and (ii) one year, if the vehicle is required to be inspected annually under that regulation; (b) the inspection certificate that is prescribed for the purposes of clause 107(1)⁠(a) of the Act is the inspection certificate prescribed under that regulation for a motor vehicle that passes the inspection and tests under that regulation; and (c) the information that is prescribed for the purposes of clause 107(1)⁠(b) of the Act is the information that clause 6(b) of that regulation requires to be set out in an inspection certificate form about the failure of the motor vehicle to pass the inspection and tests, and the information must be in the form of the inspection certificate form prescribed under that regulation. 33(3) In the case of a used motor vehicle other than a used motor vehicle to which subsection (2) applies, (a) the inspection and tests required under clauses 107(1)⁠(a) and (b) of the Act are the inspection and tests required under the Inspection of Motor Vehicles for Registration Purposes Regulation , and they must not precede the sale of the vehicle by more than one year; (b) the inspection certificate that is prescribed for the purposes of clause 107(1)⁠(a) of the Act is the inspection certificate prescribed under that regulation for a motor vehicle that passes the inspection and tests under that regulation; and (c) the information that is prescribed for the purposes of clause 107(1)⁠(b) of the Act is the information that clause 7(b) of that regulation requires to be set out in an inspection certificate form about the failure of the motor vehicle to pass the inspection and tests, and the information must be in the form of the inspection certificate form prescribed under that regulation. 33(4) For greater certainty, to meet the requirements of clause (3)⁠(b) the permit holder must provide the purchaser with two of the original copies of the inspection certificate, one of which must be the copy required by the registrar at the time of registration. 33(5) Subsections (2) and (3) do not apply to the sale of (a) a motor vehicle (i) as inventory from one permit holder to another, or (ii) from a permit holder to the holder of a recycler's permit for the purpose of dismantling the motor vehicle for parts or destroying it for scrap; or (b) a motor vehicle that has the status of an irreparable motor vehicle under the Written-off, Irreparable and Salvageable Motor Vehicles Regulation . 33(6) Subsection (3) does not apply to the sale of a new motor vehicle. 33.1 [Repealed] M.R. 168/2006 ; 115/2018 PART 3 SALESPERSONS Additional qualifications of applicants 34 For the purpose of clause 99(1)⁠(d) of the Act, the registrar may refuse to issue a salesperson's permit to an applicant for a permit if (a) the applicant cannot demonstrate to the registrar's satisfaction adequate knowledge of all Acts and regulations of Manitoba applicable to salespersons, either by (i) satisfactorily completing a test required by the registrar, or (ii) demonstrating the required knowledge by another method acceptable to the registrar; or (b) a final judgment in relation to the applicant's buying and selling motor vehicles or trailers is unpaid. Permit charges and other charges 35 The charges for a salesperson's permit, for the renewal or replacement of a permit and for a knowledge test required by the registrar are as specified in the regulations under The Highway Traffic Act . Form and expiry of permit 36(1) A permit must be in a form and contain the information approved by the registrar. 36(2) A permit expires on the day set out in the permit. Amending or replacing a permit 37(1) An application to amend a permit must be in the form and contain the information required by the registrar. 37(2) An application to replace a permit must be in the form and contain the information required by the registrar. 37(3) The permit holder must, without delay, after receiving the amended or replacement permit return to the registrar the original permit in respect of which the application was made. Notice of changes 38 The holder of a salesperson's permit must, within seven days after the event, notify the registrar in the form the registrar requires of (a) a change in his or her name or residential address; (b) a change in the permit holder's fax number, if the permit holder has provided the registrar with a fax number for the purpose of receiving notices under Part 7 of the Act by fax; and (c) a change in the permit holder's electronic mail address, if the permit holder has provided the registrar with an electronic mail address for the purpose of receiving notices under Part 7 of the Act by electronic mail. Use of a salesperson's permit 39(1) No person shall use a salesperson's permit unless it was issued to him or her. 39(2) The holder of a salesperson's permit must not allow another person to use the permit. Salesperson to carry and produce permit 40 A salesperson must carry his or her salesperson's permit at all times when he or she is acting as a salesperson and must produce the permit to a peace officer on demand. 40.1 [Repealed] M.R. 168/2006 ; 115/2018 PART 4 RECYCLERS Recyclers' Permits Additional qualifications of applicants 41 For the purpose of clause 99(1)⁠(d) of the Act, the registrar may refuse to issue a recycler's permit to an applicant for a permit if (a) a location from which the applicant proposes to carry on business would contravene any other Act or regulation or any municipal by-law in relation to the establishment or location of the business; or (b) a final judgment in relation to applicant's recycling of motor vehicles is unpaid. Permit charges and other charges 42 The charges for a recycler's permit, for the renewal or replacement of a permit and for a knowledge test required by the registrar are as specified in the regulations under The Highway Traffic Act . Form and expiry of permit 43(1) A permit must be in a form and contain the information approved by the registrar. 43(2) A permit expires on the day set out in the permit. Amending or replacing a permit 44(1) An application to amend a permit must be in the form and contain the information required by the registrar. 44(2) An application to replace a permit must be in the form and contain the information required by the registrar. 44(3) The permit holder must without delay after receiving the amended or replacement permit return to the registrar the original permit in respect of which the application was made. RECYCLER'S PERMIT HOLDER OBLIGATIONS Display of permit 45 No person shall carry on business as a recycler unless (a) his or her recycler's permit is displayed in his or her primary place of business in a conspicuous place to which the public has access; and (b) if the person carries on business at or from more than one place, a legible photocopy of the recycler's permit is displayed in each of the person's other places of business in a conspicuous place to which the public has access. Use of name and place of business 46(1) No person shall carry on business as a recycler (a) in a name other than the name shown in his or her permit; or (b) at or from any location other than a location shown in his or her permit. 46(2) Clause (1)⁠(b) does not apply to a person who (a) carries on business temporarily at a location other than a location shown in his or her permit for a purpose approved in writing by the registrar; or (b) has changed his or her business location and has complied with clause 47(a). Notice of changes 47 The holder of a recycler's permit must, within seven days after the event, notify the registrar in the form the registrar requires of (a) a change in the place at or from which the permit holder is carrying on business; (b) a change in the permit holder's address for service of documents; (c) a change in the permit holder's fax number, if the permit holder has provided the registrar with a fax number for the purpose of receiving notices under Part 7 of the Act by fax; (d) a change in the permit holder's electronic mail address, if the permit holder has provided the registrar with an electronic mail address for the purpose of receiving notices under Part 7 of the Act by electronic mail; (e) a change in the officers or directors of a permit holder that is incorporated or the members of a permit holder that is a partnership; and (f) a change in the status of a permit holder that is incorporated. Information about complaints 48 When the registrar receives a complaint about the holder of a recycler's permit, or an employee of the permit holder, and gives the permit holder a request in writing, the permit holder must, without delay, furnish the registrar with the information about the matter that the registrar requires. Acquisition and sales records of recycler 49(1) The holder of a recycler's permit must keep a record in acceptable form showing the following particulars: (a) the date of acquisition of a motor vehicle by the permit holder; (b) where the person from whom the motor vehicle is acquired is an individual, the person's name, address and date of birth, verified by the person's driver's licence or another form of personal identification; (c) where the person from whom the motor vehicle is acquired is not an individual, the person's name and address, and, where the person is not The Manitoba Public Insurance Corporation, the name, address and date of birth of the individual who delivered the motor vehicle to the permit holder, verified by the individual's driver's licence or another form of personal identification; (d) a description of the form of personal identification produced by the person to verify the information required under clause (b) or (c), including the issue number, if any; (e) the year, make, model and vehicle identification number of each motor vehicle acquired. 49(2) The holder of a recycler's permit must keep a record in acceptable form showing the following particulars: (a) the date of sale of a motor vehicle by the permit holder; (b) the name, and address of the person to whom the motor vehicle is sold; (c) the year, make, model and vehicle identification number of each motor vehicle sold. 49(3) Clauses (1)⁠(d) and (2)⁠(c) do not apply to a motor vehicle that was already destroyed for scrap when it came into the possession of the recycler. Retention of records 50 A permit holder required to keep a record under section 49 must retain the record for a minimum period of two years from the date the record is made. Transfer of ownership document 51 The holder of a recycler's permit must (a) provide a transfer of ownership document within the meaning of the Vehicle Registration Regulation to every purchaser to whom the permit holder sells a motor vehicle; (b) prior to the sale of every motor vehicle that he or she sells, cause the vehicle to have the status of an irreparable motor vehicle under the Written-off, Irreparable and Salvageable Motor Vehicles Regulation or ensure that it has that status; and (c) ensure that the irreparable motor vehicle status of every motor vehicle he or she sells is indicated in the transfer of ownership document for the vehicle. PART 5 NOTICES UNDER PART 7 OF THE ACT Notices by registrar 52(1) Without limiting the application of subsections 100(3) and (4) of the Act, a notice under Part 7 of the Act is sufficiently given by the registrar to an applicant for a permit or a permit holder if it is (a) sent by fax to the person's fax number set out in the registrar's records, if the person is equipped to receive faxes and has provided his or her fax number to the registrar for the purpose of receiving notices by fax; or (b) sent by electronic mail to the person's electronic mail address, if the person is equipped to receive electronic mail and has provided his or her electronic mail address to the registrar for the purpose of receiving notices by electronic mail. 52(2) A notice sent by the registrar to an applicant for a permit or a permit holder by fax shall include a cover page indicating (a) the sender's name, address and telephone number; (b) the date of the transmission; (c) the total number of pages transmitted, including the cover page; (d) the fax number of the sender; and (e) the name and telephone number of a person to contact in the event of transmission problems. 52(3) Notice to a partner given in the manner set out in subsection 100(3) of the Act or subsection (1) of this section is notice to all the members of a partnership. 52(4) Where a notice under Part 7 of the Act is given in the manner set out (a) in clause 100(3)⁠(a) of the Act, it is deemed for the purposes of section 100 of the Act to have been given on the day it was served; (b) in clause 100(3)⁠(b) of the Act, it is deemed for the purposes of section 100 of the Act to have been given on the day its receipt was acknowledged; or (c) in clause (1)⁠(a) or (b), it is deemed for the purposes of section 100 of the Act to have been given on the first business day after it was sent. Notice by applicant or permit holder to registrar 53(1) A notice under Part 7 of the Act is sufficiently given by an applicant for a permit or a permit holder to the registrar if it is (a) delivered by hand to the office of the registrar; (b) sent by registered mail addressed to the registrar; (c) sent by fax to the fax number of the registrar's office, together with a cover page indicating (i) the sender's name, address and telephone number, (ii) the date of the transmission, (iii) the total number of pages transmitted, including the cover page, (iv) the fax number of the sender, and (v) the name and telephone number of a person to contact in the event of transmission problems; or (d) sent by electronic mail to the registrar's published electronic mail address. 53(2) Where a notice under Part 7 of the Act is given in the manner set out (a) in clause (1)⁠(b), it shall be deemed for the purposes of section 100 of the Act to have been given on the fifth business day after it was mailed; or (b) in clause (1)⁠(c) or (d), it shall be deemed to for the purposes of section 100 of the Act to have been given on the first business day after it was sent. PART 6 GENERAL PROVISIONS Inquiries by registrar 54 The registrar in the exercise of the registrar's powers and duties under sections 5, 8, 34, 37, 41 and 44, may make inquiries and require information (a) he or she considers appropriate or necessary to decide whether or not to grant, renew, cancel or suspend a permit; or (b) respecting the business or proposed business of an applicant for a dealer's or recycler's permit. Permit conditional upon provision of information 55 It is a condition of a permit issued under this regulation or the renewal of a permit that the permit holder provide information and documents respecting the permit holder's business or activities as a dealer, salesperson or recycler required by the registrar or other person acting for the registrar in the exercise of a power or duty under the Act or this regulation. PART 7 COMING INTO FORCE Coming into force 56 This regulation comes into force on the same day that The Drivers and Vehicles Act , S.M. 2005, c. 37, Schedule A, comes into force.