So I finally emailed
[email protected] at the suggestion of the Ombudsman. This is what I wrote - feel free to borrow it if you like, though I would recommend tweaking it if you do so.
Good afternoon,
I am writing today to both protest the manner in which the EHVIP program was cancelled, as well express confusion at the singling out of a single manufacturer; Tesla.
On July 11th, the PC government released a press release stating that, effective immediately, the EHVIP program was ending. They also outlined particular rules for the dissolution of the program, which were as follows:
Applications will be accepted from dealerships, car owners or prospective car owners only if one of the following conditions has been met:
- Eligible vehicles that have been delivered to consumers, registered, and plated on or before July 11 will receive the incentive.
- Inventory that dealers have on lots or orders made by dealerships with manufacturers on or before July 11, will also be honoured for the incentive provided that the vehicle is delivered to consumers, registered, and plated by September 10.
We were subsequently informed that, since Tesla consumers order their cars directly, they would have to have the vehicles delivered, plated and registered as of July 11th in order to qualify. Such discrimination amongst consumers due to the way in which they ordered their vehicles is highly unfair.
However, beyond this, consumers who ordered from Tesla DID order their cars through a dealership. Specifically, the Order Agreement (Purchase Agreement) electronically signed by consumers state that:
“You agree to purchase the vehicle (the “Vehicle”) described in your Vehicle Configuration from Tesla Motors Canada ULC or its affiliate (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Vehicle is priced and configured based on features and options available at the time of order and you can confirm availability with your Owner Advisor. Options, features or hardware released after you place your order may not be included in or available for your Vehicle.”
‘Tesla Motors Canada ULC’ is a registered dealer in Ontario, as seen on this screen capture from the OMVIC website:
It would then seem that, according to the cancellation rules outlined by the PC government and the MTO, any orders placed with Tesla would qualify (provided the vehicle in delivered, registered and plated by Sept 10th), since the order was placed with the TESLA DEALER (which would then send the order to the manufacturer). However, the government has been steadfast in its refusal to allow Tesla cars (and Tesla consumers) from qualifying.
It is one thing to implement discriminatory and unfair rules, but it is even worse when one implements rules, and then immediately breaks them. I am hoping that the government and the MTO see the inherent unfairness in this approach and include Tesla vehicles in the wind-down offered to everyone else - i.e. the September 10th deadline for receiving, registering and plating the vehicles.
I also kindly request that you respond to me as soon as possible with an explanation for this seeming contradiction.
All the very best,
<name and address>