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2004 Legislative Session: 5th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE JOHN LES

MINISTER OF SMALL BUSINESS AND

ECONOMIC DEVELOPMENT

BILL 24 – 2004

MOTOR DEALER AMENDMENT ACT, 2004

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Section 1 of the Motor Dealer Act , R.S.B.C. 1996, c. 316, is amended

(

a) by renumbering the

section as

section 1 (1),

(

b) in subsection (1) by repealing the definition of " manufactured

home " ,

(

c) in subsection (1) by repealing the definition of " motor

dealer " and substituting the following:

"motor dealer" means a person who, in the course of business,

(

a) engages in the sale, exchange or other disposition of a motor vehicle, whether for that person's own account or for the account of another person, to another person for purposes that are primarily personal, family or household,

(

b) holds himself, herself or itself out as engaging in the disposition of motor vehicles under paragraph (a), or

(

c) solicits, offers, advertises or promotes with respect to the disposition of motor vehicles under paragraph (a),

but does not include a person exempted by regulation or

an individual referred to in paragraph (

a) of the definition of "salesperson";

(

d) in subsection (1) by repealing the definition of " motor

vehicle " and substituting the following:

"motor vehicle" means a self propelled vehicle designed or used primarily for travel on a highway as defined in the Highway Act , and includes a trailer, as defined in the Motor Vehicle Act , designed or used primarily for accommodation during travel or recreation, but does not include

(

a) an all terrain vehicle, as defined in

section 1 of the Motor Vehicle Act Regulations,

(

b) a farm tractor or motor assisted cycle, as those terms are defined in the Motor Vehicle Act ,

(

c) machinery primarily intended for construction, mining or logging purposes, or

(

d) a vehicle exempted by the regulations; ,

(

e) in subsection (1) by repealing the definition of " salesperson "

and substituting the following:

"salesperson" means

(

a) an individual, other than a motor dealer, who, on behalf of a motor dealer and for or in the expectation of a fee, gain or reward,

(

i) solicits, negotiates or arranges for the sale of a motor vehicle to a person, or

(ii) in any way participates in the soliciting, negotiating or arranging for the sale of a motor vehicle to a person, or

(

b) an individual who is a motor dealer and who

(

i) solicits, negotiates or arranges for the sale of a motor vehicle to a person, or

(ii) in any way participates in the soliciting, negotiating

or arranging for the sale of a motor vehicle to a person. , and

(

f) by adding the following subsection:

(2) Without limiting the definition of "motor dealer", a person who carries on the activities described in paragraphs (

a) to (

c) of that definition in respect of 5 or more motor vehicles within a 12 month period is, subject to an exemption by regulation, deemed to be a motor dealer.

Section 13 (3) is repealed.

Section 15 is amended by adding the following subsection:

(3.1) If under an administrative agreement the authority is to administer the provisions of this Part,

(a) subsections (2) and (3) do not apply,

(

b) the board consists of the number of members appointed by the authority, one of whom must be designated as chair, and

(

c) each member must be reimbursed for reasonable traveling and out of pocket expenses necessarily incurred in the discharge of board duties and, in addition, may be paid the remuneration set by the authority.

Section 16 (5) is repealed.

Section 24.2 (1) is amended by adding " , including any power,

function or duty of the minister or registrar, " after " the regulations ".

Commencement

6 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Sections 1 (b), (

d) and (

f) and 2

By regulation of the Lieutenant Governor in Council

Section 5

April 1, 2004, retroactive to the extent necessary to give it effect on and after that date

Explanatory Notes

SECTION 1: [Motor Dealer Act,

section 1]

re-enacts the definition of "motor dealer" to correspond to similar provisions

in the Business Practices and Consumer Protection Act and consequential

to the re-enactment of the definition of "salesperson";

re-enacts the definition of "motor vehicle" to exclude manufactured homes,

all terrain vehicles and motor assisted cycles;

re-enacts the definition of "salesperson" to include an individual who

is a motor dealer.

SECTION 2: [Motor Dealer Act,

section 13] is consequential to

the exclusion of manufactured homes from the definition of "motor vehicle".

SECTION 3: [Motor Dealer Act,

section 15] provides for the Motor

Dealer Council of British Columbia appointing the members of the Motor Dealer

Customer Compensation Fund Board and setting the remuneration for those members.

SECTION 4: [Motor Dealer Act,

section 16] removes the requirement

for the board to file an annual report with the minister.

SECTION 5: [Motor Dealer Act,

section 24.2] clarifies that a

delegation under

section 24.2 of the Act includes the delegation of powers,

functions and duties of the minister or registrar.

Copyright (c) 2004: Queen's Printer, Victoria, British Columbia, Canada