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Volume 62, No. 24

271/2019

The British Columbia Gazette,

Part II

December 17, 2019

B.C. Reg. 271/2019 , deposited December 16, 2019, under the MOTOR DEALER ACT [section 38]. Order in Council 703/2019, approved and ordered December 16, 2019.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that the Motor Dealer Act

Regulation, B.C. Reg. 447/78, is amended as set out in the attached Schedule.

— M. FARNWORTH, Minister of Public Safety and Solicitor General ; K. CONROY, Presiding Member of the Executive Council .

Schedule

Section 5 of the Motor Dealer Act Regulation, B.C. Reg. 447/78, is amended

(

a) by striking out " shall " and substituting " must ", and

(

b) by striking out " his " wherever it appears and substituting " the registrant's ".

Section 8 is amended by striking out " his " and substituting " the motor dealer's ".

Section 9 is repealed and the following substituted:

Return and surrender of certificate and demonstrator plates

9 If a motor dealer's certificate of registration is suspended or cancelled, the motor

dealer must

(

a) immediately return the certificate of registration to the registrar, and

(

b) if any demonstration licences have been issued to the motor dealer, surrender

those licences, together with any corresponding number plates, to the Insurance Corporation

of British Columbia.

Section 10 is amended by striking out " and where such a request is made the motor dealer shall " and substituting " and if such a request is made, the motor dealer must ".

5 Sections 11, 20, 22 and 26 are amended by striking out " shall " and substituting " must ".

Section 13 is amended by striking out " he shall so advise the registrar and shall " and substituting " the registrant must advise the registrar and ".

Section 21 is amended

(

a) in subsection (1) by striking out " Where " and substituting " If " and by striking out " respecting the sale by him of a new motor vehicle he shall " and substituting " respecting the motor dealer's sale of a new motor vehicle, the motor dealer must ",

(

b) in subsection (2) by striking out " Where " and substituting " If " and by striking out " respecting the sale by him of a used motor vehicle, he shall " and substituting " respecting the motor dealer's sale of a used motor vehicle, the motor dealer must ", and

(

c) in subsection (3) by striking out " shall " and substituting " must ".

Section 23 is amended

(

a) by striking out " shall " and substituting " must ",

(

b) by striking out " respecting his offering to sell or selling a motor vehicle he discloses, to the

best of his knowledge and belief: " and substituting " respecting the motor dealer's offering to sell or selling a motor vehicle the motor

dealer discloses, to the best of that motor dealer's knowledge and belief, the following: ", and

(

c) by repealing paragraph (

a) and substituting the following:

(

a) whether the motor vehicle has been used

(

i) as a taxi operated under a passenger directed vehicle authorization under the

Passenger Transportation Act ,

(ii) as a police or emergency vehicle, or

(iii) in organized racing; .

Section 24 is repealed and the following substituted:

Advertising company car, executive car or demonstrator

24 In an advertisement, representation or offer for sale, a motor dealer must not refer

to a motor vehicle as being a company car, executive car or demonstrator, or by any

similar description, unless

(

a) the motor dealer or manufacturer has used the motor vehicle in the course of the

motor dealer's or manufacturer's normal business operations, and

(

b) the motor dealer acquired the motor vehicle as a new automobile.

Section 25 is amended

(

a) by striking out " Where " and substituting " If ",

(

b) by striking out " he shall " and substituting " the motor dealer must ", and

(

c) by striking out " his " and substituting " the motor dealer's ".

Section 27 is amended

(

a) by striking out " shall " and substituting " must ", and

(

b) in paragraph (

b) by striking out " where " and substituting " if ".

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