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Volume 62, No. 3

16/2019

The British Columbia Gazette,

Part II

February 12, 2019

B.C. Reg. 16/2019 , deposited February 8, 2019, under the MOTOR DEALER ACT [sections 38 and 39]. Order in Council 25/2019, approved and ordered February 8, 2019.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) section 14.1 (1) of the Motor Dealer Act Regulation, B.C. Reg. 447/78, is amended in paragraph (

d) of the definition of "eligible seller" by striking out "section 14 (4) (a), (b), (

c) or (d)" and substituting "section 14 (4) (a), (b), (c), (d), (

e) or (f)",

(

b) effective April 1, 2019, the Motor Dealer Act Regulation is amended as set out in the attached

Schedule 1,

(

c) effective April 1, 2019, the Broker Licensing Regulation, B.C. Reg. 201/2017, is amended as set out in the attached

Schedule 2,

(

d) effective April 1, 2019, the Salesperson Licensing Regulation, B.C. Reg. 202/2017, is amended as set out in the attached

Schedule 3, and

(

e) effective April 1, 2019, the Wholesaler Licensing Regulation, B.C. Reg. 203/2017, is amended as set out in the attached

Schedule 4.

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

Schedule 1

Section 1 of the Motor Dealer Act Regulation, B.C. Reg. 447/78, is amended by adding the following

definitions:

"code of conduct" means the code of conduct established under

section 33;

"licensed broker-agent" means a broker-agent licensed under the Broker Licensing Regulation;

"licensed broker-agent representative" means a broker-agent representative licensed under the Broker Licensing Regulation;

"licensed salesperson" means a salesperson licensed under the Salesperson Licensing Regulation;

"licensee" means a licensed broker-agent, a licensed broker-agent representative, a licensed salesperson or a licensed wholesaler; .

Section 32 (2) is amended by adding the following paragraphs:

(o)

section 33 (2) [code of conduct] ;

(

p) section 34 [code of conduct to be displayed] .

3 The following Division is added:

Code of Conduct

Code of conduct

(1) In this section:

"age" means an age of 19 years or more;

"agreement" means the following:

(

a) an agreement for the purchase or sale of a motor vehicle;

(

b) a licensed broker-agent service agreement referred to in

section 7 (2) (

c) of the Broker Licensing Regulation;

(

c) a credit agreement as defined in

section 57 of the Business Practices and Consumer Protection Act ;

(

d) an agreement relating to a warranty or service plan in respect of a motor vehicle;

(

e) an agreement with respect to insurance coverage on a motor vehicle;

(

f) an agreement not referred to in any of paragraphs (

a) to (

e) for the supply of goods or services by a supplier to a consumer for purposes that are primarily personal, family or household.

(2) A licensee or registrant, in the course of business,

(

a) must act with honesty and integrity,

(

b) must not discriminate against a person because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person,

(

c) must include in a written agreement any representations made, orally or in writing, by the licensee or registrant in respect of the transaction that is the subject of the agreement,

(

d) must ensure that inquiries from a consumer are responded to promptly and courteously,

(

e) must not make false or misleading representations with respect to any amount charged in respect of a consumer transaction,

(

f) must not adversely affect the reputation of the authority, a licensee, a registrant or the registrar,

(

g) must not intimidate a consumer,

(

h) must safeguard records in respect of a consumer that are in the possession or control of the licensee or registrant, and

(

i) must not aid, abet or cause a person to contravene

(

i) the Act or the regulations under the Act,

(ii) the Business Practices and Consumer Protection Act or the regulations under that Act,

(iii) any other law of British Columbia or of another jurisdiction,

(iv) a condition of registration, or

(

v) a condition of a licence authorized under the regulations.

Code of conduct to be displayed

34 A licensed broker-agent, a licensed wholesaler and a registrant must display, in a conspicuous place at the person's business premises, a copy of the code of conduct in the form provided by the registrar.

Declaration

35 A licensee or registrant must, not later than 30 days after the date this

section comes into force, provide the authority with a declaration, in the form provided by the registrar, that the person has read and understood the code of conduct.

Schedule 2

Section 1 of the Broker Licensing Regulation, B.C. Reg. 201/2017, is amended by adding the following definition:

"code of conduct" means the code of conduct established under

section 33 of the Motor Dealer Act Regulation; .

2 Sections 4 and 13 are amended

(

a) by adding the following subsection:

(4.1) An application under subsection (1) must include a declaration, in the form provided by the registrar, that the applicant has read and understood the code of conduct. , and

(

b) in subsection (5) by striking out " (2) and (3) " and substituting " (2), (3) and (4.1) ".

Section 7 (1) is amended

(

a) in paragraph (

c) by striking out " associates, must " and substituting " associates must ", and

(

b) by adding the following paragraph:

(i.1) the licensee must, on request, provide the authority with a declaration, in the form provided by the registrar, that the licensee has read and understood the code of conduct; .

Section 16 (1) is amended by adding the following paragraph:

(h.1) the licensee must, on request, provide the authority with a declaration, in the form provided by the registrar, that the licensee has read and understood the code of conduct; .

Schedule 3

Section 1 of the Salesperson Licensing Regulation, B.C. Reg. 202/2017, is amended by adding the following definition:

"code of conduct" means the code of conduct established under

section 33 of the Motor Dealer Act Regulation; .

Section 3 is amended by adding the following subsection:

(5) An application under subsection (1) must include a declaration, in the form provided by the registrar, that the applicant has read and understood the code of conduct.

Section 6 (1) is amended by adding the following paragraph:

(h.1) the licensee must, on request, provide the authority with a declaration, in the form provided by the registrar, that the licensee has read and understood the code of conduct; .

Schedule 4

Section 1 of the Wholesaler Licensing Regulation, B.C. Reg. 203/2017, is amended by adding the following definition:

"code of conduct" means the code of conduct established under

section 33 of the Motor Dealer Act Regulation; .

Section 4 is amended by adding the following subsection:

(5) An application under subsection (1) must include a declaration, in the form provided by the registrar, that the applicant has read and understood the code of conduct.

Section 6 (1) (

b) is amended by striking out " applicant, and " and substituting " applicant and ".

Section 7 (1) is amended

(

a) in paragraph (

d) by striking out " representatives, must " and substituting " representatives must ",

(

b) in paragraph (

h) by striking out " associates, must " and substituting " associates must ", and

(

c) by adding the following paragraph:

(m.1) the licensee must, on request, provide the authority with a declaration, in the form provided by the registrar, that the licensee has read and understood the code of conduct; .

Section 11 (2) (

b) is amended by striking out " licensee, and " and substituting " licensee and ".

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