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| This Act is current to October 1, 2024 | |||
| See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force. |
"administrative agreement" means an administrative agreement entered into under Part 2.1;
"administrative penalty" means a penalty imposed under section 26.04 by the registrar;
"advancement fund" means the Motor Dealer Consumer Advancement Fund established under section 24.02;
means the Motor Dealer Council of British Columbia;
"board" means the Motor Dealer Customer Compensation Fund Board continued under section 15;
"broker-agent" means a person who, in the course of business, acts on behalf of another person to facilitate the other person's purchase, exchange or other acquisition of a motor vehicle for purposes that are primarily personal, family or household but does not include a person exempted by regulation or an individual referred to in paragraph (a) of the definition of "broker-agent representative";
"broker-agent representative" means
(a) an individual, other than a broker-agent, who, on behalf of a broker-agent and for or in expectation of a fee, gain or reward,
(i) acts on behalf of a person to facilitate that person's purchase, exchange or other acquisition of a motor vehicle for purposes that are primarily personal, family or household, or
(ii) in any way participates in acting on behalf of a person to facilitate that person's purchase, exchange or other acquisition of a motor vehicle for purposes that are primarily personal, family or household, or
(b) an individual who is a broker-agent and who
(i) acts on behalf of a person to facilitate that person's purchase, exchange or other acquisition of a motor vehicle for purposes that are primarily personal, family or household, or
(ii) in any way participates in acting on behalf of a person to facilitate that person's purchase, exchange or other acquisition of a motor vehicle for purposes that are primarily personal, family or household;
"business premises" does not include premises or part of premises occupied as a residence;
"claim" means an application for compensation from the compensation fund for loss arising from a transaction by a motor dealer involving the disposition of a motor vehicle;
"compensation fund" means the Motor Dealer Customer Compensation Fund continued under section 14;
"compliance order" means an order made under section 26.02 (1) by the registrar;
"consumer" has the same meaning as in the Business Practices and Consumer Protection Act;
"court" means the Supreme Court;
"inventory", with respect to a motor dealer, means
(a) new motor vehicles in the possession of the motor dealer or the manufacturer that the motor dealer has authority to sell,
(b) used motor vehicles that are owned by and in the possession of the motor dealer, and
(c) motor vehicles the motor dealer is authorized to sell under a consignment agreement in accordance with the Motor Dealer Consignment Sales Regulation;
"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 themselves 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";
"motor vehicle" means a self-propelled vehicle designed or used primarily for travel on a highway as defined in the Transportation 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, motor assisted cycle or designated motorized device, 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;
"property freezing order" means an order made under section 27 (1) by the registrar;
"registered" means registered as a motor dealer under this Act;
"registrar" means the Registrar of Motor Dealers appointed under section 2 and includes a person authorized in writing by the registrar to perform any of the registrar's duties;
"sale" means a lease, exchange or other disposition or supply of a motor vehicle to an individual primarily for the individual's personal or family use;
"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;
"supplier" has the same meaning as in the Business Practices and Consumer Protection Act;
"undertaking" means an undertaking accepted under section 26.01 by the registrar;
"wholesaler" means a person who, in the course of business, engages in the sale, exchange or other disposition of a used motor vehicle to a motor dealer or another wholesaler.
(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.
1.1 The minister is responsible for the administration of this Act and the regulations except to the extent that the administration of any provision of this Act or the regulations is delegated under section 24.2 to the authority.
2 (1) A Registrar of Motor Dealers and other employees required to administer this Act may be appointed under the Public Service Act.
(2) Subject to section 1.1, the registrar must
(a) establish a registry system,
(b) under the direction of the minister, exercise the powers and perform the duties conferred or imposed on the registrar under this Act,
(c) publish, on direction of the minister, reports respecting the administration and enforcement of this Act and the regulations, and
(d) maintain public records of terms or conditions imposed on a registered dealer under section 4 (4).
(3) The registrar, on direction of the minister, may conduct research, hold public hearings, make inquiries, conduct tests, publish studies and inform consumers and motor dealers respecting any aspect of the motor vehicle industry.
3 (1) A person must not carry on business as a motor dealer
(ii) has provided the prescribed security satisfactory to the registrar,
(iii) has paid the prescribed annual renewal fee,
(iv) maintains motor vehicle repair facilities or files with the registrar a service contract providing for motor vehicle repair facilities satisfactory to the registrar,
(v) maintains a sign on the business premises identifying the registrant and the premises in the prescribed manner, and
(vi) maintains business premises that are, in the opinion of the registrar, sufficient for the purpose of displaying motor vehicles,
(b) other than in the person's registered name, and
(c) elsewhere than at or from the person's business premises.
(1.1) Subsection (1) (c) does not apply to a person if
(a) the person carries on business as a motor dealer using electronic means, including the internet, and
(b) every motor vehicle, with respect to which the person carries on business using electronic means, including the internet, is in the motor dealer's inventory.
(2) Except as provided in section 13, a person must not advertise or in any way indicate that the person is registered or licensed under this Act.
4 (1) An application for registration must be made to the registrar in the form approved by the registrar and must be accompanied by the prescribed fee.
(2) If an applicant carries on business at more than one location in British Columbia, the applicant must apply for registration for each location.
(3) A registration or renewal of registration expires at midnight on the day before the anniversary of the day in the previous year that it came into effect.
(4) The registrar may register or renew registration on terms, conditions or restrictions that the registrar considers necessary.
(5) Under subsection (4), the registrar may impose a condition requiring an irrevocable letter of credit, in an amount set by the registrar, as evidence of financial responsibility.
(6) The registrar at any time may, on giving written notice to a registered person, add to or alter the terms, conditions or restrictions of a registration.
(7) The registrar may grant or renew a registration to be effective on a date after the date the registrar's decision is made.
5 If the financial responsibility or past conduct of an applicant or person registered, or its officers or directors if the applicant or person registered is a corporation, is, in the opinion of the registrar, such that it would not be in the public interest for the applicant or person to be registered or continue to be registered, the registrar may,
(a) if the application is made under section 4, refuse to register, or refuse to renew registration, or
(b) if a person is registered,
(i) cancel the registration, or
(ii) suspend the registration for a period of time and subject to conditions the registrar considers necessary.
6 If the registrar proposes to
(a) refuse to register or refuse to renew registration,
(b) cancel the registration, or
the registrar must notify the applicant, or the holder of a certificate of registration, that
(d) the applicant or holder has the right to be heard at a date and place specified in the notice, and
(e) if the applicant or holder does not attend at that time and place, the matter may be disposed of in the absence of the applicant or holder.
7 (1) The registrar, in the exercise of the registrar's powers and duties under sections 4 and 5, may make inquiries and require information
(a) the registrar considers appropriate or necessary to decide whether or not to grant, renew, cancel or suspend registration, or
(b) respecting the business or proposed business of the applicant as authorized by the regulations.
(2) It is a condition of registration or renewal of registration that the applicant, or the holder of a certificate of registration or renewal, provide information and documents respecting the business of a motor dealer that the registrar or another person conducting an inquiry under this Act requires.
7.1 The following provisions of the Administrative Tribunals Act apply to the registrar:
(a) section 11 [general power to make rules respecting practice and procedure];
(b) section 14 (a) and (c) [general power to make orders];
(c) section 15 [interim orders];
(d) section 18 [failure of party to comply with tribunal order and rules];
(e) section 28 [facilitated settlement];
(f) section 29 [disclosure protection];
(g) section 31 [summary dismissal];
(i) section 34 (3) and (4) [tribunal power to compel witnesses and order disclosure];
(j) section 35 [recording tribunal proceedings];
(k) section 36 [form of hearing of application];
(l) section 37 [applications involving similar questions];
(m) section 39 [adjournments];
(n) section 41 [hearings open to public];
(o) section 43 [discretion to refer questions of law to court];
(p) section 46 [notice to Attorney General if constitutional question raised in application];
(q) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(r) section 48 [maintenance of order at hearings];
(s) section 49 [contempt proceeding for uncooperative witness or other person];
(t) section 57 [time limit for judicial review];
(u) section 61 [application of Freedom of Information and Protection of Privacy Act].
8.1 (1) In this section, "director" has the same meaning as in the Business Practices and Consumer Protection Act.
(2) For the purposes of this section, the Lieutenant Governor in Council may prescribe provisions of Part 2 except Division 3, and Parts 4 and 5 of the Business Practices and Consumer Protection Act.
(3) A regulation made under subsection (2) may also
(a) identify certain rights and powers, including rights and powers in relation to inspections, inquiries and enforcement, and rights and powers to impose enforcement remedies and penalties, that the registrar or director may exercise under one or more provisions of this Act and Part 10 of the Business Practices and Consumer Protection Act,
(b) prescribe which of the rights and powers under paragraph (a), if any, the registrar or director may exercise in relation to a prescribed provision of Part 2, 4 or 5 of the Business Practices and Consumer Protection Act, and
(c) apply, in whole or in part, one or more provisions of this Act and Part 10 of the Business Practices and Consumer Protection Act to any exercise by the registrar or director of a right or power that the registrar or director would not, without the regulation referred to in paragraph (b) of this subsection, otherwise be entitled to exercise.
(4) If the Lieutenant Governor in Council makes a regulation under subsection (2),
(a) the registrar and director each have and may exercise, in relation to the prescribed provisions of Parts 2, 4 and 5 of the Business Practices and Consumer Protection Act, the rights and powers, if any, prescribed for them under subsection (3) of this section,
(b) contravention of a prescribed provision of Part 2, 4 or 5 of the Business Practices and Consumer Protection Act by a person is grounds for the registrar or director, as the case may be, to determine that it is not in the public interest for the person to be registered or to continue to be registered under this Act and, without limiting paragraph (a) of this subsection, the registrar or director, as the case may be, may exercise the rights and powers of the registrar under Part 1 of this Act that may be exercised in the event of that determination, and
(c) Part 13 of the Business Practices and Consumer Protection Act applies in respect of the contravention of a prescribed provision of Part 2, 4 or 5 of that Act.
(5) Nothing in this section affects the rights and powers that the director may exercise in relation to a provision of Part 2, 4 or 5 of the Business Practices and Consumer Protection Act that is not prescribed under subsection (2) of this section.
9 The fee for registration and for renewal of registration and the security required to be provided must be prescribed by regulation, and the regulations may prescribe
(a) different fees and amounts of security for different classes or sizes of motor dealers' businesses, and
(b) additional fees and amounts of security for each place where the dealer carries on business.
10 A person registered under this Act who ceases to carry on business as a motor dealer must at once surrender the person's certificate of registration to the registrar and request cancellation of the registration.
11 A motor dealer must, subject to the applicable zoning and other bylaws of the municipality or regional district that has jurisdiction, maintain and occupy an established business premises identified by a sign naming the dealer as set out in the dealer's licence, where the motor dealer must keep and maintain records of the business.
12 A motor dealer must, within 14 days after the event, notify the registrar in writing of a change
(a) in the registered name or address,
(b) in the officers or directors in the case of a corporation, or of its members in the case of a partnership, and
(c) in the case of a corporation, in the beneficial ownership of its shares.
13 (1) A motor dealer must, in every written sale or purchase agreement that the motor dealer enters into in respect of a motor vehicle, and in every advertisement or written representation, include
(a) the name of the motor dealer and the word "dealer" followed by the registration number issued to the motor dealer under this Act, and
(b) other prescribed information.
(2) A motor dealer must affix, as prescribed, to a motor vehicle exhibited or offered for sale or exchange, a selling price and other prescribed information.
(4) A motor dealer or a person licensed under this Act may display the name and logo of the authority if
(a) written approval is provided by the registrar to the motor dealer or the licensed person, and
(b) the name and logo are displayed in accordance with any terms and conditions set by the registrar.
13.1 A motor dealer must not employ or engage a salesperson unless the salesperson is licensed under the regulations as a salesperson.
13.2 (1) The registrar may publish information respecting the following actions taken under this Act:
(a) the granting of a registration or licence or renewal of a registration or licence;
(b) the refusal to grant a registration or licence or renew a registration or licence;
(c) the suspension or cancellation of a registration or licence;
(d) the imposition or alteration of conditions on a registration or licence;
(e) the acceptance of an undertaking;
(f) the making of a compliance order;
(g) the making of a property freezing order;
(h) the imposition of an administrative penalty;
(i) the making of a court order;
(j) the commission of an offence.
(2) Without limiting subsection (1), the registrar may publish
(a) the name of the person in respect of whom the action is taken,
(b) the amount of any penalty, and
(c) the reason for the action taken or the nature of the contravention.
14 (1) The Motor Dealer Customer Compensation Fund is continued for the payment of claims against motor dealers in accordance with this Part.
(1.1) The compensation fund consists of the following:
(a) amounts paid to the registrar under subsection (2);
(b) earnings on investments made under subsection (5) or section 14.1 (2) (d);
(c) money repaid to the compensation fund under section 20 (1);
(d) amounts recovered by the trustee of the compensation fund through a cause of action referred to in section 20 (2);
(e) amounts paid to the registrar under section 24 (2).
(2) In amounts, at times and in the manner prescribed by the Lieutenant Governor in Council, a motor dealer carrying on business in British Columbia must make payments to the registrar.
(3) The compensation fund is a trust fund under the Financial Administration Act.
(4) The minister responsible for the Financial Administration Act is the trustee of the compensation fund.
(5) The minister responsible for the Financial Administration Act may invest the compensation fund in investments permitted for a trust fund under section 40 of the Financial Administration Act.
(6) The minister responsible for the Financial Administration Act must pay money out of the compensation fund in accordance with directions from the board given under this Act.
14.1 (1) On the request of the minister responsible for the Motor Dealer Act, the minister responsible for the Financial Administration Act may transfer the compensation fund, including all investments of the compensation fund, to the authority.
(2) If the minister responsible for the Financial Administration Act transfers the compensation fund to the authority under subsection (1), on transfer,
(a) the compensation fund ceases to be a trust fund under the Financial Administration Act,
(b) the authority is the trustee of the compensation fund and the minister responsible for the Financial Administration Act ceases to be the trustee of the compensation fund,
(c) the authority must administer the compensation fund in accordance with the regulations, if any,
(d) the authority may invest the compensation fund only as permitted under the provisions of the Trustee Act respecting the investment of trust property by a trustee,
(e) the authority must pay money out of the compensation fund in accordance with directions from the board given under this Act,
(f) all rights assigned under section 19 to the trustee of the compensation fund are deemed to be assigned to the authority, and
(g) a reference to the government in any commercial paper, contract, lease, licence, permit or other instrument or document that relates to an investment of the compensation fund that is transferred to the authority under subsection (1) is deemed to be a reference to the authority.
(3) Money paid into the compensation fund, or received by the authority for the compensation fund, is not subject to any process of garnishment, attachment, execution or seizure under any legal process by a creditor of the authority.
14.2 (1) On the recommendation of the minister responsible for the Motor Dealer Act, the minister responsible for the Financial Administration Act may revoke the transfer of the compensation fund to the authority.
(2) If the transfer of the compensation fund to the authority under subsection (1) is revoked by the minister responsible for the Financial Administration Act, on revocation,
(a) the compensation fund, including all investments of the compensation fund, is transferred to the government,
(b) the compensation fund is a trust fund under the Financial Administration Act,
(c) the minister responsible for the Financial Administration Act is the trustee of the compensation fund and the authority ceases to be the trustee of the compensation fund,
(d) the minister responsible for the Financial Administration Act may invest the compensation fund in investments permitted for a trust fund under section 40 of the Financial Administration Act,
(e) the minister responsible for the Financial Administration Act must pay money out of the compensation fund in accordance with directions from the board given under this Act,
(f) all rights assigned under section 19 to the trustee of the compensation fund are deemed to be assigned to the government, and
(g) a reference to the authority in any commercial paper, contract, lease, licence, permit or other instrument or document that relates to an investment of the compensation fund that is transferred to the government under paragraph (a) is deemed to be a reference to the government.
15 (1) The Motor Dealer Customer Compensation Fund Board is continued to hear and decide claims against the compensation fund.
(2) The board consists of the number of members appointed by the Lieutenant Governor in Council, one of whom must be designated as chair.
(3) Each member must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in the discharge of board duties and, in addition, may be paid the remuneration set by the Lieutenant Governor in Council.
(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 travelling 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.
(4) A member of the public service may be appointed as a member of the board, but must not receive remuneration for carrying out the duties of a board member.
(5) If a member of the board resigns or the appointment terminates, the member may complete the duties and continue to exercise the powers in relation to a proceeding in which the member participated until the proceeding is completed.
(6) If a member of the board becomes incapacitated during the course of a proceeding and is unable to continue, the remaining members may exercise the powers and duties of the board in relation to that proceeding.
16 (1) The board has exclusive jurisdiction to hear and decide claims against the compensation fund.
(2) A decision, order or ruling of the board made under this Act in respect of a matter that is within the board's jurisdiction is final and conclusive and is not open to question or review in court except on a question of law or excess of jurisdiction.
(2.1) If the board decides to pay money out of the compensation fund to a person who makes a claim under section 17, the board must,
(a) if there is an investigation in respect of the claim, determine the costs of the investigation for the purposes of section 24 (2), and
(i) the amount of money paid out of the compensation fund to the person, and
(ii) the costs determined under paragraph (a), if any.
(3) Despite subsection (2), the board may reconsider, in accordance with sections 18.1 and 18.2, its own decisions, orders or rulings in respect of matters within its jurisdiction.
16.1 The following provisions of the Administrative Tribunals Act apply to the board for the purposes of a hearing under section 15 of this Act:
(a) section 34 (3) and (4) [tribunal power to compel witnesses and order disclosure];
(b) section 48 [maintenance of order at hearings];
(c) section 49 [contempt proceeding for uncooperative witness or other person];
(d) section 56 [immunity protection for tribunal and members];
17 (1) An application for compensation from the compensation fund must comply with the regulations.
(3) The board must not compensate a person who has applied for compensation in respect of a default judgment or judgment by consent against a motor dealer unless the board is satisfied that the claim would otherwise be payable under this Part.
18 The board may
(a) require that the information in an application be verified by a statutory declaration,
(b) receive and examine evidence and information on oath or affirmation, by affidavit or otherwise that in its discretion it considers proper, whether or not the evidence is admissible in court,
(c) examine records and make inquiries that it considers necessary, and
(d) authorize a person to administer oaths and affirmations, exercise the powers of the board under paragraphs (a) to (c) and report the findings to the board.
18.1 (1) In this section and section 18.2, "determination" means a decision, order or ruling in respect of a claim against the compensation fund.
(2) A person may request the board to reconsider a determination
(a) within 30 days of receiving the later of
(ii) any written reasons respecting the determination, or
(b) within a time period specified by the board, if the board is satisfied that
(i) special circumstances existed which precluded the filing of a request for reconsideration within the time period required in paragraph (a), and
(ii) an injustice would otherwise result.
(3) A person must make a request under subsection (2) in writing and must identify the error the person believes was made or the other grounds for which reconsideration is requested.
(4) If the board decides to reconsider a determination,
(a) the board must give notice to any person that the board considers will be affected by the reconsideration of the determination, and
(b) the determination is stayed unless the board orders that the determination is not stayed.
(5) This section and section 18.2 do not apply in relation to a determination made by the board before this subsection comes into force.
18.2 (1) If the board reconsiders a determination, the board
(a) has all the powers and duties the board had with respect to the determination, and
(b) subject to subsection (2), may confirm, vary or cancel the determination.
(2) The board may vary or cancel a determination only if the board is satisfied that new evidence has become available or has been discovered that
(a) is substantial and material to the determination, and
(b) did not exist at the time of the determination or did exist at that time but was not discovered and could not through the exercise of reasonable diligence have been discovered.
(3) The board must give written reasons for the board's decision in respect of the reconsideration to the person who made the request under section 18.1 (2) or a person given notice under section 18.1 (4).
(4) For certainty, a decision made under this section may not be reconsidered.
19 Money must not be paid from the compensation fund to a person who has made an application for compensation from the compensation fund unless the person has assigned to the trustee of the compensation fund all the rights under the claim that gave rise to the application.
20 (1) If money is paid from the compensation fund to a person who has made a claim from the compensation fund and the person receives something of value from some other source in payment of the loss that led to the payment from the compensation fund, the person
(a) must, without delay, give written notice to the registrar, including a description of the thing received from the other source and its value, and
(b) must repay to the compensation fund money equal to the value of the thing received from the other source up to the amount paid from the compensation fund to the person.
(2) If a person fails to repay the compensation fund, the trustee of the compensation fund has a cause of action against the person for the amount unrepaid.
21 The board may direct the trustee of the compensation fund to pay to a person referred to in section 20 (1) all or part of the money repaid by the person to the compensation fund under section 20 (1) or recovered under section 20 (2) in respect of a claim after the trustee deducts
(a) the amount paid out of the compensation fund in respect of the claim,
(b) interest on the amount in paragraph (a) of this section at the prescribed annual rate from the date of payment, and
22 The costs of administering the compensation fund must be paid from the compensation fund, including, without limitation, the following costs:
(a) money paid to board members;
(b) costs incurred in investigating and processing claims against the compensation fund;
(c) legal costs incurred in seeking or recovering money under section 20 (2).
23 The board may prorate payments between persons to whom the board decides to pay money under section 16 (2.1) if the compensation fund is insufficient to pay all claims.
24 (1) After a claim has been paid out of the compensation fund, the registrar must give to the motor dealer who caused the claim notice containing the following information:
(a) a statement confirming that money respecting the claim has been paid out of the compensation fund;
(b) as described in subsection (2),
(i) the amount the motor dealer must pay to the registrar, and
(ii) the date before which the amount referred to in subparagraph (i) must be paid.
(2) Within 30 days after receiving notice under subsection (1) from the registrar, or within a longer time period specified by the registrar, the motor dealer who caused the claim must pay to the registrar
(a) the amount paid out of the compensation fund for the claim, and
(b) the costs of investigating the claim, as determined by the board under section 16 (2.1) (a), if there was an investigation in respect of the claim.
(3) If the payment referred to in subsection (2) (a) and (b) is not received by the registrar within the time period described in that subsection, the registrar may cancel the registration of the motor dealer who caused the claim.
24.01 The registrar must pay all amounts received by the registrar under sections 14 (2) and 24 (2) to the compensation fund through the trustee of the compensation fund.
24.02 (1) The Motor Dealer Consumer Advancement Fund is established for the purposes referred to in section 24.05.
(2) The advancement fund consists of the following:
(a) payments made under section 26.09 to the advancement fund through the trustee of the advancement fund;
(b) any earnings on investments made under subsection (5) of this section;
(c) any additional source of revenue prescribed.
(3) The advancement fund is a trust fund under the Financial Administration Act.
(4) The minister responsible for the Financial Administration Act is the trustee of the advancement fund.
(5) The minister responsible for the Financial Administration Act may invest the advancement fund in investments permitted for a trust fund under section 40 of the Financial Administration Act.
24.03 (1) On the request of the minister responsible for the Motor Dealer Act, the minister responsible for the Financial Administration Act may transfer the advancement fund, including all investments of the advancement fund, to the authority.
(2) If the minister responsible for the Financial Administration Act transfers the advancement fund to the authority under subsection (1), on transfer,
(a) the advancement fund ceases to be a trust fund under the Financial Administration Act,
(b) the authority is the trustee of the advancement fund and the minister responsible for the Financial Administration Act ceases to be the trustee of the advancement fund,
(c) the authority must administer the advancement fund in accordance with the regulations, if any,
(d) the authority may invest the advancement fund only as permitted under the provisions of the Trustee Act respecting the investment of trust property by a trustee, and
(e) a reference to the government in any commercial paper, contract, lease, licence, permit or other instrument or document that relates to an investment of the advancement fund that is transferred to the authority under subsection (1) is deemed to be a reference to the authority.
(3) Money paid into the advancement fund, or received by the authority for the advancement fund, is not subject to any process of garnishment, attachment, execution or seizure under any legal process by a creditor of the authority.
24.04 (1) On the recommendation of the minister responsible for the Motor Dealer Act, the minister responsible for the Financial Administration Act may revoke the transfer of the advancement fund to the authority.
(2) If the transfer of the advancement fund to the authority under subsection (1) is revoked by the minister responsible for the Financial Administration Act, on revocation,
(a) the advancement fund, including all investments of the advancement fund, is transferred to the government,
(b) the advancement fund is a trust fund under the Financial Administration Act,
(c) the minister responsible for the Financial Administration Act is the trustee of the advancement fund and the authority ceases to be the trustee of the advancement fund,
(d) the minister responsible for the Financial Administration Act may invest the advancement fund in investments permitted for a trust fund under section 40 of the Financial Administration Act, and
(e) a reference to the authority in any commercial paper, contract, lease, licence, permit or other instrument or document that relates to an investment of the advancement fund that is transferred to the government under paragraph (a) is deemed to be a reference to the government.
24.05 The trustee of the advancement fund may expend the advancement fund only for the following purposes:
(a) to educate consumers and suppliers about any matters relating to this Act;
(b) to increase compliance with this Act;
(c) to pay the costs associated with imposing or enforcing payment of an administrative penalty;
24.1 (1) The minister may enter into an administrative agreement with the authority to administer provisions of this Act and the regulations.
(2) An administrative agreement must include provisions that specify all of the following:
(a) the expected consumer protection and other public interest outcomes to be achieved by the authority in its administration of this Act and the regulations;
(b) the performance objectives of the authority;
(c) the acceptance by the authority of the responsibility to administer powers delegated to the authority under section 24.2;
(d) the financial arrangements between the authority and the government, including the collection and payment of fees due to the authority or the government and any transitional financial matters;
(e) the right of access of the authority to records created by the government and the right of access of the government to records created by the authority;
(f) the requirements for records management by the authority;
(g) the requirements that the authority report to the government any matters in respect of the operation of powers administered by the authority under this Act;
(h) a requirement that the authority carry adequate insurance;
(i) provisions for indemnification with respect to liability;
(j) the obligations of the parties if the agreement is terminated;
(k) the time period of the agreement or the procedure for the review of the agreement by the authority and the government;
(l) provisions for the settlement of disputes;
(m) a specification of the liability of the authority arising out of the authority carrying out its administration of this Act and the regulations.
(3) In addition, an administrative agreement must include provisions respecting a code of conduct for motor dealers.
24.2 (1) If the minister enters into an administrative agreement with the authority, the Lieutenant Governor in Council may, by regulation, delegate to the authority the administration of any of the provisions of this Act and the regulations, including any power, function or duty of the minister or registrar, except the power to make regulations.
(2) The minister must advise the authority if the minister considers that an amendment to the delegation regulation could substantively affect the administrative agreement.
(3) If the Lieutenant Governor in Council repeals a regulation made under subsection (1), the administrative agreement is terminated.
24.3 The authority is not an agent of the government for the purpose of the administration of any provision of this Act and the regulations that is delegated under section 24.2.
24.4 (1) Despite any power of the Lieutenant Governor in Council or the minister to prescribe fees for matters under the administration of the government, the authority may set fees in accordance with a process established by the authority for any matter required under the authority's administration.
(2) The process established under subsection (1) must be in accordance with criteria that are established by regulation and the administrative agreement.
(3) Despite section 24.3, for the purposes of collecting fees on behalf of the government, the authority is an agent of the government.
24.5 The Lieutenant Governor in Council may direct a person to conduct an audit of the authority with respect to the administration of provisions delegated under section 24.2.
24.6 (1) Despite the Societies Act or any other Act, the Lieutenant Governor in Council, by order, may appoint an administrator to temporarily discharge the powers, duties and functions of the authority if the Lieutenant Governor in Council identifies an immediate and direct threat to the ability of the authority to function that could significantly compromise the protection of consumers or persons registered under this Act.
(2) The Lieutenant Governor in Council may specify one or more of the following in the order made under subsection (1):
(a) the powers, duties and functions of the administrator;
(b) that the members of the authority and any body or committee created by or under the authority cease to hold office;
(c) that during the term of the administrator, the powers of any members of the authority who continue to hold office are suspended unless otherwise provided in the order.
25 (1) If the registrar receives a complaint in respect of a motor dealer, the motor dealer must provide to the registrar the information respecting the matter complained of that the registrar requests in writing.
(2) The request under subsection (1) must indicate the nature of the complaint.
(3) For the purposes of subsection (1), the registrar or a person designated in writing by the registrar may, at any reasonable time during normal business hours, enter the business premises of the motor dealer to make an inspection with respect to the complaint.
25.1 If, at a hearing in respect of a complaint under section 25, the registrar determines that the complaint is frivolous or vexatious, or that the complainant engaged in improper conduct during the course of the complaint, the registrar may make one or more of the following orders, including the time period within which the order must be complied with:
(a) an order requiring the complainant to pay all or part of the costs of the investigation related to the complaint;
(b) an order requiring the complainant to pay all or part of the costs of the hearing related to the complaint;
(c) an order requiring the complainant to pay all or part of the costs, as specified by the registrar, of a party to the hearing related to the complaint.
26 A motor dealer must, at a reasonable time during normal business hours, on request of the registrar or a person authorized in writing by the registrar, permit the registrar or authorized person to
(a) enter the motor dealer's place of business,
(b) inspect the records of the business,
(c) enter premises in which any motor vehicle owned, possessed or controlled by the motor dealer for the motor dealer's business is kept or stored, and
26.01 (1) If the registrar has reason to believe that a person is contravening, is about to contravene or has contravened this Act or the regulations, the registrar may accept from the person a written undertaking that is in a form and that contains the terms and conditions the registrar determines are appropriate in the circumstances.
(2) Without limiting subsection (1), an undertaking may include one or more of the following terms and conditions:
(a) an undertaking to comply with this Act and the regulations;
(b) an undertaking to refrain from engaging in an act or practice;
(c) an undertaking to compensate consumers or a class of consumers, including reimbursing any money or returning any other property or thing received from consumers in respect of a consumer transaction;
(d) an undertaking to provide a bond in accordance with the Bonding Act or other security and the circumstances under which the security may be realized;
(e) an undertaking to reimburse to the registrar all or part of the costs, including legal costs, of
(i) any inspection or investigation of the person, or
(ii) the appointment of a receiver, receiver manager or trustee
in respect of the contravention the registrar believes the person is doing, is about to do or has done;
(f) an undertaking with respect to the form, content and maintenance of trust accounts, records, contracts, advertisements or other documents;
(g) if 2 or more persons give the undertaking, all the persons named in the undertaking are jointly and severally responsible for complying with the undertaking and are jointly and severally liable for the payment of any amounts under the undertaking.
(3) The registrar may terminate an inspection or investigation of, or a proceeding against, a person on the acceptance of an undertaking from the person.
26.02 (1) After giving a person an opportunity to be heard, the registrar may order the person to comply with this Act and the regulations if satisfied that the person is contravening, is about to contravene or has contravened this Act or the regulations.
(a) name the person in respect of whom the order is made,
(b) describe the person's act or practice that is contravening, is about to contravene or has contravened this Act or the regulations,
(c) identify the section of this Act or the regulations that is being contravened, is about to be contravened or has been contravened,
(d) be dated and signed by the registrar, and
(e) inform the recipient that the registrar may file the compliance order with the Supreme Court and that a filed order is deemed to be an order of the Supreme Court.
(3) In a compliance order, the registrar may order a person to stop engaging in or not engage in a specified act or practice.
(4) The registrar may include one or more of the following orders in a compliance order:
(a) that a person reimburse any money or return any other property or thing received to a consumer or class of consumers;
(b) that a person compensate other persons or a class of persons who have suffered loss or damage as a result of a contravention of this Act or the regulations;
(c) that a person take specified action to remedy an act or practice by which the person is contravening, is about to contravene or has contravened this Act or the regulations;
(d) that a person reimburse to the registrar all or part of the actual costs, including actual legal costs, incurred by the registrar for
(i) any inspection or investigation of the person, or
(ii) the appointment of a receiver, receiver manager or trustee
in respect of the contravention referred to in the compliance order.
(5) The registrar must serve a copy of the compliance order on the person named in the order.
(6) If a compliance order is made against 2 or more persons, all the persons against whom the order is made are jointly and severally responsible for complying with the order and are jointly and severally liable for the payment of any amounts the persons are required to pay under the order.
26.03 (1) The registrar may file with the Supreme Court
(a) an order made under section 25.1,
(2) An order, undertaking or compliance order filed under subsection (1) is deemed for all purposes, except appeal from the undertaking or order filed, to be an order of the Supreme Court and enforceable as an order of the court.
26.04 (1) After giving the person an opportunity to be heard, the registrar may impose an administrative penalty on the person if the person contravenes
(a) a prescribed provision of this Act or the regulations,
(b) a condition of a licence authorized under the regulations,
(c) a property freezing order,
(2) Before the registrar imposes an administrative penalty on a person, the registrar must consider the following:
(a) previous enforcement actions for contraventions of a similar nature by the person;
(b) the gravity and magnitude of the contravention;
(c) the extent of the harm to others resulting from the contravention;
(d) whether the contravention was repeated or continuous;
(e) whether the contravention was deliberate;
(f) any economic benefit derived by the person from the contravention;
(g) the person's efforts to correct the contravention.
(3) If the registrar imposes an administrative penalty on a person, a prosecution for an offence under this Act for the same contravention may not be brought against the person.
(4) If a person is convicted of an offence under this Act, an administrative penalty may not be imposed on the person in respect of the same circumstances that gave rise to the conviction.
(5) If a corporation contravenes
(a) a prescribed provision of this Act or the regulations,
(b) a condition of a licence authorized under the regulations,
(c) a property freezing order,
an officer, director or agent of the corporation who authorized, permitted or acquiesced in the contravention is also liable under this section, whether or not an administrative penalty is imposed on the corporation.
26.05 (1) An individual on whom an administrative penalty is imposed respecting the individual's operation of a business that, at the time the administrative penalty was imposed, was owned and operated by the individual is liable to a penalty of not more than $100 000.
(2) A corporation on which an administrative penalty is imposed respecting the operation of a business that, at the time the administrative penalty was imposed, was operated by the corporation is liable to a penalty of not more than $100 000.
(3) An individual on whom an administrative penalty is imposed, and to whom subsection (1) does not apply, is liable to a penalty of not more than $50 000.
26.06 If the registrar imposes an administrative penalty on a person, the registrar must give to the person a notice imposing the administrative penalty that specifies the following:
(a) the contravention for which the administrative penalty is imposed;
(b) the amount of the administrative penalty;
(c) the date by which the administrative penalty must be paid;
(d) the person's right to have the decision reconsidered;
(e) an address to which a request for a reconsideration may be given.
26.07 The person on whom an administrative penalty is imposed must pay to the registrar the administrative penalty
(a) within 30 days after the date on which the notice under section 26.06 is served on the person, or
(b) if the person requests a reconsideration, within 30 days after the date on which the decision of the registrar respecting the reconsideration is served on the person.
26.08 (1) Subject to a reconsideration or the expiry of the period in which to request a reconsideration, an administrative penalty constitutes a debt payable to the registrar by the person on whom the penalty is imposed.
(2) If a person fails to pay an administrative penalty as required under section 26.07, the registrar may file with the Supreme Court or Provincial Court a certified copy of the notice imposing the administrative penalty and, on being filed, the notice has the same force and effect, and all proceedings may be taken on the notice, as if it were a judgment of that court.
26.09 The registrar must pay all amounts received under section 26.07 or 26.08 to the advancement fund through the trustee of the advancement fund.
26.10 The time limit for giving a notice imposing an administrative penalty is 2 years after the date on which the contravention occurred.
26.11 (1) In this section and section 26.12, "determination" means,
(a) with respect to registration,
(i) a decision to refuse to register or refuse to renew registration,
(ii) a decision to cancel or suspend registration, or
(iii) a decision to add to or alter the terms, conditions or restrictions of a registration,
(b) with respect to licences issued under this Act,
(i) a decision to refuse to issue or renew a licence,
(ii) a decision to suspend or revoke a licence, or
(iii) a decision to impose or alter conditions on a licence,
(c) an order made under section 25.1,
(e) a notice imposing an administrative penalty under section 26.06.
(2) A person may request the registrar to reconsider a determination
(a) within 30 days of receiving the later of
(ii) any written reasons respecting the determination, or
(b) within the time period specified by the registrar, if the registrar is satisfied that
(i) special circumstances existed which precluded the filing of a request for reconsideration within the time period required in paragraph (a), and
(ii) an injustice would otherwise result.
(3) The person must make the request in writing and must identify the error the person believes was made or the other grounds for which reconsideration is requested.
(4) If the registrar decides to reconsider a determination,
(a) the registrar must give notice to any person that the registrar considers will be affected by the reconsideration of the determination, and
(b) the determination is stayed unless the registrar orders that the determination is not stayed.
26.12 (1) If the registrar reconsiders a determination, the registrar
(a) has all the powers and duties the registrar had with respect to the determination, and
(b) subject to subsection (2), may confirm, vary or cancel the determination.
(2) The registrar may vary or cancel a determination only if the registrar is satisfied that new evidence has become available or has been discovered that
(a) is substantial and material to the determination, and
(b) did not exist at the time of the review or did exist at the time but was not discovered and could not through the exercise of reasonable diligence have been discovered.
(3) The registrar must give written reasons for the registrar's decision in respect of the reconsideration to the person who made the request under section 26.11 (3) or a person given notice under section 26.11 (4).
(4) For certainty, a decision made under this section may not be reconsidered.
27 (1) If the registrar has begun an investigation of a person under this Act and the registrar believes that it is necessary to protect individuals dealing with that person, the registrar may order
(a) a person having on deposit, or under the person's control, or for safekeeping, assets, trust funds or other property of the person being investigated, or a debtor of the person being investigated to hold the assets, trust funds or other property of, or money owing to, that person, in trust for a receiver, liquidator or trustee to be appointed under this Act or another enactment, or
(b) the person being investigated to refrain from withdrawing assets, trust funds or other property that are on deposit with, under the control of, or in the safekeeping of, another person, unless the registrar consents in writing to the release of all or part of them.
(2) The registrar may revoke in writing an order made under this section.
(3) Instead of making an order under this section, the registrar may accept from the person being investigated
(a) a personal bond, together with collateral security,
(b) a bond of a guarantee company approved by the registrar, or
(c) a bond of a guarantor, other than a guarantee company, together with collateral security,
in a form and with terms the registrar determines under the Bonding Act.
(4) A person who receives an order from the registrar under this section may,
(a) if in doubt as to the application of the order to assets, trust funds or other property on deposit with the person or under the person's control or in the person's safekeeping, or
(b) if a person not named in the order claims a right, title or interest in the assets, trust funds or other property,
pay or deliver those assets, trust funds or other property into a court.
(5) If a person pays assets, trust funds or other property into a court under subsection (4), the person is discharged from liability to the extent of that payment or delivery.
28 (1) If an investigation of a person has begun under this Act, the registrar may apply to the court for the appointment of a receiver, receiver manager or trustee of the property of that person.
(2) On an application under subsection (1), the court may appoint a receiver, receiver manager or trustee of the property of the person if the court is satisfied that the appointment is in the best interests of
(a) the creditors of that person,
(b) persons whose property is in the possession of or under the control of that person, or
(3) A receiver, receiver manager or trustee appointed under this section is the receiver, receiver manager or trustee of all the property belonging to, held by, or on behalf of or in trust for the person named in the investigation order, and the receiver, receiver manager or trustee has authority, if directed by the court, to wind up or manage the business and affairs of the person so named and all necessary or incidental powers.
(4) An application under this section may be made either without notice to any person or on notice but, if the application is made without notice to any person, the receiver, receiver manager or trustee
(a) must be appointed for a period not exceeding 8 days, and
(b) must not be authorized to wind up the business or affairs of the person named in the investigation order
unless the court, after a hearing, otherwise orders.
29 (1) A person employed in the administration of this Act, including a person making an inquiry, inspection, examination, test or investigation under section 26, must maintain secrecy in respect of all matters that come to the person's knowledge in the course of the person's duties, employment, inquiry, inspection, examination, test or investigation, and must not communicate information obtained under this Act to another person not legally entitled to it except
(a) as may be required or permitted in the administration of this Act or the regulations or proceedings under this Act,
(b) to the employee's counsel or to the court in a proceeding under this Act,
(c) to a department or agency of a government engaged in the administration of laws, measures or rulings similar to this Act or Acts for the general protection of consumers,
(d) with the consent of the person to whom the information relates, or
(e) to a law enforcement agency if the employee suspects that a criminal offence has been committed.
(2) Except in respect of a proceeding under this Act, a person to whom subsection (1) applies is not, in a civil proceeding, compelled to give evidence respecting information obtained by the person in the course of the person's duties, employment, inquiry, inspection, examination, test or investigation.
30 A notice or order required or permitted under this Act to be given or served on a person must be given or served in one of the following ways:
(a) by leaving a copy with the person;
(b) if the person is an individual,
(i) by leaving a copy at the individual's residence with an adult who apparently resides with that individual,
(ii) by sending a copy by ordinary mail or registered mail to the address at which the individual resides or to a forwarding address provided by that individual,
(iii) by sending a copy by electronic mail to the electronic mail address provided by the individual,
(iv) by leaving a copy in a mailbox or mail slot for the address at which the individual resides,
(v) by attaching a copy to a door or other conspicuous place at the address at which the individual resides, or
(vi) by sending a copy by ordinary mail or registered mail to the address at which the individual is employed or engaged, if that individual has not provided to the registrar the individual's residential or electronic mail address or has provided an incorrect residential or electronic mail address;
(c) if the person is not an individual referred to in paragraph (b),
(i) by leaving a copy with an agent of that person,
(ii) by sending a copy by ordinary mail or registered mail to the address at which that person carries on business,
(iii) by sending a copy by electronic mail to the electronic mail address provided by that person,
(iv) by leaving a copy in a mailbox or mail slot for the address at which that person carries on business, or
(v) by attaching a copy to a door or other conspicuous place at the address at which that person carries on business;
(d) by transmitting a copy to a facsimile number provided by that person as an address for service;
30.1 A notice or order given or served in accordance with section 30 is deemed to be received as follows:
(a) if given or served by sending a copy by ordinary or registered mail, on the 5th day after the notice or order is mailed;
(b) if given or served by sending a copy by electronic mail, on the 3rd day after the notice or order is sent;
(c) if given or served by leaving a copy in a mailbox or mail slot, on the 3rd day after the notice or order is left;
(d) if given or served by attaching a copy to a door or other conspicuous place, on the 3rd day after the notice or order is attached;
(e) if given or served by transmitting a copy to a facsimile number, on the 3rd day after the notice or order is transmitted;
(f) if given or served by any other method of service prescribed under section 30 (e), as prescribed.
31 If it appears to the registrar that a person is not complying with this Act, the regulations or an order made under this Act, even though a penalty may have been or could be imposed in respect of noncompliance, the registrar, in addition to any other rights the registrar may have, may apply to the court for an order directing that person to comply, and the court may make an order it considers proper.
32 (1) A motor dealer must, if requested by the registrar, file a financial statement signed by the motor dealer in the form and containing the information required by the registrar and certified by a person licensed as an accountant under an Act.
(2) The information contained in a financial statement filed under subsection (1) is confidential and a person must not communicate that information to or allow access to or inspection of that information by another person not legally entitled to it under this Act.
33 (1) A statement with respect to
(a) the registration or nonregistration,
(b) the filing or nonfiling of a document required or permitted to be filed with the registrar,
(c) the date on which the facts on which proceedings are based first came to the knowledge of the registrar, or
(d) any other matter respecting registration, nonregistration, filing or nonfiling,
under this Act, purporting to be certified by the registrar, is, without proof of the office or signature of the registrar, receivable in evidence as proof of the facts stated in it for all purposes in a proceeding or prosecution.
(2) A document under this Act purporting to be signed by the minister, or a copy certified by the minister, is receivable in evidence in a prosecution or other proceeding as proof that the document is signed by the minister, without proof of the office or signature of the minister.
34 (1) Except as permitted by the regulations, a person must not
(a) disconnect or tamper with the odometer of a vehicle operated under section 38 (3) and (4) of the Motor Vehicle Act, or
(b) drive or operate a vehicle operated under section 38 (3) and (4) of that Act unless the odometer of the vehicle is in effective working order.
(2) A person must not alter, disconnect or replace, or cause to be altered, disconnected or replaced, a motor vehicle's odometer with the intent to mislead a prospective purchaser of the motor vehicle as to the distance travelled by the motor vehicle.
(3) A conviction of a motor dealer of an offence under subsection (1) or (2) is deemed to be cause for the suspension or cancellation of registration.
(4) If an offence under subsection (1) is committed by
(a) an employee or agent of the owner or motor dealer, or
(b) any other person entrusted by the owner or motor dealer with the possession of the motor vehicle,
the owner or motor dealer is deemed to be a party to the offence, and is personally liable to the penalties prescribed for the offence as a principal offender, but nothing in this subsection relieves from liability the person who actually committed the offence.
35 (1) Section 5 of the Offence Act does not apply to this Act or the regulations.
(2) A person who contravenes section 3, 11, 12, 13, 13.1, 20 (1), 25, 26, 29 (1), 32 or 34 of this Act or a provision of the regulations commits an offence.
(3) A person commits an offence if the person does any of the following:
(a) supplies false or misleading information to a person acting under this Act;
(b) refuses or fails to provide information as required under this Act.
(4) A person does not commit an offence under subsection (3) (a) if, at the time the information was supplied, the person did not know that it was false or misleading and, with the exercise of reasonable diligence, could not have known that it was false or misleading.
(5) If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorizes, permits or acquiesces in the commission of the offence also commits an offence, whether or not the corporation is prosecuted for the offence.
35.1 (1) An individual who commits an offence under this Act is liable
(a) to a fine of not more than $100 000,
(b) to imprisonment for not more than 6 months, or
(c) to both the fine referred to in paragraph (a) and the imprisonment referred to in paragraph (b).
(2) A corporation that commits an offence under this Act is liable to a fine of not more than $200 000.
36 A prosecution for an offence under this Act must not be commenced more than 2 years after the facts on which the proceeding is based first came to the attention of the registrar.
37 (1) The minister, the registrar, their agents, officers, employees, representatives and persons acting on their behalf are not liable in their personal or official capacities for any loss or damage suffered by a person by reason of anything done or omitted to be done in good faith in the exercise or purported exercise of any powers given by this Act.
(2) Despite another law, subsection (1) does not relieve the government from any liability it may have at law for loss or damage suffered by any person in respect of the acts of the persons referred to in subsection (1).
38 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations
(a) respecting the disclosure of information and handling of money related to consignment sales of motor vehicles by motor dealers,
(b) respecting the disclosure of information related to motor vehicle leasing by motor dealers,
(c) prescribing provisions that motor dealers must include in motor vehicle leasing contracts,
(d) prescribing provisions that are deemed to be included by motor dealers in the leases of motor vehicles,
(e) respecting matters that may be prescribed under sections 14 (2), 21 (b), 24.02 (2) (c), 24.05 (e) and 26.04 (1) (a) and (5) (a),
(f) respecting applications for compensation from the compensation fund, including, without limitation,
(ii) what losses are eligible for compensation,
(iii) the manner of making an application to the registrar,
(iv) the maximum amount of compensation payable to a person or for a loss,
(v) a period in which a person must make a demand on a motor dealer in respect of the person's consumer transaction with the motor dealer, and
(vi) a period in which a person must make an application to the registrar in respect of a claim,
(f.1) respecting the administration of the compensation fund or the advancement fund, including, without limitation, respecting financial controls and audit requirements, which may be different for the compensation fund or the advancement fund,
(g) exempting a person or motor vehicle from this Act or the regulations and making the exemption subject to conditions, and
(h) respecting any other matter for which regulations are contemplated by this Act.
(3) For the purposes of subsection (2), the Lieutenant Governor in Council may
(a) make different regulations for different classes of motor vehicles, persons, motor dealers, purchases, lessees, consignors and transactions,
39 (1) Without limiting section 38, the Lieutenant Governor in Council may make regulations authorizing the authority to license broker-agents, broker-agent representatives, salespersons and wholesalers, including, without limitation,
(a) respecting the issuance, suspension and revocation of licences,
(b) prescribing the fee for licensing and for renewal of licensing and the security required to be provided, including
(i) different fees and amounts of security for different classes of broker-agents, broker-agent representatives, salespersons and wholesalers,
(ii) additional fees and amounts of security for each place where the broker-agent, broker-agent representative, salesperson or wholesaler works, and
(iii) respecting fees and charges payable for licences, licence applications and amendments to a licence,
(c) respecting the conditions that may be imposed on a licence,
(d) respecting the term and expiration of licences,
(e) respecting the display and production of licences, and
(f) respecting the replacement of a licence.
(2) Without limiting section 38 or subsection (1) of this section, the Lieutenant Governor in Council may make regulations respecting a code of conduct for persons licensed under subsection (1) of this section and motor dealers, including, without limitation, regulations
(a) establishing a code of conduct, which may be different for
(i) persons licensed under subsection (1) of this section and motor dealers,
(ii) different classes of persons licensed under subsection (1) of this section, and
(iii) different classes of motor dealers,
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