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B.C. Reg. 249/2022
O.C. 641/2022
Deposited November 28, 2022
effective January 1, 2023
This consolidation is current to September 26, 2023.
Link to consolidated regulation (PDF)

Food Delivery Service Fee Act

Food Delivery Service Fee Regulation

Contents
1Definitions
2Reference period
3Base tier fee
4Threshold number of restaurants
5Delayed application of sections 5 (1) and 6 of Act
6Notice of cancellation of agreement
7Retention of records
8Complaints — time limit
9Administrative penalties — contraventions
10Maximum amount of administrative penalty
11Payment of administrative penalty
12Reconsiderations — time limit

Definitions

1   In this regulation, "Act" means the Food Delivery Service Fee Act.

Reference period

2   For the purposes of the definition of "reference period" in section 1 [definitions] of the Act, the specified period is, as applicable,

(a) the period beginning on January 1 and ending on the following June 30, or

(b) the period beginning on July 1 and ending on the following December 31.

Base tier fee

3   For the purposes of the definition of "base tier fee" in section 3 [definitions for Division 1 of Part 3] of the Act, the specified amount, in relation to a customer's order of food or beverages from a restaurant, is 20% of the total amount, not including taxes and gratuities, that the restaurant operator charges the customer for the food or beverages.

Threshold number of restaurants

4   For the purposes of the definition of "threshold number" in section 3 of the Act, the specified number of restaurants is 500.

Delayed application of sections 5 (1) and 6 of Act

5   For the purposes of section 4 (3) [application of Division 1 of Part 3] of the Act, the prescribed period is 14 days.

Notice of cancellation of agreement

6   For the purposes of section 6 (2) (a) (i) [right to cancel agreement] of the Act, the prescribed number of days is 7 days.

Retention of records

7   The following periods are prescribed for the purposes of section 8 (2) [requirement to retain records] of the Act:

(a) in the case of a record referred to in section 8 (1) (a), (b) or (d) of the Act, 3 years after the date the record is created;

(b) in the case of a record referred to in section 8 (1) (c) of the Act, 3 years after the end of the reference period to which the record relates.

Complaints — time limit

8   For the purposes of section 9 (2) (a) [restaurant operators may make complaint to director] of the Act, the prescribed period is 1 year.

Administrative penalties — contraventions

9   For the purposes of section 15 (1) (a) [administrative penalties] of the Act, the following provisions of the Act are prescribed:

(a) section 5 (1) (a) and (3) [fees for services that include core services];

(b) section 6 (2) (b) [right to cancel agreement];

(c) section 7 (1) [no reduction of compensation];

(d) section 8 [requirements to prepare, maintain and retain records];

(e) section 12 (2) [powers to require records and information].

Maximum amount of administrative penalty

10   For the purposes of section 17 (2) [amount of administrative penalty] of the Act, the specified amount is $2 300.

Payment of administrative penalty

11   For the purposes of section 18 (a) [payment of administrative penalty] of the Act, the prescribed period is 30 days.

Reconsiderations — time limit

12   For the purposes of section 22 (2) (a) (ii) [reconsiderations] of the Act, the prescribed period is, as applicable, 30 days after the date that a person receives

(a) a compliance order under section 13 of the Act, or

(b) a notice of administrative penalty under section 16 of the Act.

[Provisions relevant to the enactment of this regulation: Food Delivery Service Fee Act, S.B.C. 2022, c. 30, s. 27.]