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B.C. Reg. 249/2022 O.C. 641/2022 | Deposited November 28, 2022 effective January 1, 2023 |
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.
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.
4 For the purposes of the definition of "threshold number" in section 3 of the Act, the specified number of restaurants is 500.
5 For the purposes of section 4 (3) [application of Division 1 of Part 3] of the Act, the prescribed period is 14 days.
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.
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.
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.
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].
10 For the purposes of section 17 (2) [amount of administrative penalty] of the Act, the specified amount is $2 300.
11 For the purposes of section 18 (a) [payment of administrative penalty] of the Act, the prescribed period is 30 days.
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.]
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