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B.C. Reg. 447/78
O.C. 2465/78
Filed September 18, 1978
This consolidation is current to October 1, 2024.
Link to consolidated regulation (PDF)
Link to Point in Time

Motor Dealer Act

Motor Dealer Act Regulation

[Last amended April 5, 2024 by B.C. Reg. 291/2023 and includes amendments by B.C. Reg. 42/2024]

Contents
Definitions
1Interpretation
Registration
2Repealed
3-4Repealed
4.1Repealed
5Certificate to be displayed
6Exemption from use of registered name
7Review by registrar
8Voluntary cancellation
9Return and surrender of certificate and demonstrator plates
10Staggering of renewals
11Fee prorated and credited
Fees
12Repealed
13Change in category
Exemptions
14Exemptions
14.1Exemptions — wholesale auctions
15Exemption re business premises
Bonding
16-19Repealed
20Records
21Contents of sale or purchase agreement (new vehicles)
22Motor vehicles not suitable for transportation
Disclosures
23Material facts
24Advertising company car, executive car or demonstrator
25Replacement of odometer
26Advertising new motor vehicle
26.1Advertising new motor vehicle
27Advertising used motor vehicles
28Exemption for vehicles in storage area or part of new inventory
29Business Practices and Consumer Protection Act powers
Leases
30Disclosure in relation to leases
31Deemed provisions in a lease
Administrative Penalties
32Administrative penalties
Code of Conduct
33Code of conduct
34Code of conduct to be displayed
35Declaration
Schedule A
Schedule B
Schedule B1

Definitions

Interpretation

1   In this regulation:

"Act" means Motor Dealer Act;

"code of conduct" means the code of conduct established under section 33;

"demonstration licence" means a licence issued under section 38 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318;

"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;

"licensed wholesaler" means a wholesaler licensed under the Wholesaler Licensing Regulation;

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

"moped" has the same meaning as in the Motor Vehicle Act Regulations;

"registrant" means a person who holds a valid and subsisting certificate of registration issued under the Act.

[am. B.C. Regs. 236/81; 232/97, s. 1; 200/2017, Sch. 4, s. 1; 16/2019, Sch. 1, s. 1.]

Registration

Repealed

2   Repealed. [B.C. Reg. 241/2004, Sch. 1.]

Repealed

3-4   Repealed. [B.C. Reg. 143/98, s. (a).]

Repealed

4.1   Repealed. [B.C. Reg. 397/97.]

Certificate to be displayed

5   A registrant must display the registrant's certificate of registration in a conspicuous location at the registrant's usual place of business.

[am. B.C. Reg. 271/2019, s. 1.]

Exemption from use of registered name

6   On application to the registrar a registrant may be exempted from section 3 (1) (b) of the Act for the purpose of selling or offering for sale motor vehicles at a place other than the registrant's usual business premises for the purposes of

(a) a motor show, recreational vehicle show or exhibition, or

(b) an auction sale at which members of the public other than motor dealers may purchase motor vehicles, or

(c) for a purpose acceptable to the registrar.

Review by registrar

7   The registrar may, for the purpose of the Act, review a motor dealer's registration and for the purpose of the review may require any information or material concerning the organization, operating practices and procedures and financial status of the registrant.

Voluntary cancellation

8   A motor dealer may cancel the motor dealer's certificate of registration at any time by filing an application for voluntary cancellation and returning to the registrar the certificate of registration.

[am. B.C. Reg. 271/2019, s. 2.]

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.

[en. B.C. Reg. 271/2019, s. 3.]

Staggering of renewals

10   For the purpose of distributing renewals throughout the year the registrar may request a motor dealer to apply for a renewal of registration before its expiry and if such a request is made, the motor dealer must comply with all the requirements of the Act and the regulation respecting registration.

[am. B.C. Reg. 271/2019, s. 4.]

Fee prorated and credited

11   When registration is renewed pursuant to section 10 there must be credited to the fee payable for the registration an amount equal to the unexpired balance of the previous registration fee with no reduction.

[am. B.C. Reg. 271/2019, s. 5.]

Fees

Repealed

12   Repealed. [B.C. Reg. 241/2004, Sch. 1.]

Change in category

13   Within 14 days after a registrant whose business is limited to selling motorcycles or mopeds commences dealing in other motor vehicles, the registrant must advise the registrar and remit the appropriate fee prorated to the nearest full month and reduced by the unexpired portion already paid.

[am. B.C. Regs. 200/2017, Sch. 1, s. 1; 271/2019, s. 6.]

Exemptions

Exemptions

14   (1) In this section, "gross vehicle weight rating" has the same meaning as in section 1 of the Motor Vehicle Act.

(2) The following persons are exempt from the Act:

(a) the Insurance Corporation of British Columbia;

(b) an insurer licensed under the Insurance Act.

(3) The following vehicles are exempt from the definition of "motor vehicle" in section 1 (1) of the Act:

(a) a boat trailer;

(b) a utility trailer with a gross vehicle weight rating of 1 400 kg or less;

(c) a golf cart.

(4) A person is exempt, in respect of a motor vehicle, from the definition of "motor dealer" in section 1 (1) of the Act if any of the following conditions is met:

(a) the person may dispose of the motor vehicle under section 12 of the Repairers Lien Act or section 4 (1) of the Warehouse Lien Act;

(b) the person deals with the motor vehicle in the course of the person's duties as a liquidator, receiver, trustee in bankruptcy, person acting under an order of a court or an executor or trustee under a will;

(c) the person deals with the motor vehicle in the course of the person's duties as

(i) a sheriff or court bailiff under the Sheriff Act, or

(ii) a bailiff licensed under the Business Practices and Consumer Protection Act;

(d) the person

(i) deals with the motor vehicle incidentally to the person's business of buying, selling, dealing in or lending money on the security of conditional sale contracts, chattel mortgages, bills of lading, warehouse receipts, bills of exchange, choses in action or other commercial paper, including, without limitation, as a chartered bank, trust company, sales finance company, consumer loan company or credit union, and

(ii) does not advertise or promote with respect to the person's disposition of motor vehicles described in subparagraph (i);

(e) the person rents the motor vehicle to another person on terms that do not provide for the other person to acquire the motor vehicle;

(f) the person is a manufacturer, exporter, importer or distributor of motor vehicles who is described in paragraph (b) or (c) but not in paragraph (a) of that definition of "motor dealer";

(g) the person holds an auction of the motor vehicle, if

(i) the motor vehicle is offered for disposition on behalf of a registrant, and

(ii) the person who holds the auction and, if any, the directors, officers, employees and agents of that person have no property interest in the motor vehicle.

(5) A wholesaler is exempt, in respect of a motor vehicle, from the Wholesaler Licensing Regulation if any of the following conditions is met:

(a) the person is described in subsection (4) (a), (b), (c) or (d);

(b) the person deals with the motor vehicle for the purposes of the motor vehicle being wrecked or dismantled for parts or scrap metal and does not sell motor vehicles for any other purpose.

[en. B.C. Reg. 200/2017, Sch. 4, s. 3; am. B.C. Reg. 291/2023, App. 3, s. 1.]

Exemptions — wholesale auctions

14.1   (1) In this section:

"eligible bidder" means any of the following:

(a) a registrant;

(b) a licensed wholesaler;

(c) the Insurance Corporation of British Columbia or an insurer licensed under the Insurance Act;

"eligible seller", in relation to a motor vehicle, means any of the following:

(a) a registrant;

(b) a licensed wholesaler;

(c) the Insurance Corporation of British Columbia or an insurer licensed under the Insurance Act;

(d) a person exempt under section 14 (4) (a), (b), (c), (d), (e) or (f) in respect of the motor vehicle;

(e) the Province;

"representative" has the same meaning as in the Wholesaler Licensing Regulation.

(2) A person who holds an auction of motor vehicles is exempt, in respect of that auction, from the Wholesaler Licensing Regulation if

(a) the motor vehicles are eligible under subsection (3),

(b) the bidding is limited to eligible bidders and conducted in accordance with subsection (4), and

(c) the person keeps the records referred to in subsection (5) for at least 2 years after the last day of the auction and allows the registrar, or a person authorized by the registrar, to inspect those records on request.

(3) For the purposes of subsection (2) (a), a motor vehicle is eligible if all of the following criteria are met:

(a) the motor vehicle is used;

(b) the motor vehicle is offered for disposition on behalf of an eligible seller;

(c) the person who holds the auction and the directors, officers, employees and agents of that person have no property interest in the motor vehicle;

(d) the person who holds the auction has received from the eligible seller and made available to bidders a written statement about the motor vehicle that

(i) makes the disclosures referred to in section 23 [material facts], and

(ii) if the motor vehicle is not intended for transportation, contains a statement that the motor vehicle is not suitable for transportation and is sold for parts only or purposes other than transportation.

(4) For the purposes of subsection (2) (b), bidding is to be conducted as follows:

(a) in the case that bidders may be physically present at the site of the auction, the site is to include a bidding area and access to the bidding area is to be restricted to the following individuals:

(i) any of the following who is wearing visible photo identification:

(A) an eligible bidder;

(B) a director, officer or employee of an eligible bidder;

(C) a representative of an eligible bidder, if the eligible bidder is a wholesaler;

(ii) any of the following who is present for the purposes of conducting or observing the auction:

(A) the person who conducts the auction, a director, officer, employee or agent of that person or an individual accompanied by any of them;

(B) an eligible seller on behalf of whom a motor vehicle is offered for disposition in the auction or a director, officer or employee of the eligible seller;

(C) the registrar or an individual authorized by the registrar;

(D) a peace officer;

(b) in the case that bidders may bid through electronic means, access to the electronic means is to be restricted to eligible bidders.

(5) For the purposes of subsection (2) (c), the following records are to be kept:

(a) a record of the motor vehicles offered for disposition at the auction that includes the following for each motor vehicle:

(i) the name of the eligible seller;

(ii) a copy of the statement referred to in subsection (3) (d);

(iii) the date on which the motor vehicle was offered for disposition;

(iv) whether the motor vehicle was disposed of at the auction and, if so, a copy of the following records:

(A) a record evidencing the disposition of the motor vehicle that includes the information specified in section 21 (1) and (2) [contents of sale or purchase agreement];

(B) if a warranty was made in respect of the motor vehicle by or on behalf of the eligible seller or the person who held the auction, records relating to the warranty;

(b) if bidders are physically present at the site of the auction, a record of the individuals allowed entry to the bidding area that identifies which of them were eligible bidders;

(c) if bidders bid through electronic means, a record of the individuals allowed access to the electronic means.

[en. B.C. Reg. 200/2017, Sch. 4, s. 3; am. B.C. Reg. 16/2019, s. (a).]

Exemption re business premises

15   A motor dealer who orders or enters into contracts for the supply of new motor vehicles but does not maintain an inventory of motor vehicles and does not deal in used motor vehicles is exempt from the requirements of section 3 (1) (a) (vi) of the Act.

Bonding

Repealed

16-19   Repealed. [B.C. Reg. 222/95.]

Records

20   Every motor dealer must maintain for a period of at least 2 years from the date of the original transaction, purchase orders, sales orders and written records of all transactions resulting in the purchase or sale of a motor vehicle and, in the case of a used motor vehicle, a record of material reconditioning or other substantial work performed on the motor vehicle, including the date and the particulars of substantial work done, supported by repair orders, the cost of such work and details of any inspection conducted under the Motor Vehicle Act.

[am. B.C. Regs. 200/2017, Sch. 4, s. 4; 271/2019, s. 5.]

Contents of sale or purchase agreement (new vehicles)

21   (1) If a motor dealer makes a written representation in the form of a sales or purchase agreement respecting the motor dealer's sale of a new motor vehicle, the motor dealer must include the following information:

(a) the name and address of the purchaser and vendor;

(b) the date of the sale;

(c) the make of the motor vehicle;

(d) the model year;

(e) the manufacturer's vehicle identification number;

(f) the body type;

(g) particulars, including price, of extra equipment or accessories added to or removed from the motor vehicle by the motor dealer according to the agreement made at the time of the sale;

(h) the actual selling price of the motor vehicle;

(i) Repealed. [B.C. Reg. 91/2013, Sch. s. 6 (a).]

(i.1) the tax payable under the Provincial Sales Tax Act;

(j) the down payment or deposit, including the value ascribed to any trade-in, and the terms and conditions governing the refund of the deposit;

(k) the balance to be paid by the purchaser;

(l) an itemized list of the cost of any other charges for which the purchaser is responsible, including insurance and licence fees if they are to be added to the contract price.

(m) Repealed. [B.C. Reg. 188/2006.]

[am. B.C. Regs. 188/2006; 91/2013, Sch. s. 6; 271/2019, s. 7 (a).]

Content of sale or purchase agreement (used vehicles)

(2) If a motor dealer makes a written representation in the form of a sales or purchase agreement respecting the motor dealer's sale of a used motor vehicle, the motor dealer must include the particulars required for a new motor vehicle under subsection (1) and

(a) any documentation or transfer fee,

(b) the recorded odometer reading at the time of sale,

(c) the name of any jurisdiction known to the motor dealer other than British Columbia in which the motor vehicle has previously been registered,

(d) an itemized list of any repairs to be effected and the additional cost, if any,

(e) a statement that the motor vehicle complies with the requirements of the Motor Vehicle Act, and

(f) in the case of a motor vehicle not suitable for transportation a statement to that effect.

[am. B.C. Reg. 271/2019, s. 7 (b).]

(2.1) Repealed. [B.C. Reg. 241/2004, Sch. 1.]

(3) A motor dealer must give a copy of the sales or purchase agreement to the purchaser or seller, as the case may be, at the time it is accepted by the motor dealer.

[am. B.C. Regs. 197/92, s. 1; 241/2004, Sch. 1; 271/2019, s. 7 (c); 42/2024, Sch. 1, s. 22.]

Motor vehicles not suitable for transportation

22   A motor dealer must ensure that any written representation including every purchase order, sales agreement or form of contract used in a consumer transaction for the purchase of a motor vehicle not intended for transportation contains a statement that the motor vehicle is not suitable for transportation and is sold for parts only or purposes other than transportation.

[am. B.C. Reg. 271/2019, s. 5.]

Disclosures

Material facts

23   A motor dealer must ensure that in every written representation in the form of a sale or purchase agreement 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:

(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;

(b) whether the motor vehicle has

(i) in the case of a new motor vehicle, sustained damage requiring repairs costing more than 20% of the asking price of the motor vehicle, or

(ii) in the case of a used motor vehicle, sustained damages requiring repairs costing more than $2 000;

(c) whether the motor vehicle has been used as a lease or rental vehicle;

(d) whether a used motor vehicle has been brought into the Province specifically for the purpose of sale;

(e) whether the odometer of the motor vehicle accurately records the true distance travelled by the motor vehicle.

[am. B.C. Regs. 363/84; 271/2019, s. 8.]

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.

[en. B.C. Reg. 271/2019, s. 9.]

Replacement of odometer

25   If it is necessary for a motor dealer to exchange or repair the odometer of the motor vehicle or any part of a motor vehicle that is directly related to the odometer, and the replacement or repair results in the odometer reading for the motor vehicle being changed, the motor dealer must record the reading that was on the odometer before the exchange or repair and the reading at the time of the sale on the sales order or purchase agreement as well as in the motor dealer's permanent written records.

[am. B.C. Reg. 271/2019, s. 10.]

Advertising new motor vehicle

26   A motor dealer exhibiting or offering for sale a new motor vehicle must affix to it in a clear and legible manner information concerning it as follows:

(a) the serial number or vehicle identification number or numbers, make and model;

(b) the price at which it is offered for sale, inclusive of accessories and items of optional equipment that are physically attached to it, transportation charges for its delivery to the dealer and any pre-delivery and inspection service charged by the dealer;

(c) an itemized list describing each accessory and item of optional equipment that is physically attached to it.

[en. B.C. Reg. 236/81, s. (b); am. B.C. Reg. 271/2019, s. 5.]

Advertising new motor vehicle

26.1   A motor dealer must not refer in an advertisement to the price at which a new motor vehicle is offered for sale, unless the price is the total asking price and includes all elements provided for in section 26 (b).

[en. B.C. Reg. 493/92.]

Advertising used motor vehicles

27   A motor dealer exhibiting or offering for sale a used motor vehicle must affix to it in a clear and legible manner information concerning it as follows:

(a) the price at which it is offered for sale;

(b) if it is a vehicle that is not suitable for transportation, the statement "Not Suitable for Transportation".

[en. B.C. Reg. 236/81, s. (c); am. B.C. Reg. 271/2019, s. 11.]

Exemption for vehicles in storage area or part of new inventory

28   Sections 26 and 27 do not apply to

(a) a motor vehicle which is in a storage area, or

(b) a motor dealer's inventory which has not yet been prepared for sale.

[en. B.C. Reg. 236/81, s. (d).]

Business Practices and Consumer Protection Act powers

29   (1) For the purposes of section 8.1 of the Act, the following provisions of the Business Practices and Consumer Protection Act are prescribed:

(a) sections 4 to 6 [deceptive acts or practices];

(b) sections 7 to 10 [unconscionable acts or practices];

(b.1) sections 18 (1) and (2) and 46 to 56 [distance sales contracts];

(c) sections 59, 60 and 62 to 64 [advertising], except sections 62 (3) (b) and 63 (3) (g);

(d) sections 66 (2) and 67 to 70 [disclosure requirements applicable to all credit agreements];

(e) sections 71 and 73 to 77 [rights and obligations of borrowers and credit grantors];

(f) sections 79 and 80 [credit arranged by loan brokers];

(g) sections 83 to 88 [disclosure required in relation to fixed credit], except sections 84 (m) and 88 (2) (a);

(h) section 101 [disclosure required in relation to leases];

(i) sections 104 and 105 [general].

(2) Without limiting any other rights and powers of the registrar under the Act, the registrar may, in relation to the provisions prescribed in subsection (1), exercise

(a) the rights and powers under the following sections of the Act:

(i) section 4 (5) [impose condition on registration];

(ii) section 5 [refusal, suspension or termination of registration];

(iii) section 7 (1) [inquiries];

(iv) section 25 (3) [complaints];

(v) section 27 (1) to (3) [order to refrain from dealing with assets];

(vi) section 28 (1) [appointment of receiver];

(vii) section 31 [court order to comply];

(viii) section 32 (1) [financial statements], and

(b) the rights and powers of the director under the following provisions of Part 10 of the Business Practices and Consumer Protection Act:

(i) sections 149 to 153 [inspections], except section 151 (2) and (3);

(ii) sections 154, 155 and 157 (1) [undertakings and orders];

(iii) sections 158 (2), 159, 161 (1), and 163 (1) [appointment of receivers and property freezing orders];

(iv) sections 164 (1), 166 and 168 (2) [administrative penalties];

(v) sections 172 and 173 (2) [court proceedings].

(3) The following provisions of the Act apply to the exercise by the registrar of any of the rights or powers referred to in subsection (2):

(a) section 6 [hearing if requested];

(b) section 7 (2) [providing information and documents];

(c) section 25 (1) and (2) [complaints];

(d) section 26 [inspection];

(e) section 27 (4) and (5) [order to refrain from dealing with assets];

(f) section 28 (2) to (4) [appointment of receiver];

(g) section 29 [confidentiality of information];

(h) section 30 [service of notices];

(i) section 32 (2) [financial statements];

(j) section 33 [admissibility of registrar's certificates];

(k) section 35 [offences];

(l) section 35.1 [penalties];

(m) section 36 [limitation period];

(n) section 37 [liability of registrar and others].

(4) The following provisions of Part 10 of the Business Practices and Consumer Protection Act apply to the exercise by the registrar of any of the rights or powers referred to in subsection (2):

(a) section 151 (2) and (3) [inspections];

(b) section 157 (2) [undertakings and orders];

(c) sections 160, 161 (2) and (3), 162 and 163 (2) to (4) [appointment of receivers and property freezing orders];

(d) sections 164 (2) to (5), 165, 167, 168 (1) and 170 [administrative penalties];

(e) section 173 (1) and (3) [court proceedings].

[en. B.C. Reg. 586/2004; am. B.C. Regs. 124/2006, Sch. s. 1; 200/2017, Sch. 1, s. 2.]

Leases

Disclosure in relation to leases

30   (1) In this section, "consumer" means an individual who leases or agrees to lease a motor vehicle from a motor dealer for purposes that are primarily personal, family or household.

(2) A motor dealer must disclose in writing the following information to the consumer before the consumer enters into an agreement to lease a motor vehicle from the motor dealer:

(a) a summary of costs and credits relating to any extended warranty and that is due upon signing the lease;

(b) all express warranties and guarantees made by the manufacturer or motor dealer with respect to the motor vehicle;

(c) who is responsible for the maintenance and servicing of the motor vehicle;

(d) a description of any insurance, including types and amounts of coverage, required to be provided and paid for by the consumer;

(e) any limitations on the consumer's use and enjoyment of the motor vehicle, including, without limitation, any restriction respecting authorized drivers or requirements for permission to take the motor vehicle outside of British Columbia;

(f) the amount of tax in each periodic payment to be made by the consumer under the agreement, based on the applicable tax rate at the time of disclosure;

(g) the requirement under section 31 (3) that the motor vehicle remain in the possession of the motor dealer and the consumer's rights and the motor dealer's obligations under section 31 (4) to (6).

(3) Prescribed provisions that a motor dealer must include in each lease contract that the motor dealer enters into with a consumer are provisions that incorporate the information required to be disclosed under subsection (2) (a) to (f).

[en. B.C. Reg. 124/2006, Sch. s. 2.]

Deemed provisions in a lease

31   (1) In this section, "consumer" has the same meaning as in section 30.

(2) This section is deemed to be included in a lease of a motor vehicle by a motor dealer.

(3) Subject to a waiver under subsection (6), after the motor dealer and the consumer enter into the lease, the motor dealer must retain possession of the motor vehicle for a period of one clear day.

(4) The consumer may cancel the lease during the period in which the motor vehicle must remain in the possession of the motor dealer under subsection (3).

(5) If the consumer cancels the lease under subsection (4),

(a) the motor dealer must reimburse to the consumer any deposit or other money paid to the motor dealer in respect of the lease, and

(b) the consumer is not liable to pay any charge, fee or penalty for cancelling the lease contract.

(6) A consumer may waive, in writing, the requirements of subsection (3).

(7) All warranties and guarantees with respect to a motor vehicle and the equipment on the motor vehicle made by the manufacturer to the motor dealer are assigned to the consumer.

[en. B.C. Reg. 124/2006, Sch. s. 2; am. B.C. Reg. 200/2017, Sch. 1, s. 3.]

Administrative Penalties

Administrative penalties

32   (1) For the purposes of section 26.04 (1) (a) and (5) (a) of the Act, the following provisions of the Act are prescribed:

(a) section 3 (1) and (2) [registration required for motor dealer];

(b) section 10 [voluntary cancellation of registration];

(c) section 11 [registered name];

(d) section 12 [additional information of changes];

(e) section 13 (1) and (2) [advertising];

(f) section 13.1 [employing salespersons];

(g) section 24 (2) [registration cancelled if compensation fund not repaid];

(h) section 25 (1) [complaints];

(i) section 26 [inspection];

(j) section 32 (1) [financial statements];

(k) section 34 (1) and (2) [odometers].

(2) For the purposes of section 26.04 (1) (a) and (5) (a) of the Act, the following provisions of this regulation are prescribed:

(a) section 5 [certificate to be displayed];

(b) section 9 [return and surrender of certificate and demonstrator plates];

(c) section 13 [change in category];

(d) section 20 [records];

(e) section 21 (1), (2) and (3) [contents of sale or purchase agreement];

(f) section 22 [motor vehicles not suitable for transportation];

(g) section 23 [material facts];

(h) section 24 [advertising company car, executive car or demonstrator];

(i) section 25 [replacement of odometer];

(j) section 26 [advertising new motor vehicle];

(k) section 26.1 [advertising new motor vehicle];

(l) section 27 [advertising used motor vehicles];

(m) section 30 (2) and (3) [disclosure in relation to leases];

(n) section 31 (3) and (5) (a) [deemed provisions in lease];

(o) section 33 (2) [code of conduct];

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

(3) For the purposes of section 26.04 (1) (a) and (5) (a) of the Act, the following provisions of the Motor Dealer Consignment Sales Regulation are prescribed:

(a) section 2 (1) [form of consignment agreement];

(b) section 4 (1) [form of purchase agreement];

(c) section 6 (2) (b), (3) and (4) [manner of payment].

(4) For the purposes of section 26.04 (1) (a) and (5) (a) of the Act, the following provisions of the Motor Dealer Customer Compensation Fund Regulation are prescribed:

(a) section 2 (1) [annual payments];

(b) section 3 (3) [additional payments].

(5) For the purposes of section 26.04 (1) (a) and (5) (a) of the Act, section 2 [prohibition on acting without salesperson licence] of the Salesperson Licensing Regulation is prescribed.

(6) For the purposes of section 26.04 (1) (a) and (5) (a) of the Act, the following provisions of the Broker Licensing Regulation are prescribed:

(a) section 2 [prohibition on acting without broker-agent licence];

(b) section 8 [display of broker-agent licence];

(c) section 12 [prohibition on acting without broker-agent representative licence].

(7) For the purposes of section 26.04 (1) (a) and (5) (a) of the Act, the following provisions of the Wholesaler Licensing Regulation are prescribed:

(a) section 2 [prohibition on acting without wholesaler licence];

(b) section 8 [display of wholesaler licence].

[en. B.C. Reg. 200/2017, Sch. 1, s. 4; am. B.C. Regs. 200/2017, Sch. 4, s. 5; 16/2019, Sch. 1, s. 2.]

Code of Conduct

Code of conduct

33   (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.

[en. B.C. Reg. 16/2019, Sch. 1, s. 3.]

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.

[en. B.C. Reg. 16/2019, Sch. 1, s. 3.]

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.

[en. B.C. Reg. 16/2019, Sch. 1, s. 3.]

Schedule A

Form 1

Repealed. [B.C. Reg. 241/2004, Sch. 1.]

Forms 2 and 3

Repealed. [B.C. Reg. 143/98, s. (b).]

Form 4

Repealed. [B.C. Reg. 397/97.]

Schedule B

Repealed. [B.C. Reg. 241/2004, Sch. 1.]

Schedule B1

Repealed. [B.C. Reg. 21/88, s. (c).]

[Provisions relevant to the enactment of this regulation: Motor Dealer Act, R.S.B.C. 1996, c. 316, ss. 3 (1), 4, 9, 34 and 38.]