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"Point in Time" Regulation Content

Motor Dealer Act

Motor Dealer Act Regulation

B.C. Reg. 447/78

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 April 1, 2018
April 1, 2019
Section 5 December 16, 2019
Section 8 December 16, 2019
Section 9 December 16, 2019
Section 10 December 16, 2019
Section 11 December 16, 2019
Section 13 January 1, 2018
December 16, 2019
Division April 1, 2018
Section 14 April 1, 2018
Section 14.1 April 1, 2018
February 8, 2019
Section 20 April 1, 2018
December 16, 2019
Section 21 April 1, 2013
December 16, 2019
Section 22 December 16, 2019
Section 23 December 16, 2019
Section 24 December 16, 2019
Section 25 December 16, 2019
Section 26 December 16, 2019
Section 27 December 16, 2019
Section 29 January 1, 2018
Section 31 January 1, 2018
Section 32 January 1, 2018
April 1, 2018
April 1, 2019
Division Section 33 to 35 April 1, 2018

 Section 1 definition of "licensed wholesaler" was added by BC Reg 200/2017, effective April 1, 2018.

 Section 1 definitions of "code of conduct", "licensed broker-agent", "licensed broker-agent representative", "licensed salesperson" and "licensee" were added by BC Reg 16/2019, effective April 1, 2019.

 Section 5 BEFORE amended by BC Reg 271/2019, effective December 16, 2019.

Certificate to be displayed

5   A registrant shall display his certificate of registration in a conspicuous location at his usual place of business.

 Section 8 BEFORE amended by BC Reg 271/2019, effective December 16, 2019.

Voluntary cancellation

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

 Section 9 BEFORE re-enacted by BC Reg 271/2019, effective December 16, 2019.

Return and surrender of certificate and demonstrator plates

9   Where the certificate of registration of a motor dealer is suspended or cancelled he shall forthwith return his certificate of registration to the registrar and shall surrender to the Insurance Corporation of British Columbia any demonstration licences and corresponding number plates issued to him.

[am. B.C. Reg. 313/96.]

 Section 10 BEFORE amended by BC Reg 271/2019, effective December 16, 2019.

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 where such a request is made the motor dealer shall comply with all the requirements of the Act and the regulation respecting registration.

 Section 11 BEFORE amended by BC Reg 271/2019, effective December 16, 2019.

Fee prorated and credited

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

 Section 13 BEFORE amended by BC Reg 200/2017, effective January 1, 2018.

Change in category

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

 Section 13 BEFORE amended by BC Reg 271/2019, effective December 16, 2019.

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, he shall so advise the registrar and shall remit the appropriate fee prorated to the nearest full month and reduced by the unexpired portion already paid.

[am. B.C. Reg. 200/2017, Sch. 1, s. 1.]

 Division heading "Exemptions" was added before section 14 by BC Reg 200/2017, effective April 1, 2018.

 Section 14 BEFORE re-enacted by BC Reg 200/2017, effective April 1, 2018.

Exemptions

14   The following classes of persons are exempt from the Act:

(a) a person who purchases or otherwise acquires motor vehicles for the purpose of wrecking or dismantling them for parts or scrap metal and does not otherwise engage in the resale of such motor vehicles;

(b) a person who conducts a sale by auction on behalf of a registrant as long as the person has no property interest in a motor vehicle offered for sale;

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

(d) a person whose dealings with motor vehicles are incidental to his 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 limiting the generality of the foregoing, chartered banks, trust companies, sales finance companies, consumer loan companies and credit unions;

(e) a person whose regular business is not renting or leasing motor vehicles and who having come into the possession of a motor vehicle only as an incident to his regular business, sells the motor vehicle;

(f) a person whose business is the provision of taxi, limousine or chauffeur services;

(g) a liquidator, receiver, trustee in bankruptcy, person acting under an order of a court or an executor or trustee who sells a motor vehicle in the course of his duties as such;

(h) a manufacturer, exporter, importer or distributor of motor vehicles who does not offer the vehicles for sale to the general public;

(i) a person who deals only in boat trailers, tent trailers, utility trailers or golf carts;

(j) a person regularly employed by a registrant while acting as a salesman or sales representative;

(k) a sheriff or sheriff's officer;

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

(m) a person licensed under the Business Practices and Consumer Protection Act, when he is acting as a bailiff or collection agent;

(n) a person who acts as agent only, for the purchaser in a transaction for the purchase of a new motor vehicle where the purchaser takes title not from that person but from a registered motor dealer;

(o) Repealed. [B.C. Reg. 264/2006, s. (b).]

[am. B.C. Regs. 187/8; 241/2004, Sch. 1; 274/2004, Sch. 3, s. 8; 518/2004, Sch. s. 14; 264/2006, s. (b).]

 Section 14.1 was enacted by BC Reg 200/2017, effective April 1, 2018.

 Section 14.1 (1) definition of "eligible seller", paragraph (d) BEFORE amended by BC Reg 16/2019, effective February 8, 2019.

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

 Section 20 BEFORE amended by BC Reg 200/2017, effective April 1, 2018.

Records

20   Every motor dealer shall maintain for a period of 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.

 Section 20 BEFORE amended by BC Reg 271/2019, effective December 16, 2019.

Records

20   Every motor dealer shall 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. Reg. 200/2017, Sch. 4, s. 4.]

 Section 21 (1) (i) BEFORE repealed by BC Reg 91/2013, effective April 1, 2013.

(i) the tax payable pursuant to the Social Service Tax Act;

 Section 21 (1) (i.1) was added by BC Reg 91/2013, effective April 1, 2013.

 Section 21 (1) (part), (2) (part) and (3) BEFORE amended by BC Reg 271/2019, effective December 16, 2019.

(1) Where a motor dealer makes a written representation in the form of a sales or purchase agreement respecting the sale by him of a new motor vehicle he shall include the following information:

(2) Where a motor dealer makes a written representation in the form of a sales or purchase agreement respecting the sale by him of a used motor vehicle, he shall include the particulars required for a new motor vehicle under subsection (1) and

(3) A motor dealer shall give a duplicate 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.

 Section 22 BEFORE amended by BC Reg 271/2019, effective December 16, 2019.

Motor vehicles not suitable for transportation

22   A motor dealer shall 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.

 Section 23 (part) BEFORE amended by BC Reg 271/2019, effective December 16, 2019.

Material facts

23   A motor dealer shall ensure that in every written representation in the form of a sale or purchase agreement respecting his offering to sell or selling a motor vehicle he discloses, to the best of his knowledge and belief:

 Section 23 (a) BEFORE amended by BC Reg 271/2019, effective December 16, 2019.

(a) whether the motor vehicle has been used as a taxi, police or emergency vehicle or in organized racing;

 Section 24 BEFORE re-enacted by BC Reg 271/2019, effective December 16, 2019.

Demonstrator, executive car, etc.

24   No motor dealer shall refer in an advertisement or representation to or offer for sale, a motor vehicle as being a company car, an executive car, or a demonstrator or any similar description, unless the motor vehicle was used by the manufacturer or motor dealer in the course of his normal business operation and had been acquired by him as a new automobile.

 Section 25 BEFORE amended by BC Reg 271/2019, effective December 16, 2019.

Replacement of odometer

25   Where 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, he shall 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 his permanent written records.

 Section 26 (part) BEFORE amended by BC Reg 271/2019, effective December 16, 2019.

Advertising new motor vehicle

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

 Section 27 (part) BEFORE amended by BC Reg 271/2019, effective December 16, 2019.

Advertising used motor vehicles

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

 Section 27 (b) BEFORE amended by BC Reg 271/2019, effective December 16, 2019.

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

 Section 29 (1) (b.1) was added by BC Reg 200/2017, effective January 1, 2018.

 Section 31 (3) BEFORE amended by BC Reg 200/2017, effective January 1, 2018.

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

 Division titled "Administrative Penalties", section 32 was enacted by BC Reg 200/2017, effective January 1, 2018.

 Section 32 (5) BEFORE amended by BC Reg 200/2017, effective April 1, 2018.

(5) For the purposes of section 26.04 (1) (a) and (5) (a) of the Act, section 2 (2) [licensing] of the Salesperson Licensing Regulation is prescribed.

 Section 32 (6) and (7) were added by BC Reg 200/2017, effective April 1, 2018.

 Section32 (2) (o) and (p) were added by BC Reg 16/2019, effective April 1, 2019.

 Division "Code of Conduct" and sections 33, 34 and 35, were enacted by BC Reg 200/2017, effective April 1, 2018.