The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 15th day of March, 2016
Craig James, Clerk of the House
HONOURABLE MICHAEL MORRIS
MINISTER OF PUBLIC SAFETY
AND SOLICITOR GENERAL
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 (1) of the Motor Dealer Act, R.S.B.C. 1996, c. 316, is amended by adding the following definitions:
"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;
"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;
"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;
"property freezing order" means an order made under section 27 (1) by the registrar;
"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; .
2 Section 1 (1) is amended
(a) by adding the following definitions:
"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;
"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. ,
(b) in the definition of "claim" by striking out "fund" and substituting "compensation fund", and
(c) by repealing the definition of "fund" and substituting the following:
"compensation fund" means the Motor Dealer Customer Compensation Fund continued under section 14; .
3 Section 3 is amended
(a) by striking out "and" at the end of subsection (1) (a) (vi),
(b) by repealing subsection (1) (b) and substituting the following:
(b) other than in the person's registered name, and
(c) elsewhere than at or from the person's business premises. , and
(c) by adding the following subsection:
(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.
4 Section 6 is amended by striking out "by registered mail".
5 Section 8.1 is amended
(a) in subsection (2) by striking out "Part 2, except Division 3, and Part 5" and substituting "Part 2 except Division 3, and Parts 4 and 5",
(b) in subsections (3) (b), (4) (b) and (c) and (5) by striking out "Part 2 or 5" and substituting "Part 2, 4 or 5", and
(c) in subsection (4) (a) by striking out "Parts 2 and 5" and substituting "Parts 2, 4 and 5".
6 Section 13 is amended by adding the following subsection:
(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.
7 The following section is added to Part 1:
13.1 A motor dealer must not employ or engage a salesperson unless the salesperson is licensed under the regulations as a salesperson.
8 The following section is added to Part 1:
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.
9 Section 14 is amended
(a) by adding the following subsection:
(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). ,
(b) in subsection (2) by striking out "to the fund through the registrar." and substituting "to the registrar.",
(c) in subsection (3) by striking out "The fund" and substituting "The compensation fund", and
(d) by repealing subsections (4) and (5) and substituting the following:
(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.
10 The following sections are added:
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.
11 Section 15 (1) is amended by striking out "fund." and substituting "compensation fund."
12 Section 16 is amended
(a) in subsection (1) by striking out "fund." and substituting "compensation fund.",
(b) by adding the following subsection:
(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
(b) inform the registrar of
(i) the amount of money paid out of the compensation fund to the person, and
(ii) the costs determined under paragraph (a), if any. , and
(c) by repealing subsections (3) and (4) and substituting the following:
(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.
13 Section 17 (1) is amended by striking out "fund" and substituting "compensation fund".
14 Section 17 (2) is repealed.
15 The following sections are added:
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
(i) the determination, and
(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.
16 Section 19 is repealed and the following substituted:
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.
17 Section 20 is repealed and the following substituted:
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.
18 Section 21 is repealed and the following substituted:
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
(c) the costs of recovery, including actual legal costs.
19 Section 22 is repealed and the following substituted:
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).
20 Section 23 is amended by striking out "between claimants if the fund" and substituting "between persons to whom the board decides to pay money under section 16 (2.1) if the compensation fund".
21 Section 24 is repealed and the following substituted:
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.
22 The following section is added to Part 2:
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.
23 The following sections are added to Part 2:
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;
(d) to pay the costs of administering the advancement fund;
(e) for other prescribed purposes.
24 The following sections are added:
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.
26.01 (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.
(2) A compliance order must
(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,
(b) an undertaking, or
(c) a compliance order.
(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 license authorized under the regulations,
(c) a property freezing order,
(d) an undertaking, or
(e) a compliance 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,
(d) an undertaking, or
(e) a compliance 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,
(d) a compliance order, or
(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
(i) the determination, and
(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.
25 Section 27 (1) is amended by striking out ", in writing or by telegram,".
26 Section 30 is repealed and the following substituted:
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 mail box 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 his or her 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 mail box 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;
(e) by any other method of service prescribed.
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 mail box 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.
27 Section 35 (2) is amended by striking out "13, 20 (1)," and substituting "13, 13.1, 20 (1),".
28 Section 38 (2) is amended
(a) in paragraph (e) by striking out "14 (2), 16 (4) and 21 (b)," and substituting "14 (2) and 21 (b),",
(b) in paragraph (f) by striking out "fund including" and substituting "compensation fund, including, without limitation,", by striking out "and" in subparagraphs (iii) and (iv) and by adding the following subparagraphs:
(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, ,
(c) in paragraph (g) by striking out "or the regulations." and substituting "or the regulations and making the exemption subject to conditions, and", and
(d) by adding the following paragraph:
(h) respecting any other matter for which regulations are contemplated by this Act.
29 Section 38 (2) is amended
(a) in paragraph (e) by striking out "14 (2) and 21 (b)," and substituting "14 (2), 21 (b), 24.02 (2) (c), 24.05 (e) and 26.04 (1) (a) and (5) (a),", and
(b) by adding the following paragraph:
(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, .
30 Section 39 is amended
(a) by renumbering the section as section 39 (1),
(b) in subsection (1) by striking out "license salespersons," and substituting "license broker-agents, broker-agent representatives, salespersons and wholesalers,",
(c) in subsection (1) (b) (i) by striking out "classes of salespersons," and substituting "classes of broker-agents, broker-agent representatives, salespersons and wholesalers,",
(d) in subsection (1) (b) (ii) by striking out "the salesperson works," and substituting "the broker-agent, broker-agent representative, salesperson or wholesaler works,", and
(e) by adding the following subsection:
(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,
(b) respecting enforcement of a code of conduct, and
(c) respecting penalties for a breach of a code of conduct.
31 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
| Item | Column 1 Provisions of Act |
Column 2 Commencement |
| 1 | Anything not elsewhere covered by this table | The date of Royal Assent |
| 2 | Section 1 | By regulation of the Lieutenant Governor in Council |
| 3 | Section 3 | By regulation of the Lieutenant Governor in Council |
| 4 | Section 5 | By regulation of the Lieutenant Governor in Council |
| 5 | Section 8 | By regulation of the Lieutenant Governor in Council |
| 6 | Section 14 | By regulation of the Lieutenant Governor in Council |
| 7 | Sections 23 and 24 | By regulation of the Lieutenant Governor in Council |
| 8 | Section 29 | By regulation of the Lieutenant Governor in Council |