Registrar of Motor Dealer’s
RULES OF PRACTICE AND PROCEDURE
INDEX
PART 1 – HOW THE RULES ARE APPLIED .................................................................................................. 6
Rule 1 – Applying the Rules.................................................................................................................. 6
Rule 2 – Conflict with the Legislation ................................................................................................... 6
Rule 3 – Consequences of not following the Rules. .............................................................................. 6
PART 2 – GENERAL APPLICATION PROCEDURES ....................................................................................... 8
Rule 4 - Withdrawing an Application .................................................................................................... 8
Rule 5 – Combining Applications .......................................................................................................... 8
Rule 6 – Amending an Application ....................................................................................................... 9
Rule 7 – Removing, adding or substituting parties to an Application .................................................... 9
Rule 8 – Interveners........................................................................................................................... 10
Rule 9 – Dismissing an Application ..................................................................................................... 11
PART 3 – CONSUMER COMPLAINT APPLICATIONS ................................................................................. 13
Rule 10 – How to make a Consumer Complaint Application ............................................................... 13
Rule 11 – Registrar to serve Notice of a Consumer Complaint Application ......................................... 14
Rule 12 – Response to a Notice of Consumer Complaint Application .................................................. 14
Rule 13 – VSA to serve Response to the Applicant ............................................................................. 15
Rule 14 – General power of Registrar to require additional records ................................................... 16
PART 4 – Application for Compensation under the Motor Dealer Customer Compensation Fund
Regulation ............................................................................................................................................. 17
Rule 15 – Other Rules applicable to this Part...................................................................................... 17
Rule 15.1 – How to make a Compensation Fund Claim ....................................................................... 17
Rule 16 – Registrar to serve Compensation Fund Application on Licensee .......................................... 18
Rule 17 – Registrar to serve Licensee Response on Applicant ............................................................. 19
PART 5 – SERVICE OF NOTICES, DOCUMENTS OR ORDERS ..................................................................... 20
Rule 18 – How to file documents ....................................................................................................... 20
Rule 19 – Address for delivery ........................................................................................................... 20
Rule 20 – Filing documents ................................................................................................................ 21
Rule 21 – Delivering communications to Applicants ........................................................................... 22
Rule 22 – Service of Hearing Documents ............................................................................................ 22
PART 6 – PRE-HEARING PROCEDURES .................................................................................................... 25
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Rule 23 – Compelling disclosure of Records ....................................................................................... 25
Rule 24 –Pre-Hearing Conference ...................................................................................................... 26
PART 7 – DISPUTE RESOLUTION PROCEDURES ....................................................................................... 28
Rule 25 – Dispute Resolution Process ................................................................................................ 28
PART 8 - COMPELLING WITNESSES AND ORDERING DISCLOSURE ........................................................... 30
Rule 26 – Order to Attend / Summons ............................................................................................... 30
Rule 27 – Applying to compel participation and order disclosure ....................................................... 30
Rule 28 – Amending or cancelling a Summons to a Witness ............................................................... 31
PART 9 – HEARING PROCEDURES ........................................................................................................... 33
Rule 29 – When a Hearing will be held ............................................................................................... 33
Rule 30 – Notice and Form of Hearing................................................................................................ 33
Rule 31 – Public access and recording of Hearings ............................................................................. 35
Rule 32 – Participation at Hearings by Parties and Witnesses............................................................. 36
Rule 33 – Order of presentation at oral Hearings ............................................................................... 37
Rule 34 – Evidence at Hearings .......................................................................................................... 38
Rule 35 –Adjournments ..................................................................................................................... 39
PART 10 – POST HEARING PROCEDURES ................................................................................................ 41
Rule 36 – Registrar’s Decision ............................................................................................................ 41
PART 11 – APPLYING FOR RECONSIDERATION........................................................................................ 42
Rule 37 – Applying for Reconsideration.............................................................................................. 42
Rule 38 – Time limit for applying for Reconsideration ........................................................................ 43
PART 12 – FORMS .................................................................................................................................. 44
Rule 39 - Forms.................................................................................................................................. 44
Consumer Complaint Applications ................................................................................................. 44
Hearings ........................................................................................................................................ 44
Compliance & Enforcement ........................................................................................................... 44
Motor Dealer Customer Compensation Fund ................................................................................. 44
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INTRODUCTION
Section 11 of the Administrative Tribunals Act (the “Act”) gives the Registrar the
power to make Rules respecting practice and procedure to facilitate the just and
timely resolution of the matters before the Registrar. Pursuant to that authority, the
following Rules of Practice and Procedures are made.
These Rules must be read together with:
a) The Motor Dealer Act and its regulations;
b) Business Practice and Consumer Protection Act and its regulations; and
c) Sections 11, 14(a) and (c), 15 , 18, 28, 29, 31, 33, 34(3) and 34(4). 35, 36,
37, 39, 40(5), 41, 46, 46.3, 48, 49, 57 and 61 of the Administrative
Tribunals Act.
Signed March 1, 2016
Ian Christman, Registrar
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DEFINITIONS
In these Rules:
“ATA” means the Administrative Tribunals Act S.B.C. 2004 c. 45.
“BPCPA” means the Business Practices and Consumer Protection Act, S.B.C., 2004
c. 2.
“application” has the same meaning as in the ATA and includes an application to:
(a) file a complaint against a licensee for a breach of the MDA or the BPCPA, or
(b) file a request for reconsideration.
“applicant” has the same meaning as in the ATA and includes an applicant who
files an “application”, but does not include the Registrar and his or her delegates.
“compensation fund application” means an application by a compensation fund
applicant under Part 2 of the MDA and the Motor Dealer Customer Compensation
Fund Regulation.
“compensation fund applicant” means a person who has made a compensation
fund application.
“Licence” means for a motor dealer, registration as a motor dealer under the MDA
and for a salesperson, a licence under the SL Reg.
“Licensee” means a person registered as a motor dealer under the MDA or a
person licensed as a salesperson under the SL Reg.
“MDA” means the Motor Dealer Act, RSBC 1996 c. 316.
“party or parties” includes an intervener but does not include the Registrar or his
or her delegates.
“redact” means to black out or remove words from a document as required by the
Freedom of Information and Protection of Privacy Act of B.C. R.S.B.C. 1996, c. 165.
“Registrar” means the Registrar of Motor Dealers or the Registrar’s delegate as
defined in section 1(1) of the MDA.
“SL Reg.” means the Salesperson Licensing Regulation, B.C. Reg. 241/2004.
“VSA” means the Motor Dealer Council of British Columbia dba the Motor Vehicle
Sales Authority of British Columbia.
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PART 1 – HOW THE RULES ARE APPLIED
Rule 1 – Applying the Rules
1) These Rules of Practice and Procedure (the “Rules”) come into effect on
March 1, 2016, and also apply to all proceedings in progress on that date.
2) These Rules apply to all parties and, unless the Registrar decides otherwise,
all parties must comply with these Rules.
3) These Rules are to be read as in addition to, and not limiting, the authority
and powers of the Registrar under the legislation and his or her common law
powers to ensure a fair process.
Rule 2 – Conflict with the Legislation
1) If any of the Rules conflict with the ATA, MDA, the BPCPA or their
regulations, the ATA, MDA, the BPCPA or their regulations will apply as the
case may be.
Rule 3 – Consequences of not following the Rules.
1) If a party does not follow these Rules, a decision, order, or any direction
regarding procedure, the Registrar may take appropriate actions, including:
a) Requiring that the failure be remedied,
b) Scheduling a hearing,
c) Making a decision based on the information it has, with or without
giving the parties an opportunity to make submissions,
d) Waiving the non-compliance,
e) Adjourning or dismissing the application, and
f) any other action to obtain compliance authorized by the MDA or the
BPCPA.
2) Before dismissing an application for non-compliance with the Rules, the
Registrar shall consider the following:
a) the reason for the non-compliance,
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b) the likelihood of harm to any party due to the non-compliance,
c) whether there has been any prejudice to a party to prosecute or
defend their position due to the non-compliance,
d) the public interest in continuing with the application, and
e) whether an adjournment or another order may address the noncompliance.
[ATA - ss. 11(2)(t), 14(a) and 18]
Commentary
Rule 2
This reflects section 11(1) of the ATA that any prescribed and
applicable processes in the ATA, MDA and the BPCPA prevail over
the Registrar’s Rules.
Rule 3(1)
Applies section 18 of the ATA giving the Registrar discretion to
control their process. It also emphasizes to applicants and parties
the importance of moving the process along.
Rule 3(2)
Requires the Registrar to consider certain factors to ensure the
exercise of discretion under Rule 3(1) is principled and fair.
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PART 2 – GENERAL APPLICATION PROCEDURES
Rule 4 - Withdrawing an Application
1) An applicant may withdraw all or part of an application by filing a written
notice of withdrawal with the Registrar.
2) The notice under subparagraph 1 must identify the application and the
parties, and be signed by the applicant or its representative.
3) If an applicant withdraws an application, it is deemed to be withdrawn, but
the Registrar may continue to investigate and prosecute an alleged breach of
the law.
[ATA – 11(1) and 14(c)]
Commentary
Rule 4(1) & (2)
Rule 4(3)
Allows a person to withdraw an application and provide notice to
all who may be affected.
Recognizes that despite the withdrawal of an application, the
Registrar has an overriding duty to the “public interest” to ensure
licensees are complying with the law administered by the
Registrar.
Rule 5 – Combining Applications
1) The Registrar, at its discretion, may combine applications, where the
applications involve the same or similar questions.
2) Before making an order to combine applications, the Registrar will provide
the parties with an opportunity to comment on whether they consider it
appropriate for the applications to be combined.
3) Some factors the Registrar will consider before ordering applications to be
combined are:
(a)
(b)
(c)
(d)
(e)
the applications involve similar facts,
the applications involve similar issues of law,
any cost savings by combining of applications,
the impact on witness(es) for combining or not combining the
applications, and
any prejudice to the parties in combining or not combining the
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applications.
[ATA – 11(2)(r), 14(a) and 37]
Commentary
Rule 5(1) & (2)
Rule 5(3)
Allows the Registrar to streamline their process with potential
cost savings where two (2) or more cases may be heard together.
Provides guidance to the Registrar in exercising their discretion
under Rule 5(1) & (2) to ensure the rights and concerns of all
parties are considered, so as to arrive at a principled and fair
decision.
Rule 6 – Amending an Application
1) An applicant may amend their application provided that the amendments are
made within 30 days of the Registrar receiving the original application.
2) Despite Rule 6(1), the Registrar may allow an Applicant to amend their
Application at any time where it is appropriate and necessary to ensure a
fair process and no person would be unduly prejudiced by allowing the
amendment.
[ATA – 11(2)(l) and 14(a)]
Commentary
Rule 6(a)
Rule 6(b)
Allows a person to amend their application if they realize they
have new information or they can make an additional claim. The
30 day limit instills a sense of importance of fully reviewing their
application, so the Registrar’s process moves along.
Recognizes that information may come to light late in a process
and allowing an amendment may be necessary to ensure a fair
process and resolution. Provides direction to the Registrar to
ensure a balancing of the need for the amendment with the
impact that it may have on all persons involved.
Rule 7 – Removing, adding or substituting parties to an Application
1) On its own initiative or on the application of a person, the Registrar may
remove, add or substitute a person as a party to an application.
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2) An application to remove, add or substitute a party to an application may be
made by delivering a written request to the Registrar that demonstrates the
following apply:
a) The person to be removed as a party is not, or has ceased to be, a
proper or necessary party to the application, or
b) The person to be substituted or added as a party is a proper or
necessary party to the application to ensure that all matters in the
application are effectually adjudicated.
3) The Registrar will give the parties an opportunity to be heard before
removing, adding or substituting a person as a party to an application.
[ATA - 11(2)(m) and 14(a)]
Commentary
Rule 7(1)
Allows the Registrar or another party to add another person to a
proceeding if information comes to light that they should be a
party to the proceeding.
Rule 7(2)
Ensures fairness in the process of adding someone to a
proceeding.
Rule 7(3)
Ensures fairness in the process as adding a party is a significant
matter.
Rule 8 – Interveners
1) A person may apply to participate as an intervener in an application by
delivering a written request to the Registrar that demonstrates the following
apply:
a) The person can bring a valuable contribution or bring a valuable
perspective to the application,
b) The potential benefits of the intervention outweigh any prejudice to the
parties,
c) It would be in the public interest to allow the person to intervene
d) Allowing the person to intervene will not cause unfairness, and
e) The person has a legal right to intervene.
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2) The Registrar will give the parties an opportunity to be heard before
granting an application to intervene in an application.
3) The Registrar may limit or impose terms and conditions on the participation
of an intervener and, unless specifically authorized by the Registrar, an
intervener may not submit evidence but may make submissions on the
interpretation and application of the law.
[ATA – 11(1); 11(2)(a) & (m), 33]
Commentary
The VSA administers the BPCPA and so does Consumer Protection BC. Consumer
Protection BC may wish to make submissions on the interpretation of the BPCPA at
a Registrar’s hearing. Further, as the Registrar is competent to hear constitutional
questions, interested parties, including the Attorney General of B.C., may wish to
make submissions.
Rule 8(1)
Provides guidance to the Registrar when exercising their
discretion to ensure an intervener will add value to the
proceeding and not unnecessarily interfere with the proceeding or
the rights of the parties.
Rule 8(2)
Ensures fairness in the process.
Rule 8(3)
Works in conjunction with section 8(1) to ensure the participation
of an intervener is beneficial to the process and only to the extent
necessary to provide that benefit. This also helps to control the
cost of the proceedings.
Rule 9 – Dismissing an Application
1) The Registrar may reject an application if it is clear that the Registrar does
not have jurisdiction over the subject matter of the application or the
remedy sought.
2) If an application is rejected, the Registrar will inform the parties in writing,
with reasons.
3) If it is unclear whether the application should be rejected, the Registrar will
give the applicant an opportunity to make written submissions and may
provide the other parties with an opportunity to provide a written response.
[ATA – 11(1) and 31]
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Commentary
Rule 9(1)
The Registrar must be satisfied that an application and any
available evidence provides reasonable grounds for the Registrar
to exercise his or her statutory powers and authority.
Rule 9(2)
Ensures any decision to reject an application is documented, fair
and can be reviewed.
Rule 9(3)
If jurisdiction is questionable, the parties are given a right to be
heard before any final decision is made.
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PART 3 – CONSUMER COMPLAINT APPLICATIONS
Rule 10 – How to make a Consumer Complaint Application
1) An applicant may make a formal complaint about a licensee by completing
Form 8 which must:
a) be in writing,
b) contain the applicant’s name, address, telephone number and email
address, and those of the applicant’s lawyer, agent or representative if
the applicant has a lawyer, agent or a representative,
c) indicate the address to which all official letters and documents are to
be sent, and a fax number or email address if available;
d) identify the reasons for the application,
e) be signed by the applicant or the applicant’s lawyer, agent or
representative, and
f) contain any other information required by the application.
2) An applicant who has a complaint about a licensee may submit a complaint
application in person, by mail, by fax or by email.
3) If an Applicant does not complete an application in Form 8 in its entirety, the
Registrar may apply Rule 3.
4) Where an Applicant will have a lawyer, agent or representative act for them
during an application, the Applicant must also complete a Consent to Disclose
Personal Information in Form 9.
[ATA – 11(1), 11(2)(i) and (j); MDA - 25]
Commentary
Rule 10(1) & (2)
Establishes the form for making a complaint and requires
information necessary to communicate with the applicant.
Rule 10(3)
Completing the application in its entirety is necessary so the
Registrar can establish jurisdiction over the application.
Rule 10(4)
Protects the rights of individuals by ensuring any person acting
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on their behalf has their express consent or is appointed by law.
Rule 11 – Registrar to serve Notice of a Consumer Complaint Application
1) Subject to Rule 11(2), where a complaint is received against a Licensee, the
Registrar will provide a copy of the Notice of Complaint to the licensee
indicating the substance of the complaint and provide a copy of the
Applicant’s completed Form 8.
2) Despite Rule 11(1), the Registrar may redact information from the Form 8
before providing it to a licensee where:
a) it reveals personal information not already in the possession of the
Licensee, unless the applicant has consented to the disclosure,
b) revealing the information would be an unreasonable invasion of
personal privacy,
c) there is no need to reveal the personal information in order for the
Licensee to respond, and
d) revealing the personal information is not necessary to ensure the fair
resolution of the Application.
[ATA – 11(1) and 11(2)(k)]
Commentary
Rule 11(1)
Rule 11(2)
The Registrar will control this process in order to review the
Complaint and review it for any privacy concerns before
disclosing it to a Licensee.
Balances the privacy rights of individuals with the requirements
of a fair process and the ability of a Licensee to respond to any
allegations and the evidence in support of those allegations.
Rule 12 – Response to a Notice of Consumer Complaint Application
1) A licensee who receives a Notice of Complaint must provide a Response in
Form 10 within ten (10) business days of receiving the Notice of Complaint.
2) If a licensee does not return a Response in Form 10 within ten business (10)
days, the Registrar may apply Rule 3.
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[ATA – 11(1), 11(2)(k) and (g)]
Commentary
Rule 12(1)
Rule 12(2)
Provides the Licensee an opportunity to respond to a complaint
and be heard. Time limit is imposed to move the process
forward.
The Registrar may enforce non-compliance with Rule 12(1).
Rule 13 – VSA to serve Response to the Applicant
1) The Registrar will serve a copy of the completed Response provided by a
Licensee to the Applicant.
2) An Applicant who receives a Licensee Response under Rule 13(1) may
provide a written reply or comments by way of letter or email within 14 days
of the VSA sending the response under Rule 13(1).
3) If the Applicant does not provide a written reply to a Licensee Response
under Rule 13(2), the Registrar may continue to process the Application, and
the Registrar may apply Rule 3 if necessary.
4) Despite Rule 13(1), the Registrar may redact from a Licensee Response
information provided in confidence if
a) it reveals personal information not already in the possession of the
Applicant, and
(i)
(ii)
(iii)
there is no need to reveal the personal information in order
for the Applicant to reply,
revealing the personal information would be an unreasonable
invasion of privacy, and
revealing the personal information is not necessary for the
fair resolution of the Application.
b) it reveals financial information of a company and its disclosure is not
necessary for the fair resolution of the Application, and
c)
it reveals information disclosed in error and not related to the
Application.
[ATA 11(1) and 11(2)(g)]
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Commentary
Rule 13(1)
The Registrar will review a Response to ensure private
information is not inappropriately shared.
Rule 13(2)
Gives an Applicant an opportunity to reply to a Licensee’s
Response within a time frame to move the process along.
Rule 13(3)
Sets a time limit for a reply to be filed.
Rule 13(4)
Balances the privacy and confidentiality rights of Licensee’s and
individuals with the fair resolution of the Application.
Rule 14 – General power of Registrar to require additional records
1) The Registrar may at any time ask for any documents or statements from an
applicant or a licensee necessary to investigate and resolve a complaint, and
may set the time for the applicant or licensee to comply.
[ATA – 11(2)(c)(d)(g)(h)and (i); MDA – 7(2) and 25; and BPCPA - 151]
Commentary
Rule 14(1)
The Registrar may always request more information that in the
Registrar’s opinion is necessary to complete a review or
investigation.
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PART 4 – Application for Compensation under the Motor Dealer
Customer Compensation Fund Regulation
Rule 15 – Other Rules applicable to this Part
1) As may be modified by this Part, Rules 2, 3, 4, 6, and Part 5 (where
applicable) apply to compensation fund applications.
Commentary
Rule 15
The Registrar has authority only over the application and
investigation processes regarding compensation fund
applications. The Motor Dealer Customer Compensation Fund
Board has authority over their hearing and deliberation process
and is the adjudicator of compensation fund claims.
Rule 15.1 – How to make a Compensation Fund Claim
1) Compensation fund applicants must complete an application in Form 23 in its
entirety.
2) Where a compensation fund applicant is claiming compensation and paid
cash for the motor vehicle transaction in question, they must complete the
Cash Payment Affidavit in Form 24.
3) The Registrar may require that a compensation fund applicant provide any
other information relating to the compensation fund application that is
reasonably necessary to investigate and review the compensation fund
application.
4) If a compensation fund applicant does not complete the Form 23 in its
entirety or otherwise comply with Rule 15.1, the Registrar may apply Rule 3,
except Rule 3(1)(c) and (d).
[ATA – 11(1), 11(2)(q) - Motor Dealer Customer Compensation Fund
Regulation 8]
Commentary
Rule 15.1(1) &
(2)
Rule 15.1(3)
Establishes the form for making a compensation fund application
and requires information necessary to communicate with the
compensation fund applicant and establish jurisdiction.
More information may be necessary as the review or an
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investigation unfolds.
Rule 15.1(4)
Keeps the process moving along and allows the Registrar to end
the process if the compensation fund applicant does not
complete the Form 23 or comply with the Rule.
Rule 16 – Registrar to serve Compensation Fund Application on Licensee
1) The Registrar must serve a compensation fund application on the Licensee.
2) Before serving the Licensee under Rule 16(1), the Registrar may redact the
Form 23 compensation fund application applying Rule 11(2).
3) The Registrar may serve the Licensee in accordance with Part 5.
4) Despite Rule 16(3), if the Licensee is out of business and their current
address is unknown, the Registrar may serve the Licensee at their last known
address, or the last known records office if the Licensee is a corporation.
5) A Licensee must provide a written response (“Licensee Response”), by letter
or by email, to a compensation fund application served under this Rule within
ten (10) business days of the date of the notice letter.
6) If a Licensee does not respond within the time required under Rule 16(5), the
Registrar may continue with the compensation fund application process.
[ATA – 11(2)(c)(d)(g)(h)and (i); MDA – 30; and Motor Dealer Customer
Compensation Fund Regulation - 8]
Commentary
Rule 16(1)
The Registrar will serve a compensation fund application on the
Licensee.
Rule 16(2)
Allows private information to be removed so long as it does not
interfere with the fair resolution of the compensation fund
application.
Rule 16(3) & (4)
Sets out how service may occur and incorporates Section 30 of
the Motor Dealer Act.
Rule 16(5)
Time limit for a Licensee’s response is the same as a response to
a complaint under Rule 12.
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Rule 16(6)
Ensures the process moves along.
Rule 17 – Registrar to serve Licensee Response on Applicant
1) If a Licensee has provided a response under Rule 16, the Registrar must
provide a copy of the Licensee Response to the compensation fund applicant.
2) Despite Rule 17(1), the Registrar may redact a Licensee Response applying
Rule 13(4).
3) A compensation fund applicant may provide comments or a Reply to a
Licensee Response made under this Rule, in writing by email or letter, within
14 days of the Notice letter.
4) If a compensation fund applicant does not provide a Reply to a Licensee
Response within the time required, the Registrar may process the
Application without further submissions from the Applicant.
[ATA - 11(1) and 11(2)(g)]
Commentary
Rule 17(1)
The Registrar will serve a Licensee Response on the
compensation fund applicant, so they may comment to ensure a
fair process.
Rule 17(2)
Allows private information to be removed so long as it does not
interfere with the fair resolution of the compensation fund
application.
Rule 17(3) & (4)
Sets out how a compensation fund applicant may Reply and the
time to do so. If there is no Reply, the process will move ahead.
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PART 5 – SERVICE OF NOTICES, DOCUMENTS OR ORDERS
Rule 18 – How to file documents
1) A party may file documents by ordinary mail, certified or registered mail,
courier, fax, hand delivery or e-mail.
2) A document that is delivered by fax must include a cover page with sufficient
information to identify the sender, recipient, number of pages sent, date and
time of transmission, and a telephone number to call if there are
transmission problems.
[ATA – 11(2)(d), MDA-30]
Commentary
Rule 18
Allows filing by various means and requires properly identifying
documents, so they are not mixed up with unrelated documents.
Rule 19 – Address for delivery
1) Every party must provide written notice to the Registrar of their address for
delivery.
2) If a lawyer, agent or authorized representative represents a party, they must
provide written notice to the Registrar of their address for delivery.
3) Subject to Rule 19(4), if a party provides the Registrar with a fax number or
e-mail address, that party must accept delivery of documents by that
method.
4) If a party informs the Registrar that an e-mail address should not be used to
provide documents to that party, then the party also may not communicate
using that email address.
5) A party or a party’s lawyer, agent or authorized representative must
immediately provide written notice to the Registrar of a change in their
address for delivery.
6) If the Registrar or another party delivers a communication to a party’s
address for delivery, that party is deemed to have notice of the
communication.
[ATA – 11(2)(i) and (j); MDA - 30]
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Commentary
Rule 19
Ensures the Registrar knows where to send communications and
favours electronic communication (emails) wherever possible.
Rule 20 – Filing documents
1) A file number will be assigned to every Application. After a file number has
been assigned, a party must include the file number on all documents and
correspondence sent to the Registrar.
2) A party or any other person must include the following information when
filing any document:
a) Name of the applicant and respondent in the application;
b) Name of the person filing the document and, if applicable, his/her
lawyer, agent or authorized representative’s name;
c)
Mailing address, telephone number, and if available, an e-mail address
and facsimile number of the person filing the document or his/her
lawyer, agent or authorized representative; and
d) The file number, if available.
3) Unless the Registrar orders otherwise, when an Applicant delivers a
document to the Registrar, the Registrar will deliver a copy to the Licensee
and any other affected party.
4) In refusing to disclose a document under Rule 20(3), the Registrar will
consider:
a) The need to ensure fairness in the Application process,
b) Any prejudice if disclosure of records is not provided,
c) Any privacy or confidentiality concerns in granting disclosure, and
d) Whether disclosure will facilitate the speedy, cost-effective and fair
resolution of the Application.
[ATA – 11(2)(e), (f) and(h)]
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Commentary
Rule 20(1) & (2)
Aids in organizing records in an Application.
Rule 20(3)
This promotes fairness of the process while giving the Registrar
discretion to refuse disclosure where warranted.
Rule 20(4)
Provides factors for the Registrar to consider in making a fair and
principled decision under Rule 20(3).
Rule 21 – Delivering communications to Applicants
1) Communication may be delivered to an applicant by:
a) Mailing it to the applicant’s address for delivery by regular or
registered mail,
b) Delivering it by hand, courier or process server to the applicant’s
address for delivery, or
c) Faxing it to the applicant’s fax address for delivery.
2) Communications may be delivered to an applicant by e-mail if requested by
the applicant, and/or it is the most efficient and effective method of delivery.
[ATA – 11(2)(e), (f) and(h)]
Commentary
Rule 21(1) & (2)
The Registrar may communicate with an applicant in various
ways while favouring e-mail due to cost savings and speed.
Rule 22 – Service of Hearing Documents
1) A Hearing Notice, an Order or other documents related to a hearing may be
served by:
a) leaving a copy with the person,
b) leaving a copy with an agent of the person,
c) sending a copy by ordinary mail to the address at which the person
carries on business,
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d) sending a copy by registered mail addressed to the person to whom
delivery or service is required at the person’s last known address,
e) sending a copy by electronic mail,
f) leaving a copy in a mail box or mail slot at the address at which a
person carries on business,
g) attaching a copy to a door or other conspicuous place at the address at
which the person carries on business, or
h) transmitting a copy to a facsimile number that the person has provided
as an address for service.
2) Any document served in accordance with Rule 22(1) is deemed to be
received as follows:
a) if sent by ordinary mail or registered mail, on the fifth (5th) day after it
was sent,
b) if sent by electronic mail, or by facsimile, on the third (3rd) day after it
was sent or transmitted,
c)
if sent by leaving it in a mail box or mail slot, on the third (3rd) day
after it was attached,
d) if sent by attaching it to a conspicuous place or to a door, on the third
(3rd) day after it was attached.
3) A person who has been deemed to have received service under Rule 22(2)
may show they did not receive the documents as a result of events not
within their control and while they were acting in good faith. For example:
a)
b)
c)
d)
e)
unavoidable absence,
accident,
illness,
sent or delivered to the wrong address, or
other causes.
4) If the Registrar is satisfied that a Hearing Notice or any other document or
Order has been served in accordance with this Rule, the Registrar may:
(a) apply Rule 3, or
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(b) proceed with any hearing in the absence of the motor dealer, the
salesperson or the applicant.
[ATA – 11(2)(e), (f) and(h); MDA – 6(3), 30 and 30.1; SL Reg. 7(e) and
BPCPA – 183 and 184]
Commentary
Rule 22(1)
The ways to provide service in this Sub-Rule are taken from
Sections 183 of the Business Practices and Consumer Protection
Act and Sub-section 30(1) of the Motor Dealer Act.
Rule 22(2)
The deemed delivery dates are taken from Sections 184 of the
BPCPA and sub-section 30(2) of the MDA.
Rule 22(3)
Allows a person to show they did not receive a document due to
factors not within their control. This is taken from Section 30(2)
of the MDA.
Rule 22(4)
Allows the continuation of the process so that a person cannot
stop the process by refusing service. This is taken from Section
6(e) of the MDA and Section 7(e) of the Salesperson Licensing
Regulation.
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PART 6 – PRE-HEARING PROCEDURES
Rule 23 – Compelling disclosure of Records
1) Upon a written request, a Licensee must provide to the Registrar or a person
authorized by the Registrar any information related to an application within
10 days of the date of the written request.
2) The Registrar may issue to any person a Production Order in Form 14(b)
where the Registrar is satisfied that:
a) there are reasonable grounds to believe that records are in the
custody or control of the person,
b) the records sought are relevant to a hearing, an application or an
investigation of a complaint, and
c) there is no other means to obtain the records.
3) A person seeking the production of records held by another person may apply
to the Registrar for a Production Order using Form 14(a), and which:
a) meets the requirements of Rule 23(2),
b) identifies the person requesting the production of records, and
c) attaches any documents to support the request.
4) A person who does not comply with a Production Order may be held in
contempt upon application to the B.C. Supreme Court.
5) It is a condition of a Licence for a Licensee to comply with a Production
Order. Any Licensee who does not comply with a Production order may:
a) be held in contempt upon application to the B.C. Supreme Court,
b) may be subject to an Administrative Penalty, and
c) may have their licence suspended or cancelled.
[ATA – 11(2)(c); MDA – 7, 25; BPCPA – 150 to 151 and 164; SL Reg. – 8]
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Commentary
Rule 23(1)
This language is from section 25(1) of the MDA requiring
licensees to produce records.
Rule 23(2)
Identifies the Registrar’s considerations in issuing a Production
Order.
Rule 23(3)
Sets out how someone who is a part of an application can
request the Registrar order production of relevant records.
Rule 23(4) & (5)
Identifies the consequences of none compliance and is consistent
with the authority in the MDA and the BPCPA.
Rule 24 –Pre-Hearing Conference
1) The Registrar may issue a written notice directing the parties and any
interveners to participate in one or more pre-hearing conferences.
2) A party to an application may ask the Registrar to convene a pre-hearing
conference in order to:
a) seek directions on pre-hearing and the hearing processes,
b) seek an order regarding production of documents,
c) address any issues regarding witnesses,
d) clarify any issues or questions of law, or
e) address any matter that will promote the speedy, just and costeffective resolution of the Application.
3) A notice of pre-hearing conference will set out:
a) The date, time, location or phone number for the pre-hearing
conference, and
b) The conference agenda.
4) If a party fails to participate in a pre-hearing conference without satisfactory
advance explanation to the Registrar, the conference may proceed in that
party’s absence.
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5) A conference report will be issued recording the orders, directions,
agreements and undertakings made at the pre-hearing conference.
[ATA – 11(2)(a)]
Commentary
Pre-Hearing conferences are useful to streamline hearings, especially where the
issues and the evidence are complex.
Rule 24(1)
General power for the Registrar to convene a pre-hearing
conference.
Rule 24(2)
The parties involved may ask for a pre-hearing conference to
deal with the defined subjects.
Rule 24(3)
Ensures the purpose of the pre-hearing conference is
communicated to ensure fairness.
Rule 24(4)
Allows a pre-hearing conference to move ahead if a party does
not attend without advising why they will be absent.
Rule 24(5)
This provision is to ensure all parties are aware of the outcome
of the pre-hearing conference to ensure fairness.
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PART 7 – DISPUTE RESOLUTION PROCEDURES
Rule 25 – Dispute Resolution Process
1) At any time during the application process, a party may apply to have the
VSA conduct a dispute resolution process to explore the potential for
settlement of all or part of an application.
2) A party may, at a pre-hearing conference, request that a dispute resolution
process be conducted. If the parties agree to such a request, subparagraphs
3 and 4 of this Rule do not apply.
3) If a party wishes to apply for a dispute resolution process other than in a
pre-hearing conference, an application under subparagraph 1 of this Rule
must:
a) be made to the Registrar in writing,
b) specify what issues are proposed for the process and the reasons why
the party believes that to be appropriate in the circumstances, and
c) be copied to the other parties to which the process applies, and within
15 days of receiving a copy of the request, may make written
submission to the Registrar in support of a process or objecting to the
process with reasons for their objections.
4) The Registrar may not order the parties participate in a dispute resolution
process where a party objects under sub-rule 25(3)(c).
5) Where a dispute resolution process is to proceed, the Registrar will advise
whether the process will be conducted by a staff person or another person
and where necessary, establish Terms of Reference.
6) Before commencing a dispute resolution process, the Registrar or the person
responsible for the process will confirm agreement on procedural issues
necessary for an effective process such as:
a) confirming the purpose of the process and the specific issue(s) to be
addressed,
b) determining who will be present for and represent the parties, and the
extent of the representative’s authority to enter into a binding
agreement,
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c) determining whether written submissions will be used,
d) determining whether any third parties will be involved in the process,
e) the process for confirming in writing any resulting agreement,
f) the process for seeking a consent order, if applicable, and
g) when and how the dispute settlement process may be terminated.
7) A resolution arrived at under this Rule does not prevent the Registrar from
investigating and taking compliance action for a breach of the law.
8) Section 29 of the ATA applies to this Rule.
[ATA – 11(2)(b), 28 & 29]
Commentary
Settlement of an application may be an appropriate, timely and cost-effective
means to deal with a dispute. However, the resolution of any regulatory issues may
favour a more formal hearing process before the Registrar.
Rule 25(1)
Allows any person to ask for a dispute resolution process.
Rule 25(2)
Allows a pre-hearing conference to be converted to a dispute
resolution process if it will facilitate the resolution of issues.
Rule 25(3)
Details how to apply for a dispute resolution process and ensures
all parties are informed and can make submissions on the
request.
Rule 25(4) & (5)
Identifies who will conduct the dispute resolution process and
how it will proceed.
Rule 25(6)
Identifies those items requiring agreement on the process to be
followed.
This recognizes that the Registrar is required to administer the
law in the public’s interest, and not just the interest of the
individual complainant /applicant.
Rule 25(7)
Rule 25(8)
Section 29 of the ATA applies which provides a measure of
confidentiality over what is said and any documents prepared
and used specifically for the dispute resolution process.
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PART 8 - COMPELLING WITNESSES AND ORDERING DISCLOSURE
Rule 26 – Order to Attend / Summons
1) At any time before or during an application, the Registrar may make an order
requiring a person:
a) to participate in a telephone conference call or an in-person hearing to
give evidence that is admissible and relevant to the application, or
b) to produce for the Registrar, or a party, a document or other thing in
the person’s possession or control, as specified by the Registrar, that is
admissible and relevant to an issue in the application.
[ATA – 11(2)(c), (d), 34(3) and (4); BPCPA - 151]
Commentary
Rule 26(1)
General power of the Registrar to compel attendance at a
hearing and to produce records.
Rule 27 – Applying to compel participation and order disclosure
1) A party may apply to the Registrar in writing for an order requiring a person:
a) to participate in a telephone conference call or in-person hearing to
give evidence that is admissible and relevant to the application, or
b) to produce for the Registrar, or a party, a document or other thing in
the person’s possession or control as specified by the Registrar that is
admissible and relevant to an issue in the application.
2) The party applying for an order under Rule 27(1) must serve a copy of the
application to the person who is the subject of the requested order along with
a copy of Rule 27(3).
3) A person who receives a copy of a request under Rule 27(2) has 14 days
from receipt of the request to provide written submissions to the Registrar:
a) consenting to the order,
b) objecting to the order with reasons for the objection, or
c) taking no position regarding the granting or not of the order sought.
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4) The Registrar may not make a decision under this Rule until the Registrar has
received a response under Rule 27(3) or the time for a response under Rule
27(3) has expired.
[ATA – 11(2)(c), (d), (g); 34(3) and (4); BPCPA - 151]
Commentary
Rule 27(1)
How a party may request the attendance of persons at a hearing
or to produce records.
Rule 27(2)
This sub-rule ensures fairness of the process by giving the
affected party an opportunity to respond to the request.
Rule 27(3)
When and how a party must respond under sub-rule 27(2).
Rule 27(4)
Ensures the Registrar does not make a decision before all parties
have had an opportunity to make submission on the requested
order.
Rule 28 – Amending or cancelling a Summons to a Witness
1) A witness who is summoned or ordered to produce records may apply to
amend the terms of, or cancel, the summons by delivering a written request
to the Registrar that explains the reason(s) the summons or order should be
cancelled or its terms should be amended.
2) An application to amend the terms of, or to cancel, a summons to a witness
or order to produce records must also be delivered to the person summoning
the witness or requesting the production of records.
3) Except in extenuating circumstances, the person summoning the witness will
have an opportunity to be heard before amending the terms of, or cancelling,
a summons to a witness.
[ATA – 11(2)(c), (d), (w), 34(3) and (4); BPCPA - 151]
Commentary
Allows revisiting an order made under Rule 27 as circumstances unfold. As records
are searched, it may become necessary to modify an order. A witness may become
unavailable and an order under Rule 27 needs to be amended.
Rule 28(1)
How a party may apply to amend an order made under Rule 27.
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Rule 28(2)
Ensures the initial requesting party is informed of the request.
Rule 28(3)
All persons are to be heard to ensure fairness except where
extenuating circumstances exist.
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PART 9 – HEARING PROCEDURES
Rule 29 – When a Hearing will be held
1) In order to ensure uniform and continued compliance, the Registrar may
direct issues involving motor dealers, salespeople and applicants of
complaints to a Hearing where
a) there has been a violation of the MDA or BPCPA or their regulations,
b) the past or present conduct of a dealer or salesperson, or an applicant
for a salesperson licence or a motor dealer registration, may be of
concern to the public interest,
c) a claim has been paid out of the Fund involving the conduct of a
salesperson or motor dealer, or
d) generally, the public interest may require a review of a licensee.
2) A Hearing will be arranged for a dealer, salesperson or applicant of a
complaint where the Registrar proposes to
a) refuse to register or renew a registration of licence,
b) issue a compliance order or administrative penalty, or
c) suspend or cancel a registration or licence.
[ATA – 11(1); MDA – 6 & 8.1; BPCPA – 155, 164-166; SL Reg. 7]
Commentary
Rule 29(1)
This covers the Registrar’s legal jurisdiction to review licensees.
Rule 29(2)
This is required by the legislation.
Rule 30 – Notice and Form of Hearing
1) The Registrar will at the earliest practicable date notify the parties and
interveners of the form of hearing, and if the hearing is an oral hearing, the
date, time and location for the oral hearing.
2) Hearings will be written hearings unless the Registrar orders an oral hearing.
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3) If a written hearing is held, the Registrar will provide directions regarding the
process and timeframe for submissions and for providing any evidence.
4) In ordering an oral hearing, the Registrar shall consider:
a) whether there is disagreement in the evidence that requires
examination and cross-examination of the parties or any witnesses
under oath or affirmation,
b) whether the allegations are such that a licensee may be in jeopardy
of having their licence revoked,
c) whether an oral hearing is preferable to ensure fairness in the
process,
d) the balance of convenience and the cost to the parties and the VSA in
having an oral hearing,
e) any factor that will affect the fair, timely and cost-effective resolution,
and
f)
the circumstances of the particular issues.
5) Any party may request in writing that the Registrar convene an oral hearing
and must state the reasons why and provide any evidence in support of that
request. The Registrar will consider the factors in Rule 30(4) in determining
whether to hold an oral hearing or not.
6) A person may participate in an oral hearing by way of teleconference or
videoconference.
7) Despite Rule 30(6) a party or the VSA may request that the Registrar
Summons a person to attend a hearing in person to provide oral evidence if:
a)
it is necessary to question the person, and their presence will
enhance the quality of the evidence they provide, or
b)
the evidence is complex and technical.
[ATA – 11(1) & 36; MDA – 6 and 8.1; MDA Reg. 29; SL Reg. – 7; BPCPA – 155
and 164]
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Commentary
Paper hearings are preferred because of the time and costs associated with oral
hearings.
Rule 30(1)
Parties will be advised how the hearing will proceed.
Rule 30(2)
Paper-based hearings are the default hearing.
Rule 30(3)
The Parties will be advised how written hearings will be held.
Rule 30(4)
The Registrar will consider these factors and others to ensure the
process is fair.
Rule 30(5)
Allows a party to request an oral hearing.
Rule 30(6)
Allows a person to participate via phone or video to reduce costs
of travel and time.
Rule 30(7)
Allows calling persons to appear in person where the quality of
the evidence would be enhanced, especially for complex and
technical evidence.
Rule 31 – Public access and recording of Hearings
1) Oral hearings will be open to the public unless the Registrar orders otherwise
for all or part of the hearing.
2) A party may request that a hearing, in whole or in part, be closed to the
public by making a written request to the Registrar stating the reasons to
close the hearing and attach any evidence in support.
3) In deciding to close the hearing in whole or in part, the Registrar shall
consider the following factors:
a) the importance of open public hearings, so the public can see justice
is administered fairly and in accordance with the law,
b) whether a public hearing will negatively impact the fair adjudication
of the application,
c) whether a public hearing will make public, law enforcement and
investigation techniques used by the VSA and which will negatively
impact on the VSA’s ability to investigate,
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d) where informer privilege or another legal privilege requires a closed
hearing in whole or in part, and
e) any other factor which shows that a closed hearing is necessary to
ensure fairness in the proceeding.
4) All oral hearings will be officially recorded.
5) A party wishing to receive a copy of a hearing transcript must request one
from the VSA and may be required to pay the costs to produce a transcript.
6) No person, other than the court reporter, may take or make electronic
records or photographs at a hearing.
[ATA – 11(2)(p), 35 and 41]
Commentary
The “open court” principle applies to tribunals such as the Registrar.
Rule 31(1)
Default is that the Registrar’s hearings are open to the public.
Rule 31(2)
A party may request a closed hearing, but must provide good
reasons for doing so.
Rule 31(3)
Factors for the Registrar to consider in closing a hearing to the
public consistent with the common law.
Rule 31(4)
All VSA hearings are recorded.
Rule 31(5)
The VSA controls the provision of a transcript to ensure privacy
where warranted and if part or all of the hearing was closed to
the public.
Rule 31(6)
Respects the privacy of all parties.
Rule 32 – Participation at Hearings by Parties and Witnesses
1) All parties may make submissions on any question of fact, law or policy
pertaining to an application.
2) At an oral hearing, a party may make submissions orally, in writing or a
combination of oral or written.
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3) The parties may provide joint submissions and agreed statements of fact to
expedite the adjudication of the application.
4) All witnesses who are not a party to a hearing shall be excluded from the
hearing until called to give evidence, unless the Registrar orders otherwise.
[ATA – 11(2)(e),(f) and (s)]
Commentary
Rule 32(1)
Parties may participate fully.
Rule 32(2)
Parties have flexibility in how they provide their submissions.
Rule 32(3)
The parties may agree on certain joint submissions or
statements of fact.
Rule 32(4)
Excluding witnesses helps to prevent a witness manufacturing
evidence to meet prior witness testimony or does not
“taint/influence” a witnesses’ memory.
Rule 33 – Order of presentation at oral Hearings
1) Unless the Registrar otherwise orders prior to the hearing or at the hearing,
the order of presentation and related questioning at an oral hearing will be as
follows:
Opening
a) Opening comments by the Registrar
b) Introduction of all parties
Evidence
c) Presentation of Notice to Attend a Hearing before the Registrar and the
reason(s) for the Hearing
d) Registrar asks a dealer or a salesperson if they admit or deny the
allegation
e) Presentation of evidence by VSA staff and/or witnesses
f) Questions of VSA staff and witnesses by Motor Dealer, Salesperson,
Applicant and/or their lawyer
g) Presentation of evidence by Motor Dealer, Salesperson, Applicant
and/or their lawyer
h) Questions of Motor Dealer, Salesperson Applicant and/or their lawyer
by the VSA staff and/or witnesses
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Closing
i)
Closing comments from Motor Dealer, Salesperson, Applicant and/or
their respective lawyer(s), VSA staff and/or respective witnesses
j) Closing comments and submissions by any interveners
k) Closing comments by Registrar
2) During the Hearing, the Registrar may ask questions and may modify the
hearing process where necessary to ensure fairness and an efficient process.
[ATA – 11(1) and 48]
Commentary
Rule 33
Follows the typical court process to ensure all parties have an
opportunity to present their case. Sub-rule (2) reserves the right
of the Registrar to ask any questions.
Rule 34 – Evidence at Hearings
1) Parties may file an agreed statement of facts, which will be determinative of
those facts for all purposes of the application. The parties are encouraged to
explore this possibility as it has the potential to reduce time, expense and
complexity at Hearings.
2) Evidence will be taken under oath or by affirmation.
3) The Registrar is not bound by the rules of evidence that apply in a court of
law. The Registrar may in their discretion decide whether to admit evidence,
its relevance and the amount of weight to be given to it.
4) All documents filed in advance of a Hearing will be admitted into evidence
without authentication for consideration by the Registrar unless a party
specifically objects and the Registrar rules otherwise.
5) When presenting documents at the Hearing each party will provide copies to:
a) the Registrar,
b) each party with participation status at the Hearing,
c) the Hearing Secretary,
d) witnesses, as necessary for the purpose of questioning, and
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e) the Court Reporter
6) Documents presented at the Hearing but not previously disclosed will not be
considered unless the Registrar determines otherwise.
7) Where a party objects to the Registrar receiving or considering evidence, the
Registrar may make a decision on that question at the time, or it may receive
the evidence and consider the objection in the course of rendering its
decision on the case.
[ATA – 11(1), 11(2)(e),(f) and (s)]
Commentary
Rule 34
Allows evidence to be admitted at a hearing by different
methods. It recognizes that the Registrar has greater flexibility
than a court in receiving and considering evidence.
Rule 35 –Adjournments
1) The Registrar may adjourn a Hearing at any time on his or her own initiative.
2) A party may file an application to request an adjournment of the Hearing
including reasons as to why the application is being made, and must provide
a copy to the parties.
3) Any party or intervener receiving a copy of an application for adjournment
may file with the VSA any submissions it may have on the adjournment
application within three (3) days of the date of the application.
4) In deciding whether or not to grant an application for adjournment, the
Registrar will take into account the following factors:
a) the reason for the adjournment,
b) whether the adjournment would cause unreasonable delay,
c) the impact of refusing the adjournment on the other parties,
d) the impact of granting the adjournment on the other parties, and
e) the impact of the adjournment on the public interest.
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5) If a hearing is adjourned, the Registrar may order any terms and conditions
respecting rescheduling, attendance at settlement conferences, production of
documents or reports, or any other matters which may assist with the fair
and efficient conduct of the hearing.
[ATA – 11(2)(n) and 39]
Commentary
Rule 35
Allows for adjournments and provides considerations for the
Registrar to ensure a decision to adjourn is fair and after all
parties have had an opportunity to make submissions on the
request.
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PART 10 – POST HEARING PROCEDURES
Rule 36 – Registrar’s Decision
1) The Registrar may issue an oral or written decision.
2) Where required by the Registrar for preparing reasons, a Hearing transcript
will be ordered.
3) Where the Registrar chooses to render a written decision, the Registrar
should complete the decision within 90 days of the last hearing date.
4) Despite sub-rule 36(3), where due to illness, to other factors beyond the
control of the Registrar or the VSA, or because the issues are complex or the
evidence is voluminous, the Registrar may render a decision as late as 180
days after the last hearing date.
5) Registrar’s decisions are a public record to be published on the VSA’s
website.
[ATA – 11(1), 11(2)(u) and 61]
Commentary
Rule 36
Provides a service standard for the Registrar to complete a
decision.
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PART 11 – APPLYING FOR RECONSIDERATION
Rule 37 – Applying for Reconsideration
1) The Registrar may reconsider a Compliance Order or Administrative Penalty
issued under the BPCPA.
2) A consumer complaint applicant whose complaint has been dismissed by the
Registrar does not have a right to Reconsideration.
3) A licensee applying for Reconsideration of a Compliance Order or
Administrative Penalty must, in writing:
a) identify the decision to be reconsidered,
b) explain the reasons for the reconsideration;
c) attach and identify how evidence that is:
(i) new evidence that did not exist at the time of the hearing and
how it came to the attention of the applicant, or
(ii) not new evidence, was recently discovered and why it was not
obtained prior to the original hearing and brought to the original
hearing, and
(iii) substantial and material to the Reconsideration of the
Compliance Order and/or the Administrative Penalty.
4) The Registrar may require any party provide additional information or
evidence to ensure the fair adjudication of a Reconsideration request.
5) The Registrar may reject a reconsideration request or may grant a
reconsideration request.
6) If a Reconsideration request is granted, the Registrar will conduct the
reconsideration or assign a person to conduct the reconsideration hearing.
7) A Reconsideration hearing will follow the normal hearing process unless
ordered otherwise.
8) Once a decision is made on an application for Reconsideration, it cannot be
reconsidered again.
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[ATA – 11(1); BPCPA – 180, 181 and 182]
Commentary
Rule 37
Allows for reconsideration of Compliance Orders and
Administrative Penalties made under the BPCPA. This follows the
procedure set by the BPCPA.
Rule 38 – Time limit for applying for Reconsideration
1) The applicant should deliver the application for reconsideration as soon as
possible after the Registrar’s decision, but in any event within 30 days after
the date of the Registrar’s decision.
2) If the applicant delivers the application for reconsideration more than 30
days after the date of the Registrar’s decision, the applicant must provide
written reasons for the delay.
[ATA – 11(1); BPCPA – 180, 181 and 182]
Commentary
Rule 38
Sets the time for applying for a reconsideration of Compliance
Orders and Administrative Penalties made under the BPCPA. This
follows the time set by the BPCPA.
Registrar’s Rules of Practice and Procedure – last update May 27, 2016
43 | P a g e
PART 12 – FORMS
Rule 39 - Forms
1) The following Forms are established and are in Schedule “A”.
[ATA – s. 11(2)(q)]
Consumer Complaint Applications
Form 8: Consumer Complaint Form
Form 9: Consent to Disclose Personal Information Form
Form 10: Motor Dealer Response to Consumer Complaint Form
Hearings
Form
Form
Form
Form
Form
11: Hearing Notice
12: Summons to a Witness
13: Affidavit of Service
14(a): Request for a Production Order
14(b): Production Order Template
Compliance & Enforcement
Form
Form
Form
Form
Form
Form
Form
Form
Form
15: Compliance Order – BPCPA
16: Notice of Administrative Penalty – BPCPA
17: Undertaking – BPCPA
18: Undertaking – MDA
19: Notice of Conditions Added to Licence
20(a): Notice of Dealer Suspension
20(b): Notice of Salesperson Suspension
21(a): Notice of Dealer’s Licence Cancelation
21(b): Notice of Salesperson’s Licence Cancelation -
Motor Dealer Customer Compensation Fund
Form 23: Claim Application
Form 24: Cash Payment Affidavit
Registrar’s Rules of Practice and Procedure – last update May 27, 2016
44 | P a g e
Schedule “A”
Registrar’s Rules of Practice and Procedure – last update May 27, 2016
45 | P a g e
Vehicle Sales Authority of BC
Consumer Complaint Form
The Vehicle Sales Authority of BC (the “VSA”) has authority to administer the Motor Dealer Act and certain parts
of the Business Practices and Consumer Protection Act and can only investigate consumer transaction complaints
involving:
•
•
•
a motor vehicle;
a licensed motor dealer or salesperson; and
a consumer transaction.
There are limitations on the VSA’s authority which are noted in the form below. We recommend that you check
your eligibility before filing a complaint. If you are affected by any of the limitations, you may wish to consult a
lawyer to determine if you have any other legal remedies.
If you have questions regarding the VSA complaint process or about completing this form, please visit our
website at www.vehiclesalesauthority.com or contact Consumer Services at 604.575.7255 or toll-free at
1.877.294.9889
How to file a complaint:
Step 1. Fill out the Consumer Complaint Form, print a copy and sign it.
Step 2. Attach required documentation:
a) A copy of your current Vehicle Registration Form (if applicable);
b) A copy of sale, lease or consignment agreement (if applicable);
c) For a deposit complaint, proof of payment of the deposit, a copy of the deposit agreement or receipt.
Attach all relevant supporting documentation, including ICBC Transfer/Tax Form APV9T, worksheets, deposit
receipts, ICBC vehicle damage enquiries, CarProof, CarFax or other vehicle history reports, and other relevant
documents.
Step 3. Send your Consumer Complaint Form with attachments to the VSA Consumer Services:
By e-mail:
[email protected], or
By mail:
Vehicle Sales Authority of BC
Suite 208 - 5455 152nd Street, Surrey, BC
By fax:
604.574.5883
V3S 5A5, or
IMPORTANT: Providing false and misleading information is an offence under the Motor Dealer Act. Completing
all applicable fields of this form will ensure that the VSA receives sufficient information to fully address your
concern. Incomplete applications will cause process delays.
Section 1: Who is filing the complaint?
Limitation: The VSA can only investigate complaints filed by individuals, not a corporation, partnership or any
other kind of business.
Part A. Complainant’s contact information
Complainant is the individual who entered into the transaction with the dealership and whose name appears on the
sale, lease, consignment or deposit agreement/worksheet.
First name
Last name
Address
City
Province
Home phone
Work phone
VSA Consumer Complaint Form / Version 6 / April 2015
Postal code
Page 1 / 6
Cell phone
E-mail
First name
Last name
Address
City
Province
Home phone
Work phone
Cell phone
E-mail
Postal code
Part B. Helper’s contact information (complete if applicable)
Helper is the person who helped you to complete this form.
First name
Last name
Address
City
Province
Home phone
Work phone
Cell phone
E-mail
Postal code
Part C. Legal representative’s contact information (complete if applicable)
Legal representative is the person legally authorized to act on your behalf.
First name
Last name
Address
City
Province
Home phone
Work phone
Cell phone
E-mail
Postal code
Legal authority for representation (list and attach supporting documents):
Section 2. Consent to disclose your complaint status
Limitation: To meet privacy requirements, the VSA can only provide complaint information to complainants or
authorized third parties.
If you are the complainant and wish to authorize the VSA to provide information from your case file to anyone
other than yourself (or your legal representative), we need your Consent to disclose personal information.
The individual you designate will be able to obtain information such as the status of your complaint and/or receive
copies of correspondence about your complaint
If applicable, please complete and attach to your complaint form an Authorization for Release of Personal
Information and Records
Authorization attached
Yes

No 
Section 3, Who is the complaint against?
Limitation: The VSA can investigate consumer transaction complaints involving licensed BC motor dealers and
salespeople.
Name of the company
Address
City
VSA Consumer Complaint Form / Version 6 / April 2015
Province
Postal code
Page 2 / 6
Salesperson
Manager (General  Sales  Business )
Section 4. Vehicle and transaction
Limitation: The VSA can only investigate complaints involving motor vehicles as defined by the Motor Vehicle Act.
“Motor vehicle” means a self-propelled vehicle designed or used primarily for travel on a highway (the Highway
Act), and includes a trailer (the Motor Vehicle Act), designed or used primarily for accommodation during travel or
recreation, but does not include an all-terrain vehicle (the Motor Vehicle Act Regulations), a farm tractor or motor
assisted cycle (the Motor Vehicle Act), or machinery primarily intended for construction, mining or logging
purposes (the Motor Dealer Act)
Vehicle
Year:
Make:
Model:
Vehicle identification number (VIN)
VIN is a unique serial number that identifies a motor vehicle. Recreational Vehicles (RV) have 2 VINs – one for the
chassis and one for the coach.
VIN:
(for an RV, this is the VIN noted on your registration)
VIN 2: _____________________________________________
(for RV’s only - this is the coach VIN)
Registration number: ________________________________________________________________
(as stated on the ICBC Transfer/Tax Form or Vehicle Registration)
Odometer reading:
At purchase
Now
Transaction
Date of payment a deposit:
Date of purchase / lease / consignment
Deposit amount:
Price:
Financed

With trade-in:
Yes
Leased

No


__
(before taxes, extras)
Cash

Yes

Extended warranty:
No

Section 5. Vehicle’s use
Limitation: The VSA can investigate complaints that involve consumer transactions. That means a transaction by
an individual and with respect to a vehicle primarily intended for personal use. A vehicle’s use is determined at the
time of the transaction.
Personal use means the vehicle is owned by an individual and is used for personal, family or household purposes
and not used to try and generate income.
Example: Using the vehicle to go to and from work, school or shopping is considered personal use.
Business use means the vehicle is owned by an individual and is used to try and generate income.
Example: Using a vehicle to meet clients or make deliveries as part of a job is considered business use.
A complainant must provide evidence of the vehicle’s use. This evidence is necessary to establish the VSA’s
authority to use its statutory powers and investigate.
A.
At the time of transaction, what was the intended use of the vehicle:
% for personal use;
____% for business use
B.
Attach supporting documents:
Certificate of insurance showing declared vehicle use at the time to the transaction
A copy attached 
C.
If a percentage of the intended use was for business, what was the intended business use:
D.
If a percentage of the intended use was for business, attach the following supporting documents:
Portions of the complainant’s income tax return showing the declared percentage of
business use of a vehicle. Include copies for the tax year in which the transaction
happened plus for the next 2 years (if a vehicle is owned for more than 2 years)
VSA Consumer Complaint Form / Version 6 / April 2015
A copy attached

Page 3 / 6
Detailed statement about the use of the vehicle
A copy attached

Other documentation, such as evidence how the vehicle was used after purchase
Section 6. Reasons of the complaint
A copy attached

Please list the events related to your complaint in the order they occurred. Include names of salesperson and/or
manager you dealt with. If needed, please attach a more detailed statement to this form. It is preferable to type
your statement.
IMPORTANT: See Section 10. Terms of service (page 6) for information about your responsibility to provide
information that is complete, true and accurate to the best of your knowledge and belief.
Additional statement attached: Yes 
No

Section 7. Required and supporting documents
Did you receive the following documents / information at the time of the transaction?
(Please attach a copy if applicable)
Worksheet
Written

A copy attached

None

N/A

Deposit agreement
Written

A copy attached

None

N/A

Deposit receipts
Written

A copy attached

None

N/A

Sale agreement
Written

A copy attached

None

N/A

Finance agreement
Written

A copy attached

None

N/A

Lease agreement
Written 
A copy attached

None

N/A

Consignment agreement
Written

A copy attached

None

N/A

Warranty information
Written

A copy attached

Verbal

None

N/A

Mechanical condition report
Written

A copy attached

Verbal

None

N/A
Vehicle history report
Written

A copy attached

Verbal

None

N/A

Vehicle registration
Written

A copy attached

None

N/A

ICBC Tax Transfer Form (APV9T)
Written

A copy attached

None

N/A


Please list and attach any other documents relevant to your complaint:
VSA Consumer Complaint Form / Version 6 / April 2015
Page 4 / 6
Section 8. Dispute resolution
What do you want the dealership to do to resolve your complaint?
Have you made this known to the dealer?
No

Yes

Did you receive a response from the dealership?
In writing 
A copy attached
Verbally
(Please list below who did you speak
to and when)
No



Yes  In writing 
Verbally

A copy attached

(Please provide the response
below)
Section 9. Additional information (That will not affect your complaint)
How did you find out about the VSA?
Advertising:
Print 
Radio 
TV 
Online 
Other  __________________
Automotive industry:
ARA 
CVSE 
NCDA 
RVDA 
Other  __________________
Consumer organization:
BBB 
Consumer Protection BC 
Auto insurance broker 
Internet search 
BCAA 
News feature 
ICBC 
Other  __________________
Automotive dealer  ___________________________
Personal referral 
Lawyer 
Courts 
Police 
Other  ____________________________________________________________________________________
Was this your first vehicle purchase?
Yes 
No 
How did you pick the dealership that you bought from?
Advertising:
Word of mouth 
Print 
Drop in 
Radio 
TV 
Previous purchase 
VSA Consumer Complaint Form / Version 6 / April 2015
Online 
Other  _______________________
Other 
_________________________________
Page 5 / 6
Did you take the vehicle for a mechanical inspection prior to purchase / lease?
Yes 
No 
Dealer provided 
Dealer did not allow 
Section 10. Terms of service
Your private information
The information that you provide is collected in accordance with the VSA Privacy Policy and is needed to evaluate
your complaint to establish the VSA’s jurisdiction and to conduct an investigation or undertake administrative
action. This information may need to be shared with the dealership against whom the complaint has been made.
By sending a complaint to the VSA you are authorizing the release of this information for investigative and
statistical purposes and taking administrative action including hearings before the Registrar which are published on
the VSA’s website.
The VSA may, at its discretion, contact any third parties, whether named on this Complaint Form or not, who may
have information relevant to this complaint. Such third parties include, but are not limited to, dealerships, repair
facilities, law enforcement agencies, insurance companies, providers of extended warranties and other agencies as
required.
Your responsibilities
All information that you submit in support of your Consumer Complaint to the VSA must be true and accurate to
the best of your knowledge and belief.
Knowingly or recklessly providing false or misleading information is an offence under the Motor Dealer Act
punishable by fine, imprisonment or to both. Being reckless is providing any type of information without concern
that the information is true or not.
Section 11. Survey consent
To provide better public services in the future, the VSA conducts electronic surveys. Participation is voluntary and
you may revoke your consent at any time.
Are you willing to participate in a survey?
Yes 
(initials)
No 
(initials)
E-mail address:
Section 12. Acknowledgments and signatures
By signing below, I confirm that:
1. The information provided by the undersigned in support of this Consumer Complaint to the VSA is complete,
true and accurate to the best of my knowledge and belief.
2. The VSA may use and disclose the information contained in this Complaint Form for investigative and statistical
purposes and taking administrative action including hearings before the Registrar which are published on the VSA’s
website.
Complainant
Complainant (if applicable)
Signature:
Signature:
Name:
Date:
first name
day
month
last name
year
Name:
Date:
first name
day
last name
month
year
Legal Representative for Complainant (if applicable)
Signature:
VSA Consumer Complaint Form / Version 6 / April 2015
Page 6 / 6
Name:
Date:
first name
day
month
last name
year
VSA Consumer Complaint Form / Version 6 / April 2015
Page 7 / 6
Authorization for Release of Personal Information and Records
Pursuant to section 33.1(1)(b) of the
Freedom of Information and Protection of Privacy Act R.S.B.C. 1996 c.165
I
, being 19 years of age or older, authorize the
complainant’s full legal name
the Motor Vehicle Sales Authority of British Columbia (the “VSA”) to disclose information,
including my personal information, related to my consumer complaint to the VSA dated
with respect to my transaction with
date of your Consumer Complaint Form
to
,
motor dealer’s name
third party’s full legal name
so that this individual may:
□
□
Enquire about the status of my complaint with the VSA;
Receive copies of the correspondence from the VSA related to my complaint.
Dated this
day
day of
, 20____.
month
year
Complainant
(please sign in the presence of a witness)
Witness
(Any person over the age of 19 who is present
at the signing of this document by the
complainant except for the complainant and the
third party that the authorization is given to)
Signature:
_____________________
Signature:
_________________________
Name:
______________________
Name:
_________________________
Occupation:
_________________________
Third Party
(The person whom you are authorizing to receive correspondence and/or make enquiries about
your complaint)
Name:
______________________
Signature:
Phone number:
______________________
Email address: _________________________
Mailing address: ______________________
_________
Suite 208 - 5455 152nd Street
Surrey, British Columbia
V3S 5A5
Version 8, August 17, 2015
Telephone
Toll Free
Facsimile
604.575.7255
1.877.294.9889
604.574.5883
_________________________
Email [email protected]
Web www.vehiclesalesauthority.com
Motor Dealer Response
to Consumer Complaint
There are three steps to file a Motor Dealer Response to Consumer Complaint:
Step 1
Fill out the Motor Dealer Response to Consumer Complaint, print a copy and sign it.
Step 2
Attach required and supporting documentation.
Step 3
Send your Motor Dealer Response to Consumer Complaint with attachments to the Motor Vehicle Sales Authority
of BC:
By e-mail to:
[email protected], or
By mail to:
Motor Vehicle Sales Authority of BC
Suite 208 - 5455 152nd Street, Surrey, BC
By fax to:
604.574.5883
V3S 5A5, or
If you have questions regarding completing this form, please contact Consumer Services at 604.575.7255 or tollfree at 1.877.294.9889.
IMPORTANT:
Completing all applicable fields of this form will ensure that the VSA receives sufficient information to fully address
your position with respect to this consumer complaint.
See Section 5. Terms of Reference, page 3, for information about disclosure of this document.
Section 1: Complaint Details
Complainant:
First name
Last name
Vehicle:
Year:
Make:
VIN:
Model:
(for an RV, this is the VIN noted on your registration)
Registration number:
VIN 2: ______________________________________
(for RV’s only - this is the coach VIN)
________________________________________________________________
Section 2: Who is filing the Motor Dealer Response
Name of the company
Dealer License #
First name
Last name
Job title
Salesperson License #__________________________
Work phone
Cell phone
E-mail
Version 2, May 29, 2013
Page 1 / 4
Section 3. Your response to the complainant’s allegations
Please list the events related to your response in the order they occurred prior to, during and after motor vehicle
sale, lease, consignment, or taking of the deposit. Include names of salespeople, managers, consumers involved
in the transaction. If needed, please attach a more detailed statement to this form. It is preferable to type your
statement.
IMPORTANT: See Section 5. Terms of Reference (page 3) for information about your responsibility to provide
information that is complete, true and accurate to the best of your knowledge and belief.
Version 2, May 29, 2013
Page 2 / 4
Additional statement attached: Yes 
No

Section 4. Required and supporting documents
Pursuant to Section 25 of the Motor Dealer Act you are required to provide all documents pertaining to this complaint,
including all written records related to the above transaction. Such documents include but are not limited to:
Advertisement
A copy attached

N/A

Buy in documents
A copy attached

N/A

Vehicle Dealer Inspection Report
A copy attached

N/A

Worksheet
A copy attached

N/A

Deposit agreement
A copy attached

N/A

Deposit receipts
A copy attached

N/A

Purchase agreement
A copy attached

N/A

Finance agreement
A copy attached

N/A

Lease agreement
A copy attached

N/A

Consignment agreement
A copy attached

N/A

Warranty information
A copy attached

N/A

Vehicle inspection report
A copy attached

N/A

Vehicle history report
A copy attached

N/A

Vehicle registration
A copy attached

N/A

ICBC Tax Transfer Form (APV9T)
A copy attached

N/A

Please list and attach any documents relevant to your Response:
Your responsibilities
Section 5. Terms of service
Pursuant to Section 25 of the Motor Dealer Act, the Registrar requires your dealership to provide the VSA with all
the dealer records pertinent to the complaint including legible copies of all the corresponding written records
related to the above transaction.
All information that you submit in support of your Consumer Complaint to the VSA must be true and accurate to the
best of your knowledge and belief. Knowingly or recklessly providing false or misleading information is an offence
under the Motor Dealer Act punishable by fine, imprisonment or to both. Being reckless is providing any type of
information without concern that the information is true or not.
A failure to provide all records pertaining to this complaint is an offence under the Motor Dealer Act and may also be
dealt with as a licensing matter by the Registrar.
Disclosure of your Response
The information that you provide is collected in accordance with the VSA Privacy Policy and is needed for the
consumer complaint to be evaluated and for the VSA to conduct an investigation or undertake administrative
action.
Please note that once received, your Dealer Response will be disclosed to the complainant. Prior to disclosure, we
will redact any third-party personal information in compliance with the requirements of the Freedom of Information
Version 2, May 29, 2013
Page 3 / 4
and Protection of Privacy Act.
dealership.
We will also redact any proprietary financial information pertaining to your
Section 6. Signature
By signing below, I confirm that the information provided by the undersigned in support of this Dealer Response to
the Consumer Complaint is complete, true and accurate to the best of my knowledge and belief.
Signature:
Name:
Date:
first name
day
Version 2, May 29, 2013
month
last name
year
Page 4 / 4
HEARING NOTICE
Investigation File: #[number]
Hearing File: #[number]
[Date]
[Dealer name]
[Salesperson name]
Dealer #[number]
Salesperson #[number]
TAKE NOTICE THAT [each of you/you] are hereby required to attend a Hearing before the
Registrar of Motor Dealers (“the Hearing”) pursuant to:
[Use for Compliance Hearing]
(a) Sections 5, 6, 7 and 8.1 of the Motor Dealer Act R.S.B.C. 1996 c. 316 (the “MDA”),
(b) Sections 7, 29(2)(b)(i), 29(4)(a) of the Motor Dealer Act Regulation, B.C. Reg.
447/78 (the “MDA – Reg”),
(c) Sections 6 and 7 of the Salesperson Licensing Regulation, B.C. Reg. 241/2004 (the
“SL – Reg”), and
(d) Sections 150(1)(e), 151, 155, 164, 165 and 166 of the Business Practices and
Consumer Protection Act, S.B.C. 2004 c. 2 (the “BPCPA”).
[Use for Licensing Hearing]
(a) Sections 5 and 6 of the Motor Dealer Act R.S.B.C. 1996 c. 316 (“the MDA”); and
(b) Sections 6 and 7 of the Salesperson Licensing Regulation B.C. Reg. 241/2004.
The Hearing is scheduled as follows:
DATE: [date]
TIME: [time]
LOCATION: [VSA or Location]
TAKE FURTHER NOTICE THAT the Hearing is a result of the following allegations:
[List allegations]
THE EVIDENCE that has been gathered into the allegations is contained in the enclosed
[affidavit/hearing report] of [compliance/licensing officer]. You must be prepared to answer
the allegations and you, your representative and/or your lawyer may question
[compliance/licensing officer] and/or any other witnesses and/or you may present any
evidence and/or produce witnesses to defend and/or support your position.
Page 1 of 5
Hearing Notice
Date
[if applicable: ENCLOSED are the following document(s) which will be presented as
evidence at the Hearing:]
THE HEARING will proceed whether or not you, your representative and/or your lawyer are
in attendance.
[Licensing Hearings: Use the following]
THE ORDER OF PROCEEDING:
The Registrar’s hearings are informal and the “Rules of Evidence” which ordinarily apply
during court proceedings do not apply in this situation. As with all administrative
proceedings of this nature, the rules of “Natural Justice” do apply, and will be observed.
1. Opening comments by the Registrar.
2. Introduction of all parties.
3. Registrar reserves the right to ask questions of any party during the Hearing.
4. Presentation of Notice to Attend a Hearing before the Registrar and the reason(s) for
the Hearing.
5. Presentation of evidence by VSA staff and/or witnesses.
6. Questions of VSA staff and witnesses by Motor Dealer, Salesperson, Applicant and/or
their lawyer.
7. Presentation of evidence by Motor Dealer, Salesperson, Applicant and/or their
witnesses.
8. Question of Motor Dealer, Salesperson, Applicant and/or witnesses by VSA staff or
their witnesses.
9. Closing comments from Motor Dealer, Salesperson, Applicant, their respective
lawyer(s), VSA staff and/or respective witnesses,
10. Closing comments by Registrar.
AT THE CONLCUSION OF THE HEARING and after a review of the merits of the case and
the evidence presented, the Registrar may make various orders - pursuant to the Motor
Dealer Act R.S.B.C. 1996 c. 316 (“the MDA”) and Section 7 of the Salesperson Regulations
B.C. Reg. 241/2004 (the MDA-Salesperson Reg.)
Without limiting the authority or discretion of the Registrar, the Registrar may take any or
all of the following types of actions:
(a) Grant a Salesperson Licence; or
(b) Grant a Salesperson Licence with a condition(s)/restriction(s) – pursuant to Section 4
MDA – Salesperson Reg.; or
(c) Refuse the Salesperson Licence pursuant to Section 6 MDA – Salesperson Reg.
Should you have any questions or require an adjournment, please contact Hong Wong,
Manager of Licensing at 604-575-6175. You should seek legal advice.
Page 2 of 5
Hearing Notice
Date
Signed on ______ day of _____________, 2016
____________________________
Manager of Licensing
[Licensing Hearings: Delete remaining wording]
[Compliance Hearings: Use the following]
THE ORDER OF PROCEEDING is on page 3 of this notice.
THE ENFORCEMENT ACTIONS AVAILABLE TO THE REGISTRAR is on page 4 of this
notice.
AN OPTION of not proceeding with the Hearing is for you to sign a voluntary undertaking
admitting the BPCPA allegation(s) and agreeing to a number of conditions. If you wish to
proceed with such a voluntary undertaking or should you have any questions or require an
adjournment, please contact Daryl Dunn, Manager, Compliance and Investigations at 604575-6173
You should seek legal advice.
Signed on ___ day of _______________, 2016
_______________________
[Manager of Compliance and Investigations]
Page 3 of 5
Hearing Notice
Date
ORDER OF PROCEEDINGS FOR
HEARING BEFORE THE REGISTRAR OF MOTOR DEALERS (REGISTRAR)
The Registrar’s hearings are informal and the “Rules of Evidence” which ordinarily apply during court
proceedings do not apply in this situation. As with all administrative proceedings of this nature, the
rules of “Natural Justice” do apply, and will be observed.
If an allegation is made that you have breached Section 4 and 5 (deceptive act or practice)
or Section 8 (unconscionable act or practice) of the Business Practices and Consumer
Protection Act S.B.C. 2004 c. 2 (“the BPCPA”), then the B.C. Legislature has placed the onus
on the dealer/salesperson, as the case may be, to prove that the deceptive or
unconscionable act or practice did not occur: Sections 5(2) and 9(2) of the BPCPA.
11. Opening comments by the Registrar.
12. Introduction of all parties.
13. Registrar reserves the right to ask questions of any party during the Hearing.
14. Presentation of Notice to Attend a Hearing Before the Registrar and the reason(s) for the
Hearing.
15. Presentation of evidence by VSA staff and/or witnesses.
16. Questions of VSA staff and witnesses by Motor Dealer, Salesperson, Applicant and/or their
lawyer.
17. Presentation of evidence by Motor Dealer, Salesperson, Applicant and/or their witnesses.
18. Question of Motor Dealer, Salesperson, Applicant and/or witnesses by VSA staff or their
witnesses.
19. Closing comments from Motor Dealer, Salesperson, Applicant, their respective lawyer(s), VSA
staff and/or respective witnesses,
20. Closing comments by Registrar.
Page 3 of 5
Hearing Notice
Date
ENFORCEMENT ACTIONS AVAILABLE TO THE REGISTRAR
OPTION PRIOR TO HEARING: Pursuant to Section 154 of the Business Practices and Consumer
Protection Act S.B.C. 2004 c. 2 (“the BPCPA’) a motor dealer and/or a salesperson may elect to enter
into a voluntary undertaking with the Registrar to comply with the BPCPA; to unwind a transaction; to
reimburse and/or compensate a consumer; to reimburse and/or compensate the VSA for investigation,
legal and hearing costs and at the sole discretion of the Registrar pay an Administrative Penalty
pursuant to Sections 164 and 165 of the BPCPA.
AT THE CONLCUSION OF THE HEARING and after a review of the merits of the case and the
evidence presented, the Registrar may make various orders - pursuant to the Motor Dealer Act
R.S.B.C. 1996 c. 316 (“the MDA”), Section 7 of the Salesperson Regulations B.C. Reg. 241/2004 (the
MDA-Salesperson Reg.), Sections 29(3) of the MDA- Regulations B.C. Reg. 264/2006 and/or Sections
154, 155 and 164 of the Business Practices and Consumer Protection Act S.B.C. 2004 c. 2 (“the
BPCPA”).
Without limiting the authority or discretion of the Registrar, the Registrar may take any or all of the
following types of actions:
(d) Dismiss the complaint against the motor dealer and/or salesperson without costs;
(e) Make a Compliance Order requiring the motor dealer and/or salesperson to: comply with the
BPCPA; unwind a transaction; reimburse and/or compensate a consumer; reimburse and/or
compensate other persons who have suffered a loss or damage; reimburse and/or compensate
the VSA for investigation, legal and hearing costs pursuant to Section 155 of the BPCPA;
(f) Make an order freezing the assets of the motor dealer - pursuant to Section 27 of the MDA
and/or Section 159 of the BPCPA as the case may be;
(g) Make an order to pay an Administrative Penalty in an amount up to and including
$50,000.00 for a corporation and $5,000 for an individual- pursuant to Sections 164 and 165
of the BPCPA;
(h) Place a condition/restriction on the Motor Dealer Registration – pursuant to Section 4(6) of the
MDA and/or Salesperson Licence – pursuant to Section 4 MDA – Salesperson Reg.; and/or
(i) Cancel or suspend the applicable Motor Dealer Registration – pursuant to Section 5 of the MDA
and/or the applicable Salesperson Licence pursuant to Section 6 MDA – Salesperson Reg.
Note: A Compliance Order made by the Registrar may be filed in the B.C. Supreme Court, without
notice to you or a hearing before the court, and once filed is enforceable as a court order – pursuant to
Section 157 of the BPCPA.
An Administrative Penalty must be paid within 30 days in accordance with Section 167 of the BPCPA
and may be filed in the B.C. Provincial or Supreme Court’s without notice to you or a hearing before
the court and once filed is enforceable as a court order – Section 168(2) of the BPCPA. Prior to filing of
the notice of penalty, the Registrar must impose an additional administrative penalty equal to 10% of
the unpaid administrative penalty – section 11, Business Practices and Consumer Protect Regulation
B.C. Reg. 294/2004.
Page 4 of 5
SUMMONS TO A WITNESS
Investigation File: #[number]
Hearing File: #[number]
[Witness Name]
[Address]
TAKE NOTICE THAT you are summoned as a witness by the Registrar of Motor Dealers for
the Province of British Columbia under the authority of sections 7.1 and 8.1 of the Motor
Dealer Act, R.S.B.C. 1996, c. 316, section 29 of the Motor Dealer Act Regulation, (B.C. Reg.
447/78), sections 149 and 151 of the Business Practices and Consumer Protection Act,
S.B.C. 2004 c. 2, and sections 34(3) and (4) of the Administrative Tribunals Act.
You are required to be available as a witness to give evidence in the Hearing scheduled as
follows:
DATE: [date]
TIME: [time]
LOCATION: [in person]
[location]
[teleconference instructions where
applicable]
IN THE MATTER OF [consumer/VSA] v. [motor dealer and/or salespersons]
TAKE FURTHER NOTICE THAT the Hearing is a result of the following allegations:
[List allegations]
TAKE FURTHER NOTICE THAT you are ordered to bring with you any documents or things
pertaining to above allegations.
A person who fails or refuses to abide by this Summons is liable, on application to the
Supreme Court, to be committed for contempt as if in breach of an order or judgment of the
Supreme Court.
Dated: _______________
__________________________________________
Ian Christman
Registrar of Motor Dealers
for the Province of British Columbia or his delegate
Page 1 of 1
Investigation File No. #[number]
Hearing File No. #[number]
IN THE MATTER OF THE MOTOR DEALER ACT R.S.B.C 1996 C. 316 AND
THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004 C.2
IN THE MATTER OF: [name] v. [name]
AFFIDAVIT OF SERVICE
I, [compliance officer], of Suite 208 – 5455 152nd Street Surrey, British Columbia,
Compliance Officer, MAKE OATH AND SAY THAT:
1.
I am a Compliance officer of the Vehicle Sales Authority of British Columbia (the
“VSA”), and as such I have personal knowledge of the matters set out in this Affidavit,
except where stated to be based upon information and belief, and where so stated, I do
verily believe the same to be true on ______, on or about ______ a.m./p.m. I attended
________________, British Columbia where I met with _______________ and confirmed
that he was _____________ and served him with copies of the following documents:
a)
Hearing Package for [motor dealer] enclosing the Hearing Notice
dated [date], and Affidavit of [Compliance Officer] sworn [date]; and
SWORN BEFORE ME in the City of
_______________________________,
in the Province of British Columbia, this
_____day of _________, [year]
_______________________________
A Commissioner for Taking Affidavits
for British Columbia
_______________________________
Name (Print)
______________________________
Expiry Date of Commissioner’s
Appointment
)
)
)
)
) ___________________________________
)
)
)
)
)
)
)
)
)
)
)
Request for a Production Order
(s. 151(1)(c) of the Business Practices and Consumer Protection Act S.B.C. 2004 c.2)
Attach a draft of the Production Order being requested
TO: The Registrar of Motor Dealers
Date: ________________________________
Case file no. _________________________
Case file name: ____________________________________________________________
Order to be served on _______________________________________________________
Address for service: _________________________________________________________
The above address is  or is not  a personal residence. If a personal residence, court
authorization may be required.
Summary of case:
Summary of evidence to be ordered produced and why it is relevant to the case:
The reasonable grounds to believe evidence is available at the above location are:
This production order has been requested by a party to the above matter (attach
request):
Name of Requesting Party ____________________________________________________
Investigating Officer
Manager’s review
Print name _________________________
Print name _________________________
Signature __________________________
Signature __________________________
Registrar’s Approval ______________________________ Date: _____________
Version 1.February 3, 2015
IN THE MATTER OF THE MOTOR DEALER ACT R.S.B.C. 1996 c. 316
AND THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004 c. 2
PRODUCTION ORDER
Pursuant to sections 150(1)(e) and 151 of the
Business Practices and Consumer Protection Act S.B.C. 2004 c. 2
TO: (name of individual or organization and occupation)
OF: (organization and address)
The Registrar of Motor Dealers for British Columbia (“Registrar”) is investigating alleged breaches of the Motor
Dealer Act R.S.B.C. 1996 c. 316 (“MDA”) and the Business Practices and Consumer Protection Act S.B.C. 2004
c.2 (“BPCPA”) of British Columbia. Specifically, the Registrar is investigating whether certain consumer
transactions between [consumer] and [dealers and/or salespersons], all of whom are registered motor dealers and
licensed salespersons under the MDA, did commit deceptive acts or practices and/or unconscionable acts or
practices contrary to the BPCPA by forging the name or falsifying information of the consumer on motor vehicle
purchase agreements and finance documents submitted to [Bank, organization or individual’s name] on or about
[date(s)] within British Columbia, and without the consumer’s knowledge or consent.
The Registrar has reasonable grounds to believe that you have documents and/or records in your possession or
control that are relevant and important to the investigation of these allegations.
TAKE NOTICE THAT in accordance with section 8.1 of the MDA, sections 29(2)(b)(i) and 29(4)(a) of the Motor
Dealer Act Regulation and sections 150(1)(e) and 151 of the BPCPA (see reverse) YOU ARE ORDERED TO
PRODUCE AND DELIVER to the Registrar:
1)
2)
3)
4)
[specify item with sufficient detail]
[specify item with sufficient detail, if necessary], and
[specify item with sufficient detail, if necessary]
….
The documents, records or things are to be delivered to the attention of [name] at the below address within 15
days. A failure to abide by this order may be enforced by contempt proceedings before the B.C. Supreme Court, or
alternatively, by way of prosecution as an offence under section 189(5) of the BPCPA.
You may contact [name] by phone at [toll free number and direct line] or by email at [email address] for further
clarification if necessary.
Vehicle Sales Authority of BC
208-5455 152 Street
Surrey, B.C. V3S 5A5
Facsimile 604-574-5883
By Order of
Ian Christman
The Registrar of Motor Dealers for British Columbia
On ____ day of _____________, 2015 at Surrey, British Columbia
Business Practices and Consumer Protection Act S.B.C. 2004 c. 2
150 (1) For the purposes of an inspection, an inspector [registrar] may do any of the following:
(e) require any person who has possession or control of any of the records, goods or other things in the
premises, vehicle or vessel to produce the records, goods or things;
151 (1) For the purposes of an inspection, the director [registrar] has the same powers that the Supreme
Court has for the trial of civil actions to do the following:
(c) compel witnesses to produce records and things.
(2) When the director [registrar] exercises a power under subsection (1), a person who fails or refuses to do
any of the following is liable, on application to the Supreme Court, to be committed for contempt as if in breach
of an order or judgment of the Supreme Court:
(d) produce the records or things in the person's custody or possession.
(3) Section 34 (5) [non-compellability of financial institutions and officers of financial institutions] of the
Evidence Act does not apply to the exercise of powers of the director [registrar] under this section.
189 (2) A person who contravenes subsection (5) or any of the following sections commits an offence
(5) A person must not do any of the following:
(b) refuse or fail to provide information as required under this Act;
(e) obstruct, hinder or interfere with an inspection under this Act;
190 (1) An individual who commits an offence under this Act is liable to a fine of not more than $10 000 or to
imprisonment for not more than 12 months or to both.
(2) A corporation who commits an offence under this Act is liable to a fine of not more than $100 000.
(3) Despite subsections (1) and (2), the court may increase a fine imposed under this section by an amount of
up to 3 times the court's estimation of the amount of monetary benefit acquired or accrued as a result of the
commission of the offence.
Motor Dealer Act Regulation B.C. Reg. 447/78
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];
(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
(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);
(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];
Version 1,February 3, 2015
Page 2 of 2
Hearing File: #[Number]
Investigation File: #[Number]
COMPLIANCE ORDER
IN THE MATTER OF THE MOTOR DEALER ACT R.S.B.C. c. 316 and the
BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004 c. 2
WHEREAS [dealer name] (Dealer #[number]) and [salesperson name] (Salesperson #[number])
(the “Suppliers”) are each a “supplier” within the meaning of subsection 1(1) of the Business
Practices and Consumer Protection Act, (BPCP) Act.
AND WHEREAS the Registrar of Motor Dealers (the “Registrar”) pursuant to section 29(2) Motor
Dealer Act Regulation and section 155 of the Business Practices and Consumer Protection (the
“BPCPA”) has provided the supplier with an opportunity to be heard and is satisfied that the supplier
(and each of them if more than one) is contravening, is about to contravene or has contravened the
BPCPA or the regulations made there-under, namely:
That the Suppliers:
[list allegations]
NOW THEREFORE the Registrar directs the Suppliers to:
(a)
[list orders]
Any words in this Compliance Order that are defined in the Motor Dealer Act or the Business
Practices and Consumer Protection Act, have the same meaning as described in those Acts.
All the persons against whom this Compliance Order is made are jointly and severally
responsible for complying with this Compliance Order and are jointly and severally liable for the
payment of any amounts the persons are required to pay under this Compliance Order.
AND FURTHERMORE section 157 of the BPCP Act permits the Registrar to file this Compliance
Order in Supreme Court and once filed is deemed to be an order of the Supreme Court and is
enforceable as such.
Pursuant to section 155(7) of the BPCP Act, this Compliance Order may be reconsidered in
accordance with sections 180 (c), 181 and 182 (1) & (2) of the BPCP Act within 30 days of receiving
this document. The reconsideration request must be in writing, must identify new evidence that has
become available or been discovered and must be substantial and material to the determination.
The decision made with respect to the reconsideration is final and may not be reconsidered.
All correspondence, including a request for reconsideration should be addressed to:
Vehicle Sales Authority of BC
Attention: Registrar of Motor Dealers
208-5455 152 Street
Surrey, B.C. V3S 5A5
Page 1 of 2
By Order of
Ian Christman
Registrar of Motor Dealers of British Columbia
On ____ day of _____________, [year] at Surrey, British Columbia
Page 2 of 2
Hearing File: #[Number]
Investigation File: #[Number]
IN THE MATTER OF THE MOTOR DEALER ACT R.S.B.C. c. 316 and the BUSINESS PRACTICES
AND CONSUMER PROTECTION ACT S.B.C. 2004 c. 2
NOTICE OF ADMINISTRATIVE PENALTY
$[amount]
ON NOTICE TO: [Salesperson/Motor Dealer] ([Salesperson/Motor Dealer] #[number])
The Registrar of Motor Dealers pursuant to Section 8.1 of the Motor Dealer Act and Section 166 of the
Business Practices and Consumer Protection Act (the “BPCPA”) from the [undertaking/registrar’s
decision] signed on [date signed] respectively imposed an administrative penalty of $[amount] to
[salesperson/motor dealer] ([Salesperson/Motor Dealer] #[number]), for contravening the
BPCPA or the regulations made there-under, namely:
•
[Allegations]
Such Administrative Penalty must be paid by [Date: 30 days from date signed].
If you fail to pay the aforementioned administrative penalty as required under Section 167, the
Registrar/Director may file with the Supreme Court a certified copy of this notice imposing the
administrative penalty and, on being filed, the notice has the same force and effect, and all proceeding
may be taken on notice, as if it were a judgment of that court.
Notice dated and signed this ___ day of ___________, [year], at the City of Surrey in the Province of
B.C. by:
Ian Christman, Registrar of Motor Dealers
Investigation File No. ________
UNDERTAKING - BPCPA
IN THE MATTER OF THE MOTOR DEALER ACT R.S.B.C. 1996 c. 316 and the
BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004, c. 2
THIS UNDERTAKING is made with an effective date of [date]
Between
[MOTOR DEALER and Registration #]
(the “Dealer”)
And
The Registrar, Vehicle Sales Authority of B.C. (the “Registrar”)
WHEREAS:
1. [Dealer name and registration #] (the “Dealer”) is a “registered motor
dealer” as defined under the Motor Dealer Act R.S.B.C. 1996 c. 316 (the
“Act”).
2. The “Registrar of Motor Dealers”, as defined under the Act, (the “Registrar”)
is responsible for the administration and enforcement of the Act, its
regulations and prescribed provisions of the Business Practices and
Consumer Protection Act S.B.C. 2004 c. 2 (the “BPCPA”)
3. The Registrar has received and investigated a complaint from a consumer
who claims that the dealer:
i.
ii.
[allegations]
[allegations]
4. The Registrar asserts that the Dealer has contravened the following
provisions of the BPCPA:
i.
ii.
iii.
[Section]
[Section ]
NOW THEREFORE the Dealer undertakes, acknowledges, and agrees with the
Registrar:
5. To comply with all provisions of the BPCPA and its Regulations;
6. [Terms or conditions]
7. [Terms or conditions]
8. [Terms or conditions]
9. That this Undertaking is binding on the Dealer until such time as it is either
terminated in writing by the Registrar or terminated by Order of the
Supreme Court of British Columbia.
10.That in addition to rendering the Dealer liable to further penalties and
proceedings as provided for under the BPCPA, it is an offence under the
BPCPA to fail to comply with any part of this undertaking that has not been
previously terminated.
11.That the Registrar, may upon breach of any part of this undertaking by the
Dealer declare the Undertaking to be at an end and may institute such
proceedings and take such action under the BPCPA, or the Act as considered
necessary.
12.That any communication with the Registrar in connection with this
undertaking shall be made to the following
Registrar of Motor Dealers
Vehicle Sales Authority of B.C.
#208 – 5455 152 Street
Surrey, B.C. V3S 5A5
Fax: (604)-574-5883
And in the case of the Dealer to the following address:
[dealer address]
unless another address for delivery is given to the other party, in writing, by
either the Registrar or the Dealer.
13.The Dealer acknowledges and warrants that they have had an opportunity to
seek legal advice as to the terms of this Undertaking.
DATED this ___ day of _____________, 2016
Dealer Name: ________________________
____________________________________
(Print the name and title of Dealer’s authorized representative)
Signature: __________________________
Form updated Feb/2016
Undertaking under the Motor Dealer Act R.S.B.C. 1996 c. 316
Page 2 of 3
ACCEPTED by the Registrar of Motor Dealers this
_____ day of _______________ 2016.
______________________________________
Ian Christman
Registrar of Motor Dealers or his delegate
Form updated Feb/2016
Undertaking under the Motor Dealer Act R.S.B.C. 1996 c. 316
Page 3 of 3
Investigation File No. ________
UNDERTAKING - MDA
IN THE MATTER OF THE MOTOR DEALER ACT R.S.B.C. 1996 c. 316 and the
BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004, c. 2
THIS UNDERTAKING is made with an effective date of [date]
Between
[MOTOR DEALER and Registration #]
(the “Dealer”)
And
The Registrar, Vehicle Sales Authority of B.C. (the “Registrar”)
WHEREAS:
1. [Dealer name and registration #] (the “Dealer”) is a “registered motor
dealer” as defined under the Motor Dealer Act R.S.B.C. 1996 c. 316 (the
“Act”).
2. The “Registrar of Motor Dealers”, as defined under the Act, (the “Registrar”)
is responsible for the administration and enforcement of the Act, its
regulations and prescribed provisions of the Business Practices and
Consumer Protection Act S.B.C. 2004 c. 2 (the “BPCPA”)
3. The Registrar has received and investigated a complaint from a consumer
who claims that the dealer:
i.
ii.
[allegations]
[allegations]
4. The Registrar asserts that the Dealer has contravened the following
provisions of the BPCPA:
i.
ii.
iii.
[Section]
[Section ]
NOW THEREFORE the Dealer undertakes, acknowledges, and agrees with the
Registrar:
5. To comply with all provisions of the BPCPA and its Regulations;
6. [Terms or conditions]
7. [Terms or conditions]
8. [Terms or conditions]
9. That this Undertaking is binding on the Dealer until such time as it is either
terminated in writing by the Registrar or terminated by Order of the
Supreme Court of British Columbia.
10.That in addition to rendering the Dealer liable to further penalties and
proceedings as provided for under the BPCPA, it is an offence under the
BPCPA to fail to comply with any part of this undertaking that has not been
previously terminated.
11.That the Registrar, may upon breach of any part of this undertaking by the
Dealer declare the Undertaking to be at an end and may institute such
proceedings and take such action under the BPCPA, or the Act as considered
necessary.
12.That any communication with the Registrar in connection with this
undertaking shall be made to the following
Registrar of Motor Dealers
Vehicle Sales Authority of B.C.
#208 – 5455 152 Street
Surrey, B.C. V3S 5A5
Fax: (604)-574-5883
And in the case of the Dealer to the following address:
[dealer address]
unless another address for delivery is given to the other party, in writing, by
either the Registrar or the Dealer.
13.The Dealer acknowledges and warrants that they have had an opportunity to
seek legal advice as to the terms of this Undertaking.
DATED this ___ day of _____________, 2016
Dealer Name: ________________________
____________________________________
(Print the name and title of Dealer’s authorized representative)
Signature: __________________________
Form updated Feb/2016
Undertaking under the Motor Dealer Act R.S.B.C. 1996 c. 316
Page 2 of 3
ACCEPTED by the Registrar of Motor Dealers this
_____ day of _______________ 2016.
______________________________________
Ian Christman
Registrar of Motor Dealers or his delegate
Form updated Feb/2016
Undertaking under the Motor Dealer Act R.S.B.C. 1996 c. 316
Page 3 of 3
IN THE MATTER OF THE MOTOR DEALER ACT R.S.B.C. 1996 C. 316 AND
THE SALESPERSON LICENSING REGULATION B.C. REG. 241/2004.
RE:
[Salesperson]
(Salesperson License # [number])
NOTICE OF LICENSING CONDITION(S)
TO:
[salesperson name]
[address]
TAKE NOTICE THAT: pursuant to sections 4(1) and 4(3) of the Salesperson Licensing
Regulation, B.C. Reg. 241/2004 the following conditions have been placed on your licence
number 107284:
•
[List conditions]
Failure to fulfill and abide by this condition is grounds for the Authority to consider
cancelling your licence, suspending your license for a period of time, or to refuse to renew
your licence.
Dated: [date]
______________________________
Ian Christman
Registrar of Motor Dealers
Notice of Dealer Licence Suspension
A hearing was held before the Registrar of Motor Dealers pursuant to section 5 and 6 of
the Motor Dealer Act, RSBC 1996 Chapter 316, and into:
[Dealer]
Dealer Licence #[number]
For engaging [allegations]
At the conclusion of the hearing, the Registrar of Motor Dealers suspended the motor
dealer registration issued to [dealer] for [number] days:
From
[date and time]
to
[date and time]
During which time [dealer] shall not engage in the sale, lease, exchange or other
disposition or supply of a motor vehicle to an individual primarily for the individual’s
personal or family use.
This notice must be posted such that it is clearly visible to the public during the times
and dates stipulated.
Any questions, please call 1-866-400-3529 or visit www.mvsabc.com.
Signed: _____________________
By Order:
Form Updated March, 2016
___________________________________
Registrar of Motor Dealers
Notice of Salesperson Licence Suspension
On [date] a hearing was held before the Registrar of Motor Dealers pursuant to sections
6 and 7 of the Salesperson Licensing Regulation B.C Reg. 241/2004 into:
[salesperson]
Salesperson Licence #[number]
Evidence was presented that [salesperson] [summary of allegations].
At the conclusion of the hearing, the Registrar of Motor Dealers found it was not in the
public’s interest that [salesperson] continue to be a licensed salesperson and suspended
his license. The suspension will remain in effect until such time [as [salesperson], at his
own cost, successfully complete the [Salesperson Certification course]. In addition,
[salesperson] must provide the VSA with the same information he would have provided if
applying for a first time salesperson licence; be interviewed by a compliance officer about
his past employment; and appear at a hearing before the Registrar of Motor Dealers. At
that hearing, the Registrar will decide if it is in the public interest that [salesperson]
licence to be reinstated and if so with what conditions, if any. Should [salesperson]
licence expire in the interm, the usual renewal fee will also apply.]
OR
[suspended his salesperson license as of:
[Date]
The suspension will remain in effect until [details].]
Any questions, please call 1-866-400-3529 or visit www.mvsabc.com
Signed: _____________________
_______________________________
Registrar of Motor Dealers
Form Approved March 25, 2009
Notice of Dealer Licence Cancellation
On [date]a hearing was held before the Registrar of Motor Dealers pursuant to
sections 6 and 7 of the Salesperson Licensing Regulation B.C Reg. 241/2004 into:
[Dealer]
Dealer Licence #[number]
Evidence was presented that [dealer] did commit or engage in a deceptive act or
practice contrary to Section 5(1) of the Business Practices and Consumer Protection
Act S.B.C.2004 c.4
At the conclusion of the hearing, the Registrar of Motor Dealers found that it was not
in the public’s interest that [dealer] continues to be a registered dealer and cancelled
the registration. [dealer] shall no longer engage in the sale, lease, exchange or other
disposition or supply of a motor vehicle to an individual primarily for the individual’s
personal or family use. Doing so while unlicensed is an offence under section 35 of
the Motor Dealer Act and punishable by imprisonment for up to six months and/or a
maximum $100,000 penalty.
This notice must be posted such that it is clearly visible to the public during the times
and dates stipulated.
Any questions, please call 1-866-400-3529 or visit www.mvsabc.com.
Signed: ___________________________
By Order: _________________________
Registrar of Motor Dealers
Form Updated March, 2016
Notice of Salesperson Licence Cancellation
On [date] a hearing was held before the Registrar of Motor Dealers pursuant to
sections 6 and 7 of the Motor Dealer Act R.S.B.C. 1996 c. 316 (“the MDA”), Section 6
and 7 of the Salesperson Regulations B.C. Reg. 241/2004, Sections 29(3) of the MDA
- Regulations B.C. Reg. 264/2006 and/or Sections 154, 155 and 164 of the Business
Practices and Consumer Protection Act S.B.C. 2004 c. 2 (“the BPCPA”) into
allegations under the BPCPA, the MDA and/or its Regulations
[salesperson]
Salesperson Licence #[number]
Whereas [salesperson] was duly served with a Notice of Hearing to appear before the
Registrar of Motor Dealers on [date] and failed to appear at the hearing.
And whereas the Registrar of Motor Dealers determined that it is not in the public
interest for a registered salesperson to disobey the lawful order of the Registrar to
attend at a hearing.
Pursuant to the Motor Dealer Act, the Registrar of Motor Dealers has cancelled the
Salesperson Licence of [salesperson]. As of [date], [salesperson] shall no longer
engage in the sale, lease, exchange or other disposition or supply of a motor vehicle
to an individual primarily for the individual’s personal or family use. Doing so while
unlicensed is an offence under section 35 of the Motor Dealer Act and punishable by
imprisonment for up to six months and/or a maximum $100,000 penalty.
Signed: _____________
By Order: ___________________________
Registrar of Motor Dealers
Form Updated March, 2016
Motor Dealer Customer Compensation Fund
Claim Application Form
The Motor Dealer Compensation Fund provides compensation to consumers who have lost money because a motor
dealer has either gone out of business or has failed to meet certain legal obligations. The money in the Fund
comes from contributions made by all licensed motor dealers in BC. The Fund is the last resort for dealing with a
dispute with a dealer and only some types of losses are covered by the Fund.
To be eligible for compensation from the Fund, a claim must involve:
•
a motor vehicle;
•
a licensed motor dealer or salesperson;
•
a consumer transaction; and
•
an eligible loss.
Major eligibility limitations for compensation from the Fund are noted in the form below. We recommend that you
check your eligibility before filing the claim. If you are affected by any of the limitations, you may wish to consult
a lawyer to determine if you have any other legal remedies.
If you have questions about the claim process, or completing this form, or other options that you may have to
resolve your dispute, please visit the website of the Motor Vehicle Sales Authority of BC (the “VSA”)
at www.vehiclesalesauthority.com or contact the VSA Consumer Services at 604.575.7255 or toll-free at
1.877.294.9889.
How to file a claim:
Step 1 – Self-assessment of eligibility for filing a claim
Assess if you meet eligibility criteria for applying for compensation from the Fund. Eligibility criteria are explained
on the VSA’s website in the Compensation Fund Frequently Asked Questions
Step 2 – Formal demand to motor dealer
The law requires that all applicants must complete the form ‘Demand Letter to Motor Dealer’ to officially demand
that the motor dealer returns the vehicle or money that is the subject of your dispute. A motor dealer has 30
days from the date of the Demand Letter to honor your demand.
The form Demand Letter to Motor Dealer is included in the Claim Application Package or can be downloaded from
the VSA website.
•
If the motor dealer is in business, send the original Demand Letter to the motor dealer by registered
mail or hand deliver it. Keep a copy of your Demand Letter and a registered mail receipt. If hand delivered,
document delivery information (date and time of delivery and name of the person accepting delivery). If your
dispute remains unresolved after the expiration of 30 days, proceed to Step 3 – preparing your Claim Application
•
If the motor dealer is not in business, complete the Demand Letter and proceed to Step 3 – preparing
Claim Application. You are not required to send your Demand Letter to the motor dealer, but will need to attach a
copy of the Demand to your claim application.
Step 3 – Preparing a claim application
Fill out the Claim Application Form. If you are filling out the form online, print a completed copy. Attach required
documentation and sign the form.
Step 4 – Filing a claim
Send your signed Claim Application Form with attachments to the VSA Consumer Services:
By e-mail:
[email protected]
By mail:
Motor Vehicle Sales Authority of BC
Suite 208 - 5455 152nd Street, Surrey, BC
By fax:
V3S 5A5, or
604.574.5883
IMPORTANT Providing false and misleading information is an offence under the Motor Dealer Act. Completing all
applicable fields of this form will ensure that the VSA receives sufficient information to fully address your concern.
MDCCF Claim Application / Version 4 / April 2015
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Incomplete applications will cause process delays.
Section 1. Who is filing the claim
Limitation: Eligible claim application must be by an individual, not a corporation, partnership of any other kind of
business.
Part A. Claimant’s contact information
Claimant is the person who is applying for compensation from the Motor Dealer Customer Compensation Fund.
First name
Address
____________
Last name
_____
Province
Home phone
______
Cell phone
____________
Postal code
____
Work phone
____
E-mail
____
_______
First name
__________
____
City
Address
________
Last name
________
_____
__________
____
City
Province
Home phone
______
Cell phone
Postal code
____
Work phone
____
E-mail
____
_______
Part B. Helper’s contact information (complete if applicable)
Helper is the person who helped the claimant to complete this form.
First name
Address
____________
Last name
________
_____
__________
____
City
Province
Home phone
______
Cell phone
_______
Postal code
____
Work phone
____
E-mail
____
Part C. Legal representative’s contact information (complete if applicable)
Legal representative is the person legally authorized to act on behalf of the claimant.
First name
Address
____________
Last name
________
_____
__________
____
City
Province
Home phone
______
Cell phone
_______
Postal code
____
Work phone
____
E-mail
____
Legal authority for representation (list and attach supporting documents):
____
Section 2. Consent to disclose your claim status
Limitation: To meet privacy requirements, the VSA can only provide claim information to claimants or authorized
third parties. If you are the claimant and wish to authorize the VSA to provide information from your claim to
anyone other than yourself (or your legal representative), we need your Consent to disclose personal information.
The individual you designate will be able to obtain information such as the status of your claim and/or receive copies
of correspondence about your claim.
If applicable, please complete and attach to your claim form an Authorization for Release of Personal Information and
MDCCF Claim Application / Version 4 / April 2015
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Records
Authorization attached
Yes
No


Section 3. Claim amount
Limitation: All applicants must provide claim amounts for suffered losses. Only specific types of losses are covered
by the Fund.
Amount of claim for compensation from the Motor Dealer Customer Compensation Fund: $ _____________________
Section 4. Motor Dealer
Limitation: Eligible claim application must involve a consumer transaction with a licensed BC motor dealer and
salespeople.
Name of the company
_____
Address
____________________________________________________________________________
City
____
Salesperson
____________________________________________________________________________
Manager (General
Province
 Sales
 Business
Postal code ____________________
)
_______________________________________________________
Section 5. Vehicle and transaction
Limitation: Eligible claim application must involve motor vehicle as defined by the Motor Vehicle Act. “Motor vehicle”
means a self-propelled vehicle designed or used primarily for travel on a highway (the Highway Act), and includes a
trailer (the Motor Vehicle Act), designed or used primarily for accommodation during travel or recreation, but does not
include an all-terrain vehicle (the Motor Vehicle Act Regulations), a farm tractor or motor assisted cycle (the Motor
Vehicle Act), or machinery primarily intended for construction, mining or logging purposes (the Motor Dealer Act).
Vehicle
Year:
Make:
Model: __________________________________________
Vehicle identification number (VIN)
VIN is a unique serial number that identifies a motor vehicle. Recreational Vehicles (RV) have 2 VINs – one for the
chassis and one for the coach.
VIN: __________________________________________ VIN2: __________________________________________
(for an RV, this is the VIN noted on your registration)
Registration number:
(for RV’s only - this is the coach VIN)
_____________________________________________________________________
(as stated on the ICBC Transfer/Tax Form or Vehicle Registration)
Odometer reading: At purchase _____________________ Now
__________________________________________
Transaction
Date of payment a deposit:
_____________________ Date of purchase / lease / consignment _______________
Deposit amount:
Price:
Financed
With trade-in:
Yes

Leased


No

(before taxes, extras)
Cash

Yes

Extended warranty:
No

Section 6. Vehicle’s use
Limitation: Eligible claim application must involve a consumer transaction. That means a transaction by an individual
and with respect to a vehicle primarily intended for personal use. A vehicle’s use is determined at the time of the
transaction.
Personal use means the vehicle is owned by an individual and is used for personal, family or household purposes and
not used to try and generate income. Example: Using the vehicle to go to and from work, school or shopping is
considered personal use.
Business use means the vehicle is owned by an individual and is used to try and generate income. Example: Using a
MDCCF Claim Application / Version 4 / April 2015
Page 3
vehicle to meet clients or make deliveries as part of a job is considered business use.
A claimant must provide evidence of the vehicle’s use. This evidence is necessary to establish claimant’s eligibility to
apply for compensation from the Fund.
A.
At the time of transaction, what was the intended use of the vehicle:
% for personal use;
B.
____% for business use
Attach supporting documents:
Certificate of insurance showing declared vehicle use at the time to the transaction
C.
A copy attached 
If a percentage of the intended use was for business, what was the intended business use:
______________________________________________________________________________________________
______________________________________________________________________________________________
D.
If a percentage of the intended use was for business, attach the following supporting documents:
Portions of the claimant’s income tax return showing the declared percentage of business use
of a vehicle. Include copies for the tax year in which the transaction happened plus for the
next 2 years (if a vehicle is owned for more than 2 years)
A copy attached

Detailed statement about the use of the vehicle
A copy attached

Other documentation, such as evidence how the vehicle was used after purchase
A copy attached

Section 7. Reasons of the claim
Please provide the reasons of your claim. List the events related to your claim in the order they occurred. Include
names of salesperson and/or manager you dealt with. Describe all efforts taken in order to resolve this matter. If
needed, please attach a more detailed statement to this form. It is preferable to type your statement.
IMPORTANT: See Section 9. Terms of service (page 5) for information about your responsibility to provide
information that is complete, true and accurate to the best of your knowledge and belief.
MDCCF Claim Application / Version 4 / April 2015
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Additional statement attached: Yes

No

Section 8. Required supporting documents
Please enclose the following documents in support of your Claim Application:
A.
Demand Letter to Motor Dealer form: the form is included in the Claim Application Package or can be
downloaded from the VSA website )
•
If the motor dealer is in business, attach a copy of the Demand Letter to Motor Dealer and proof of your
delivery of it to the motor dealer (registered mail receipt). If hand delivered, provide delivery information
(date and time of delivery and name of the person accepting delivery).
•
If the motor dealer is not in business, attach completed Demand Letter to Motor Dealer to this Claim
Application (you do not need to send it to the motor dealer).
B.
The original or legible photocopy of the front and reverse side of a Purchase Agreement, Bill of Sale or Contract;
C.
Proof of Payment with respect to the transactions that are the subject matter of the claim:
-
If paid by cheque, a copy of the front and reverse of the cheque;
-
If paid by credit card, a copy of the voucher or statement;
-
If paid by cash in an amount of $1,000 or more, the Cash Payment Affidavit completed and sworn before a
commissioner for taking affidavits. Cash Payment Affidavit form is included in the Claim Application Package
or can be downloaded from the VSA website.
D.
A copy of the current vehicle registration and the certificate of insurance for the vehicle that is the subject
matter of your claim;
E.
If applicable, a copy of any Court Judgment and Notice of Claim (if your dispute is / was subject of legal
proceedings);
F.
If applicable, a copy of the Better Business Bureau case file (if your dispute is / was subject of Better Business
Bureau dispute resolution); and
G.
Any relevant documents pertaining to your claim (including any receipts, conditional agreements, warranty
information, etc.)
Section 9. Terms of Service
Your private information
The information that you provide is collected in accordance with the VSA Privacy Policy and is needed to evaluate your
claim to establish the VSA’s jurisdiction and to conduct an investigation or undertake administrative action. This
information may need to be shared with the dealership involved in the transaction that is the subject matter of your
claim.
By sending a Claim Application Form to the VSA you are authorizing the release of this information for investigative
and statistical purposes, and taking administrative action including claim adjudication decisions by the Motor Dealer
Customer Compensation Fund Board and/or hearings before the Registrar of Motor Dealers which are both published
on the VSA’s website.
The VSA may, at its discretion, contact any third parties, whether named on this Claim Application Form or not, who
may have information relevant to this claim. Such third parties include, but are not limited to, dealerships, repair
facilities, law enforcement agencies, insurance companies, providers of extended warranties and other agencies as
required.
Your responsibilities
All information that you submit to the VSA in support of your Compensation Fund Claim Application must be true and
accurate to the best of your knowledge and belief.
Knowingly or recklessly providing false or misleading information is an offence under the Motor Dealer Act punishable
by fine, imprisonment or to both. Being reckless is providing any type of information without concern that the
information is true or not.
Section 10. Survey consent
To provide better public services in the future, the VSA conducts electronic surveys. Participation is voluntary and you
may revoke your consent at any time. Are you willing to participate in a survey?
MDCCF Claim Application / Version 4 / April 2015
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Yes
(initials)

No

_________________________(initials)
E-mail address: __________________________
Section 11. Assignment and Undertaking
WHEREAS:
A.
The claimant or claimants identified below (individually and collectively referred to as the “Claimant”) has
applied to the Motor Dealer Customer Compensation Fund Board (the “Board”) for compensation in regard to
the Claimant’s loss described in this application form (the “Claim”).
B.
Pursuant to the Motor Dealer Act, money must not be paid from the fund, unless the Claimant has assigned to
the government all the rights under the Claim.
C.
Pursuant to the Motor Dealer Act, if Her Majesty the Queen in right of the Province of British Columbia (the
“Province”) makes payment from the fund in relation to the Claim, and the Claimant receives something of
value from some other source in payment of the loss that led to the payment from the fund, the Claimant must
repay to the fund money equal to the value of the thing received from the other source failing which the
Province has a cause of action against the Claimant for the amount unpaid.
FOR VALUABLE CONSIDERATION (the receipt and sufficiency of which is hereby acknowledged) the Claimant (and
each of them) hereby agrees, undertakes, acknowledges and declares as follows:
1.
I declare and represent that nothing of value has been received by me from any source in payment of the loss
arising from or in connection with the Claim.
2.
I undertake to immediately advise the Board if I receive something of value from any source in payment of the
loss arising from or in connection with the Claim.
3.
I declare and represent that neither the Claim, nor any part thereof, has been released or discharged.
4.
I undertake to provide all documents and information concerning the Claim to the Board.
5.
I confirm that the information provided by the undersigned in support of this Claim is complete, true and
accurate to the best of my knowledge and belief.
6.
I acknowledge and understand that a decision, order or ruling of the Board made in respect of my application for
compensation is final and conclusive, and is not open to question or review in court except on a question of law
or excess of jurisdiction, subject only to the discretion of the Board to reconsider its own decision.
7.
If I receive any payment from the fund in relation to the Claim:
(a) I hereby assign the Claim to the Province, and I irrevocably appoint the Province my true and lawful
attorney, with full power and authority in my name and on my behalf, but at the risk, cost, expense and for the
benefit of the Province, to sue for, recover and receive the proceeds of the Claim hereby assigned, and to give
good and sufficient releases therefore; and
(b) I undertake to repay to the fund money equal to the value of anything received by me from any source in
payment of the loss arising from or in connection with the Claim.
8.
I acknowledge that the Board may be required to share my personal information in this Claim in accordance
with the Terms of Service (section 9 of this Form) and I consent to the release of personal information for such
purposes.
Claimant
Claimant (if applicable)
Signature:
Signature:
Name:
Date:
first name
day
last name
month
year
Name:
Date:
first name
day
last name
month
year
Legal Representative for Complainant (if applicable)
Signature:
MDCCF Claim Application / Version 4 / April 2015
Page 6
Name:
Date:
first name
day
last name
month
MDCCF Claim Application / Version 4 / April 2015
year
Page 7
Motor Dealer Customer Compensation Fund
Cash Payment Affidavit
I,
(Your name)
of
(City / town)
of ___________________________________ MAKE OATH AND SAY THAT:
(Province)
On the
(Date of payment)
I paid $
(Amount paid)
day of
in cash to
(Month of payment)
,
(Year of payment)
(Motor Dealer’s name)
in respect to the purchase of a
(Vehicle year, make, model)
.
SWORN BEFORE ME
at the city of
)
in the Province of
)
this
)
day of
.
)
)
________________________________
)
A Commissioner for taking Affidavits for
)
the province of
)
_______________________
(Your signature)
DO NOT SIGN your Affidavit until a commissioner for taking affidavits is
present.
Cash Payment Affidavit / Version 2 / May 2011