BILL 24 – 2004
MOTOR DEALER AMENDMENT ACT, 2004

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Motor Dealer Act, R.S.B.C. 1996, c. 316, is amended

(a) by renumbering the section as section 1 (1),

(b) in subsection (1) by repealing the definition of "manufactured home",

(c) in subsection (1) by repealing the definition of "motor dealer" and substituting the following:

"motor dealer" means a person who, in the course of business,

(a) engages in the sale, exchange or other disposition of a motor vehicle, whether for that person's own account or for the account of another person, to another person for purposes that are primarily personal, family or household,

(b) holds himself, herself or itself out as engaging in the disposition of motor vehicles under paragraph (a), or

(c) solicits, offers, advertises or promotes with respect to the disposition of motor vehicles under paragraph (a),

but does not include a person exempted by regulation or an individual referred to in paragraph (a) of the definition of "salesperson"; ,

(d) in subsection (1) by repealing the definition of "motor vehicle" and substituting the following:

"motor vehicle" means a self propelled vehicle designed or used primarily for travel on a highway as defined in the Highway Act, and includes a trailer, as defined in the Motor Vehicle Act, designed or used primarily for accommodation during travel or recreation, but does not include

(a) an all terrain vehicle, as defined in section 1 of the Motor Vehicle Act Regulations,

(b) a farm tractor or motor assisted cycle, as those terms are defined in the Motor Vehicle Act,

(c) machinery primarily intended for construction, mining or logging purposes, or

(d) a vehicle exempted by the regulations; ,

(e) in subsection (1) by repealing the definition of "salesperson" and substituting the following:

"salesperson" means

(a) an individual, other than a motor dealer, who, on behalf of a motor dealer and for or in the expectation of a fee, gain or reward,

(i) solicits, negotiates or arranges for the sale of a motor vehicle to a person, or

(ii) in any way participates in the soliciting, negotiating or arranging for the sale of a motor vehicle to a person, or

(b) an individual who is a motor dealer and who

(i) solicits, negotiates or arranges for the sale of a motor vehicle to a person, or

(ii) in any way participates in the soliciting, negotiating or arranging for the sale of a motor vehicle to a person. , and

(f) by adding the following subsection:

(2) Without limiting the definition of "motor dealer", a person who carries on the activities described in paragraphs (a) to (c) of that definition in respect of 5 or more motor vehicles within a 12 month period is, subject to an exemption by regulation, deemed to be a motor dealer.

2 Section 13 (3) is repealed.

3 Section 15 is amended by adding the following subsection:

(3.1) If under an administrative agreement the authority is to administer the provisions of this Part,

(a) subsections (2) and (3) do not apply,

(b) the board consists of the number of members appointed by the authority, one of whom must be designated as chair, and

(c) each member must be reimbursed for reasonable traveling and out of pocket expenses necessarily incurred in the discharge of board duties and, in addition, may be paid the remuneration set by the authority.

4 Section 16 (5) is repealed.

5 Section 24.2 (1) is amended by adding ", including any power, function or duty of the minister or registrar," after "the regulations".

Commencement

6 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item	Column 1 Provisions of Act	Column 2 Commencement
1	Anything not elsewhere covered by this table	The date of Royal Assent
2	Sections 1 (b), (d) and (f) and 2	By regulation of the Lieutenant Governor in Council
3	Section 5	April 1, 2004, retroactive to the extent necessary to give it effect on and after that date