BILL 2 – 2004
BUSINESS PRACTICES AND CONSUMER PROTECTION ACT

 
Part 9 -- Licences

Definitions

142 In this Division:

"bailiff" has the same meaning as in section 125 [definitions];

"collection agent" has the same meaning as in section 125 [definitions], but does not include a bailiff;

"debt pooler" has the same meaning as in section 125 [definitions];

"telemarketer" means a supplier who initiates contact with a consumer by telephone or facsimile for the purpose of conducting a consumer transaction;

"tow truck driver" means a tow truck driver as defined by regulation;

"travel agent" means a person who, in the course of business, sells or otherwise provides to the public travel services supplied by another person;

"travel service" means transportation, accommodation or other service for the use or benefit of a traveller, tourist or sightseer;

"travel wholesaler" means a person who, in the course of business,

(a) supplies the person's own travel transportation to the public on an irregular basis at nonfixed times,

(b) purchases or acquires from another person rights to travel services for the purpose of resale, or

(c) deals with travel agents or other travel wholesalers for the sale of travel services supplied by another person.

Licence required

143 A person must not act or hold himself, herself or itself out as any of the following, unless the person is licensed for that purpose or is exempt by regulation from the requirement to be licensed:

(a) bailiff;

(b) collection agent;

(c) debt pooler;

(d) telemarketer;

(e) tow truck driver;

(f) travel agent;

(g) travel wholesaler.

Application for licence

144 A person may apply to the director for a licence by submitting to the director

(a) the information, application form and other records required by the director,

(b) the information and records required by the regulations, and

(c) the fees and other payments required by the regulations or set under section 179 [power of administrative authority to set fees].

Licences

145 (1) The director may issue a licence to an applicant and impose conditions on the licence.

(2) A licence is not transferable.

Actions by director respecting licence

146 (1) The director may

(a) refuse to issue or renew a licence,

(b) suspend or cancel a licence, or

(c) amend, impose or rescind conditions on a licence.

(2) Without limiting the authority of the director under subsection (1), the director may make a decision under subsection (1) if the applicant or licensee does any of the following:

(a) contravenes this Act or the regulations;

(b) fails to meet or no longer meets the minimum requirements for a licence as specified in the regulations;

(c) contravenes a condition of a licence;

(d) engages in a pattern of conduct that shows, in the director's opinion, that the person is unfit to have a licence;

(e) is convicted of an offence under

(i) this Act or any other enactment, or

(ii) a law enacted by the government of Canada, another province of Canada or a foreign jurisdiction

for conduct that shows, in the director's opinion, that the person is unfit to have a licence.

(3) Without limiting the authority of the director under subsection (1), the director may make a decision under subsection (1) if the applicant or licensee is an employer, employee, officer, director or agent of a licensee against whom the director has made a decision under subsection (1).

(4) A licensee must immediately give a cancelled licence to the director.

Opportunity to be heard and reconsideration

147 (1) Before the director makes a decision under section 146 [actions by the director respecting licence], the director must give the applicant or licensee an opportunity to be heard.

(2) Despite subsection (1), if, in the director's opinion, the length of time required to give the applicant or licensee the opportunity to be heard would be prejudicial to the public interest, the director may make the decision before giving the applicant or licensee an opportunity to be heard.

(3) If the director makes the decision before giving the applicant or licensee an opportunity to be heard, the director must notify in writing the applicant or licensee of the decision and of the right of the applicant or licensee to request, within 30 days, an opportunity to be heard.

(4) The director must give the applicant or licensee an opportunity to be heard within 30 days from the date the director received the request referred to in subsection (3).

(5) The director must give the applicant or licensee written reasons for the decision.

(6) The decision may be reconsidered in accordance with Division 1 of Part 12 [reconsiderations].

Trust account required by licensee

148 (1) If required by the regulations, a licensee must establish a trust account with a savings institution in British Columbia.

(2) The licensee is the trustee of the trust account.

(3) Money paid into the trust account is not subject to any process of garnishment, attachment, execution or seizure under any legal process by a creditor of the licensee.