Licensing: General automotive business license

2.1.  The class of license to be known as the general automotive business license is established.
2.2.  A person who holds a general automotive business license is authorized to engage in the automotive business.
2.3.  A general automotive business license that was issued on or after May 1, 1999 expires on June 30, 2000.
2.4.  A general automotive business that was issued before May 1, 1999 expires on the date on which it would have expired under
       the Automotive Business Licensing Regulation (AR 188/78) had it not been repealed.
2.5  The Council shall not levy an assessment under the Act on the holder of a general automotive business license referred to in
       section 2(4) until that license has expired as set out in section 2(4).
 

New classes of    license

3.1. The following classes of automotive business    license are established:
(a) automotive sales    license;
(b) automotive leasing    license;
(c) automotive consignment    license;
(d) automotive repair    license.
3.2. A person who holds an automotive sales    license is authorized to engage in the business of:
(a)  selling motor vehicles, whether as a retailer or wholesaler, other than selling motor vehicles on consignment, or
(b)  negotiating or conducting on a consumer’s behalf an agreement in which the consumer buys, sells or leases a motor vehicle.
3.3.  A person who holds an automotive leasing    license is authorized to engage in the business of leasing motor vehicles
3.4.  A person who holds an automotive consignment    license is authorized to engage in the business of selling motor vehicles on consignment.
3.5.  A person who holds an automotive repair    license is authorized to engage in the business of repairing or servicing motor vehicles.
3.6.  This section comes into force on July 1, 2000.

Complying with laws

4. The Director may refuse to issue or to renew a     license to an applicant if:
(a)  the applicant is unable to satisfy the Director that the applicant is complying with the laws, including municipal bylaws, that apply to the automotive business to be operated under the     license,
(b)  in the Director’s opinion, the applicant has contravened the standards of conduct that apply to the automotive business to be operated under the     license, or
(c)  a claim has been paid from the compensation fund in respect of the applicant and the applicant has not reimbursed the compensation fund for the amount of the payment.

Term

5. The term of a general automotive business     license is as follows:

a. Where before June 30, 2000, a person holds a general automotive business     license that was issued on or after May 1, 1999
    and applies for a     license referred to in section 3, the new     license has a term of one year and may be renewed for additional
    one-year terms.
b. Where a person does not hold a general automotive business     license before June 30, 2000 and applies for a     license referred to
    in Section 3, the new     license has a term of one year and may be renewed for additional one-year terms.
c. Where a person holds a general automotive business    license referred to in section 2(4) and applies for a    license referred to
    in Section 3 on the expiry of the general automotive business    license, the new    license has a term of one year and may be
    renewed for additional one-year terms.
d. In a case where, in the opinion of the Director, it is in the public interest to issue a    license referred to in Section 3 for a term
    of less than one year, the Director may do so.
 

Death of licensee

6. If a licensee dies during the term of the     license, the     license is deemed to be held by:
(a) the licensee’s executor,
(b) the administrator of the licensee’s estate, or
(c)  the licensee’s next of kin where letters of administration have not been granted until the     license expires or the business ceases to be carried on by any of those persons, whichever event occurs first.

Partnership

7.1.  The term of a     license issued to a partnership expires when there is a change in the partners.
7.2.  When there is a change in the partners, the remaining partners of the partnership must notify the Director and return the     license to the Director.

Transfer of     license

8.  A     license does not confer any property right and no licensee may sell, transfer, assign, lease or otherwise dispose of or deal in a     license.

Records

9.  In addition to the requirement to maintain financial records in accordance with section 132(1) of the Act, every licensee and former licensee must maintain all records and documents created or received while engaged in the business authorized by the     license for at least 3 years after the records were created or received.

Duty to produce     license

10.  Every licensee must produce the licensee’s     license for inspection or provide details about the     license that make it possible to determine if the person has been issued a     license when requested to do so:
(a) by a customer or potential customer of the licensee,
(b) by an inspector or the Director, or
(c) by a peace officer as defined in the Provincial Offences Procedure Act.