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repealed.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.