FILE NUMBER: 10-014

HEARING DATE: April 16, 2010

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

COMPLAINANT: REGISTRAR

MOTOR DEALER and/or SALESPERSON: WAYNE JENKINS (Salesperson #115318)

ISSUE:

• Mr. Jenkins applied for a salesperson licence.
• Mr. Jenkins had a criminal record – and one issue was not on Mr. Jenkins declaration.
• Mr. Jenkins had declared he worked as a salesperson while not licenced in 2005-06.
• Hearing to review whether it is in the public interest to issue Mr. Jenkins a licence.

OUTCOME:

• The majority of the issues were not related to the occupation of a salesperson: section 14 B.C. Human Rights Code.
• The one issue that may relate to the occupation of a salesperson was adequately explained to the Registrar.
• Licence was issued on conditions:
  • Pay salesperson back fees for 2005-06.
  • Licence was non-transferable to another dealer without prior approval of the Authority.
  • Not to occupy a management position without prior approval of the Authority.
  • Conditions to be reviewed in 6 months by the Manager of Licensing who could remove all, some or none of the conditions.
  • Mr. Jenkins may ask for a hearing before the Registrar to review the Managers’ decisions.

COMPLETE DECISION: Noted above

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