Qp Date
This Act has "Not in Force" sections. See the Table of Legislative Changes.

Business Practices and Consumer Protection Act

[SBC 2004] CHAPTER 2

Part 9 — Licences

Definition

142  In this Part, "designated activity" means a business, industry, trade, profession, occupation or employment designated by regulation under section 142.1.

Designated activities

142.1  (1) For the purposes of this Part, the Lieutenant Governor in Council may designate, by regulation, a business, industry, trade, profession, occupation or employment except any of those referred to in subsections (2) to (4).

(2) The Lieutenant Governor in Council may not designate a business, industry, trade, profession, occupation or employment in relation to which any of the following apply:

(a) the Accountants (Certified General) Act;

(b) the Accountants (Chartered) Act;

(c) the Accountants (Management) Act;

(d) the Agrologists Act;

(e) [Not in force]

(f) the Architects Act;

(g) the Architects (Landscape) Act;

(h) the Building Officials' Association Act;

(i) the Chiropractors Act;

(j) the College of Applied Biology Act;

(k) the Community Care and Assisted Living Act;

(l) the Dentists Act;

(m) the Engineers and Geoscientists Act;

(n) the Fisheries Act;

(o) the Food Safety Act;

(p) the Foresters Act;

(q) the Game Farm Act;

(r) the Gaming Control Act;

(s) the Emergency Health Services Act;

(t) the Health Professions Act;

(u) the Hearing Aid Act;

(u.1) the Homeowner Protection Act;

(v) the Independent School Act.

(3) In addition to subsection (2), the Lieutenant Governor in Council may not designate a business, industry, trade, profession, occupation or employment in relation to which any of the following apply:

(a) the Land Surveyors Act;

(b) the Legal Profession Act;

(c) the Liquor Control and Licensing Act;

(d) the Liquor Distribution Act;

(e) the Medical Practitioners Act;

(f) the Milk Industry Act;

(g) the Motor Dealer Act;

(h) the Music Teachers (Registered) Act;

(i) the Notaries Act;

(j) the Nurses (Registered) Act;

(k) the Optometrists Act;

(l) the Passenger Transportation Act;

(m) the Pharmacists, Pharmacy Operations and Drug Scheduling Act;

(n) the Podiatrists Act;

(o) the Security Services Act;

(p) the Railway Safety Act;

(q) the Real Estate Services Act;

(r) the Safety Standards Act;

(s) the Social Workers Act;

(t) the Teachers Act;

(u) the Tobacco Sales Act;

(v) the Veterinarians Act;

(w) the Wildlife Act.

(4) In addition to subsections (2) and (3), the Lieutenant Governor in Council may not designate a business, industry, trade, profession, occupation or employment that is subject to the authority of any of the following:

(a) the British Columbia Securities Commission;

(b) the British Columbia Utilities Commission;

(c) the Financial Institutions Commission;

(d) [Repealed 2010-2-9.]

(e) the Private Career Training Institutions Agency.

(5) Subsection (4) (c) does not apply if the designated activity is the offering, arranging or providing of payday loans to or for consumers.

Licence required

143  A person must not engage in a designated activity unless the person is

(a) licensed to engage in the designated activity, or

(b) exempted by regulation from the requirement to be licensed.

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.

Contents  |  1  |  2  |  3  |  4  |  4.1  |  5  |  6  |  6.1  |  7  |  8  |  9  |  10  |  11  |  12  |  13  |  14  |  15