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
The Authority discovered the salesperson had a criminal record upon conducting a salesperson review.
The salesperson falsified his declaration on his renewal application.
The salesperson apologized stating he received outside advice that he did not have to declare his criminal record.
Numerous letters of support, including from his employer, were provided and the compliance officer conducting the investigation noted the salesperson cooperated throughout.
The salesperson completed the conditions of his release early and his sentence has been fully served.
There were no past concerns with the salesperson either from the licensing or compliance staff.
Section 14 of the BC Human Rights Code prohibits refusing a person a license due to a criminal record unless that record is related to the occupation.
The law requires that the totality of the facts be considered to determine if the offence is related to the occupation.
In considering the facts of this case, the Registrar noted that the offence has some relationship to the occupation in very specific factual situations, but certainly not to the degree as was found by the Registrar’s in Basset (VSA File No. 09-108822).
Concern was expressed of the salesperson’s falsification, which the salesperson admitted was in error based on bad advice he received.
It was held that the salesperson may maintain his license on condition that he immediately inform the Authority of any investigations of a criminal offence or other offence as soon as he becomes aware of one.
The salesperson’s license is to be reviewed by the Registrar in one year’s time.