Registrar's Decision 13-005

Hearing file Number: 13-005

Date of Decision: February 18, 2013

Complainant: Vehicle Sales Authority of B.C. (“the Authority”)

Licensees/Applicant: Arthur Curtis Patey, licence applicant (“the Applicant”)

Allegations:

The Authority raised two concerns

(a) the Applicant’s past USA criminal convictions, and

(b) the Applicant failed to advise the Insurance Council of BC of these convictions when he applied for a license with that organization.

The Applicant explained the failure to advise the Insurance Council of their past USA convictions. The Applicant also stated that the Authority was without jurisdiction to consider criminal convictions from another country, as Canada was its own sovereign nation and could not assess convictions from another country.

Registrar held and ordered:

• The Registrar noted that the Motor Dealer Act and the Salesperson Licensing Regulation allows the review of any conduct of an applicant for a licence regardless of where that conduct occurred. Also, BC’s Evidence Act, s. 26, and the Canada Evidence Act, s.23, allows the admission of court records and decisions from the USA into evidence in proceedings in BC and in Canada.
• Under the facts, the Registrar accepted the applicant’s explanation regarding the Insurance Council allegation, which the Registrar noted was also in the Insurance Council’s findings.
• The Registrar noted the applicant did not intend to act as a salesperson but was trying to rebuild trust by holding a salesperson licensee.  The Salesperson Licensing Regulation contemplates a person holding a salesperson license only while active as a salesperson.
• The Registrar also found the USA criminal convictions were serious enough to deny the Applicant a salesperson licence and because the Applicant did not show sufficient remorse or rehabilitation for their convicted conduct.
• The Registrar denied issuing the Applicant a salesperson licence and prohibited them from reapplying for a salesperson licence for three years.

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