Registrar's Decision 14-02-004

Outcome:

• The Regulation makes it clear that the VSA is to assess the conduct of an applicant and consider if it is in the public interest that they should or should not be licensed.
• When the concern is focused on a past criminal record, the individual circumstances of the applicant should be considered and the overarching principle is that there should be no discrimination based on a criminal record unless the record relates to the occupation in which the licence is sought: section 14 Human Rights Code.
• The Registrar found Mr. Curtin’s criminal record was, in part, related to the occupation of a licensed salesperson. However, the Registrar was satisfied at the time that any risk Mr. Curtin poses to the public interest can be dealt with by placing proper conditions on his licence.
• The Registrar allowed Mr. Curtin a conditional salesperson licence with the following conditions:

1. Mr. Curtin’s licence is non-transferrable to another dealer without prior approval of the Authority.
2. Mr. Curtin is not to occupy a management position without prior approval of the Authority.
3. Mr. Curtin is not to handle consumer’s money, credit cards or driver’s licenses.
4. Mr. Curtin’s licence and conditions are to be reviewed after one year. The Manager of Licensing may conduct that review and remove all, some or none of the conditions at that time.
5. Mr. Curtin may ask for a hearing before the Registrar to review the Manager’s decision under 4) or ask that a condition be removed at any time.