In the matter of THE MOTOR DEALER ACT R.S.B.C. 1996 C.316 and THE SALESPERSON LICENSING REGULATION B.C. Reg. 241/2004
A hearing was called pursuant to sections 6 and 7 of the Salesperson Licensing Regulation (the “Regulation”) to review the conduct of Edward Chieduch for licensing as a salesperson, specifically:
Mr. Chieduch’s criminal conviction; and
Cancellation of Mr. Chieduch’s insurance licence by the Insurance Council of B.C.
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 that it had been four years since Mr. Chieduch’s criminal conviction. Since then he had obtained training and counselling.
The Registrar was satisfied at the time that any risk Mr. Chieduch poses to the public interest can be dealt with by placing proper conditions on his licence.
The Registrar allowed Mr. Chieduch a conditional salesperson licence with the following conditions:
Mr. Chieduch must successfully complete the Salesperson Certification Course;
Mr. Chieduch is not to handle consumers’ money and must provide any deposits received from consumers to his employer immediately;
Mr. Chieduch must be employed by only one dealer and must obtain prior written approval to be employed at multiple dealers;
Mr. Chieduch is not to hold a manager’s position without the prior written approval of the VSA;
Mr. Chieduch must immediately advise the VSA of any new or changes in employment;
The VSA is to interview the dealer and Mr. Chieduch’s manager six months after starting employment to ensure abiding by the conditions; and
Conditions may be reviewed after one year with the Manager of Licensing, Hong Wong, having authority to remove or modify conditions.