The VSA is responsible for the administration and enforcement of the Motor Dealer Act (MDA) and its regulations, and the Business Practices and Consumer Protection Act (BPCP Act) as it relates to the retail sale of cars, light trucks, motorcycles and recreation vehicles to consumers.
VSA Enforcement Options
- Inspections & Investigations Routine Inspection Form
- Verbal or written warnings - a record of which is kept on file
- Conditions added to a licence to be met within a certain time period
- Violation ticket with a fine
- A Motor Dealer Act Undertaking. A voluntary agreement to do certain things with specified consequences for failing to do so and made a condition of a licence.
- A Business Practices and Consumer Protection Act Undertaking. A voluntary agreement to do certain things within a specified time with broad consequences for failing to do so.
- A hearing before the Registrar
- A compliance order issued after a hearing – where the Business Practices and Consumer Protection Act has been violated.
- An administrative penalty issued after a hearing - where the Business Practices and Consumer Protection Act has been violated.
- Suspension of a motor dealer or salesperson licence
- Cancellation of a motor dealer or salesperson licence
The VSA and the Registrar may choose the level of enforcement deemed appropriate based on the facts of the particular case and the past history of the motor dealer or salesperson. Some of the considerations include, but are not limited to:
- Previous enforcement actions for contraventions of a similar nature by the person
- The gravity and magnitude of the contravention
- The extent of the harm to others resulting from the contravention
- Whether the contravention was repeated or continuous
- Whether the contravention was deliberate
- Any economic benefit derived by the person from the contravention
- The person's efforts to correct the contravention
- Placing conditions on a licence to satisfy the public interest
- Suspending a licence for a period of time to satisfy the public interest or for the duration required to fulfill the conditions placed upon the licencee
- An administrative penalty necessary to obtain compliance and deter future contraventions by the licensee and the industry in general, and
- The cancellation of a licence in order to ensure that the public interest is served and where no other options are appropriate. For example, within the balance of probabilities, a cancellation could occur if it is deemed that there will likely be future contraventions by the licensee.