Blair Qualey joins - New Car Dealers · A publication for members and friends of the New Car...

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November-December 2015 A publication for members and friends of the New Car Dealers Association of B.C. NCDA President & CEO Blair Qualey joins Premier Christy Clark in Beijing, China Page 4 Left to Right: Shen Jinjun, Chairman, China Automobile Dealers Association; Ben Stewart, BC Special Representative in Asia; BC Premier Christy Clark; Blair Qualey, President & CEO, NCDA

Transcript of Blair Qualey joins - New Car Dealers · A publication for members and friends of the New Car...

November-December 2015A publication for members and friends of the New Car Dealers Association of B.C.

NCDA President & CEO Blair Qualey joins Premier Christy Clark in Beijing, China Page 4

Left to Right: Shen Jinjun, Chairman, China Automobile Dealers Association; Ben Stewart, BC Special Representative in Asia; BC Premier Christy Clark; Blair Qualey, President & CEO, NCDA

Page 4

2 SIGNALS NOVEMBER - DECEMBER 2015

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SIGNALS NOVEMBER - DECEMBER 2015 3

Contents

In This Issue

8AUTO SHOW GALA

Save the Date!

10Q&A

We Chat with the Honourable Suzanne Anton, Minister of Justice

& Attorney General

12COMPUTER CENTS

Cybercrime - Is Your Dealership Data at Risk?

16AUTOMOTIVE WORKSHOPS

BCIT and NCDA Bring YouValuable Workshops

18VSA UPDATE

Quick Action Shuts Down UnLicensed Dealer

20LEGALINE

The Duty of Fair DealingIt's the Law

10

128

PRESIDENT’S MESSAGE

6VANCOUVER INTERNATIONAL

AUTO SHOW

Be Part of It!

8SCRAP-IT

Big Incentives, Big Environmental Impacts

6

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4 SIGNALS NOVEMBER - DECEMBER 2015

Copyright: The contents of Signals, such as text, articles, opinions, views, graphics, images, and the selection and arrangement of information (the “Content”), are protect-ed by copyright and other intellectual property laws under both Canadian and foreign laws. Unauthorized use of the Content may violate copyright, trademark, patent and other laws. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of it. Disclaimer: Information contained within Signals is for general information purposes only and may not be entirely complete or accurate. Use of Signals’ content is done so at your own risk.

Unit 70 – 10551 Shellbridge WayRichmond, BC V6X 2W9

Tel: 604-214-9964Fax: 604-214-9965

[email protected]

Offi cers and Directors

Jim Inkster Chairman Aspol Motors Ltd.

John Chesman Vice-Chairman MCL Motor Cars

Blair Qualey President & CEO New Car Dealers Association of BC

Directors

Paul Batchelor Pacifi c Newspaper Group

Mark Edmonds Ferrari Maserati of Vancouver

Darren Graham Applewood Auto Group

Jeff Hall Hallmark Ford Sales

Ryan Jones Marv Jones Honda

Moray Keith Dueck Auto Group

Derral Moriyama Bank Of Montreal

John Wynia Harbourview Volkswagen

Chief Car Washer’s Message

S gnalsAs 2015 will soon pass into our rear-view mirror, I thought I should touch on some highlights from what has been a very busy and successful year for BC's New Car Dealers and their Association, the NCDA.

The business climate has been very good the past year for our New Car Dealers members around BC and we have seen the construction of many spectacular new dealerships. The complexity of the business continues to grow and is not without its challenges, from fi nding well-trained service technicians and apprentices to satisfying the continually evolving demands of customers, whether on-line or in dealerships.

Throughout 2015, the Association has been focused on various provincial government re-lated issues, from clarifi cation around the valuation of demo vehicles under the new PST to working with our regulator, the MVSA, on improvements to legislation impacting our sector.

Our national association, CADA, has been very active this year, working on numerous fi les including a very important GST policy issue while preparing for the Federal Election.

Since early 2013, the Canadian Automobile Dealers Association (CADA), in partnership with the Trillium Automobile Dealers Association (TADA), has led a sustained and coordi-nated campaign to help dealers being audited and assessed by CRA for unpaid HST/GST on fi nance income. Since that time, this has been the number one advocacy priority set by CADA’s Board of Directors.

In early February 2015, CADA sent a memo to all dealers announcing that our collective ef-forts were successful. The CRA’s Appeals Division confi rmed that both conditional sales and fi nancing contracts are deemed HST/GST exempt. The Appeals Division also confi rmed that they would be vacating all assessments on both conditional sales and fi nancing contracts.

This is a signifi cant victory for all dealers, even those not under audit, as a loss on this issue would have led to nationwide assessments and penalties for every dealership in the country. We should note that CRA has advised that it is reviewing its view that income derived from the sale of insurance products remains taxable under the Excise Tax Act. Stay tuned.

In October, Canadians elected a new Liberal government. Our national association has worked closely with many key government members and is well positioned to continue to advance the New Car Dealer agenda in Ottawa.

October was also Small Business month and NCDA was in Victoria meeting with cabinet ministers and touring dealerships for the Association’s ‘Legislative Day’. NCDA hosted the government caucus at a reception and the Association was recognized in the Legislature for its valuable contributions to the community fabric in the 55 communities they do business in across the province. The visit also provided an opportunity to update government on the high uptake of CEVforBC incentives that have continued unabated since the program’s launch in April.

On the international level, early in November, I had the privilege of joining Premier Christy Clark in Beijing, China for a portion of her Trade Mission before travelling on to speak at the Chinese Automotive Dealers Association (CADA) annual Convention in Xiamen. I was thrilled to be joined on the trip by one of our Association Board Members, Ryan Jones, who also chairs our “Automotive Leaders of Tomorrow” program.

In Beijing, under the watchful eye of Premier Christy Clark, the Chairman of the Chinese Dealers Association (CADA), Mr. Shen, and I signed a Memorandum of Understanding (MOU) as part of the Trade Mission program. Under the MOU, our two associations committed to share industry expertise and work collaboratively to strengthen the knowl-edge and capabilities of both organizations for the ultimate benefi t of our respective members. This agreement is an important step towards strengthening our relationship and working with China to create stronger environmental and economic initiatives in both of our respective jurisdictions.

SIGNALS NOVEMBER - DECEMBER 2015 5

Blair Qualey - President & CEO

If you are wondering how big the Chinese market is, CADA has over 6300 members who have sold some 24 million new vehicles and 8 million used vehicles last year. Their members employ over 2 million people.

While in China, we had the opportunity to visit some dealerships and to kick the tires on some Chinese manufactured vehicles from Great Wall Motors, among others. When these Chinese OEMs make the decision to come to North America, they will present solid competition to some of the brands sold in Canada. As Jimmy Pattison told me, when he encouraged me to accept the invitation for the China trip, the Chinese OEMs are making sure they get the product quality right. When they do come here, we want them to know BC's New Car Dealers and their Association will be a key to their brands’ success!

I was truly honored to be invited to speak, along with industry leaders from the USA, UK, Italy, and Russia, to the 2000 delegates at the opening ceremony of the CADA convention and later during the CADA Convention's international forum. I spoke of BC and Canadian auto-motive industry issues and invited their Board of Directors and their member dealers to join us for an Asia Pacifi c Automotive Summit at the Vancouver International Auto Show.

Speaking of the Auto Show, we’re just a few short months away from the 2016 edition and our Auto Show team is hard at work fi nalizing all the plans for another record breaking event, including the opening night gala celebrations. There are many exciting opportunities for member dealers to engage in at the Auto Show. You’ll fi nd it’s the gift that keeps on giving!

As I conclude this edition’s message, I encourage you to read SIGNALs from cover to cover as we have many important articles and tips for you inside.

On behalf of our Board of Directors and our staff team at the NCDA, I wish you and yours a very Happy and Healthy Holiday Season and warm wishes for a Happy and Prosperous New Year. Gung Hay Fay Choy.

Yours truly,

Happ y Holi days!

from the New Car Dealers Association

of BC Staff and Directors

In lieu of holiday cards, a donation has been made to the Salvation Army.

6 SIGNALS NOVEMBER - DECEMBER 2015

YOUR Vancouver International Auto Show Rolls Into Town March 23rd to 27th, 2016!

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B uckle up and get ready for the ride of the year. If all the changes that took place in 2015 are any indication, 2016 is going to blow the green roof off the Convention Centre.

Did you know that your show grew 25% last year, seeing a return of exotic OEM's and providing opportunities for dealers and commercial vendors? Or that we increased attendance 17% to 98,600 consumers? How about the fact media impressions were up 489%? Your show is carving out a name for itself and we want to ensure you know how your dealership can benefi t.

Any NCDA dealership and associate member is welcome to partici-pate: modifi ed vehicles, accessories, specialty branding initiatives are all fantastic ways for over 100,000 consumers to see your products. Every person entering the show in the beautiful ballroom space will pass by your booth in the commercial marketplace. Entrances and pathways are designed to drive traffi c. This is your single best oppor-tunity of the year to build your contact/client list. But space is quickly disappearing and we will sell out in 2016.

The cost: $8 per square foot. That is only $1,600 for a 10x20, or $3,200 for a 20x20 that could hold two vehicles and more. Perhaps you have a contesting idea, or a prize giveaway on social media? Allow this year’s Auto Show to help take your marketing to a whole new level.

Don’t delay, contact us today to learn how we can help you put the pedal to the fl oor! Please contact: Joshua Peters, 778-231-1982, or [email protected].

VancouverInternationalAutoShow.com

SIGNALS NOVEMBER - DECEMBER 2015 7

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As you may have heard, SCRAP-IT is offering a $3,250 electric vehicle incentive… and the best part is, it can be combined with CEVfor BC incentives. In some cases, customers will receive up to $8,250 off the purchase of a new electric vehicle.

Why promote electric vehicle sales?

Scrapping 1 vehicle and replacing it with an electric vehicle will result in a 67 tonne carbon reduction. To give that some perspective, 67 metric tonnes of CO2 has the same volume as the air it would take to fi ll 13.4 hot air balloons. That is a signifi cant difference and customers who take advantage of these valuable incentives know they are making a positive contribution to the environment.

Why send an older polluting vehicle to SCRAP-IT?

All scrapped vehicles are permanently and properly recycled in accordance with the provincial acts and regulations. No used parts are sold back into the market, thereby keeping other older, polluting vehicles on the road. SCRAP-IT customers have been encouraged to choose alternate forms of less polluting transportation, including new replacement vehicles from participating new car dealers throughout the province since 1996.

What does SCRAP-IT have to do withclimate change?

Since inception this program has promoted the migration of it’s customers into clean/cleaner energy vehicles and other forms of transportation. It has scrapped over 38,000 vehicles, taking 747,500 tonnes of carbon out of the air we breathe. It also supports healthy communities by making sure 152,364 tires, 609,456 litres of fl uid, 38,091 mercury switches, and 53,708 tonnes of steel were all properly recycled.

SCRAP-IT is the “little program that could.” Through it’s partnerships with over 403 BC-based private-sector businesses it has delivered great results. Through it’s continued partnership with new car dealers provincially, it will continue to make big environmental impacts.

For details about the electric vehicle incentive, replacement vehicle incentive or the 8 other options available, please visit their website at: www.scrapit.ca

BC SCRAP-IT: Big Incentives, Big Environmental Impacts

Celebrate Your Industry and the Launch of Your Show

at the Auto Show GalaWEDNESDAY, MARCH 23, 2016 –

VANCOUVER CONVENTION CENTRE EAST

he Auto Show Gala serves as the industry launch event for the Vancouver International Auto Show. This highly anticipated gala evening gives dealer and

associate members, manufacturers, government and media guests an opportunity to network and mingle over cocktails and canapés all while catching a peek of the vehicles and displays.

The Auto Show Gala continues to offer an enjoyable sit-down dinner format. Utilizing the ballrooms and eye opening manufacturer displays, the Gala continues to be a unique guest experience.

The prestigious BC Salespeople of the Year Awards and Community Driver Awards will be presented. The Gala is the only one of its kind in Canada, incorporating a sit-down dinner and networking opportunities with the public launch and Show debut on the Show fl oor.

This is a charity event, with funds going to the New Car Dealers Foundation of BC.

EVENT INFORMATIONDate: Wednesday, March 23, 2016Venue: Vancouver Convention Centre East (999 Canada Place)Dress Code: Semi-formal attireTiming:5:30pm – 6:15pm – Pre-Dinner Reception6:15pm – 8:00pm – Dinner Gala and Awards Presentation8:00pm – 10:00pm – Show Debut and Public Party

TICKET INFORMATIONSingle Tickets:$199 (Early Bird until February 28)$249 (After February 28)Reserved Table of 10:$1,800 (Early Bird until February 28)$2,300 (After February 28)

All ticket sales are fi nal. Ticket sales close March 9 or when sold-out!

Tickets may be purchased online at www.newcardealers.ca or www.vancouverinternationalautoshow.com or by calling 604-214-9964.

SPONSORSHIPMarketing opportunities are available. Contact Christie at [email protected] to discuss how your organization may become involved as an event partner.

SIGNALS NOVEMBER - DECEMBER 2015 9

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ecently I had the pleasure of sitting down with the Hon. Suzanne Anton, BC Minister

of Justice and Attorney General, and MLA for Vancouver-Fraserview.

I have known the Minister for many years, back to my days with The Vancouver Board of Trade and she continues to be one of the smartest and hardest working politicians I have ever met and we’re fortunate to have her in this very key role in Government.

As the Attorney General and Minister of Justice, Suzanne is responsible for justice and public safety issues for the government of British Columbia. Her role includes criminal and civil justice, access to justice, justice reform, policing, corrections, road safety, violence-free BC initiatives, and services to victims of crime.

Suzanne also served two years as Minister responsible for liquor, which included a review of provincial liquor policy; and as Minister responsible for Emergency Management BC, focusing on earthquake and disaster preparedness in British Columbia. She currently serves as Vice-Chair of the Legislative Review Commit-tee, and is part of the Cabinet Committee for Secure Tomorrow. Before politics, Suzanne was a Crown counsel and a math teacher. She received a degree in Mathematics from the University of Victoria and a Bachelor of Laws at the University of British Columbia.

Here are the highlights of our conversation from Monday, August 10, 2015

The New Car Dealers of BC pride themselves on the role their dealerships play in communities across BC but lately we have seen – often on a daily basis - many communities across this province interrupted by violence and gunfi re. How are you and the Government tackling this growing challenge?

As you know I am in charge of Public Safety, and that’s something the Premier wants me to focus on over the next two years – which is something we’ve been doing, but even more prominently. Surrey has had some challenges and we’ve been working closely with them.

There are two facets to it: One is community safety, which is a local responsibility (the Mayor). Gangs and guns fall under a Provincial special enforcement unit – the anti-gang unit. And they work very closely together. So there’s the local role; the Mayor is responsible for community safety, but is working toget her with the province, working together with the police and the anti-gang unit, and working together with me and addressing some of the issues that we can help prevent the violence.

There’s been a very concerted effort by the police and the anti-gang unit; disruption techniques to reduce the level of violence. Fortunately there’s only been one death out of this, a very sad death. It hasn’t escalated in that way, but it’s an enormous community concern – having citizens injured and gunshots around them – it’s very disruptive to a community.

Surrey has turned its mind to the problem big time, and they’re getting more police offi cers. The mayor of course is extremely engaged, the police chief is engaged, we’re engaged, and it will get better.

Traffi c Safety also seems to be a top priority for you and our members. How has the Immediate Roadside Prohibition and the new Keep Right law worked so far to improve traffi c and road safety in communities?

We have implemented the Road Safety Initiative. The goal of this program is for BC to have the safest highways in North America by 2020. So we are tackling this issue from a number of directions. First off is the roadside prohibitions – drinking and driving laws. If you are over the limit while driving, you immediately lose your license or your vehicle or both. It will cost you your license, your vehicle and a lot of money. This is the toughest program in Canada and people need to understand that these are very stiff penalties and these penalties have been effective. It’s been effective - we have saved over 250 lives over the last three years. Drinking and driving is still a serious cause of death on our highways but the problem seems to be decreasing. The trend is in the right direction. BC leads the country in this Roadside prohibition. Everybody else is watching what we’re doing. It’s still being tested in the courts but if it’s successful there I’m sure the rest of the country will follow. These cases don’t go to court – it’s immediate.

(Note – a toll free number and expedited system developed by the NCDA with the kind assistance of the Minister and the Superintendent of Motor Vehicles continues to be available to dealers who have a vehicle impounded while under the care of a customer on a test drive. Note this expedited system does not apply when the vehicle is driven by an employee or an employee is in the vehicle with a customer who is driving).

with the Hon. Suzanne Anton, BC Minister of Justice and

Attorney General& MLA for Vancouver-Fraserview

with the Hon. Suzanne Anton,

Q&AR

BLAIR QUALEY'S

SIGNALS NOVEMBER - DECEMBER 2015 11

How has your consultation gone with the issue of distracted driving?

Distracted driving is now the second leading cause of death on BC highways. We are tackling this a number of different ways. Broadly, there are a lot of things that cause distracted driving: from applying make-up to tending to your dog. Where we are tackling it in terms of penalties is electronic devices. So that’s a specific offence – if you’re talking on your cellphone, playing with your navigation system, pushing buttons and not paying attention – all of these things fall under penalties that are action-able in the motor vehicle act. I’ve just done a con-sultation on that – a very successful and robust consultation. People hate it when the person in the car next to them is playing on their phone be-cause they know they’re not paying attention. Not only is it annoying and irritating for other drivers, it also kills people. So there is quite a desire to in-crease our penalties. We’re assembling the results of the consultation right now, doing an analysis and we’ll come forward soon with recommenda-tions. I would expect that over the next 6 months.

What other steps are you prepared to take to improve traffic and road safety in our communities?

There’s no question that speeding is still a factor in many accidents – but it’s not likely to be relat-ed to the speed limit changes because those are established very carefully by the ministry of transportation. So we now need to do more analysis on speeding – is it speeding through intersections, is it speeding on dangerous highways that need more construction, you know those kinds of things that we’re having a look at. I think that’s a look at our next frontier. But I want to be very careful not to tie it to the changes in speed limits. Having a speed limit change – the drivers haven’t changed their speeds.

We want our roads to be safe – there are still too many deaths on BC highways – there were 290 deaths last year – that’s a lot of people. And I want that to change and our road safety BC team is working hard on that.

Is Access to Justice a top priority for you and your government? What changes might you make in the next couple of years?

Constraint leads to innovation – you and I spoke prior to this interview about our public funds. And when you don’t have a lot of money you think about smarter ways to do things. So, Immediate Roadside Prohibitions has taken a lot of the burden off courtrooms; there are 6000 fewer cases a year go-ing into provincial court because of it. We are now doing an online dispute resolution tribunal. There are a lot of small claims cases going into small claims court – ICBC, accidents, etc. We are building an online dispute resolution system – it’s starting out with Strata disputes in a Beta version this fall. And then we will start putting civil disputes into the system.

So there’s a couple of things it will do – if you have a claim it will help you understand your own claim. It will, through a facilitator, help you to resolve your claim. If you can’t resolve it, there will be adjudication, but we want everything to go through a rather large funnel and have adjudication as a last resort. We think most claims will be resolved through this process – the end result will be to not go to court at all – and the court will be reserved for more serious matters.

So cars and small claims go together often, and this will really change the landscape for how people make claims against each other.

Until the Cabinet shuffle, your Ministry was responsible for the wide-ranging modernization of the liquor laws in our province. What changes are you most proud of introducing: Wine in Grocery stores, longer store hours at LDB stores?

I will tell you the change I’m most proud of, which is probably the least vis-ible: The separation from wholesale to retail. That was a massive change for liquor distribution in BC. What it did is create a single wholesale price from

all retailers, whether government or private or other purchasers. Between March 31 and April 1, every liquor store in BC changed everything. Leading up to that, every single person was re-trained, analy-sis was done on every product sold, new software came in - it was a massive change. Tell me – did you hear anything about it? Smooth as butter – that’s how well they did their job.

The second thing I’m most proud of is the fact that people can enjoy liquor in different ways now. If you go to a festival you can take your drink around the grounds. You can buy a local manufacturer in farm-ers markets. If you’re a bar you can change your price of liquor throughout the day, which allows Happy Hours. At the same time we set minimum pricing so you can’t give it away – we put safeguards in place. They’re very significant changes to liquor policy in

BC and I felt very proud of all the work we did. I love the politics of it. It was challenging. We have very good relationships with our stakeholders.

You have been Minister of Justice for just over 2 years now. How have you been able to change the Ministry?

I think the liquor portfolio is the most visible change. Justice – the access to Justice and the transformation through innovation. BC is a real leader in that and will continue to be a leader in that. On the public safety side, the implementation of the missing Women’s commission, the missing person’s legislation, police act changes, settlement with the families. We really took the report and went through and dealt with every piece of it.

What are you expecting to accomplish before the next election?

My goal now is to look at the big picture for public safety in BC – the different facets of prevention and enforcement and looking at what that looks like for BC. So we will be putting that package together over the next few months.

How can the New Car Dealers of British Columbia help you in your work on Public Safety including your distracted driving initiatives?

That’s an interesting question – you could meet with mayors, with police, with schools, and offer support to anti-gang programs for kids. The fed-eral and provincial government recently put money into a WRAP program which is an anti-gang initiative in schools and certainly New Car Dealers Association support would be very welcome on something like that. It’s fairly universally agreed you want kids going in a positive direction, not negative, and lots of time if kids are on the edge people know that and if they can be steered in the right direction that’s very helpful.

My thanks to Minister Anton for her time and the conversation. We look forward to working closely with her on Road Safety and of course upgrad-ing the Legislation including the Motor Dealer Act. More on that in a future issue of SIGNALS.

My goal now is to look at

the big picture for public safety

in BC

12 SIGNALS NOVEMBER - DECEMBER 2015

Computer Cents

Security, security, security – I never tire talking about it. As I write this in the middle of September, cyber crook stories just keep coming. New postings every day confi rm that cybercriminals now have a bull’s-eye on small business. You may be your very own IT department or you may have an IT support group at your disposal, but you probably don’t have much time to invest the strategies needed to protect your busi-ness and data.

I’ve said it before and I will say it again… no business is immune to data theft and loss, regardless of geography, size or industry sector. However, if you force the crooks to jump through multiple hoops to get into your network ... then they have to get through every hoop, whereas you only need to block them at one, which turns the balance in your favour.

Did you know that in a December 2014 survey by the National Small Business Association, 61% of small businesses reported being victims of a cybercrime within the past 12 months, and that the average the average cost to recover from a cyber-attack skyrocketed from $8,699 per attack in 2013 to $20,752 per attack in 2014. And, of the businesses targeted, 68% said they’d been hacked more than once.

Here are some things to consider when you are planning your defense strategy;

• Do you keep databases with information about other people?• Do you allow teleworkers, road warriors, suppliers, contractors and so on to connect in remotely?• Do you accept payments, for example from credit cards or NFC (near fi eld communication) devices? Do you make online payments?• Do you keep important business or personal data - tax returns, bills, receipts, pay slips and so on - on your computer?• Do you have an email account, or a website, or a blog, or a social me dia presence where you promote your business or simply hang out with friends?• Do you use FREE malware security systems?It doesn’t matter who you are or what your business is, chances are that you can identify with one or more these strategic pitfalls. Experts agree, as cyber crooks become ever more sophisticated, the threat to

small businesses is going to get worse before it gets better… So what can you do to beat the bad guys?

Here are four common ploys used by hackers – and how you can fend them off:

PHISHING – A really legitimate-looking e-mail urges you to click a link or open a fi le that triggers a malware installation on your computer.Best Defense: Don’t let anyone in your company open fi les or click links in an e-mail unless they’re certain who it came from.

PATCHING – failure to patch your systems makes it easy for hackers to break in. The advantage goes to cyber crooks on unpatched systems since they have had the time to fi ne tune their attack code for old ex-ploits. Best Defense: Patch early and Patch often.

CRACKING YOUR PASSWORD – Hackers can run programs 24/7 test-ing password combinations. The easier your password is to guess, the more likely it is they'll crack it.Best Defense: Consider using a password manager that generates and stores tough-to-crack passwords. For extra security, use unique pass-phrases for fi nancial accounts in case the manager gets hacked. You may also want to consider the use of two factor-authentication.

DRIVE-BY DOWNLOAD – You visit what appears to be an innocent site; yet when you click, your device gets hacked – and you may never know it, until it’s too late.Best Defense: Make sure your browser is up-to-date, or use one that updates automatically, such as Firefox or Chrome. Internet Explorer users have been found to be most vulnerable to these attacks. AND always be sure that site you are visiting is the one you actually want.

Unfortunately, these four examples are just a small sampling of the dozens of ever more ingenious ways cybercriminals are breaking down the doors and destroying unprepared businesses.

Let us help! If you are concerned that you are easy pickings for cyber criminals, call our offi ce and schedule a FREE 15-Point Cyber-Secu-rity Audit to uncover gaps in your company’s online security. To take advantage of this limited-time offer, call now at 604-270-1730 and ask for Bob, go to bit.ly/stopbadguys, or connect with us via email at [email protected], and schedule your security audit today.

Your comments are appreciated – [email protected]

Bob Milliken is the President of Cascadia Systems Group.We take care of your IT so you can take care of your business. You can reach Bob directly at 604.270.1730, or by email at [email protected]

Cybercriminals Have Easy Pickings With Small Business… Is Your Dealership’s Data At Risk?

SIGNALS NOVEMBER - DECEMBER 2015 13

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14 SIGNALS NOVEMBER - DECEMBER 2015

Criteria & Application:Community Driver Award recipients will exemplify business strength and community excellence – with a signifi cant focus on making a tangible contribution to the growth and livability of their community or region.

Awards will be presented to dealer principals who will be judged on a simple nomination form detailing their community involvement and the benefi t to the local community. Nominations may come from individual dealerships nominating themselves, or from third-party individuals or organizations nominating the dealership. The award will be for the dealership as a whole, recognizing contributions of the entire team, presented to the dealer principal(s).

Application Process:• Nominations Now Open! • Applications are submitted through mail, fax, or email. Applications are collected by NCDA.• Application Deadline: January 15, 2016 • Winners notifi ed by: February 1, 2016• Awards presented: March 23, 2016 at the Auto Show Gala

Submit a Nomination! • Download a nomination form online at www.newcardealers.ca, or contact Christie Morning-Smith at [email protected]

Awards Presentation:Award recipients will be notifi ed in advance of the award presentation in an effort to allow them time to schedule travel to Vancouver for the Auto Show Gala.

Questions:Contact Christie Morning-Smith at [email protected]

Past Recipients:2015 Award Winners• Metro Vancouver: Brian Jessel BMW• Northern BC: Brown’s Chevrolet Buick GMC Ltd.• Kootenays: Cranbrook Dodge• Okanagan/Interior: Harmony Auto Group• Vancouver Island: Laird Wheaton GM• Fraser Valley: Mertin Auto Group

Awards Sponsor: RBC Royal Bank

The Community Driver Awards are awarded on an annual basis to one New Car Dealer in each of six (6) BC regions who have shown tremendous community excellence over the past year, or over many years.

These awards recognize the outstanding community involvement and achievement of member New Car Dealers throughout British Columbia.

Each year there are six total awards – one per region of the province:• Northern BC • Okanagan / Interior• Kootenays• Vancouver Island• Fraser Valley• Metro Vancouver

2016 Nominations now being accepted!

2014 Award Winners• Metro Vancouver: Morrey Auto Group• Northern BC: Murray Chevrolet Buick GMC Fort St. John• Kootenays: Alpine Toyota• Okanagan/Interior: Zimmer Wheaton Buick GMC• Vancouver Island: Saunders Subaru• Fraser Valley: West Coast Auto Group

Media Partners: Glacier Media & Black Press

To shift your Finance Dept into high gear, give us a call.

John Romfo - National Sales Manager

1-250-308-1112

To shift your Finance Dept into high gear, give us a call.

John Romfo - National Sales Manager

1-250-308-1112

Register before Nov. 27th to save | nadaconvention.org#NADA2016

Your connection to what’s ahead in the automotive industry starts here.

16 SIGNALS NOVEMBER - DECEMBER 2015

All workshops run from 8:30am – 4:30pm and are held at the New Car Dealers Association of BC offi ce (Unit 70 – 10551 Shellbridge Way, Richmond)

Pricing:$450 + tax per one-day workshop $900 + tax per two-day workshopIndividuals who pre-register for 8+ workshops will receive a 10% discount.

Registration:Go online to www.newcardealers.ca, click on events or contact Christie Morning-Smith at [email protected] or 604-214-9964 local 226.

WORKSHOP HIGHLIGHTS (Additional information available oline at www.newcardealers.ca):

BUDGETS AND FINANCIAL REPORTSMoney matters can be intimidating for even the smartest people. However, having a solid understanding of basic fi nancial terms and methods is crucial to your career. When terms like ROI, EBIT, GAAP, and extrapolation join the conversation, you’ll want to know what people are talking about, and you’ll want to be able to participate in the discussion. The Budgets and Financial Reports workshop will give you a solid foundation in fi nance. We’ll cover topics like commonly used terms, fi nancial statements, budgets, and forecasting.

Management and Leadership Skills for New Car Dealers

AUTOMOTIVE MANAGEMENT WORKSHOPS WITH BCIT & NCDA

BUDGETS AND FINANCIAL REPORTS

ADVERTISING AND MARKETING

LEADERSHIP Leading Self and Others

SUPERVISORY SKILLS

RECRUITMENT AND INTERVIEWING

GOAL SETTING AND PERFORMANCE MANAGEMENT

CHANGE MANAGEMENT

COACHING FOR PERFORMANCE

PUBLIC SPEAKING WORKSHOP

EMPLOYEE MOTIVATION

Watch for the date to be announced (1 day workshop)

Watch for the date to be announced (1 day workshop)

2-day workshop was delivered in Nov 2015. Watch for this workshop in fall 2016!

Tuesday, December 08, 2015(1 day workshop)

Tuesday, January 19, 2016 (1 day workshop)

Tuesday, February 16, & Wednesday, February 17, 2016 (2 day workshop)

Tuesday, March 15, 2016 (1 day workshop)

Tuesday, April 12 and Wednesday, April 13, 2016 (2 day workshop)

Tuesday, May 17, and Wednesday, May 18, 2016 (2 day workshop)

Tuesday, June 14, 2016 (1 day workshop)

Successful completion (including evaluation) of 8 of 10 workshops earns a BCIT Statement of Completion. There is no pre-requisite for any of the workshops.

SIGNALS NOVEMBER - DECEMBER 2015 17

ADVERTISING AND MARKETING The modern car buyer is researching, choosing and buying cars very differently today. Digital interactions increasingly influence consumer decision journeys when it comes to shopping for and buying a car. Throughout their journey, customers increasingly rely on digital channels, for example, check-ing brands’ Web sites, reading reviews, and visiting social networks and community forums in the consideration phase. Recent insights have revealed that more than 50 percent of customers make their decision online, emphasizing the importance of managing the online content and advertising for car makers. This course will look at effective techniques and best practices in marketing and advertising to inform and attract today’s car buyer.

LEADERSHIP Leading Self and OthersThis leadership workshop is designed to enable participants to develop their self-awareness including an awareness of our, perceptions, assumptions and biases. Based on the assumption that leadership is not a position but who you are, participants will begin to explore what it means to lead in their specific context and their specific strengths and challenges in doing so. Participants will have an opportunity to explore emotional intelligence and its relationship to leadership effectiveness.

This workshop also covers the important factors in building teams including leadership communications skills needed in a team setting and continues to build on the personal leadership skills. This interactive, applied workshop uses a combination of group interaction, practice sessions, lecturettes, and experiential activities.

SUPERVISORY SKILLSThis workshop is designed for new supervisors or people interested in leadership responsibility. Participants increase their self-confidence and leadership abilities and establish a foundation for further training in supervision and management. In this workshop the role of the supervisor will be explored and participants will learn the relationship between planning and controlling in organizations. Through a series of group interaction and experiential activities, participants will engage in problem solving and decisions making exercises, as well as delegation exercises.

RECRUITMENT AND INTERVIEWINGThe one-day workshop is intended for individuals involved in the hiring process. Making the right hiring decisions is critical to business success. Making the wrong decisions can be costly. In this workshop, you will learn the steps to take before you say “you’re hired”, such as creating an effective job descrip-tion, attracting qualified candidates, recruiting techniques, pre-screening interviews, the interview process and questions, evaluating candidates, conduct-ing reference checks, and making a job offer.”

GOAL SETTING AND PERFORMANCE MANAGEMENTThe Performance Management process ensures that the employee and the organization are focused on the same priorities, while developing each individ-ual to their fullest potential. The workshop will address setting performance expectations and providing developmental guidance and feedback to enable employees to meet those expectations. Defining employee expectations through the use of competencies will be covered as well as employee performance goal setting, developmental planning (e.g. training and development plans), tips for improving employee productivity, pay for performance structures and career management.

CHANGE MANAGEMENTChange is a constant in many of our lives. All around us, technologies, processes, people, ideas, and methods often change, affecting the way we perform daily tasks and live our lives. This workshop will give any leader tools to implement changes more smoothly and to have those changes better accepted. It will also give all participants an understanding of how change is implemented and tools for managing their reactions to change.

COACHING FOR PERFORMANCECoaching is rapidly becoming the quickest and most effective method of developing excellence in workers as they are more than ever expected to be multi-skilled, trained to embrace changes and adapt to the ever-changing marketplace. Good coaching leads to self-motivation and an attitude that is oriented towards solutions and continual improvement rather than problems and avoidance.

PUBLIC SPEAKINGThis two-day introduction to presentation skills will help you to design and deliver great presentations. Whether you present often or have never presented before, this workshop will provide you with the foundations for planning and delivering presentations in both your work and personal life. Presentations are an opportunity to educate, engage and motivate your audience. We’ll break down the elements of a good presentation and provide you with a fun environ-ment to practice your presentation skills.

You will have an opportunity to present to others in small groups and as part of a small group you’ll be presenting to the larger group. You’ll receive practi-cal tips and tricks to make your next presentation the most successful one yet!

EMPLOYEE MOTIVATIONEmployee Motivation is becoming ever more important in the workplace as time goes on, everyone agrees that a motivated workforce is far more likely to be a successful workforce. The happier and more professional an employee is, the better the results they will deliver. This workshop is designed to show participants techniques for getting best out of your employees.

18 SIGNALS NOVEMBER - DECEMBER 2015

The Kamloops This Week also published a front page story on the planned auction and its owner. Ac-cording to the Kamloops This Week, the owner was “a notorious convict-ed fraudster… [who was] ordered to pay $158,000 in restitution after scamming [others] out of thousands of dollars.” Consumers were pro-vided more information, including that the VSA was investigating the “company” for non-compliance. Not only did it increase aware-ness of the situation, it helped increase the visibility of the VSA in the Kamloops area and brought many new visitors to the VSA website.

The VSA sent compliance staff to visit the auction on the day of the sale. Likely due to the warnings and the article, the auction did not go ahead as advertised. Instead, the VSA found that the auction loca-tion was abandoned, with all inventory and paperwork removed. In the end, the scheduled sale was cancelled and the business was closed.

This proactive approach was successful due to the support and quick action of concerned dealers, the VSA staff and the story by Kamloops This Week.

Ian Christman, Registrar, Motor Vehicle Sales Authority (VSA)

Motor Vehicle Sales Authority (VSA) Update

Swift action by the Vehicle Sales Authority (VSA), including highly visible local publicity, caused an unlicensed motor dealer to cease operations before they began. The recent demise of Kamloops Auto Auction resulted after public warnings were issued by the VSA and a front page news story broke in Kamloops This Week.

The VSA compliance team fi rst learned of Kamloops Auto Auction after reviewing fl yers sent in by concerned registered motor dealers and others, for an upcoming auction advertised to include consumer consignments. Research revealed that Kamloops Auto Auction was not a VSA licensed motor dealer nor a registered business in Kam-loops. While the VSA staff fi rst attempted to get the business into compliance, required applications and information were not provided.

As result, a different approach was taken. First was a Dealer Alert to the dealer community about the unlicensed status of the auction. Information was also provided to the city of Kamloops business li-cence offi ce. Finally, the VSA used the local newspaper to caution consumers that the business was not a licensed dealer and was not authorized to sell on consignment and none of the protections of buy-ing from a licensed dealer would apply. This effort included a special Public Notice in the paper and a persistent banner on the website of the Kamloops This Week.

Quick Action Shuts Down Unlicensed Dealer

SPEED SHIFT MEDIA

Speed Shift Media Inc. (SSM) helps automotive dealerships by consistently driving the leads they need to sell more cars and to grow their dealerships by using its proprietary Auto AudienceTM Network which profi les, targets, and pushes qualifi ed auto intenders directly to dealer’s Vehicle Detail Pages (VDP). For enterprise clients, the top retail automotive websites in the world, SSM enables them to provide dealers with quality leads by building and managing custom and native display ad solutions which drive qualifi ed auto intenders directly to their own websites VDP, all while maintaining Original Equipment Manufacturer (OEM) cooperative compliance.

Contact: Ian Cruickshank, VP of Sales and [email protected] 604.520.9177 ext. 225 / cel 778.997.9474

WelcomeTO O U R N E W A SS O C I AT E M E M B E R

SIGNALS NOVEMBER - DECEMBER 2015 19

604.232.4403ADESA.ca/Vancouver

Weekly Auction Times:

Wednesday 7:00PM

Thursday 9:30AM

Saturday 10:00AM

The strongestmarket on record - the time to sell is now!

Since 1971

LiquidityTransparency

TrustedBuyers Around the World

20 SIGNALS NOVEMBER - DECEMBER 2015

LegaLine

Over the last several years, there has been a trend in Canada toward increased regulation of franchises. As a result of this trend, on Octo-ber 5, 2015, the British Columbia government introduced Bill 38, en-acting a Franchises Act (the “Act”). Bill 38 was preceded by lengthy research and consultations conducted by the British Columbia Law Institute, which issued a consultation paper in early 2013 and its Report on a Franchise Act for British Columbia in early 2014. After the second reading, the BC government will continue to work with interested parties to make any amendments to the Act. If approved this fall, the Act is expected to be in force by late 2016 or early 2017.

The proposed legislation closely follows the format of the Uniform Law Conference of Canada’s Franchises Act and is substantially sim-ilar to the other legislation that is already in force in Alberta, Ontario, New Brunswick, Prince Edward Island and Manitoba.

The BC Act would apply to franchise agreements relating to fran-chises that are operated wholly or partly in British Columbia and is designed to strike a balance between protecting vulnerable franchi-sees and upholding franchisors’ rights to freely contract to allow for the success of the franchise chain. It will provide franchisees with the same legal protections as those in the five other Canadian provinces with franchise legislation.

More specifically, the BC Act will:• Apply a substantial compliance standard to disclosure documents;• Confirm a franchisee’s right of association; and • Require franchisors to disclose certain information to franchisees prior to the franchisee entering into the franchise agreement.

As in the other Canadian jurisdictions with franchise legislation, un-der the BC Act franchisees will have rights of rescission for a franchi-sor’s failure to provide a franchise disclosure document and a right of action for damages for a misrepresentation by the franchisor.

However, unlike the Ontario Act, the BC Act makes explicitly clear that the duty of fair dealing applies not only to the performance and enforcement of the franchise agreement, but also to the exercise of a right under the franchise agreement. The BC Act also contains ad-ditional “due diligence” defences in respect of an action for damages for misrepresentation against a non-franchisor.

Motor vehicle dealerships are considered franchises in British Co-lumbia, and as a consequence, dealers are entitled to the benefits offered by the Act. However, the automotive industry is unique and disputes between manufacturers and dealers often involve ongo-ing business relationships. To address these concerns, the industry has developed the National Automobile Dealer Arbitration Program (“NADAP”). NADAP is an alternative dispute resolution process specifically available to and designed to resolve disputes between dealers and manufacturers. After the Act comes into force, Arbitra-tor’s rulings made in disputes submitted to NADAP for resolution will have regard to the rights and obligations set out in the Act. In fact, many of the principles to be codified in the legislation are al-ready principles at common law and apply in the context of NADAP proceedings. In 1323257 Ontario Limited v. Hyundai Auto Canada Corp. (“Hyun-

dai”), a 2009 decision of the Ontario Supe-rior Court, the plaintiff was operating a dealership in premises that did not com-ply with Hyundai’s Image Program and had not re-located in accor-dance with Hyundai’s wishes. Hyundai gave the dealer notice that it was not renewing its Dealer Agreement, which had been in place for six years and alleged that it “has and will continue to suffer a sub-stantial loss of sales, and an erosion of its goodwill until a dealership with adequate facilities has been established in your market area.” The dealer disputed the Notice and the dispute was remitted to NADAP. In the course of the arbitration, the parties entered into Min-utes of Settlement and agreed on a Temporary Dealer Agreement while the dealer renewed its efforts to relocate to new a premises.

However, Hyundai did not disclose that it was actively engaged in discussions to lease premises which the dealer had already pro-posed as an alternative site to Hyundai and which Hyundai had re-jected. Two months later, Hyundai terminated the dealer pursuant to the Minutes and entered into a Conditional Dealer Agreement with another dealer for the premises it had deemed unacceptable. The dealer brought an injunction prohibiting Hyundai from implementing its Notice of Termination on the basis that Hyundai induced it to en-ter into the Minutes of Settlement by actively representing that the site which the plaintiff had suggested for relocation was not suitable when it was.

The court interpreted the Minutes of Settlement in accordance with franchise law principles. It held that the Minutes constituted a fran-chise relationship and that:

“a duty of good faith exists at common law in the context of a fran-chisor/franchisee relationship. The standard of good faith permits a party to act self-interestedly, but qualifies this by positively requiring that party, in his decisions and actions, to have regard to the legiti-mate interests of the other

… it must give consideration to the other’s interests, as well as its own, before exercising its power. This requires dealing honestly and rea-sonably with the other. Whether or not a party under a duty of good faith has breached that duty will depend on all the circumstances of the case, including whether the party, subject to the duty, conducted itself fairly throughout the process… Courts of this Province repeat-edly have characterized Franchise Agreements as one giving rise to a duty of utmost good faith.”

The court agreed that termination of the Minutes of Settlement and consequent loss of the Dealer Agreement resulted in the loss of sta-tus as an authorized Hyundai dealer, loss of reputation, the ability to earn a profit and termination of employees all of which constituted irreparable harm.

The Duty of Fair Dealing: It’s the Law

SIGNALS NOVEMBER - DECEMBER 2015 21

One of the most signifi cant features of the Act is the legislative codi-fi cation of the common law duty of good faith, which precludes con-tracting parties from acting in bad faith when exercising discretion-ary contractual powers.

Generally, the duty of good faith requires the parties to a franchise agreement to:• exercise powers with due regard to the interests of the other party, but they are not required to prefer the interests of the other party over their own;• observe standards of honesty, fairness and reasonableness; and• act with proper motives and not arbitrarily, capriciously or in a manner that is inconsistent with the reasonable expectations of the parties.

However, Franchise cases in Ontario confi rm that neither the com-mon law duty of good faith nor the statutory duty of fair dealing are intended to replace or amend express contractual provisions. Simi-larly, we anticipate that the duty of fairness provisions in the BC Act will not be applied to create new, unbargained for, rights and obliga-tions or alter the express terms of a franchise agreement. Rather, the duty will likely be applied, as it has been at common law, to ensure that parties do not act in a way that changes or defeats the objec-tives of the agreement. In Ontario, the test that has generally been applied to determine if a party has contravened the duty is whether a franchisor's conduct, taken as a whole in light of the provisions of the franchise agreement, nullifi ed the bargain made by the parties.

Therefore, the scope and effect of the duty of fair dealing will depend on the terms of the particular franchise agreement at issue, and ul-timately will not override clear and express terms. The duty of fair dealing is only one aspect of the Act that will impact dealers. We will report further in future issues of LegaLine. If you would like assis-tance with a franchise agreement, or if you have questions or would like further information about Bill 38, please contact the authors.

UPDATE: Non-Compliance with Anti-Spam LegislationWe reported with an update on CASL in the April 2015 issue of Lega-line, but there appear to be dealers who are sending out commercial electronic messages (“CEMs”) without prior consent of the recipients. As a result, we thought an update would be in order. As most readers will be aware, the Canadian Anti-Spam Legislation (“CASL”) came into force on July 1, 2014. CASL applies to any CEM sent to an electronic address (email or text message) without the recipient’s prior consent, where the purpose of the message is to encourage participation in a commercial activity. This includes not only emails but other forms of electronic communications as well, including text messaging and all social media. In short, the new legislation will apply to virtually all mar-keting and advertising campaigns that depend on electronic messages.On reading the legislation, it was evident that CASL provides the Canadian Radio-Television and Telecommunications Commission (“CRTC”), the Competition Bureau and the Offi ce of the Privacy Commissioner with a great deal of authority to regulate the use of commercial electronic messaging by creating an opt-in, consent based system. What remained to be seen was how that discretion would be exercised, both in terms of the types of activities that would be considered non-compliant and the severity of the penalties

that would have levied for those activities.

In the 14 months that CASL has regulated the transmission of “com-mercial electronic messages” (“CEMs”), the CRTC has issued three major regulatory decisions. While these decisions to not relate to the operations of new car dealers, they do provide some insight into the enforcement and severity of the administrative monetary penal-ties that might be faced by those who fail to comply with CASL.

In March 2015, Plentyoffi sh Media Inc., operator of the popular online dating site “Plenty of Fish”, was fi ned $48,000. After an investigation by the CRTC’s Chief Compliance and Enforcement Offi cer, it was concluded that Plentyoffi sh Media had allegedly sent commercial emails to registered users of the Plenty of Fish online dating service with an unsubscribe mechanism that was not clearly and prominently set out, and which could not be readily performed, as required by the legislation.

Of note in this case is the fact that once made aware of the inves-tigation, Plentyoffi sh Media updated its unsubscribe mechanism to comply with the legislation. This may have reduced the severity of the fi ne. Plentyoffi sh Media also undertook to develop and imple-ment a compliance program to ensure that its activities are com-pliant with Canada’s anti-spam legislation, including training and education for staff and corporate policies and procedures. At the conclusion of the decision, Manon Bombardier, Chief Compliance and Enforcement Offi cer, wrote:

“This case is an important reminder to businesses that they need to review their unsubscribe mechanisms to ensure they are clearly and prominently set out and can be readily performed. We appreciate that Plentyoffi sh Media changed its practices once it became aware of the problem. The CRTC encourages Canadians to continue to re-port suspected violations to the Spam Reporting Centre.”

Also in March 2015, the CRTC issued a penalty of $1.1 million to Compu-Finder for violations of CASL. The CRTC concluded that Compu-Finder had “fl agrantly” violated CASL. It had sent CEMs without the recipient’s consent as well as emails in which the unsub-scribe mechanism did not function. In fact, an analysis of the com-

plaints made to the Spam Reporting Centre of its industry sector showed that Compu-Finder accounted for 26% of

all complaints submitted. The Chief Compliance and Enforcement Offi cer concluded that:

“…Compu-Finder fl agrantly violated the basic principles of the law by continuing to send unso-licited commercial electronic messages after the law came into force to email addresses it found

by scouring websites. Complaints submitted to the Spam Reporting Centre clearly indicate that con-

sumers didn’t fi nd Compu-Finder’s offerings relevant to them. By issuing this Notice of Violation, my goal is to

encourage a change of behaviour on the part of Compu-Finder such that it adapts its business practices to the modern reality of electronic commerce and the requirements of the anti-spam law. We take violations to the law very seriously and expect businesses to be in compliance.”

Most recently, in June 2015, the CRTC issued a $150,000 fi ne to To-ronto-based Porter Airlines for sending emails without an unsubscribe

electronic messages (“CEMs”) without prior consent of the recipients. As a result, we thought an update would be in order. As most readers will be aware, the Canadian Anti-Spam Legislation (“CASL”) came into force on

plaints made to the Spam Reporting Centre of its industry sector showed that Compu-Finder accounted for 26% of

all complaints submitted. The Chief Compliance and Enforcement Offi cer concluded that:

“…Compu-Finder fl agrantly violated the basic principles of the law by continuing to send unso-

continued on page 22

22 SIGNALS NOVEMBER - DECEMBER 2015

OUR VISION: For member dealers and the dealer franchise system to be seen by the public as the best choice to fulfi ll all their automotive needs.

We are a small, but dedicated and hardworking team of four individuals working to serve all Members of the New Car Dealers Association of BC. Should any questions, concerns, issues or ideas arise, the Association staff will be available to listen and help.

Get in touch via phone, email, fax or in person at the Richmond offi ce!

Blair QualeyPresident & [email protected]

Jason HeardExecutive Director, Vancouver International Auto [email protected]

Joshua PetersCommunications, Exhibitor Sales and Member [email protected]

Shakira MaqboolSenior Accountant & Offi ce [email protected]

Christie Morning-SmithEvent [email protected]

CORPORATE PARTNERS AND SUPPLIERSThe New Car Dealers Association of B.C. would like to acknowledge these fi ne companies for their support of your association’s activities:

Signals, the offi cial publication of the New Car Dealers Association of B.C, is published six times a year. It is designed and printed at Total Graphics Inc. and distributed to dealer members, select government agencies andthe Association’s corporate partners. Please direct all inquiries about Signals to the Editor, Christie Morning-Smith.

#70-10551 Shellbridge Way, Richmond, BC V6X 2W9 | Phone: 604-214-9964 | Fax: 604-214-9965

continued from page 21

button or without one that was clearly identifi able to the recipient. As part of the investigation, Porter agreed to improve its internal compliance training. Porter was also unable to provide proof of consent for each email address that received a CEM. In this respect, the Chief Compliance and Enforce-ment Offi cer said:

“This case is an important reminder that to be fully compliant with the law, proof of consent is required for each electronic address. Some businesses are under the mistaken impression that they are compliant with the law by relying on general business practices or policies as proof of consent. This is simply not the case.”

These comments provide little guidance on what “proof” of consent would have been satisfactory in the circumstances. In light of the Porter decision, the most cautious approach to consent is to obtain express consent from each consumer at the time of in-person interactions or at the time of sale.

Many suspected that the CRTC might issue warnings or graduated penalties to offenders. It may be that by issuing a substantial penal-ty, the CRTC intended to send a message that violations will be taken seriously. Furthermore, Compu-Finder appears to be a particularly egregious case of non-compliance, choosing to ignore the CRTC’s requests to follow the rules and having made no efforts to adapt its practices to comply with CASL despite the CRTC’s efforts to provide information ses-sions and guidance materials. While the risk of severe penalties remains, legitimate busi-nesses that make good faith efforts to com-ply with CASL likely will not face heavy fi nes.

We recommend that dealers keep a record of their compliance with CASL, review their CEM policies annually and regularly check that unsubscribe mechanisms function properly. Failure to comply could result in expensive penalties!

Vanessa S. Werden, Associate, Roderick H. McCloy, Associate CounselShapiro Hankinson & Knutson Law Corporation

SIGNALS NOVEMBER - DECEMBER 2015 23

6279490 Canada Inc. dba e-Dealer Shane Hambly (416) 853-5626 [email protected] www.edealer.ca

ADESA Auctions Canada Corp John Macdonald (604) 232-4403 [email protected] www.adesa.com

AllWest Insurance Services Ltd. Dana Voynovich (604) 731-6696 [email protected] www.allwestins.com

Audatex Canada Anthony Giagnacovo & (416) 498-2905 [email protected] www.audatex.ca/autopoint

Darcy Gorchynsk

Auto123.com - Xprima.com Corporation Inc Gisele Goguen (888) 474-2886 [email protected] www.xprima.com/en/

AutoAlert Inc. John O'Brien (949) 398-7000 [email protected] www.autoalert.com

Automotivaters Warren Cederberg (250) 920-7775 [email protected] www.automotivaters.com

BCIT - School of Transportation Guy Ellis (604) 432-8543 [email protected] www.bcit.ca/transportation

BMO - Bank of Montreal - Dealership Finance Bradley Warren (604) 665-7064 [email protected] www.bmo.com

Calla Financial Services Ltd. Nick Calla (604) 921-4048 [email protected] www.callafinancial.ca

Canadian Automobile Dealers Association Lucille Laframboise (800) 463-5289 [email protected] www.cada.ca

Canadian Black Book Kathy Ward (905) 477-0343 [email protected] www.canadianblackbook.com

CARFAX Canada Ltd. Jon Arnett (416) 997-1839 [email protected] www.carfaxonline.ca

CarProof Scott Osinchuk (780) 901-1612 [email protected] www.carproof.com

CDK Global Greg Wallin (778) 838-0639 [email protected] www.cdkglobal.com

Christy Insurance Agencies Ltd. Carrie Storjeoff (604) 913-2474 [email protected] christyinsurance.com/

CIBC Commercial Banking Phil Lehn (604) 665-1318 [email protected] www.cibc.com

CTL Corp Denise Buott 1-855-378-5626 [email protected] ww.ctlcorp.ca

DealerSocket Shellie Pierce (206) 730-2055 [email protected] www.dealersocket.com

Dealertrack Technologies Debbie Brewer (905) 281-6229 [email protected] www.dealertrack.ca

Evolio - Xprima .com Corporation Inc Kyell Vyncke (888) 474-2886 [email protected] www.xprima.com/en/

First Access Funding Corp. Paul Stephanson (888) 816-5574 [email protected] www.fafcorp.ca

First Canadian Insurance Corporation John Romfo (250) 308-1112 [email protected] www.firstcanadian.ca

General Bank of Canada Marley Begg (780) 974-2829 [email protected] https://www.generalbank.ca/

Hi-Cube Storage Products Ltd Jo-Ann Horsting (604) 835-5077 [email protected] www.hicube.com/industry/automotive.asp

Hireology Mike Crothers (312) 253-7808 [email protected] www.hireology.com/

HUB International Insurance Brokers Wayne LeGear (604) 269-1944 [email protected] www.hubinternational.com

Industrial Alliance Insurance &Financial Services Inc. Michel Poirier (604) 882-8220 [email protected] www.salgroup.com

Josephson Litigation Counsel Ronald Josephson (604) 628-4007 [email protected] www.josephsonlitigation.ca

Kent-Macpherson Appraisals Ltd. Adrian Rizzo (250) 763-2236 [email protected] www.kent-macpherson.com

Kijiji Canada Bobbi Barnes (416) 969-2256 [email protected] www.kijiji.ca/autos

Laser Valley Technologies Corp. Perry Niehaus (604) 888-7085 [email protected] laservalley.com

Manheim Auto Auction Company (Cox Automotive Canada) Maria Soklis (905) 875-3522 [email protected]

Meritage Financial Group Shane Edmison (250) 475-6050 [email protected] www.meritagefinancialgroup.ca

Michael Mason & Co. Ltd. Steve Batchelor (250) 384-7304 [email protected] www.michaelmason.ca

MNP Darrell Endresen (604) 949-2088 [email protected] www.mnp.ca

MyAutoNews.ca Morgan van Holst (519) 932-1149 [email protected] www.myautonews.ca

NXGEN Canada Don Andrews (604) 946-8884 [email protected] www.paylogec.com

Pacific Newspaper Group, A division of Postmedia Network Inc. Paul Batchelor (604) 605-2546 [email protected] www.sunprovince.com

Profit Building Solutions Debbie Sykes (604) 506-2842 [email protected] www.pbsmanagedservices.com/

Radius Security Jonnie Graham (604) 232-2405 [email protected] www.radiussecurity.ca

RBC Automotive Finance Group Erik Jensen (604) 468-4590 [email protected] www.rbc.com/canada.html

Roy Speed & Ross Ltd. (Operating as RSR Global) Karey Davidson (905) 631-5865 [email protected] www.royspeedross.com

Scotia Dealer Advantage Gina Guercio (778) 373-4248 [email protected] www.scotiabank.com/scotiadealeradvantage

Scotiabank Western Dealer Finance Centre Warren Sandbeck (800) 268-0762 [email protected] www.scotiabank.com

Serti Information Solutions Pascal Lafleche (514) 493-1909 [email protected] www.serti.com

Shapiro Hankinson & Knutson Law Corporation Roderick H. McCloy (604) 684-0727 [email protected] www.shk.ca- Rod McCloy Law Corp.

Strathcom Media Inc. Duncan Cochrane (780) 433-8844 [email protected] www.strathcom.com

TD Auto Finance Danny Long (403) 819-1244 [email protected] www.TDFS.com

Torch Maor Frankel (778) 835-3715 [email protected] torch.agency

Total Graphics inc. Jeff Mesina (604) 294-0223 [email protected] www.totalgraphics.com

Western Dealers Co-Auto Mike Reid (780) 468-9552 [email protected] www.wdcoauto.com

Wolrige Mahon Chartered Professional Accountants Masato Oki, C.A. (604) 684-6212 [email protected] www.wm.ca

Associate Member Listing

The New Car Dealers Association of BC is a member driven organization. In addition to dealer Members, a strong and valuable group of Associate Members belong and contribute to the success. Many Associate Members have direct ties with the automotive industry, oftentimes specializing in areas and issues specific to the industry. Preferred rates are often offered by Associates to Dealer Members.

24 SIGNALS NOVEMBER - DECEMBER 2015

CADA 360Isn't it time you made the switch?

Employee BenefitsDealer-driven solutions created exclusively for you

Call us today at 1-800-463-5289 or email us at [email protected]