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1In this Act

“antique” means curios, objects of art or of historical interest and home furnishings that through passage of time have increased in interest and value;(antiquités)

“Chief Inspector” means the Chief Inspector of Salvage Dealers appointed under paragraph 3(a);(inspecteur en chef)

“Commission” Repealed: 2016, c.28, s.176

“inspector” means an inspector appointed under paragraph 3(b);(inspecteur)

“licence” means a licence issued under authority of this Act and includes a renewal thereof;(licence)

“Minister” means the Minister of Justice and Public Safety and includes any person designated by the Minister to act on the Minister’s behalf;(ministre)

“non-resident salvage dealer” Repealed: 1975, c.55, s.1

“peace officer” means a police officer as defined in the Police Act, a member of the Royal Canadian Mounted Police, the Chief Inspector or an inspector;(agent de la paix)

“Police Officer” Repealed: 1977, c.49, s.1

“resident” means(résident)

(a) a person bona fide and permanently resident in the Province,

(b) any member of the Canadian Forces who has been posted to a unit of the Canadian Forces based in the Province, or

(c) any member of the Canadian Forces who is domiciled in the Province;

“resident salvage dealer” Repealed: 1975, c.55, s.1

“salvage” means second-hand, used, discarded or surplus metals, goods or articles of every description, unserviceable, discarded or junked motor vehicles, bodies, engines or other component parts of a motor vehicle, but does not include bottles, furniture or books;(objet de récupération)

“salvage dealer” means a person who owns or operates a salvage yard in the Province, or who carries on the business of buying or selling salvage in the Province, but does not include(brocanteur)

(a) a person who holds a licence under the Motor Vehicle Act as a dealer or sub-dealer in new or used motor vehicles and who carries on the business of a salvage dealer only in the course of the business for which that licence was issued,

(b) a merchant who accepts from the purchaser of an article a similar second-hand article as part of the purchase price,

(c) a bona fide dealer in antiques, or

(d) a licensed pawnbroker with respect to his business as a pawnbroker;

“salvage yard” means a building, warehouse, yard or other premises in which salvage is stored or kept pending resale or delivery to another person;(dépôt d’objets de récupération)

“transaction” includes purchase or receipt by a salvage dealer and sale or delivery by him.(opération)

1957, c.15, s.1; 1966, c.98, s.1; 1968, c.50, s.1; 1973, c.74, s.70; 1975, c.55, s.1; 1977, c.49, s.1; 1978, c.50, s.1; 1980, c.50, s.1; 1981, c.59, s.34; 1988, c.11, s.26; 2000, c.26, s.262; 2016, c.28, s.176; 2016, c.37, s.172

Licence

2(1)If satisfied that it is in the public interest to do so, the Minister may issue a licence as a salvage dealer or a renewal of a licence to a person who

(a) complies with the provisions of section 12 of the Unsightly Premises Act,

(b) has not been convicted of an offence under section 354 of the Criminal Code (Canada), or, if convicted, has been pardoned, and

(c) pays the fee prescribed by regulation.

2(2)A licence remains in effect for the period of time prescribed by regulation.

2(3)The Minister shall not refuse to issue a licence or a renewal of a licence without extending to the applicant an opportunity to be heard and to be represented by counsel.

1957, c.15, s.1; 1966, c.98, s.2; 1968, c.50, s.2; 1975, c.55, s.2; 1977, c.49, s.2; 1978, c.50, s.2; 1980, c.50, s.2; 1987, c.6, s.101; 2015, c.5, s.9; 2016, c.28, s.177

Appointment of inspector and employees

3The Minister

(a) may appoint a Chief Inspector of Salvage Dealers who shall generally supervise the enforcement of this Act; and

(b) may appoint persons as inspectors who shall assist the Chief Inspector or any other peace officer in carrying out his duties under this Act.

1968, c.50, s.3; 1977, c.49, s.3; 2009, c.3, s.1; 2016, c.28, s.178

Chief Inspector and inspector ex officio peace officers

3.1For the purposes of this Act a Chief Inspector and an inspector have power and authority of a peace officer and are ex officio peace officers within the meaning of the law for the protection of peace officers and are deemed to be persons employed for the preservation and maintenance of the public peace.

1977, c.49, s.4

Location of salvage yard

4(1)All licences issued to salvage dealers owning or operating one or more salvage yards shall state the exact location of the yard.

Change of location

4(2)No salvage dealer shall change the location of a salvage yard owned or operated by him until permission for such change has been endorsed on his licence by the Minister.

Non-resident salvage dealer

4(3)Salvage dealers who do not own or operate a salvage yard in the Province shall establish and maintain an office in the Province where all records required under this Act and the regulations shall be kept.

Non-resident salvage dealer

4(4)All licences issued to salvage dealers who do not own or operate a salvage yard in the Province, shall state the name of the person to whom it is issued and the address of the office referred to in subsection (3).

1957, c.15, s.3; 1966, c.98, s.3, 4; 1975, c.55, s.3; 1980, c.50, s.3; 2016, c.28, s.179

Necessity of licence

5(1)No person shall carry on the business of buying or selling salvage in the Province, or own or operate a salvage yard in the Province, unless he is the holder of a valid subsisting licence issued under this Act.

Repealed

5(2)Repealed: 1987, c.4, s.12

1957, c.15, s.4; 1966, c.98, s.5; 1969, c.69, s.1; 1975, c.55, s.4; 1980, c.50, s.4; 1987, c.4, s.12

Records of salvage dealer

6(1)A salvage dealer shall keep a record of every purchase or receipt by him of salvage in which shall be entered at the time of purchase or receipt, the date and hour thereof, description of the article including any descriptive mark or name on the article, the price paid, the precise time of receipt or purchase, the name and the residence of the person from whom the article was purchased or by whom it was delivered to him, the registration number and description of any motor vehicle used in delivering the article to him and such other information as may be prescribed by the regulations.

Form and location of records

6(2)The record referred to in subsection (1) shall be kept at the salvage yard in which the transaction was made and shall be kept in the manner prescribed by regulation and if the salvage dealer does not own or operate a salvage yard in the Province, the record shall be kept in the office established under subsection 4(3).

Records of salvage dealer

6(3)The information required for record purposes in subsection (1) shall be obtained by the purchaser.

Defence of salvage dealer respecting records

6(4)Where a salvage dealer

(a) is being prosecuted for an offence under this section, and

(b) his records are proven to be incorrect,

he may use the defence that he was misinformed by the vendor, only if he can show that he took reasonable precautions to ensure the correctness of the information entered in such records.

1957, c.15, s.5; 1968, c.50, s.4; 1975, c.55, s.5; 1977, c.49, s.5; 2016, c.28, s.180

Availability of records

7Every record required to be kept by a salvage dealer under this Act shall be open to inspection at all reasonable times and be produced forthwith on demand by a peace officer.

1957, c.15, s.6; 1968, c.50, s.5; 1977, c.49, s.7

Sign

8A salvage dealer shall erect and maintain in a conspicuous place on every salvage yard operated by him a sign containing his name, the words “Licensed Salvage Dealer” and the number of his licence in letters and figures not less than six inches in height and four inches in breadth.

1957, c.15, s.7; 1975, c.55, s.6

Repealed

9Repealed: 1980, c.50, s.5

1957, c.15, s.8; 1975, c.55, s.6; 1980, c.50, s.5

Repealed

10Repealed: 1980, c.50, s.5

1957, c.15, s.9; 1966, c.98, s.6; 1975, c.55, s.7; 1980, c.50, s.5

Repealed

11(1)Repealed: 1980, c.50, s.5

11(2)Repealed: 1980, c.50, s.5

11(3)Repealed: 1980, c.50, s.5

11(4)Repealed: 1975, c.55, s.8

1957, c.15, s.10; 1966, c.98, s.7; 1968, c.50, s.6; 1975, c.55, s.8; 1980, c.50, s.5

Repealed

12(1)Repealed: 1980, c.50, s.5

Repealed

12(2)Repealed: 1980, c.50, s.5

Retention of records by salvage dealer

12(3)Every record required to be kept by a salvage dealer under this Act shall be kept by the salvage dealer for a period of two years from the date of the transaction with respect to which the record relates.

1957, c.15, s.11; 1968, c.50, s.7; 1980, c.50, s.5, 6; 1990, c.61, s.127

Repealed

13Repealed: 1980, c.50, s.7

1957, c.15, s.12; 1968, c.50, s.8; 1975, c.55, s.10; 1980, c.50, s.7

Receipt

14(1)No salvage dealer shall purchase or receive any salvage outside a salvage yard without giving to the owner or apparent owner a receipt for the salvage so purchased or received and without obtaining the countersignature of the owner or apparent owner on the duplicate copy required under subsection (2).

14(2)A salvage dealer giving a receipt under subsection (1) shall make a duplicate copy thereof which shall be attached to the record of the transaction required to be kept under section 6.

1957, c.15, s.13; 1966, c.98, s.8; 1975, c.55, s.11; 1977, c.49, s.7; 1980, c.50, s.8

Search powers of Chief Inspector or inspector

15(1)The Chief Inspector or an inspector may at any reasonable time enter any salvage yard and may inspect the salvage yard and any salvage or records found therein, and may remove any records for the purpose of copying.

15(1.1)The Chief Inspector or an inspector may seize and detain any salvage or record found in a salvage yard which he believes on reasonable grounds may provide evidence of the commission of an offence under this Act.

15(2)Any salvage or records inspected, removed, seized or detained under subsection (1) or (1.1) shall not be held for a period longer than seventy-two hours unless proceedings in respect of an offence have been commenced in which case the salvage or records may be kept until the proceedings have been concluded.

1957, c.15, s.14; 1968, c.50, s.9; 1975, c.55, s.12; 1977, c.49, s.7; 1986, c.6, s.40; 1990, c.22, s.46

Search and detention of salvage dealer’s vehicle

16(1)The Chief Inspector or an inspector may stop any vehicle used by a salvage dealer for the purpose of transporting salvage and may inspect its contents.

16(1.1)The Chief Inspector or an inspector may seize and detain anything which he finds in a vehicle inspected under this section and which he believes on reasonable grounds may provide evidence of the commission of an offence under this Act, and where such an item is seized and detained, he may seize the vehicle.

16(2)A vehicle or the contents of a vehicle inspected, seized or detained under subsection (1.1) shall not be held for a period longer than seventy-two hours unless proceedings in respect of an offence have been commenced in which case the vehicle or contents may be kept until the proceedings have been concluded.

1957, c.15, s.15; 1968, c.50, s.9; 1975, c.55, s.13; 1977, c.49, s.7; 1980, c.50, s.9; 1986, c.6, s.41; 1990, c.22, s.46

Application for entry warrant

16.1Before or after attempting to enter any salvage yard or vehicle for the purposes of section 15 or 16, the Chief Inspector or an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.

1986, c.6, s.42

Seizure under Summary Convictions Act

16.2Anything which the Chief Inspector or an inspector seizes

(a) during a search authorized under the Provincial Offences Procedure Act, or

(b) otherwise in accordance with the Provincial Offences Procedure Act

and which is seized as providing evidence of the commission of an offence under this Act shall be dealt with as though it had been seized under subsection 15(1).

1986, c.6, s.42; 1990, c.22, s.46

Repeal of certain statutes

17(1)Chapter 32 of 28 Victoria, 1865, Chapter 47 of 8 George V, 1917, and Chapter 118 of 14 George VI, 1950, are repealed.

Repealed

17(2)Repealed: 1980, c.50, s.10

Repealed

17(3)Repealed: 1980, c.50, s.10

Repealed

17(4)Repealed: 1980, c.50, s.10

Repealed

17(5)Repealed: 1980, c.50, s.10

1957, c.15, s.16; 1978, c.50, s.3; 1980, c.50, s.10

Certificate as evidence

18(1)The Minister may issue a certificate stating that a salvage dealer has not been issued a licence under this Act.

18(2)A certificate purporting to be signed by the Minister is, without proof of the appointment, authority or signature of the person purporting to have signed it, admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts stated in it.

1968, c.50, s.10;1980, c.50, s.11; 2016, c.28, s.181

Repealed

19Repealed: 1987, c.4, s.12

1957, c.15, s.17; 1975, c.55, s.15; 1987, c.4, s.12

Offences and penalties

20(1)A person who violates or fails to comply with section 8 or any provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

20(2)A person who violates or fails to comply with subsection 4(2), 4(3), 6(1), 12(3), 14(1) or 14(2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

20(3)A person who violates or fails to comply with subsection 5(1) or section 7 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

1957, c.15, s.18; 1966, c.98, s.9; 1968, c.50, s.11; 1975, c.55, s.16; 1980, c.50, s.12; 1990, c.61, s.127

Cancellation of licence

21(1)After extending to the licensee an opportunity to be heard and to be represented by counsel, the Minister may suspend or revoke a licence if he or she is satisfied on reasonable grounds that

(a) the licensee has failed to comply with a duty imposed upon him by this Act or the regulations or has otherwise violated this Act or the regulations,

(b) the licensee has failed to comply with section 12 of the Unsightly Premises Act, or

(c) it is in the public interest to do so.

21(2)The Minister shall revoke a salvage dealer’s licence if a salvage dealer has been convicted of an offence under section 354 of the Criminal Code (Canada).

21(3)On his or her own motion, the Minister may investigate or cause to be investigated the activities of a licensee related to this Act.

1957, c.15, s.19; 1968, c.50, s.12; 1975, c.55, s.17; 1977, c.49, s.6; 1980, c.50, s.13; 2015, c.5, s.9; 2016, c.28, s.182

Judicial review

21.01The decision of the Minister to refuse to issue a licence or a renewal of a licence or to suspend or revoke a licence is final and shall not be appealed but is subject to judicial review.

2016, c.28, s.183

Administration of Act

21.02The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

2016, c.28, s.183

Repealed

21.1Repealed: 2016, c.28, s.184

1980, c.50, s.14; 2016, c.28, s.184

Regulations

22The Lieutenant-Governor in Council may make regulations

(a) prescribing information for the purposes of subsection 6(1);

(b) prescribing the manner and place of keeping records;

(c) prescribing hours and days during which salvage yards shall be closed;