Acts and Regulations

2011, c.117 - Auctioneers Licence Act

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Full text
Current to 16 June 2023
2011, c.117
Auctioneers Licence Act
Deposited May 13, 2011
Definitions
2013, c.31, s.1
1The following definitions apply in this Act.
“Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act.(Commission)
“Director” means the Director of Consumer Affairs appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Commission or the Director to act on the Director’s behalf.(directeur)
“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act.(Tribunal)
R.S.1973, c.A-17, s.1; 1978, c.D-11.2, s.2; 1988, c.5, s.1; 2006, c.16, s.15; 2012, c.39, s.19; 2013, c.31, s.1; 2023, c.6, s.5
Auctioneer’s licence required
2(1)No person shall act as an auctioneer without a licence that is issued by the Director.
2(2)The Director may establish the terms and conditions that a licence issued under this Act is subject to.
R.S.1973, c.A-17, s.2; 2013, c.31, s.1
Security or bond
3(1)No licence shall be issued under this Act to a person unless that person has delivered to the Director one of the following:
(a) such security as may be approved by the Director; or
(b) a bond in a form approved or provided by the Director.
3(2)Repealed: 2013, c.31, s.1
3(3)Subject to subsection (4), a person having a claim against an auctioneer arising out of any default on the part of the auctioneer in the performance of the auctioneer’s obligation as an auctioneer to that person at any time during which a bond issued in accordance with this section in respect of the auctioneer is uncancelled, despite that the person is not a party to the bond, shall be entitled on recovering judgment for the claim against the auctioneer to have the sum of $1,000 payable under the bond applied in or towards the satisfaction of the amount for which the person has obtained judgment and of any other judgments for similar claims against the auctioneer, and may on the person’s own behalf and on behalf of all persons having similar judgments maintain an action against the obligor under the bond to have the sum of $1,000 payable under the bond so applied.
3(3.1)A payment from a bond may only be made from the Commission to a person referred to in subsection (3) if the Tribunal orders the payment.
3(4)When money has been paid to the Commission under a bond issued in accordance with this section and is to be paid over or returned by the Commission to a person, the Commission may deduct from that money and retain the amount of the costs incurred by the Commission in connection with the recovery and distribution of the money, including the costs of an investigation of a claim made on the money.
R.S.1973, c.A-17, s.3; 1984, c.4, s.1; 2013, c.31, s.1
Statutory declaration respecting encumbrance of property sold
4It is the duty of a person who causes goods and chattels to be offered for sale by auction to deliver to the auctioneer before the sale is held, if the goods and chattels are in excess of $10 in value, a statutory declaration, and in all other cases a statement in writing made or signed by that person, or by some other person authorized by that person who has knowledge of the facts, setting out whether or not any of the goods and chattels are subject to a mortgage, charge, lien or encumbrance, and if so, the full particulars of the mortgage, charge, lien or encumbrance.
R.S.1973, c.A-17, s.4
Auction sales to be by a licensed auctioneer
5All property both real and personal sold by auction in the Province shall be sold by an auctioneer duly licensed under this Act except:
(a) the movable and immovable property of the Crown;
(b) real property sold by the authority of a local government;
(c) real property sold under the authority of a court;
(d) agricultural products sold under the auspices of an agricultural association; and
(e) goods sold for religious or charitable purposes.
R.S.1973, c.A-17, s.5; 2005, c.7, s.5; 2017, c.20, s.10
Fees
6Subject to section 3, there shall be paid to the Director for licences issued under this Act the fees prescribed by regulation.
R.S.1973, c.A-17, s.6; 1984, c.36, s.1; 1988, c.5, s.2; 2013, c.31, s.1
Expiry of licence
7A licence issued under this Act expires on the last day of the twelfth month following the issuance of the licence.
1988, c.5, s.3
Director’s signature on a licence
2013, c.31, s.1
8The signature of the Director on a licence issued under this Act may be printed, stamped or otherwise mechanically reproduced on the licence.
1992, c.12, s.2; 2013, c.31, s.1
Fees imposed by a local government
2017, c.20, s.10
9Nothing in this Act prevents a local government from imposing a licence fee in addition to the provincial licence fee.
R.S.1973, c.A-17, s.7; 2005, c.7, s.5; 2017, c.20, s.10
Suspension or revocation of licence
10(1)The Director may suspend or revoke a licence because of misconduct of the holder of the licence or if the holder of the licence breaches a provision of this Act.
10(2)Repealed: 2017, c.48, s.1
R.S.1973, c.A-17, s.8; 2013, c.31, s.1; 2017, c.48, s.1
Appeals
2013, c.31, s.1
10.1(1)If the director refuses to issue a licence or suspends or revokes a licence issued under this Act, the applicant for the licence or a licensee who is dissatisfied with the decision of the Director may appeal the decision to the Tribunal.
10.1(2)A person who is directly affected by a decision of the Director may appeal the decision to the Tribunal.
10.1(3)An appeal under subsection (1) or (2) shall be made within 30 days after the date of the decision.
10.1(4)Despite subsection (3), the Tribunal may extend the time limit in subsection (3), before or after the expiration of the time, if it is satisfied that there are reasonable grounds for the extension.
2013, c.31, s.1; 2017, c.48, s.1
Offence and penalty
11A person who sells lands, goods, wares or merchandise by auction without having first obtained a licence as directed by this Act, or contrary to the licence, commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
R.S.1973, c.A-17, s.9; 1990, c.61, s.13; 1996, c.79, s.2
Administration
12The Commission is responsible for the administration of this Act.
1988, c.5, s.5; 2013, c.31, s.1
Regulations
13(1)The Lieutenant-Governor in Council may make regulations
(a) prescribing the fee to be charged for the issuance of a licence under this Act;
(b) respecting the books, records, accounts and documents to be maintained by auctioneers;
(c) respecting the information to be included in the books, records, accounts and documents referred to in paragraph (b);
(d) respecting the place or places where the books, records, accounts and documents referred to in paragraph (b) are to be kept;
(e) respecting bonds under section 3, including the form, amount, terms and conditions of the bonds;
(f) prescribing the period of time for which bonds are to be maintained by a person licensed under this Act;
(g) respecting the forfeiture of a bond;
(h) respecting the authority of the Director in relation to the forfeiture of a bond including the realization of money under a bond;
(i) respecting the distribution of money realized in relation to the forfeiture of a bond;
(j) respecting the deduction and retention from money realized in relation to the forfeiture of a bond of the amount of the costs incurred by the Commission in connection with the realization, administration and distribution of the money including the costs of an investigation of a claim made on the money;
(k) respecting the refund of money realized in relation to the forfeiture of a bond when that money is not otherwise disposed of under this Act or the regulations.
13(2)Regulations under paragraph (1)(a) may prescribe different fees for different classes of licence.
1984, c.36, s.2; 1988, c.5, s.6; 1992, c.12, s.3; 2013, c.31, s.1
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to June 16, 2023.