Acts and Regulations

2016, c.111 - Salvage Dealers Licensing Act

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Current to 7 June 2024
2016, c.111
Salvage Dealers Licensing Act
Deposited December 23, 2016
Definitions
1The following definitions apply in this Act.
“antique dealer” means a person who deals in curios, objects of art or of historical interest and home furnishings that through passage of time have increased in interest and value. (antiquaire)
“Chief Inspector” means the Chief Inspector of Salvage Dealers appointed under paragraph 3(a). (inspecteur en chef)
“inspector” means an inspector appointed under paragraph 3(b). (inspecteur)
“licence” means a licence issued under the authority of this Act and includes a renewal of a licence. (licence)
“Minister” means the Minister of Public Safety and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“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)
“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. (objets 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 genuine antique dealer, or
(d) a licensed pawnbroker with respect to that person’s business as a pawnbroker.
“salvage yard” means a building, warehouse, yard or other premises where 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 the salvage dealer. (opération)
R.S.1973, c.S-3, s.1; 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; 2019, c.2, s.131; 2020, c.25, s.102; 2022, c.28, s.49
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,
(a.1) provides a fire safety plan and a site layout for the salvage yard that are in compliance with the Fire Prevention Act in the opinion of the fire marshal appointed under that 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 fixed by regulation.
2(1.1)When issuing a licence or by written notice at any time, the Minister may impose on the licence any terms and conditions the Minister considers appropriate.
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.
R.S.1973, c.S-3, 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; 2024, c.17, s.1
Appointment of Chief Inspector and inspectors
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 or her duties under this Act.
R.S.1973, c.S-3, s.3; 1977, c.49, s.3; 2009, c.3, s.1; 2016, c.28, s.178
Chief Inspector and inspectors as peace officers
4For the purposes of this Act, the Chief Inspector and an inspector have the power and authority of a peace officer and are, by virtue of the office, 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
5(1)All licences issued to salvage dealers owning or operating one or more salvage yards shall state the exact location of every yard.
5(2)No salvage dealer shall change the location of a salvage yard owned or operated by the salvage dealer until the Minister has endorsed permission for the change on the salvage dealer’s licence.
5(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.
5(4)Any licence issued to a salvage dealer who does 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).
R.S.1973, c.S-3, s.4; 1975, c.55, s.3; 1980, c.50, s.3; 2016, c.28, s.179
Necessity of licence
6No 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 the person is the holder of a valid subsisting licence issued under this Act.
R.S.1973, c.S-3, s.5; 1975, c.55, s.4; 1980, c.50, s.4; 1987, c.4, s.12
Records
7(1)A salvage dealer shall keep a record of every purchase or receipt of salvage by the salvage dealer in which the following information shall be entered at the time of purchase or receipt:
(a) the date and hour of purchase or receipt;
(b) a description of the article including a descriptive mark or name on the article;
(c) the price paid;
(d) the precise time of receipt or purchase;
(e) the name and the residence of the person from whom the article was purchased or by whom it was delivered to the salvage dealer;
(f) the registration number and description of a motor vehicle used in delivering the article to the salvage dealer; and
(g) any other information prescribed by regulation.
7(2)The salvage dealer shall keep the record, in the manner prescribed by regulation, at the salvage yard where the transaction was made 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 5(3).
7(3)The information required for the record shall be obtained by the purchaser.
7(4)If a salvage dealer is being prosecuted for an offence under this section and the salvage dealer’s records are proven to be incorrect, the salvage dealer may use the defence that the salvage dealer was misinformed by the vendor, only if the salvage dealer can show that the salvage dealer took reasonable precautions to ensure the correctness of the information entered in the records.
R.S.1973, c.S-3, s.6; 1975, c.55, s.5; 1977, c.49, s.5; 2016, c.28, s.180
Availability of records
8Every record required to be kept by a salvage dealer under this Act shall be open to inspection at all reasonable times and shall be produced without delay on demand by a peace officer.
R.S.1973, c.S-3, s.7; 1977, c.49, s.7
Signs
9A salvage dealer shall erect and maintain in a conspicuous place on every salvage yard operated by the salvage dealer a sign containing the salvage dealer’s name, the words “Licensed Salvage Dealer” and the number of the salvage dealer’s licence in letters and figures not less than 15 cm in height and 10 cm in width.
R.S.1973, c.S-3, s.8; 1975, c.55, s.6
Retention of records
10A salvage dealer shall keep every record required to be kept by him or her under this Act for a period of two years after the date of the transaction to which the record relates.
R.S.1973, c.S-3, s.12; 1975, c.55, s.9; 1980, c.50, s.5, 6; 1990, c.61, s.127
Receipts
11(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).
11(2)A salvage dealer giving a receipt under subsection (1) shall make a duplicate copy of it which shall be attached to the record of the transaction required to be kept under section 7.
R.S.1973, c.S-3, s.14; 1975, c.55, s.11; 1977, c.49, s.7; 1980, c.50, s.8
Cash payments
2022, c.53, s.1
11.1(1)In this section, “cash” means bank notes and coins.
11.1(2)A salvage dealer shall not pay cash for salvage referred to in subsection 3(5) of New Brunswick Regulation 84-107 under this Act.
2022, c.53, s.1
Powers of Chief Inspector and inspectors
12(1)The Chief Inspector or an inspector may at any reasonable time enter a salvage yard and may inspect the salvage yard and any salvage or records found in the salvage yard, and may remove any records for the purpose of copying.
12(2)The Chief Inspector or an inspector may seize and detain any salvage or record found in a salvage yard that the Chief Inspector or inspector believes on reasonable grounds may provide evidence of the commission of an offence under this Act.
12(3)Salvage or records inspected, removed, seized or detained under subsection (1) or (2) shall not be held for a period longer than 72 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.
R.S.1973, c.S-3, s.15; 1975, c.55, s.12; 1977, c.49, s.7; 1986, c.6, s.40; 1990, c.22, s.46
Search and seizure of vehicles
13(1)The Chief Inspector or an inspector may stop a vehicle used by a salvage dealer for the purpose of transporting salvage and may inspect its contents.
13(2)The Chief Inspector or an inspector may seize and detain anything that the Chief Inspector or inspector finds in a vehicle inspected under this section and that the Chief Inspector or inspector believes on reasonable grounds may provide evidence of the commission of an offence under this Act, and if an item is seized and detained, the Chief Inspector or inspector may seize the vehicle.
13(3)A vehicle or the contents of a vehicle inspected, seized or detained under this section shall not be held for a period longer than 72 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.
R.S.1973, c.S-3, s.16; 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
14Before or after attempting to enter a salvage yard or vehicle for the purposes of section 12 or 13, the Chief Inspector or an inspector may apply to a judge for an entry warrant in accordance with the Entry Warrants Act.
1986, c.6, s.42
Seizure under Provincial Offences Procedure Act
15Anything that the Chief Inspector or an inspector seizes during a search authorized under the Provincial Offences Procedure Act or otherwise in accordance with the Provincial Offences Procedure Act and that 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 12(2).
1986, c.6, s.42; 1990, c.22, s.46
Certificate as evidence
16(1)The Minister may issue a certificate stating that a salvage dealer has not been issued a licence under this Act.
16(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.
R.S.1973, c.S-3, s.18; 1980, c.50, s.11; 2016, c.28, s.181
Offences and penalties
17(1)A person who violates or fails to comply with section 9 or a provision of the regulations commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
17(2)A person who violates or fails to comply with subsection 5(2) or (3) or 7(1), section 10 or subsection 11(1) or (2) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
17(3)A person who violates or fails to comply with section 8 or 11.1 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
17(3.1)A person who violates or fails to comply with section 6 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.
17(4)Despite section 51 and subsections 56(2), (3) and (5) of the Provincial Offences Procedure Act, when a person is convicted of an offence under subsection (1), (2), (3) or (3.1), the minimum fine shall be double the minimum fine specified in that Act for that category of offence.
17(5)If an offence under section 6 continues for more than one day
(a) the minimum fine that may be imposed is double the minimum fine set by the Provincial Offences Procedure Act for a category H offence multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category H offence multiplied by the number of days during which the offence continues.
R.S.1973, c.S-3, s.20; 1975, c.55, s.16; 1980, c.50, s.12; 1990, c.61, s.127; 2022, c.53, s.2; 2024, c.17, s.2
Suspension and revocation of licences
18(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 on the licensee 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.
18(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).
18(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.
18(4)Despite subsection (1), the Minister may suspend a licence temporarily without extending to the licensee an opportunity to be heard and to be represented by counsel if an investigation under subsection (3) is ongoing and the Minister is satisfied on reasonable grounds that there is a danger to the public and the potential for loss of life.
R.S.1973, c.S-3, s.21; 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; 2024, c.17, s.3
Judicial review
19The 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
20The 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
Regulations
21The Lieutenant-Governor in Council may make regulations
(a) prescribing information for the purposes of paragraph 7(1)(g);
(b) prescribing the manner and place of keeping records;
(c) prescribing hours and days during which salvage yards shall be closed;
(d) prescribing the period of time a licence or a renewal of a licence remains in effect;
(e) fixing the fees to be payable;
(f) respecting forms for the purposes of this Act and the regulations;
(g) respecting any other matter that may be necessary for the proper administration of this Act.
R.S.1973, c.S-3, s.22; 1975, c.55, s.18; 1980, c.50, s.15; 2016, c.28, s.185
N.B. This Act was proclaimed and came into force February 9, 2017.
N.B. This Act is consolidated to June 7, 2024.