Acts and Regulations

A-17 - Auctioneers Licence Act

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Repealed on 1 September 2011
CHAPTER A-17
Auctioneers Licence Act
Repealed: R.S.N.B. 2011, Schedule A
Definition
1In this Act,
“Minister” means the Minister of Justice and Consumer Affairs and includes persons designated by the Minister to act on the Minister’s behalf.(Ministre)
R.S., c.15, s.1; O.C.64-312; 1978, c.D-11.2, s.2; 1988, c.5, s.1; 2006, c.16, s.15
Auctioneer’s licence required
2No person shall act as an auctioneer without a licence from the Minister.
R.S., c.15, s.2; 1966, c.31, s.1
Security required
3(1)No licence under this Act shall be issued to any person unless and until he has delivered to the Minister such security as may be approved by the Minister, or a bond issued by a company authorized to carry on the business of guarantee and fidelity insurance in the Province in such form as may be approved by the Minister to the effect that the company binds itself to pay the sum of one thousand dollars, in the event of the applicant for the licence making default in performing his obligations to any person by whom he is employed as an auctioneer, to the Minister on behalf of such person forthwith upon the happening of any such event; and containing a provision that the bond shall not be cancelled by the company unless and until the company has given to the Minister notice of intention to cancel it and until the expiration of thirty days after the notice has been so given.
Claims against auctioneer
3(2)Subject to subsection (3), a person having a claim against an auctioneer arising out of any default on the part of the auctioneer in the performance of his obligation as an auctioneer to such person at any time during which any bond issued pursuant to this section in respect of the auctioneer is uncancelled shall, notwithstanding that the person is not a party to the bond, be entitled upon recovering judgment for the claim against the auctioneer to have the sum of one thousand dollars payable under the bond applied in or towards the satisfaction of the amount for which he has so obtained judgment and of any other judgments for similar claims against the auctioneer, and may on behalf of himself and all persons having similar judgments maintain an action against the obligor under the bond to have the sum of one thousand dollars payable thereunder so applied.
Expenses of Minister
3(3)Where money has been paid to the Minister under a bond issued pursuant to this section and is to be paid over or returned by the Minister to any person, the Minister may deduct from that money and retain the amount of the costs incurred by him in connection with the recovery and distribution of the money, including the costs of any investigation of a claim made upon the money.
R.S., c.15, s.3; 1984, c.4, s.1
Statutory declaration respecting incumbrance of property sold
4It is the duty of every person who causes any goods and chattels to be offered for sale by auction to deliver to the auctioneer before the sale is held, in case the goods and chattels are in excess of ten dollars in value, a statutory declaration, and in all other cases a statement in writing made or signed by him, or by some other person authorized by him who has knowledge of the facts, setting out whether or not any of the goods and chattels are subject to any mortgage, charge, lien or incumbrance, and if so, the full particulars thereof.
R.S., c.15, 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 municipality or rural community;
(c) real property sold under the authority of a court;
(d) agricultural products sold under the auspices of an agricultural association;
(e) goods sold for religious or charitable purposes.
R.S., c.15, s.5; 1966, c.31, s.2; 2005, c.7, s.5
Fees
6(1)Subject to the provisions of section 3 there shall be paid to the Minister for licences issued hereunder the fees prescribed by regulation.
Repealed
6(2)Repealed: 1988, c.5, s.2
R.S., c.15, s.6; 1984, c.36, s.1; 1988, c.5, s.2
Expiry of licence
6.1(1)Every licence issued under this Act expires on the last day of the twelfth month following the issuance of the licence.
6.1(2)Notwithstanding subsection (1), every licence issued under this Act at a time when such licence expired on the thirty-first day of March and which is valid immediately before the commencement of subsection (1) expires on the last day of the month in which the first licence was issued under this Act to that person that next follows March 31, 1989.
1988, c.5, s.3
Minister’s signature on a licence
6.2The signature of the Minister on a licence issued under this Act may be printed, stamped or otherwise mechanically reproduced on the licence.
1992, c.12, s.2
Fees imposed by municipality or rural community
7Nothing in this Act prevents a municipality or rural community from imposing a licence fee in addition to the provincial licence fee.
R.S., c.15, s.7; 1966, c.31, s.3; 2005, c.7, s.5
Revocation or suspension of licence
8The Minister may at any time suspend or revoke a licence on account of the misconduct of the holder or on account of an infraction by him of the provisions of this Act.
R.S., c.15, s.8
Penalty
9Any person who sells lands, goods, wares or merchandise by auction without having first obtained a licence as hereinbefore directed, or contrary to such licence, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
R.S., c.15, s.9; 1990, c.61, s.13; 1996, c.79, s.2
Repealed
10Repealed: 1990, c.22, s.5
R.S., c.15, s.10; 1990, c.22, s.5
Administration
10.1The Minister is responsible for the administration of this Act and may designate persons to act on behalf of the Minister.
1988, c.5, s.5
Regulations
11The Lieutenant-Governor in Council may make regulations prescribing the fee to be charged for the issue of a licence under this Act, and regulations under this section may prescribe different fees for different classes of licence.
1984, c.36, s.2
Regulations
12The Lieutenant-Governor in Council may make regulations
(a) respecting the books, records, accounts and documents to be maintained by auctioneers;
(b) respecting the information to be included in the books, records, accounts and documents referred to in paragraph (a);
(c) respecting the place or places where the books, records, accounts and documents referred to in paragraph (a) are to be kept;
(d) respecting bonds under section 3, including the form, amount, terms and conditions of the bonds;
(e) prescribing the period of time for which bonds are to be maintained by a person licensed under this Act;
(f) respecting the forfeiture of a bond;
(g) respecting the authority of the Minister in relation to the forfeiture of a bond including the realization of money under a bond;
(h) respecting the distribution of money realized in relation to the forfeiture of a bond;
(i) 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 Minister in connection with the realization, administration and distribution of the money including the costs of any investigation of a claim made upon the money;
(j) 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.
1988, c.5, s.6; 1992, c.12, s.3
N.B. This Act is consolidated to September 1, 2011.