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SNL2006 CHAPTER F-19.1

FLEA MARKETS REGULATION ACT

Amended:

 

CHAPTER F-19.1

AN ACT RESPECTING THE SALE OF CERTAIN ITEMS AT A FLEA MARKET

(Assented to December 12, 2006 )

Analysis



Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Flea Markets Regulation Act .

2006 cF-19.1 s1

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Definitions

        2. In this Act

             (a)  "commercial flea market" means an event organized for the sale of goods at which an operator leases or rents or otherwise provides a table, selling space or other facility to a person for the purpose of conducting sales of goods and includes an event commonly known as a flea market or an operation designated as a commercial flea market by regulation, but does not include an event operated by a body organized and operated exclusively for religious, educational, charitable or community-service purposes;

             (b)  "flea market" means an event organized for the sale of goods and includes an event commonly known as a flea market or an operation designated as a flea market by regulation, but does not include an event operated by a body organized and operated exclusively for religious, educational, charitable or community-service purposes;

             (c)  "operator" means a person who leases or rents or otherwise provides a table, selling space or other facility to a person for the purpose of conducting sales of goods at a commercial flea market; and

             (d)  "vendor " means a person who sells or offers for sale goods at a flea market.

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Prohibited goods

        3. (1) An operator shall not operate a commercial flea market at which goods designated by the regulations as prohibited goods are sold or offered for sale.

             (2)  A vendor shall not sell or offer for sale at a flea market goods designated by the regulations as prohibited goods.

             (3)  This section does not apply where the goods have been acquired directly from the producer, manufacturer, wholesaler, distributor or retailer of the goods and where the vendor

             (a)  provides to the operator, prior to the sale or offering for sale at a commercial flea market, proof that the vendor is an authorized sales representative of the producer, manufacturer, wholesaler, distributor or retailer of the goods; or

             (b)  keeps with the goods at all times proof that the vendor is an authorized sales representative of the producer, manufacturer, wholesaler, distributor or retailer of the goods.

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Duty to maintain and provide information

        4. (1) A vendor shall not sell or offer for sale at a flea market goods designated by the regulations as prescribed goods unless information with respect to the goods is maintained by the vendor in accordance with this section.

             (2)  A vendor shall maintain with respect to the prescribed goods sold or offered for sale by the vendor the information prescribed by the regulations for the period prescribed by the regulations.

             (3)  Before a vendor sells or offers for sale prescribed goods at a commercial flea market the vendor shall provide to the operator of the commercial flea market the information required to be maintained under subsection (2).

             (4)  An operator shall not operate a commercial flea market at which prescribed goods are sold or offered for sale unless the information required to be maintained by a vendor under this section has been provided to the operator.

             (5)  A vendor or an operator shall not falsify, obliterate or destroy the information required to be maintained under this section.

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Duty to maintain information

        5. An operator or vendor shall maintain the information provided to the operator under this Act for the period prescribed by the regulations.

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Duty to peace officer

        6. A vendor or operator shall, upon request, provide the information referred to in this Act to a peace officer.

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Access to prescribed goods

        7. A vendor or operator shall, upon request, produce prescribed goods or provide access to prescribed goods to a peace officer.

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Seizure of prescribed goods

        8. Where a vendor or operator fails to provide a peace officer with information requested under section 6 with respect to prescribed goods found at a flea market or where the peace officer is satisfied on reasonable grounds that the information provided is incomplete or inaccurate, the peace officer may, without laying an information or obtaining a warrant, seize and remove those goods.

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Seizure of prohibited goods

        9. Where a peace officer finds goods at a flea market that the peace officer is satisfied, on reasonable grounds, are

             (a)  prohibited goods; and

             (b)  not being sold by an authorized sales representative of the producer, manufacturer, wholesaler, distributor or retailer of the goods,

the peace officer may, without laying an information or obtaining a warrant, seize and remove those goods.

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Offence and penalties

      10. A person who violates a provision of this Act is guilty of an offence and liable on summary conviction to the penalties provided for in the Provincial Offences Act .

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Regulations

      11. The Lieutenant-Governor in Council may make regulations

             (a)  designating prohibited and prescribed goods for the purpose of this Act;

             (b)  designating classes of prescribed goods that may be subject to different information maintenance requirements for the purpose of paragraphs (d) and (e);

             (c)  respecting requirements for proof that a vendor is an authorized sales representative of a producer, manufacturer, wholesaler, distributor or retailer of goods for the purpose of subsection 3(3);

             (d)  prescribing the information required to be maintained by a vendor under this Act and the period for which the information is to be maintained;

             (e)  prescribing the period for which an operator is required to maintain information provided to the operator under this Act;

              (f)  designating operations or a class of operations as a commercial flea market or flea market for the purpose of this Act;

             (g)  exempting operators or a class of operators from the requirements of subsections 4(3) and (4) and sections 5 and 6;

             (h)  re-defining or further defining a word or expression defined in this Act;

              (i)  defining a word or expression used but not defined in this Act; and

              (j)  generally to give effect to the purpose of this Act.

2006 cF-19.1 s11