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Third
Session, 45th General Assembly 55
Elizabeth II, 2006 |
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AN ACT RESPECTING THE |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE
Minister of Justice and Attorney General |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTE This Bill would provide for the regulation of the sale of goods at flea markets held in the province. |
A AN ACT RESPECTING THE Analysis 1. Short title 2. Definitions 3. Prohibited goods 4. Duty to maintain and provide information 5. Duty to maintain information 6. Duty to peace officer 7. Access to prescribed goods 8. Seizure of prescribed goods 9. Seizure of prohibited goods 10. Offence and penalties 11. Regulations 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. 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. 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.
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. 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. Duty to peace officer 6. A vendor or operator shall, upon request,
provide the information referred to in this Act to a peace officer. 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. 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. 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. 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. 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. ŠEarl
G. Tucker, Queen's Printer |