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Statutes of Newfoundland 1996


CHAPTER 35

CHAPTER 35

AN ACT TO AMEND THE AUTOMOBILE
DEALERS ACT, THE DIRECT SELLERS ACT, THE INSURANCE ADJUSTERS, AGENTS AND
BROKERS ACT, THE INSURANCE COMPANIES ACT, THE REAL ESTATE TRADING ACT AND THE TRUST AND LOAN CORPORATIONS
LICENSING ACT

(Assented to December 19, 1996)

Analysis

AUTOMOBILE
DEALERS ACT

1. S.2 Amdt.
Definitions

2. S.3 Amdt.
Registrar

3. S.4 Amdt.
Duties of registrar

4. S.8 Amdt.
Registration

5. Ss.9 and 10 Rep.
9. Dealer to notify
registrar
10. Registration of
salesperson

6. S.11 Amdt.
Registration

7. S.12 Amdt.
Application for registration

8. S.13 Amdt.
Place of business of dealer

9. S.14 Amdt.
Address for service

10. S.15 Amdt.
Notification to registrar

11. S.16 Amdt.
Suspension or cancellation

12. S.17 Amdt.
Further information

13. S.18 Amdt.
Inactive automobile dealers

14. S.20 Amdt.
Investigation by registrar

15. S.28 Amdt.
Regulations

16. S.34 Amdt.
Evidence of carrying on business

DIRECT SELLERS ACT

17. S.2 Amdt.
Definitions

18. S.5 Amdt.
Exceptions to licensing

19. S.6 Amdt.
Licensing vendors and salespersons

20. S.7 Amdt.
Application for licence

21. S.8 Amdt.
Address for service

22. Ss. 10, 11, 12 and 13 Rep.
10. Licence for salesperson
11. Salesperson authorized
to act
12. Vendor to notify reg- istrar
13. Licence transfer pro- hibited

23. S.14 Amdt.
Registrar's discretion

24. S.15 Amdt.
Terms, conditions and restrictions

25. S.16 Rep.
Validity of licence

26. S.17 Amdt.
Suspension or cancellation

27. S.19 Amdt.
Bonds

28. S.20 Amdt.
Appeals

29. S.22 Amdt.
Rescission of contracts

30. S.27 Amdt.
Restriction on enforcement of contract

31. S.28 Rep.
Prohibition

32. S.30 Amdt.
Certificate of registrar

33. S.32 Amdt.
Regulations

34. S.32.2 Added
Registration effective

INSURANCE ADJUSTERS, AGENTS AND BROKERS ACT

35. S.2 Amdt.
Definitions

36. S.4 Amdt.
Licence

37. S.7 R&S
Transferring services

38. S.8 Amdt.
Students

39. S.10 R&S
Company or partnership dissolved

40. S.12 R&S
Duration of licence

41. S.15 Amdt.
Power to revoke, etc. a licence

42. S.18 Amdt.
Appeal board

43. S.19 Amdt.
Record of licences

44. S.24 Amdt.
Special licence

45. S.28 Amdt.
Prohibition

46. S.44 Amdt.
Regulations

47. S.45 Amdt.
Offence

INSURANCE COMPANIES ACT

48. S.20 Amdt.
Form of licences, etc.

49. S.25 Amdt.
Appeals

50. S.62 Amdt.
Provisional liquidator

51. S.73 Rep.
Extension of licence of insurer

52. S.116 Amdt.
Security

REAL ESTATE TRADING ACT

53. S.2 Amdt.
Definitions

54. S.5 Amdt.
Issue of licences

55. S.12 Amdt.
Advisory board

56. S.15 Amdt.
Address for service

57. S.19 Amdt.
Bond

58. S.22 Amdt.
Appeal

TRUST AND LOAN CORPORATIONS LICENSING ACT

59. S.3 Amdt.
Licence

60. S.4 Amdt.
Application for licence

61. S.6 Amdt.
Ministerial discretion

62. S.7 Amdt.
Terms and conditions

63. S.9 Amdt.
Further information

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

AUTOMOBILE DEALERS ACT


RSN1990 cA-21 as amended

1. (1) Paragraph 2(h) of the Automobile Dealers Act is amended by deleting the words "and Salespersons".

(2) Paragraph 2(i) of the Act is deleted.

2. Subsections 3(1), (2), (3) and (4) of the Act are amended by deleting the words "and Salespersons".

3. (1) Paragraph 4(c) of the Act is amended by deleting the words "or salespersons".

(2) Paragraph 4(h) of the Act is amended by deleting the words "and salespersons".

4. (1) Paragraph 8(1)(b) of the Act is repealed.

(2) Subsection 8(4) of the Act is repealed.

(3) Subsection 8(5) of the Act is amended by deleting the words "or a salesperson".

5. Sections 9 and 10 of the Act are repealed.

6. (1) Subsection 11(1) of the Act is amended by deleting the words "or renewal of registration" wherever they occur and by deleting the words "or as a salesperson".

(2) Paragraphs 11(1)(a) and (b) of the Act are amended by deleting the words "or renewal".

(3) Subsections 11(3) and (4) of the Act are amended by deleting the words "or salesperson".

(4) Section 11 of the Act is amended by adding the following immediately after subsection (4):

(5) The acts of any individual either in the automobile dealer's employ, acting on behalf of the automobile dealer, or under the authority of the automobile dealer, are considered to be not only his or her acts but also the acts of the dealer.

7. (1) Subsection 12(1) of the Act is amended by deleting the words "or renewal of registration" and the words "or a salesperson".

(2) Subsection 12(2) of the Act is repealed and the following substituted:

(2) A registration remains in effect subject to the filing of annual reports and payment of an annual fee as prescribed by the minister until it is withdrawn by the registered person or is suspended or cancelled under the Act.

(3) Subsection 12(3) of the Act is amended by deleting

(a) the words "or renewal of registration";

(b) the words "or a salesperson" wherever they appear; and

(c) the words "or salesperson".

8. Sections 13 is amended by deleting the words "or renewal of registration".

9. Section 14 of the Act is amended by deleting the words "or renewal of registration".

10. (1) Paragraph 15(1)(c) of the Act is repealed.

(2) Subsection 15(2) of the Act is repealed.

11. (1) Subsection 16(1) of the Act is amended by deleting

(a) the words "or renewal of registration" wherever they appear; and

(b) the words "or to act as a salesperson".

(2) Subsection 16(2) of the Act is repealed.

12. Section 17 of the Act is amended by deleting the words "or renewal of registration".

13. (1) Subsection 18(1) of the Act is amended by deleting the words "or a salesperson".

(2) Section 18 of the Act is amended by deleting the words "or salesperson" wherever they appear.

14. Subsection 20(2) of the Act is amended by deleting the words "or salesperson" and the words "or of a salesperson".

15. (1) Paragraph 28(b) of the Act is repealed and the following substituted:

(b) governing applications for registration and prescribing terms and conditions, subject to cancellation or suspension, of registration;

(2) Paragraph 28(h) is amended by deleting the words "or salespersons" wherever they appear.

(3) Paragraph 28(i) of the Act is amended by deleting the words "or salespersons" wherever they appear.

16. Section 34 of the Act is amended by deleting the words "or acted as a salesperson" wherever they appear.

DIRECT SELLERS ACT

RSN1990 cD-24 as amended

17. Paragraph 2(f) of the Direct Sellers Act is repealed and the following substituted:

(f) "licence" means a licence issued under this Act to a vendor;

18. (1) Subsection 5(1) of the Act is amended by adding a comma and the following immediately before the period at the end of the subsection "or is authorized by the vendor to carry on the business of direct selling".

(2) Section 5 of the Act is amended by adding the following immediately after subsection (1):

(1.1) The acts of any individual either in the vendor's employ, or acting on behalf of or under the authority of the vendor, are considered to be not only the individual's acts but also the acts of the vendor.

19. (1) Subsection 6(1) of the Act is amended by deleting the words "and salespersons" and by deleting the words "and a licence issued to a salesperson shall be known as a salesperson's licence".

(2) Subsections 6(2) and (3) of the Act are repealed.

(3) Subsection 6(4) of the Act is amended by deleting the words "or salesperson" wherever they appear.

20. (1) Subsection 7(1) of the Act is amended by deleting the words "or salesperson" and "or a renewal of a licence".

(2) Subsection 7(2) of the Act is amended by deleting the words "or salesperson".

21. Subsection 8(1) of the Act is amended by deleting the words "or renewal of a licence".

22. Sections 10, 11, 12 and 13 of the Act are repealed.

23. Paragraphs 14(a) and (b) of the Act are amended by deleting the words "or a renewal of a licence".

24. Section 15 of the Act is amended by deleting the words "or renewed".

25. Section 16 of the Act is repealed.

26. Subsection 17(2) of the Act is repealed.

27. (1) Subsection 19(2) of the Act is amended by deleting the words "an applicant for a renewal of a licence" and substituting the words "a vendor".

(2) Subsection 19(4) of the Act is amended by deleting the words "or licence renewal" wherever they appear.

28. Subsection 20(1) of the Act is amended by deleting the word and comma "renewal,".

29. Subparagraph 22(1)(b)(i) is amended by deleting the words "or salesperson of the vendor".

30. Section 27 of the Act is amended by deleting the words "and salesperson were licensed, or, where the vendor is his or her own salesperson, that vendor".

31. Section 28 of the Act is repealed.

32. (1) Paragraph 30(a) of the Act is amended by deleting the word "salesperson" and the comma immediately before that word.

(2) Paragraphs 30(b) and (c) of the Act is amended by deleting the words "or salesperson".

33. Paragraph 32(f) of the Act is amended by deleting the words "and renewals of licences".

34. The Act is amended by adding the following immediately after section 32.1:

Registration effective

32.2 A registration remains in effect subject to the filing of annual reports and payment of an annual fee as prescribed by the minister until it is withdrawn by the registered person or is suspended or cancelled under the Act.

INSURANCE ADJUSTERS, AGENTS AND BROKERS ACT

RSN1990 cI-9 as amended

35. Paragraph 2(r) of the Insurance Adjusters, Agents and Brokers Act is amended by striking out the words "or renewed", by striking out the words "expired or" and by striking out the words "suspended or revoked" and substituting "suspended, revoked or cancelled".

36. (1) Subsection 4(1) of the Act is amended by striking out the words "or renew".

(2) Subsection 4(2) of the Act is amended by striking out the words "or renewal of a licence".

37. Section 7 of the Act is repealed and the following substituted:

Transferring services

7. (1) An adjuster or representative who transfers his or her services from one sponsor to another shall immediately notify the superintendent, and the sponsor, adjuster or representative shall immediately return the licence to the superintendent, who may cancel the licence.

(2) If the superintendent is satisfied with the transfer and the adjuster or representative meets the qualifications and requirements for licensing set out in this Act and the regulations, the superintendent may issue another licence to that adjuster or representative.

(3) Where an adjuster or representative ceases to be sponsored by the sponsor whose name is specified in his or her licence, the licence of the adjuster or representative is considered to be suspended for the purposes of this Act, and the sponsor, adjuster or representative shall immediately return the licence to the superintendent, who may cancel that licence.

(4) The superintendent may issue another licence to that adjuster or representative where the adjuster or representative meets the qualifications and requirements for licensing set out in this Act and the regulations.

38. Subsections 8(3), (4) and (5) of the Act are repealed and the following substituted:

(3) A student who transfers his or her services from one sponsor to another shall immediately notify the superintendent and the student or sponsor whose name is on the student's licence shall immediately return the licence to the superintendent, who may cancel the licence.

(4) If the superintendent is satisfied with the transfer and the student meets the qualifications and requirements for licensing set out in this Act and the regulations, the superintendent may issue another licence to that student.

(5) Where a student ceases to be sponsored by the sponsor whose name is specified in his or her licence, the licence of the adjuster or representative is considered to be suspended for the purposes of this Act, and the student or sponsor whose name is on the student's licence shall immediately return the licence to the superintendent, who may cancel that licence.

(6) The superintendent may issue another licence to that student where the student meets the qualifications and requirements for licensing set out in this Act and the regulations.

39. Sections 10 of the Act is repealed and the following substituted:

Company or partnership dissolved

10. (1) Where a partnership licensed as an adjustment company, agent or broker is dissolved or otherwise terminated, the partnership shall immediately notify in writing the superintendent who shall revoke the licence and the partnership shall immediately return the licence to the superintendent.

(2) Where a corporation, which has been licensed under this Act, is dissolved or wound up or its charter is cancelled, the corporation by its principal officers, the liquidator or trustee shall within a reasonable time notify in writing the superintendent who shall revoke the licence and the corporation shall return the licence to the superintendent.

(3) Where a corporation which has been licensed under this Act ceases doing business in the province the corporation by its principal officers shall within a reasonable period of time notify in writing the superintendent and shall return the licence to the superintendent who may cancel the licence.

40. Section 12 of the Act is repealed and the following substituted:

Duration of licence

12. (1) A licence remains in effect, subject to the filing of annual reports and payment of an annual fee as prescribed by the minister, and subject to the qualifications and the requirements of the Act and regulations until it is suspended, revoked or cancelled under this Act.

(2) The superintendent may issue a licence for a period of time the superintendent considers appropriate.

41. Section 15 of the Act is amended by striking out the words "revoke, suspend or refuse to renew" and substituting the words "revoke, suspend or cancel".

42. (1) Subsection 18(3) of the Act is amended by deleting the word "reinstated" and substituting the word "continued".

(2) Subsection 18(9) of the Act is amended by deleting the citation "subsection (3)" and substituting "subsection (4)" and by deleting the words "restored or amended" and substituting the words "or continued".

43. (1) Subsection 19(1) of the Act is amended by striking out the words "or renews".

(2) Subsection 19(4) of the Act is amended by striking out the word and comma "renewed,".

44. (1) Subsection 24(4) of the Act is repealed.

(2) Subsection 24(9) of the Act is amended by adding after the words "of an offence" the words "and the licence shall be referred immediately to the superintendent who shall cancel it".

45. Subsection 28(2) of the Act is amended by striking out the words "refuse to renew" and substituting the word "cancel".

46. (1) Paragraph 44(a) of the Act is amended by striking out the words "and renewing".

(2) Paragraph 44(c) of the Act is amended by striking out the words "or renewal of licences".

(3) Paragraph 44(e) of the Act is amended by striking out the words "or renewed".

(4) Paragraph 44(f) of the Act is amended by striking out the words "revoked, suspended or not renewed" and substituting the words "revoked or suspended".

47. (1) Subsection 45(1) of the Act is amended by adding the word "or" at the end of the paragraph (a), by striking out the semicolon and the word "or" at the end of the paragraph (b) and substituting a comma and by repealing paragraph (c).

(2) Subsection 45(2) of the Act is amended by adding the word "or" at the end of the paragraph (a), by striking out the semicolon and the word "or" at the end of the paragraph (b) and substituting a comma and by repealing paragraph (c).

(3) Subsection 45(11) of the Act is amended by deleting the words "without revival".

INSURANCE COMPANIES ACT

RSN1990 cI-10 as amended

48. (1) Subsection 20(2) of the Insurance Companies Act is repealed and the following substituted:

(2) A licence remains in effect, subject to the filing of annual reports as prescribed by the superintendent and payment of an annual fee as prescribed by the minister, until it is suspended or cancelled under this Act.

(2.1) The superintendent may issue a licence for a period of time the superintendent considers appropriate.

(2) Subsection 20(5) of the Act is amended by striking out the words "or renew".

(3) Subsection 20(6) of the Act is repealed and the following substituted:

(6) The minister may set fees required by the Act to be paid.

49. Section 25 of the Act is amended by striking out the words "or renewal of a licence".

50. Paragraph 62(1)(a) of the Act is repealed.

51. Section 73 of the Act is repealed.

52. Section 116 of the Act is amended by striking out the words "or renewal".

REAL ESTATE TRADING ACT

RSN1990 cR-2 as amended

53. Paragraph 2(c) of the Real Estate Trading Act is amended by striking out the words "and includes a renewal of a licence".

54. Subsection 5(3) of the Act is repealed and the following substituted:

(3) A licence remains in effect, subject to the filing of annual reports and payment of an annual fee as prescribed by the minister, until it is suspended or cancelled under this Act.

55. Subsection 12(1) of the Act is amended by striking out the words "or renewal".

56. Section 15 of the Act is amended by striking out the words "or renewal of a licence".

57. Subsection 19(2) of the Act is repealed.

58. Subsection 22(1) is amended by striking out the word and comma "renewal,".

TRUST AND LOAN CORPORATIONS LICENSING ACT

RSN1990 cT-9 as amended

59. Subsections 3(2) and (3) of the Trust and Loan Corporations Licensing Act are repealed and the following substituted:

(2) A licence remains in effect, subject to the filing of annual reports and payment of an annual fee as prescribed by the minister, until it is suspended, revoked or cancelled under this Act.

(3) The minister may cancel a licence issued under this Act or may issue a licence for a period the minister considers appropriate.

60. Section 4 of the Act is amended by striking out the words "or renewal of a licence".

61. (1) Paragraph 6(1)(a) of the Act is amended by striking out the words "or renew".

(2) Subsection 6(2) of the Act is amended by striking out the words "or renewal of a licence".

62. Subsection 7(1) of the Act is amended by striking out the words "or renewed" wherever they appear.

63. Section 9 of the Act is amended by striking out the words "or renewal of a licence".

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