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Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER S-8

AN ACT RESPECTING THE LICENSING OF SALVAGE DEALERS AND THE OPERATION OF PREMISES WHERE SALVAGE IS BOUGHT, SOLD OR STORED

Analysis

1. Short title

2. Definitions

3. Only salvage dealers to deal in salvage

4. Salvage dealers to be licensed

5. Application for licence

6. Change of location

7. Licence not transferable

8. Sign to be on salvage yard

9. Receipt for salvage purchased outside salvage yard

10. Salvage from persons under 18

11. Salvage to be stored in salvage yard

12. Transfer, break-up or alteration of salvage

13. Times for closure of salvage yards

14. Salvage dealer to show salvage to constable

15. Search and seizure

16. Register of salvage purchased

17. Register to be open for inspection

18. Weekly report to police

19. Suspension or cancellation of licence

20. Regulations

21. Offence


Short title

1. This Act may be cited as the Salvage Dealers Licensing Act.

RSN1970 c343 s1

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Definitions

2. In this Act

(a) "antiques" means curios, objects of art or of historical interest and home furnishings that through passage of time have increased in interest and value;

(b) "constable" means a member of the Royal Newfoundland Constabulary or of the Royal Canadian Mounted Police stationed in the province;

(c) "licence" means a licence or renewal of licence which has been issued under this Act and which has not expired or been suspended or cancelled;

(d) "minister" means the Minister of Justice;

(e) "salvage" includes old anchors, cables, sails and marine stores of another kind, junk, iron, copper, brass, lead, rags, bones, bottles, clothing, furniture and second-hand, used, discarded or surplus goods or articles of any description, whether or not of the kind indicated in this paragraph;

(f) "salvage dealer" means a person who deals in salvage and is the owner or operator of a salvage yard in the province but does not include

(i) a legitimate automobile dealer,

(ii) a vendor who accepts from the purchaser of an article a similar second-hand article as part of the purchase price,

(iii) a legitimate dealer in antiques, or

(iv) a pawnbroker; and

(g) "salvage yard" means a building, warehouse, yard or other premises in which salvage is stored or kept pending sale or resale or delivery to another person.

RSN1970 c343 s2; 1973 No39 Sch C;
1975-76 No58 s4; 1981 c4 Sch C; 1984 c41 Sch C; 1989 c19 Sch B

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Only salvage dealers to deal in salvage

3. A person shall not deal in salvage unless he or she is a salvage dealer, but this section does not apply to a dealer, vendor or pawnbroker referred to in a subparagraph of paragraph 2(f) in respect to his or her operations as that dealer, vendor or pawnbroker.

RSN1970 c343 s3

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Salvage dealers to be licensed

4. A person shall not carry on business as a salvage dealer unless he or she holds a licence.

RSN1970 c343 s4

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Application for licence

5. (1) A person who intends to carry on or continue in business as a salvage dealer shall apply to the minister for a licence in respect of each salvage yard at which he or she carries on or proposes to carry on business and the application for the licence and each renewal

(a) shall be in a form prescribed by the minister;

(b) shall set out the location and condition of the salvage yard on which the business is to be carried on, the number and names of persons who are or are to be employed by the applicant;

(c) shall contain other information which the minister requires about the business which is being carried on or which will be carried on; and

(d) shall be accompanied by the fee prescribed by the regulations.

(2) The minister may in his or her absolute discretion

(a) issue a licence; or

(b) without stating a reason for his or her refusal, refuse to issue a licence,

to a person who applies for a licence under subsection (1).

(3) A licence is valid until March 31 following the date of issue unless before that time it is cancelled or suspended.

(4) A licence may be renewed under this section.

(5) A licence shall state the exact location of the salvage yard which is owned or operated by the salvage dealer to whom it is issued and in respect of which the licence is issued.

(6) A separate licence is required for each salvage yard at which a salvage dealer carries on or proposes to carry on business.

RSN1970 c343 s5

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Change of location

6. A salvage dealer shall not change the location of a salvage yard which he or she owns or operates until the minister has endorsed permission for the change on the salvage dealer's licence.

RSN1970 c343 s6

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Licence not transferable

7. A salvage dealer shall not transfer a licence.

RSN1970 c343 s7

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Sign to be on salvage yard

8. (1) A salvage dealer shall erect and maintain in good repair in a conspicuous place on a salvage yard owned, controlled or operated by him or her a sign containing his or her name, the words "Licensed Salvage Dealer" and the number of his or her licence in letters and figures not less than 15 centimetres in height and 10 centimetres in width.

(2) A salvage dealer shall maintain in a conspicuous place on each side of a vehicle, vessel or boat owned, controlled or operated by him or her and used in the business of collecting or transporting salvage, a sign containing his or her name, the words "Licensed Salvage Dealer" and the number of his or her licence in letters and figures not less than 10 centimetres in height and 8 centimetres in width.

RSN1970 c343 s8

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Receipt for salvage purchased outside salvage yard

9. (1) A person shall not purchase or receive salvage outside a salvage yard until he or she has given to the owner or apparent owner a receipt for the salvage purchased or received.

(2) A person who gives a receipt under subsection (1) shall make and keep in his or her possession for 60 days a duplicate copy of the receipt and show it upon demand to a constable.

RSN1970 c343 s9

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Salvage from persons under 18

10. A salvage dealer shall not and neither shall his or her agent or employee purchase or accept by barter or exchange salvage from a person who is under the age of 18 years unless that person produces a written authorization from 1 of his or her parents or guardian for the sale or delivery of the salvage to the salvage dealer and the salvage dealer shall keep the written authorization as part of his or her records.

RSN1970 c343 s10

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Salvage to be stored in salvage yard

11. (1) A salvage dealer shall not store salvage anywhere except in a salvage yard which he or she owns or operates and shall immediately after he or she purchases or receives salvage outside his or her salvage yard deliver it to his or her salvage yard.

(2) A salvage dealer shall keep combustible or inflammable materials in the salvage yard which he or she owns, controls or operates separated from other materials and shall take reasonable precautions to prevent the outbreak or spread of fire in or from the combustible or inflammable materials.

RSN1970 c343 s11

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Transfer, break-up or alteration of salvage

12. (1) Unless he or she has received permission under subsection (2), a salvage dealer shall not deliver, transfer to a place other than his or her salvage yard, break up or alter salvage purchased or received by him or her until after the expiry of 7 days from the time of the purchase or receipt.

(2) The Chief of Police may in the City of St. John's and the Officer Commanding the Royal Canadian Mounted Police Force, or members of that force that the Officer Commanding may designate for the purpose, may elsewhere in the province give written permission to a salvage dealer to deliver, transfer, break up or alter salvage before the expiry of 7 days from the time the dealer purchased or received the salvage.

RSN1970 c343 s12

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Times for closure of salvage yards

13. A salvage dealer shall not keep a salvage yard open or permit it to be open for the purpose of purchasing, receiving, selling or delivering salvage between the hours of 9:30 p.m. of one day and 8:00 a.m. of the following day or on a Sunday or during hours or on days that may be prescribed by the regulations.

RSN1970 c343 s13

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Salvage dealer to show salvage to constable

14. (1) A salvage dealer and his or her agents or employees shall on the request of a constable show to the constable salvage in the salvage yard or in a vehicle, vessel or boat owned, controlled or operated by the dealer.

(2) A constable may at reasonable times, so long as it is reasonably necessary to determine compliance with this Act,

(a) enter upon a salvage yard or a vessel or vehicle owned, controlled or operated by a salvage dealer; and

(b) demand the production of and inspect the business books, documents, correspondence and records that the constable believes on reasonable grounds are in respect of the operation of the salvage dealer.

RSN1970 c343 s14; 1985 c11 s62

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Search and seizure

15. (1) Where the minister believes on reasonable grounds that a person has contravened this Act or regulations, a constable may with a warrant issued under subsection (2) at a reasonable time enter upon and search the contents of the salvage yard, vessel or vehicle referred to in section 14 and may investigate, inquire into and examine the affairs of the salvage dealer and into books, documents, correspondence and records in relation to that salvage dealer.

(2) A Provincial Court judge or justice of the peace who is satisfied by information upon oath or affirmation that there are reasonable grounds for believing that there is in a salvage yard, vessel or vehicle referred to in section 14 anything that will give evidence with respect to an offence under this Act may issue a warrant authorizing a constable to enter and search that yard, vessel or vehicle and to make inquiries and copies of books, documents, correspondence and records that are considered necessary, subject to conditions which may be specified in the warrant.

(3) The owner or person in charge of the premises referred to in this section and section 14 and a person found in those premises shall give a constable reasonable help to enable the constable to carry out his or her duties and functions and shall provide the information which the constable may reasonably require.

(4) Notwithstanding subsection (1), a constable may exercise the power of search referred to in that subsection without a warrant issued under subsection (2) where the conditions for obtaining the warrant exist but by reason of urgent circumstances it would not be practical to obtain the warrant.

(5) For the purposes of subsection (4), urgent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.

1985 c11 s62

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Register of salvage purchased

16. (1) A salvage dealer shall keep in a register a complete and clear record of salvage which he or she purchases or receives in a register and he or she shall at the time of purchase or receipt enter

(a) the date and hour of the purchase or receipt;

(b) the place where the salvage was purchased or received;

(c) a description of the salvage, including a serial number, descriptive mark or name which is on it;

(d) the price paid or a description of other goods given in exchange or barter for the salvage;

(e) the name, address and occupation of the person from whom the salvage was purchased or received or by whom it was delivered;

(f) the identification plate number of a motor vehicle used in the delivery of the salvage to the salvage yard; and

(g) other information which may be required by the regulations.

(2) A salvage dealer shall, in addition to entering in a register kept under subsection (1) the information required to be entered under that subsection, at the time of sale, delivery, transfer, destruction or alteration enter that fact in the register and, when the salvage has been sold, delivered or transferred to another person, the salvage dealer shall enter in the register the name, occupation and address of that person, the date and hour of the sale, delivery or transfer and the sale price of the salvage or a description of other goods received in exchange or barter for the salvage.

RSN1970 c343 s15

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Register to be open for inspection

17. The register required to be kept under section 16 shall be open to inspection by a constable.

RSN1970 c343 s16

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Weekly report to police

18. (1) A salvage dealer shall, on the 1st business day of each week, deliver an accurate record, in a form prescribed by the regulations, of transactions in salvage made by him or her during the immediately preceding week

(a) in respect of transactions which took place within the City of St. John's, to the Chief of Police of the Royal Newfoundland Constabulary and to the Officer Commanding "B" Division of the Royal Canadian Mounted Police; and

(b) in respect of transactions which took place in the province outside the City of St. John's, to a detachment of the Royal Canadian Mounted Police within whose jurisdiction the transactions took place.

(2) For the purposes of this section "transaction" includes purchase or receipt by a salvage dealer and sale or delivery by him or her.

RSN1970 c343 s17; 1981 c79 s8

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Suspension or cancellation of licence

19. Where the minister is satisfied that a salvage dealer has failed to observe this Act or the regulations he or she may suspend the licence of that dealer for a period which he or she considers appropriate or he or she may cancel the licence.

RSN1970 c343 s18

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Regulations

20. (1) The Lieutenant-Governor in Council may make regulations

(a) prescribing the form of records to be kept by salvage dealers;

(b) prescribing the manner in which salvage dealers shall keep their records;

(c) prohibiting a salvage dealer from purchasing or receiving, or an agent or employee of the salvage dealer, salvage from a person not identified in the manner and to the extent prescribed by regulations;

(d) prohibiting a person from selling or delivering salvage to a salvage dealer, or the agent or employee of a salvage dealer, without identifying himself or herself in the manner and to the extent prescribed by regulations;

(e) prescribing the manner and extent of identification to be provided by a person to a salvage dealer, or the agent or employee of that salvage dealer, before that salvage dealer, agent or employee may purchase or receive salvage from that person and before that person may sell or deliver salvage to the salvage dealer or the agent or employee of the salvage dealer;

(f) regulating the construction, operation, security, location, facilities, equipment, content, condition, accessibility, protection and appearance of salvage yards, including requiring the removal from a salvage yard and disposal, by and at the expense of the appropriate salvage dealer, of unsightly, offensive, unusable or unsalable materials or other things;

(g) prescribing the hours or days during which salvage yards shall be closed;

(h) fixing the fees to be paid; and

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

(2) The Lieutenant-Governor in Council may make different regulations under subsection (1) in respect of different classes or descriptions of salvage yards or salvage yards dealing in different descriptions of salvage or in respect of the same class or description of salvage yards or salvage yards dealing in the same salvage in different circumstances and may make regulations to apply generally or to a particular part of the province and may make different regulations in respect of salvage yards operated in different parts of the province.

RSN1970 c343 s19

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Offence

21. A person who

(a) makes a false entry in the register required to be kept under section 16 or in a record required to be delivered under section 18; or

(b) violates this Act or the regulations

is guilty of an offence and liable on summary conviction to a fine of not more than $500 and in default of payment of the fine to imprisonment for a term not exceeding 6 months or to both a fine and imprisonment and in a case of default of payment of the fine to imprisonment for a further term not exceeding 6 months.

RSN1970 c343 s20

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