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Copyright © 2000: Queens Printer,
Revised Statutes of Newfoundland 1990
AN ACT RESPECTING MOBILE HOMES AND THE REGISTRATION AND REGULATION OF MOBILE HOME DEALERS
1. This Act may be cited as the Mobile Home Dealers Act.
1974 No61 s1Back to Top
2. In this Act
(a) "minister" means the Minister of Justice;
(b) "mobile home" means a portable dwelling unit, manufactured wholly or partly for use as living accommodation for 1 or more persons and capable of being attached to and drawn, propelled or transported by a motor or other vehicle, or transported by any means on its own chassis or on the chassis of a vehicle, notwithstanding that the unit is placed on the ground or on a foundation with or without running or hauling gear removed;
(c) "mobile home dealer" means a person whose business, or part of whose business, is to sell, lease or dispose of mobile homes for profit;
(d) "person", in addition to the meaning ascribed to that word in the Interpretation Act, includes association of persons and a partnership;
(e) "registered" means registered as a mobile home dealer under this Act, and "register" and "registration" have corresponding meanings; and
(f) "registrar" means the Registrar of Mobile Homes Dealers referred to in section 3.
1974 No61 s2; 1981 c4 s15 Sch C item 18;
Registrar and deputy registrar
3. (1) There shall be a Registrar and a Deputy Registrar of Mobile Home Dealers.
(2) The Registrar and the Deputy Registrar of Consumer Protection referred to in and appointed under the Consumer Protection Act shall be the Registrar and the Deputy Registrar of Mobile Home Dealers.
(3) In the absence or incapacity of the registrar, or where the office of registrar is vacant, the Deputy Registrar of Mobile Home Dealers shall perform the functions and duties, and may exercise the powers of the registrar.
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Powers and duties of registrar
4. (1) The registrar may carry out and implement the powers, functions and duties conferred upon the Registrar of Consumer Protection set out in section 4 of the Consumer Protection Act, but only where those powers, functions and duties relate to mobile homes and mobile home dealers.
(2) For the purpose of carrying out his or her powers, functions and duties under this Act, the registrar has the powers, privileges and immunities that are or may be conferred upon a commissioner under the Public Inquiries Act, including the power to take evidence under oath or affirmation, and the registrar is considered to be an investigating body for the purposes of the Public Investigations Evidence Act.
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5. (1) The minister may establish advisory committees that he or she considers necessary or desirable and appoint the members of the advisory committees.
(2) The members of the advisory committees are entitled to be paid reasonable travelling and living expenses from and to their ordinary places of residence in the course of their duties.
(3) The Lieutenant-Governor in Council may authorize the payment of a daily allowance or remuneration to some or all of the members of an advisory committee established under subsection (1).
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6. Payments required to be made by or on behalf of the Crown in carrying out this Act or the regulations shall be paid by the Minister of Finance, on the request of the minister, out of the Consolidated Revenue Fund of the province.
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7. (1) A person shall not carry on business as a mobile home dealer in the province unless he or she is registered.
(2) A person who is not registered shall not publish a statement or representation that he or she is registered.
(3) Subject to the regulations, a registered mobile home dealer shall not carry on business in a name other than the name in which that dealer is registered, or invite the public to deal at a place other than that authorized by the registration.
(4) The registration of a mobile home dealer is not transferable.
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Entitlement to registration; limitations
8. (1) An applicant for registration or renewal of registration as a mobile home dealer is entitled to be granted registration or renewal of registration except where
(a) the financial responsibility or record of past conduct of the mobile home dealer is such that it would not be in the public interest for the registration or renewal to be granted; or
(b) the applicant is or has been in contravention of this Act or the regulations.
(2) Registration may be granted subject to terms, conditions, restrictions and limitations imposed by the registrar, or that may be prescribed by regulation, but it shall be a condition of every registration that the person registered maintains within the province a place of business as a mobile home dealer satisfactory to the registrar.
(3) The registrar may by written notice to a registered mobile home dealer add to, remove or alter terms, conditions or restrictions imposed by him or her under subsection (2).
(4) A registered mobile home dealer shall comply with the terms, conditions and restrictions to which registration is subject.
1974 No61 s9Back to Top
Application for registration
9. (1) A person shall apply for registration or renewal of registration as a mobile home dealer upon a form provided by the registrar, and shall send with the application form the fees and deliver with the application or at a later date
(a) a bond in favour of the Crown for an amount, governing a period and containing conditions as to forfeiture or otherwise; and
(b) affidavits, verifying information and factual allegations contained in the form of application
as may be set out in the regulations.
(2) Subject to the time period prescribed by the regulations, a registration remains in effect until it is withdrawn by the registered person or is suspended or cancelled under this Act.
(3) The registrar shall not refuse to grant registration or renewal of registration to a mobile home dealer or cancel or suspend the registration of a mobile home dealer without giving that dealer an opportunity to be heard, where necessary, by a formal hearing in the manner prescribed by regulation.
1974 No61 s10Back to Top
Address for service
10. (1) An applicant for registration or renewal of registration shall state in the application an address for service in the province, and the address stated shall be the address at which documents may be given or served for the purposes of section 16.
(2) A registered mobile home dealer shall, within 5 days after the event, notify the registrar in writing of
(a) a change in the address for service of that person; and
(b) in the case of a corporation or a partnership, a change in its officers or members.
1974 No61 s11Back to Top
Suspension or cancellation of registration
11. The registrar may suspend or cancel the registration of a person
(a) upon a ground on which registration or renewal of registration may be refused under section 8; or
(b) where the person
(i) is failing or has failed to comply with a term, condition, restriction or limitation of registration,
(ii) has made a false, misleading or deceptive statement in the application for registration or renewal, or in an advertisement, circular, pamphlet or other statement made or published by the person relating to mobile homes, or
(iii) has been found guilty of misrepresentation, fraud or dishonesty.
1974 No61 s12Back to Top
Standards of construction and equipping
12. (1) Subject to the regulations, a mobile home dealer shall not sell, lease, exchange or dispose of, or advertise or offer to sell, lease, exchange or dispose of a mobile home which, at the time of construction and equipping of the mobile home, does not comply with the codes of standard for construction and equipping of mobile homes prescribed at that time by the Canadian Standards Association.
(2) Subject to the regulations, a contract entered into by a mobile home dealer for the sale, lease, exchange or disposal of a mobile home which is not recorded by the appropriate standards association as complying with the codes of standard for construction and equipping of mobile homes required by subsection (1), or the regulations, is voidable at the instance of the purchaser, lessee or other person who acquired the mobile home from the mobile home dealer within 1 year after the date of the contract.
(3) Upon a contract being avoided under subsection (2), the total purchase price, rent or other consideration paid to the mobile home dealer shall, upon the return of the mobile home, notwithstanding the use of the mobile home by the purchaser, lessee or other person, become instantly due by the mobile home dealer.
1974 No61 s13Back to Top
Investigation by registrar
13. (1) The registrar, or other person authorized by him or her in writing, being referred to in this section as the "investigator", may investigate and inquire into a matter, the investigation of which the minister or registrar considers expedient for the administration of this Act.
(2) The investigator may at reasonable times enter the business premises of a mobile home dealer and other persons where it is reasonably necessary to determine compliance with this Act and may demand the production of and inspect the books, documents, correspondence and records that the investigator believes on reasonable grounds are in respect of the person about whom an investigation is being made.
(3) Where the registrar believes on reasonable grounds that a person has contravened this Act or the regulations, an investigator may with a warrant issued under subsection (4) at a reasonable time enter upon the business premises of a mobile home dealer and may investigate, inquire into and examine the affairs of the person in respect of whom the investigation is being made and into books, documents, correspondence and records in relation to that person.
(4) 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 on a business premise of a mobile home dealer anything that there are reasonable grounds to believe will give evidence with respect to an offence under this Act may issue a warrant to enter and search those premises and to make inquiries and copies of books, documents, correspondence and records that are considered necessary, subject to conditions that may be specified in the warrant.
(5) The owner or person in charge of the premises referred to in this section and persons found on the premises shall give an investigator reasonable help to enable the investigator to carry out his or her duties and functions under this section and shall provide information which the investigator may reasonably require.
(6) Where an action or proceeding is taken against an investigator for anything done by that investigator under this Act or the regulations, and the court before which the action or proceeding is taken is satisfied that there was probable cause for the action of the investigator and that it was not malicious, a verdict or judgment shall not be given against that investigator.
1974 No61 s14; 1985 c11 s51Back to Top
Order of registrar
14. (1) The registrar may,
(a) after an investigation of a person under section 13; or
(b) where criminal proceedings under the Criminal Code or an offence under the law of a jurisdiction, including this Act, are or are about to be instituted against a person that may, in the opinion of the registrar, be relevant to the fitness of that person to continue in the business of mobile home dealer or to continued fitness for registration,
in writing or by telegram,
(c) direct a person having on deposit or under control or for safe-keeping assets or trust funds of the person referred to in paragraph (a) or (b), to hold those assets or trust funds; or
(d) direct the person referred to in paragraph (a) or (b) to refrain from withdrawing those assets or trust funds from another person having them on deposit, under control or for safe-keeping; or
(e) direct the person referred to in paragraph (a) or (b) to hold those assets or trust funds of clients, customers or others in his or her possession or control in trust for an interim receiver, custodian, trustee, receiver or liquidator appointed under an Act of Canada or of the province or until the registrar revokes the direction or consents to release a particular asset or trust fund from the direction,
but, in the case of a bank, loan or trust company, the direction only applies to the offices, branches or agencies named in the direction.
(2) A person to whom a direction is made under subsection (1) shall comply with that direction.
(3) Subsection (1) does not apply where the person referred to in paragraph (a) or (b) of that subsection files with the registrar a personal bond, or a bond of a guarantor, approved by the minister, in an amount sufficient to protect the beneficiary of the trust funds, or the person having right to the assets and that bond shall, where required by the minister, be accompanied by security as the minister may direct.
(4) A person in receipt of a direction given under subsection (1), who is in doubt as to the application of the direction or its intent, or a person not named in the direction, who has a claim against the assets or trust funds may apply for directions to a judge of the Trial Division who may order the disposition of those assets or trust funds and may make another order, including an order as to costs, that seems just.
1974 No61 s15; 1986 c42 Sch ABack to Top
Mobile home dealer to provide financial statements
15. Every mobile home dealer shall, when required by the registrar, file a signed financial statement showing the matters specified by the registrar, and certified by a person registered under the Public Accountancy Act.
1974 No61 s16Back to Top
Service of notices and orders
16. (1) A notice, order or other document required to be given or served under this Act or the regulations is sufficiently given or served if delivered personally or sent by registered mail addressed to the person to whom delivery or service is required to be made at the latest address for service appearing on the records of the Department of Justice.
(2) Where service is made by registered mail, the service is considered to be effected on the 3rd day after the date of mailing.
1974 No61 s17; 1981 c4 Sch C; 1984 c41 Sch C; 1989 c19 Sch BBack to Top
17. (1) Where the registrar determines that a person failed to comply with this Act, the regulations or an order or direction made under either of them, notwithstanding the imposition of a penalty in respect of that noncompliance, and in addition to other rights he or she may have, the registrar may apply to a judge of the Trial Division for an order directing that person to comply with the provision, and upon the application the judge may make an order or other direction that the judge thinks appropriate.
(2) An appeal lies to the Court of Appeal from an order or direction made under subsection (1).
1974 No61 s18; 1986 c42 Schs A&BBack to Top
Appeal to Trial Division
18. (1) A person aggrieved by a decision, order, act or direction of the registrar affecting that person, including a decision respecting registration, refusal to register or cancellation or suspension of registration may appeal from it to a judge of the Trial Division.
(2) An appeal under subsection (1) shall be made within 30 days after the date of the decision, order, act or direction complained of by filing with the Registrar of the Supreme Court a written notice of appeal and serving a copy of the notice on the registrar.
(3) A notice of appeal filed under subsection (2) shall be signed by the appellant or by his or her solicitor or agent, and shall set out the grounds of the appeal.
(4) The registrar shall produce before the judge on the hearing of the appeal all papers and documents in his or her possession affecting the matter of the appeal.
(5) The judge shall hear the appeal and the evidence brought forward before him or her by the appellant and the Crown on a date fixed by him or her, and shall decide the matter of the appeal by confirming, varying or setting aside the decision, order, act or direction forming the subject matter of the appeal, and may make other orders, including an order as to costs, that he or she considers appropriate.
1974 No61 s19; 1986 c42 Sch ABack to Top
19. The Lieutenant-Governor in Council may make regulations
(a) exempting a class of persons, or a class of mobile homes, from the application of this Act or of the regulations;
(b) governing applications for registration and renewal of registration, and prescribing terms and conditions of registration, including conditions respecting the duration, suspension and cancellation of registration or renewal;
(c) fixing the fee to be paid for registration and renewal of registration with power to exempt from payment a prescribed class of person;
(d) prescribing the amount and forms of bonds to be provided by applicants for registration and renewal of registration, the period of subsistence of those bonds, the conditions under which bonds are forfeit and the persons to whom the proceeds of bonds are payable;
(e) respecting the suspension or cancellation of registration;
(f) requiring and governing the maintenance of trust accounts by mobile home dealers or a class of them, and prescribing the money that shall be held in trust and the terms and conditions;
(g) requiring and governing the books, accounts and records to be kept by mobile home dealers or a class of them;
(h) requiring mobile home dealers or a class of them to make returns and provide prescribed information to the registrar;
(i) prescribing the information that mobile home dealers shall disclose respecting the age and history of use of a class of mobile homes;
(j) governing contracts for the purchase, sale, lease or disposal of mobile homes or a class of them, including new or used mobile homes, with power to prescribe conditions to be imposed in all those contracts, including conditions rendering those contracts void or voidable at the instance of a party to the contract, and the form of contracts;
(k) prescribing forms for the purposes of this Act and providing for their use;
(l) prescribing the matters and information required to be provided or contained in a form or return to be verified by affidavit;
(m) requiring a mobile home dealer or class of dealer to submit forms of agreement, instruments and other documents, used in the purchase, sale, lease or disposal of mobile homes to the registrar for approval;
(n) requiring the use by mobile home dealers or a class of them, of agreements, instruments and other documents that are in a form approved by the registrar and prohibiting the use by those dealers or a class of them of those agreements, instruments or documents that are not in a form approved by the registrar;
(o) prescribing standards of construction of mobile homes and equipment contained in them by adopting, with or without modification, the standards imposed by a national association inside or outside Canada, which standards shall not be lower than the standards set by the Canadian Standards Association;
(p) regulating forms of advertising by mobile home dealers, or a class of those dealers, relating to the buying or selling of mobile homes or a class of them;
(q) providing for the granting, duration, conditions and limitation of warranties issued by mobile home dealers in respect of mobile homes and equipment in the mobile homes, and prescribing the responsibilities of mobile home dealers under those warranties;
(r) prescribing the procedure to be followed at formal hearings which may be required under subsection 9(3); and
(s) generally, to give effect to the purpose of this Act.
1974 No61 s20Back to Top
20. (1) A
(a) person who contravenes this Act or the regulations or an order or direction given under this Act or the regulations, or makes a false statement in an application, form, return, account, record, statement, instrument or other document completed or made under this Act or the regulations; and
(b) director or officer of a corporation who knowingly concurs in a contravention of a matter referred to in paragraph (a)
is guilty of an offence and liable on summary conviction to a fine of not less than $500 and, in default of payment of the fine, or in addition to a fine, to imprisonment for a period not exceeding 6 months.
(2) Where a corporation is convicted of an offence under subsection (1), it is liable to a fine of not less than $2,000.
(3) Notwithstanding another Act, a prosecution under this Act or the regulations shall begin within 3 years from the date on which the offence is alleged to have been committed.
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Act may not be waived
21. This Act and the regulations apply notwithstanding an agreement or waiver to the contrary.
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Rights of seller or purchaser of mobile homes
22. The rights of a seller, purchaser, lessor or lessee of a mobile home under this Act are in addition to rights of that seller or purchaser under another Act or by the operation of law, and nothing in this Act or the regulations shall be construed to derogate from those rights.
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Certificate as evidence
23. A statement as to
(a) the registration or non-registration of a person;
(b) the filing or non-filing of a document or material required or permitted to be filed with the registrar;
(c) the time when the facts upon which the proceedings are based 1st come to the knowledge of the registrar; or
(d) other matters concerning registration, non-registration, filing or non-filing or concerning a person, document or material
purporting to be certified by the registrar is, without proof of the office or signature of the registrar, receivable in evidence, in the absence of evidence to the contrary, as proof of the facts stated in it for all purposes in an action, proceeding or prosecution under this Act.
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Act to prevail
24. Where another Act conflicts with the this Act or an order or direction given under this Act, this Act and an order or direction given under this Act shall prevail.
1974 No61 s25
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