1970 Bill 48 Third Session, 16th Legislature, 19 Elizabeth II THE LEGISLATIVE ASSEMBLY ~AIs:8~R'¥k BILL 48

An Act to amend The Sale of Chaffels by Public Auction Act THE MINISTER OF INDUSTRY AND TOURISM First Reading ............................. . Second Reading ................ . Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 48 1970

An Act to amend The Sale of Cattels by Public Auction Act (Assented to , 1970) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Sale of Chattels by Public Auction Act is hereby amended.

Section 2 is amended by adding the following clauses: (c) "auctioneer" means an individual who conducts the bidding at a sale by public auction of goods or chattels; (d) "auction sales company" means an individual, firm or corporation that holds a sale by public auction of goods or chattels.

Section 4 is struck out and the following

section is substituted: 4.

(1) No person shall (

a) carryon a business of holding sales by public auction of goods or chattels, or (

b) hold a sale by public auction of goods or chattels, or (

c) offer for sale by public auction any goods or chat­ tels, or (

d) hold himself out as carrying on a business of hold­ ing sales by public auction of goods or chattels, or (

e) advertise a sale by public auction of goods or chat- tels, unless he is the holder of an auction sales business licence or an auctioneer's licence issued under this Act and the licence is not under suspension.

Explanatory Notes l. This Bill amends

chapter 294 of the Revised Statutes of Albert.a. 2. New

definitions added.

Section 4 presently reads: 4. No person shall within the Province offer for sale by public auction any go-ods or -chattels or engage in the business of an auctioneer of goods or chattels or hold himself out as an auctioneer at any time (

a) when he is not the holder of a subsisting licence as an auctioneer issued pursuant to this Act, or (

b) after -the bond delivered to the Minister pursuant to

section 6 or 7 is cancelled. The new

section 4 requires an auction business licence for anyone who carries on the auction sales business and an auctioneer's licence for an individual who actually conducts the bidding at an auction sale. The other amendments to the Act in this Bill are a result of this change.

(2) No person shall conduct the bidding at a sale by public auction of goods or chattels unless he is the holder of an auctioneer's licence issued under this Act.

(3) No person shall act as an auctioneer at a sale by public auction of goods or chattels on behalf of an auction sales company unless the auction sales company holding the sale is the holder of an auction sales business licence.

(4) No auction sales company shall (

a) authorize, permit or direct any of its employees, or (

b) engage, permit or authorize any other individual, to conduct the bidding at a sale by public auction of goods or chattels held by the auction sales company unless the employee or individual is the holder of an auctioneer's licence issued under this Act.

(5) For the purposes of this Act, an individual who is the holder of an auctioneer's licence shall be deemed to be the holder of an auction sales business licence.

Section 5 is amended (

a) by striking out subsection (1) and by substituting the following subsection: 5.

(1) The Minister may issue (

a) an auction sales business licence to an in- dividual, firm or corporation, or (

b) an auctioneer's licence to an individual, upon application in a form prescribed by the Min­ ister, upon payment of the fee for the licence pre­ scribed by the regulations and upon compliance with

section 6. (

b) as to subsection (3) by striking out the words "an auctioneer" and by substituting the words "holding sales by public auction of goods and chattels".

Section 6 is amended (

a) as to subsection (1), by striking out the words "the person to whom he is employed as an auctioneer" and by substituting the words "the person by whom he is engaged to hold a sale by public auction", (

b) as to subsections (2) and (3), by striking out the word "auctioneer" wherever it occurs and by sub­ stituting the words "auction sales company".

Section 10 is amended by adding at the end of the sec­ tion the words "and shall announce the name of the auction sales company holding the sale and his own auctioneer's licence number". 2

Section 5, subsections (1) and (3) presently read: 5.

(1) Upon application being made for a licence in such form and setting forth such information as may be prescribed by the Minister, and on payment of the fee f"r the licence. the Minister may issue a licence authorizing the person n2,med therein to sell by public auction goods and chattels at any place in the Province.

(3) A licensee who ceases to carryon the business of an auctioneer shall send a notice in writing of the same to the Minister by registered mail, and return his licence with the notice.

Section 6 relates to the requirement for bonds by licencees.

Section 10 presently reads: 10. At the commencement of a sale by public auction, or if a sale is adjourned, at the recommencement of the sale, and before any goods or chattels are offered for sale by public auction, the auctioneer shall read the conditions .of sale or cause them to be read.

7. S(~etj ()n 11 is struck out and the following

section sub­ Htiiuted: t 1. :\0 goods or chattels purchased at a sale by public auction shall be removed from the place at which the sale iH held unlesg the purchase price of the goods or chattels has been paid to the auctioneer or auction sales company, or other arrangements satisfactory to the auction sales comp­ any have been made for the payment of the purchase price.

Section 12 is amended by adding after the word "auctioneer" the words "or auction sales company holding the sale".

Section 13 is struck out and the following

section substituted: 13. No auction sales company shall hold a sale by public auction of goods or chattels unless the company is then in possession of the statutory declaration or statement or writing required by

section 12. :10.

Section 14 is amended (

a) as to the portion of the

section preceding clause (

a) by striking out the word "auctioneer" and by substituting the words "auction sales company", (

b) by striking out clause (

d) and by substituting the following clause: (

d) cause to be printed (

i) on each auction sale bill, and (ii) on each notice of sale and advertisement relating to his business as an auction sales company, a statelnent showing that he is the holder of an auction sales business licence and giving the number of the licence, and

Section 14a, subsection (1) is amended by striking out the word "auctioneer" and by substituting the words "auction sales company".

Section 16 is amended (

a) as to subsection (1), clause (b), by striking out subclause (

i) and by substituting the following subclause: (

i) the fees payable for licences issued under this Act, and 3

Section 11 presently reads: 11. No goods or chatteIs purchased at a sale by public auction shall be removed from the place at which the sale is held unless the purchase price of the goods or ch81ttels has been paid to the auctioneer, or other arrangements satisfactory to the aucUoneer haye been made for the payment of the purchase price.

Section 12 presently reads: 12. A person who ,causes goods and chattels to be offered for sale by auction shall before the sale is held deliver to the auctioneer, (

a) if the goods and chattels are in excess of $10 in value, a Rtatuton' declaration, and (

b) in other cases a statement in writing, made or signed by him or by some other person authorized by him and who has knowledge of the facts, setting out whether or not any of the goods and chattels offered for sale are subject to a mortgage, charge, lien or encumbrance, and if so, the full particulars thereof.

Section 13 presently reads: 13. No auctioneer shall offer goods or chattels for sale by auction unless he has then in his possession a statutory declaration or a statement in writing as provided for in

section 12.

Section 14, clause (

d) presently reads: 14, An auctioneer shall (

d) cause a statement to be printed (

i) on each auction sale bill, and (ii) on each notice of sale and advertisement relating to his business as an auctioneer, which shall affirm that he is a licensed auc-tioneer and give the number of his licence, and II.

Section 14a, subsection (1) presently reads: 14a.

(1) An auctioneer shall place all moneys received on account of a sale made by him into an account kept for that purpose in a bank, treasury branch, trust company ·or other institution recognized under the law of Alberta.

Section 16, subsection (1), clause (b), subclause (

i) and clause (

e) and subsection (2) presently read: 16.

(1) The Minister with the approval of the Lieutenant Governor in Council may make regulations (

b) prescribing (

i) the fee payable for an auctioneer's licence, and (

e) go·verning any other matter or thing relating to auctioneers or public auctions that he deems necessary, advisabe or expedient (1) to carry out the provisions of this Act according to their true intent, or (ii) to facilitate the efficient administration thereof.

(2) A regulation made pursuant to this

section shall be published in The Alberta Gazette, and upon being published has the same force and effect as if enacted in this Act. Subsection (2) is removed as being largely redundant to The Regulations Act. 3

(

b) as to subsection (1), clause (e), by adding after the word "auctioneers" the words "auction sales companies" , (

c) by striking out subsection (2).

Section 17 is amended by adding the words "an auction sales company or" before the words "an auctioneer", 14. This Act comes into force on July 1, 1970.

Section 17 presently reads: 17. No provision of The Licensing of Trades and Businesses Ad applies to the business of an auctioneer of g·oods or chattels. Title: 1970 (16th, 3rd) Bill 48,

An Act to amend The Sale of Chattels by Public Auction Act