Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 38

AN ACT RESPECTING THE SALE OF CERTAIN ITEMS

AT A FLEA MARKET

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

THOMAS W. MARSHALL , QC

Minister of Justice and Attorney General

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 BILL

AN ACT RESPECTING THE SALE OF CERTAIN

ITEMS AT A FLEA MARKET

Analysis

Short title

Definitions

Prohibited goods

Duty to maintain and provide information

Duty to maintain information

Duty to peace officer

Access to prescribed goods

Seizure of prescribed goods

Seizure of prohibited goods

Offence and penalties

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

(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

(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) e xempting

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.

Earl

G. Tucker, Queen's Printer