Used Vehicle Sales Disclosure Act
BILL NO. 172
2nd Session, 60th General Assembly
57 Elizabeth II, 2008
Private Member's Bill
Used Vehicle Sales Disclosure Act
Cole Harbour-Eastern Passage
First Reading: May 14, 2008
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Used Vehicle Sales Disclosure Act.
2 In this Act,
(a) "dealer" means a person who carries on or conducts, either for the whole or part of that person's time, the business of buying, selling or dealing in motor vehicles;
(b) "lemon" means a motor vehicle that was returned to the manufacturer under the laws of another jurisdiction because
(i) it did not conform to the manufacturer's warranty, and
(ii) it had defects or conditions that substantially impaired its use, value or safety and that were not repaired within a reasonable time period or after a reasonable number of attempts;
(c) "motor vehicle" has the same meaning as in the Motor Vehicle Act;
(d) "non-repairable" with respect to a motor vehicle means damaged in an accident to the extent that it cannot be safely repaired;
(e) "rebuilt" with respect to a motor vehicle means previously marked or registered by the Registry of Motor Vehicles as salvage and having undergone body or structural repair to meet safety standards and passed the required motor vehicle inspection;
(f) "salvage" means a motor vehicle that has been damaged in an accident to the extent that it does not meet safety standards;
(g) "stolen" means listed as stolen on a police database that is publicly accessible through the Registry of Motor Vehicles.
3 No dealer shall sell or otherwise convey a motor vehicle that
(a) is a lemon; or
(b) is marked or registered by the Registry of Motor Vehicles as rebuilt or salvage,
unless the dealer has notified the purchaser of the fact of such fact, marking or registration, as the case may be, in advance of the sale or conveyance.
4 No dealer shall sell or otherwise convey a motor vehicle irrevocably marked or registered as non-repairable by the Registry of Motor Vehicles without notice to the purchaser in writing prior to sale or conveyance, which notice must include a clear statement that the motor vehicle cannot be driven on the roads and its marking or registration cannot be subsequently upgraded.
5 No dealer shall sell or otherwise convey a motor vehicle that is stolen.
6 (1) Every person who contravenes this Act is liable on summary conviction to a fine of not less than one thousand dollars for a first offence and not less than five thousand dollars for a second or subsequent offence.
(2) In addition to any fine imposed pursuant to subsection (1), the court may order the offender to pay restitution to the purchaser of the motor vehicle in question in an amount up to the purchase price.
7 (1) The Governor in Council may make regulations respecting any matter or thing that the Governor in Council considers necessary or advisable to carry out the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority set out in subsection (1) is regulations within the meaning of the Regulations Act.
8 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
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