BILL NO. 354

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
2 Charles III, 2023

 

Private Member's Bill

 

An Act Respecting Used Vehicles Sales

 

Elizabeth Smith-McCrossin
Cumberland North

First Reading: October 18, 2023

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 amends the Motor Vehicle Act to require a passing motor vehicle inspection within the six months prior to the sale of a used motor vehicle.

Clauses 2 and 3 amend the Revenue Act to eliminate the collection of tax on the sale of used personal vehicles already registered in the Province between private parties.

Clause 4 amends the Sales Tax Act to provide a rebate for sales tax collected on the sale of used personal vehicles already registered in the Province by dealers.

Clause 5 requires that the money required for the purpose of this Act must be paid out of the money appropriated for that purpose by the Legislature.

An Act Respecting
Used Vehicles Sales

Be it enacted by the Governor and Assembly as follows:

1 Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by adding immediately after Section 23 the following Section:

23A (1) The owner of a vehicle that, if sold, would be a used vehicle shall obtain a passing inspection under Section 201 within the six months prior to selling the vehicle.

(2) Subject to subsection (3), the Department shall not register a vehicle if the vehicle was sold contrary to subsection (1).

(3) This Section does not apply to

(a) the transfer by the operation of law of the title or interest of an owner in and to a vehicle by reason of the bankruptcy of the owner, execution sale, repossession upon default in performing the terms of a conditional sale agreement or otherwise;

(b) the transfer of a vehicle from a dealer to another dealer;

(c) the transfer of a vehicle by way of gift;

(d) the transfer of a vehicle of a deceased registered owner; or

(e) the transfer of a salvage vehicle, within the meaning of Section 99A.

2 Subsection 15(6) of Chapter 17 of the Acts of 1995-96, the Revenue Act, is amended by adding "not registered in the Province” immediately after "vehicle” in the first line.

3 Subsection 25(1) of Chapter 17 is amended by adding immediately after clause (w) the following clause:

(wa) used personal vehicles registered in the Province, as defined in the regulations;

4 Section 12J of Chapter 31 of the Acts of 1996, the Sales Tax Act, as enacted by Chapter 3 of the Acts of 2013, is amended by

(a) striking out "or” at the end of subclause (n)(vii);

(b) striking out the semicolon at the end of subclause (n)(viii) and substituting ", or”;

(c) adding immediately after subclause (n)(viii) the following subclause:

(ix) a used personal vehicle registered in the Province;

and

(d) adding immediately after clause (r) the following clause:

(s) "used personal vehicle” means a passenger motor vehicle that has been
(i) transferred from the person who first acquired the motor vehicle from its manufacturer or importer or an agent of its manufacturer or importer, and

(ii) used as to have become what is commonly known as "second hand” within the ordinary meaning thereof

5 The money required for the purpose of this Act must be paid out of money appropriated for that purpose by the Legislature.

 

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