BILL NO. 30

(as amended)

1st Session, 58th General Assembly
Nova Scotia
49 Elizabeth II, 2000

Government Bill

Flea Markets Regulation Act

CHAPTER 5 OF THE ACTS OF 2000

The Honourable Michael G. Baker
Minister of Justice

First Reading: March 28, 2000

Second Reading: April 3, 2000

Third Reading: June 8, 2000 (WITH COMMITTEE AMENDMENTS)

Royal Assent: June 8, 2000

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Flea Markets Regulation Act.

2 In this Act,

(a) "commercial flea market" means a flea market the operator of which is required, pursuant to the Revenue Act, to remit a portion of the fee charged for each table, selling space or facility to the Minister of Finance and includes an operation designated as a commercial flea market by regulation, but does not include a flea market operated by a body organized and operated exclusively for religious, educational, charitable or non-profit purposes;

(b) "operator" means a person who leases or rents or otherwise provides a table, selling space or facility to a person for the purpose of conducting sales of tangible personal property subject to tax under Part II of the Revenue Act;

(c) "vendor" means a person who sells or offers for sale goods at a commercial flea market.

3 (1) No operator shall operate a commercial flea market at which are sold or offered for sale goods designated by the regulations as prohibited goods.

(2) No vendor shall sell or offer for sale at a commercial 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 or retailer of the goods and where the vendor provides to the operator, prior to the sale or offering for sale at a commercial flea market, proof of such acquisition.

4 (1) No vendor shall sell or offer for sale at a commercial 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 pursuant to subsection (2).

(4) No operator shall 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 pursuant to this Section has been provided to the operator.

(5) No vendor or operator shall falsify, obliterate or destroy the information required to be maintained pursuant to this Section.

5 An operator shall maintain the information provided to the operator pursuant to this Act for the period prescribed by the regulations.

6 A vendor or operator shall, upon request, provide the information referred to in this Act to a peace officer.

7 A person who violates a provision of this Act is guilty of an offence and liable on conviction to the penalties provided for in the Summary Proceedings Act.

8 (1) The Governor in Council may make regulations

(a) designating prohibited and prescribed goods for the purpose of this Act;

(b) prescribing the information required to be maintained by a vendor pursuant to this Act and the period for which the information is to be maintained;

(c) prescribing the period for which an operator is required to maintain information provided to the operator pursuant to this Act;

(d) designating operations or a class of operations as a commercial flea market for the purpose of this Act;

(e) exempting operators or a class of operators from the requirements of subsections 4(3) and (4) and Sections 5 and 6;

(f) re-defining or further defining any word or expression defined in this Act;

(g) defining any word or expression used but not defined in this Act;

(h) to carry out effectively the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.