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Законодательство Канады о блошиных рынках

Commercial Flea Markets Regulations (действующая редакция)

made under Section 8 of the
Flea Markets Regulation Act
S.N.S. 2000, c. 5
O.I.C. 2005-205 (May 27, 2005), N.S. Reg. 107/2005
Citation: Commercial Flea Markets Regulations, N.S. Reg. 107/2005
Version available as of 2006-02-17 (Last update on CanLII: 2006-02-17)
URL: http://www.canlii.org/ns/laws/regu/2005r.107/20060217/whole.html
Enabling Statute: Flea Markets Regulation Act, S.N.S. 2000, c. 5


Citation
1 These regulations may be cited as the Commercial Flea Markets Regulations.

Definitions
2 In these regulations,

(a) "Act" means the Flea Markets Regulation Act;

(b) "authorized sales representative" means an authorized sales representative of a producer, manufacturer, wholesaler, distributor or retailer of goods.

Prohibited goods
3 The following goods, whether used commercially manufactured or unused commercially manufactured, are prohibited goods:

(a) razor blades;

(b) vitamin supplements;

(c) herbal supplements;

(d) diagnostic tests;

(e) drugs;

(f) medicines, topical creams and therapeutic products;

(g) toiletry items, including

(i) skin cream,

(ii) toothpaste,

(iii) teeth whitening products,

(iv) deodorant,

(v) perfume,

(vi) cologne,

(vii) cosmetics,

(viii) hair products, and

(ix) grooming products.

Prescribed goods
4 Unused commercially manufactured goods that are not prohibited goods are prescribed goods.

Vendor information about prescribed goods
5 (1) A vendor must maintain all of the following information, to be provided in advance to the operator of a commercial flea market as required by subsection 4(3) of the Act, for prescribed goods that are sold or offered for sale by the vendor at the commercial flea market:

(a) the full name of the person from whom the vendor acquired the prescribed goods;

(b) the civic and mailing address and telephone number of the person from whom the vendor acquired the prescribed goods;

(c) a written and dated current inventory containing the quantity and description of the prescribed goods;

(d) written proof of acquisition, signed and dated by both the operator and the vendor,

(i) from the person from whom the vendor purchased the prescribed goods, if the vendor purchased the prescribed goods, showing

(A) the date of acquisition,

(B) an identification and description of the goods and the price paid for them, and

(C) that the prescribed goods were lawfully purchased by the vendor, or

(ii) if the vendor did not purchase the prescribed goods, showing

(A) the date of acquisition,

(B) an identification and description of the goods and the price paid for them, and

(C) that the prescribed goods were lawfully purchased by the person from whom the vendor acquired the prescribed goods;

(e) if the prescribed goods were not acquired from the producer, manufacturer, wholesaler, distributor or retailer of the goods, one of the following forms of identification from the person from whom the vendor acquired the prescribed goods:

(i) the identification number from the person’s valid driver’s license,

(ii) the identification number from the person’s valid passport, or

(iii) a copy of a government issued identification document that shows the person’s name, civic and mailing address and photograph.

(2) A vendor must maintain and provide to the operator of the commercial flea market at the close of business each day, a written report containing the quantity and description of the prescribed goods sold that day.

(3) A vendor must maintain the information described in subsections (1) and (2) from the time that the prescribed goods are first offered for sale by the vendor at a commercial flea market until 1 year after they are sold.

(4) If the person from whom a vendor acquires prescribed goods is a corporation, the identification information required to be maintained by the vendor under clause (1)(e) is the identification information of an officer or authorized employee of the corporation.

Proof that vendor is authorized sales representative
6 (1) A vendor who is an authorized sales representative for prohibited goods must maintain a written document that

(a) states the name, address and telephone number of the producer, manufacturer, wholesaler, distributor or retailer of the prohibited goods; and

(b) is dated and signed by an officer or authorized employee of the producer, manufacturer, wholesaler, distributor or retailer of the prohibited goods within the previous 6 months confirming that the vendor is an authorized sales representative for the prohibited goods.

(2) Before a vendor who is an authorized sales representative for prohibited goods sells or offers for sale prohibited goods at a commercial flea market, the vendor must provide to the operator of the commercial flea market the information required to be maintained under subsection (1).

(3) The vendor must maintain the information described in subsection (1) from the time that the prohibited goods are first offered for sale by the vendor at a commercial flea market until 1 year after they are sold.

Maintaining information provided to operator
7 An operator must maintain information provided to the operator under the Act and these regulations for 2 years. 



Прежние редакции/документы:

Flea Markets Regulation Act Regulations

made under Section 8 of the Flea Markets Regulation Act
S.N.S. 2000, c. 5
O.I.C. 2001-178 (April 12, 2001), N.S. Reg. 42/2001
as amended by O.I.C. 2001-232 (May 18, 2001, effective April 12, 2001), N.S. Reg. 52/2001
Citation: Flea Markets Regulation Act Regulations, N.S. Reg. 42/2001
Version available as of 2004-11-03 (Last update on CanLII: 2005-05-11)
URL: http://www.canlii.org/ns/laws/regu/2001r.42/20041103/whole.html
Enabling Statute: Flea Markets Regulation Act, S.N.S. 2000, c. 5


Citation
1 These regulations may be cited as the Flea Markets Regulation Act Regulations.

Prohibited goods
2 The following are designated as prohibited goods for the purposes of the Act:

(a) used or unused commercially manufactured razor blades, skin creams, toothpastes, deodorants, perfumes and any other toiletry items;

(b) used or unused commercially manufactured tools.

Prescribed goods
3 The following are designated as prescribed goods for the purposes of the Act:

(a) unused commercially manufactured goods, including but not limited to unused commercially manufactured clothing with a brand name label attached;

(b) used commercially manufactured

(i) pre-recorded video and audio cassettes,

(ii) compact discs,

(iii) video games,

(iv) computer software,

(v) digital video discs,

with the exception of those goods that are designated as prohibited goods under Section 2.

Vendor information
4 (1) A vendor shall maintain the following information with respect to prescribed goods that are sold or offered for sale by the vendor, and shall provide the information to the operator of the commercial flea market at which the prescribed goods are to be offered for sale:

(a) the full name of the person from whom the vendor acquired the prescribed goods;

(b) the civic and mailing address of the person from whom the vendor acquired the prescribed goods;

(c) one of the following:

(i) where the vendor purchased the prescribed goods, a copy of the sales receipt, including the purchase price, or other written proof from the person from whom the vendor purchased the prescribed goods that the prescribed goods were lawfully purchased by the vendor, or

(ii) where the vendor did not purchase the prescribed goods, a copy of the sales receipt, including the purchase price, or other written proof that the prescribed goods were lawfully purchased by the person from whom the vendor acquired the prescribed goods;

and

(d) where the prescribed goods were not acquired from the producer, manufacturer, wholesaler or retailer of the goods, an identification number from a valid driver’s license, passport or other similar piece of identification bearing a photograph of the person [the person] from whom the vendor acquired the prescribed goods.

(2) The vendor shall maintain the information described in subsection (1) from the time that the prescribed goods are first offered for sale by the vendor at a commercial flea market until 1 year after they are sold.

(3) Where the person from whom a vendor purchases prescribed goods is a corporation, the identification number required to be maintained by the vendor pursuant to clause (1)(d) shall be an identification number of an officer or employee of the corporation.

Operator information
5 An operator shall maintain information provided to the operator pursuant to the Act and these regulations for a period of one year after the goods are sold.
Section 5 added: O.I.C. 2001-232, N.S. Reg. 52/2001. 


Flea Markets Regulation Act 

CHAPTER 5 OF THE ACTS OF 2000

amended 2004, c. 6, ss. 7-10
Citation: Flea Markets Regulation Act, S.N.S. 2000, c. 5
Version available as of 2006-02-17 (Last update on CanLII: 2006-02-17)
URL: http://www.canlii.org/ns/laws/sta/2000c.5/20060217/whole.html
Enabled Regulation: Commercial Flea Markets Regulations, N.S. Reg. 107/2005


An Act Respecting the Sale of Certain Items at a Commercial Flea Market

Short title

1 This Act may be cited as the Flea Markets Regulation Act. 2000, c. 5, s. 1 .

Interpretation
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) "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 goods at a commercial flea market ;

(c) "vendor" means a person who sells or offers for sale goods at a commercial flea market. 2000, c. 5, s. 2; 2004, c. 6, s. 7.

Prohibited goods
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, distributor 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 that the vendor is an authorized sales representative of the producer, manufacturer, wholesaler, distributor or retailer of the goods . 2000, c. 5, s. 3; 2004, c. 6, s. 8 .

Duty to maintain and provide information
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. 2000, c. 5, s. 4.

Duty to maintain information
5 An operator shall maintain the information provided to the operator pursuant to this Act for the period prescribed by the regulations. 2000, c. 5, s. 5 .

Duty to peace officer
6 A vendor or operator shall, upon request, provide the information referred to in this Act to a peace officer. 2000, c. 5, s. 6 .

Access to prescribed goods
6A A vendor or operator shall, upon request, produce prescribed goods or provide access to prescribed goods to a peace officer. 2004, c. 6, s. 9.

Seizure of prescribed goods
6B Where a vendor or operator fails to provide a peace officer with information requested pursuant to Section 6 with respect to prescribed goods found at a commercial flea market or where the peace officer is satisfied on reasonable and probable grounds that the information provided is incomplete or inaccurate, the peace officer may, without laying any information or obtaining any warrant, seize and remove those goods. 2004, c. 6, s. 9.

Seizure of prohibited goods
6C Where a peace officer, finds goods at a commercial flea market that the peace officer is satisfied, on reasonable and probable 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 any information or obtaining any warrant, seize and remove those goods. 2004, c. 6, s. 9.

Application of Summary Proceedings Act
6D For greater certainty, Sections 2E to 2G of the Summary Proceedings Act apply to the seizure of goods under Section 6B or 6C. 2004, c. 6, s. 9.

Offence and penalties
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. 2000, c. 5, s. 7 .

Regulations
8 (1) The Governor in Council may make regulations

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

(aa) designating classes of prescribed goods that may be subject to different information maintenance requirements for the purpose of clauses (b) and (c);

(ab) 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);

(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. 2000, c. 5, s. 8 ; 2004, c. 6, s. 10 . 


источник публикации
The Canadian Legal Information Institute (CanLII)



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