BILL NO. 148

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
57 Elizabeth II, 2008

Government Bill

Scrap Metal Dealers and Recyclers Act

The Honourable Cecil P. Clarke
Minister of Justice

First Reading: May 2, 2008

Second Reading:

Third Reading:

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Scrap Metal Dealers and Recyclers Act.

2 In this Act,

(a) "local law enforcement agency" means the police department providing policing services for the municipality in which a transaction occurs to which this Act applies;

(b) "prescribed identification" means identification prescribed in the regulations;

(c) "prescribed information" means the information prescribed in the regulations;

(d) "Provincial Court" means the Provincial Court of Nova Scotia;

(e) "record" means a book, paper, document or notebook, whether in electronic form or otherwise, that may contain information respecting the business of a scrap metal dealer or recycler;

(f) "scrap metal" means new or used items substantially made of aluminum, brass bronze, copper, stainless steel, steel, tin or other metal prescribed by the regulations;

(g) "scrap metal dealer or recycler" mean a person engaged in the business of purchasing, trading, bartering or otherwise receiving scrap metal and includes employees of that person;

(h) "utility grade scrap metal" means scrap metal classified as utility grade scrap metal by the regulations.

3 (1) Before purchasing or receiving scrap metal a scrap metal dealer or recycler shall

(a) confirm the identity of the person who is selling the scrap metal by reference to prescribed identification provided by that person; and

(b) obtain and record all prescribed information respecting the transaction.

(2) A scrap metal dealer or recycler shall inform a person entering into a transaction that the information obtained is being collected and may be provided to a peace officer or the local law enforcement agency.

(3) A person who sells scrap metal to a scrap metal dealer or recycler and provides the prescribed information is deemed to consent to the transfer of the prescribed information to a peace officer or the local law enforcement agency.

(4) Where a person seeking to enter into a transaction refuses to or is unable to provide the prescribed identification or prescribed information required pursuant to subsection (1), the scrap metal dealer or recycler shall not complete the transaction or purchase.

(5) A scrap metal dealer or recycler shall maintain the prescribed information obtained pursuant to subsection (1) for one year after the transaction.

(6) Within twenty-four hours of purchasing or receiving scrap metal of a weight that is greater than a weight prescribed in the regulations or utility grade scrap metal, a scrap metal dealer or recycler shall provide the prescribed information collected under subsection (1) to the local law enforcement agency.

(7) For the purpose of calculating the weight of scrap metal received or purchased for the purpose of subsection (5), any transaction or series of transactions with the same individual during a seven day period is deemed to be one transaction.

4 No scrap metal dealer or recycler shall purchase or receive scrap metal from any person who

(a) is or appears to be under the influence of alcohol or drugs; or

(b) fails to identify himself or herself as required by Section 3.

5 (1) A peace officer may conduct an investigation or inquiry with respect to any matter that the peace officer considers necessary respecting

(a) the administration of this Act or the regulations;

(b) a scrap metal dealer or recycler who is subject to this Act;

(c) a transaction or purchase that is subject to this Act.

(2) For the purpose of an investigation or inquiry pursuant to this Section, a peace officer may, at any reasonable time, inquire into and examine

(a) the business affairs of the person being investigated or inquired about;

(b) any record of the person with respect to whom the investigation or inquiry is being made and any payments to, by or on behalf of, in relation to or in connection with that person; and

(c) any property or assets of, or belongings owned, acquired or alienated in whole or in part by, the person with respect to whom the investigation or inquiry is being made or by any person acting on behalf of or as agent for that person.

(3) A person with respect to whom an investigation or inquiry is being made shall promptly provide detailed answers to the peace officer with respect to all inquiries pertaining to the investigation or inquiry made pursuant to this Section.

6 (1) A peace officer may, at any reasonable time, demand the production of or inspect any record of a person with respect to whom an investigation or inquiry is being made, and any person who has the custody, possession or control of that record shall produce it and permit inspection of it by the peace officer.

(2) Upon demand by a peace officer, a scrap metal dealer or recycler shall present to the peace officer for view any scrap metal demanded that has come into possession of the scrap metal dealer or recycler in the course of business and that remains in his or her possession.

7 (1) Where a record has been examined or inspected pursuant to Section 5 or 6, a peace officer may make copies of that record.

(2) A copy of a record certified by a peace officer to be a copy made pursuant to this Section

(a) is admissible in evidence without proof of the office or signature of the person purporting to have signed the certificate; and

(b) has the same probative force as the original record.

(3) A peace officer shall ensure that, after copies of any records examined pursuant to Section 5 or inspected pursuant to Section 6 are made, the originals are promptly returned to the person from whom they were obtained.

8 (1) Where a person refuses to allow or interferes with an entry or inspection described in Section 5 or 6, a peace officer may apply to a justice of the peace or a Provincial Court judge for a warrant authorizing a person named in the warrant to

(a) enter the land or building and carry out the inspection authorized or required by this Act; and

(b) search for and seize anything relevant to the subject-matter of the warrant.

(2) On an application pursuant to subsection (1), the justice of the peace or Provincial Court judge, as the case may be, may issue the warrant sought on any terms and conditions that the justice of the peace or Provincial Court judge considers appropriate.

9 (1) In this Section, "personal information" means personal information as defined in the Freedom of Information and Protection of Privacy Act.

(2) A peace officer or any employee of a local law enforcement agency shall keep confidential all personal information received by him or her pursuant to this Act, except as required for the performance of policing services as authorized by the Police Act.

10 (1) No action lies against a peace officer or any employee of a local law enforcement agency, where that person is acting pursuant to the authority of this Act or the regulations, for anything in good faith done, caused or permitted or authorized to be done, attempted to be done or omitted to be done by that person or by any of those persons pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the regulations or in the carrying out or supposed carrying out of any order made pursuant to this Act or any duty imposed by this Act or the regulations.

(2) No action lies against a scrap metal dealer or recycler for the disclosure of any information or record pursuant to this Act or the regulations if such disclosure is made in good faith for the purpose of this Act.

11 (1) Every person who contravenes this Act or the regulations is guilty of an offence and liable on summary conviction to

(a) for a first offence

(i) in the case of an individual, a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year, or to both,

(ii) in the case of a corporation, a fine not exceeding fifteen thousand dollars; and

(b) in the case of a second or subsequent offence

(i) in the case of an individual, a fine not exceeding fifteen thousand dollars or to imprisonment for a term not exceeding one year, or to both,

(ii) in the case of a corporation, a fine not exceeding fifty thousand dollars.

(2) Where a corporation commits an offence under this Act or the regulations, any director, officer or agent of a corporation who directed, authorized or assented to, acquiesced in or participated in an act or omission that constitutes an offence by the corporation is guilty of that offence and is liable on summary conviction to the penalties provided for the offence whether or not the corporation has been prosecuted or convicted.

(3) In a prosecution for an offence under this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused.

(4) Unless otherwise provided in this Act, no person may be convicted of an offence under this Act or the regulations if the person establishes that the person exercised all due diligence to prevent the commission of the offence.

(5) Where an offence under this Act or the regulations is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

12 (1) The Governor in Council may make regulations

(a) prescribing types of identification that are acceptable for confirming the identity of persons selling or providing scrap metal for the purpose of this Act;

(b) prescribing the information that must be obtained by a scrap metal dealer or recycler from a person selling or providing scrap metal and recorded by the scrap metal dealer or recycler;

(c) respecting the manner in which prescribed information is to be recorded and maintained by scrap metal dealers or recyclers;

(d) prescribing materials as scrap metal for the purpose of this Act;

(e) prescribing a weight for the purpose of subsection 3(6);

(f) classifying a type, form, grade, gauge or quantity of scrap metal as utility grade scrap metal for the purpose of this Act;

(g) prescribing conditions that a person selling or providing scrap metal must meet before a scrap metal dealer or recycler may purchase or receive the scrap metal;

(h) exempting any transaction or person or any class of persons from all or any provision of this Act and prescribing any circumstance in which all or any provision of this Act does not apply;

(i) for the purpose of Section 3, prescribing

(i) additional information that must be obtained and recorded with respect to a transaction or purchase and the manner of recording that information,

(ii) the manner in which recorded information must be provided to a local law enforcement agency, peace officer or other persons,

(iii) the timing or frequency of the provision of recorded information to a local law enforcement agency, peace officer or other person;

(j) exempting any person or class of persons from the application of this Act or any provision of this Act;

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

(l) prescribing any matter or thing required or authorized by this Act to be prescribed in the regulations;

(m) respecting any matter or thing the Governor in Council considers necessary or advisable 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.

13 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.