CHAPTER 5
OF THE
ACTS OF 2000
Short title
1 This Act may be cited as the Flea Markets Regulation Act. 2000, c. 5, s. 1 .
(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.
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 .
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.
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 .
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 .
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.
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.
6C Where a peace officer, finds goods at a commercial flea market that the peace officer is satisfied, on reasonable and probable grounds, are
(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.
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.
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 .
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 .
