Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
RSNL1990 cH-3
as amended
1. Sections 16.2 to 27 of the Highway Traffic Act are repealed and the following substituted:
Application for
licence
17. (1)
An application for a licence to carry on business as a dealer shall be made to
the registrar in writing and in the form and manner set by the registrar.
(2) The registrar may issue a licence to carry on
business as a dealer to a person who
(a) submits an application in the form and manner
set by the registrar;
(b) pays the fee set by the minister;
(c) provides a certificate of conduct from the
Royal Newfoundland Constabulary or a certified criminal records check from the
Royal Canadian Mounted Police;
(d) submits security in the
form and amount prescribed in the regulations; and
(e) provides the documents and
other information prescribed in the regulations.
(3) Notwithstanding subsection (2), where the
person applying for a licence to carry on business as a dealer is a
corporation, the registrar may issue a licence to the corporation where the
corporation
(a) submits an application in the form and manner
set by the registrar;
(b) pays the fee set by the minister;
(c) provides a certificate of conduct from the
Royal Newfoundland Constabulary or a certified criminal records check from the
Royal Canadian Mounted Police for each director and officer of the corporation;
(d) provides a current Certificate of Good
Standing from the Registry of Companies;
(e) submits security in the
form and amount prescribed in the regulations; and
(f) provides the documents and
other information prescribed in the regulations.
Licence
18. (1)
A licence issued under section 17
(a) is subject to the terms and conditions imposed
by the registrar, this Act and the regulations;
(b) is not transferrable; and
(c) remains in effect, subject to the submitting
of the documents and information prescribed in subsection (2) and the payment
of an annual fee set by the minister, until suspended or cancelled by the
registrar.
(2) Each year before the anniversary date of the
issuance of a licence to a dealer, the dealer shall
(a) pay the fee set by the minister; and
(b) provide the following to the registrar:
(i) proof that the security referred to in
paragraph 17(2)(d) or 17(3)(e) is still valid,
(ii) a current Certificate of Good Standing from
the Registry of Companies, where the dealer is a corporation, and
(iii) the documents or other information prescribed
in the regulations.
(3) In addition to the documents referred to in
paragraph (2)(b), a dealer shall, where requested by the registrar, provide
(a) a certificate of conduct from the Royal
Newfoundland Constabulary or a certified criminal records check from the Royal
Canadian Mounted Police; or
(b) where the dealer is a corporation, a
certificate of conduct from the Royal Newfoundland Constabulary or a certified
criminal records check from the Royal Canadian Mounted Police for each director
and officer of the corporation.
Duties of dealer
19. A
dealer licensed under section 17 shall
(a) prepare, maintain and keep records in
accordance with the regulations;
(b) disclose to a purchaser the information
prescribed in the regulations before selling a vehicle to a purchaser;
(c) ensure that a second hand vehicle is inspected
by an official inspection station and that a vehicle inspection certificate is obtained from the official inspection station
before selling a second hand vehicle to a person other than another dealer;
(d) store and use identification plates and dealer
plates in accordance with this Act and the regulations;
(e) pay all outstanding fines, including a fine
under the Criminal Code payable to the Crown or a late payment penalty, within
the time allowed for payment; and
(f) comply with this Act, the regulations and any
terms, conditions and requirements that may be prescribed by the registrar.
Issuance of temporary
registration, identification plates and markers
20. The
registrar may, in accordance with the regulations, authorize a dealer to issue to
an owner of a motor vehicle one or more of the following:
(a) a temporary registration;
(b) an identification plate; or
(c) a marker.
Dealer plates
21. (1) The
registrar may, in accordance with the regulations, issue dealer plates to a
dealer to be attached to vehicles owned or operated by the dealer.
(2) A dealer plate may, during the period for
which it is issued, be transferred from a vehicle to another vehicle owned or
operated by the dealer to whom the dealer plate was issued.
(3) A vehicle shall not be operated with a dealer
plate attached except
(a) by the dealer or an employee of the dealer; or
(b) for a period not exceeding 3 consecutive days
by a person to whom the vehicle has been loaned by the dealer for demonstration
purposes with a view to the sale of the vehicle to that person.
(4) A dealer shall not attach, or permit to be
attached, a dealer plate to a vehicle that is used
(a) for the carriage of persons or goods for
compensation;
(b) for private use or hire; or
(c) as a service vehicle.
(5) Where a licence is suspended or cancelled under
section 24, the dealer shall return to the registrar all dealer plates issued
to the dealer and all identification plates and markers provided to the dealer.
Audit
22. The
registrar may conduct an audit of a dealer in relation to
(a) the dealer's inventory of dealer plates, identification
plates and markers;
(b) the temporary registrations issued by the
dealer and the monies collected for those registrations; and
(c) records required to be kept by a dealer.
Prohibition
23. (1)
A person shall not carry on business as a dealer unless he or she is licensed
under this Act.
(2) A dealer shall not carry on business in a name
other than the name in which the licence is issued.
(3) A dealer shall not operate, or permit to be
operated, a vehicle owned by the dealer on a highway unless the vehicle
(a) is registered to the dealer; or
(b) has a dealer plate issued to the dealer
attached to the vehicle.
Suspension or
cancellation of licence
24. (1)
The registrar may suspend or cancel a licence where the registrar is satisfied
that the person to whom the licence was issued
(a) violated a term or condition of the licence;
(b) made a material misrepresentation in the
application for a licence or in the documents or information submitted to the
registrar under section 17 or 18;
(c) contravened a provision of sections 17 to 23; or
(d) contravened the regulations made under
paragraphs 186(1)(f.1) to (f.8).
(2) Where the registrar suspends or cancels a
licence, the registrar shall give written notice of the suspension or
cancellation in writing to the person to whom the licence was issued.
Inspectors
25. The
minister may appoint a person or category of persons to act as inspectors for
the purposes of this Act and the regulations.
Inspections
26. (1) An
inspector may, at all reasonable times and without a warrant, for a purpose
related to the administration or enforcement of sections 17 to 23 of this Act
or the regulations enacted under paragraphs 186(1)(f.1) to (f.8), inspect or examine the premises, property, books
and records of a dealer or person that the inspector considers relevant for the
purpose of determining compliance with sections 17 to 23 of this Act or the
regulations enacted under paragraphs 186(1)(f.1) to (f.8) and the inspector may
do one or more of the following:
(a) enter a premises where
(i) any property, books or records relating to a
dealer are or may be kept, or
(ii) anything is done or is suspected by the
inspector of being done in connection with a requirement of sections 17 to 23 of
this Act or the regulations enacted under paragraphs 186(1)(f.1) to (f.8);
(b) make copies, extracts, photographs or videos
the inspector considers necessary;
(c) require the dealer or the owner or person in
charge of a premises or their employees to
(i) give the inspector all reasonable assistance,
including the production of property, books and records as requested by the
inspector, and to answer all questions relating to the administration,
compliance or enforcement of sections 17 to 23 of this Act and the regulations
enacted under paragraphs 186(1)(f.1) to (f.8) and, for that purpose, require a
person to attend at the premises with the inspector; and
(ii) make available the means to generate and
manipulate books and records that are in machine readable or electronic form
and any other means or information necessary for the inspector to assess the
books and records.
(2) Notwithstanding subsection (1), an inspector appointed
under this Act shall not enter a dwelling-house without the consent of the
occupant except under the authority of a warrant.
(3) A person shall not knowingly make a false or
misleading statement, either orally or in writing, to the inspector while the
inspector is exercising powers or carrying out duties or functions under this
Act or the regulations.
Warrants
27. (1) Where
an inspector under this Act
(a) is denied entry to a premises or
dwelling-house to carry out an inspection; or
(b) believes on reasonable and probable grounds
that there has been a contravention of sections 17 to 23 of this Act or the
regulations enacted under paragraphs 186(1)(f.1) to (f.8),
the inspector may file an application with
the Provincial Court for a warrant.
(2) Where a Provincial Court judge is satisfied on
the basis of an inspector's sworn information that there are reasonable grounds
to believe that the inspector has been denied entry to a premises or
dwelling-house to carry out an inspection or there has been a contravention of sections
17 to 23 of this Act or the regulations enacted under paragraphs 186(1)(f.1) to
(f.8), the judge may issue a warrant authorizing the inspector to do one or
both of the following:
(a) enter the premises or dwelling-house and carry
out an inspection under this Act; or
(b) seize or remove any of the property, books or
records that may be required as evidence of contravention and may retain those
documents until the time they are required in a court proceeding.
(3) A Provincial Court judge may receive and
consider an application for a warrant or extension of a warrant without notice
to the dealer or the owner or person in charge of the premises or
dwelling-house.
(4) A dealer or an owner or a person in charge of
a premises and their employees, or an occupant of a dwelling-house shall not
obstruct an inspector while the inspector is exercising the powers and
performing the duties and functions as authorized by the warrant.
(5) At the request of an inspector, a peace
officer shall assist in enforcing a warrant.
Telewarrants
27.1 (1) Where
in the opinion of an inspector it would not be practical to appear before a
Provincial Court judge to apply for a warrant, the inspector may make the
application by telephone or other means of telecommunication.
(2) Where the information
in support of an application for a warrant is submitted by telephone or other
means of telecommunication, the information shall be given under oath or
affirmation, and the oath or affirmation may be administered by telephone or
other means of telecommunication.
(3) The information
submitted by telephone or other means of telecommunication shall include
(a) a statement of the circumstances that make it
impracticable for the inspector to appear personally before a Provincial Court
judge; and
(b) a statement of the inspector's grounds for
believing that a person has contravened this Act or the regulations or that
entry onto public or private premises where a contravention of this Act or the
regulations is believed to occur has been denied.
(4) The sworn or affirmed
information submitted by telephone or other means of telecommunication by an
inspector shall specify the name of the person giving evidence, the facts
ascertained and the manner and location in which evidence was received, and a
record of that information shall be filed by the Provincial Court judge with
the clerk of the court over which the judge presides.
(5) Where an inspector
acts under the authority of a warrant obtained under this section, he or she
shall provide a facsimile of the warrant to the dealer or the owner or employee
of the premises or the owner or occupant of the dwelling house at the time the
warrant is carried out.
(6) In subsection (5),
"facsimile" includes a record produced by electronic means or a
written record of a telephone conversation made by both parties to the
conversation while it is in progress and which the parties have confirmed as to
its accuracy by reading their record of the conversation to one another at the
end of the conversation.
2. (1) Paragraph 186(1)(f.1) of the Act is repealed
and the following substituted:
(f.1) prescribing the information and documentation
to be provided with an application for a licence to carry on business as a
dealer;
(f.2) respecting security, including the forfeiture
of the security and the disposition of proceeds;
(f.3) respecting terms and conditions of licences
issued to a dealer;
(f.4) respecting records to be kept by a dealer;
(f.5) respecting information that a dealer is
required to provide to a person purchasing a vehicle;
(f.6) respecting the issuance, storage and use of identification
plates, markers and dealer plates;
(f.7) respecting the collection and remission of
fees for dealer plates, identification plates, markers and temporary
registrations;
(f.8) respecting audits of dealers;
(2) Section 186 of the Act is amended by adding
immediately after subsection (3) the following:
(4) The Lieutenant-Governor in Council may, in a
regulation made under subsection (1), prescribe penalties, in addition to the
penalties prescribed by this Act, for failure to comply with or other
contravention of
(a) the regulations; or
(b) a term or condition prescribed in or in
respect of or attached to a permit or licence issued under the regulations,
and the additional penalties prescribed
may be imposed by a court.
3. The Schedule to the Act is amended by repealing
the rows relating to subsection 17(2) and sections 21, 22 and 27 and
substituting the following:
|
21(3)
|
Person using a vehicle with a dealer plate attached
who is not the dealer or an employee of the dealer or a person to whom the
vehicle had been loaned by the dealer for demonstration purposes for a period
not exceeding 3 consecutive days
|
400
|
100
|
14 days
|
2 days
|
|
21(4)(a)
|
Attaching, or permitting to be attached, a dealer
plate to a vehicle used for the carriage of persons or goods for compensation
|
400
|
100
|
14 days
|
2 days
|
|
21(4)(b)
|
Attaching, or permitting to be attached, a dealer
plate to a vehicle used for private use or hire
|
400
|
100
|
14 days
|
2 days
|
|
21(4)(c)
|
Attaching, or permitting to be attached, a dealer
plate to a vehicle used as a service vehicle
|
400
|
100
|
14 days
|
2 days
|
|
23(1)
|
Carrying on business as a dealer without a licence
|
400
|
100
|
14 days
|
2 days
|
|
23(2)
|
Carrying on business as a dealer in a name other than
the name in which licence was issued
|
400
|
100
|
14 days
|
2 days
|
|
23(3)
|
Using vehicle without vehicle being registered to the
dealer or without dealer plate attached
|
400
|
100
|
14 days
|
2 days
|
Commencement
4. This Act comes into force on January 1, 2021.
©Queen's Printer