Bill 7 - An Act to Amend the Salvage Dealers Licensing Act

BILL 7

An Act to Amend the Salvage Dealers Licensing Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Salvage Dealers Licensing Act, chapter 111 of the Revised Statutes, 2016, is amended

(a) in the definition “transaction” by striking out “receipt by” and “delivery by” and substituting “receipt of salvage by” and “delivery of salvage by”, respectively;

(b) by adding the following definitions in alphabetical order:

“Class A licence” means a licence authorizing the sale or delivery of stranded copper wire consisting of eight or more strands that is issued under section 11.4 and that is valid and subsisting. (licence de catégorie A)

“Class B licence” means a licence authorizing the sale or delivery of stranded copper wire consisting of less than eight strands that is issued under section 11.5 and that is valid and subsisting. (licence de catégorie B)

“copper” includes alloys in which copper constitutes the principal element. (cuivre)

2 Subsection 5(1) of the Act is amended by striking out “All licences issued to salvage dealers” and substituting “All licences issued under section 2 to salvage dealers”.

3 Section 6 of the Act is amended by striking out “issued under this Act” and substituting “issued under section 2”.

4 Section 7 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph a) of the French version by striking out “achète ou reçoit et y inscrit” and substituting “achète ou reçoit, sur laquelle il inscrit”;

( ii) in paragraph a) of the French version by striking out “de l’opération” and substituting “de l’achat ou de la réception”;

( iii) in paragraph (b) by striking out “article including” and “on the article” and substituting “salvage, including” and “on the salvage”, respectively;

( iv) in paragraph (c) by striking out “paid” and substituting “paid by the salvage dealer”;

( v) by repealing paragraph (d);

( vi) in paragraph (e) of the English version by striking out “residence of the person from whom the article” and substituting “address of the person from whom the salvage”;

( vii) in paragraph (f) by striking out “article” and substituting “salvage”;

(b) by adding after subsection (1) the following:

7( 1.1) In addition to the record referred to subsection (1), the salvage dealer shall keep the following records:

(a) in the case of salvage that the salvage dealer purchases or receives from another person, a photocopy of valid photo identification issued by a government to that person;

(b) a record of every sale or delivery of salvage by the salvage dealer in which the following information shall be entered at the time of sale or delivery:

( i) the date and hour of sale or delivery;

( ii) a description of the salvage, including a descriptive mark or name on the salvage;

( iii) the price paid by the purchaser or the person to whom the salvage was delivered;

( iv) the name and the address of the purchaser or of the person to whom the salvage was delivered; and

( v) any other information prescribed by regulation; and

(c) in the case of copper wire that a salvage dealer purchases or receives as salvage, a photocopy of the Class A licence or Class B licence provided to the salvage dealer under subsection 11.2(2) or (3), the statement provided to the salvage dealer in accordance with paragraph 11.2(3)(c) or the approval of the Minister that is referred to in 11.2(1), as the case may be.

(d) in subsection (3) by striking out “record” and “by the purchaser” and substituting “records” and “by the salvage dealer”, respectively.

5 The heading “Signs” preceding section 9 of the Act is repealed and the following is substituted:

Signs and recordings

6 Section 9 of the Act is amended

(a) by renumbering the section as subsection 9(1);

(b) in subsection (1) of the English version by striking out “on every salvage yard” and substituting “on the premises of every salvage yard”;

9( 2) A salvage dealer shall erect and maintain in a conspicuous place on the premises of every salvage yard operated by the salvage dealer a sign indicating that the salvage dealer reserves the right to refuse any transaction the salvage dealer considers suspicious and that any property suspected of being stolen will be reported to a peace officer.

9( 3) A salvage dealer shall install and maintain in good working order on the premises of every salvage yard operated by the salvage dealer a digital video recording system that records continuously entries and exits and the activities occurring in the areas where transactions are conducted or deliveries are accepted.

9( 4) A salvage dealer shall keep recordings made under subsection (3) for a minimum of 30 days.

7 The Act is amended by adding after section 11.1 the following:

Copper wire

11.2( 1) Unless approved by the Minister, it is prohibited for salvage dealers to purchase or receive

(a) copper wire that is not in its original manufactured state, or

(b) copper wire whose insulation has been removed, burned or otherwise damaged.

11.2( 2) No salvage dealer shall purchase or receive as salvage stranded copper wire consisting of eight or more strands except from the holder of a Class A licence who provides the salvage dealer with a photocopy of the licence.

11.2( 3) No salvage dealer shall purchase or receive as salvage stranded copper wire consisting of less than eight strands except from the following persons:

(a) a holder of a Class A licence who provides to the salvage dealer a photocopy of the licence;

(b) a holder of a Class B licence who provides to the salvage dealer a photocopy of the licence;

(c) an individual who provides to the salvage dealer a signed and dated statement, in a form provided by the Minister, stating where the individual obtained the copper wire and setting out the individual’s name and address.

11.2( 4) Any salvage dealer who has purchased or received copper as salvage shall withhold payment for 48 hours following the transaction.

11.2( 5) Any salvage dealer who has purchased or received copper as salvage shall not resell, process, transform or destroy it for 48 hours following the transaction.

11.2( 6) For the purposes of subsections (2) and (3), an agent of a holder of a Class A licence may act on behalf of the holder.

Licences authorizing the sale or delivery of stranded copper wire

11.3 For the purposes of section 11.2, the Minister may issue Class A licences or Class B licences authorizing the sale or delivery of stranded copper wire as salvage.

Class A licences

11.4( 1) The following definitions apply in this section.

“public utility” includes a distribution electric utility as defined in the Electricity Act (entreprise de services publics) .

“telecommunications service provider” means telecommunications service provider as defined in the Telecommunications Act (Canada). (fournisseur de services de télécommunication)

11.4( 2) A public utility, a telecommunications service provider or any other business may apply to the Minister for a Class A licence authorizing the public utility, telecommunications service provider or other business to sell or deliver, as salvage, stranded copper wire consisting of eight or more strands to a salvage dealer.

11.4( 3) An application form for a Class A licence shall include the following information:

(a) the legal name of the business, including the corporate name or firm name, as well as any business name under which the business is carried on;

(b) the contact information of persons responsible for the management of the business; and

(c) information proving ownership of the copper wire proposed to be sold or delivered by the business to the salvage dealer.

11.4( 4) If the Minister approves the application, the Minister shall issue a Class A licence to the applicant free of charge, and the licence has no expiry date.

11.4( 5) If the Minister refuses the application, the Minister shall give the applicant a written notice giving reasons for the decision and informing the applicant of the right to have the decision reviewed.

11.4( 6) Within 30 days after receiving the written notice, the applicant may make a request to the Minister for a review of the decision.

11.4( 7) Within 60 days after receiving the request for review, the Minister shall review the decision and either confirm or rescind it and give the applicant a written notice giving reasons for the decision.

Class B licences

11.5( 1) On application, the Minister may, free of charge, issue to the holder of any licence referred to in subsection 9(1) of New Brunswick Regulation 84-165 under the Electrical Installation and Inspection Act a Class B licence authorizing the holder to sell or deliver, as salvage, stranded copper wire consisting of less than eight strands to a salvage dealer.

11.5( 2) An application for a Class B licence shall be made at the same time as the application for one of the licences referred to in subsection 9(1) of New Brunswick Regulation 84-165 under the Electrical Installation and Inspection Act.

11.5( 3) A Class B licence held by a licence holder remains valid for as long as the licence held by that licence holder under subsection 9(1) of New Brunswick Regulation 84-165 under the Electrical Installation and Inspection Act remains valid.

11.5( 4) If the Minister refuses the application, the Minister shall give the applicant a written notice giving reasons for the decision and informing the applicant of the right to have the decision reviewed.

11.5( 5) Within 30 days after receiving the written notice, the applicant may make a request to the Minister for a review of the decision.

11.5( 6) Within 60 days after receiving the request for review, the Minister shall review the decision and either confirm or rescind it and give the applicant a written notice giving reasons for the decision.

8 Subsection 16(1) of the Act is amended by striking out “licence under this Act” and substituting “licence under section 2”.

9 The Act is amended by adding after section 16 the following:

Stolen property

16.1 A salvage dealer shall immediately report to a peace officer any salvage that the salvage dealer suspects to be stolen property.

10 Section 17 of the Act is amended

(a) in subsection (1) by striking out “section 9 or a provision of the regulations” and substituting “subsection 9(1) or (2) or a provision of the regulations”;

(b) by repealing subsection (2);

(c) in subsection (3) by striking out “section 8 or 11.1” and substituting “subsection 5(2) or (3), subsection 7(1) or (1.1), section 8 or 10, subsection 11(1) or (2) or section 11.1”;

(d) in subsection (3.1) of the French version by striking out “aux dispositions de l’article 6” and substituting “à l’article 6”;

(e) by adding after subsection (3.1) the following:

17( 3.2) A person who violates or fails to comply with subsection 9(3) or (4) or section 16.1 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category I offence.

17( 3.3) A person who violates or fails to comply with section 11.2 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category I offence.

(f) in subsection (4) by striking out “subsections 56(2), (3) and (5)” and “subsection (1), (2), (3) or (3.1)” and substituting “subsections 56(2), (5), (8) and (9)” and “subsection (1), (3), (3.1), (3.2) or (3.3)”, respectively.

11 The heading “Suspension and revocation of licences” preceding section 18 of the Act is repealed and the following is substituted:

Suspension and revocation of licences issued under section 2

12 Section 18 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

18( 1) After extending to the licensee an opportunity to be heard and to be represented by counsel, the Minister may suspend or revoke a licence issued under section 2 if the Minister is satisfied that there are reasonable grounds to believe that

(a) the licensee has failed to comply with a duty imposed on the licensee by this Act or the regulations or has otherwise violated this Act or the regulations,

(b) the licensee has failed to comply with section 12 of the Unsightly Premises Act, or

(b) in subsection (3) of the English version by striking out “his or her own motion” and substituting “the Minister’s own motion”;

(c) in subsection (4) of the English version by striking out “Minister is satisfied on reasonable grounds” and substituting “Minister is satisfied that there are reasonable grounds to believe”;

(d) by adding after subsection (4) the following:

18( 5) Despite subsection (1), the Minister may suspend a licence temporarily without extending to the licensee an opportunity to be heard and to be represented by counsel if the licensee is charged with an offence referred to in subsection 17(3.3) and the Minister is satisfied that there are reasonable grounds to believe that the transaction that is the subject of the prosecution may have contributed to the disruption or failure of critical infrastructure, and the licence shall remain suspended for the duration of the prosecution unless the Minister orders otherwise.

13 The Act is amended by adding after section 18 the following:

Suspension and revocation of Class A licences or Class B licences

18.1( 1) Despite subsection 11.4(4) or 11.5(3), the Minister may suspend or revoke a Class A licence or a Class B licence if the Minister is satisfied that there are reasonable grounds to believe that it is in the public interest to do so.

18.1( 2) If the Minister suspends or revokes a licence, the Minister shall give the person whose licence was suspended or revoked a written notice giving reasons for the decision and informing the person of the right to have the decision reviewed, and the suspension or revocation takes effect on receipt of the notice.

18.1( 3) Within 30 days after receiving the written notice, the person whose licence was suspended or revoked may make a request to the Minister for a review of the decision.

18.1( 4) Within 60 days after receiving the request for review, the Minister shall review the decision and either confirm or rescind it and give the person whose licence was suspended or revoked a written notice giving reasons for the decision.

Cancellation of Class A licences or Class B licences

18.2 Despite subsection 11.4(4) or 11.5(3), on the written application of the licensee, the Minister may cancel a Class A licence or Class B licence.

Non-transferable

18.3 Class A licences and Class B licences are non-transferable.

Form of licence

18.4 A licence shall be on a form provided by the Minister.

14 Section 19 of the Act is amended by striking out “or revoke a licence is final and shall not” and substituting “or revoke a licence shall not”.

15 Section 21 of the Act is amended

(a) by adding after paragraph (a) the following:

(a.1) prescribing information for the purposes of subparagraph 7(1.1)(b)(v);

(b) in paragraph (d) by striking out “a licence or a renewal of a licence” and substituting “a licence issued under section 2 or a renewal of the licence”.

CONSEQUENTIAL AMENDMENT AND
COMMENCEMENT

Regulation under the Free Trade Within Canada Act

16 Schedule B of New Brunswick Regulation 2026-29 under the Free Trade Within Canada Act is amended by striking out “All provisions of the Salvage Dealers Licensing Act and the General Regulation - Salvage Dealers Licensing Act related to obtaining a licence as defined that Act” and substituting “All provisions of the Salvage Dealers Licensing Act and the General Regulation - Salvage Dealers Licensing Act related to obtaining a licence under section 2 of that Act”.

Commencement

17 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.