BILL 37

An Act to Amend the Salvage Dealers Licensing Act

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

1 Section 2 of the Salvage Dealers Licensing Act, chapter 111 of the Revised Statutes, 2016, is amended

(a)  by adding after paragraph (1)(a) the following:

(a.1)  provides a fire safety plan and a site layout for the salvage yard that are in compliance with the Fire Prevention Act in the opinion of the fire marshal appointed under that Act,

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

2( 1.1) When issuing a licence or by written notice at any time, the Minister may impose on the licence any terms and conditions the Minister considers appropriate.

2 Section 17 of the Act is amended

(a)  in subsection (3) by striking out “6,”;

(b)  by adding after subsection (3) the following:

17( 3.1) A person who violates or fails to comply with section 6 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.

(c)  in subsection (4) by striking out “(1), (2) or (3),” and substituting “(1), (2), (3) or (3.1),”;

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

17( 5) If an offence under section 6 continues for more than one day

(a)  the minimum fine that may be imposed is double the minimum fine set by the Provincial Offences Procedure Act for a category H offence multiplied by the number of days during which the offence continues, and

(b)  the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category H offence multiplied by the number of days during which the offence continues.

3 Section 18 of the Act is amended by adding after subsection (3) the following:

18( 4) 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 an investigation under subsection (3) is ongoing and the Minister is satisfied on reasonable grounds that there is a danger to the public and the potential for loss of life.

4 A salvage dealer with a licence that is valid and in force on the commencement of this section shall comply, on or before September 30, 2024, with paragraph 2(1)(a.1) of the Salvage Dealers Licensing Act, as enacted by paragraph 1(a) of this Amending Act.