3rd Session, 42nd Legislature
This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.
THE SCRAP METAL SALES ACCOUNTABILITY ACT
|Table of Contents||Bilingual version (PDF)||Explanatory Note|
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"law enforcement agency" means any of the following:
(a) a municipal police service;
(b) the Royal Canadian Mounted Police;
(c) a prescribed agency or organization. (« organisme chargé de l'application de la loi »)
"peace officer" means a police officer, police constable, constable, special constable, any other person employed to preserve or maintain the public peace, a member of the Royal Canadian Mounted Police and a member of a prescribed agency or organization. (« agent de la paix »)
"prescribed" means prescribed by regulation.
"scrap metal" means a used item substantially made, or deriving its value, from aluminum, brass, bronze, copper, iron, steel, stainless steel, tin, a precious metal or other prescribed metal. (« ferraille »)
"scrap metal dealer" means a person engaged in the business of purchasing, trading or bartering scrap metal and includes the employees and agents of the person. (« commerçant en ferraille »)
SALE AND PURCHASE OF SCRAP METAL
A person must not sell or provide scrap metal to a scrap metal dealer unless the person furnishes to the dealer at the time of the transaction
(a) government-issued identification;
(b) a description of the type, weight and any distinguishing marks or features of the scrap metal;
(c) a description of the means used by the person to acquire the scrap metal; and
(d) any other prescribed information or document.
Unless the person selling or providing the scrap metal provides proof of ownership of the scrap metal to the dealer at the time of the transaction, a person must not sell or provide to a scrap metal dealer any of the following:
(a) metallic wire that has had insulation or casing removed from it;
(b) a catalytic converter;
(c) a sewer access cover and a sewer grate;
(d) a metal traffic control light, signal and sign;
(e) a street lighting pole, wiring and fixture;
(f) a metal grave marker, plaque, monument and statue;
(g) scrap metal that bears distinguishing or identifying marks indicating ownership of the scrap metal;
(h) any other prescribed item.
A scrap metal dealer must not purchase or receive scrap metal unless
(a) the person selling or providing the scrap metal has complied with subsections (1) and (2); and
(b) the scrap metal dealer obtains or records at the time of the transaction all of the following:
(i) a copy of the identification of the person selling or providing the scrap metal,
(ii) a description of the type, weight and any distinguishing marks or features of the scrap metal,
(iii) a description of how the person acquired the scrap metal,
(iv) a copy of a proof of ownership document if required under subsection (2),
(v) the date and time of the transaction,
(vi) the total value of the transaction,
(vii) the full name of the individual who conducts the transaction on behalf of the scrap metal dealer,
(viii) if a motor vehicle is used to deliver the scrap metal to the scrap metal dealer, the number, letters and jurisdiction shown on the number plate of the vehicle,
(ix) any other prescribed information or copy of a prescribed document.
A scrap metal dealer must keep the information and documents obtained under clause (3)(b) at their place of business for a minimum period of two years after the date of the transaction.
A scrap metal dealer must inform a person entering into a transaction that the information obtained under this section is being kept by the dealer and may be provided to a peace officer or a law enforcement agency.
The person who is required to provide the information and documents under this section is deemed to consent to the transfer of the information and documents to a peace officer or a law enforcement agency.
This section does not apply to the sale or provision of scrap metal by any of the following:
(a) a corporation that is authorized to carry on business in Manitoba;
(b) a person who is a dealer, salesperson or recycler under The Drivers and Vehicles Act;
(c) a prescribed person.
This section does not apply to the sale or provision of
(a) metal cans or containers that were used for food, beverages, paint or other domestic or household products and that are normally recycled to avoid waste;
(b) coins, bullion or jewellery; or
(c) a prescribed item or class of items.
If a scrap metal dealer has reasonable grounds to believe that scrap metal in the dealer's possession is stolen property, the scrap metal dealer must immediately report the matter to a law enforcement agency that is responsible for providing law enforcement services to the area in which the scrap metal dealer is located.
If section 2 applies to a transaction, the scrap metal dealer must not pay cash for the scrap metal if the total value of the metal included in the transaction is greater than
(a) the prescribed amount; or
(b) if no amount is prescribed, $50.
For the purpose of calculating a payment under subsection (1), multiple transactions with the same person during a 24-hour period are deemed to be a single transaction.
A peace officer may carry out any inspection, examination or test reasonably required to determine compliance with this Act.
In order to perform a duty or function under subsection (1) (in this section referred to as an "inspection"), a peace officer may at any reasonable time, without warrant, enter
(a) a scrap metal dealer's place of business; or
(b) any other premises or place where the peace officer has reason to believe that records or other property relevant to the administration or enforcement of this Act may be found.
The authority under subsection (2) must not be used to enter a dwelling that is occupied as a residence except with the consent of the owner or occupant or with the authority of a warrant.
A peace officer must show their identification if requested to do so in the context of an inspection.
The owner or person in charge of the place of inspection or having custody or control of the relevant records must
(a) produce or make available to the peace officer all records and property that the peace officer requires for the inspection;
(b) provide any assistance or additional information, including personal information, that the peace officer reasonably requires to perform the inspection; and
(c) provide answers to the peace officer's questions.
The peace officer may require the owner or person in charge of the records or of the place of inspection or information system in which they are kept to
(a) produce the relevant records in the form of a printout or in an electronically readable format that can be used by the peace officer, or both; and
(b) make them available for inspection at the place of inspection or send them to an address specified by the peace officer, or both.
The peace officer may use equipment at the place of inspection to make copies of relevant records, and may remove the copies from the place of inspection for further examination.
A peace officer who is not able to make copies of records at the place of inspection may remove them to make copies, but the officer must give a receipt to the person from whom they were taken and return the originals as soon as practicable.
A document certified by a peace officer to be a printout or copy of a record obtained under this Act
(a) is admissible in evidence without proof of the office or signature of the person purporting to have made the certificate; and
(b) has the same probative force as the original record.
A person must not obstruct or interfere with a peace officer conducting an inspection.
No action or proceeding may be brought against a peace officer, law enforcement agency or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.
A person who contravenes this Act is guilty of an offence and is liable on conviction
(a) for a first offence,
(i) in the case of an individual, to a fine of not more than $5,000 or to imprisonment for a term not more than one year, or both, and
(ii) in the case of a corporation, to a fine of not more than $15,000; and
(b) for a second or subsequent offence,
(i) in the case of an individual, to a fine of not more than $15,000 or to imprisonment for a term not more than one year, or both, and
(ii) in the case of a corporation, to a fine of not more than $50,000.
If a corporation commits an offence under this Act, any officer, director, employee or agent of the corporation who directed, authorized, permitted, acquiesced in or participated in the commission of the offence is also guilty of an offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.
In a prosecution under this section for an offence by a scrap metal dealer, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the scrap metal dealer while acting in the course of their employment or agency functions, whether or not the employee or agent has been prosecuted or convicted.
When a contravention of this Act continues for more than one day, the person is guilty of a separate offence for each day the contravention continues.
The Lieutenant Governor in Council may make regulations prescribing anything referred to in this Act as being prescribed.
This Act may be referred to as chapter S40 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on July 1, 2021.