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 RECYCLERS 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 »)
"local law enforcement agency" means a law enforcement agency that is responsible for providing law enforcement services to the area in which a scrap metal recycler is located. (« organisme local chargé de l'application de la loi »)
"police officer" means a police officer as defined in meaning of The Police Services Act, a member of the Royal Canadian Mounted Police and a member of a prescribed agency or organization. (« agent de police »)
"prescribed" means prescribed by regulation. (Version anglaise seulement)
"scrap metal" means a new or used item substantially made, or deriving its value, from aluminum, brass, bronze, copper, iron, magnesium, nickel, stainless steel, steel, tin, zinc, a precious metal or other prescribed metal or alloy. (« ferraille »)
"scrap metal recycler" means a person engaged in the business of purchasing, trading or bartering scrap metal and includes the employees and agents of the person. (« récupérateur de ferraille »)
"traceable currency" means a method of payment in which the transfer of money is able to be followed from the sender to the recipient by a third party, and in which the sender and recipient are not anonymous, and does not include payment by cash. (« monnaie traçable »)
SALE AND PURCHASE OF SCRAP METAL
A person must not sell or provide scrap metal to a scrap metal recycler unless the person furnishes to the recycler at the time of the transaction
(a) government-issued photo 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.
At the time of the transaction, a scrap metal recycler must take reasonable measures to ensure that the identification provided under subsection (1)
(a) has not been altered or defaced to misrepresent the age or identity of the person;
(b) was issued by the issuing agency to the person; and
(c) is not otherwise forged or fraudulently made.
Unless the person selling or providing the scrap metal provides proof of ownership of the scrap metal to the recycler at the time of the transaction, a person must not sell or provide to a scrap metal recycler any of the following:
(a) metallic wire that has had insulation or casing removed from it;
(b) a catalytic converter;
(c) a sewer or utility access cover or grate;
(d) a metal traffic control light, signal or sign;
(e) a street lighting pole, wiring or fixture;
(f) a metal grave marker, plaque, monument or statue;
(g) scrap metal that bears distinguishing or identifying marks indicating ownership of the scrap metal;
(h) any other prescribed item.
A scrap metal recycler must not purchase or receive scrap metal unless
(a) the person selling or providing the scrap metal has complied with subsections (1) and (3); and
(b) the scrap metal recycler 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 current address and telephone number of the person selling or providing the scrap metal,
(iii) a description of the type, weight and any distinguishing marks or features of the scrap metal,
(iv) a description of how the person acquired the scrap metal,
(v) a copy of a proof of ownership document if required under subsection (3),
(vi) the date and time of the transaction,
(vii) the total value of the transaction,
(viii) the full name of the individual who conducts the transaction on behalf of the scrap metal recycler,
(ix) if a motor vehicle is used to deliver the scrap metal to the scrap metal recycler, the colour, make and model of the vehicle and the number, letters and jurisdiction shown on the licence plate of the vehicle,
(x) any other prescribed information or copy of a prescribed document.
A scrap metal recycler must keep the information and documents obtained under clause (4)(b) at their place of business for a minimum period of five years after the date of the transaction or a longer prescribed period.
A scrap metal recycler must inform a person entering into a transaction that the information obtained under this section is being kept by the recycler and may be provided to a police officer or 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 police officer or 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 or class of persons.
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 section 2 applies to a transaction, the scrap metal recycler must use traceable currency to purchase 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 seven-day period are deemed to be a single transaction.
A scrap metal recycler must make a report to a local law enforcement agency in the prescribed manner and form within 24 hours after purchasing or receiving any of the following:
(a) scrap metal that is prescribed as restricted;
(b) scrap metal that weighs more than the prescribed weight;
(c) a prescribed item or class of items.
For the purpose of calculating the weight of scrap metal under subsection (1), multiple transactions with the same person during a seven-day period are deemed to be a single transaction.
If a scrap metal recycler has reasonable grounds to suspect that scrap metal in the recycler's possession is stolen property, the scrap metal recycler must immediately report the matter to a local law enforcement agency.
A police officer or law enforcement agency may require a scrap metal recycler to hold scrap metal that the recycler, police officer or law enforcement agency suspects is stolen property for a prescribed period.
During the period referred to in subsection (2), the scrap metal recycler must not sell or otherwise dispose of the scrap metal that is suspected to be stolen property.
A police officer may carry out any inspection, examination or test reasonably required to determine compliance with this Act and the regulations.
In order to perform a duty or function under subsection (1) (in this section referred to as an "inspection"), a police officer may at any reasonable time, without warrant, enter
(a) a scrap metal recycler's place of business; or
(b) any other premises or place where the police officer has reason to believe that records or other property relevant to the administration or enforcement of this Act and the regulations 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 police 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 police officer all records and property that the police officer requires for the inspection;
(b) provide any assistance or additional information, including personal information, that the police officer reasonably requires to perform the inspection; and
(c) provide answers to the police officer's questions.
The police 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 police officer, or both; and
(b) make them available for inspection at the place of inspection or send them to an address specified by the police officer, or both.
The police 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 police 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 police 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 police officer conducting an inspection.
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 $10,000 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 $30,000; and
(b) for a second or subsequent offence,
(i) in the case of an individual, to a fine of not more than $30,000 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 $100,000.
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 recycler, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the scrap metal recycler 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.
No action or proceeding may be brought against a police 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.
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 the day it receives royal assent.