Legislation

1. This Ordinance shall be known as Ordinance Number 146 and may be cited as the "Auctioneer's Ordinance".

2. In this Ordinance

(a) "Chief of Police" includes his agent;

(b) "Council" means the Council of the City of Halifax;

(c) "Jewellery" includes gold, silver and plated ware, precious and semi-precious stones, watches, clocks and other goods, wares and merchandise commonly classified as jewellery.

3. (1) No person shall carry on business as an auctioneer in the City of Halifax without having first obtained a license therefor.

(2) Application for an auctioneer's license shall be made in writing to the Chief of Police.

(3) An auctioneer's license shall remain in force until the 30th day of April next following date of issue.

(4) The fee for said license shall be:

(a) $290.00 for a person having a place of business in the City subject to assessment; and

(b) $650.00 for a person not having such a place of business.

3A Every auctioneer and every person employed by an auctioneer shall wear a badge so as to be in view at all times, which shall be furnished by the City on the payment of a fee of Five Dollars ($5.00).

4. (1) No person shall conduct an auction of jewellery without, in addition to obtaining an auctioneer's license, obtaining a jewellery auction license.

(2) The fee for a jewellery auction license shall be:

(a) $140.00 for a person having a place of business in the City subject to assessment; and

(b) $190.00 for a person not having such a place of business.

(3) Application for a jewellery license shall be made in writing to the Chief of Police.

(4) No license shall be issued under this Ordinance unless the applicant has a valid and subsisting registration certificate pursuant to section 9 of the Health Services Act.

5. Every applicant for an auctioneer's license shall file with the Chief of Police a surety bond running to the City of Halifax in the amount of Fifty Thousand Dollars ($50,000.00) with surety acceptable to and approved by the Chief of Police conditioned that the said applicant, if issued an auctioneer's license, will comply fully with all the provisions of the Ordinances of the City of Halifax regulating and concerning auctioneers, will render true and strict accounts of all his sales to any person or persons employing him to make the same, will not practice any fraud or deceit upon bidders or purchasers of property from him at any auction sale or suffer or permit any person in his employ to practice any such fraud or deceit, and will pay any damages which may be sustained by any person by reason of any fraud, deceit, negligence, or other wrongful act on the part of the licensee, his agent or employees in the conduct of any auction or in the exercise of the calling of auctioneer. A liability insurance policy issued by an insurance company authorized to do business in the Province of Nova Scotia which conforms to the above requirements shall be permitted in lieu of a bond.

6. Upon receipt of an application for an auctioneer's license or a jewellery auction license the Chief of Police shall

(a) cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good;

(b) if as a result of such investigation, the Chief of Police is of the opinion that the applicant's character or business responsibility is unsatisfactory, the Chief of Police shall refuse a license;

(c) if the applicant's character and business responsibility are found to be satisfactory and upon it being determined that the application is complete and that all provisions of this Ordinance have been complied with, the Chief of Police shall issue an auctioneer's license or jewellery auction license as the case may be.

7. A license issued under this Ordinance shall not be transferable.

8. The Chief of Police shall maintain a permanent record of each permit issued and record the reports of violation thereon.

9. A license issued under the provisions of this Ordinance may be suspended at any time by the Chief of Police if he believes that any provisions of this Ordinance has been violated and upon the holder of the license being notified in writing of such suspension by the Chief of Police, such holder shall forthwith cease to carry on any auction.

10. A license may be revoked by the Chief of Police in the form of a written notice to the licensee setting the reasons therefor for the following causes:

(a) Fraud, misrepresentation or false statement in the application or in the course of carrying on the auction;

(b) any violation of this Ordinance;

(c) conviction of any crime or misdemeanor involving moral

11. (1) Any person whose application for a license under this Ordinance has been refused, suspended or revoked by the Chief of Police, and any person aggrieved by the granting of such license may appeal to City Council.

(2) An appeal against the granting of such license may be made by filing with the City Clerk, a written statement addressed to the City Council, setting forth the grounds for appeal.

(3) An appeal against refusal of a license by the Chief of Police shall be made by the applicant by filing with the City Clerk, addressed to the City Council within fourteen (14) days after receipt by such person of written notice from the Chief of Police of refusal, a written statement setting forth the grounds for appeal.

12. The person to whom an auction license has been granted shall remain in continuous attendance at all times while such auction is being conducted and shall be liable for any violation of this Ordinance committed by any person.

13. No person shall sell or offer for sale at any auction articles which have been falsely described or concerning which any untruthful statement has been made as to their character, quality, kind or description or cost.

14. No person shall at any auction act as a "capper", "booster" or "shill" or offer to make any false bid to buy or pretend to buy any article sold or offered for sale.

15 (1) Any person who carries on business as an Auctioneer without having obtained a license shall, for every day on which such business is carried on, be liable to a penalty not exceeding two thousand dollars ($2,000.00) and in default of payment, to imprisonment for a period not exceeding one month;

(2) Any person who contravenes or fails to comply with any other provision of this Ordinance shall for each offence be liable to a penalty not exceeding two thousand dollars ($2,000.00) and in default of payment to imprisonment for a period not exceeding one month.

16. Ordinances 47 and 146 are hereby repealed.

Notice of Motion to Introduce: January 17, 1985
First Reading: January 31, 1985
Committee of the Whole Council: February 20, 1985
Second Reading: February 28, 1985
Approval of M.M.A.: Deemed to be in effect per Section 145(2) of the Halifax City Charter as of August 12, 1985

No. 1 Section 3(4)(a); new Section 3A
Notice of Motion to Introduce: October 17, 1985
First Reading: October 31, 1985
Committee of the Whole Council: November 6, 1985
Second Reading: November 14, 1985
Approval of M.M.A.: IN EFFECT AS OF FEBRUARY 26,

BY VIRTUE OF SECTION 145(2) OF THE HALIFAX CITY CHARTER.

No. 2 Section 3(4)(a), Section 3(4)(b)
Notice of Motion to Introduce: October 16, 1986
First Reading: October 30, 1986
Committee of the Whole Council: December 3, 1986
Second Reading: December 11, 1986
Approval of M.M.A.: January 23, 1986

No. 3 Amendment: Section 3(4)(a); Section 3(4)(b)
Notice of Motion to Introduce: January 14, 1988
First Reading: January 28, 1988
Committee of the Whole Council: February 3, 1988
Second Reading: February 11, 1988
Approval of M.M.A.: March 3, 1988

No. 4 Amendment: Clause (a) and (b) of subsection (4) of
Section 3 and Clause (a) and (b) of subsection (2) of Section 4
Notice of Motion to Introduce: October 13, 1988
First Reading: October 27, 1988
Committee of the Whole Council: November 9, 1988
Second Reading: November 17, 1988
Approval of M.M.A.: January 12, 1989

No. 5 Amendment: Section 3, Subsection (4), Clause (a) and (b);
Section 4, Subsection (2), Clause (b)
Notice of Motion to Introduce: September 28, 1989
First Reading: October 12, 1989
Committee of the Whole Council: October 18, 1989
Second Reading: October 26, 1989
Approval of M.M.A.: November 16, 1989

No. 7 Amendment: Section 3, subsection (4), clause (a) Section 3, subsection (4), clause (b) Section 4, subsection (2), clause (a) Section 4, subsection (2), clause (b)
Notice of Motion to Introduce: December 12, 1991
First Reading: January 16, 1992
Committee of the Whole Council: January 22, 1992
Second Reading: January 30, 1992
Approval of M.M.A.: March 4, 1992

No. 8 Amendment: Section 3, subsection (4), clause (b) Section 4, subsection (2), clause (a)
Notice of Motion to Introduce: October 1, 1992
First Reading: October 15, 1992
Committee of the Whole Council: October 21, 1992
Second Reading: October 29, 1992
Approval of M.M.A. is not required.

No. 9 Amendment: Section 3, subsection (4), clause (a) Section 3, subsection (4), clause (b)
Notice of Motion to Introduce: November 17, 1994
First Reading: December 1, 1994
Committee of the Whole Council: December 7, 1994
Second Reading: December 15, 1994
Approval of M.M.A. is not required (Chapter 41, Acts of 1992)