Auctioneers generally must get a license before conducting auction sales or doing business in Prince Edward Island.
c t AUCTIONEERS ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 2, 2015. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the King’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Auctioneers Act Section 1 c AUCTIONEERS ACT CHAPTER A-23 1. Definition In this Act “non-resident” means a person who has not resided in Prince Edward Island for at least one year immediately prior to the date of his application for a license under this Act. R.S.P.E.I. 1974, Cap. A-22, s.1. 2. License to conduct auction sales Every auctioneer shall, before he conducts any auction sale of real or personal property, or carries on business as an auctioneer in Prince Edward Island, obtain from the Department of Justice and Public Safety a license for that purpose, in such form as the Minister of Justice and Public Safety and Attorney General may determine. R.S.P.E.I. 1974, Cap. A-22, s.2; 1980,c.2,s.3; 1983,c.1,s.6; 1985,c.3,s.1; 1993,c.29,s.4; 1994,c.48,s.2; 1997,c.20,s.3; 2000,c.5,s.3; 2010,c.31,s.3; 2010,c.14,s.3; 2012,c.17,s.2; 2015,c.28,s.3. 3. Expiration of licenses Every license issued under this Act expires two years after the issuing thereof. R.S.P.E.I. 1974, Cap. A-22, s.4; 1994,c.48,s.2. 4. Offences and penalties Every person who sells real or personal property by auction, without having first obtained a license under this Act, or contrary to the provisions of the license, is liable to a fine of not less than $100 and not more than $500. R.S.P.E.I. 1974, Cap. A-22, s.5; 1994,c.48,s.2. 5. Record of persons licensed There shall be kept in the Department of Justice and Public Safety a record of all persons licensed under this Act. R.S.P.E.I. 1974, Cap. A-22, s.6; 1980, c.2, s.3; 1983, c.1, s.6; 1985,c.3,s.1; 1993,c.29,s.4; 1994,c.48,s.2; 1997,c.20,s.3; 2000,c.5,s.3; 2010,c.31,s.3; 2010,c.14,s.3; 2012,c.17,s.2; 2015,c.28,s.3. 6. Regulations The Lieutenant Governor in Council may make regulations respecting licenses under this Act and, without prejudice to the generality thereof, the regulations may (a) provide for the refusal, suspension and cancellation of licenses; (b) require applicants for licenses to produce evidence of qualifications and to be familiar with the law of sale by auction and, in particular, the provisions of section 58 of the Sale of Goods Act R.S.P.E.I. 1988, Cap. S-1; c t Current to: December 2, 2015 Page 3 Section 6 Auctioneers Act (c) exempt persons from the requirement to obtain a license; (d) prescribe fees for licenses. 1977,c.3,s.1; 1987,c.16,s.2. Page 4 Current to: December 2, 2015 t c Auctioneers Act SCHEDULE SCHEDULE Repealed by 1994,c.48,s.2 c t Current to: December 2, 2015 Page 5