C-30 - Peddlers Act

Repealed on 1 January 2006

This document has official status.

chapter C-30

Peddlers Act

Repealed, 2005, c. 6, s. 215.

2005, c. 6, s. 215.

1. Nothing herein contained shall discharge a peddler from the obligation to hold a permit under the authority of the Consumer Protection Act (chapter P-40.1), and to act in conformity with the provisions thereof.

R. S. 1964, c. 190, s. 1; 1971, c. 74, s. 122; 1978, c. 9, s. 354.

2. The word “peddler” means any person who carries on his person or who transports with him goods, wares or merchandise, with intent to sell the same in the territory of a local municipality.

R. S. 1964, c. 190, s. 2; 1996, c. 2, s. 457.

3. The council of any local municipality which is not already authorized to the effect hereof, under a special Act, may, by mere resolution, levy, in the form of a license, a tax payable by every peddler in order to carry on his trade in the territory of such municipality.

R. S. 1964, c. 190, s. 3; 1996, c. 2, s. 458.

4. The amount of such license shall be not less than $5 nor more than $100, and may vary according to whether the peddler carries his bales of goods and merchandise on his person or uses a vehicle therefor.

R. S. 1964, c. 190, s. 4.

5. Such license shall expire on the last day of April, following the date of its issue.

R. S. 1964, c. 190, s. 5.

6. Every person who, in a territory where a tax is levied under the authority of this Act, peddles without a license to that effect, or who refuses to show his license to the persons entrusted with the enforcement of this Act, shall be guilty of an offence, and shall be liable, for each offence, to a fine of not over $200.

R. S. 1964, c. 190, s. 6; 1990, c. 4, s. 267; 1996, c. 2, s. 459.

7. (Repealed).

R. S. 1964, c. 190, s. 7; 1990, c. 4, s. 268.

8. The following persons need not take out a peddler’s license under this Act:

(1)  Persons peddling and selling temperance tracts or other moral or religious publications under the direction of a temperance society or a benevolent or religious society in Québec, and persons employed by any such society to peddle and sell such tracts or publications under the direction of such society;

(2)  Persons peddling and selling:

Acts of Québec;

Prayer books and catechisms;

Proclamations, gazettes, almanacs or other documents printed and published by authority;

Fish, fruit, fuel, firewood, coal, coal oil, lubricating oils, gasoline or provisions, excepting tea and coffee;

Goods, wares and merchandise other than drugs, medicines and patent medicines, when they are peddled and sold by the actual maker or worker, being a Canadian citizen or a citizen of the Commonwealth and a resident of Québec, or by his children, apprentices, agents or servants;

(3)  Tinkers, coopers, glaziers, harness repairers or other persons carrying on the trade of repairing kettles, casks, household furniture and utensils, to go along the highway and carry on their business;

(4)  Hucksters, or persons having stalls or stands on markets of a local municipality, for the sale of fish, fruits, victuals or goods, wares and merchandise, in such stalls or stands, on their complying with the police regulations in force in the locality.

R. S. 1964, c. 190, s. 8; S. C. 1974-75-76, c. 108, s. 31.

9. This Act shall not apply in a local municipal territory where business taxes or licences are imposed by by-law under the provisions of the Municipal Code of Québec (chapter C-27.1) or of the Cities and Towns Act (chapter C-19).

The licence imposed under the provisions of this Act shall not be issued nor its amount collected unless the peddler has previously obtained a permit in conformity with the Consumer Protection Act (chapter P-40.1), and unless such peddler has previously shown such permit to the municipal officer appointed to issue a licence under the provisions of this Act.

R. S. 1964, c. 190, s. 9; 1971, c. 74, s. 123; 1978, c. 9, s. 354; 1996, c. 2, s. 460.

10. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 190 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter C-30 of the Revised Statutes.