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CITY
OF
FORT SASKATCHEWAN
PAWNSHOP BYLAW
C27-22
WHEREAS, under the provisions of the Municipal Government Act, a council may pass
bylaws respecting business, business activities, and persons engaged in business, and
provide for a system of licensing including any or all of the matters listed therein.
NOW THEREFORE, the Council of the City of Fort Saskatchewan in the Province of
Alberta, enacts as follows:
This Bylaw is cited as the City of Fort Saskatchewan "Pawn Bylaw".
1.
DEFINITIONS
In this Bylaw:
(a)
"City" means the City of Fort Saskatchewan, a municipal corporation in the
Province of Alberta, and includes the area contained within the boundaries
of the City of Fort Saskatchewan where the context requires;
(b)
"Cou.ncil" means the municipal Council of the City of Fort Saskatchewan;
(c)
"City Manager" means the City Manager of the City of Fort Saskatchewan
or anyone designated by the City Manager to act on their behalf;
(d)
"Electronic Means" means a computer program with the capability to
electronically transmit, via the internet, in a format approved by a Peace
Officer;
(e)
"Municipal Tag" means a tag or similar document issued by the City,
pursuant to the Municipal Government Act (MGA), for the purpose of
notifying a person that an offence has been committed for which
prosecution may follow;
(f)
"Pawnbroker" means any person who lawfully exercises the trade of
rece1v1ng or taking goods as security for the repayment of money lent
thereon;
(g)
"Pawned Goods" means receiving or taking by way of pawn, pledge, or
exchange any goods for the repayment of money lent thereon;
(h)
"Peace Officer" means a Bylaw Enforcement Officer, a Community Peace
Officer or a member of the Royal Canadian Mounted Police;
Bylaw C27-22
Page 2
(i)
"Violation Ticket" means a Violation Ticket as defined in the Provincial
Offences Procedure Act.
2.
GENERAL PROVISIONS
(a)
If any portion of this Bylaw is declared invalid by a court of competent
jurisdiction, the invalid portion must then be severed and the remainder of
the Bylaw is deemed valid and enforceable.
(b)
All references in this Bylaw will be read with such changes in number and
gender as may be appropriate, and references shall be read as a corporation
or partnership, and pronouns shall be deemed to not be gender specific.
(c)
Nothing in this Bylaw relieves any person from compliance with any other
bylaw or applicable federal or provincial law, regulation or enactment.
(d)
No individual or business shall carry on the business of a Pawnbroker and
a second-hand dealer on the same premises.
(e)
No Pawnbroker shall employ a person under the age of eighteen (18) years
to take a Pawned Good from a customer as security for the repayment of
money lent thereon.
3.
POWERS OF THE PEACE OFFICER
(a)
The City Manager may appoint a Peace Officer to enforce the provisions of
this Bylaw.
(b)
The Peace Officer may carry out inspections of a business premises to
ensure the operation complies with this Bylaw.
(c)
The Peace Office may issue a Municipal Tag, as established by this Bylaw,
to any person who is in contravention of this Bylaw.
4.
PAWNSHOPS
(a)
A Pawnbroker shall keep a record in the English language in a form
satisfactory to the Peace Officer, which form shall include Electronic Means,
in which the following information will be permanently recorded at the time
of each transaction:
(i)
the full name of the employee who accepted the goods;
Bylaw C27 -22
Page 3
(ii)
the date and time of the transaction;
(iii)
the full name, date of birth, current residential address, current
telephone number, physical description (including sex, age, eye
colour, hair colour, height, weight, build and complexion) of the
person from whom the Pawned Goods were acquired or received;
(iv)
One piece of numbered identification and the identification being
issued by a Canadian government body containing a picture of the
person tendering the property.
(v)
a photograph of the person who has the Pawned Goods, a copy of
which photograph shall be attached to both the Pawned Goods and
to the electronic record described herein;
(vi)
a complete and accurate description of each of the Pawned Goods,
which shall include but is not limited to: make, colour, model, serial
number, manufacturer's name, and any distinguishing or identifying
marks or features;
(vii) a photograph of the Pawned Goods sufficient for identification, in the
opinion of the Peace Officer; and
(viii) the amount of money advanced in respect of the Pawned Goods.
(b)
A Pawnbroker shall:
(i)
Prior to receiving the information required in Subsection 4(a), obtain
from the person providing the Pawned Goods, written consent in a
form satisfactory to the Peace Officer, allowing the use of the
information collected in a manner consistent with the purpose of the
Bylaw;
(ii)
Create and upload an electronic record in a computer program
approved by the Peace Officer, in a format approved by the Peace
Officer; and
(iii)
Make available by 10:00 a.m. on the first business day following the
day on which the relevant transaction occurred the electronic
delivery of the information recorded in Subsection 4(a).
(c)
Where Pawned Goods have been redeemed , the person who returns the
goods in question shall accurately record :
Bylaw C27 -22
Page 4
(i)
their own name and the date the Pawned Goods were redeemed;
and
(ii)
the same information that is required in Subsection 4(a) relative to
the person who has redeemed the Pawned Goods.
(d)
No person shall receive or conduct any transaction concerning Pawned
Goods where it is evident that any serial number or other distinguishing
marks relating thereto have been altered or obliterated in any way.
(e)
Any person who records false, misleading or inaccurate information with
respect to a transaction referred to in Subsection 4(a), or who fraudulently
alters, obliterates or defaces any record of such a transaction is guilty of an
offence under this Bylaw.
(f)
The record which is required to be made pursuant to Subsections 4(a), 4(b)
and 4(c) shall be maintained by the person in who's business premises the
relevant transaction has taken place for a period of one (1) year from the
date of the transaction.
(g)
Every person shall at all times keep posted in a conspicuous location of their
business premises so as to be easily seen and read by persons pledging
Pawned Goods the following information:
(i)
the maximum interest rate allowed federally to be taken by persons;
and
(iii)
a detailed statement as to the manner in which the interest rate
charged by the person is calculated associated to the transaction.
(h)
At any time taking any pawn or pledge, the person conducting the
transaction shall deliver to the person pledging articles or Pawned Goods a
written or printed receipt containing:
(i)
the day, month and year on which the pledge is due;
(ii)
the amount of money advanced thereon;
(iii)
the interest rate charged by the person with respect to the
transaction; and
(iv)
the person's business name and address.
(i)
No person shall:
Bylaw C27-22
Page 5
(i)
take any Pawned Goods by way of pledge from any person under
the age of eighteen (18) years;
(ii)
receive or retain any Pawned Goods or articles as pledges or pawns
unless the person pledging the same accepts the receipt required
by Subsection 4(g);
(iii)
purchase or take in pawn , pledge or exchange the receipt required
pursuant to Subsection 4(g) which has been issued by any other
person;
(iv)
allow a person to redeem a Pawned Good unless the person has
first taken reasonable steps to ensure that the person redeeming
the item was the same person who pawned it;
U)
With the exception of Pawned Goods which are lawfully redeemed by the
person who pledged them or their agent, no person shall alter, repair,
forfeit, sell or dispose of, or in any way part with possession of Pawned
Goods which have been pledged until the expiration of forty-five (45) days
from the date such Pawned Goods were pledged, exclusive of the day of
pledging.
(k)
Notwithstanding Subsection 4U), if any longer period of retention has been
agreed upon by the parties to the transaction in which the Pawned Goods
were pledged, then that period must expire before the Pawned Goods may
be forfeited or sold.
(I)
Notwithstanding Subsections 4U) and 4(k), this Bylaw does not authorize
the sale, disposal or forfeiture of Pawned Goods, which is contrary to the
operation of any other law.
(m)
No person shall, during the periods stated in Subsections 4U) and 4(k),
remove or permit the removal of any Pawned Goods from the business
premises where they were originally acquired.
(n)
All Pawned Goods on the Business Premises of a person shall be kept
separate and apart from any other merchandise and no person shall
intermix or allow the intermixture of Pawned Goods with other
merchandise until such time that the periods stated in Subsections 4U) and
4(k) have expired.
(o)
Every person shall, during the normal business hours, permit the Peace
Bylaw C27-22
Page 6
Officer or authorized person to examine any Pawned Goods, which have
been pawned, or any of the records or books, which are pursuant to this
Bylaw, required to be kept in relation to the business of the person.
6. FINES AND PENAL TIES
(a) Any person who is in contravention of the Bylaw is guilty of an offence and is
subject to receive a Municipal Tag in the amount of $500.00 for the first offence.
(b) A person who is guilty of a subsequent offence within a period of twelve (12)
months is subject to receive a Municipal Tag or Violation Ticket, which is double
the amount of the previous offence.
(c) When a corporation or a partnership commits an offence under this Bylaw, every
principal, director, manager, employee or agent of the corporation/partnership who
authorized the act or omission that constitutes the offence, or assented to, or
agreed to, or participated in the act or omission that constitutes the offence, is
guilty of the offence.
(d) A Peace Officer is hereby authorized and empowered to issue a Municipal Tag or
Violation Ticket to any person whom the Peace Officer has reasonable grounds
to believe has contravened any provision of this Bylaw.
(e) A person who is guilty of an offence, upon summary conviction in provincial court,
is subject to a penalty not to exceed ten thousand dollars ($10,000.00), exclusive
of costs for breach thereof, or in a case of non-payment of the fine, or for the
imprisonment of not more than six months for non-payment of a fine, as per the
MGA.
7. INTERPRETATION
(a) If any portion of this Bylaw is declared invalid by a court of competent jurisdiction,
the invalid portion must then be severed and the remainder of the Bylaw is deemed
valid and enforceable.
(b) All references in this Bylaw will be read with such changes in number and gender
as may be appropriate, and references shall be read as a corporation or partnership,
and pronouns shall be deemed to not be gender specific.
(c) The insertion of headings is for convenience of reference only and shall not be
construed so as to affect the interpretation or construction of this Bylaw.
Bylaw C27 -22
Page 7
(d) Wherever the provisions of this Bylaw are or are deemed to be in at variance with
each other, the more restrictive of the two provisions shall apply.
(e) Any reference in this Bylaw to provisions of statute, rules or regulations, shall be
deemed to include references to such provisions as amended, modified or re-
enacted from time to time.
(f) Nothing in this Bylaw relieves any person from compliance with any other bylaw or
applicable federal or provincial law, regulation or enactment.
8. EFFECTIVE DATE
(a)
This Bylaw becomes effective upon third and final reading, and has been duly
signed .
READ a first time in Council this
11 th
day of
READ a second time in Council this 11 th day of
READ a third time in Council this 11 th
day of
October
October
October
A.O. 2022.
A.O. 2022.
A.O. 2022.
Date Signed: October 11, 2022