C-24 - Highway Code

Section 22 Disposition versions

1987-12-01

22. (Replaced).

R. S. 1964, c. 231, s. 23; 1978, c. 9, s. 360; 1980, c. 38, s. 18; 1986, c. 91, s. 674.

1980-12-24

22. (1)  No person may deal in motor vehicles without having obtained from the Régie a licence to that effect, upon payment to the Régie of the following fees:

(a)  If his establishment be situated in the cities of Québec, Montréal, Westmount, Outremont, Verdun or Lachine, $20;

(b)  If it be situated in any other city, $10;

(c)  If it be situated in any other municipality, $5; and unless such licence be in force.

If such person’s establishment is at the same time a garage, and if he has paid, for the same year, the fee required for a garage licence, such payment shall exempt him from the payment of the fee on his dealer’s license.

No such licence may be issued before the person applying therefor shall have furnished the Régie with security for the purpose of guaranteeing to the owner of a stolen motor vehicle, sold by such person, the reimbursement of the price which such owner has paid to any buyer of such motor vehicle, in order to recover the possession by way of revendication as stolen property. In such a case, the owner shall be entitled to claim in his own name, from the dealer and from his surety, the price which he has paid to the buyer. Such security must also guarantee the execution of a judgment or of a transaction terminating a civil suit instituted under the Consumer Protection Act (chapter P-40.1) between a consumer and the holder of a licence.

Such security shall be given by means of a guarantee policy issued by a company authorized to act as surety in Québec, and for the amount determined by the Minister; it shall contain a waiver of the benefit of discussion on the part of the surety, and shall cover all the motor vehicle sales effected by the person for whom the security is given, during the existence of such security.

No surety may terminate the security before the expiration or the cancellation of the licence.

The dealer who is the holder of a licence, under the authority of this subdivision, must keep such licence posted up in a conspicuous place in his establishment, and must mention the number of such license and the date when it will expire, in every document establishing the sale of a motor vehicle which he effects while his licence remains in force.

No sale of a motor vehicle effected by a person who is not licensed under the authority of this subdivision, shall be deemed to have been made by a dealer in motor vehicles.

(2)  No person may offer for sale or sell a motor vehicle in a fair or market, or at auction or at a public sale other than that effected according to law, unless such person shall have:

(a)  Furnished the Régie with security for the purpose of guaranteeing to the buyer that he is the owner of such motor vehicle, and also of guaranteeing to the owner of a stolen motor vehicle, sold by such person, the reimbursement of the price which such owner has paid to any buyer of such motor vehicle, in order to recover the possession by way of revendication as stolen property. In such a case, the owner shall be entitled to claim in his own name, from the dealer and from his surety, the price which he has paid to the buyer; and

(b)  Obtained from the Régie a permit for the public sale of such motor vehicle in any of the ways above indicated; and

(c)  Deliver such permit to his buyer.

Such security shall be given in the manner indicated in subsection 1 of this section; it shall contain a waiver of the benefit of discussion on the part of the surety, and shall continue for one year from the date of the sale.

(3)  The Government may subject the issue of a dealer’s licence or of a permit for the public sale of a motor vehicle to such other conditions as it may deem advisable.

(4)  When a motor vehicle is sold by the owner or operator of a garage or by a person authorized to make a transaction of that kind, the vendor shall deliver to the purchaser, at the time of the sale, a certificate indicating whether or not such vehicle complies with the requirements of the law.

R. S. 1964, c. 231, s. 23; 1978, c. 9, s. 360; 1980, c. 38, s. 18.

The fee provided for in subsection 1 was replaced by R.R.Q., 1981, c. C-24, r. 16, which was replaced by O.C. 3091-82 of 82.12.21 (1982) 114 G.O. 2, 3761 and by O.C. 612-84 of 84.03.14 (1984) 116 G.O. 2, 1292.

1980-04-30

22. (1)  No person may deal in motor vehicles without having obtained from the Bureau a licence to that effect, upon payment to the Bureau of the following fees:

(a)  If his establishment be situated in the cities of Québec, Montréal, Westmount, Outremont, Verdun or Lachine, twenty dollars;

(b)  If it be situated in any other city, ten dollars;

(c)  If it be situated in any other municipality, five dollars; and unless such licence be in force.

If such person’s establishment is at the same time a garage, and if he has paid, for the same year, the fee required for a garage licence, such payment shall exempt him from the payment of the fee on his dealer’s license.

No such licence may be issued before the person applying therefor shall have furnished the Bureau with security for the purpose of guaranteeing to the owner of a stolen motor vehicle, sold by such person, the reimbursement of the price which such owner has paid to any buyer of such motor vehicle, in order to recover the possession by way of revendication as stolen property. In such a case, the owner shall be entitled to claim in his own name, from the dealer and from his surety, the price which he has paid to the buyer. Such security must also guarantee the execution of a judgment or of a transaction terminating a civil suit instituted under the Consumer Protection Act (chapter P-40.1) between a consumer and the holder of a licence.

Such security shall be given by means of a guarantee policy issued by a company authorized to act as surety in Québec, and for the amount determined by the Minister; it shall contain a waiver of the benefit of discussion on the part of the surety, and shall cover all the motor vehicle sales effected by the person for whom the security is given, during the existence of such security.

No surety may terminate the security before the expiration or the cancellation of the licence.

The dealer who is the holder of a licence, under the authority of this subdivision, must keep such licence posted up in a conspicuous place in his establishment, and must mention the number of such license and the date when it will expire, in every document establishing the sale of a motor vehicle which he effects while his licence remains in force.

No sale of a motor vehicle effected by a person who is not licensed under the authority of this subdivision, shall be deemed to have been made by a dealer in motor vehicles.

(2)  No person may offer for sale or sell a motor vehicle in a fair or market, or at auction or at a public sale other than that effected according to law, unless such person shall have:

(a)  Furnished the Bureau with security for the purpose of guaranteeing to the buyer that he is the owner of such motor vehicle, and also of guaranteeing to the owner of a stolen motor vehicle, sold by such person, the reimbursement of the price which such owner has paid to any buyer of such motor vehicle, in order to recover the possession by way of revendication as stolen property. In such a case, the owner shall be entitled to claim in his own name, from the dealer and from his surety, the price which he has paid to the buyer; and

(b)  Obtained from the Bureau a permit for the public sale of such motor vehicle in any of the ways above indicated; and

(c)  Deliver such permit to his buyer.

Such security shall be given in the manner indicated in subsection 1 of this section; it shall contain a waiver of the benefit of discussion on the part of the surety, and shall continue for one year from the date of the sale.

(3)  The Government may subject the issue of a dealer’s licence or of a permit for the public sale of a motor vehicle to such other conditions as it may deem advisable.

(4)  When a motor vehicle is sold by the owner or operator of a garage or by a person authorized to make a transaction of that kind, the vendor shall deliver to the purchaser, at the time of the sale, a certificate indicating whether or not such vehicle complies with the requirements of the law.

R. S. 1964, c. 231, s. 23; 1978, c. 9, s. 360.

The fee provided for in subsection 1 was replaced by O.C. 4117-77 of 30.11.77, (1977) 109 G.O. II, 7155.

1977-12-31

22. (1)  No person may deal in motor vehicles without having obtained from the Bureau a licence to that effect, upon payment to the Bureau of the following fees:

(a)  If his establishment be situated in the cities of Québec, Montréal, Westmount, Outremont, Verdun or Lachine, twenty dollars;

(b)  If it be situated in any other city, ten dollars;

(c)  If it be situated in any other municipality, five dollars; and unless such licence be in force.

If such person’s establishment is at the same time a garage, and if he has paid, for the same year, the fee required for a garage licence, such payment shall exempt him from the payment of the fee on his dealer’s license.

No such licence may be issued before the person applying therefor shall have furnished the Bureau with security for the purpose of guaranteeing to the owner of a stolen motor vehicle, sold by such person, the reimbursement of the price which such owner has paid to any buyer of such motor vehicle, in order to recover the possession by way of revendication as stolen property. In such a case, the owner shall be entitled to claim in his own name, from the dealer and from his surety, the price which he has paid to the buyer.

Such security shall be given by means of a guarantee policy issued by a company authorized to act as surety in Québec, and for the amount determined by the Minister; it shall contain a waiver of the benefit of discussion on the part of the surety, and shall cover all the motor vehicle sales effected by the person for whom the security is given, during the existence of such security.

No surety may terminate the security before the last day of February following the date of the issue of the guarantee policy; and the license shall cease to be in force from the moment that the security ceased to exist.

The dealer who is the holder of a licence, under the authority of this subdivision, must keep such licence posted up in a conspicuous place in his establishment, and must mention the number of such license and the date when it will expire, in every document establishing the sale of a motor vehicle which he effects while his licence remains in force.

No sale of a motor vehicle effected by a person who is not licensed under the authority of this subdivision, shall be deemed to have been made by a dealer in motor vehicles.

(2)  No person may offer for sale or sell a motor vehicle in a fair or market, or at auction or at a public sale other than that effected according to law, unless such person shall have:

(a)  Furnished the Bureau with security for the purpose of guaranteeing to the buyer that he is the owner of such motor vehicle, and also of guaranteeing to the owner of a stolen motor vehicle, sold by such person, the reimbursement of the price which such owner has paid to any buyer of such motor vehicle, in order to recover the possession by way of revendication as stolen property. In such a case, the owner shall be entitled to claim in his own name, from the dealer and from his surety, the price which he has paid to the buyer; and

(b)  Obtained from the Bureau a permit for the public sale of such motor vehicle in any of the ways above indicated; and

(c)  Deliver such permit to his buyer.

Such security shall be given in the manner indicated in subsection 1 of this section; it shall contain a waiver of the benefit of discussion on the part of the surety, and shall continue for one year from the date of the sale.

(3)  The Gouvernement may subject the issue of a dealer’s licence or of a permit for the public sale of a motor vehicle to such other conditions as it may deem advisable.

(4)  When a motor vehicle is sold by the owner or operator of a garage or by a person authorized to make a transaction of that kind, the vendor shall deliver to the purchaser, at the time of the sale, a certificate indicating whether or not such vehicle complies with the requirements of the law.

R. S. 1964, c. 231, s. 23.