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Monday, August 21, 2017
Financial and Consumer Affairs Authority

Report Unfair Auction Practices

Consumers or business operators are urged to report unlicensed auctions, licensing violations, concerns with the Consumer Protection Division. Fair auctions benefit everyone.

Enforcement

License Suspensions [section 13]
The registrar may suspend or cancel a licence upon any grounds on which he might have refused to grant the licence or where he is satisfied that the licensee:

(a) has violated any provision of this Act or has failed to comply with any of the terms, conditions or restrictions to which his licence is subject;
(b) has made a material mis-statement in the application for his licence or in any of the information or material submitted by him to the registrar;
(c) is guilty of any misrepresentation, fraud or dishonesty; or
(d) has demonstrated his incompetency, unfitness or untrustworthiness to carry on the business in respect of which his licence was granted.

Where the licence of an auction sales company is suspended or cancelled, the licence of the authorized official of that auction sales company shall be automatically terminated.

Where a licence is suspended or cancelled under subsection (1), the suspension or cancellation is effective on and from the day on which the notice of suspension or cancellation is served on the licensee.

Where a bond filed by a person under this Act is terminated, the licence of that person is automatically suspended and shall remain suspended until the person files with the registrar a new bond in the amount and form required.

 

Request for a Hearing [section 14]
An applicant for a licence or a licensee who is dissatisfied with a decision of the registrar under this Act may, within thirty days from the date of the decision, apply in writing to the registrar for a hearing.

The applicant or licensee may be represented by counsel in any hearing before
the registrar.

A person who is dissatisfied with a hearing decision of the registrar under section 14 or under subsection (3) of section 17 may, within thirty days from the date of the decision, appeal to a judge of the Court of Queen’s Bench. There shall be no further appeal.

 

Prosecution Penalties [section 24]
A person who is guilty of an offence against The Auctioneers Act is liable on summary conviction to a fine of not more than $1,000 and in default of payment to imprisonment for a term not exceeding six months or, in the case of a corporation, to a fine of not more than $5,000.

If a prosecution occurs, there are penalties for companies or individuals who are found guilty of failing to follow the Act:

The Summary Offences Procedures Act, 1990 (SOPA)
SOPA Regulation 5 provide for tickets which carry a fine to be issued for certain breaches of The Auctioneers Act:

5 Offences pursuant to the following Acts, regulations and bylaws, other than the offences set out in Part 3 of the Appendix, are designated as offences for which proceedings may be commenced pursuant to Part III of the Act by the issuance of a summons ticket:
… (z) The Auctioneers Act;

The Auctioneers Act breaches subject to SOPA are set out in Table 37 of the SOPA Regulations:

1 Carrying on the business of an auction sales company without licence
$250 for individuals;
$500 for corporations

2 Carrying on the business of an auctioneer without licence
$250

3 Holding oneself to be an auction sales companywithout having a licence
$250 for individuals
$500 for corporations

4 Engaging, employing, appointing, authorizing or permitting any person, without a licence, to do any of the things with respect to which a licence is required
$250 for individuals
$500 for corporations

5 Not complying with the terms, conditions and restrictions to which the licence is subject 11(3)
$250 for individuals;
$500 for corporations

6 Failing to provide information as requested 12
$250 for individuals;
$500 for corporations

7 Putting an advertisement in print without the name of the auction company and the provincial licence number
$250 for individuals;
$500 for corporations

Filing a Complaint

Any consumer or business operator may file either a formal or an anonymous complaint with the Consumer Protection Division if they are of the opinion that a breach of The Auctioneers Act has occurred. For more information contact:

Registrar, The Auctioneers Act
Consumer Protection Division
Financial and Consumer Affairs Authority of Saskatchewan 
500, 1919 Saskatchewan Dr.
Regina, SK S4P 4H2
Phone: (306) 787-5550 Fax: (306) 787-9779
Toll-free in Saskatchewan: 1-877-880-5550
E-mail: consumerprotection@gov.sk.ca

Formal Complaints – Fill out a written formal complaint if you are requesting the Division to conduct an investigation into your specific direct sellers concern. Attach any evidence (receipts, contracts, witnesses, photos) that may assist with the investigation. A letter with details or a completed complaint form can be mailed or faxed. You will be contacted and kept informed of the progress.

Anonymous Complaint – You may also file an anonymous complaint, however there must be some evidence of wrongdoing supplied to support your concern. Since the complaint is filed anonymously, you will not be personally informed of the Division’s actions or findings. An anonymous letter can be mailed or faxed to our attention.

Consumer Protection Division Complaint Form – To file a complaint, click on the link to the left, print off and submit our complaint form to the address listed above.

Contact information

FCCA
Registrar, The Auctioneers Act
Consumer Protection Division
Suite 500, 1919 Saskatchewan Dr.
Regina, SK S4P 4H2
Phone: (306) 787-5550 Fax: (306) 787-9779
Toll-free 1-877-880-5550
E-mail: consumerprotection@gov.sk.ca

Email inquiries will be responded to via email. If the sender does not wish a reply in this fashion, please indicate such in your message.



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