4(1)This Act or any provision of this Act or the regulations or any provision of the regulations does not apply to

4(2)A person exempted under paragraph (1)(c) from the application of this Act or the regulations or any provision of this Act or regulations shall comply with any terms or conditions prescribed by regulation.

5(1)If the Director considers it appropriate to do so, the Director may, by order and subject to any terms and conditions the Director considers appropriate, exempt any person or class of persons from the application of this Act or any provision of it or from the application of the regulations or any provision of the regulations.

5(2)An order under subsection (1) may be made on the Director’s own motion or on the application of an interested person.

5(3)An order under subsection (1) may be retroactive in its operation.

5(4)A person to whom an order under subsection (1) applies shall comply with the terms and conditions imposed by the Director under that subsection.

6(1)No person shall request or require a person to waive or release the person’s rights, benefits or protections under this Act or the regulations except to the extent that the waiver or release is expressly permitted by this Act or the regulations.

6(2)Any waiver or release given by a person of the person’s rights, benefits or protections under this Act or the regulations is void except to the extent that the waiver or release is expressly permitted by this Act or the regulations.

6(3)Any limit imposed on a person’s rights, benefits or protections under this Act or the regulations is void except to the extent that the limit is expressly permitted by this Act or the regulations.

9(1)Subject to subsection (2), this Part applies to

9(2)This Part only applies to an unfair practice that occurs on or after the commencement of this section.

10(1)It is an unfair practice for a supplier

10(2)Without limiting subsection (1), the following are unfair practices if they are directed at one or more consumers or potential consumers:

11(1)No person shall engage in an unfair practice.

11(2)In determining whether a person has engaged in an unfair practice, the general impression given by the alleged unfair practice may be considered as well as the literal meaning of the representation or the terms and conditions of the consumer agreement.

11(3)If it is alleged that a supplier has engaged in an unfair practice, the onus is on the supplier to prove that the supplier has not engaged in the unfair practice.

12(1)No person shall publish a supplier’s advertisement for goods or services if the advertisement contains an unfair practice.

12(2)Subsection (1) does not apply to a person who publishes a supplier’s advertisement in good faith and in the ordinary course of business.

13(1)An unfair practice may occur

13(2)An unfair practice may consist of a single act or omission.

13(3)An unfair practice is an unfair practice for the purposes of this Part even if

14(1)A consumer may cancel, at no cost or penalty to the consumer, a consumer agreement, whether written or oral, that was entered into by the consumer and a supplier who engaged in an unfair practice regarding the consumer transaction, whether the unfair practice occurred before or at the time the consumer agreement was entered into or afterwards.

14(2)A consumer is entitled to recover the amount by which the consumer’s payment under the consumer agreement exceeds the value of the goods or services or to recover damages, or both, if cancellation of the consumer agreement is not possible because

14(3)When a consumer cancels a consumer agreement, the cancellation operates to cancel, as if they never existed,

14(4)The cancellation right under this section is in addition to, and does not affect, any other right or remedy the consumer has under a consumer agreement or at law.

15(1)A consumer who wishes to cancel a consumer agreement under subsection 14(1) or to seek recovery under subsection 14(2) is required to give notice within one year after entering into the consumer agreement.

15(2)A consumer may give notice in any manner as long as the notice meets any requirements prescribed by regulation and indicates

15(3)A consumer may give a notice to a supplier by

15(4)A notice that is given in accordance with paragraph (3)(b) shall be deemed to have been given when sent.

15(5)The consumer may give the notice to the supplier with whom the consumer entered into the consumer agreement at the address set out in the agreement, or, if the consumer did not receive a written copy of the agreement or if the address of the supplier was not set out in the agreement, the consumer may give the notice

15(6)If a consumer has given notice and has not received a satisfactory response within the period prescribed by regulation, the consumer may commence an action in the Court of King’s Bench under section 16.

16(1)A consumer who has entered into a consumer agreement who has suffered damage or loss due to an unfair practice in respect of that consumer agreement may apply to the Court of King’s Bench to commence an action against any supplier who engaged in or acquiesced in the unfair practice that caused that damage or loss.

16(2)A consumer referred to in subsection 15(6) may apply to the Court of King’s Bench to commence an action against the supplier with whom the consumer entered into the consumer agreement.

16(3) In an action commenced under subsection (1) or (2), the Court of King’s Bench may

16(4)In determining whether to grant any relief under this section and the nature and extent of the relief, the Court of King’s Bench shall consider whether the consumer made a reasonable effort to minimize any damage resulting from the unfair practice and to resolve the dispute with the supplier before commencing the action.

16(5)The Court of King’s Bench may award costs in accordance with the Rules of Court.

17(1)Subject to the jurisdiction of the Small Claims Court, a consumer may apply to that court to commence an action under subsection 16(1) or (2).

17(2)Section 19 does not apply to an action commenced under subsection (1).

18(1) Oral evidence respecting an unfair practice is admissible in an action commenced under section 16 despite the existence of a written consumer agreement and despite the fact that the oral evidence relates to a representation in respect of a term, condition or undertaking that is not provided for in the consumer agreement.

18(2)The court may disregard the requirement that the consumer give notice under subsection 15(1) or any requirement relating to the notice if it considers that it is in the interest of justice to do so.

19(1)A consumer who commences an action under section 16 shall serve the Director with a copy of the statement of claim.

19(2)On being served under subsection (1), the Director may, on notice to all parties to the action, apply to the Court of King’s Bench to be added as a party.

20(1)Each person who engages in an unfair practice is jointly and severally liable with the supplier who entered into a consumer agreement that was subject to the unfair practice with a consumer for any amount to which the consumer is entitled.

20(2)If a consumer agreement to which section 14 applies has been assigned or if any right to payment under that consumer agreement has been assigned, the liability of the person to whom it has been assigned is limited to the amount paid to that person by the consumer.

21(1)The following definitions apply in this Part.

21(2)The following goods or services are not considered unsolicited goods or services:

22(1)Subject to subsection (2), this Part applies to unsolicited goods or services that are

22(2)This Part only applies to unsolicited goods or services that are supplied or received on or after the commencement of this section.

23(1)A consumer is not liable to pay for and has no other legal obligations in respect of unsolicited goods or services unless and until the consumer expressly acknowledges to the supplier in writing the intention to accept the goods or services.

23(2)Unless the consumer has given the acknowledgement referred to in subsection (1), the supplier does not have a claim for any loss, use, misuse, possession, damage or misappropriation in respect of the goods or services or the value obtained by the use of the goods or services.

23(3)A request for goods or services shall not be inferred solely on the basis of payment, inaction, the passage of time or the purchase of similar goods or services.

23(4)No supplier shall demand payment or make any representation that suggests that a consumer is required to make payment in respect of any unsolicited goods or services despite their use, receipt, misuse, loss, damage or theft.

23(5)If it is alleged that a supplier has supplied unsolicited goods or services, the onus is on the supplier to prove that the goods or services supplied were not unsolicited goods or services.

24(1)If a consumer is being supplied with goods or services under an ongoing consumer transaction and there is a material change in the goods or services, or in the supply of the goods or services, the goods or services are deemed to be unsolicited goods or services from the time of the material change unless the supplier is able to establish that the consumer consented to the material change.

24(2)Subject to subsection (3), a supplier may rely on a consumer’s consent to the material change if that consent is made by any method that permits the supplier to produce evidence to establish the consumer’s consent, and the supplier shall bear the onus of proving the consumer’s consent.

24(3)A supplier does not establish a consumer’s consent by providing notice to the consumer to the effect that the supplier will supply the materially changed goods or services to the consumer unless the consumer instructs the supplier not to supply the goods or services.

25(1)A consumer who pays for unsolicited goods or services may give to the supplier a demand in writing for a refund from the supplier within the period prescribed by regulation if the consumer did not expressly acknowledge to the supplier in writing the intention to accept the goods or services.

25(2)A demand is sufficient if it indicates, in any way, the intention of the consumer to demand a refund of a payment made for unsolicited goods or services.

25(3)If a supplier receives a demand for a refund, the supplier shall refund to the consumer all money received in respect of the unsolicited goods or services within the period prescribed by regulation.

28(1)Subject to subsection (2), this Division applies to a distance sales contract or internet sales contract that is entered into, amended or renewed on or after the commencement of this section in which

28(2)This Division does not apply to a distance sales contract or internet sales contract

29(1)Before entering into a distance sales contract with a consumer, a supplier shall disclose to the consumer the information prescribed by regulation.

29(2)A distance sales contract shall contain the information prescribed by regulation.

29(3)A supplier shall provide a consumer who enters into a distance sales contract with a copy of the contract in writing or electronic form within 15 days after the contract is entered into.

29(4)For the purposes of subsection (3), a supplier is considered to have provided the consumer with a copy of the distance sales contract if the copy is provided in accordance with the regulations.

30(1)Before entering into an internet sales contract with a consumer, a supplier shall

30(2)An internet sales contract shall contain the information prescribed by regulation.

30(3)A supplier shall provide a consumer who enters into an internet sales contract with a copy of the contract in writing or electronic form within 15 days after the contract is entered into.

30(4)For the purposes of subsection (3), a supplier is considered to have provided the consumer with a copy of the internet sales contract if the copy is provided in accordance with the regulations.

31(1)At any time within seven days after receiving a copy of the contract, a consumer may cancel

31(2)Within 30 days after the contract is entered into, a consumer may cancel

31(3)A consumer may cancel a distance sales contract or internet sales contract at any time before accepting the delivery of the goods or the supply of the services under the contract if the supplier fails to

31(4)For the purposes of subsection (3), a supplier is deemed to have

32(1)A distance sales contract or internet sales contract is cancelled under section 31 when the consumer gives the supplier a notice of cancellation in accordance with this section.

32(2)A notice of cancellation is adequate if it indicates the intention of the consumer to cancel the distance sales contract or internet sales contract.

32(3)A notice of cancellation may be given to the supplier by any means, including, but not limited to, personal service, registered mail, prepaid courier, fax and email.

32(4)If a notice of cancellation is given other than by personal service, the notice shall be deemed to have been given when sent.

34(1)A cancellation of a distance sales contract or internet sales contract under section 31 operates to cancel the contract as if the contract had never existed.

34(2)A cancellation of a distance sales contract or internet sales contract also operates to cancel the following as if the contract had never existed:

34(3)If credit is extended or arranged by the supplier, the credit agreement is conditional on the distance sales contract or internet sales contract whether or not the credit agreement is a part of or attached to the contract, and, if the distance sales contract or internet sales contract is cancelled, that cancellation has the effect of cancelling the credit agreement as if the contract had never existed.

35(1)If a distance sales contract or internet sales contract is cancelled under section 31, the supplier shall refund to the consumer all consideration paid by the consumer under the contract and any related consumer agreement, whether paid to the supplier or another person, within 15 days after the date of cancellation.

35(2)If goods are delivered to a consumer under a distance sales contract or internet sales contract that is cancelled under section 31, the consumer shall return the goods to the supplier in accordance with the requirements of and in the manner prescribed by regulation.

35(3)If a consumer returns goods to a supplier in accordance with the regulations, the supplier shall comply with the requirements prescribed by regulation with respect to the return of the goods.

35(4)If a consumer has cancelled a distance sales contract or internet sales contract under section 31 and has not met the consumer’s obligations under this section and the regulations, the supplier or the person to whom the obligation is owed may commence an action in the Court of King’s Bench.

37(1)If a consumer has cancelled a distance sales contract or internet sales contract under section 31 and the supplier has not refunded all the consideration paid by the consumer within the 15-day period referred to in subsection 35(1) and the consumer has charged all or any part of the consideration payable under the distance sales contract or internet sales contract or related consumer agreement to a credit card account, the consumer may request the credit card issuer to cancel or reverse the credit card charge and any associated interest or other charges.

37(2)A request under subsection (1) shall be in writing or electronic form and contain the information prescribed by regulation.

37(3)The credit card issuer shall acknowledge the consumer’s request within 30 days after receiving it, and if the request meets the requirements of subsection (2), the credit card issuer shall cancel or reverse the credit card charge and any associated interest or other charges within two complete billing cycles of the credit card issuer or 90 days, whichever occurs first.

37(4)A request under subsection (1) may be given to the credit card issuer by any means, including, but not limited to, personal service, registered mail, prepaid courier, fax and email.

37(5)If a request under subsection (1) is given other than by personal service, the request shall be deemed to have been given when sent.

38(1)Subject to subsections (2) and (3), this Division applies to a future performance contract that is entered into, amended or renewed on or after the commencement of this section in which

38(2)This Division does not apply to a future performance contract

38(3)This Division does not apply to a provision or part of a future performance contract that relates to the supply of rewards points.

39(1)A future performance contract shall contain the information prescribed by regulation.

39(2)A supplier shall provide a consumer who enters into a future performance contract with a copy of the contract in writing or electronic form within 15 days after the contract is entered into.

39(3)For the purposes of subsection (2), a supplier is considered to have provided the consumer with a copy of the future performance contract if the copy is provided in accordance with the regulations.

40(1)A consumer may cancel a future performance contract not later than one year after the date on which the contract is entered into if

40(2)A consumer is entitled to recover the amount by which the consumer’s payment under a future performance contract exceeds the value of the goods or services if cancellation of the future performance contract is not possible because

40(3)A consumer may cancel a future performance contract at any time before accepting the delivery of the goods or the supply of the services under the contract if the supplier fails to

40(4)For the purposes of subsection (3), a supplier is deemed to have

41(1)A future performance contract is cancelled under section 40 when the consumer gives the supplier a notice of cancellation in accordance with this section.

41(2)A notice of cancellation is adequate if it indicates the intention of the consumer to cancel the future performance contract or to seek recovery if cancellation is not possible.

41(3)A consumer may give a notice of cancellation to a supplier by

41(4)A notice of cancellation that is given in accordance with paragraph (3)(b) shall be deemed to have been given when sent.

41(5)The consumer may give the notice of cancellation to the supplier at the address set out in the future performance contract or, if the consumer did not receive a copy of the contract or if the address of the supplier was not set out in the contract, the consumer may send the notice

43(1)A cancellation of a future performance contract under section 40 operates to cancel the contract as if the contract had never existed.

43(2)A cancellation of a future performance contract also operates to cancel the following as if the contract had never existed:

43(3)If credit is extended or arranged by the supplier, the credit agreement is conditional on the future performance contract whether or not the credit agreement is a part of or attached to the contract, and if the future performance contract is cancelled, that cancellation has the effect of cancelling the credit agreement as if the contract had never existed.

44(1)If a future performance contract is cancelled under section 40, the supplier shall refund to the consumer all consideration paid by the consumer under the contract and any related consumer agreement, whether paid to the supplier or another person, within 15 days after the date of cancellation.

44(2)If a future performance contract is cancelled under section 40, the consumer shall, in accordance with the requirements prescribed by regulation and in the manner prescribed by regulation, return the goods to the supplier or allow the goods to be repossessed or dealt with in any manner prescribed by regulation.

44(3)If a consumer has cancelled a future performance contract under section 40 and has not met the consumer’s obligations under this section and the regulations, the supplier or the person to whom the obligation is owed may commence an action in the Court of King’s Bench.

46(1) Subject to subsection (2), if a future performance contract is cancelled under section 40, the supplier shall, in accordance with the requirements prescribed by regulation, cancel any future payments or charges that have been authorized by the consumer.

46(2) Subsection (1) does not apply in the following circumstances:

47(1)If a consumer has cancelled a future performance contract under section 40 and the supplier has not refunded all the consideration paid by the consumer within the 15-day period referred to in subsection 44(1) and the consumer has charged all or any part of the consideration payable under the future performance contract or related consumer agreement to a credit card account, the consumer may request the credit card issuer to cancel or reverse the credit card charge and any associated interest or other charges.

47(2)A request under subsection (1) shall be in writing or electronic form and contain the information prescribed by regulation.

47(3)The credit card issuer shall acknowledge the consumer’s request within 30 days after receiving it, and if the request meets the requirements of subsection (2), the credit card issuer shall cancel or reverse the credit card charge and any associated interest or other charges within two complete billing cycles of the credit card issuer or 90 days, whichever occurs first.

47(4)A request under subsection (1) may be given to the credit card issuer by any means, including, but not limited to, personal service, registered mail, prepaid courier, fax or email.

47(5)If a request under subsection (1) is given other than by personal service, the request shall be deemed to have been given when sent.

48(1)Subject to subsection (2), this Division applies to a personal development services contract that is entered into, amended or renewed on or after the commencement of this section in which

48(2)This Division does not apply to a personal development services contract

49(1)A personal development services contract shall be made in accordance with the regulations and shall contain the information prescribed by regulation.

49(2)The term of a personal development services contract shall not exceed the period prescribed by regulation.

49(3)A supplier shall provide a consumer who enters into a personal development services contract with a copy of the contract in writing or electronic form.

50(1)A personal development services contract for a term that exceeds the period referred to in subsection 49(2) is void.

50(2)The term of a personal development services contract begins on the date that all the personal development services that are the subject of the contract are available to the consumer.

51(1)No supplier shall require or accept payment for personal development services from a consumer if

51(2)Subject to section 52, if a supplier accepts a payment from a consumer in the circumstances set out in paragraph (1)(a), (b) or (c), the supplier shall, on the demand of the consumer, refund to the consumer all the consideration received.

52(1)Paragraph 51(1)(c) does not apply if one of the personal development services that is not available to the consumer is the use of a facility and the consumer has, in accordance with any requirements prescribed by regulation, entered into an agreement with the supplier to use another facility provided by the supplier until the facility that is the subject of the personal development services contract is available or until the expiry of the period prescribed by regulation, whichever occurs first.

52(2)Subsection 51(2) does not apply if the consumer has, in accordance with any requirements prescribed by regulation, given the supplier permission to retain a payment made by the consumer in the circumstances set out in paragraph 51(1)(c).

52(3)An agreement referred to in subsection (1) and a permission referred to in subsection (2) shall contain any information prescribed by regulation and shall be valid for the period prescribed by regulation.

52(4)On the expiry of the period referred to in subsection (3), the consumer may, in accordance with any requirements prescribed by regulation, enter into a subsequent agreement with the supplier or give a subsequent permission to the supplier.

52(5)For the purposes of subsection (1), if a facility that is the subject of a personal development services contract is not available, the supplier may provide a website as another facility for the supply of personal development services over the Internet.

53(1)A provision of a personal development services contract that provides for the renewal of the contract is not valid unless the supplier provides the consumer with a reminder notice about the renewal within the period and in the manner prescribed by regulation.

53(2)A personal development services contract that provides for the renewal of the contract shall be deemed not to be renewed if before the time for renewal the consumer notifies the supplier that the consumer does not want to renew the contract.

53(3)Subsections (1) and (2) do not apply to a personal development services contract that provides for successive monthly renewals if the consumer has the option of terminating the contract on one month’s notice or less.

55(1)A personal development services contract is cancelled under section 54 when the consumer gives the supplier a notice of cancellation in accordance with this section.

55(2)A notice of cancellation is adequate if it indicates the intention of the consumer to cancel the personal development services contract.

55(3)A consumer may give a notice of cancellation to a supplier by

55(4)A notice of cancellation that is given in accordance with paragraph (3)(b) shall be deemed to have been given when sent.

55(5)The consumer may give the notice of cancellation to the supplier at the address set out in the personal development services contract or, if the consumer did not receive a written copy of the contract or if the address of the supplier was not set out in the contract, the consumer may send the notice

57(1)If a personal development services contract is cancelled under section 54, the supplier shall refund to the consumer all consideration paid by the consumer under the contract and any related consumer agreement, whether paid to the supplier or another person, within 15 days after the date of cancellation.

57(2) If a personal development services contract is cancelled under section 54, the supplier shall cancel any future payments or charges that have been authorized by the consumer under the contract.

57(3)If a personal development services contract is cancelled under section 54, the consumer shall, in accordance with the requirements prescribed by regulation and in the manner prescribed by regulation, return any goods supplied in relation to the personal development services contract to the supplier or allow the goods to be repossessed or dealt with in any manner prescribed by regulation.

57(4)If a consumer has cancelled a personal development services contract under section 54 and has not met the consumer’s obligations under this section and the regulations, the supplier or the person to whom the obligation is owed may commence an action in the Court of King’s Bench.

60(1)No supplier shall enter into a new personal development services contract with a consumer with whom the supplier has an existing personal development services contract unless the new contract is for personal development services that are distinctly different from those provided under the existing personal development services contract.

60(2)Any new personal development services contract entered into in contravention of subsection (1) is void.

60(3)If a supplier accepts a payment from a consumer for a personal development services contract referred to in subsection (2), the supplier shall, on the demand of the consumer, refund to the consumer all the consideration received.

60(4)For the purposes of subsection (1), a different term or a different commencement date does not constitute a distinct difference in the personal development services to be provided.

60(5)Nothing in this section prevents a personal development services contract from being renewed during the term of the contract if it meets the requirements under subsection 53(1).

62(1)Subject to subsection (2), this Division applies to a gift card agreement entered into, amended or renewed on or after the commencement of this section in which

62(2)This Division does not apply to

63(1)No supplier shall issue or sell a gift card that has an expiry date unless it is permitted by the regulations.

63(2)If a gift card is issued or sold with an expiry date in contravention of subsection (1) but is otherwise valid, it is redeemable as if it had no expiry date.

63(3)A gift card that is issued or sold without an expiry date is valid until fully redeemed or replaced.

64(1)No supplier shall issue or sell a gift card for less than the value of the payment made by the consumer who purchases the gift card.

64(2)No supplier shall charge a fee to a consumer who purchases or holds a gift card for anything in relation to the gift card unless it is permitted by the regulations.

64(3)A consumer who paid a fee that was charged in contravention of subsection (2) may demand a refund of that fee by giving written notice to the supplier who charged the fee within one year after the date the fee was paid.

64(4)A supplier who receives a notice demanding a refund under subsection (3) shall provide the refund within 15 days after receiving the notice.

65(1)If the monetary value remaining on a gift card is below the amount prescribed by regulation, a consumer may demand a refund of the amount remaining on the gift card by giving written notice to the supplier of the gift card.

65(2)A supplier who receives a notice demanding a refund under subsection (1) shall provide the refund within 15 days after receiving the notice.

66(1)A supplier shall clearly disclose the following information at the time a gift card is issued or sold:

66(2)The information referred to in subsection (1) shall be provided in the manner and form prescribed by regulation.

67(1)Subject to subsection (2), this Division applies to a rewards points agreement that is entered into, amended or renewed on or after the commencement of this section in which

67(2)This Division does not apply to a rewards points agreement

68(1)Before entering into a rewards points agreement with a consumer, a supplier shall disclose to the consumer the information prescribed by regulation.

68(2)The information referred to in subsection (1) shall be provided in the manner and form prescribed by regulation.

69(1)No supplier shall enter into or amend a rewards points agreement to provide for the expiry of rewards points due to the passage of time alone unless it is permitted by the regulations.

69(2)For greater certainty, a supplier contravenes subsection (1) if the rewards points agreement provides that rewards points expire after a certain period of time unless the consumer actively requests that the rewards points do not expire or that the rewards points be reinstated.

69(3)No supplier shall enter into or amend a rewards points agreement to provide for the expiry of rewards points following the conversion of the rewards points into another unit of exchange unless it is permitted by the regulations.

69(4)Subject to this section and to any limits prescribed by regulation, a supplier may enter into or amend a rewards points agreement to provide for the expiry of rewards points due to reasons other than the passage of time alone.

70(1)On providing notice to the other party, the supplier or the consumer may terminate a rewards points agreement, and if the rewards points agreement so provides, the consumer’s accumulated rewards points may expire.

70(2)If a supplier terminates the portions of a consumer agreement that relate to rewards points but not the portions of the consumer agreement that do not relate to rewards points, it constitutes a termination for the purpose of subsection (1).

74(1)Subject to this section, this Part applies to direct selling in the Province.

74(2)This Part does not apply to direct selling at

74(3)This Part does not apply to the direct selling of the following goods:

74(4)This Part does not apply to the direct selling of the following services:

74(5)This Part does not apply to direct selling by a person in the course of business that the person is authorized to carry on under the Real Estate Agents Act, the Insurance Act, the Securities Act, the Private Occupational Training Act or the Motor Vehicle Act.

74(6)This Part does not apply to a direct sales contract for goods or services with a value of  $100 or less.

76(1)Subject to subsection (3), a supplier shall not engage in direct selling except under the authority of a valid direct seller’s licence issued under Part 12.

76(2)Subject to subsection (5), a salesperson of a supplier shall not engage in direct selling except under the authority of a valid salesperson’s licence issued under Part 12.

76(3)Subject to subsection (5), the holder of a direct seller’s licence issued under Part 12 shall not engage in direct selling personally except under the authority of a valid salesperson’s licence issued under that Part, whether the individual holds the licence as the supplier, or, if the supplier is a corporation, the individual is an officer of the supplier.

76(4)An individual who holds a salesperson’s licence

76(5)A salesperson of a supplier may engage in direct selling without a valid salesperson’s licence if:

76(6)For greater certainty, an individual may hold more than one valid salesperson’s licence issued under Part 12 concurrently, and each licence authorizes the salesperson to engage in direct selling as a salesperson for the supplier specified in the licence.

77(1)A supplier shall provide to any salesperson of the supplier who is not required to hold a salesperson’s licence an identification card containing the following information:

77(2)A salesperson who has received an identification card from a supplier is not authorized to engage in direct selling without a salesperson’s licence if the supplier ceases to hold a direct seller’s licence.

77(3)If a salesperson who has received an identification card from a supplier is no longer authorized to engage in direct selling as an agent of the supplier, the salesperson shall surrender the identification card to

78(1)If a supplier who holds a direct seller’s licence is engaged in direct selling, the supplier shall produce the licence for inspection when requested to do so by a consumer.

78(2)If a salesperson who holds a salesperson’s licence is engaged in direct selling, the salesperson shall produce the licence for inspection when requested to do so by a consumer.

78(3)If a salesperson who has received an identification card from a supplier under subsection 77(1) is engaged in direct selling, the salesperson shall produce the identification card for inspection when requested to do so by a consumer.

78(4)A supplier who holds a direct seller’s licence shall produce the licence for inspection when requested to do so by the Director.

78(5)A salesperson who holds a salesperson’s licence shall produce the licence for inspection when requested to do so by the Director.

78(6)A salesperson who has received an identification card from a supplier under subsection 77(1) shall produce the identification card for inspection when requested to do so by the Director.

83(1)A consumer may cancel a direct sales contract within ten days after the consumer is provided with a copy of the direct sales contract under section 81.

83(2)A consumer may cancel a direct sales contract within one year after entering into the contract if

83(3)A consumer who accepts the delivery of the goods or the supply of the services under a direct sales contract after the 30-day period referred to in paragraph (2)(f) is not entitled to cancel the direct sales contract under that paragraph.

83(4)If in the opinion of the Court of King’s Bench it is inequitable that paragraph (2)(f) should apply, the court may make any order that it considers appropriate.

83(5)The cancellation rights under this section in respect of a direct sales contract are in addition to and do not affect any other rights or remedy the consumer has under or in respect of the direct sales contract or at law in the province or territory in which the consumer resides.

83(6)If credit is extended or arranged by a supplier or a salesperson of the supplier in connection with a direct sales contract and the credit agreement is conditional on the direct sales contract, a cancellation of the direct sales contract under this section has the effect of cancelling the credit agreement.

84(1)A direct sales contract is cancelled under section 83 when the consumer gives a notice of cancellation in accordance with this section.

84(2)A consumer may give a notice of cancellation to the supplier or to a salesperson of the supplier by

84(3)A notice of cancellation shall be deemed to be given to the supplier or salesperson of the supplier if

84(4)A notice of cancellation that is given in accordance with paragraph (2)(b) shall be deemed to be given when it is sent.

84(5)Subject to subsections (2), (3) and (4), a notice of cancellation is adequate if it indicates the intention of the consumer to cancel the direct sales contract.

85(1)When a direct sales contract is cancelled under section 83,

85(2)On receiving a notice of cancellation, the supplier shall fulfil the supplier’s obligations under subsection (1) before attempting to renegotiate the direct sales contract or to negotiate another direct sales contract with the consumer, and any direct sales contract for the sale of the same or substitute goods or services subsequently made between the supplier and the consumer is a new direct sales contract that is subject to all the provisions of this Part.

85(3)When a direct sales contract is cancelled under section 83, the supplier is entitled to reasonable compensation for the portion of the goods consumed by the consumer and for the services partially performed by the supplier, but the suppliers’ rights do not arise under this subsection until the supplier fulfils the supplier’s obligations under subsection (1).

85(4)If a consumer has cancelled a direct sales contract under section 83 and has not met the consumer’s obligations under this section, the supplier or the person to whom the obligation is owed may commence an action in the Court of King’s Bench.

86(1)No supplier or salesperson of a supplier shall, while at a consumer’s dwelling or at any other place prescribed by regulation, solicit the consumer to enter into a direct sales contract for the supply of any goods or services prescribed by regulation or enter into such a direct sales contact unless the consumer has initiated contact with the supplier or salesperson and has specifically requested that the supplier or salesperson attend at the consumer’s dwelling or the place prescribed by regulation for the purpose of entering into a direct sales contract.

86(2)A direct sales contract entered into in contravention of subsection (1) is void.

86(3)The methods by which and the circumstances in which a consumer initiates contact with a supplier for the purpose of subsection (1) shall be prescribed by regulation.

92(1)The Director may request a supplier to provide a list of the names and addresses of the consumers with whom the supplier has entered into a direct sales contract.

92(2)When the Director makes a request under subsection (1), the Director shall specify the period in respect of which the names and addresses are to be provided.

92(3)When requested to do so by the Director under this section, a supplier shall provide a list of the names and addresses of the consumers with whom the supplier has entered into a direct sales contract.

96(1)Subject to subsection (2), the following constitute value received or to be received by a borrower in connection with a credit agreement or by a lessee in connection with a lease:

96(2)The following do not constitute value received or to be received by a borrower in connection with a credit agreement or by a lessee in connection with a lease unless they relate to an optional service, to an expense, charge or fee referred to in paragraph (1)(f), (g) or (h), or to a thing prescribed for the purposes of paragraph (1)(i):

96(3)The following constitute value given or to be given by a borrower in connection with a credit agreement or by a lessee in connection with a lease:

96(4)Despite subsections (1) and (3), amounts paid into or out of a tax account for a mortgage loan are not included when calculating the APR and total cost of credit.

98(1)Subject to subsection (2), this Part applies to

98(2)This Part does not apply to

99(1)No person shall act as a credit grantor in the ordinary course of business unless the person is registered as a credit grantor under this Part or is exempted from the application of this Part by regulation.

99(2)No person shall act as a lessor in the ordinary course of business unless the person is registered as a lessor under this Part or is exempted from the application of this Part by regulation.

99(3)No person shall act as a credit broker in the ordinary course of business unless the person is registered as a credit broker under this Part or is exempted from the application of this Part by regulation.

99(4)No person shall publish or cause to be published any statement or representation that the person is registered under this Part.

100(1)The Director may register a credit grantor, lessor or credit broker who submits an application for registration and who meets the requirements for registration under this Part and the regulations.

100(2)An application for registration shall be made to the Director on a form provided by the Director and shall be accompanied by

100(3)The Director may refuse to register a credit grantor, lessor or credit broker who fails to meet the requirements for registration under this Part and the regulations.

101(1)The registration of a credit grantor remains in effect for the period prescribed by regulation unless the registration is withdrawn by the credit grantor, or is suspended or cancelled by the Director, in which case, at the time of the withdrawal, suspension or cancellation, the registration ceases to have effect and the credit grantor ceases to be registered under this Part.

101(2)Despite subsection (1), a credit grantor whose registration has been withdrawn, suspended or cancelled may, if the credit grantor does not extend any new credit, continue to collect accounts receivable owing to the credit grantor at the time of the withdrawal, suspension or cancellation and, for that purpose, may renew credit agreements and otherwise deal with credit transactions originating before the withdrawal, suspension or cancellation.

101(3)The registration of a lessor remains in effect for the period prescribed by regulation unless the registration is withdrawn by the lessor, or is suspended or cancelled by the Director, in which case, at the time of the withdrawal, suspension or cancellation, the registration ceases to have effect and the lessor ceases to be registered under this Part.

101(4)Despite subsection (3), a lessor whose registration has been withdrawn, suspended or cancelled may, if the lessor does not enter into any new leases, continue to collect accounts receivable owing to the lessor at the time of the withdrawal, suspension or cancellation and, for that purpose, may renew leases and otherwise deal with lease transactions originating before the withdrawal, suspension or cancellation.

101(5)The registration of a credit broker remains in effect for the period prescribed by regulation unless the registration is withdrawn by the credit broker, or is suspended or cancelled by the Director, in which case, at the time of the withdrawal, suspension or cancellation, the registration ceases to have effect and the credit broker ceases to be registered under this Part.

102(1)The Director may, at any time and in accordance with the regulations, impose terms and conditions on the registration of a credit grantor, lessor or credit broker or on the suspension or cancellation of the registration of a credit grantor, lessor or credit broker.

102(2)In addition to any terms and conditions imposed in accordance with the regulations, the Director may at any time impose the terms and conditions that the Director considers appropriate on the registration of a credit grantor, lessor or credit broker or on the suspension or cancellation of the registration of a credit grantor, lessor or credit broker.

103(1)A credit grantor shall provide to the Director

103(2)A lessor shall provide to the Director

103(3)A credit broker shall provide to the Director

104(1)Subject to subsection (3), the Director may suspend or cancel the registration of a credit grantor, lessor or credit broker

104(2)If a credit grantor, lessor or credit broker has more than one branch office in the Province, the Director may suspend or cancel the registration of the credit grantor, lessor or credit broker with respect to one or more of the branch offices instead of suspending or cancelling the registration with respect to all the branch offices.

104(3)The Director shall not suspend for a period of more than 30 days or cancel the registration of a credit grantor, lessor or credit broker without giving the credit grantor, lessor or credit broker an opportunity to be heard.

107(1)In addition to providing the documents and information referred to in subsection 100(2), a credit grantor, lessor or credit broker who applies for registration shall state in the application an address for service in the Province for the credit grantor, lessor or credit broker.

107(2)Every credit grantor, lessor or credit broker required to be registered under this Part shall give the Director notice of a change in its address for service and state the new address for service in the Province within five days after the change.

107(3)If a credit grantor, lessor or credit broker required to be registered under this Part is a partnership, the credit grantor, lessor or credit broker shall give the Director notice of a change in the membership of the partnership and state the details within five days after the change in membership.

108(1)Subject to subsection (3), a credit grantor shall deliver the initial disclosure statement for a credit agreement to the borrower before the earlier of

108(2)A lessor shall deliver the initial disclosure statement for a lease to the lessee before the earlier of

108(3)A credit grantor shall deliver the initial disclosure statement for a credit agreement in relation to a mortgage loan to the borrower at least two business days before the earlier of

108(4)The borrower under a credit agreement referred to in subsection (3) may, in accordance with the regulations, waive the two-business-day requirement referred to in that subsection, and, in that event, the credit grantor shall deliver the initial disclosure statement for the credit agreement in relation to the mortgage loan on or before the earlier of the dates referred to in paragraphs (3)(a) and (b).

110(1)A credit grantor or lessor who is required to provide a disclosure statement or statement of account under this Part shall ensure that the statement

110(2)A disclosure statement or statement of account may be a separate document or part of another document.

111(1)When a credit grantor or lessor is required under this Part to deliver a disclosure statement, statement of account, notice or other document to a borrower or lessee, any of the following methods may be used: