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Direct Sellers Regulations

made under Section 35 of the

Direct Sellers’ Regulation Act

R.S.N.S. 1989, c. 129

O.I.C. 76-1186 (October 12, 1976), N.S. Reg. 93/76

as amended to O.I.C. 2016-277 (November 4, 2016, effective January 31, 2017), N.S. Reg. 242/2016

 

Citation

1     These regulations may be cited as the Direct Sellers Regulations.

Section 1 added: O.I.C. 2003-270, N.S. Reg. 122/2003.


Definitions

1A  (1)    In these regulations, “Act” means the Direct Sellers’ Regulation Act.

[Note: title of Act changed by the Business Efficiency Act (1998), S.N.S. 1998, c. 8.]

 

       (2)    For the purposes of the Act and these regulations


Clause 1A(2)(a) repealed: O.I.C. 2016-277, N.S. Reg. 242/2016.

 

                (b)    “multi-level marketing distributor” means a person who enters into a multi-level marketing plan agreement with a multi-level marketing wholesaler to sell goods provided by the multi-level marketing wholesaler to consumers by direct sale and is deemed to be a salesperson under this [the] Act;

 

                (c)    “multi-level marketing wholesaler” means a person who provides goods to a multi-level marketing distributor under the terms of a multi-level marketing plan for direct sale to consumers;

 

                (d)    “multi-level marketing plan” means a plan for the supply of a product whereby a participant in the plan receives compensation for the supply of the product to another participant in the plan who, in turn, receives compensation for the supply of the same or another product supplied by the multi-level marketing wholesaler to other participants in the plan.

Subsection 1(2) replaced: O.I.C. 2000-379, N.S. Reg. 133/2000.

Section 1 renumbered 1A: O.I.C. 2003-270, N.S. Reg. 122/2003.


Exemptions

2     (1)    The Act does not apply to any of the following categories of persons or sales:

 

                (a)    a sale of goods or services by a person who is authorized to sell those goods or services under the Cemetery and Funeral Services Act, Insurance Act, Legal Profession Act, Mortgage Brokers and Lenders Registration Act, Motor Vehicle Act, Real Estate Trading Act or Securities Act;

 

                (b)    a sale of motive fuel or fuel oil in accordance with the Motive Fuel and Fuel Oil Approval Regulations made under the Environment Act;

 

                (c)    a student selling goods on behalf of or under the auspices of the school that they attend and for which they receive no direct compensation;

 

                (d)    a sale of goods or services by a chartered bank, trust company or credit union;

 

                (e)    a sale of a natural produce good by its producer directly;

 

                (f)    a sale of a service related to any of the following:

 

                         (i)     raising and caring for livestock,

 

                         (ii)    growing or harvesting natural produce,

 

                         (iii)   domestic work;

 

                (g)    a sale of a motor vehicle by the owner or another person who is not regularly involved in selling motor vehicles;

 

                (h)    a sale of goods at a temporary location identified as part of a retail store business that is currently operating from a permanent retail store location in Nova Scotia;

 

                (i)     a sale of goods or services by a telecommunications company, but only if both of the following criteria are met:

 

                         (i)     the offer for the sale is made by mail, telephone or electronic communication,

 

                         (ii)    any sale resulting from the offer is negotiated or entered into entirely by mail, telephone or electronic communication.

Subsection 2(1) replaced: O.I.C. 2016-277, N.S. Reg. 242/2016.

 

       (2)    Subsections 20(1), (2) and (3), clause 21(1)(a), subsection 24(1) and Section 25 of the Act and Section 22 of these regulations do not apply to a direct sales contract where the total consideration to be provided by the purchaser is of a value of $100.00 or less, save and except for a direct sales contract respecting hearing aids.

Subsection 2(2) replaced: O.I.C. 2000-379, N.S. Reg. 133/2000; amended: O.I.C. 2016-277, N.S. Reg. 242/2016.


Subsection 2(3) added: O.I.C. 2000-379, N.S. Reg. 133/2000; repealed: O.I.C. 2016-277, N.S. Reg. 242/2016


Subsection 2(4) added: O.I.C. 2000-379, N.S. Reg. 133/2000; repealed O.I.C. 2016-277, N.S. Reg. 242/2016.

 

Subsection 2(4A) added: O.I.C. 2003-270, N.S. Reg. 122/2003; repealed O.I.C. 2016-277, N.S. Reg. 242/2016.

 

Subsection 2(5) added: O.I.C. 2000-379, N.S. Reg. 133/2000; repealed O.I.C. 2016-277, N.S. Reg. 242/2016.

 

Subsection 2(6) added: O.I.C. 2000-379, N.S. Reg. 133/2000; repealed O.I.C. 2016-277, N.S. Reg. 242/2016.

 

Subsection 2(7) added: O.I.C. 2000-379, N.S. Reg. 133/2000; repealed O.I.C. 2016-277, N.S. Reg. 242/2016.


Subsection 2(8) added: O.I.C. 2003-270, N.S. Reg. 122/2003; repealed O.I.C. 2016-277, N.S. Reg. 242/2016.


Categories of direct sellers

2A  All of the following are prescribed as categories of direct sellers:

 

                (a)    “P1” for a direct seller carrying on business as a sole proprietor or partnership that has no salespersons and is not selling hearing aids or hearing-aid services;

 

                (b)    “P2” for a direct seller carrying on business as a sole proprietor or partnership that has 10 or fewer salespersons and is not selling hearing aids or hearing-aid services;

 

                (c)    “P3” for a direct seller carrying on business as a sole proprietor or partnership that has 11 or more salespersons and is not selling hearing aids or hearing-aid services;

 

                (d)    “C1A” for a direct seller that is a corporation with 10 or fewer salespersons and is not selling hearing aids or hearing-aid services;

 

                (e)    “C1B” for a direct seller that is a corporation with 11 or more salespersons and is not selling hearing aids or hearing-aid services;

 

                (f)    “H1” for a direct seller of hearing aids or hearing-aid services that has 10 or fewer salespersons;

 

                (g)    “H2” for a direct seller of hearing aids or hearing-aid services that has 11 or more salespersons.

Section 2A added: O.I.C. 2016-277, N.S. Reg. 242/2016.


Permits

3     (1)    An application for a permit as a direct seller or renewal thereof shall be in a form as the Registrar may from time to time specify.

 

       (2)    An application for a permit as a salesperson or renewal thereof shall be in a form as the Registrar may from time to time specify.

 

4     At the time of an application for a permit as a direct seller or renewal thereof, or at any time after the issuance of a permit as a direct seller, the Registrar may require that a financial statement be prepared, at the applicant’s or the direct sellers’ expense, as the case may be, by an accountant approved by the Registrar.

 

5     (1)    A direct seller’s permit shall be in a form as the Registrar may from time to time specify.

 

       (2)    A salesperson’s permit shall be in a form as the Registrar may from time to time specify.

 

5A  Unless previously cancelled or suspended, a permit issued or renewed under the Act expires on the next January 31 following the date of issue or renewal.

Section 5A added: O.I.C. 2016-277, N.S. Reg. 242/2016.

 

6     (1)    Subject to subsection (2), each person who holds a permit as a direct seller shall maintain a permanent place of business in Nova Scotia.

Section 6 amended: O.I.C. 2003-270, N.S. Reg. 122/2003; redesignated 6(1) and amended: O.I.C. 2016-277, N.S. Reg. 242/2016.

 

       (2)    A person who holds a direct seller’s permit in a category other than H1 or H2 may, instead of maintaining a permanent place of business in Nova Scotia, maintain a mailing address where a purchaser may return goods on the cancellation of a direct sales contract.

Subsection 6(2) added: O.I.C. 2016-277, N.S. Reg. 242/2016.


Return of goods if no permanent place of business

6A  A direct seller who maintains a mailing address instead of a permanent place of business in accordance with subsection 6(2) must provide a method for a purchaser to return purchased goods to the direct seller at no cost to the purchaser.

Section 6A added: O.I.C. 2016-277, N.S. Reg. 242/2016.


Identification cards

7     (1)    A direct seller shall provide each salesperson who represents the direct seller and who is not required to hold a salesperson’s permit with an identification card containing the following information:

 

                (a)    a preface that states as follows:

 

The bearer of this card is permitted to engage in direct sales activity regulated by the Nova Scotia Direct Sellers’ Regulation Act on behalf of _________________________ .

name of direct seller

 

                (b)    the name of the salesperson;

Clause 7(1)(b) amended: O.I.C. 2016-277, N.S. Reg. 242/2016.


 

                (c)    the direct seller’s address, business permit number issued under the Act and phone number;

 

                (d)    the signature of the direct seller, or if the direct seller is a corporation, an officer authorized to sign on behalf of the corporation;

 

                (e)    the issue date of the card and the expiry date of the direct seller’s permit.

 

       (2)    When a salesperson ceases to represent a direct seller, the salesperson shall return the identification card to the direct seller.

Section 7 replaced: O.I.C. 2000-379, N.S. Reg. 133/2000.


Special requirements for Category H1 or H2 direct seller’s permit or salesperson’s permit

8     (1)    In determining whether to grant, refuse, cancel or reinstate a Category H1 or H2 direct seller’s permit or a salesperson’s permit, the Registrar may, if the Registrar considers it necessary, establish an Advisory Board consisting of 4 members, as follows:

 

                (a)    the Registrar, or another person appointed by the Registrar as the representative of the Registrar;

 

                (b)    1 member selected and appointed by the Registrar to represent the hearing-aid industry;

 

                (c)    1 member selected and appointed by the Registrar to represent the medical profession;

 

                (d)    1 member selected and appointed by the Registrar to represent hearing-aid users.

Subsection 8(1) replaced: O.I.C. 2016-277, N.S. Reg. 242/2016.

 

       (2)    After the Advisory Board referred to in subsection (1) considers any matter submitted to it by the Registrar, the Board shall make a recommendation to the Registrar in writing, and the Registrar shall take such recommendation into consideration when making his decision.

 

       (3)    An applicant for a Category H1 or H2 direct seller’s permit or a salesperson’s permit must meet all of the following conditions:

 

                (a)    they must have completed the courses of study and passed the examinations approved by the Registrar;

 

                (b)    they must demonstrate to the Registrar’s satisfaction that they meet the standards of competency approved by the Registrar.

Subsection 8(3) replaced: O.I.C. 2016-277, N.S. Reg. 242/2016.

 

       (4)    If the Registrar is satisfied that it is necessary, the Registrar may require an applicant for a renewal of a Category H1 or H2 direct seller permit’s or a salesperson’s permit to do any 1 or more of the following:

 

                (a)    complete a course of study approved by the Registrar;

 

                (b)    pass an examination approved by the Registrar;

 

                (c)    demonstrate to the Registrar’s satisfaction that they meet the standards of competency approved by the Registrar.

Subsection 8(4) replaced: O.I.C. 2016-277, N.S. Reg. 242/2016.


Subsection 8(5) repealed: O.I.C. 2016-277, N.S. Reg. 242/2016.

 

       (6)    An examinee who fails to obtain in an examination the pass mark shall be entitled to take a supplementary examination within 30 days of being informed of his score on the examination.

Subsection 8(6) amended: O.I.C. 2016-277, N.S. Reg. 242/2016.

 

       (7)    Every application for a Category H1 or H2 direct seller’s permit or renewal thereof shall be accompanied by a Certificate of Calibration acceptable to the Registrar of the audiometer or audiometers used in the direct seller’s business.

Subsection 8(7) amended: O.I.C. 2000-379, N.S. Reg. 133/2000; O.I.C. 2016-277, N.S. Reg. 242/2016.

 

       (8)    The Certificate of Calibration referred to in subsection (7) shall be issued within the six months immediately prior to the date of the application or renewal thereof.

Section 8 heading replaced: O.I.C. 2016-277, N.S. Reg. 242/2016.


Fees

9     The fee payable to the Registrar on application for the granting or renewal of a direct seller’s permit for 1 year or part of a year is as set out in the following table by category of direct seller:


Direct Seller Category

Permit Fee

(per year or part of year)

P1

$150

P2

$150

P3

$150

C1A

$150

C1B

$500

H1

$150

H2

$500

Section 9 replaced: O.I.C. 2016-277, N.S. Reg. 242/2016.

 

10   The fee payable to the Registrar upon application for the granting or renewal of a salesperson’s permit is as follows:


When application made

Fee

within the 1st quarter (the first 3 months) from the date of issue of the Category H1 or H2 direct seller’s permit

$52.95

within the 2nd quarter (months 4 to 6) from the date of issue of the Category H1 or H2 direct seller’s permit

$37.35

within the 3rd quarter (months 7 to 9) from the date of issue of the Category H1 or H2 direct seller’s permit

$24.95

within the 4th quarter (months 10 to 12) from the date of issue of the Category H1 or H2 direct seller’s permit

$12.45

Section 10 replaced: O.I.C. 2000-379, N.S. Reg. 133/2000; amended: O.I.C. 2015-96, N.S. Reg. 93/2015; O.I.C. 2016-277, N.S. Reg. 242/2016.

 

11   The fee payable to the Registrar for each duplicate permit when the

original is lost, stolen or destroyed, and an affidavit is made thereto, is.....................$37.35

Section 11 replaced: O.I.C. 95-845, N.S. Reg. 171/95; amended: O.I.C. 2015-96, N.S. Reg. 93/2015.

 

12   The direct seller is responsible for forwarding to the Registrar applications of all salespersons and all fees.

Section 12 amended: O.I.C. 2000-279, N.S. Reg. 133/2000.


Bonds

13   (1)    Every application for a permit as a direct seller shall be accompanied by a bond in one of the following forms:

 

                (a)    surety bond;

 

                (b)    personal bond;

 

                (c)    bond of a guarantor;

 

                (d)    letter of credit;

 

or any such other form as the Registrar may from time to time specify.

Subsection 13(1) amended: O.I.C. 2003-270, N.S. Reg. 122/2003.

 

       (2)    Except as set out in subsection (3), the amount of the bond required by subsection (1) is as set out in the following table by category of direct seller and average sale amount to each individual purchaser:


Direct Seller

Category

Average Sale Amount

to Each Individual Purchaser

Bond Amount

P1

less than $500

$5000

P1

$500 or greater

$10 000

P2

any amount

$10 000

P3

any amount

$20 000

C1A

any amount

$10 000

C1B

any amount

$20 000

H1

any amount

$20 000

H2

any amount

$20 000

Subsection 13(2) replaced: O.I.C. 2016-277, N.S. Reg. 242/2016.

 

       (3)    The amount of the bond required by subsection (1) is $25 000 for any category of direct seller selling home renovations, siding, paving, roofing, heat pumps, heating systems, air conditioners, hot water heaters, furnaces, windows, doors, security alarms, medical alarms and systems, personal alarms or alarm monitoring services.

Subsection 13(3) added: O.I.C. 2000-379, N.S. Reg. 133/2000; replaced: O.I.C. 2016-277, N.S. Reg. 242/2016.

 

       (4)    The Registrar may increase or decrease the amount of the bond at any time based on the following:

 

                (a)    past compliance with the requirements of the Act and regulations by the direct seller or the principals of the direct seller;

                (b)    the length of time the direct seller has been operating under a permit in Nova Scotia;

 

                (c)    whether in the opinion of the Registrar the amount of the bond set out in subsection (2) or (3) is inappropriate due to

 

                         (i)     the high price of the items being sold;

 

                         (ii)    the high numbers of salespersons; or

 

                         (iii)   the volume of sales.

Clause 13(4)(c) amended: O.I.C. 2016-277, N.S. Reg. 242/2016.

Subsection 13(4) added: O.I.C. 2000-379, N.S. Reg. 133/2000.

 

14   For the purposes of these regulations

 

       (1)    a surety bond means the bond of a guarantee company and is a three party undertaking naming a principal, obligee and surety under which the surety agrees to indemnify the obligee against loss arising from the failure of the principal to comply with the provisions of the Act or the regulations made pursuant thereto;

 

       (2)    a personal bond is an instrument by which a person binds himself by pledging collateral security in a predetermined amount to the Province of Nova Scotia which may be forfeited in the event of violation by that person of any of the provisions of the Act or the regulations made pursuant thereto;

 

       (3)    a bond of a guarantor is an instrument whereby a principal (person seeking bond coverage) and a guarantor (another person) jointly pledge collateral security of a predetermined amount to the Province of Nova Scotia which may be forfeited in the event of any violation by the principal of the provisions of the Act or the regulations made pursuant thereto;

 

       (4)    a letter of credit is a written guarantee whereby a chartered bank, credit union, trust company or financial institution as may be approved by the Registrar, guarantees the financial liability of the person named up to a predetermined maximum amount in favour of the Province of Nova Scotia, which amount is subject to being forfeited in the event the person named violates any provisions of the Act or the regulations made pursuant thereto.


Subsection 14(5) repealed: O.I.C. 2016-277, N.S. Reg. 242/2016.

 

15   (1)    A personal bond and a bond of a guarantor shall in all instances be accompanied by collateral security acceptable to the Registrar in an amount as prescribed by subsection (2) of Section 13.

 

       (2)    The collateral security referred to in subsection (1) shall be deposited with the Minister of Finance and maintained at a market value of not less than that prescribed by subsection (2) of Section 13.

[Note: Effective October 22, 2013, the reference to the Minister of Finance should be read as a reference to the Minister of Finance and Treasury Board in accordance with Order in Council 2013-348 under the Public Service Act, R.S.N.S. 1989, c. 376.]

 

16   The Registrar may, before granting a salesperson’s permit, require that the applicant deliver such bond and collateral security as the Registrar deems necessary.

 

17   The Registrar may at any time require to be delivered such other bond or collateral security as he deems necessary.

 

18   (1)    A bond may be terminated by any person bound thereunder by giving to the Registrar and the direct seller or salesperson named in the bond at least two months notice in writing of intention to terminate and, subject to Section 19, the bond shall be deemed to be terminated on the date stated in the notice, which date shall be not less than two months after the receipt of the notice by the Registrar.

Section 18 redesignated subsection 18(1): O.I.C. 2000-379, N.S. Reg. 133/2000.

 

       (2)    Subject to Section 19, where

 

                (a)    a direct seller’s permit has been terminated for 1 year; and

 

                (b)    the Registrar has not received notice pursuant to subsection (1) of the termination of the bond in which the direct seller or salesperson is named,

 

the bond shall be deemed to be terminated as of the date of the 1st anniversary of the termination of the direct seller’s permit.

Subsection 18(2) added: O.I.C. 2000-379, N.S. Reg. 133/2000.

 

19   For the purpose of every act or omission occurring

 

                (a)    during the duration of the direct seller’s or salesperson’s permit, as the case may be; or

 

                (b)    during the period prior to termination of the bond under Section 18 where there has been no termination of the permit;

 

every bond shall continue in force, and the collateral security, if any, shall remain on deposit for a period of three years following the termination of the permit or the termination of the bond, as the case may be.

 

20   Where a bond has been forfeited and the Registrar has not received notice in writing of any claim against the proceeds of the bond or such part as remains in his hands within three years of the forfeiture, the Registrar may pay the proceeds of the bond or the collateral security, or any part remaining, to any person who made a payment under the bond or who deposited the collateral security, after first deducting the amount of any expenses that have been incurred in connection with any investigation or otherwise relating to the direct seller or salesperson in respect of whose conduct the bond was conditioned.


Suspension

21   Where a bond delivered under these regulations is terminated, the permit of the direct seller or salesperson, as the case may be, shall automatically be suspended and shall remain so suspended until the direct seller or the salesperson, as the case may be, delivers to the Registrar a new bond in the amount and form required by the Registrar.

 

22   (1)    Subject to subsection 2(2), every direct sales contract, other than a continuing-services contract, shall be in writing and shall contain

 

                (a)    the name and address of the purchaser;

 

                (b)    the direct seller’s name, business address and telephone number;

 

                (c)    the salesperson’s name and signature;

 

                (d)    the date and place of the contract;

 

                (e)    an itemized price of the goods or services, terms of payment and the total cost of the contract;

 

                (f)    a description of the goods and services sufficient to identify them;

 

                (g)    a statement of the cancellation rights as provided in subsection (2);

 

                (h)    the delivery date of the goods or services if not provided on the transaction date;

 

                (i)     the completion date for providing the services if applicable;

 

                (j)     where credit is extended, a statement of any security taken and the cost of borrowing as required by the Consumer Protection Act;

 

                (k)    a description of any goods taken in trade and the value given to the goods;

 

                (l)     the signature of the purchaser.

Subsection 22(1) amended: O.I.C. 2016-277, N.S. Reg. 242/2016.

 

       (2)    The statement of cancellation rights referred to in clause (1)(g) shall be in the following form:

 

Statement of Cancellation Rights

You may cancel this contract from the day you enter into the contract until 10 days after you receive a copy of the contract or statement of cancellation rights. You do not need a reason to cancel.

 

If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information you may contact the provincial/territorial consumer affairs office.

 

If you cancel this contract, the seller has 15 days to refund your money and any trade-in or the cash value of the trade-in. You must then return the goods.

 

To cancel, you must give notice of cancellation to the address below or in the contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including fax, mail or personal delivery.

 

Address for Notice: [Include name, business address, phone number if this statement of cancellation rights is a document separate from the contract.]

 

       (3)    Where the statement of cancellation rights is not on the face of the contract, its location shall be clearly indicated on the face of the contract.

 

       (4)    The heading of the statement of cancellation rights shall be in not less than 12-point bold type and the remainder of the information in not less than 10-point type.

Section 22 replaced: O.I.C. 2000-379, N.S. Reg. 133/2000.


Continuing-services contract

22A(1)    Every continuing-services contract shall be in writing and shall contain all of the following:

 

                (a)    all of the items listed in subsection 22(1) except clauses (e) and (g);

 

                (b)    the total cost to the purchaser, including any fees, charges, penalties, interest and other amounts or consideration, as calculated on a monthly basis;

 

                (c)    an itemized fair market value of the goods or services to be provided over the term of the contract, if applicable;

 

                (d)    terms of payment, and the total cost of the contract over the term of the contract;

 

                (e)    any one-time or irregular fees to be charged to the purchaser under the contract;

 

                (f)    the term of the contract, which, in accordance with subsection 20A(1) of the Act, must not exceed 3 years;

 

                (g)    a statement that the purchaser will be provided with written notice between 30 and 60 days before the expiry date of the contract, as required by subsection 20A(2) of the Act, including a description of the details required by clauses 20A(2)(a) and (b) of the Act to be set out in the notice;

 

                (h)    a statement that the contract will be automatically extended in the circumstances set out in subsection 20A(3) of the Act, including a description of those circumstances;

 

                (i)     the following statement of the purchaser’s cancellation rights:

 

Statement of Cancellation Rights

You may cancel this contract at any time. You do not need a reason to cancel.

 

To cancel, you must give notice of cancellation to the address below. You must give notice of cancellation by a method that permits you to produce evidence that you cancelled the contract, including registered mail or personal delivery. On notice of cancellation of the contract, the seller has 15 days to refund any money that you are owed.

 

Address for notice: (Include name, business address, phone number and, if applicable, information about a recognized agent for personal service.)

 

       (2)    The heading of the statement of cancellation rights set out in clause (1)(i) shall be in not less than 12-point bold type and the remainder of the statement in not less than 10-point type.

Section 22A added: O.I.C. 2016-277, N.S. Reg. 242/2016.

 

23   (1)    Where a purchaser and a direct seller have entered into a direct sales contract in the amount of $250.00 or less and a notice of cancellation of the contract in accordance with clause 21(1)(a) of the Act has been given and all or part of the services have been delivered or all or part of the goods have been consumed, damaged or altered, the direct seller shall have the right to retain 25% of the purchase price in lieu of damages.

 

       (2)    A direct seller may apply to the courts for compensation if

 

                (a)    an amount greater than 25% is requested; or

 

                (b)    the original contract price exceeded $250.00 and compensation is requested by the direct seller.

 

       (3)    Subsections (1) and (2) do not apply to any of the following:

 

                (a)    the cancellation of a contract due to a manufacturer’s defect;

 

                (b)    the cancellation of a contract between a multi-level marketing distributor and a multi-level marketing wholesaler in relation to a multi-level marketing plan if the goods and services have been sold by the multi-level marketing distributor on behalf of the multi-level marketing wholesaler in accordance with the contract;

 

                (c)    the cancellation of a continuing-services contract.

Section 23 replaced: O.I.C. 2016-277, N.S. Reg. 242/2016.


Reasonable compensation for direct seller on cancellation of continuing-services contract

23A(1)    If goods were sold as part of a continuing-services contract and the continuing-services contract is cancelled by the purchaser at any time after 10 days after the day on which the purchaser received a copy of the continuing-services contract, the direct seller may recover or retain reasonable compensation in an amount equal to the amount stated in the contract as the fair market value of the goods, prorated by the time remaining until the expiry date in the contract.

 

       (2)    If a continuing-services contract is cancelled by the purchaser at any time after 10 days after the day on which the purchaser received a copy of the continuing-services contract, the direct seller may recover or retain the amount owed by the purchaser for services provided by the direct seller before the cancellation of the contract.

Section 23A added: O.I.C. 2016-277, N.S. Reg. 242/2016.


Identification

24   (1)    Every direct seller and salesperson shall, in all verbal or written communication regarding the direct selling of goods and services, use the name under which he [or she] obtained his [or her] permit and identify his [or her] permit by the number it bears.

 

       (2)    A salesperson shall, in addition, give the name of the direct seller by whom he [or she] is engaged.


Transition

25   Despite Section 5A, a permit issued or renewed under the Act after July 31, 2016, and before January 31, 2017, is valid until January 31, 2018, unless previously suspended or cancelled by the Registrar.

Section 25 repealed: O.I.C. 2000-379, N.S. Reg. 133/2000; added: O.I.C. 2016-277, N.S. Reg. 242/2016.


“license” replaced with “permit” throughout regulations: O.I.C. 2003-270, N.S. Reg. 122/2003.

“salesman/men” replaced with “salesperson(s)” throughout regulations: O.I.C. 95-845, N.S. Reg. 171/95.