Continuing services contract

2   The following future performance contracts that provide for the performance of services on a continuing basis are designated for the purposes of the definition of "continuing services contract" in section 17 [definitions — consumer contracts] of the Act:

(a) a contract that provides for instruction in any type of dancing, and includes lessons and other services, rights or privileges whether provided to consumers individually or in groups;

(b) a contract that provides

(i) for instruction, training or assistance in physical culture, body building, exercising, weight loss, figure development or self defence, or

(ii) for the use by a consumer of the facilities of a health studio, gymnasium or other facility used for any of the purposes referred to in subparagraph (i);

(c) a contract by which the consumer acquires the right, by membership in a travel club, vacation club, or by other means, to discounts or other benefits on the purchase of transportation, accommodation or other services related to travel.

Continuing services contract — exemption from application of the Act

2.1   Section 24 (3) and (6) of the Act does not apply to a continuing services contract that provides the consumer with the right to cancel the contract

Direct sales contract — exemptions from application of the Act

5   (1) This section describes direct sellers that are, and circumstances in which direct sellers are, exempt from the application of sections 19 to 22 [required contents; direct sales contracts; direct sales contract — cancellation; credit agreement respecting direct sales contract] of the Act.

(2) Sections 19 to 22 of the Act do not apply in respect of direct sales contract if the direct seller is exempt under this section in respect of that contract.

(3) A direct seller is exempt under subsection (1) in respect of a direct sales contract if the direct seller attends at the place following a request that was made at least 24 hours in advance by one of the following persons on the initiative of that person:

(a) the consumer;

(b) a relative or friend of the consumer if that relative or friend is not the direct seller or an associate of the direct seller.

(4) The following classes of direct sellers are exempt under subsection (1) while they are engaged in selling the goods or services for which they are licensed, registered or incorporated:

(a) direct sellers who are persons licensed under the Real Estate Services Act;

(b) direct sellers that are societies, as defined in the Societies Act;

(c) direct sellers who are motor dealers registered under the Motor Dealer Act;

(d) direct sellers who are insurance agents licensed under the Financial Institutions Act;

(e) direct sellers who are dealers or salespersons registered under the Securities Act;

(f) direct sellers that are licensed under the Security Services Act.

(5) Direct sellers who enter into a direct sales contract at the following places are exempt under subsection (1):

(a) agricultural shows or fairs, trade shows, craft shows, art shows or similar types of exhibits;

(b) temporary kiosks in shopping malls.

[am. B.C. Regs. 518/2004, Sch. s. 2; 166/2008; 211/2015, s. 19.]

Future performance contract

6   The amount of total price payable prescribed for the purposes of the definition of "future performance contract" in section 17 [definitions — consumer contracts] of the Act is $50.