| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | Licence Disclaimer |
| This is part of an archived statute consolidation that is current to May 14, 2001 and includes changes enacted and in force by that date. |
|
|||
| SECTION | EFFECTIVE DATE | ||
| 1 | September 26, 2001 | ||
| 11 | September 26, 2001 | ||
| 15 | September 26, 2001 | ||
| 21.6 | September 26, 2001 | ||
| 22 to 40 | September 26, 2001 | ||
| 74 | September 26, 2001 | ||
| 75 | September 26, 2001 | ||
| 77 | September 26, 2001 | ||
Section 1 definition BEFORE repealed by 2001-37-1 effective September 26, 2001 (BC Reg 215/01).
"registrar" means the registrar of direct sellers designated under section 38;
Section 11(2)(a) BEFORE changes were made by 2001-37-2 effective September 26, 2001 (BC Reg 215/01).
(a) at the time the contract was made, the direct seller or the salesperson, if applicable, was not
(i) licensed as required by Part 2, or
(ii) in compliance with a condition imposed on his or her licence under section 27;
Section 15 BEFORE changes were made by 2001-37-3 effective September 26, 2001 (BC Reg 215/01).
15 (1) The registrar may at any time require a direct seller
(a) to hold in trust money that is paid under a direct sale by a buyer to the direct seller in full or partial compensation for goods or services that are to be delivered, wholly or partly, after the payment, and
(b) to keep the trust money with a financial institution or class of financial institutions approved by the registrar
and the direct seller must comply with the requirement.
(2) When requested by the registrar, the direct seller must provide to the registrar, in the manner and form requested, information or records respecting the trust or the money required to be held in trust.
Section 21.6 was added by 2001-37-4 effective September 26, 2001 (BC Reg 215/01).
Sections 22 to 40 BEFORE repealed by 2001-37-5 effective September 26, 2001 (BC Reg 215/01).
Part 2 – Direct Seller Licensing
22 This Part applies to a direct seller who solicits orders for, or sells or offers for sale, goods or services if
(a) the purchase price, excluding the cost of borrowing, but including any taxes, equals or exceeds the amount set by regulation,
(b) the soliciting, sale or offering for sale is made to an individual, and
(c) the direct seller solicits, negotiates or concludes the contract at a place other than the direct seller's permanent place of business.
23 In this Part, "commission" means the Commercial Appeals Commission continued under the Commercial Appeals Commission Act.
24 (1) A person must not carry on business as a direct seller unless licensed by the registrar or exempted under section 25 or by regulation.
(2) A person may not sell on behalf of a direct seller if the direct seller does not have a licence required by this section.
25 (1) A licence is not required under this Act for
(a) the direct sale of newspapers published at intervals of 7 days or less,
(b) the direct sale of fuel,
(c) the direct sale of
(i) food for human consumption, or
(ii) a commodity that will become food for human consumption
if the food or commodity is unfrozen and perishable at the time of delivery,
(d) the direct sale of a class of goods exempted by regulation, or
(e) the direct sale by a class of direct sellers that is exempted by regulation.
(2) A salesperson or class of salespersons may be required by regulation to be licensed, but in the absence of such a regulation a salesperson is not required to be licensed.
26 (1) A person may apply to the registrar for a licence using a form required by the registrar.
(2) An application for a licence or renewal of a licence must be accompanied by
(a) the fee required by regulation,
(b) security, or proof of security, that is satisfactory to the registrar including, if the registrar requires it, an irrevocable letter of credit, and
(c) any information that the registrar reasonably requires to determine whether to issue the licence or renewal.
27 (1) The registrar may decide
(a) to issue or renew a licence with conditions including a condition that restricts the goods or services that may be sold under the licence, or
(b) to alter, add to or impose conditions on a licence at any time.
(2) A licensee may appeal the decision to the commission.
28 (1) For the purposes of subsection (2), "associate" means a salesperson or a person, including an officer and a director, who performs services related to the management of the business of a direct seller.
(2) The registrar may refuse to issue a licence to a person and may suspend, cancel or refuse to renew the licence of a person if there are reasonable grounds to believe that
(a) the person's finances are not adequate to carry on the business of a direct seller,
(b) the past conduct of the person or an associate of the person is such that it is contrary to the public interest for the person to carry on the business of a direct seller,
(c) the person or an associate of the person has contravened this Act, the regulations or a condition of a licence, or
(d) the security in respect of the licence has ceased to be effective for the purpose for which it was given and has not been replaced with security that is the equivalent of the original security.
(3) The registrar must not refuse an application for a licence or renewal, or suspend or cancel a licence, without first giving the applicant or licensee an opportunity to be heard.
(4) A person whose application for a licence or renewal has been refused or whose licence has been suspended or cancelled may appeal the decision to the commission.
(5) Despite section 12 of the Commercial Appeals Commission Act, a decision of the registrar under this section is not stayed pending an appeal to the commission.
29 A licensee must notify the registrar in writing of a change in the address of the licensee's place of business within 2 weeks of the change.
30 (1) The registrar or a person authorized in writing by the registrar may by written order require a licensee, within the time specified in the order, to provide information or produce records that are
(a) related to the direct sales business of the licensee, and
(b) specified or otherwise described in the order.
(2) The registrar may require a licensee or an officer or director of a licensee to state by affidavit his or her knowledge or belief respecting information or a record supplied under this section.
(3) A licensee, officer or director, as the case may be, must provide the information, records and affidavits required by the registrar under subsection (1) or (2).
31 (1) The registrar or a person authorized in writing by the registrar may inspect the records and inventory of a licensee.
(2) A licensee must facilitate an inspection under this section.
(3) Section 66 applies to the removal of records and inventory inspected under this section as if the person conducting the inspection under this section were an investigator.
(4) The registrar must ensure that any record or inventory removed under subsection (3) is kept safe and secure until its return and must establish procedures for achieving that safety and security.
32 A licence under this Part is not transferable.
33 A licensee must not advertise, contract or otherwise carry on business in a name other than the licensee's name as it appears in the licence.
34 (1) A licensee must produce the licence
(a) to a person to whom the licensee is making or attempting to make a direct sale, and
(b) on request, to a police officer, the registrar or any person authorized in writing by the registrar.
(2) A person who ceases to hold a licence must surrender it to the registrar on the registrar's request.
35 (1) A licensee must give an identification card to a salesperson who makes or attempts to make direct sales on behalf of the licensee.
(2) The identification card must contain the salesperson's name and picture, the name and business address of the licensee and the signature of the licensee or, if the licensee is a corporation, of an officer of the licensee and any other information required by regulation.
36 (1) A salesperson who has received an identification card under section 35 must produce it
(a) to a person to whom the salesperson is making or attempting to make a direct sale, and
(b) on request, to a police officer, the registrar or any person authorized in writing by the registrar.
(2) A person who has received an identification card who is no longer authorized to make direct sales on behalf of a licensee must surrender the card
(a) to the licensee, or
(b) if the person that held the licence no longer does so, to the registrar.
37 (1) A licensee must obtain the registrar's prior approval,
(a) if the licensee is a partnership, to a change in partners, or
(b) if the licensee is a corporation, to a change in the directors or officers
if the proposed partner, director or officer would be an associate as defined in section 28 (1).
(2) The registrar has no more than 14 days after receiving a request for an approval under subsection (1) to approve or refuse a change if the proposed partner, director or officer has continuously been a resident of British Columbia during the 12 months preceding the registrar's receipt of the request.
(3) The registrar may refuse approval under subsection (1) for the same reasons for which the registrar may refuse a licence under section 28.
(4) A licensee who has been refused approval may appeal the refusal to the commission.
(5) Despite section 12 of the Commercial Appeals Commission Act, a decision of the registrar under this section is not stayed pending an appeal to the commission.
38 The minister may designate an individual as the registrar of direct sellers.
39 The registrar may designate a person who may, in the absence of the registrar, exercise the powers and perform the duties of the registrar.
40 (1) The registrar must maintain a register of persons
(a) who are licensed,
(b) who have been refused a licence, and
(c) whose licences have been suspended or cancelled,
and must supply information from the register to any person who asks.
(2) A written statement concerning information in the register is admissible in court as proof of the information contained in the register if the written statement purports to be signed by the registrar.
Section 74 BEFORE changes were made by 2001-37-6 effective September 26, 2001 (BC Reg 215/01).
Section 75 BEFORE changes were made by 2001-37-7 effective September 26, 2001 (BC Reg 215/01).
Section 77 BEFORE changes were made by 2001-37-8 effective September 26, 2001 (BC Reg 215/01).
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada