Definitions

1  In this regulation:

"Act" means the Consumer Protection Act.

[am. B.C. Reg. 215/2001, s. (b)].

 Limitation on down payment

1.1  For the purpose of section 11.2 of the Act, a direct sale is unenforceable if the direct seller requires a down payment that is more than $100 or 10% of the purchase price, whichever is less.

[en. B.C. Reg. 441/99, App. 2, s. 1.]

 Amount of purchase price

2  The amount of the purchase price for the purposes of section 13 of the Act is $50.

 Notice of buyer's rights of cancellation and other requirements for direct sales contracts

3  (1)  For the purposes of section 14 (a) of the Act, the notice of the buyer's rights of cancellation must be in the form set out in Schedule A.

(2)  The following requirements apply to the notice:

(a) the heading "Buyer's Right to Cancel" must be in bold and in at least 12 point type;

(b) the first paragraph of the notice must be in at least 12 point type;

(c) the content of the notice, other than the matters described in paragraphs (a) and (b), must be in at least 10 point type.

(3)  If the notice is not on the first page of the written direct sales contract, the first page must contain a statement, in bold and in at least 12 point type, directing the buyer to that part of the contract where the notice may be found.

(4)  For the purposes of section 14 (c) of the Act, the written direct sales contract must also contain the following matters:

(a) the name and address of the buyer;

(b) the direct seller's name, business address, telephone number and, if applicable, fax number;

(c) the salesperson's name, printed or signed in a manner that allows the buyer to determine that name;

(d) the date on which and place where the contract is entered into;

(e) a detailed description of the goods or services provided under the contract;

(f) an itemized purchase price for the goods, services or both, as the case may be, provided under the contract;

(g) the total amount payable under the contract;

(h) any condition, warranty or guarantee that applies to the direct sale;

(i) if it is an executory contract,

(i)  the date on which goods, services or both, as the case may be, will be supplied or delivered to the buyer or will begin to be supplied or delivered to the buyer, and

(ii)  the date on which the supply or delivery described in subparagraph (i) will be complete;

(j) if credit is extended or arranged by the direct seller, particulars of any security interest, as defined in the Personal Property Security Act, taken to secure the payment of the purchase price;

(k) a description of each trade-in and its cash value;

(l) the signature of the buyer and the direct seller.

[Section 14 (b) of the Act also requires that the contract contain a detailed statement of the terms of payment including interest.]

[en. B.C. Reg. 441/99, App. 2, s. 2.]

 Repealed

4  Repealed. [B.C. Reg. 215/2001, s. (b).]

 Exemptions from application of the Act and regulations

5  (1)  This section describes classes of transactions and direct sellers that are exempt from the application of section 11 of the Act and section 3 of this regulation.

(2)  A seller who makes a direct sale at a place other than the seller's permanent place of business is exempt under subsection (1) if

(a) the seller attends that place in response to the purchaser's express request to do so,

(b) the purchaser's request is solicited by or on behalf of the seller by means of a written advertisement or publication, and

(c) the advertisement or publication

(i)  contains a genuine offer to sell the type of goods or services to be provided under the direct sale, and

(ii)  does not present an offer to directly or indirectly give or award any gift, premium, prize or benefit to a person on the condition that the person

(A)  attend or receive a presentation or demonstration or be subject to any other type of solicitation,

(B)  purchase any other type of goods or services, or

(C)  give any consideration or pay, or be obliged to pay, a fee or charge of any type, including, without limitation, any delivery charge or processing, handling or shipping fee.

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

(a) direct sellers who are real estate agents licensed under the Real Estate Act;

(b) direct sellers that are societies incorporated under the Society Act;

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

(d) direct sellers who are insurance agents licensed under Division 2 of Part 6 of the Financial Institutions Act;

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

(f) direct sellers that are security businesses or security employees licensed under the Private Investigators and Security Agencies Act.

(4)  Direct sellers who conduct sales 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.

[en. B.C. Reg. 441/99, App. 2, s. 3; am. B.C. Reg. 215/2001, s. (b).]

 Repealed

6-8  Repealed. [B.C. Reg. 215/2001, s. (b).]