Approval Regulations (N.S. Reg. 242/2016) (just regulations regs dsregs.htm)
N.S. Reg. 242/2016
Nova Scotia — Regulations
This consolidation is unofficial and is for reference only.
For the official version of the regulations, consult the original documents on file with the Registry of Regulations , or refer to the Royal Gazette
Part II .
Regulations are amended frequently.
Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2016, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
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a) repealed: O.I.C. 2016-277, N.S. Reg. 242/2016.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
(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
(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.
(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.
(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
(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
(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)
$150
$150
$150
C1A
$150
C1B
$500
$150
$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 1 st quarter (the first 3 months) from the date of issue of the
Category H1 or H2 direct seller’s permit
$52.95
within the 2 nd quarter (months 4 to 6) from the date of issue of the
Category H1 or H2 direct seller’s permit
$37.35
within the 3 rd quarter (months 7 to 9) from the date of issue of the
Category H1 or H2 direct seller’s permit
$24.95
within the 4 th 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
(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
less than $500
$5000
$500 or greater
$10 000
any amount
$10 000
any amount
$20 000
C1A
any amount
$10 000
C1B
any amount
$20 000
any amount
$20 000
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.
(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.
(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.
(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.
(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
(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.