Bill 38 — Fourth Session, 16Th Legislature, 20 Elizabeth Ii the Legislative Assembly of Alberta Bill 38 An Act To Amend the Direct Sales Cancellation Act (Legislature 16, Session 4)

L16 S4 4877

Alberta — Bills

1971 Bill Fourth Session, 16th Legislature, 20 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL

An Act to amend The Direct Sales Cancellation Act THE MINISTER OF INDUSTRY AND TOURISM First Reading Second Reading Third Reading Printed by L. S. Wall, Queen's Printer, Edmonton BILL

AN ACT TO AMEND THE DIRECT SALES CANCELLATION ACT (Assented to , 1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Direct Sales Cancellation Act is hereby amended.

Section 2, subsection (1), clause (

e) is amended (

a) as to subclause (i'

i) by inserting after the words "an agreement under which the buyer~" the words "at some future time,", (

b) by adding after subclause (ii) the following sub clause: (ii.1) an agreement under which the buyer does some act or pays a price in excess of $25 and there upon becomes entitled to be the owner of goods or to have a service performed, or 3.

Section is a'mended (

a) by striking out the words "as against the seller" wherever they appear, (

b) as to subsection (2), clause (

b) by striking out the nU1nber "4" and by substituting the number "5" . . 4. The

Schedule is amended as to paragraph by strik ~ng out the words "2 or 3" and by substituting the words "2, 3 or 4" . . 5. This Act comes into force on the day upon which it ~s assented to. Explanatory Notes I. This Bill amends

chapter of the Revised Statutes of Alberta 1970. 2. This amendment resolves any ambiguity as to whether the Act applies to cash sales. Section 2 (1) (e) (ii) presently reads: (e) ';sales contract" Ineans (ii) an agreement under which the buyer, upon the happening of an event or the payment .af the price or compliance with a condition, will become the owner of goods or entitled to the performance of services or both, or 3. This amendment would make void a contract which does not comply with

section as a seller who has the money has nothing to enforce and the Act by inference applies only to written con tracts.

Section presently reads: h 5.

(1) A sales contract is void as against the seller if with respect t eret~ the seller gives, m' offers to give, a rebate or discount to the bUyer III consideration of his giving the sellel' the names of prospective Purchas~rs or otherwise aiding the seller in making a sale to another p.erson, If the earning of the rebate, discount or other value is con tIngent upon the occurrence of an event subsequent to the time the bUyer agrees to buy.

(2) A sales contract is void as against the seller unless (

a) it is signed by the buyer, (

b) it contains a notice in the form in the

Schedule to this Act and completed as to paragraph thereof, and the notice is at least as prominent as the rest of the contents of the sales contract, and (

c) a copy of it is received by the buyer, by personal delivery or by n:ail , within seven days after t11'e clay the sales contract wa~ 'SIgned by thE' buyer. 4. Self-explanatory. Title: 1971 (16th, 4th) Bill 38,

An Act to amend The Direct Sales Cancellation Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4877
Type	bill
Volume / chapter	L16 S4 4877
Language	en
Format	json
Source	PROVINCIAL
Identifier	7f338464e65dfe74869cd6820d08f72d5de50777

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