First

Session, 47th General Assembly

Elizabeth II, 2012

BILL 26

AN ACT TO AMEND THE

CONSUMER PROTECTION

AND BUSINESS PRACTICES ACT NO. 2

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

PAUL DAVIS

Minister

of Service Newfoundland and Labrador

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Consumer Protection and Business Practices

Act to remove the requirement that salespersons or persons who perform

services related to the management of the business of a direct seller be

licensed, effective December 1, 2009.

A BILL

AN ACT TO AMEND THE CONSUMER PROTECTION AND

BUSINESS PRACTICES ACT NO. 2

Analysis

S.84 Amdt.

Definitions

S.85 Amdt.

Licence required

S.86 Amdt.

Denial of licence

S.89 R&S

Production of licence

S.90 Amdt.

Certificate of registrar

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2009 cC-31.1

as amended

1. Paragraph 84(

b) of the Consumer Protection and Business Practices Act is repealed and the

following substituted:

(b) "direct seller" means a supplier who

solicits consumers to enter into a direct sales contract, enters into a direct

sales contract with consumers, or both.

Section 85 of the Act is amended by adding

immediately after subsection (1) the following:

(1.1) Notwithstanding subsection (1), a salesperson

of a direct seller licensed under subsection (1) is not required to be licensed.

3. Subsection 86(1) of the Act is repealed and the

following substituted:

Denial of licence

(1) An

applicant for a licence to carry on the business of a direct seller is entitled

to be granted the licence unless in the opinion of the director

(

a) the applicant's record of past conduct is such

that it would not be in the public interest to grant it; or

(

b) the applicant is an undischarged bankrupt.

Section 89 of the Act is repealed and the

following substituted:

Production of

licence

(1) A

direct seller licensed under this Act shall produce its licence for inspection

when requested to do so by a person whom it has solicited as a direct seller.

(2) A salesperson of a direct seller licensed

under this Act shall produce a copy of the direct seller's licence for

inspection when requested to do so by a person whom he or she has solicited as

a direct seller.

(3) A credit reporting agency licensed under this

Act shall produce his or her licence for inspection when requested to do so by

a person who is the subject of a credit report by a credit reporting agency.

6. Paragraph 90(

b) of the Act is repealed and the

following substituted:

(

b) a licence was issued to a direct seller or

credit reporting agency; or

Commencement

6. This Act is considered to have come into force

on December 1, 2009.

William E. Parsons, Queen's Printer