This is an official version.
Copyright © 2012: Queen's Printer,
Statutes of Newfoundland and Labrador 2012
AN ACT TO AMEND THE CONSUMER PROTECTION AND BUSINESS PRACTICES ACT NO. 2
(Assented to June 27, 2012)
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
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 Paragraph 84(b) of the Consumer Protection and Business Practices Act is repealed and the following substituted: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.
2. 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 Subsection 86(1) of the Act is repealed and the following substituted: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
86. (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.
4. Section 89 of the Act is repealed and the following substituted:
Production of licence
89. (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.
5. Paragraph 90(b) of the Act is repealed and the following substituted: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
6. This Act is considered to have come into force on December 1, 2009.