BILL NO. 43

(a) the holder of a permit under this Act; or

(b) a salesperson authorized by the holder of a permit as a direct seller to act on the permit holder's behalf.

(2) An individual engaged in the direct selling of hearing aids or hearing-aid services must hold a permit as a salesperson.

(a) the applicant or any director, manager or officer of the applicant

(b) the circumstances are such that, in the Registrar's opinion, it would not be in the public interest to issue a permit.

(2) No salesperson shall sell or offer for sale or solicit orders for the future delivery of goods or services of any class or sort other than those specified in the permit of the direct seller on whose behalf the salesperson is acting.

(a) has failed to comply with any of the terms, conditions or restrictions to which the permit is subject;

(b) has made a material misstatement in any information or material submitted by the permit holder to the Registrar;

(c) has been found guilty of misrepresentation, fraud or dishonesty;

(d) has demonstrated the permit holder's incompetency or untrustworthiness to carry on the business in respect of which the permit was issued;

(e) is not carrying on business in the Province; or

(f) being a corporation, has been dissolved or struck off the register of companies.

(2) Where a continuing-services contract is about to expire, the direct seller shall, between thirty and sixty days before the expiry date of the contract, provide written notice to the purchaser stating

(a) the date that the contract is set to expire, and that this notice is written notice that the contract will terminate on that date; or

(b) the date that the contract is set to expire, but that the contract will be automatically extended, on a monthly basis and on otherwise the same terms as at present, until either the purchaser or the direct seller gives notice to the other that the contract is not to be further extended.

(3) On the expiry date of a continuing-services contract, where

(a) notice has been given to the purchaser under subsection (2); and

(b) neither the direct seller nor the purchaser has given notice to the other that the contract is not to be extended,

the contract is automatically extended, on the same terms, for an additional one-month term, and the direct seller shall continue to automatically extend the contract, for additional one-month terms, until either the supplier or the customer gives notice to the other that the contract is not to be further extended.

(4) No direct seller shall charge a purchaser a fee for the extension of a continuing-services contract or any other fee, charge, penalty, interest or other amount or consideration for the extension of a contract under this Section.

(5) For the purpose of subsection (1), all continuing-services contracts, except a contract extended under subsection (3), that

(a) are in effect between the same direct seller and the same purchaser at the same time; and

(b) provide for the performance of the same or similar services,

are deemed to be a single contract, regardless of whether services are being supplied concurrently under two or more of the contracts.

(6) Where a continuing-services contract does not comply with subsection (1),

(a) the contract is not binding on the purchaser in respect of the period in excess of three years;

(b) the direct seller shall refund to the purchaser, within fifteen days after receiving a request from the purchaser, all money paid under the contract for the period in excess of three years; and

(c) where the direct seller does not comply with clause (b), the purchaser may recover as a debt due all money paid under the contract for the period in excess of three years.

(2) A notice given pursuant to subsection (1) may be served on the direct seller in any manner that permits the purchaser to produce evidence that the purchaser cancelled the contract, including registered mail or personal delivery to the direct seller's last known address.

(3) Where a method of sending or delivering the cancellation notice other than personal delivery is used, a notice of cancellation is deemed to be given when sent.

(4) For greater certainty, where a purchaser cancels a continuing-services contract under subsection (1), Sections 22 and 23 apply.

21B (1) In addition to the cancellation rights provided for by Section 21, a contract between a multi-level marketing distributor and a multi-level marketing wholesaler in relation to a multi-level marketing plan may be cancelled by the multi-level marketing distributor at any time for any reason by giving written notice to the multi-level marketing wholesaler.

(2) A notice given pursuant to subsection (1) may be served on the multi-level marketing wholesaler in any manner that permits the multi-level marketing distributor to produce evidence that the multi-level marketing distributor cancelled the contract, including registered mail or personal delivery to the multi-level marketing wholesaler's last known address.

(3) Where a method of sending or delivering the cancellation notice other than personal delivery is used, a notice of cancellation is deemed to be given when sent.

(4) Where a multi-level marketing distributor cancels a contract under subsection (1), Sections 22 and 23 apply mutatis mutandis.

(2) A compliance order shall

(a) name the person in respect of whom the order is issued;

(b) describe the person's act or practice that is contravening, is about to contravene or has contravened this Act or the regulations;

(c) identify the provision of this Act or the regulations that is being contravened, is about to be contravened or has been contravened; and

(d) be dated and signed by the Registrar.

(3) In a compliance order, the Registrar may order a person to stop engaging in or to not engage in a specified act or practice and to comply with this Act and the regulations.

(4) The Registrar shall serve a copy of the compliance order on the person named in the order.

29B (1) Where the Registrar is satisfied that a person in respect of whose conduct a compliance order has been issued is not complying with the order, the Registrar may apply to the Supreme Court of Nova Scotia for an order directing the person to comply with the compliance order.

(2) Upon hearing an application of the Registrar made under subsection (1), the Supreme Court may make any order that the Court considers necessary, in addition to the order directing the person to comply with the compliance order.

29C (1) The Registrar may publish any of the following information, including personal information as defined in the Freedom of Information and Protection of Privacy Act:

(a) the name and business address of a permit holder;

(b) any information appearing on a permit;

(c) any information relating to the status of a permit issued under this Act, including the suspension or cancellation of a permit;

(d) details of any compliance order issued under Section 29A;

(e) details of any court order made under this Act;

(f) details of any conviction for an offence under this Act;

(g) any other information prescribed by the regulations.

(2) The Registrar may publish the information referred to in subsection (1) in whatever form and manner the Registrar considers appropriate.

(2) No direct seller or salesperson shall establish, operate, advertise or promote a scheme of pyramid selling.

(2) The liability of the assignee is limited to the total amount owing to the direct seller at the date of assignment under the direct sales contract.

34B No action or other proceeding may be brought against Her Majesty in right of the Province, the Minister, the Registrar, any person acting under the authority of the Registrar or any other employee or agent of Her Majesty in right of the Province for anything done or not done, or for any neglect,

(a) in the performance or intended performance of a duty under this Act or the regulations; or

(b) in the exercise or intended exercise of a power under this Act or the regulations,

if the person was acting in good faith.

(aa) prescribing classes of direct sales contracts to which this Act does not apply;

(ab) prescribing categories of persons exempted from the application of this Act;

(ac) prescribing categories of sales exempted from the application of this Act;

(ad) prescribing the period during which a permit is valid;

(ae) respecting the qualifications, education and training that a salesperson or an applicant for a permit as a salesperson must possess, and the testing and other requirements that a salesperson or an applicant for a permit as a salesperson must pass or satisfy, including authorizing the Registrar to determine or approve the qualifications, education and training that a salesperson or an applicant for a permit as a salesperson must possess and the testing and other requirements that a salesperson or an applicant for a permit as a salesperson must pass or satisfy;

(eb) prescribing information that may be published by the Registrar for the purpose of Section 29C;

(heb) respecting the content and form of notices required under Section 20A;

(hha) respecting the return of goods to a direct seller by the purchaser upon the cancellation of a direct sales contract, including

(3) A standard, rule, regulation, guideline, designation, code or document that is adopted or incorporated by reference under subsection (2) may be adopted or incorporated as it reads on a prescribed day or as it is amended from time to time.

(4) Where a standard, rule, regulation, guideline, designation, code or document is adopted or incorporated by reference under subsection (2), the Minister shall ensure that a copy of the standard, rule, regulation, guideline, designation, code or document is made publicly available.

(a) contravenes this Act or the regulations;

(b) fails to comply with a compliance order or fails to do anything required by the Registrar under this Act or the regulations;

(c) knowingly furnishes false information in any application, statement, information or material required to be provided or submitted under this Act or the regulations; or

(d) fails to comply with a term, condition or restriction to which the person's permit is subject.

(2) Subject to subsections (3) and (4), every person who is guilty of an offence under this Act is liable on summary conviction to a fine of not less than five hundred dollars and not more than twenty-five thousand dollars or to imprisonment for a period of up to two years, or to both a fine and imprisonment.

(3) Subject to subsection (4), where a corporation is convicted of an offence under this Act, the corporation is liable to a fine of not less than one thousand dollars and not more than three hundred thousand dollars.

(4) Where a person is guilty of an offence for having contravened Section 5 or having failed to comply with a compliance order, the minimum fine that may be imposed upon the person is

(a) for a first offence

(6) Where an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

(7) Where a corporation is guilty of an offence under this Act, a director, officer, manager or agent of the corporation who directed, authorized, permitted, acquiesced in or participated in the contravention is also guilty of an offence and is liable on summary conviction to the penalties set out in subsections (2) and (4), whether or not the corporation has been prosecuted or convicted.