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AR 185/99 PREPAID CONTRACTING BUSINESS LICENSING REGULATION

(Consolidated up to 198/2016)

ALBERTA REGULATION 185/99

Fair Trading Act

PREPAID CONTRACTING BUSINESS LICENSING REGULATION

Table of Contents


                1      Definitions

                2      Licences

                3      Replacement licence

                4      Apprenticeship and Industry Training Act

                5      Security

                6      Term

                7      Fees

                8      General Licensing and Security Regulation

             8.1      Prohibited practices

                9      Duty to provide identification card

              10      Requirements for contracts

              11      Offences

           11,1      Unfair practice

              12      Transitional

              13      Repeal

              14      Expiry

              15      Coming into force

Definitions

1   In this Regulation,

                               (a)    “Act” means the Fair Trading Act;

                           (a.1)    “energy audit” means an inspection, survey or assessment of the energy usage or efficiency of a home or any of its components;

                              (b)    “licence” means a prepaid contracting business licence established by this Regulation;

                               (c)    “prepaid contract” means a prepaid contract as defined in section 5 of the Designation of Trades and Businesses Regulation;

                              (d)    “prepaid contracting business” means the business designated as the prepaid contracting business under the Designation of Trades and Businesses Regulation.

AR 185/99 s1;198/2016

Licences

2(1)  The class of licence to be known as the prepaid contracting business licence is established.

(2)  A person who holds a prepaid contracting business licence is authorized to engage in the prepaid contracting business.

(3)  The Director may specify in a licence the class of goods or services that may be sold under the licence.

(4)  No licensee may engage in the prepaid contracting business in respect of a class of goods or services unless that class is specified in the licensee’s licence.

Replacement licence

3   If a licensee intends to engage in the prepaid contracting business in respect of a class of goods or services not specified in the licensee’s licence, the licensee must apply to the Director for a replacement licence that adds the class to the licence that is being replaced.

Apprenticeship and Industry Training Act

4   If, in the opinion of the Director, the Apprenticeship and Industry Training Act applies to the operation of the business for which a licence is sought, the Director may require an applicant for a licence to furnish proof satisfactory to the Director that the applicant has complied with that Act.

Security

5(1)  No licence may be issued or renewed unless the applicant submits to the Director a security that is in a form and in an amount approved by the Director.

(2)  The Director may, if the Director considers it appropriate, increase the amount of the security that is to be provided by a licensee before the term of the licence expires.

Term

6(1)  The term of a licence expires on the last day of the 12th month after it is issued or renewed.

(2)  The term of a replacement licence expires when the licence it replaces would have expired.

Fees

7(1)  The fee for a licence is $60.

(2)  The fee for a replacement licence is $30.

General Licensing and Security Regulation

8   The General Licensing and Security Regulation applies to the prepaid contracting business.

Prohibited practices

8.1(1)  A prepaid contracting business shall not solicit, negotiate or conclude a prepaid contract at a consumer’s home for the following goods and services:

                               (a)    furnaces;

                              (b)    air conditioners;

                               (c)    water heaters;

                              (d)    windows;

                               (e)    energy audits.

(2)  Subsection (1) does not apply if the consumer invites a prepaid contracting business to attend at the consumer’s home and the invitation complies with subsection (3).

(3)  An invitation by a consumer must be

                               (a)    express,

                              (b)    made

                                        (i)    by phone, e‑mail, text or other electronic communication,

                                      (ii)    through the direct selling business’s website, or

                                     (iii)    in person at the direct selling business’s normal place of business or at such other place where the direct selling business is conducting business,

                                  and

                               (c)    made before the direct selling business attends at the consumer’s home.

(4)  A prepaid contracting business who has been invited to attend in person at a consumer’s home to perform an energy audit shall not solicit, negotiate or conclude a consumer transaction for the supply of any of the goods and services referred to in subsection (1) while attending in person at the consumer’s home.

(5)  For the purpose of this section, a prepaid contracting business is attending in person at a consumer’s home if any employee, representative, agent or contractor of the prepaid contracting business attends at the consumer’s home.

AR 198/2016 s3

Duty to provide identification card

9(1)  Every licensee must provide every individual who engages in prepaid contracting business on behalf of the licensee with an identification card that

                               (a)    shows the individual’s name and the name, address and licence number of the licensee on whose behalf the individual is acting, and

                              (b)    is signed by the signing authority appointed by the licensee.

(2)  An individual who has been given an identification card must produce it when requested to do so by

                               (a)    a customer or potential customer,

                              (b)    an inspector or the Director, or

                               (c)    a peace officer as defined in the Provincial Offences Procedure Act.

(3)  An individual who ceases to act on behalf of a licensee must as soon as is reasonably possible after ceasing to act return the identification card to the licensee.

Requirements for contracts

10(1)  This section applies to prepaid contracts in which the value of the goods or services to be provided under the contract is more than $200.

(2)  A person who is engaged in the prepaid contracting business must ensure that every prepaid contract that the person enters into

                               (a)    complies with the requirements of section 35 of the Act, and

                              (b)    sets out quality or types of materials to be used under the contract and the services and work to be carried out under the contract.

(3)  A person who is engaged in the prepaid contracting business and who enters into a prepaid contract with a buyer must provide a copy of the signed contract to the buyer

                               (a)    on or before the date work commences under it, or

                              (b)    within 10 days after the buyer signs the contract,

whichever occurs first.

AR 185/99 s10;183/2011

Offences

11   A contravention of section 2(4), 8.1(1) or (4), 9 or 10 is, for the purposes of section 162 of the Act, an offence.

AR 185/99 s11;198/2016

Unfair practice

11.1   A contravention of section 8.1(1) or (4) is an unfair practice.

AR 198/2016 s3

Transitional

12   A licence under the Prepaid Contracting Business Licensing Regulation (AR 314/82) is continued as a licence under this Regulation.

Repeal

13   The Prepaid Contracting Business Licensing Regulation (AR 314/82) is repealed.

Expiry

14   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 30, 2020.

AR 185/99 s14;108/2002;71/2012;66/2015

Coming into force

15   This Regulation comes into force on September 1, 1999.