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Alberta Regulation 1/2006
Fair Trading Act
AUTOMOTIVE BUSINESS AMENDMENT REGULATION
Filed: January 9, 2006
For information only:   Made by the Minister of Government Services 
(M.O. C001/2006) on January 5, 2006 pursuant to sections 105(1)(d), 139(h) and 
140(3)(d) of the Fair Trading Act. 
1   The Automotive Business Regulation (AR 192/99) is 
amended by this Regulation.



2   Section 1 is amended
	(a)	by renumbering it as section 1(1);
	(b)	in subsection (1)
	(i)	in clause (d) by striking out "the compensation 
fund" and substituting "the fund";
	(ii)	by adding the following after clause (e):
	(e.1)	"consumer" means
	(i)	an individual who receives or has the right to 
receive goods or services for personal use 
from an automotive business as a result of a 
purchase, lease, gift, contest or other 
arrangement, but does not include an 
individual who intends to sell the goods after 
receiving them, or
	(ii)	a business with a commercial fleet of 5 or 
fewer vehicles that receives or has the right to 
receive goods or services for business use 
from an automotive business as a result of a 
purchase, lease, gift, contest or other 
arrangement, but does not include a business 
that intends to sell the goods after receiving 
them;
	(iii)	in clause (h) by striking out "motor";
	(iv)	by repealing clause (i) and substituting the 
following:
	(i)	"recycler and dismantler" means a person who 
carries on the activities of purchasing and 
dismantling or disassembling wrecked, abandoned 
or damaged vehicles and selling
	(A)	the usable parts,
	(B)	the vehicle as a unit at wholesale, or
	(C)	the hulk of the vehicle after the usable parts 
have been removed;
	(v)	in clause (j) by striking out "motor";
	(vi)	by adding the following after clause (j):
	(k)	"vehicle" means
	(i)	a motor vehicle as defined in the Traffic 
Safety Act, but does not include a motor cycle 
or off-highway vehicle as defined in that Act, 
and
	(ii)	a recreational vehicle intended to be towed 
that combines transportation and temporary 
living accommodations for the purpose of 
travel or camping;
	(l)	"wholesaler" means an automotive business that 
buys vehicles from, sells or consigns vehicles to or 
exchanges vehicles with other automotive 
businesses exclusively, and includes an automotive 
business that buys vehicles from members of the 
public for sale to other automotive businesses but 
not to consumers.
	(c)		by adding the following after subsection (1):
(2)  The definition of "consumer" in section 1(1)(b) of the Act 
does not apply to this Regulation.

3   Section 2 is repealed.

4   Section 3(2) to (6) are repealed and the following is 
substituted:
(2)  A person who holds an automotive sales licence is authorized to 
carry on a class or classes of the activity of buying or selling vehicles 
as specified by the Director, including, but not limited to, selling 
vehicles as
	(a)	a retailer,
	(b)	a wholesaler, or
	(c)	an agent or broker,
but not including selling vehicles on consignment.
(3)  A person who holds an automotive leasing licence is authorized 
to carry on a class or classes of the activity of leasing vehicles as 
specified by the Director.
(4)  A person who holds an automotive consignment licence is 
authorized to carry on a class or classes of the activity of selling 
vehicles on consignment as specified by the Director.
(5)  A person who holds an automotive repair licence is authorized to 
carry on the activities of
	(a)	repairing vehicles,
	(b)	servicing vehicles,
	(c)	recycling and dismantling vehicles, or
	(d)	installing parts or equipment in vehicles
as specified by the Director on the licence.
(6)  For the purposes of subsection (5), "installing" includes but is 
not limited to the installation of anti-theft systems, stereo, 
audio-visual and remote start systems and modification kits.
(7)  A person who holds an automotive business licence is not 
authorized to carry on any class or classes of activities that are not 
specified on the licence.

5   Section 3.1 is repealed.

6   Section 4 is amended
	(a)	by renumbering it as section 4(1);
	(b)	in subsection (1)(b) by striking out "standards of 
conduct" and substituting "codes of conduct";
	(c)	by adding the following after subsection (1):
(2)  The Director may require an applicant for a class of 
automotive business licence to furnish a security in a form and 
amount approved by the Director.

7   Section 5 is repealed and the following is substituted:
Term of licence
5(1)  An automotive business licence has a term of one year and 
may be renewed for additional one-year terms.
(2)  In a case where, in the opinion of the Director, it is in the 
public interest to issue or renew a licence referred to in section 3 
for a term of less than one year, the Director may do so.

8   Section 6 is repealed and the following is substituted:
Death of business operator
6   If a business operator dies during the term of the licence, the 
licence is deemed to be held by
	(a)	the business operator's executor,
	(b)	the administrator of the business operator's estate, or
	(c)	the business operator's next of kin where letters of 
administration have not been granted.

9   Section 8 is amended by striking out "licensee" and 
substituting "business operator".

10   Section 9 is amended
	(a)	by striking out "licensee" wherever it occurs and 
substituting "business operator";
	(b)	by adding "create and" before "maintain financial 
records";
	(c)	by striking out "engaged in the business" and 
substituting "carrying on the activities".

11   Section 10 is amended
	(a)	by striking out "licensee" wherever it occurs and 
substituting "business operator";
	(b)	by striking out "licensee's" and substituting "business 
operator's".

12   The heading before section 11 is struck out and the 
following is substituted:
Codes of Conduct

13   Section 11 is amended
	(a)	by renumbering it as section 11(1);
	(b)	in subsection (1)
	(i)	by striking out "licensee" wherever it occurs and 
substituting "business operator";
	(ii)	by striking out "licensee's" and substituting 
"business operator's";
	(c)	in subsection (1)(b) by adding "in the case of print and 
television advertising," before "that";
	(d)	by adding the following after subsection (1):
(2)  A business operator must ensure that every advertisement 
for an automotive business that promotes the use or purchase 
of goods or services
	(a)	states whether the vehicle pictured in the advertisement 
is or is not the specific vehicle that is for sale,
	(b)	identifies vehicles that have been used as taxi cabs, 
police cars or emergency vehicles or that have been 
recertified when the previous use or condition of the 
vehicles is known to the business operator,
	(c)	does not misrepresent, through statements or omissions, 
a vehicle's mechanical or structural condition,
	(d)	uses descriptions and makes promises only in 
accordance with actual conditions, situations and 
circumstances,
	(e)	does not use a font that due to its size or other visual 
characteristics is likely to materially impair the 
legibility or clarity of the advertisement and, without 
limiting the generality of the foregoing, in no case uses 
a font size smaller than 8 points,
	(f)	does not use the words, or words similar to, 
"demonstrator vehicle" or "demo vehicle" unless the 
vehicle in question was purchased new by the business 
operator and used solely for the normal business of the 
business operator,
	(g)	does not use the words, or words similar to, "savings", 
"discount", "percentage off the purchase price", "free", 
"invoice price", "below invoice", "dealer's cost", "at 
cost" or a price that is a specified amount above or 
below invoice or cost unless the claims represented by 
the words can be substantiated,
	(h)	does not use the words, or words similar to, 
"wholesale", "take over payments" or "repossession" 
unless the claims represented by the words are 
objectively and demonstrably true,
	(i)	does not imply a warranty exists with respect to a 
vehicle or a repair or service unless such a warranty 
with respect to the vehicle, repair or service exists and is 
available at the price advertised,
	(j)	does not make comparisons or claims of superiority 
unless the results of the comparisons or the claims can 
be substantiated,
	(k)	does not offer a guaranteed trade-in allowance for any 
vehicle regardless of make, year or condition,
	(l)	includes in the advertised price for any vehicle the total 
cost of the vehicle, including, but not limited to, all fees 
and charges such as the cost of accessories, optional 
equipment physically attached to the vehicle, 
transportation charges and any applicable taxes or 
administration fees, but not including GST or costs and 
charges associated with financing, and
	(m)	includes the stock number of the specific vehicle that is 
advertised as being available for sale at the time the 
advertisement is placed.

14   Sections 12 to 15 are repealed and the following is 
substituted:
General codes of conduct
12   Every business operator must comply with section 6 of the 
Act and in addition must
	(a)	not make any representations, statements or claims that 
are not true or are likely to mislead a consumer,
	(b)	use only timely, accurate, verifiable and truthful 
comparisons that can be supported with established and 
reliable data,
	(c)	not abuse the trust of a consumer or exploit any fear or 
lack of experience or knowledge of a consumer,
	(d)	not use undue, excessive or unreasonable pressure on a 
consumer to complete a transaction,
	(e)	not make any verbal representations regarding contracts, 
rights or obligations that are not contained in written 
contracts,
	(f)	not make any representation that savings, price benefits 
or advantages exist if they do not exist or if there is no 
evidence to substantiate the representation,
	(g)	not use threatening, intimidating, abusive or coercive 
language in discussions with a consumer,
	(h)	not charge a price for goods or services that is more 
than 10%, to a maximum of $100, higher than the 
estimate given for those goods or services unless
	(i)	the consumer has expressly consented to the higher 
price before the goods or services are supplied, or
	(ii)	if the consumer requires additional goods or 
services, the consumer and the supplier agree to 
amend the estimate in a consumer agreement,
	(i)	not make any representation to a consumer that the 
business has the ability to install equipment or to 
perform a particular repair or service unless the business 
has the equipment, tools and expertise necessary to 
complete the installation, repair or service,
	(j)	not subcontract repair work without the knowledge and 
prior consent of the consumer,
	(k)	when rebuilding or restoring a vehicle, do so in such a 
manner that it conforms to or exceeds the original 
manufacturer's established standards or specifications 
and allowable tolerances for the particular model and 
year unless the consumer has consented in writing to a 
specific different standard before the rebuilding or 
restoration is done,
	(l)	not substitute used, rebuilt, salvaged or straightened 
parts for new replacement parts without the consumer's 
knowledge and prior consent,
	(m)	provide the consumer in writing with information 
regarding the parts installed, including whether they are 
original equipment manufacturer's parts or from another 
source, and whether they are new, used or 
reconditioned,
	(n)	offer to return all parts removed from the vehicle in the 
course of work or repairs to the consumer, and return 
them unless advised by the consumer that the consumer 
does not require the parts to be returned, and
	(o)	comply with any legislation that may apply to the 
selling, leasing, consigning, repairing, installing, 
recycling or dismantling of vehicles.

15   Section 16 is amended
	(a)	in subsections (1) to (3) by striking out "licensee" 
wherever it occurs and substituting "business 
operator";
	(b)	by repealing subsections (4) and (5) and 
substituting the following:
(5)  A salesperson who acts on behalf of more than one business 
operator within the same class of automotive business licence 
must be registered separately in respect of each such business 
operator but is required to pay only one registration fee annually.
	(c)	in subsections (6) to (8) by striking out "licensee" 
wherever it occurs and substituting "business 
operator".

16   Section 20.1 is repealed and the following is 
substituted:
Acting on behalf of business operator
20.1   No business operator may allow a salesperson to act on the 
business operator's behalf unless
	(a)	the salesperson is registered for the class of licence held 
by the business operator, and
	(b)	the business operator authorizes the salesperson to act 
on its behalf.

17   Section 21 is amended
	(a)	in subsection (1) by striking out "licensee" wherever 
it occurs and substituting "business operator";
	(b)	by repealing subsection (2) and substituting the 
following:
(2)  The business operator must notify the Director either before 
the salesperson ceases to be authorized or within 15 days after 
the salesperson ceases to be authorized.

18   Section 25 is amended by striking out "licensee" 
wherever it occurs and substituting "business operator".

19   Section 26 is repealed and the following is substituted:
Investments
26   Subject to section 28, the Council may invest the money in the 
compensation fund only in securities or classes of securities in 
which trustees are permitted to invest trust funds under the Trustee 
Act.

20   Section 32 is amended
	(a)	in subsection (1)
	(i)	by striking out "an individual" and substituting "a 
consumer";
	(ii)	by striking out "motor";
	(iii)	by striking out "the individual" and substituting 
"the consumer";
	(b)	in subsection (2) by striking out "motor".

21   Section 33 is amended
	(a)	by striking out "motor" wherever it occurs;
	(b)	by repealing subsection (2)(c)(iv) and substituting 
the following:
	(iv)	the history of the vehicle within the consignor's 
knowledge, setting out any special uses of the vehicle, 
such as police or taxi use, whether it was recertified and 
any other information that a reasonable buyer would 
want to be aware of;
	(c)	by repealing subsection (3)(c) and substituting the 
following:
	(c)	the business operator agrees to provide to the consignor, 
within 14 days of the date of sale of the vehicle, a copy 
of the bill of sale that sets out the purchase price for 
which the vehicle was sold.

22   The following is added after section 33:
Paying out proceeds
33.1(1)  A business operator who enters into a consignment 
agreement to sell a consignor's vehicle must, within 14 days of the 
date that the operator sells the vehicle,
	(a)	if the business operator has knowledge that the vehicle 
is subject to a lien,
	(i)	issue a cheque for the amount owing under the lien 
payable to the lienholder and take reasonable steps 
to ensure that the lienholder receives the amount 
owing, and
	(ii)	provide to the consignor a cheque payable to the 
consignor for the consignor's share of the purchase 
price, being the purchase price less the amount 
payable to the lienholder and the business 
operator's disbursements, fees and commissions, 
and a statement of account that meets the 
requirements of subsection (2),
			and
	(b)	in any other case, provide to the consignor a cheque 
payable to the consignor for the consignor's share of the 
purchase price, being the purchase price less the 
business operator's disbursements, fees and 
commissions, and a statement of account that meets the 
requirements of subsection (2).
(2)  The statement of account must set out
	(a)	the amounts required to pay out any outstanding liens 
on the vehicle,
	(b)	a description of any vehicle or other personal property 
received as consideration for the sale of the consignor's 
vehicle and the value assigned to the vehicle or other 
property, and
	(c)	the amount payable to the consignor.
Other property received
33.2   A business operator who has entered into a consignment 
agreement to sell a consignor's vehicle and has received as 
consideration for the sale of the consignor's vehicle another 
vehicle or other personal property must, within 14 days of the date 
of the sale of the consignor's vehicle,
	(a)	give the other vehicle or personal property to the 
consignor, or
	(b)	deal with the vehicle or personal property in accordance 
with the written instructions of the consignor.
Compliance with deemed terms
33.3   A business operator who enters into a consignment 
agreement must comply with the terms that are, under section 
33(3), deemed to be contained in the consignment agreement.

23   Section 34(1) is amended
	(a)	by striking out "section 9" and substituting "section 
3(7), 9";
	(b)	by striking out "13 or 33(4)" and substituting "33(4), 
33.1 or 33.2".

24(1)  Subject to subsection (2), this Regulation comes into 
force on the coming into force of the Fair Trading 
Amendment Act, 2005.
(2)  Sections 13, 14 and 21(c) come into force on March 1, 
2006.


Alberta Regulation 2/2006
Cancer Programs Act
CANCER PROGRAMS AMENDMENT REGULATION
Filed: January 9, 2006
For information only:   Made by the Minister of Health and Wellness (M.O. 03/2006) 
on January 4, 2006 pursuant to section 22 of the Cancer Programs Act. 
1   The Cancer Programs Regulation (AR 242/98) is 
amended by this Regulation.

2   Section 6 is amended
	(a)	in subsection (1)
	(i)	by striking out "initially";
	(ii)	by striking out "for 30 days";
	(b)	by repealing subsection (2).


--------------------------------
Alberta Regulation 3/2006
Fair Trading Act
COLLECTION PRACTICES AMENDMENT REGULATION
Filed: January 12, 2006
For information only:   Made by the Minister of Government Services 
(M.O. C002/2006) on January 11, 2006 pursuant to sections 1(2), 118, 139, 143 and 
162(2) of the Fair Trading Act. 
1   The Collection Practices Regulation (AR 194/99) is 
amended by this Regulation.

2   The title of the Regulation is repealed and the following 
is substituted:
COLLECTION AND DEBT REPAYMENT 
PRACTICES REGULATION

3   Section 1 is repealed and the following is substituted:
Interpretation
Definitions
1   In this Regulation,
	(a)	"Act" means the Fair Trading Act;
	(b)	"collection agency" means a person, other than a 
collector or debt repayment agent,
	(i)	who carries on the activities of collecting or 
attempting to collect a debt or debts from a debtor 
in Alberta under any name that differs from that of 
the creditor to whom the debt is or was originally 
owed, regardless of to whom or where the payment 
is made,
	(A)	on behalf of another person, or
	(B)	where the person has purchased a debt or 
debts that is or are in arrears,
		but does not include
	(C)	a person who is collecting or attempting to 
collect a debt of which the person is the 
original creditor or owner,
	(D)	a business that purchases a debt or debts 
through acquiring or merging with a business 
in a transaction that includes the transfer of 
accounts receivable,
	(E)	a business that acquires a debt or debts 
through the seizure of accounts receivable 
under a security agreement, or
	(F)	a person to whom the contract that gave rise 
to the debt was assigned for the purpose of 
financing the transaction,
				or
	(ii)	who carries on the activities of a debt repayment 
agency;
	(c)	"collector" means an individual employed or authorized
	(i)	by a collection agency to carry on the activities of 
a collector by
	(A)	collecting or attempting to collect a debt or 
debts from a debtor,
	(B)	locating debtors in Alberta, or
	(C)	acting for or dealing with a debtor,
				or
	(ii)	by a debt repayment agency to carry on the 
activities of a debt repayment agent;
	(d)	"contact" means communications by telephone, 
facsimile, e-mail, automated call system, text messaging 
or in person, including messages left for a debtor with 
another person or by voicemail or on an answering 
machine, or any other form of communication not 
specifically excluded, but does not include 
communications that the debtor has expressly consented 
to or solicits in advance;
	(e)	"creditor" means a person to whom a debtor owes a 
debt or who has extended credit to a debtor, including, 
but not limited to, credit in the form of a sale on credit, 
a loan of money or the provision of goods and services;
	(f)	"debt" means a monetary obligation enforceable at law 
owed by a debtor in Alberta, including, but not limited 
to, a purchase on credit, accounts receivable, a loan of 
money or the provision of goods or services;
	(g)	"debt repayment agency" means a collection agency 
that carries on the activities of offering or undertaking 
to act for a debtor in Alberta in arrangements or 
negotiations with the debtor's creditors or receiving 
money from a debtor for distribution to the debtor's 
creditors in consideration of a fee, commission or other 
remuneration that is payable by the debtor;
	(h)	"debt repayment agent" means a collector employed or 
authorized by a debt repayment agency to act for or deal 
with debtors;
	(i)	"debtor" means an individual who has an obligation for 
a debt, including, but not limited to, the owner of a sole 
proprietorship, a member of a partnership or an 
individual who has provided a personal guarantee;
	(j)	"express consent" means consent in a verifiable form, 
including, but not limited to, writing and audio 
recordings;
	(k)	"representative" means a person, other than the debtor, 
that a collection agency or collector has the express 
consent of the debtor to contact and communicate with 
about the debt, but does not include a minor child.

4   Section 3 is repealed and the following is substituted:
Licences
3(1)  The following classes of licence are established:
	(a)	a collection agency licence;
	(b)	a debt repayment agency licence;
	(c)	a collector's licence;
	(d)	a debt repayment agent's licence.
(2)  No person may carry on the activities of a collection agency 
described in section 1(b)(i) unless the person holds a collection 
agency licence.
(3)  No person may carry on the activities of a debt repayment 
agency described in section 1(b)(ii) unless the person holds a debt 
repayment agency licence.
(4)  No individual may carry on the activities of a collector 
described in section 1(c) unless the individual holds a collector's 
licence.
(5)  No individual may carry on the activities of a debt repayment 
agent described in section 1(h) unless the individual holds a debt 
repayment agent's licence.
(6)  Notwithstanding subsection (4), a collector who proposes to 
carry on the activities of a debt repayment agent for a debt 
repayment agency is required to hold only a debt repayment 
agent's licence.
(7)  No person may hold at the same time
	(a)	a collection agency licence, and
	(b)	a debt repayment agency licence.
(8)  No individual may hold at the same time
	(a)	a collector's licence, and
	(b)	a debt repayment agent's licence.
Misrepresentation
3.1(1)  No person may represent itself as carrying on the activities
	(a)	of a collection agency unless the person holds a 
collection agency licence, or
	(b)	of a debt repayment agency unless the person holds a 
debt repayment agency licence.
(2)  No individual may represent himself or herself as carrying on 
the activities
	(a)	of a collector unless the individual holds a collector's 
licence, or
	(b)	of a debt repayment agent unless the individual holds a 
debt repayment agent's licence.

5   Section 4 is repealed and the following is substituted:
Registered location
4(1)  All locations at which collection activity or debt repayment 
activity occurs must be registered with the Director.
(2)  A collection agency or debt repayment agency must direct 
debtors
	(a)	to make payments at and otherwise communicate 
through a registered location, or
	(b)	to deal directly with the creditor of the debt.
(3)  All collection agency activity or debt repayment agency 
activity must be conducted at a registered location and entered on 
the systems of the collection agency or debt repayment agency.

6   Sections 5 to 9 are repealed and the following is 
substituted:
Term of licences
5(1)  The term of a licence for a collection agency or debt 
repayment agency expires on the last day of the 12th month after it 
is issued or renewed.
(2)  The term of a licence for a collector or debt repayment agent 
expires when the collection agency or debt repayment agency 
licence of the business for which the collector or debt repayment 
agent acts expires.
Fees
6(1)  The fee to issue or renew a collection agency or debt 
repayment agency licence is $168.
(2)  The fee to issue or renew a collector's or debt repayment 
agent's licence is $72.
(3)  The fee to issue an amended licence for a collection agency, 
debt repayment agency, collector or debt repayment agent, 
including the transfer of a collector's licence or debt repayment 
agent's licence to a different collection agency or debt repayment 
agency, is $40.
General Licensing and Security Regulation
7   The General Licensing and Security Regulation (AR 187/99) 
applies to collection agencies, debt repayment agencies, collectors 
and debt repayment agents.
Security
8(1)  No licence that authorizes a collection agency or debt 
repayment agency to act for creditors or debtors may be issued or 
renewed unless the applicant submits to the Director a security in a 
form and 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.
Cessation of employment
9   When a collection agency ceases to employ a collector, or a 
debt repayment agency ceases to employ a debt repayment agent, 
the agency must send to the Director within 15 days written 
notification of
	(a)	the name of the collector or the debt repayment agent, 
as the case may be, and
	(b)	the date that the collector or the debt repayment agent 
ceased to be employed by or authorized to act on behalf 
of the agency.

7   Section 10 is amended
	(a)	in subsection (1)
	(i)	by adding "or debt repayment agency" after 
"collection agency" wherever it occurs;
	(ii)	by adding "or debt repayment agents" after 
"collectors";
	(b)	in subsection (2)
	(i)	by adding "or debt repayment agency" after 
"collection agency" wherever it occurs;
	(ii)	by adding "or debt repayment agents" after 
"collectors";
	(c)	in subsection (3)
	(i)	by adding "or debt repayment agent" after 
"collector" wherever it occurs;
	(ii)	by adding "or debt repayment agent's" after 
"collector's";
	(d)	in subsection (4) by adding "or debt repayment agent" 
after "collector" wherever it occurs;
	(e)	by adding the following after subsection (4):
(5)  When the name of a collection agency, debt repayment 
agency, collector or debt repayment agent changes, no collection 
activity or debt repayment activity may be undertaken until an 
amended licence has been issued
	(a)	for a collection agency or debt repayment agency under 
subsection (2), or 
	(b)	for a collector or debt repayment agent under subsection 
(4).

8   Section 11 is amended
	(a)	by repealing subsection (1) and substituting the 
following:
Change in business address
11(1)  When the business address of a collection agency or 
debt repayment agency changes, the collection agency or debt 
repayment agency must, within 15 days after the change of 
address, return its licence to the Director and ensure that all of 
the licences of its collectors or debt repayment agents are 
returned to the Director.
	(b)	in subsection (2)
	(i)	by adding "or debt repayment agency" after 
"collection agency" wherever it occurs;
	(ii)	by adding "or debt repayment agents" after 
"collectors".

9   Section 12 is repealed and the following is substituted:
Prohibited practices for collection agencies
12(1)  No collection agency or collector may
	(a)	collect or attempt to collect money for a creditor except 
on the belief in good faith that the money is due and 
owing by the person to the creditor;
	(b)	charge any fee to a person for whom the collection 
agency or collector acts in addition to those fees 
provided for in the agreement with that person;
	(c)	if a collection agency,
	(i)	carry on the activities of a collection agency in a 
name other than the name in which it is licensed 
unless it has received the approval of the Director 
to do so, or
	(ii)	when using an automated call system, fail to 
identify the debtor by name when the call is 
answered by another person or when leaving a 
message for the debtor, or to provide a contact 
number for the debtor to call;
	(d)	if a collector, collect or attempt to collect a debt without 
providing
	(i)	the collector's name as shown on the collector's 
licence in all contacts and correspondence, and
	(ii)	the name of the collection agency as shown on the 
collection agency licence in all contacts and 
correspondence with the debtor;
	(e)	make any arrangement with a debtor to accept a sum of 
money that is less than the amount of the balance due 
and owing to a creditor as final settlement without the 
prior express consent of the creditor;
	(f)	fail to provide any person for whom the collection 
agency or collector acts with a written report on the 
status of that person's account in accordance with this 
Regulation;
	(g)	make any personal call or telephone call for the purpose 
of collecting or attempting to collect a debt on any day 
except between 7 a.m. and 10 p.m. in Alberta;
	(h)	directly or indirectly threaten or state an intention to 
proceed with any action for which the collection agency 
or the collector does not have the prior express consent 
of the creditor or for which there is no lawful authority;
	(i)	contact or attempt to contact the debtor, any member of 
the debtor's household, any relative of the debtor, the 
debtor's employer or any neighbour, friend or 
acquaintance of the debtor by any means in such a 
manner as to constitute harassment, including without 
being limited to
	(i)	the use of threatening, profane, intimidating or 
coercive language,
	(ii)	the use of undue, excessive or unreasonable 
pressure, or
	(iii)	the use of telephone or e-mail to call or send 
messages excessively;
	(j)	give any person, directly or indirectly, by implication or 
otherwise, any false or misleading information, 
including, but not limited to, references to the police, a 
law firm, prison, credit history, court proceedings or a 
lien or garnishment;
	(k)	continue to collect or attempt to collect money from, or 
continue to communicate with,
	(i)	the person, where the person has informed the 
collection agency or the collector that the person is 
not the debtor, unless the collection agency or 
collector first takes all reasonable precautions to 
ensure that the person is in fact the debtor, or
	(ii)	the debtor, where the debtor has informed the 
collection agency or the collector by any verifiable 
means, including, but not limited to, personal 
service, certified mail, courier, facsimile, or 
e-mail, or by any other method, that the debt is in 
dispute and that the debtor wishes the creditor to 
take the matter to court;
	(l)	contact a debtor's spouse or adult interdependent 
partner, relative, neighbour, friend or acquaintance 
unless the contact is limited to the purpose of obtaining 
the debtor's residential address, personal telephone 
number or employment telephone number;
	(m)	contact the debtor's employer for any purpose other 
than to confirm the debtor's employment status, 
business title and the address of the business, in 
preparation for legal proceedings;
	(n)	contact the debtor when the debtor has notified the 
collection agency in writing to communicate only with 
the debtor's representative and has provided a current 
address and telephone number for the representative, 
and the representative
	(i)	makes reasonable arrangements to discuss the debt 
with the collection agency or collector, and
	(ii)	discusses the debt with the collection agency or 
collector in accordance with the arrangements;
	(o)	contact a debtor at the debtor's place of employment if 
the debtor
	(i)	requests the collection agency or collector not to 
contact the debtor there,
	(ii)	makes reasonable arrangements to discuss the debt 
with the collection agency or collector, and
	(iii)	discusses the debt with the collection agency or 
collector in accordance with the arrangements;
	(p)	communicate information about the debt or the 
existence of the debt with any person except the debtor, 
a guarantor of the debt, the debtor's representative or 
the creditor of the debt unless the debtor has expressly 
consented to the communication;
	(q)	indicate to the debtor or any other person contacted for 
the purpose of collecting the debtor's debt that the 
collection agency or the collector is part of a law firm or 
the legal department of a business, including a legal 
department of the collection agency itself or of the 
creditor of the debt;
	(r)	if a collector, indicate to a debtor that the collector is a 
legal collector, litigation specialist or the like;
	(s)	charge any fee to a debtor beyond the debt that is due 
and owing from the debtor to the creditor, excluding a 
reasonable fee for a dishonoured cheque, if the fee was 
disclosed to the debtor in writing prior to the submission 
of the cheque;
	(t)	refuse to provide sufficient information on request to 
the debtor to ensure that the debtor is aware of the 
identity of the original and current creditor of the debt 
and the details of the debt;
	(u)	enter into or arrange wage assignments with a debtor or 
the employer of a debtor;
	(v)	exceed 3 unsolicited contacts on behalf of the same 
creditor with a debtor in any period of 7 consecutive 
days, not including contacts with a third party to locate 
a debtor, mistaken contact with a third party, or contacts 
by traditional mail;
	(w)	cancel or alter a payment agreement with a debtor if the 
debtor has complied with the terms of the agreement 
and the debtor's financial circumstances have not 
changed materially, unless the debtor has 
misrepresented the debtor's financial circumstances;
	(x)	pursue a non-judgment debt where the last payment or 
written acknowledgement by the debtor is more than 6 
years previous;
	(y)	do anything that is prohibited by this Regulation.
(2)  A term of an agreement entered into by a collection agency is 
void if that term
	(a)	misrepresents the rights and powers of a person 
collecting or attempting to collect a debt,
	(b)	misrepresents the obligations or legal liabilities of a 
debtor,
	(c)	is misleading as to its true nature and purpose, or
	(d)	otherwise contravenes the Act or this Regulation.
(3)  Notwithstanding section 110(2) of the Act, a collection agency 
must not enter into an agreement or contract with or make a 
request of a representative or employee of the collection agency 
who is exempt under that section to undertake any action that 
contravenes this section.
(4)  Subsection (1)(m), (v) and (w) come into force on March 1, 
2006.
Prohibited practices for debt repayment agencies
12.1(1)  No debt repayment agency or debt repayment agent may
	(a)	if a debt repayment agent, collect or attempt to collect a 
debt without providing in all contacts and 
correspondence with the debtor and creditors
	(i)	the agent's name as shown on the debt repayment 
agent's licence, and
	(ii)	the name of the debt repayment agency as shown 
on the debt repayment agency licence;
	(b)	collect from a debtor any amount greater than that 
prescribed by this Regulation for acting for the debtor in 
making arrangements or negotiating with the debtor's 
creditors on behalf of the debtor or receiving money 
from the debtor for distribution to the debtor's creditors;
	(c)	make any arrangement with a debtor to accept a sum of 
money that is less than the amount of the balance due 
and owing to a creditor as final settlement without the 
prior express consent of the creditor;
	(d)	fail to provide any person for whom the debt repayment 
agency or debt repayment agent acts with a written 
report on the status of that person's account in 
accordance with this Regulation;
	(e)	give any person, directly or indirectly, by implication or 
otherwise, any false or misleading information, 
including, but not limited to, references to the police, a 
law firm, prison, credit history, court proceedings or a 
lien or garnishment;
	(f)	charge a fee for a dishonoured cheque unless the fee 
was included in the debt repayment agreement with the 
debtor;
	(g)	charge or receive any fee in the form of a promissory 
note or other negotiable instrument other than a cheque 
or draft;
	(h)	lend money or provide credit to a debtor;
	(i)	offer, pay or give any gift, bonus, premium, reward or 
other compensation to a debtor for entering into a debt 
repayment agreement;
	(j)	directly or indirectly collect any fee for referring, 
advising, procuring, arranging for or assisting a debtor 
in obtaining any extension of credit from a lender, 
creditor or service provider;
	(k)	make a claim for breach of contract against a debtor 
who cancels a debt repayment agreement;
	(l)	fail to inform a debtor within 30 days after the creditor 
has notified the debt repayment agency that the creditor 
has decided not to participate in or has withdrawn from 
a debt repayment program;
	(m)	communicate information about the debt or the 
existence of the debt with any person except the debtor, 
a guarantor of the debt, the debtor's representative or 
the creditor of the debt.
(2)  No debt repayment agency may collect or retain from the 
debtor a fee, commission or disbursement for its services unless 
before providing the service it has
	(a)	entered into a written agreement signed by the debt 
repayment agency and the debtor to provide the service, 
or it has obtained written authorization signed by the 
debtor to provide the service, and
	(b)	delivered a copy of the agreement or authorization 
under clause (a) to the debtor.
(3)  A written agreement under subsection (2)(a) must
	(a)	be dated and signed by the debt repayment agency and 
the debtor,
	(b)	include the name, address and telephone number of the 
debtor and the name, address, telephone number and, if 
available, fax number and e-mail address of the debt 
repayment agency,
	(c)	describe all the services that are to be provided under 
the agreement,
	(d)	state all fees, separately itemized, that are to be paid by 
the debtor,
	(e)	list all creditors as disclosed by the debtor to whom 
payments will be made under the agreement, and
	(f)	state the total amount owed, the payment amount, the 
schedule of payments to be made and the total number 
of payments for each listed creditor.
(4)  No debt repayment agency may charge a debtor a fee that 
exceeds,
	(a)	in the case of a debt repayment agreement that includes 
a schedule of payments, the sum of
	(i)	a one-time administration fee that is not higher 
than the average monthly payment as set out in the 
debt repayment agreement, and
	(ii)	15% of the scheduled payment amount received 
from or on behalf of the debtor by the debt 
repayment agency,
			or
	(b)	in the case of a one-time payment to a creditor or 
creditors, or an agreement to negotiate on the debtor's 
behalf with a creditor or creditors identified in the debt 
repayment agreement, 10% of the debt owing.
(5)  A fee under subsection (4)(b) may be charged to the debtor by 
the debt repayment agency only after a settlement acceptable to the 
debtor has been successfully negotiated with the creditor or 
creditors.
(6)  Subsection (1)(l) comes into force on March 1, 2006.

10   Section 13 is amended by adding "or debt repayment 
agency" after "No collection agency".

11   Section 14 is amended by adding "or debt repayment 
agency" after "a collection agency".

12   Section 15 is repealed and the following is substituted:
Trust established
15(1)  A collection agency is the trustee of any money collected on 
behalf of another person.
(2)  A debt repayment agency is the trustee of any money received 
from a debtor for distribution to the debtor's creditors.

13   Section 16 is repealed and the following is substituted:
Trust account
16(1)  Unless subsection (2) applies, a collection agency or debt 
repayment agency must deposit all of the money collected on 
behalf of another person or received from a debtor for distribution 
to the debtor's creditors, without making any deduction, within 3 
days of collecting or receiving the money into a trust account 
maintained in a bank, loan corporation, trust corporation, credit 
union or treasury branch in Alberta.
(2)  The Director may
	(a)	authorize a collection agency or debt repayment agency 
to maintain its trust account in a class of financial 
institution approved by the Director that is located 
outside Alberta, and
	(b)	prescribe the time when the money referred to in 
subsection (1) is to be deposited into the trust account.

14   Section 17 is amended by adding "or debt repayment 
agency" after "No collection agency".

15   Section 18 is amended
	(a)	by adding "or debt repayment agency" after "collection 
agency" wherever it occurs;
	(b)	in subsection (1)
	(i)	by adding the following after clause (b):
	(b.1)	returning money collected from a debtor by a debt 
repayment agency if the debt repayment program 
is rejected by the creditor or cancelled,
	(ii)	by adding "or 19.1" after "under section 19";
	(c)	by adding the following after subsection (2):
(2.1)  A debt repayment agency that pays creditors from money 
withdrawn from its trust account must do so by means of 
consecutively numbered cheques and must provide the creditor 
with a statement containing
	(a)	the name of the debtor, and
	(b)	the amount of the payment.

16   Section 19(1) is amended by adding "within 15 days of the 
end of the 6-month period" after "Minister of Finance in trust".

17   The following is added after section 19:
Unable to locate missing debtors
19.1(1)  If a proposed debt repayment program has been rejected 
and the debt repayment agency is unable to locate the debtor who 
is entitled to money collected or received by the debt repayment 
agency from that debtor within 6 months after the rejection of the 
proposed debt repayment program, the debt repayment agency 
must pay the money that has been collected or received by it, less 
its fees, commissions and disbursements, to the Minister of 
Finance in trust within 15 days of the end of the 6-month period.
(2)  The Minister of Finance may, on receiving an application and 
any information the Minister of Finance requires, pay the money 
received under subsection (1) to the debtor.
(3)  If the Minister of Finance does not receive an application by 
the debtor for money paid under subsection (1) within 5 years from 
the time that the money is paid to the Minister of Finance, the 
money must be paid into the General Revenue Fund and all claims 
to the money by the debtor entitled to it are extinguished.

18   Section 20 is amended
	(a)	by striking out "engage in the business" and 
substituting "carry on the activities";
	(b)	by adding "or debt repayment agency" after "collection 
agency" wherever it occurs;
	(c)	in clause (a) by adding "complete and accurate" before 
"register";
	(d)	by repealing clause (b) and substituting the 
following:
	(b)	make the register available for inspection by an 
inspector at a place in Alberta and at a time specified by 
the inspector, and

19   The heading preceding section 21 and section 21 are 
repealed and the following is substituted:
Requirements for Receipts, Reports 
and Records
Receipts
21(1)  Every collection agency and debt repayment agency must 
acknowledge the receipt of all cash transactions, payments made in 
person, or payments made at the debtor's request that the 
collection agency or debt repayment agency or a collector, debt 
repayment agent or employee collects or receives from a debtor for 
distribution to the debtor's creditors by means of receipts that meet 
the requirements of subsection (2).
(2)  The receipts referred to in subsection (1) must contain
	(a)	the date the amount is collected or received,
	(b)	the name of the debtor,
	(c)	the name of the person for whom the collection agency 
or debt repayment agency acts, and
	(d)	the amount received from the debtor.
Settlement agreements
21.1   If a collection agency or a collector reaches a settlement 
agreement with a debtor, the collection agency or collector must, 
when the amount set out in the settlement agreement has been paid 
in full, provide to the debtor a receipt containing
	(a)	the amount paid,
	(b)	the name of the creditor or creditors, and
	(c)	a statement that the amount received is in final 
settlement of the debt or debts owing.
Audits
21.2(1)  A collection agency or debt repayment agency must,
	(a)	within 120 days after
	(i)	the end of its fiscal year, and
	(ii)	the cessation of operations,
		provide the Director with a report of its financial affairs 
in a form established by the Director and signed by an 
independent auditor acceptable to the Director, and
	(b)	provide the auditor with access to every book and 
record of the collection agency or debt repayment 
agency that, in the opinion of the auditor, is necessary to 
carry out the examination.
(2)  The Director may order a collection agency or debt repayment 
agency to correct, within a specified time, any defect or deficiency 
in the form or maintenance of any book or record.

20   Section 22(1) is amended by striking out "section 
116(1)(g) of the Act" and substituting "section 12(1)(f)".

21   Section 23 is repealed and the following is substituted:
Reports to debtors
23(1)  For the purposes of section 12.1(1)(d), a written report that 
is provided to a debtor by a debt repayment agency must contain 
the following information:
	(a)	the gross amount received by the debt repayment 
agency from or on behalf of the debtor;
	(b)	the amount and date of payments made on behalf of the 
debtor and to whom they were made;
	(c)	any fee, commission or disbursement retained by the 
debt repayment agency.
(2)  A debt repayment agency must provide, without charge, the 
written report referred to in subsection (1) to the debtor for which 
the debt repayment agency acts once every 60 days that the agency 
is acting for the debtor.
Credit reporting
23.1   A collection agency that has reported a debt to a credit 
reporting agency must inform the credit reporting agency of any 
change in the status of the account within 35 days of the change.
Accounting
23.2(1)  A collection agency must provide the debtor on request 
with a complete accounting of all the details of the debt and, if 
such an accounting is not in the possession of the collection 
agency, the agency must request that the creditor provide it.
(2)  If, within 30 days after receiving a request for an accounting 
from a collection agency, the creditor has not provided a complete 
accounting of the debt, the collection agency must 
	(a)	inform the debtor in writing that it cannot provide the 
accounting and the reasons for it, and
	(b)	cease all collection activity for that account and not 
resume collection activity until the accounting is 
provided.
(3)  A debtor may request a complete accounting only once every 6 
months, unless the collection agency fails to provide the complete 
accounting as requested.
(4)  This section comes into force on March 1, 2006.
Records
23.3(1)  Each collection agency and debt repayment agency must 
create and maintain the following records of its activities:
	(a)	in the case of a collection agency, contracts with 
creditors;
	(b)	in the case of a debt repayment agency, contracts with 
debtors;
	(c)	trust account records;
	(d)	records relating to receipts issued and disbursements 
made;
	(e)	a log of telephone calls relating to collection activities;
	(f)	records relating to collection activities, including, but 
not limited to, records of contact such as note lines;
	(g)	settlement or debt repayment agreements with debtors;
	(h)	authorization to sue on behalf of a creditor;
	(i)	authorization from a creditor to accept a debt repayment 
program;
	(j)	records relating to missing creditors and debtors and the 
paying of funds to the Minister of Finance;
	(k)	records relating to debtors;
	(l)	reports and corrections sent to reporting agencies;
	(m)	copies of all correspondence related to collection 
activities or debt repayment activities, including, but not 
limited to, letters, e-mails and faxes to a debtor, a 
debtor's representative, a debtor's employer or a bank 
with respect to the finances of a debtor;
	(n)	records of instructions to a lawyer, law firm or legal 
representative to commence or continue proceedings in 
a court of law to obtain or enforce a judgment against a 
debtor;
	(o)	in the case of a collection agency, records relating to the 
history of a debt at the time of assignment by the 
creditor or purchase by the collection agency;
	(p)	in the case of a debt repayment agency, records relating 
to debt repayment programs, including, but not limited 
to, the negotiation of a debt repayment program with 
creditors;
	(q)	a record or log of any debt repayment agreement 
negotiated with a debtor, including details of the amount 
of the payments, the schedule of payments and the total 
number of payments;
	(r)	any other record considered necessary by the Director.
(2)  A record referred to in subsection (1) must be retained by the 
collection agency or debt repayment agency that created it for a 
minimum of 3 years after the record is made.
Exemption
23.4   Sections 12, 19 and 23.2 do not apply to debt repayment 
agencies or to debt repayment agents.

22   Section 24 is amended
	(a)	by striking out "4," and substituting "3.1(1) or (2), 4,";
	(b)	by striking out "12," and substituting "12(1) or (3), 
12.1(1), (3) or (4),";
	(c)	by striking out "20, 22(2) or 23(2)" and substituting 
"20, 21(1), 21.1, 21.2(1), 22, 23(1) or (2), 23.1 or 
23.2(2)(b)".

23   This Regulation comes into force on the coming into 
force of the Fair Trading Amendment Act, 2005.


Alberta Regulation 4/2006
Fair Trading Act
ENERGY MARKETING AMENDMENT REGULATION
Filed: January 13, 2006
For information only:   Made by the Minister of Government Services 
(M.O. C:004/2006) on January 12, 2006 pursuant to sections 4.1, 105(1), 139 and 
162(2) of the Fair Trading Act. 
1   The Energy Marketing Regulation (AR 246/2005) is 
amended by this Regulation.

2   Section 2(2) is amended by adding the following after 
"section 14":
section 16; 
section 17.

3   Section 9 is amended by adding "or a Telephone marketing 
contract" after "Internet marketing contract".

4   Section 10(1)(a)(xi) is amended by striking out "cost or".

5   The following is added after section 11:
Part 2.1 
Telephone Marketing Contract
Digital format
11.1   If a marketing contract is entered into by telephone, the 
entire telephone call must be recorded in a digital format and 
maintained by the marketer for the duration of the marketing 
contract.
Copy of recording
11.2   A copy of the digital telephone recording must be provided 
to the consumer or an inspector on request.
Initial contact
11.3   A Telephone marketing contract may be entered into when
	(a)	the marketer initiates the telephone call to the consumer, 
or
	(b)	the consumer initiates the telephone call to the marketer.
Duties relating to documentation
11.4(1)  A marketer
	(a)	must ensure that for each Telephone marketing contract 
the marketer enters into with a consumer the marketer
	(i)	identifies himself or herself,
	(ii)	states that the telephone call is being recorded and 
the consumer must consent to the telephone call 
being recorded,
	(iii)	verifies the consumer's name, address and 
telephone number,
	(iv)	for telephone marketing contract renewals, verifies 
the person on the telephone the marketer is 
speaking to is the account holder and is authorized 
to renew the marketing contract,
	(v)	states that the Telephone marketing contract is not 
an electricity or a gas utility government rebate 
program,
	(vi)	states that the marketer may not be able to supply 
energy cheaper than the consumer's current utility 
company,
	(vii)	states whether or not the consumer will be 
responsible to buy energy under the Telephone 
marketing contract if the consumer moves to 
another location in Alberta,
	(viii)	states a specified or ascertainable expiry date of 
the Telephone marketing contract,
	(ix)	states a specified or ascertainable date on which 
the supply of energy is to begin,
	(x)	specifies any charges for the supply of energy 
provided for under the Telephone marketing 
contract, including any exit fees that may be 
directly or indirectly charged by an owner of an 
electric distribution system,
	(xi)	states that the consumer may cancel the Telephone 
marketing contract without cost or penalty within 
10 days after a copy of the Telephone marketing 
contract is received by the consumer,
	(xii)	states that the consumer may cancel the Telephone 
marketing contract without cost or penalty if a 
marketing contract, including another Telephone 
marketing contract, presently exists for the same 
property, except where the existing marketing 
contract is to expire on or before the 
commencement of the new marketing contract,
	(xiii)	states that the consumer may cancel the Telephone 
marketing contract without penalty within 60 days 
after receiving the first billing statement,
	(xiv)	states the consumer may cancel the Telephone 
marketing contract without penalty within one year 
from the date the Telephone marketing contract is 
entered into if the marketer
	(A)	does not set out in the Telephone marketing 
contract a specified or ascertainable date on 
which the supply of energy is to begin,
	(B)	does not begin the supply of energy within 30 
days of the date referred to in subclause (viii) 
or an amended date agreed on in writing or 
electronic form by the consumer and the 
marketer, or
	(C)	was not licensed under Part 1 at the time the 
Telephone marketing contract was entered 
into,
				and
	(xv)	confirms the consumer understands the terms and 
conditions and price of energy in the Telephone 
marketing contract and obtains the consumer's 
consent for the Telephone marketing contract,
			and
	(b)	must state that a written copy of the Telephone 
marketing contract will be mailed to the consumer and 
will include details the consumer has consented to under 
clause (a) including the marketer's name, address, 
telephone number, e-mail address and, if available, fax 
number.
(2)  If, after the 30-day period referred to in subsection 
(1)(a)(xiv)(B) has expired, the consumer expressly authorizes the 
supply of energy to begin, the consumer may not cancel the 
Telephone marketing contract pursuant to subsection 
(1)(a)(xiv)(B).
Marketer bound by Telephone marketing contract
11.5   A marketer is bound by the terms of a Telephone marketing 
contract when the consumer acknowledges the Telephone 
marketing contract.

6   Section 12(1) is amended
	(a)	in clause (b)(x) by striking out "cost or";
	(b)	in clause (c) by striking out "in writing or electronic 
form" and substituting "in writing or by fax or e-mail".

7   The following is added after section 13:
Part 3.1 
Rural Electrification Associations
Definition
13.1   For the purposes of this Part,
	(a)	"owner" does not include a Rural Electrification 
Association.
	(b)	"Rural Electrification Association Marketing Contract" 
means a marketing contract entered into between a 
Rural Electrification Association and a member of a 
Rural Electrification Association;
Application
13.2(1)  Subject to subsection (2), this Regulation applies to Rural 
Electrification Associations in relation to their activities as 
providers of energy services to a member of a Rural Electrification 
Association.
(2)  The following provisions do not apply to a Rural 
Electrification Association Marketing Contract:
Part 1; 
section 10(1)(a)(xi)(C); 
section 12(1)(b)(x)(C); 
section 23.
Non-application
13.3   This Regulation does not apply to Rural Electrification 
Associations in relation to their activities as
	(a)	providers of electricity services under a regulated rate 
tariff, or
	(b)	providers of distribution access services.

8   Section 15 is amended
	(a)	in subsection (1)(a) by striking out "all";
	(b)	in subsection (5) by striking out "cost or".

9   Section 16 is amended
	(a)	by adding the following after subsection (3):
(3.1)  If consent under subsection (1) is provided by telephone, 
the entire telephone call must be recorded in a digital format 
and maintained by the marketer for the duration of the renewed 
marketing contract.
(3.2)  A copy of the digital telephone recording must be 
provided to the consumer or an inspector on request.
(3.3)  If the marketing contract is renewed by telephone,
	(a)	the marketer must identify himself or herself,
	(b)	the consumer must identify himself or herself and the 
consumer must confirm he or she is the account holder 
and is authorized to renew the marketing contract,
	(c)	the consumer must acknowledge acceptance of the 
renewed marketing contract,
	(d)	the consumer must confirm that the consumer has 
received a copy of the renewal notice,
	(e)	the consumer must confirm he or she understands the 
terms and conditions and price of energy in the renewed 
marketing contract,
	(f)	the consumer must confirm he or she understands the 
renewed marketing contract may be cancelled without 
penalty in accordance with subsection (2), and
	(g)	the marketer must state that the telephone call is being 
recorded.
	(b)	in subsection (4) by striking out "in writing or 
electronic form" and substituting "in writing or by fax or 
e-mail".

10   Section 17 is amended
	(a)	in subsection (4) by adding "in writing or by fax or 
e-mail" after "subsection (2)";
	(b)	by adding the following after subsection (4):
(4.1)  If a consumer expressly accepts the notice of renewal by 
telephone, the entire telephone call must be recorded in a 
digital format and maintained by the marketer for the duration 
of the renewed marketing contract.
(4.2)  A copy of the digital telephone recording must be 
provided to the consumer or an inspector on request.

11   Schedule 1 is amended by adding "or Telephone marketing 
contracts" after "For marketing contracts other than Internet 
marketing contracts".

12   This Regulation comes into force on the proclamation 
of the Fair Trading Amendment Act, 2005.



THE ALBERTA GAZETTE, PART II, JANUARY 31, 2006