Time Share Business means the activity of offering, soliciting, negotiating or concluding time share contracts or points based contracts. These contracts will provide consumers with rights or options to use, occupy or possess a time share property or a right or option to exchange points for the right to use, occupy or possess a time share property, whether located in Alberta or not.
The offering, soliciting, negotiating or concluding of time share contracts or points based contracts by an industry member as defined in the Real Estate Act who is acting in the course of a profession or calling to which that Act applies.
There is a one-year licensing fee of $200, payable to the Government of Alberta.
How to apply
You will need to complete an application form, provide a security, provide trust account information, provide a copy of the business’ standard time share and/or points-based contract(s), provide additional documents and pay a licensing fee. To get started, follow these instructions to save and open the application and other applicable forms.
Failure to provide complete information will delay processing of your application and may result in a refund of your fees and closure of your file.
Step 1. Fill out the application form
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Application for a Business Licence (PDF, 83 KB)
Question #9 on the application needs to indicate the classes of licence being applied for. You will only be licensed for the classes applied for and appearing on your licence. These classes are:
- Right to Use Licence
- Personal Property Ownership Licence
- Real Property Ownership Licence
Step 2. Obtain and provide security
Obtain and provide an original, signed security in the required amount*.
The amount of security depends on type of goods or services provided. Please contact the licensing office to find out how much security you need to provide.
You may get this security in one of 4 ways:
- General Surety Bond
- Cash Security Agreement accompanied by one of the following:
- Irrevocable Letter of Credit
- Cash (bank draft, money order or certified cheque payable to the Government of Alberta)
- Term deposit or similar instrument in the name of the Government of Alberta, c/o Service Alberta, 3rd Floor, 10155 102 Street NW, Edmonton, Alberta, T5J 4L4, in trust for (name of licensee)
Depending upon the option selected please do the following:
- General Surety Bond (PDF, 121 KB)
- The surety company will complete and provide you with a signed and sealed original of the form. You will need to review, sign, affix your company seal or have your signature witnessed, and provide the original to the address on the form.
- The form may be found at https://cfr.forms.gov.ab.ca/Form/CONP0045.pdf (PDF, 121 KB). Please provide this address to your Surety Company.
- Cash Security Agreement (PDF, 120 KB)
- Complete, print, sign, affix your business seal or have your signature witnessed, and provide the original to the address on the form.
- The form may be found at https://cfr.forms.gov.ab.ca/Form/CONP0057.pdf (PDF, 120 KB).
- Irrevocable Letter of Credit (PDF, 119 KB)
- The financial institution will complete and provide you with a signed original of the form letter. You will need to review and provide the original to the address on the form.
- The form may be found at https://cfr.forms.gov.ab.ca/Form/CONP0123.pdf (PDF, 119 KB). Please provide this address to your financial institution.
* In accordance with the Security agreement, the security provided will be held for 2 years after the agreement expires or 2 years and 3 months (27 months) from the date the business licence expires, or the business closes or longer in the event of a claim being received. The amount of security given is a minimum security requirement. The amount could increase at the discretion of the Director of Fair Trading. When setting the security amount, the Director can consider the department’s previous history with the business and its partners or directors, the business’ financial history, and criminal convictions.
Step 3. Obtain and provide trust account information
Trust Account Information form (PDF, 1 MB)
- The financial institution will complete and provide you with a signed original of the form. You will need to review and provide the form to the address on the form.
- The form may be found at https://cfr.forms.gov.ab.ca/Form/CONP0053.pdf (PDF, 1 MB). Please provide this address to your financial institution.
Trust money must be deposited in a financial institution that is registered in and is actively operating in Alberta. The account must be located in Alberta.
Step 4. Provide copy of the business’ standard time share and/or points-based contract(s)
Written contracts will be required. The contracts must include the following information:
- The consumer’s name and address
- The supplier’s name, business address, telephone number and where applicable, fax number and email address
- The name and position of any agent or employee representing the supplier
- The date and place where the contract is concluded
- In the case of a time share contract:
- a description of the property, including its legal description and precise location
- a full description of the interest being purchased
- In the case of a points-based contract:
- an explanation of the options to exchange points
- a full description of the interest being purchased
- Where financial conditions must be met before the consumer may exercise a right under the contract, a description of those conditions
- An itemized statement of:
- the total cost of the interest being purchased
- the number of points purchased, where applicable **
- any closing costs payable by the consumer
- any expense, fee, levy, assessment or cost to which the consumer is or may become subject, where applicable ***
- A statement as to whether the number of points purchased (**) or any expense, fee, levy, assessment or cost (***) is subject to change in the future and an explanation of how and when it may change, where applicable
- Where credit is extended, a statement of any security taken for payment, and the disclosure statement required under the Consumer Protection Act
- The terms of payment
- Unless the third party’s interest and any financial encumbrance associated with it are the subjects of a non disturbance clause, provisions warranting:
- that the time share property and any other property or facility is not subject to any financial encumbrances of a third party
- that the supplier will not mortgage the property or facility, pledge it as security or lease or otherwise grant any interest in it to a third party, other than a time share interest
- that the supplier will discharge any financial encumbrance or lease registered by a third party as soon as reasonably possible
- Full particulars of the time share plan under which the contract is made, or in which the consumer is to be a participant
- A statement of cancellation rights that conforms with the requirements set out in the regulations and must:
- contain the words set out in the Schedule
- show the statement of 10-day cancellation rights in not less than 12 point bold type
Note: Where this notice is not printed directly on the face of the contract there is to be a notice printed directly on the face of the contract in not less than 12 point bold type, indicating where in the contract the statement is printed.
The following must appear in each statement of cancellation rights, worded exactly as follows and following the font requirements as noted above:
Statutory Right to Cancel
A consumer (buyer) may cancel a time share contract or a points-based contract at any time from the day it is entered into until 10 days after the consumer receives a copy of the contract.
In addition, a consumer may cancel the contract at any time within one year after the day on which the contract is entered into if section 37(2) of the Fair Trading Act or section 5 of the Time Share and Points based Contracts and Business Regulation applies.
To cancel the contract, the consumer must give a written notice of cancellation to the supplier at the most recent business address, e mail address or facsimile number provided by the supplier. If the contract is being cancelled more than 10 days after it was made, the notice must state the reason for the cancellation.
After the consumer cancels the contract, the supplier has 15 days to refund the consumer’s money.
The Fair Trading Act provides other remedies that may apply in addition to cancellation.
The signatures of the consumer and supplier or supplier’s agent with the name of each signatory printed legibly beside or below the signature
Note: Refer to the Time Share and Points-Based Contracts and Business Regulation for a full list of contract requirements
Step 5. Provide additional information
In certain circumstances additional documents are required:
- Statutory Declaration (PDF, 978 KB) where independent contractors are utilized
Step 6. Submit the application form
Email your application form, trust account form, a copy of the business’ standard time share and/or points-based contract(s), and any additional documents to [email protected]. Provide your original security document(s) to the address noted on the form(s). You will be contacted to set-up online payment for the one-time $200 licensing fee.
You may also mail or drop off your application package to the address noted on the application. You may pay by credit card online, by credit card or debit card in person at our office, or you may mail a cheque or money order to our office.
When paying by cheque or money order please make it payable to the Government of Alberta.
Processing of your application will not start until payment is received.
After you apply
Licence takes effect the day the licence is issued.
It is your responsibility to ensure your licence is in force as long as you continue to do business. Once your licence is issued please make note of the expiry date and ensure your licence is renewed prior to this date.
Licence holders must notify Service Alberta in writing within 15 days of a change in:
- business address
- partners of the business if the licence is issued to a partnership
- officers or directors of the corporation if the licence is issued to a corporation
Licence holders must notify Service Alberta in writing within 15 days of ceasing to carry on the activities for which the licence was issued.
- Licensees should pay particular attention to the following sections of the Time Share and Points-Based Contracts and Business Regulation:
- Section 2 regarding contents of contracts
- Section 9 regarding funds to be held in trust
- Section 11 regarding records
- Section 21 regarding unfair practices
- If any of the applicant, partners, directors or officers primary residence is Out-of-Canada, a criminal record check is required from the jurisdiction of the individual’s primary residence which follows the requirements set out by Citizenship and Immigration Canada or a check provided by a local policing organization (i.e., state or municipal police service) provided the results include national records. For US applicants, a criminal history record information check performed by a vendor from this list is also acceptable.
Copies of legislation can be obtained from the Queen’s Printer Bookstore.
Renewing a licence
You may use Service Alberta’s PABLO (Province of Alberta Business Licensing Online) to renew your licence.
This system is used for processing payments, printing issued licenses and renewing licenses.
- Applications submitted by email, fax or without payment will have a user ID created in the name of the applicant and provided to their email address. They will need to submit payment or their application will not be processed.
- Once issued, licenses are made available electronically for printing by the business. If an ID does not already exist one will be created and provided to the applicant’s email address along with notification the licence has been issued. If an ID was created for payment of the fees the applicant will receive an email notification the licence has been issued.
- Within 60 days prior to the expiry of a licence a renewal may be processed using this system. Mark your calendar as a reminder so you stay continuously licensed.