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Canadian laws governing Make Money Fast/Chain Letter Schemes

The following is an excerpt from the Canadian Competition Act taken from a private web site:

55.(1) Definition of "pyramid selling"
For the purposes of this section, "scheme of pyramid selling" means
(a) a scheme for the sale or lease of a product whereby one person (the 'first' person) pays a fee to participate in the scheme and receives the right to receive a fee, commission or other benefit
(i) in respect of the recruitment into the scheme of other persons either by the first person or any other person, or
(ii) in respect of sales or leases made, other than by the first person, to other persons recruited into the scheme by the first person or any other person; and

 

(b) a scheme for the sale or lease of a product whereby one person sells or leases a product to another person (the 'second' person) who receives the right to receive a rebate, commission or other benefit in respect of sales or leases of the same or another product that are not
(i) sales or leases made to the second person,
(ii) sales or leases made by the second person, or
(iii) sales or leases, made to ultimate consumers or users of the same or other product, to which no right of further participation in the scheme, immediate or contingent, is attached.

 

55.(2) Pyramid selling
No person shall induce or invite another person to participate in a scheme of pyramid selling.

 

55.(3) Offense and punishment
Any person who contravenes subsection (2) is guilty of an offense and liable
(a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding five years or to both: or
(b) on summary conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year or to both.

 

55.(4) Where selling permitted by province
This section does not apply in respect of a scheme of pyramid selling that is licensed or otherwise permitted by or pursuant to an Act of the legislature of a province.

 

 

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