CONP12263 – Application for a Time Share and Points-Based Contracts Business Licence

Jurisdiction: Country: Canada | Province or State: Alberta

What is a CONP12263 – Application for a Time Share and Points-Based Contracts Business Licence?

This form is the official application to obtain a business licence to market, sell, broker, or arrange time share and points-based contracts to Alberta consumers. It tells the provincial regulator who you are, how you sell, what you sell, and how you handle consumer funds and disclosures. You submit it before you advertise, collect payments, or sign contracts with Alberta residents.

Time share and points-based contracts include traditional resort intervals and vacation club memberships that allocate points redeemable for accommodations. If you solicit, offer, or complete these consumer contracts in Alberta, you need this licence. The form captures your business structure, sales channels, compliance controls, and the exact contract and disclosure package you will use.

Who typically uses this form?

Developers, marketers, brokers, and travel or vacation clubs. Many applicants are property developers, resort operators, or management companies that run the sales program. Some are independent marketing agencies that promote and refer prospects. Others run call centres or online platforms that sell memberships. The form also applies if your business is outside Alberta but targets Alberta residents.

You need this form to operate legally and to prove you meet consumer protection standards. Without the licence, you cannot solicit or sell time share or points-based contracts in Alberta. Payment processors, event organizers, and landlords often ask for proof of licence before they work with you. Insurers and banks may also request it when they underwrite your operations or open trust accounts.

Typical usage scenarios

• You are launching a new resort or a vacation club and plan to sell memberships to Alberta consumers. You need this licence before you advertise or accept deposits.
• You are expanding into Alberta from another province or country. Even if you sell online or by phone, you need the Alberta licence to serve Alberta residents.
• You acquired an existing portfolio and will continue marketing or servicing points-based contracts. You need to licence the new entity if the corporate structure changed.
• You plan to run promotional events, kiosks, or sales presentations and will sign contracts or take fees. You must be licensed before the first event.
• You are a broker or marketing firm that refers leads, runs contests, or collects payments related to time share or points-based products. You need the licence if your activities involve Alberta consumers.

The form is more than a basic business registration. It asks for your contract templates, disclosure statements, cancellation and refund procedures, and details on how you will protect consumers’ prepaid funds. It also requires you to disclose ownership, control, and background information about directors and officers so the regulator can assess fitness to be licensed.

When Would You Use a CONP12263 – Application for a Time Share and Points-Based Contracts Business Licence?

Use this form before you start any marketing or sales activity directed at Alberta consumers. This includes online campaigns, social media advertising, telemarketing, email marketing, and in-person promotions in Alberta. If a consumer in Alberta can see your offer, enter a contract, or pay you, you should hold the licence first.

You would use it as a business owner, developer, resort operator, or vacation club. You would also use it as a marketing agency, broker, or call centre if you solicit or arrange sales on behalf of a licensed seller. Franchisors and master licensees that set up Alberta sales locations should complete the application for the entity that controls sales and contracts. If you run a branch office or sales site in Alberta, you list each location in the application as a business location.

You would file the form when you

• Start up operations. You have formed your entity and registered your trade name, and you are ready to begin marketing.
• Expand channels. You add telemarketing, online contracting, or out-of-province sales directed at Alberta consumers.
• Change control. Your ownership, directors, or officers change, or you restructure the entity that holds the licence. You submit a new application if required and disclose changes promptly.
• Add products. You move from fixed-week time shares into a points-based club, or you add new exchange features or fee structures that affect disclosures.
• Open new sites. You open a new Alberta storefront, sales gallery, or temporary presentation venue where you will sign contracts or accept deposits.

If you paused operations or let a licence lapse, you would use the form to re-apply before resuming sales. If you previously operated without a licence, you would complete the form and bring your contracts and disclosures into compliance before any further marketing.

Legal Characteristics of the CONP12263 – Application for a Time Share and Points-Based Contracts Business Licence

The application is a statutory requirement for businesses that sell or arrange time share and points-based contracts in Alberta. It is not a commercial contract between you and a consumer. It is a regulatory filing that triggers the issuance of a business licence. The licence authorizes your activities and binds you to consumer protection standards set by law.

It is legally binding because you certify the completeness and truth of the information you provide. You sign a declaration that carries legal consequences. False or misleading statements can result in refusal, suspension, or cancellation of the licence. They can also lead to administrative penalties or prosecution. The regulator may verify your information, review your materials, and audit your records.

What ensures enforceability?

Enforceability flows from the statute, the regulations, and the licence terms. The licence may carry conditions, such as using approved contract templates, maintaining specific records, or holding consumer funds in a trust account until a cooling-off period ends. If you do not comply, the regulator can impose conditions, impose penalties, or revoke the licence. Courts can enforce penalties and orders tied to contraventions and unfair practices.

Your consumer contracts remain subject to statutory rights, including mandatory disclosure and cooling-off periods. Time share and points-based contracts must include clear cancellation notices and full fee disclosures. If you omit required disclosures, consumers may have extended cancellation rights. Your licence does not limit those rights. Instead, it requires you to build those rights into your documents and sales processes.

The licence also carries ongoing duties

• Keep your business information current. Report changes in ownership, officers, business locations, trade names, and trust arrangements within the required timelines.
• Maintain records. Keep sales records, contracts, receipts, trust account statements, and complaint files for the statutory retention period. You must produce records on request.
• Control your sales channels. Ensure your employees and third-party marketers follow your approved scripts, disclosures, and refund processes. You are responsible for their conduct.
• Renew on time. Licences expire and must be renewed. Operating on an expired licence is an offence, even if you submitted a late renewal.
• Use compliant advertising. Do not make misleading prize offers, scarcity claims, or income promises. All promotional materials should match your disclosures and contract terms.

If you sell at a consumer’s home or at temporary venues, or you solicit by phone, you may need additional licences for those selling methods. Holding this licence does not replace other licensing requirements that apply to direct selling or telemarketing. Plan your compliance stack so every sales method is covered.

How to Fill Out a CONP12263 – Application for a Time Share and Points-Based Contracts Business Licence

Approach the form in two phases: prepare your documents, then complete each section carefully. Do not start marketing until you receive the licence.

Step 1: Confirm your legal entity and registrations

• Decide who will hold the licence. Use the entity that will sign consumer contracts and receive funds.
• Register the entity to carry on business in Alberta. If you are incorporated elsewhere, complete extra‑provincial registration.
• Register any trade names you will display in advertising or on contracts. The licence will list your trade names.

Step 2: Gather core documents and attachments

• Corporate records: formation documents and proof of Alberta registration.
• Ownership and management list: full legal names, home addresses, dates of birth, positions, and percentages.
• Identification: government‑issued ID for each director, officer, and owner named.
• Background disclosures: details of any convictions, charges, bankruptcies, receiverships, or prior licence actions involving the entity or its principals.
• Trust account documents: a letter from your financial institution confirming a designated trust account, account numbers, authorized signatories, and any restrictions, if you hold advance payments in trust.
• Security instrument, if required: surety bond or other financial security in the prescribed form and amount, signed and issued to the regulator.
• Insurance certificate, if you maintain commercial general liability coverage for sales locations.
• Contract and disclosure package: your time share or points-based contract template, all schedules, the statutory disclosure statement, and the cancellation/refund notice.
• Marketing materials: samples of ads, web pages, scripts, prize offers, and contest rules.
• Policies: your complaint handling policy, cancellation workflow, refund timelines, and staff training materials.

Step 3: Complete the applicant information section

• Legal name: enter the exact name of the entity. Match your corporate registration.
• Trade names: list every name you will use in Alberta. Include online brand names if you use them on offers.
• Business addresses: list your principal place of business, Alberta mailing address, and each Alberta sales location. Include out‑of‑province sites that sell to Alberta consumers.
• Contacts: appoint an authorized official and a compliance contact. Include phone and email. These people receive regulatory notices.

Step 4: Identify the licence category and activities

• Select “Time Share and Points‑Based Contracts” as your business licence category.
• Describe your role: developer, seller, broker, or marketer. If you do more than one, describe each role.
• Sales methods: indicate whether you sell in‑person at fixed locations, online, by phone, or at temporary venues. State whether you accept deposits or full payments before the cooling‑off period ends.

Step 5: Disclose ownership and control

• List each director and officer with full details. Include home address, date of birth, and position title.
• For corporations or partnerships that own your entity, disclose their ownership chain until you identify each individual who controls or benefits.
• State percentages for each owner. Attach a separate schedule if you need more space.

Step 6: Complete background and fitness disclosures

• Criminal history: disclose any convictions or current charges related to fraud, theft, false statements, unfair practices, or similar offences. Provide dates, jurisdictions, and outcomes.
• Civil matters: disclose judgments, injunctions, or settlements related to consumer protection, deceptive practices, or unpaid debts tied to your business.
• Insolvency: disclose bankruptcies, proposals, or receiverships for the entity or any principal. Provide case numbers and dates.
• Regulatory history: disclose prior licence refusals, suspensions, cancellations, or conditions in any jurisdiction. Attach copies of decisions if available.
• Explain each disclosure in plain language. Include mitigation steps, compliance improvements, and current status.

Step 7: Provide trust and funds handling details

• State whether you take advance payments or deposits. If you do, explain when and how you release funds.
• Identify your trust account institution, branch address, and account details. Attach the bank letter confirming the trust designation and signatories.
• Describe internal controls. Name the role that reconciles the trust account and how often you reconcile. Explain how you segregate consumer funds from operating funds.
• If you use a third‑party escrow, provide the service agreement and contact details.

Step 8: File your security instrument, if applicable

• Attach the original bond or security document, signed and sealed by the issuer.
• Match the legal name on the bond to your applicant name and include trade names.
• Ensure the penal sum and conditions meet the prescribed requirements. Confirm the bond remains active while you operate.

Step 9: Attach your contract and disclosure package

• Time share or points‑based contract: include every page of the agreement you will sign with consumers. Number the pages and version them.
• Mandatory disclosures: include a standalone disclosure statement with all required content. Place the cancellation notice prominently at the beginning of the package.
• Fees and charges: list purchase price, maintenance fees, assessments, taxes, exchange fees, reservation fees, and any recurring charges. State the currency and how fees can change.
• Use rights: describe the accommodations, reservation rules, blackout periods, points values, banking and borrowing rules, and expiry conditions.
• Exchange programs: disclose any third‑party exchange affiliations and limits on availability.
• Refund and cancellation: explain the cooling‑off period, how to cancel, where to send notices, and how you process refunds. Provide your standard cancellation form.
• Receipts and delivery: include a sample receipt that confirms delivery of the full contract and disclosure on the date of signing.

Step 10: Describe your marketing and sales practices

• Sales channels: explain in plain terms how you market and sell (events, kiosks, online, call centre, referrals).
• Promotions: attach prize notices, contest rules, and any “free stay” offers. Show how you disclose conditions and odds.
• Scripts and training: provide sales scripts and training outlines. Describe how you train staff to explain fees, cancellation rights, and refund processes.
• Third‑party marketers: identify vendors you use. Attach copies of agreements that require compliance with your standards.
• Quality control: explain how you review advertising and approve changes. Describe call monitoring or shadowing practices, if used.

Step 11: Outline your complaints and refunds process

• Intake: provide a dedicated email and phone number for consumer complaints. Name the responsible role.
• Response times: commit to acknowledge complaints within a set number of days and to resolve them within a defined timeframe when possible.
• Refund workflow: describe who approves refunds, how you calculate them, and how you document them. State the method and timeline for payment.
• Recordkeeping: explain how you log complaints, cancellations, and refunds. Describe how you audit patterns and fix root causes.

Step 12: Sign the declaration and consent

• The authorized official signs and dates the declaration. If the form requires a witness or commissioner of oaths, complete that section.
• By signing, you affirm the information is true and complete, and you consent to background checks. You also acknowledge your obligations under the licence and applicable law.
• If you submit electronically, follow the digital signature instructions. Use the same legal name as the applicant.

Step 13: Pay the fee

• Include the prescribed fee with your application. Payment methods typically include card, cheque, or electronic transfer. Fees are usually non‑refundable once processing begins.
• If you submit multiple licence categories, pay each fee separately if required.

Step 14: Submit and track

• Submit the complete application with all attachments. Keep a full copy for your records.
• Processing times vary based on completeness and background checks. The regulator may request clarification or additional documents.
• Do not market, solicit, or sell until your licence is issued. Wait for the licence certificate and number.

Step 15: After approval—what to do next

• Display the licence at each Alberta business location. Keep a copy at your head office.
• Include your licence name and number in contracts and, where required, in advertising.
• Train staff on the approved contract, disclosure, and cancellation process. Use the approved scripts and materials.
• Maintain your trust account and security. Reconcile monthly and renew security before it expires.
• Keep records for the required period. Secure them and make them available on request.
• Report changes in owners, officers, locations, trade names, contracts, trust arrangements, or marketing vendors within the reporting timelines.
• Calendar your renewal date and prepare early. Update your materials if laws or rules change.

Practical tips to avoid delays

• Submit readable, current documents. If you attach scans, ensure they are clear and complete.
• Use consistent names across all documents. Your legal name should match on the form, bond, trust letter, and contracts.
• Version‑control your contract and disclosure package. If you revise them during review, submit a marked‑up comparison.
• Be candid on background disclosures. Provide context and remediation steps. Incomplete disclosures cause longer reviews.
• Centralize your compliance contact. Pick someone who can respond quickly to questions and collect documents from your team.

If you also sell in consumers’ homes or at temporary venues, confirm whether you need a separate licence for that selling method. Plan for both licences so you do not pause sales later. If you engage telemarketing, align your scripts and do‑not‑call processes with applicable rules and privacy obligations. Keep your email marketing compliant with consent and unsubscribe requirements.

You can complete this application confidently if you treat it as a compliance blueprint. Build your contract, disclosures, trust handling, and training first. Then reflect those controls in the application. That approach speeds approval and reduces post‑licence issues.

Legal Terms You Might Encounter

• Time share means you sell a right to use a unit for set periods. The form asks if you offer fixed weeks, floating weeks, or similar arrangements. Describe how your customers book time and what they receive.
• Points-based contract means customers buy points, then redeem them for stays or services. The form asks if you operate this model. Explain how you allocate, renew, or expire points, and what inventory supports them.
• Developer means the person or business that creates or controls the project. If you are the developer, you disclose ownership, officers, and control. If you sell on behalf of a developer, you identify that relationship.
• Marketing representative means anyone you use to promote or sell. This includes employees, contractors, and third-party agencies. The form asks you to list them and where they sell. Include all trade names they use.
• Disclosure document means the package you give consumers before they sign. It describes fees, booking rules, and rights. The form may ask for copies. Attach the latest version you actually use in sales.
• Cooling-off period means the time a buyer has to cancel after signing. Your consumer contracts must state this right. The form asks you to confirm your contracts include the required cancellation notice.
• Trust account means a separate bank account that holds consumer money until conditions are met. The form asks if you maintain one and where it is. Provide the institution, account type, and signatories.
• Security means the bond or other financial guarantee you post for consumer protection. The form asks for the amount, provider, and type. Attach the security certificate or proof, signed and current.
• Beneficial owner means the person who ultimately owns or controls the business. The form asks for these details, not just nominal owners. List all individuals who hold or control significant interests.
• Deceptive practice means making claims that could mislead consumers. This includes omitting key facts. The form requires you to certify truthful marketing. Review your scripts and materials before you certify.

FAQs

Do you need a licence if you only market, not sell?

Yes. If you promote, solicit, or arrange time share or points-based contracts, you generally need a licence. The form covers both marketing and selling roles. Indicate your role clearly.

Do you need separate licences for time share and points-based programs?

No, the form covers both categories. You declare which models you offer. If you add a new model later, file an update and confirm security and disclosures.

Do you need a bond or other security?

Yes, most applicants must post security. The form asks for type and amount. Obtain the security before you apply. Attach proof with signatures and effective dates.

Can you sell before your licence is issued?

No. Do not market or sell until you hold an active licence. The regulator can refuse, suspend, or fine for early activity. Wait for your licence number and effective date.

How long does approval take?

Processing times vary. Complete, accurate applications move faster. Missing documents cause delays. Build in extra time for background checks and security verification.

Do you need a trust account?

Often yes, especially if you take deposits or prepayments. The form asks if you hold client funds in trust. Open an account and attach a letter from your bank if requested.

What if your business structure or owners change?

File an amendment promptly. Changes in legal name, trade names, directors, officers, or beneficial owners require notice. Update your security and trust account details if needed.

Can you operate from outside the province or online?

Yes, but you must be licensed if you market or sell to residents. List your out-of-province addresses and sales channels. Ensure your disclosures and contracts meet local rules.

How do you renew the licence?

You renew before expiry. Keep your security, trust account, and disclosures current. Review your ownership details and trade names. Submit the renewal form and fee on time.

What happens if your security expires mid-term?

Your licence can be suspended. Track expiry dates and renew early. Send updated proof of security to the regulator before lapse.

Checklist: Before, During, and After the CONP12263 – Application for a Time Share and Points-Based Contracts Business Licence

Before you sign and submit

• Legal name exactly as registered.
• Trade names used in advertising or contracts.
• Business structure details and proof of registration.
• Head office, sales locations, and call center addresses.
• Contact for compliance and licensing questions.
• List of directors, officers, and beneficial owners.
• Government-issued ID for the signing officer.
• Résumé or background details for key individuals.
• Completed consent forms for background checks.
• Description of your time share or points-based model.
• Policies on booking, cancellations, and transfers.
• Full fee schedule, including maintenance or program fees.
• Standard consumer contracts and addenda.
• Disclosure documents and promotional materials.
• Sample invoices, receipts, and cancellation notices.
• Proof of trust account (institution letter and account type).
• Security (bond or other) with amount and provider details.
• Insurance certificate if your policy is required.
• Complaint handling policy and contact details.
• Payment method for the application fee.
• Internal checklist confirming all attachments are current.

During signing and final review

• Confirm the correct form version and business category.
• Verify the legal name matches all attachments.
• Check trade names align with marketing materials.
• Select time share, points-based, or both as applicable.
• Confirm sales locations and remote sales channels.
• Review owner and officer details for completeness.
• Ensure beneficial owners and percentages are correct.
• Confirm background consent sections are signed.
• Verify trust account details and attach the bank letter.
• Review the security section and attach proof of security.
• Ensure contract templates include cancellation rights.
• Confirm disclosures match actual practices and fees.
• Cross-check fees listed in the form and documents.
• Read the declarations and certifications carefully.
• Sign and date in the correct capacity and location.
• Add a second signature if required for corporations.
• Add your contact email and phone for status updates.
• Make a complete copy for your records.

After submission

• Pay the fee and capture the payment receipt.
• Note the submission date and assigned file number.
• Calendar expected processing time and follow-up dates.
• Respond quickly to any request for more information.
• Keep your owners and security providers on standby.
• Do not market or sell until you receive the licence.
• Once issued, record the licence number and expiry date.
• Post the licence at each sales location as required.
• Train sales teams on disclosure and cancellation rights.
• Update your contracts to display the licence number.
• Add the licence number to your website and marketing.
• Store a complete copy of the filing and licence.
• Set reminders for security, insurance, and renewal dates.
• Create a change log for amendments and updates.
• File amendments promptly after any business change.

Common Mistakes to Avoid in CONP12263 – Application for a Time Share and Points-Based Contracts Business Licence

• Don’t forget to classify your program correctly. Mislabeling a points program as time share leads to rework. The regulator may refuse or delay approval until you fix it.
• Don’t submit without valid security. Missing or expired security triggers an automatic refusal. You will lose time and may have to reapply.
• Don’t omit trade names or sales partners. Unlisted names cause compliance issues. You may face fines if unlicensed names appear in ads or contracts.
• Don’t use outdated contracts or disclosures. Missing cancellation language is a red flag. You risk complaints, restitution orders, and licence action.
• Don’t sell before you are licensed. Early activity is a serious breach. You can face penalties, suspension, or a permanent mark on your record.
• Don’t ignore ownership changes. Unreported changes can void your licence. Update the regulator quickly to avoid suspension.

What to Do After Filling Out CONP12263 – Application for a Time Share and Points-Based Contracts Business Licence

1. Submit the application and pay the fee. Keep proof of both. Confirm the regulator received your package and attachments.
2. Monitor your inbox for requests. The regulator may ask for clarifications, clearer disclosures, or updated security. Reply within the stated timelines.
3. Track your security and trust account. Ensure both remain active during review. If details change, send updates immediately.
4. Prepare for a site or process review. You may be asked for sales scripts or training materials. Keep them ready and aligned with your disclosures.
5. Wait for the licence before selling. Once issued, record the number and effective date. Add it to contracts, invoices, and marketing.
6. Distribute the licence internally. Send it to sales, marketing, finance, and compliance. Update your onboarding and training materials.
7. Post and display the licence. Place it at each sales location. Confirm your website and call scripts include the number if required.
8. Register your renewal dates. Set calendar reminders for licence, security, and insurance expiries. Assign a person to manage renewals.
9. Create a compliance binder. Include the application, licence, contracts, disclosures, security, trust account letter, and policies. Store a digital copy in a secure drive.
10. Implement a change protocol. When owners, officers, trade names, locations, or programs change, file an amendment. Update your materials the same day.
11. Document your complaint process. Designate a contact. Log complaints, responses, and resolutions. Keep records organized for inspection.
12. Conduct a launch review. Verify all sales teams use approved contracts and disclosures. Run a test booking to confirm steps match your policies.
13. Maintain accurate advertising. Review all ads for clear pricing and cancellation rights. Remove any claims that could mislead consumers.
14. Plan your first internal audit. Check three to five sales files monthly. Confirm disclosures, signatures, and cancellation notices are correct.
15. If you need to amend the filing later, prepare a simple package. Include a cover note, the changed pages, and updated attachments. Submit promptly and keep a copy with your original filing.