(1) is registered under Division I of Chapter VIII and is reasonably expected to be, throughout the fiscal year,(a) engaged exclusively in commercial activities, and
(b) a qualifying network seller; and
(2) files the application in the manner prescribed by the Minister before,(a) in the case of a person that has never made a supply of a select product of the person, the day in the fiscal year on which the person first makes a supply of a select product of the person, and
(b) in any other case, the first day of the fiscal year.