Acts and Regulations

2011, c.165 - Gift Cards Act

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Current to 1 January 2024
2011, c.165
Gift Cards Act
Deposited May 13, 2011
Definitions
2013, c.31, s.19
1The following definitions apply in this Act.
“Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act.(Commission)
“gift card” means, subject to the regulations, an electronic card, written certificate or other voucher or device with a monetary value, that is issued or sold in exchange for the future purchase or delivery of goods or services, and includes a gift certificate.(carte-cadeau)
2008, c.G-3.5, s.1; 2013, c.31, s.19
Application
2This Act applies to gift cards issued or sold on or after June 18, 2008, except as may be provided in the regulations.
2008, c.G-3.5, s.2
No expiry date
3(1)No person shall issue or sell a gift card that has an expiry date, except as may be provided in the regulations.
3(2)If a gift card that is issued or sold with an expiry date in contravention of subsection (1) is otherwise valid, it is redeemable as if it had no expiry date.
3(3)A gift card that is issued or sold without an expiry date is valid until fully redeemed or replaced.
2008, c.G-3.5, s.3
Limit on fees
4(1)No person shall issue or sell a gift card for less than the value of the payment made by the purchaser of the gift card.
4(2)No person shall charge a fee to the purchaser or holder of a gift card for anything in relation to the gift card, except as may be permitted by the regulations.
4(3)A purchaser or holder of a gift card who paid a fee that was charged in contravention of subsection (2) may demand a refund of that fee by giving written notice to the person who charged the fee within one year after the date on which the fee was paid.
4(4)A person who receives a notice demanding a refund under subsection (3) shall provide the refund within 15 days after receiving the notice.
2008, c.G-3.5, s.4
Disclosure of information
5(1)A person who issues or sells a gift card shall clearly disclose the following information at the time the gift card is issued or sold:
(a) all restrictions, limitations, terms and conditions imposed in respect of the use, redemption or replacement of the gift card, including any permitted fee or expiry date;
(b) a description of the way in which a consumer can obtain information respecting the gift card, including any remaining balance; and
(c) any other information required by regulation.
5(2)The information described in subsection (1) shall be provided in the manner and form prescribed by regulation.
2008, c.G-3.5, s.5
Offences and penalties
6(1)A person who violates or fails to comply with any of the following provisions commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence:
(a) subsection 3(1);
(b) subsection 4(1);
(c) subsection 4(2); and
(d) subsection 5(1).
6(2)A person who violates or fails to comply with a provision of the regulations commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
2008, c.G-3.5, s.6
Administration
2013, c.31, s.19
6.1The Commission is responsible for the administration of this Act.
2013, c.31, s.19
Regulations
7The Lieutenant-Governor in Council may make regulations
(a) extending or limiting the meaning of “gift card”;
(b) exempting classes of gift cards from the application of this Act or any provision of it;
(c) exempting classes of persons who issue, sell or redeem gift cards from the application of this Act or any provision of it;
(d) governing the use of expiry dates for gift cards that are exempt from subsection 3(1);
(e) respecting the imposition of restrictions, prohibitions and other terms and conditions on the issuance, sale, redemption, replacement and use of gift cards;
(f) governing fees that may be charged in relation to gift cards, including prescribing the amount of a fee or a method of determining the amount of a fee;
(g) prescribing information to be provided in relation to gift cards, and the manner and form of providing that information;
(h) defining any word or phrase used but not defined in this Act;
(i) respecting any matter that the Lieutenant-Governor in Council considers necessary for the administration of this Act.
2008, c.G-3.5, s.7
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to July 1, 2013.