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Newfoundland and Labrador
Regulation 2011


NEWFOUNDLAND AND LABRADOR REGULATION 14/11

NEWFOUNDLAND AND LABRADOR
REGULATION 14/11

Gift Card Regulations
under the
Consumer Protection and Business Practices Act

(Filed February 15, 2011)

Under the authority of section 106 of the Consumer Protection and Business Practices Act, I make the following regulations.

Dated at St. John’s, February 9, 2011.

Harry Harding
Minister of Government Services

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Expiry dates prohibited

        4.   Exception

        5.   Limits on fees

        6.   Refunding unauthorized fee

        7.   Information to be disclosed

        8.   Commencement


Short title

        1. These regulations may be cited as the Gift Card Regulations.

Definitions

        2. In these regulations

             (a)  "Act" means the Consumer Protection and Business Practices Act;

             (b)  "gift card" means an electronic card, written certificate or other voucher or payment device, including a gift certificate, that has an express or implied monetary value and is issued or sold in exchange for the future purchase or delivery of goods or services; and

             (c)  "supplier" means a person, corporation or partnership who issues, sells or offers for sale gift cards in the course of his, her or its business, and includes a salesperson, employee, representative or agent of the person, corporation or partnership.

Expiry dates prohibited

        3. (1) A supplier shall not issue or sell a gift card that has an expiry date.

             (2)  A gift card which is issued or sold with an expiry date is redeemable as if it had no expiry date.

             (3)  On the coming into force of these regulations, the expiry date of a gift card that has not expired has no effect, except where that gift card is exempted under section 4.

Exception

        4. (1) Notwithstanding section 3, an expiry date is permitted for the following gift cards:

             (a)  a gift card issued or sold for a charitable purpose; and

             (b)  a gift card issued for a marketing, advertising or promotional purpose.

       (2) Notwithstanding section 3, where an expiry date was included on a gift card issued for a specific good or service before these regulations came into force, that expiry date is valid notwithstanding the coming into force of these regulations.

Limits on fees

        5. (1) A supplier shall not issue or sell a gift card with a value that is less than the value of the payment made by the purchaser of the gift card.

             (2)  A supplier shall not charge a fee to a purchaser or holder of a gift card for anything in relation to the gift card except as authorized under this section.

             (3)  A supplier may charge a fee on the following gift cards:

             (a)  a gift card issued or sold for a charitable purpose; and

             (b)  a gift card issued for a marketing, advertising or promotional purpose.

             (4)  A supplier may charge a fee for replacing a lost or stolen gift card or to customize a gift card.

Refunding unauthorized fee

        6. (1) A purchaser or holder of a gift card who pays a fee that is not authorized under section 5 may demand a refund of that fee by giving written notice to the supplier who charged the fee.

             (2)  A supplier shall provide a refund of an unauthorized fee no later than 15 days after the date the supplier receives a demand for a refund under subsection (1).

Information to be disclosed

        7. (1) At the time the gift card is issued or sold, a supplier shall clearly disclose all of the following information, in writing:

             (a)  information respecting all restrictions, limitations, terms and conditions imposed for using, redeeming or replacing the gift card, including any fees or expiry date; and

             (b)  information respecting how a consumer may obtain information about the gift card, including any remaining balance.

             (2)  The following information shall be printed directly on the gift card:

             (a)  any expiry date;

             (b)  any fee;

             (c)  any return policy which may apply to purchases with the gift card; and

             (d)  contact information which may be used to obtain details about the gift card, including the remaining balance.

Commencement

        8. These regulations come into force on April 1, 2011.