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Ontario proposes amendments to gift card rules to clarify scope

gift card rulesOn January 19, 2018, the Government of Ontario issued a proposal to amend existing gift card rules under the Consumer Protection Act, 2002 (Ontario). The existing gift card rules, among other things, prescribe certain disclosure requirements and impose limitations on fees and expiry dates. The proposed amendments are intended to clarify the scope of such rules. Comments on the proposed amendments are due February 8, 2018.

The amendments propose to clarify as follows:

  • Prepaid cards issued by a financial institution are exempt – The amendments clarify that the gift card rules do not apply to a prepaid card issued under an agreement between a cardholder and a “financial institution” (defined as a bank, authorized foreign bank, federal or provincial credit union or trust company or loan corporation) relating to the use of such card, as these type of cards are generally already subject to similar requirements (such as the Prepaid Payment Products Regulations under the Bank Act (Canada) for example). This exemption is similar to exemptions already existing in BC and Alberta and to a more limited extent, Québec.
  • Gift cards rules also apply to gift cards not purchased as gifts – The amendments clarify that the gift card rules do also apply to gift cards not purchased as gifts, i.e. cards purchased by a cardholder for her or his own use.
  • Reloadable gift cards are not exempt – The amendments clarify that the gift card rules do apply to gift cards that can be reloaded.

The proposal states that the amendments are intended to clarify “confusion in the marketplace about how the rules apply to certain types of cards, like prepaid credit cards”.

By Ana Badour

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McCarthy Tétrault LLP

McCarthy Tétrault is a Canadian law firm that delivers integrated business law, litigation services, tax law, real property law, labour and employment law nationally and globally.McCarthy publishes a series of blogs to share information with companies to help them comply and manage their businesses. On the Inside Internal Controls blog we will share some of those blog posts sharing their expertise among others, in the areas of Competition/Anti-trust, Corporate and Commercial Law, Intellectual Property, Privacy, Environmental Law, Technology and Litigation. Read more here
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