O. Reg. 202/08: GENERAL

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ontario regulation 202/08

made under the

consumer protection act, 2002

Made: June 11, 2008
Filed: June 16, 2008
Published on e-Laws: June 17, 2008
Printed in The Ontario Gazette: July 5, 2008

Amending O. Reg. 17/05

(General)

1. Section 23 of Ontario Regulation 17/05 is amended by adding the following definition:

“open loop gift card agreement” means a gift card agreement that entitles the holder of a gift card to apply it towards purchasing goods or services from multiple unaffiliated sellers. (“convention de carte-cadeau universelle”)

2. (1) Subsection 25.4 (1) of the Regulation is amended by striking out “until 270 days have expired since the day this section comes into force” and substituting “until September 1, 2008.”

(2) Subsections 25.4 (1) and (2) of the Regulation are revoked and the following substituted:

(1) No supplier under a gift card agreement that is not an open loop gift card agreement shall,

(a) issue a gift card for less than the value of the payment made by the consumer for entering into the agreement or hold out that the supplier can provide such a gift card; or

(b) charge a fee to the holder of a gift card for anything in relation to the card, other than a fee for replacing a lost or stolen gift card or a fee to customize a gift card. 

(2) No supplier under an open loop gift card agreement shall,

(a) issue a gift card for less than the value of the payment made by the consumer for entering into the agreement less $1.50 or hold out that the supplier can provide such a gift card; or

(b) charge a fee to the holder of a gift card for anything in relation to the card, other than a fee for replacing a lost or stolen gift card, a fee to customize a gift card or a dormancy fee in accordance with subsection (2.1). 

(2.1) The supplier under an open loop gift card agreement may charge a dormancy fee to the holder of the gift card if,

(a) the fee is charged no earlier than,

(i) 15 months after the end of the month that the consumer entered into the agreement, if the holder does not request the supplier for an extension in that 15th month, or

(ii) 18 months after the end of the month that the consumer entered into the agreement, if the holder requests the supplier for an extension in the 15th month after the end of the month that the consumer entered into the agreement;

(b) the fee does not exceed $2.50 per month;

(c) the card has a notice on the front of the card in 10 point font indicating that there is fee information on the back of the card;

(d) the card has a notice on the back of the card setting out, clearly and prominently, the information mentioned in clauses (a) and (b); and

(e) the supplier discloses the information mentioned in clauses (a) and (b) to the consumer at the time that the consumer enters into the agreement.

3. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Section 1 and subsection 2 (2) come into force on September 1, 2008.

 

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