Gift Card Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/cpgiftcard.htm

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Gift Card Regulations
made under Section 33 of the

Consumer Protection Act

R.S.N.S. 1989, c. 92

O.I.C. 2009-497 (December 2, 2009, effective February 1, 2010), N.S. Reg. 325/2009

Citation

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

Definitions

2     In these regulations,

 

                (a)    “Act” means the Consumer Protection Act;

 

                (b)    “gift card” means an electronic card, written certificate or other voucher orpayment device, including a gift certificate, that has an express or impliedmonetary value and is issued or sold in exchange for the future purchase ordelivery of goods or services, but does not include a cash card as defined in thePayday Lenders Regulations made under the Act;

 

                (c)    “supplier” means a person, corporation or partnership who issues, sells oroffers for sale gift cards in the course of their business, and includes anysalesperson, employee, representative or agent of the person, corporation orpartnership.

Expiry dates not permitted

3     (1)    Except as provided in Section 4, a supplier must not issue or sell a gift card that hasan expiry date.

 

       (2)    A gift card that is issued or sold with an expiry date that is not permitted underSection 4 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 hasnot expired has no effect unless the expiry date is permitted under Section 4.

Exceptions when expiry dates permitted

4     (1)    An expiry date is permitted for the following gift cards:

 

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

 

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

 

       (2)    An expiry date is permitted on a gift card for a specific good or service that is issuedbefore the date these regulations come into force.

Limits on fees

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

 

       (2)    A supplier must not charge a fee to the purchaser or holder of a gift card for anythingin relation to the gift card except as authorized in 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;

 

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

 

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

Refunding unauthorized fee

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

 

       (2)    A supplier must provide a refund of any unauthorized fee no later than 15 days afterthe date they receive a demand for refund under subsection (1).

Information to be disclosed

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

 

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

 

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

 

       (2)    The following information must be disclosed directly on a gift card:

 

                (a)    any expiry date;

 

                (b)    any fees;

 

                (c)    any return policy that may apply to purchases made with the gift card;

 

                (d)    contact information for the consumer to obtain details about the gift card,including the remaining balance.