O. Reg. 202/18: GENERAL
filed April 4, 2018 under Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A
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made under the
Consumer Protection Act, 2002
Made: March 27, 2018
Filed: April 4, 2018
Published on e-Laws: April 4, 2018
Printed in The Ontario Gazette: April 21, 2018
Amending O. Reg. 17/05
(GENERAL)
1. (1) The definition of “gift card agreement” in section 23 of Ontario Regulation 17/05 is revoked and the following substituted:
“gift card agreement” means a future performance agreement under which the supplier issues a gift card to the consumer and under which,
(a) if the card is not reloadable, the consumer makes payment in full when entering into the agreement, or
(b) if the card is reloadable, the consumer makes payment in an amount equal to the initial value of the card when entering into the agreement; (“convention de carte-cadeau”)
(2) Section 23 of the Regulation is amended by adding the following definition:
“reloadable gift card” means a gift card to which the holder can add value after the initial purchase of the card. (“carte-cadeau rechargeable”)
2. (1) Section 25.1 of the Regulation is amended by striking out “or” at the end of clauses (a) and (b) and by striking out clause (c) and substituting the following:
(c) a gift card issued by a financial institution; or
(d) the gift card agreement under which a gift card described in clause (a), (b) or (c) is issued.
(2) Section 25.1 of the Regulation is amended by adding the following subsections:
(2) In subsection (1),
“financial institution” means,
(a) a bank, authorized foreign bank or federal credit union as defined in section 2 of the Bank Act (Canada),
(b) a credit union or a league as defined in section 1 of the Credit Unions and Caisses Populaires Act, 1994, or
(c) a trust corporation or loan corporation registered under the Loan and Trust Corporations Act.
(3) For greater certainty, subject to subsection (1), sections 25.2 to 25.5 apply to a gift card agreement and a gift card issued under it if the holder of the card purchased it for themselves or received it from another person.
3. (1) Clause 25.4 (1) (a) of the Regulation is amended by striking out “for entering” and substituting “when entering”.
(2) Subsection 25.4 (1) of the Regulation is amended by striking out “or” at the end of clause (a) and by adding the following clause:
(a.1) add value to a reloadable gift card if the value added is less than the value of the payment made by the holder of the card to reload the card; or
(3) Clause 25.4 (2) (a) of the Regulation is amended by striking out “for entering” and substituting “when entering”.
(4) Subsection 25.4 (2) of the Regulation is amended by striking out “or” at the end of clause (a) and by adding the following clause:
(a.1) add value to a reloadable gift card if the value added is less than the value of the payment made by the holder of the card to reload the card; or
Commencement
4. This Regulation comes into force on the later of July 1, 2018 and the day it is filed.