In 1989, the Unclaimed Intangible Property Act was passed in Ontario, but it was never proclaimed in force. In fact, it has been repealed.

Now the Government of Ontario is seeking comments on a proposed Unclaimed Intangible Property Program. In developing the Program, the Government first would introduce a bill in the Ontario legislature. The proposed legislation would be based principally on the model set out in the Uniform Unclaimed Intangible Property Act (“Uniform Act”), which is available here. The Uniform Act defines “property” broadly to mean an interest in intangible property, including a gift certificate.

In the consultation document, which is available here, the government asks what property should be specifically included or excluded from the Program. The document notes that the Uniform Act allows the government to specifically exclude any property it believes should not be part of the Program. The consultation document notes that Alberta’s unclaimed personal property regulation expressly excludes “gift certificates”, which definition includes a gift card.

The announcement for the proposed Program is available here. The deadline for submissions is October 12, 2012.