Since the last issue of the Osler Franchise Review, there have been further developments with respect to gift card regulation in Canada in the provinces of Nova Scotia and Alberta. To access our previous gift card legislation update, please click here.
Private Members’ Bill 133, Consumer Protection Act (amended), which was introduced in January 2007, died on the order paper of the 1st Session of the 60th General Assembly. However, Bill 38, An Act to Amend the Consumer Protection Act, was introduced in the 2nd Session and came into force on December 13, 2007. Bill 38 permits the implementation of regulations imposing restrictions on gift cards, including the regulation or prohibition of expiry dates. To date, no regulations under Bill 38 have been proposed.
Alberta no longer plans to regulate gift cards under Bill 23, the Unclaimed Personal Property and Vested Property Act, as discussed in our previous issue of the Osler Franchise Review. The Bill has since been amended and will not apply to gift cards and retail credit. In December 2007, the Alberta Minister of Finance had stated that the government was considering implementing legislation to prohibit expiry dates on gift cards consistent with other provincial gift card requirements.
We continue to monitor developments in this area and will provide updates in future issues of the Osler Franchise Review.