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S.M. 2006, c. 27
Bill 4, 5th Session, 38th Legislature
The Consumer Protection Amendment Act (Prepaid Purchase Cards)
(Assented to December 7, 2006)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Consumer Protection Act is amended by this Act.
2 The following is added after section 169:
PREPAID PURCHASE CARDS
170 In this Part, "prepaid purchase card" means, subject to the regulations, an electronic card, written certificate or other voucher or device with a monetary value, that is issued or sold in exchange for the future purchase or delivery of goods or services, and includes a gift card and gift certificate.
171(1) No person shall issue or sell a prepaid purchase card that has an expiry date, except as may be provided in the regulations.
171(2) A prepaid purchase card that is issued or sold without an expiry date is valid until fully redeemed or replaced.
172 A person who issues or sells a prepaid purchase card must provide information to the consumer as specified in the regulations.
173 The Lieutenant Governor in Council may make regulations respecting prepaid purchase cards, including, without limitation,
(a) extending or limiting the meaning of "prepaid purchase card" for the purpose of this Part;
(b) exempting classes of prepaid purchase cards and classes of persons who issue, sell or redeem prepaid purchase cards from the application of this Part or any provision of it;
(c) governing the use of expiry dates for prepaid purchase cards that are exempt from subsection 171(1);
(d) respecting the imposition of restrictions, prohibitions and other terms and conditions on the issuance, sale, redemption, replacement and use of prepaid purchase cards;
(e) respecting the information that must be provided in relation to prepaid purchase cards, and the form, timing and manner of providing that information;
(f) governing the fees, including inactivity fees or service fees, that may be charged in relation to prepaid purchase cards, including prescribing the amount of a fee or a method of determining the amount of a fee, and prescribing circumstances in which no fee is payable;
(g) defining any word or phrase used but not defined in this Part;
(h) respecting any matter that the Lieutenant Governor in Council considers necessary for the administration of this Part.
3 This Act comes into force on a day to be fixed by proclamation.