Underneath the Golden Boy - Robson Hall Faculty of Law

The Consumer Protection Amendment Act 139
the card in over 4 000 stores and restaurants nationwide. 34 According to
Cadillac Fairview’s Manager of Corporate Communications, Mr. Heath
Applebaum, who spoke before the Ontario Standing Committee on Social Policy
when Ontario was considering similar legislation, Cadillac Fairview has sold
more than two million MSGCs since the card’s inception in 2004. 35 The Cadillac
Fairview version of the card is known as the “shop!” card. 36
Ms. Green emphasized the differences between single retailer gift cards and
MSGCs. The MSGC operates on a much larger scale than the single retailer gift
card, as MSGCs are issued by the shopping centre, not the individual retailer
and a third party company, StoreFinancial Services of Canada Co., implements
and processes the service. According to Ms. Green, Cadillac Fairview does not
profit from issuing the MSGC; it is simply a service they offer because there is a
demand for it from both their tenants (the shopping centre retailers) as well as
consumers. Ms. Green explained that a sponsor bank that uses a global payment
system operates the MSGC program. When the gift card is sold, and value is
added to it, the funds are deposited with the sponsor bank. When the consumer
uses the MSGC, the global system pays the funds to the retailer, similar to a
debit or credit card transaction. 37
Ms. Green pointed out some other notable differences between single
retailer gift cards and the MSGC. The MSGC allows the consumer to return
goods to the retailer and have that amount credited back to their MSGC
account balance. Consumers may also access their MSGC account information
24 hours a day via the internet or a toll free telephone number. Finally, MSGCs
are superior to cash as lost, stolen, or damaged MSGCs may be replaced. 38
With respect to service fees, Ms. Green indicated that the MSGC offered by
Cadillac Fairview has an upfront service fee of $1.50 which is tacked onto the
price of the gift card at the time of purchase, and generally the range of fees for
most MSGCs are between $1.00 and $1.50. 39 These fees are quite transparent as
34
Cadillac Fairview, about the “shop!” card, online:
35
Ontario Government Recognizes Differences Between Mall and Retail Gift Cards, Cadillac
Fairview, online: Cadillac Fairview
36
Supra note 34.
37
Supra note 33 at 8.
38
Ibid.
39
Ibid.