Underneath the Golden Boy - Robson Hall Faculty of Law
Underneath the Golden Boy - Robson Hall Faculty of Law Underneath the Golden Boy - Robson Hall Faculty of Law
150 Underneath the Golden Boy the prohibition on expiry dates in the Regulations, 98 although it seems these types of cards still must disclose certain information the consumer. 99 Also, the government went one step further by allowing fees to be associated with these types of cards. 100 IV. CONCURRENCE AND THIRD READING, ROYAL ASSENT, AND COMING INTO FORCE On 6 December 2006, Bill 4 was concurred, read for a third time, and passed. Progressive Conservative member Jack Reimer from Southdale put some supportive comments on the record regarding Bill 4, but his comments were reflective of an unenlightened consumer who didn’t fully understand the farreaching implications of this legislation. His view, essentially, was that it was commendable that the government was stepping in to protect the vulnerable consumer from impending expiry dates. 101 However, there were several issues he did not discuss. He did not specifically address service or maintenance fees of any kind, or discuss their relative merits. Furthermore, as he failed to differentiate between the various types of gift cards, it is unclear from his comments whether he even appreciated their differences and how this legislation has the potential to negatively affect certain retailers, which in turn would ultimately affect consumer choice. At first blush, one might think this legislation could do no harm, but on closer inspection there are many parties potentially affected. The next speaker was the Honorable Jon Gerrard, the leader of the Manitoba Liberal party. He advised that he supported the purported purpose of Bill 4, but that he did have some concerns with it. He suggested that the bill was essentially smoke and mirrors. Although the bill prohibited expiry dates, there was nothing in the bill itself to prevent a company from charging inactivity fees. 102 This is true strictly speaking, although the bill specifically gives the 98 Supra note 80. 99 Supra note 81. 100 Supra note 82. 101 Manitoba, Legislative Assembly, Debates and Proceedings, LVIII No. 15 (6 December 2006) [Debates (6 December 2006)] at 567 (Jack Reimer). 102 Manitoba, Legislative Assembly, Debates and Proceedings, LVIII No. 15 (6 December 2006) [Debates (6 December 2006)] at 567 (Jon Gerrard).
The Consumer Protection Amendment Act 151 Lieutenant Governor the authority to make Regulations pertaining to “inactivity fees or service fees”. 103 Next, Mr. Gerrard addressed the way in which the government introduced the legislation. He took the opportunity to reiterate the comments of the RCC, and criticized the government for the lack of information provided to retailers when the legislation was first considered. He repeated the RCC’s concerns regarding the “prepaid purchase card” definition, agreeing with the RCC that the definition was vague and that the government should have looked more to Ontario’s legislative model. Mr. Gerrard noted that there had been no conclusive statement by the government with respect to the legislation’s treatment of promotional cards. He suggested this was an ambiguity which would only cause more confusion among retailers. Overall, Mr. Gerrard indicated his party will be closely analyzing the government’s implementation of the legislation and the Regulations to ensure its application actually addresses its intention. 104 The bill was given Royal Assent the following day, 7 December 2006. 105 Clause 3 of Bill 4 indicated the Act was to come into force on a day to be fixed by proclamation. 106 On 11 August 2007 the Manitoba Gazette reported that the Act was to come into force on 1 November 2007. 107 The Regulations pertaining to this bill were registered on 31 July 2007. 108 V. OTHER PROVINCIAL LEGISLATION PERTAINING TO GIFT CARDS A. Ontario Ontario, through Bill 152, Ministry of Government Services Consumer Protection and Service Modernization Act, 2006, 109 was the first Canadian jurisdiction to regulate gift cards. 110 It amended the Ontario Consumer 103 Bill 4, supra note 10, s.173(f). 104 Supra note 102 at 568. 105 Manitoba, Legislative Assembly, Debates and Proceedings, LVIII No. 16B (7 December 2006) [Debates (7 December 2006)] at 636. 106 Bill 4, supra note 10, Clause 3. 107 Acts and parts of Acts coming into force after 2006 by proclamation, online, Manitoba Laws: 108 Supra note 12. 109 Supra note 26. 110 Ontario Government News Release, supra note 67.
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The Consumer Protection Amendment Act 151<br />
Lieutenant Governor <strong>the</strong> authority to make Regulations pertaining to “inactivity<br />
fees or service fees”. 103<br />
Next, Mr. Gerrard addressed <strong>the</strong> way in which <strong>the</strong> government introduced<br />
<strong>the</strong> legislation. He took <strong>the</strong> opportunity to reiterate <strong>the</strong> comments <strong>of</strong> <strong>the</strong> RCC,<br />
and criticized <strong>the</strong> government for <strong>the</strong> lack <strong>of</strong> information provided to retailers<br />
when <strong>the</strong> legislation was first considered. He repeated <strong>the</strong> RCC’s concerns<br />
regarding <strong>the</strong> “prepaid purchase card” definition, agreeing with <strong>the</strong> RCC that <strong>the</strong><br />
definition was vague and that <strong>the</strong> government should have looked more to<br />
Ontario’s legislative model. Mr. Gerrard noted that <strong>the</strong>re had been no<br />
conclusive statement by <strong>the</strong> government with respect to <strong>the</strong> legislation’s<br />
treatment <strong>of</strong> promotional cards. He suggested this was an ambiguity which<br />
would only cause more confusion among retailers. Overall, Mr. Gerrard<br />
indicated his party will be closely analyzing <strong>the</strong> government’s implementation <strong>of</strong><br />
<strong>the</strong> legislation and <strong>the</strong> Regulations to ensure its application actually addresses its<br />
intention. 104<br />
The bill was given Royal Assent <strong>the</strong> following day, 7 December 2006. 105<br />
Clause 3 <strong>of</strong> Bill 4 indicated <strong>the</strong> Act was to come into force on a day to be fixed<br />
by proclamation. 106 On 11 August 2007 <strong>the</strong> Manitoba Gazette reported that <strong>the</strong><br />
Act was to come into force on 1 November 2007. 107 The Regulations pertaining<br />
to this bill were registered on 31 July 2007. 108<br />
V. OTHER PROVINCIAL LEGISLATION PERTAINING TO GIFT CARDS<br />
A. Ontario<br />
Ontario, through Bill 152, Ministry <strong>of</strong> Government Services Consumer<br />
Protection and Service Modernization Act, 2006, 109 was <strong>the</strong> first Canadian<br />
jurisdiction to regulate gift cards. 110 It amended <strong>the</strong> Ontario Consumer<br />
103<br />
Bill 4, supra note 10, s.173(f).<br />
104<br />
Supra note 102 at 568.<br />
105<br />
Manitoba, Legislative Assembly, Debates and Proceedings, LVIII No. 16B (7 December 2006)<br />
[Debates (7 December 2006)] at 636.<br />
106<br />
Bill 4, supra note 10, Clause 3.<br />
107<br />
Acts and parts <strong>of</strong> Acts coming into force after 2006 by proclamation, online, Manitoba <strong>Law</strong>s:<br />
<br />
108<br />
Supra note 12.<br />
109<br />
Supra note 26.<br />
110<br />
Ontario Government News Release, supra note 67.
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