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
156 Underneath the Golden Boy read Bill 12, The Consumer Protection Amendment Act, 2008. 145 It received Royal Assent on 28 April 2008 and will come into force on proclamation. 146 The legislation is quite comprehensive. A director may be appointed under the bill to administer the amendments and regulations pertaining to prepaid purchase cards. 147 Similar to the other provinces’ legislation, the bill prohibits expiry dates and fees (subject to the regulations) and requires information to be provided to the consumer. 148 However, unlike other provinces, this bill has comprehensive sections dealing with the powers the director has to demand documents or records from “any person”. 149 Furthermore, a search warrant may be issued by a justice or provincial court judge if satisfied by information under oath that there are reasonable grounds to believe that someone has contravened, is contravening, or will contravene the sections dealing with prepaid purchase cards. 150 The director can also order compliance and can apply to court for an order directing compliance, or for any other order or remedy. 151 The bill also creates an “offences and penalties” section for those who contravene the new sections: for a first offence individuals face fines up to $5 000 and imprisonment for up to a year. Corporations face fines up to $100 000. The penalties increase for second or subsequent offences. 152 The court can also order restitution. 153 Finally, the Lieutenant Governor may also make Regulations governing fees and consumer disclosure and exempting certain types of prepaid purchase cards. 154 VI. THE RAMIFICATIONS OF BILL 4 At Bill 4’s Second Reading, on 27 November 2007, Minister of Finance Gregory Selinger said: 145 Bill 12, The Consumer Protection Amendment Act, 2008, 1 st Sess., 26 th Leg., Saskatchewan, 2008 (assented to 28 Apr 2008) S.S. 2008, c. 4. [Bill 12]. 146 The Legislative Assembly of Saskatchewan, Progress of Bills, 1 st Sess. 26 th Legislative Assembly, online: . 147 Bill 12, supra note 145, s. 77.12. 148 Ibid. s. 77.13 - 77.15. 149 Ibid. s. 77.18. 150 Ibid. s. 77.19. 151 Ibid. s. 77.20 and 77.21. 152 Ibid. s. 77.22. 153 Ibid. s. 77.23. 154 Ibid. s. 77.28.
The Consumer Protection Amendment Act 157 The legislative amendments in Bill 4 will allow the government to ensure the proper balance between the rights of consumers and the interests of the retail industry with respect to fees and conditions. 155 Based on the foregoing discussion, this begs the question (simply stated), “Where is the balance” At first blush it seems the scales are tipped largely in favor of protecting the consumer. However, a closer analysis reveals that it is unlikely that the legislation will really protect those whom it was designed to protect. It is conceded that the Regulations dealing with consumer disclosure requirements and expiry dates will likely satisfy the bill’s purported objective of consumer protection. However, the same cannot be said about the effects of the legislation on MSGCs in Manitoba. Polo Park did not offer their MSGC, (“shop!”) in the 2007 holiday season: Cadillac Fairview was not provided with sufficient time to create a new card that would be in compliance with the new legislation that came into force shortly before the holiday season (1 November 2007). According to Cadillac Fairview communications manager Heath Applebaum, 40 000 “shop!” cards were sold within the preceding 12 months, a 25% increase from the previous year. 156 Was it really within the best interests of those consumers who wanted to purchase “shop!” cards that the card was not offered Cadillac Fairview owns and manages retail properties in several other provinces, 157 and Manitoba was the only province where the “shop!” card was not offered for the 2007 holiday season. 158 It is unclear why the Manitoba Government did not allow an exemption period similar to Ontario’s. Delaying implementation would have allowed more time to consider how to implement this legislation to balance the various stakeholder rights, while also allowing the “shop!” cards to be offered during the 2007 holiday season. When the writer asked the Director of Consumer and Corporate Affairs if she had any comments with respect to this, she essentially said that the decision not to offer the card was a business decision entirely within the discretion of Cadillac Fairview, not a decision of the government, so she really was not in a position to comment. 159 Essentially, Cadillac Fairview has responded to the new legislation by discontinuing sales of the “shop!” card at Polo Park. However, “shop!” cards purchased outside Manitoba at other Cadillac Fairview shopping centres may 155 Manitoba, Legislative Assembly, Debates and Proceedings, LVIII No. 9 (27 November 2006) [Debates (27 November 2006)] at 310 (Greg Selinger). 156 Supra at note 40, also see: Turenne, supra note 47. 157 Cadillac Fairview Portfolio, supra note 32. 158 Supra at note 40. 159 Supra at not 115.
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156 <strong>Underneath</strong> <strong>the</strong> <strong>Golden</strong> <strong>Boy</strong><br />
read Bill 12, The Consumer Protection Amendment Act, 2008. 145 It received<br />
Royal Assent on 28 April 2008 and will come into force on proclamation. 146<br />
The legislation is quite comprehensive. A director may be appointed under<br />
<strong>the</strong> bill to administer <strong>the</strong> amendments and regulations pertaining to prepaid<br />
purchase cards. 147 Similar to <strong>the</strong> o<strong>the</strong>r provinces’ legislation, <strong>the</strong> bill prohibits<br />
expiry dates and fees (subject to <strong>the</strong> regulations) and requires information to be<br />
provided to <strong>the</strong> consumer. 148 However, unlike o<strong>the</strong>r provinces, this bill has<br />
comprehensive sections dealing with <strong>the</strong> powers <strong>the</strong> director has to demand<br />
documents or records from “any person”. 149 Fur<strong>the</strong>rmore, a search warrant may<br />
be issued by a justice or provincial court judge if satisfied by information under<br />
oath that <strong>the</strong>re are reasonable grounds to believe that someone has contravened,<br />
is contravening, or will contravene <strong>the</strong> sections dealing with prepaid purchase<br />
cards. 150 The director can also order compliance and can apply to court for an<br />
order directing compliance, or for any o<strong>the</strong>r order or remedy. 151 The bill also<br />
creates an “<strong>of</strong>fences and penalties” section for those who contravene <strong>the</strong> new<br />
sections: for a first <strong>of</strong>fence individuals face fines up to $5 000 and imprisonment<br />
for up to a year. Corporations face fines up to $100 000. The penalties increase<br />
for second or subsequent <strong>of</strong>fences. 152 The court can also order restitution. 153<br />
Finally, <strong>the</strong> Lieutenant Governor may also make Regulations governing fees and<br />
consumer disclosure and exempting certain types <strong>of</strong> prepaid purchase cards. 154<br />
VI. THE RAMIFICATIONS OF BILL 4<br />
At Bill 4’s Second Reading, on 27 November 2007, Minister <strong>of</strong> Finance Gregory<br />
Selinger said:<br />
145<br />
Bill 12, The Consumer Protection Amendment Act, 2008, 1 st Sess., 26 th Leg., Saskatchewan,<br />
2008 (assented to 28 Apr 2008) S.S. 2008, c. 4. [Bill 12].<br />
146<br />
The Legislative Assembly <strong>of</strong> Saskatchewan, Progress <strong>of</strong> Bills, 1 st Sess. 26 th Legislative Assembly,<br />
online: .<br />
147<br />
Bill 12, supra note 145, s. 77.12.<br />
148<br />
Ibid. s. 77.13 - 77.15.<br />
149<br />
Ibid. s. 77.18.<br />
150<br />
Ibid. s. 77.19.<br />
151<br />
Ibid. s. 77.20 and 77.21.<br />
152<br />
Ibid. s. 77.22.<br />
153<br />
Ibid. s. 77.23.<br />
154<br />
Ibid. s. 77.28.
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