BILL 58

Gift Card Expiry Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The following definitions apply in this Act.

"gift card" means a voucher in any form, including an electronic credit or written certificate, that is issued by a supplier under a gift card agreement and that the holder is entitled to apply towards purchasing goods or services covered by the voucher. (carte-cadeau)

"gift card agreement" means a future performance agreement under which the supplier issues a gift card to the consumer and in respect of which the consumer makes payment in full when entering into the agreement. (convention de carte-cadeau)

"supplier" means a person who is in the business of selling, leasing or trading in goods or services or is otherwise in the business of supplying goods or services, and includes an agent of a supplier and a person who holds him- or herself out to be a supplier or an agent of a supplier. (fournisseur)

2(1) No supplier shall enter into a gift card agreement that has an expiry date on the future performance of the agreement.

2(2) A gift card agreement with an expiry date on its future performance shall be effective as if it had no expiry date if the agreement is otherwise valid.

3(1) No supplier under a gift card agreement shall

(a) issue a gift card for less than the value of the payment made by the consumer for entering into the agreement or hold out that the supplier can provide such a gift card, or

(b) charge a fee to the holder of a gift card for anything in relation to the card, other than a fee for replacing a lost or stolen gift card or a fee to customize a gift card.

3(2) If a supplier has charged a fee in contravention of paragraph (1)(b), the holder of the gift card who paid the fee may demand a refund within one year after making the payment.

3(3) A supplier who receives a valid demand under subsection (2) shall provide the refund within 15 days of receiving the demand.

4 A gift card agreement shall set out the following information:

(a) the fees that the supplier may charge under paragraph 3(1)(b);

(b) all restrictions, limitations and conditions that the supplier imposes on the use of the gift card.

5 This Act does not apply to a gift card that a supplier issues for a charitable purpose or a gift card agreement under which a gift card is issued for a charitable purpose.

6 This Act applies to every gift card agreement entered into on or after the day this Act comes into force and to every gift card issued under that agreement.

7 This Act comes into force on a day to be fixed by proclamation.