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Business Practices and Consumer Protection Act

[SBC 2004] CHAPTER 2

Part 4.1 — Prepaid Purchase Cards

Definitions

56.1  In this Part, but subject to the regulations, "prepaid purchase card" means a card, written certificate or other voucher or device with a monetary value that is issued or sold to a person in exchange for the future supply of goods or services to a consumer, and includes a gift card and gift certificate, but does not include a cash card as defined in Part 6.1 [Payday Loans].

No expiry date

56.2  (1) Except as may be provided by the regulations under section 56.5 [regulations respecting prepaid purchase cards], a supplier must not issue or sell a prepaid purchase card that has an expiry date.

(2) A prepaid purchase card that is

(a) issued or sold with an expiry date in contravention of subsection (1) is redeemable as if it had no expiry date, and

(b) issued or sold without an expiry date is valid until fully redeemed or replaced.

Fees prohibited except as permitted by regulation

56.3  (1) A supplier must not charge a fee to a consumer for anything in relation to a prepaid purchase card, except as may be permitted by the regulations under section 56.5 [regulations respecting prepaid purchase cards].

(2) If a supplier has charged a fee in contravention of subsection (1), the consumer who paid the fee may demand a refund in the amount of the fee by giving written notice to the supplier within one year of the date on which the fee was paid.

(3) A supplier who receives notice under subsection (2) must provide the refund to the consumer within 15 days of receiving the notice.

Information to be provided

56.4  (1) At the time a prepaid purchase card is issued or sold, the supplier must provide the following information to the person to whom the prepaid purchase card is issued or sold:

(a) all restrictions, limitations, terms and conditions imposed in respect of use, redemption or replacement of the prepaid purchase card, including, without limitation, any permitted fee or expiry date;

(b) a description of the way in which a consumer can obtain information respecting the prepaid purchase card, including any remaining balance;

(c) any other information that may be prescribed by regulation for the purpose of this section.

(2) The supplier must provide the information described in subsection (1) in accordance with the regulations, if any, that may be prescribed under section 56.5 [regulations respecting prepaid purchase cards].

Regulations respecting prepaid purchase cards

56.5  The Lieutenant Governor in Council may make regulations as follows:

(a) extending or limiting the meaning of "prepaid purchase card";

(b) exempting classes of prepaid purchase cards and classes of persons who issue, sell or redeem them from the application of all or part of this Part;

(c) governing the use of expiry dates for prepaid purchase cards that are exempt from section 56.2 (1) [no expiry date];

(d) respecting the imposition of restrictions, limitations and other terms and conditions on the issuance, sale, use, redemption and replacement of prepaid purchase cards;

(e) 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;

(f) respecting information that must be provided in relation to prepaid purchase cards under section 56.4 [information to be provided], and the form, timing and manner of providing that information.

Contents  |  1  |  2  |  3  |  4  |  4.1  |  5  |  6  |  6.1  |  7  |  8  |  9  |  10  |  11  |  12  |  13  |  14  |  15