This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Gift Card Regulations

made under Section 33 of the

Consumer Protection Act

R.S.N.S. 1989, c. 92

O.I.C. 2009-497 (December 2, 2009, effective February 1, 2010), N.S. Reg. 325/2009


1     These regulations may be cited as the Gift Card Regulations.


2     In these regulations,


                (a)    “Act” means the Consumer Protection Act;


                (b)    “gift card” means an electronic card, written certificate or other voucher or payment device, including a gift certificate, that has an express or implied monetary value and is issued or sold in exchange for the future purchase or delivery of goods or services, but does not include a cash card as defined in the Payday Lenders Regulations made under the Act;


                (c)    “supplier” means a person, corporation or partnership who issues, sells or offers for sale gift cards in the course of their business, and includes any salesperson, employee, representative or agent of the person, corporation or partnership.

Expiry dates not permitted

3     (1)    Except as provided in Section 4, a supplier must not issue or sell a gift card that has an expiry date.


       (2)    A gift card that is issued or sold with an expiry date that is not permitted under Section 4 is redeemable as if it had no expiry date.


       (3)    On the coming into force of these regulations, the expiry date of a gift card that has not expired has no effect unless the expiry date is permitted under Section 4.

Exceptions when expiry dates permitted

4     (1)    An expiry date is permitted for the following gift cards:


                (a)    a gift card issued or sold for a charitable purpose;


                (b)    a gift card issued for a marketing, advertising or promotional purpose.


       (2)    An expiry date is permitted on a gift card for a specific good or service that is issued before the date these regulations come into force.

Limits on fees

5     (1)    A supplier must not issue or sell a gift card with a value that is less than the value of the payment made by the purchaser of the gift card.


       (2)    A supplier must not charge a fee to the purchaser or holder of a gift card for anything in relation to the gift card except as authorized in this Section.


       (3)    A supplier may charge a fee on the following gift cards:


                (a)    a gift card issued or sold for a charitable purpose;


                (b)    a gift card issued for marketing, advertising or promotional purposes.


       (4)    A supplier may charge a fee for replacing a lost or stolen gift card or to customize a gift card.

Refunding unauthorized fee

6     (1)    A purchaser or holder of a gift card who pays a fee that is not authorized under Section 5 may demand a refund of that fee by giving written notice to the supplier who charged the fee.


       (2)    A supplier must provide a refund of any unauthorized fee no later than 15 days after the date they receive a demand for refund under subsection (1).

Information to be disclosed

7     (1)    At the time a gift card is issued or sold, a supplier must clearly disclose all of the following information in writing:


                (a)    information on all restrictions, limitations, terms and conditions imposed for using, redeeming or replacing the gift card, including any fees or expiry date;


                (b)    information on how a consumer can obtain information about the gift card, including any remaining balance.


       (2)    The following information must be disclosed directly on a gift card:


                (a)    any expiry date;


                (b)    any fees;


                (c)    any return policy that may apply to purchases made with the gift card;


                (d)    contact information for the consumer to obtain details about the gift card, including the remaining balance.