P-40.1, r. 3 - Regulation respecting the application of the Consumer Protection Act

Section 79.4 Disposition versions

2012-09-01

79.4. Despite section 187.4 of the Act, a contract for the sale of a prepaid card for the procurement of goods or services from several independent merchants who do not use the same name may provide for

(a)  a fee not exceeding $3.50 for the activation of the card, provided the fee is mentioned on the front of the card; or

(b)  a fee not exceeding $2.50 per month for non-use of the card, on the following conditions:

i.  no fee may be charged before the 15th month following the conclusion of the contract;

ii.  no fee may be charged between the 15th and the 18th month following the conclusion of the contract if, before the end of the 14th month, the consumer so requests by contacting the merchant identified for that purpose on the card;

iii.  the amount of the fee for non-use of the card, along with the conditions provided for in subparagraphs i and ii, appear on the back of the card; and

iv.  a statement is made on the front of the card in letters of at least 10-point typeface that the information on fees appears on the back of the card.

O.C. 495-2010, s. 15.