47.1 (1) Subject to the other provisions of this section, no supplier shall enter into or amend a consumer agreement under which rewards points are provided to provide for the expiry of rewards points due to the passage of time alone. 2016, c. 34, s. 2 (1). Application and transition (2) This section applies to all consumer agreements under which rewards points are provided, (a) that existed on October 1, 2016; (b) that were entered into after October 1, 2016, but before the day this section came into force; or (c) that are entered into on or after the date this section comes into force. 2016, c. 34, s. 2 (1). Effect of termination (3) Subject to any prescribed exceptions, on and after the day this section comes into force, and upon providing notice to the other party, the supplier or the consumer may terminate the consumer agreement under which rewards points are provided, and if the consumer agreement so provided, the consumer’s accumulated rewards points may expire. 2016, c. 34, s. 2 (1). Term of consumer agreement not enforceable (4) Any provision or part of a provision of a consumer agreement that contravenes this section or that fails to comply with the regulations with respect to rewards points is not enforceable, but such unenforceability shall not invalidate the remaining provisions in the consumer agreement. 2016, c. 34, s. 2 (1). Retroactive effect on expiry of rewards points (5) Subject to any prescribed exceptions, within 15 days of this section coming into force, a supplier shall credit back to a consumer any rewards points that expired on or after October 1, 2016 and before the day this section comes into force. 2016, c. 34, s. 2 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 47.1 (5) of the Act is repealed. (See: 2016, c. 34, s. 2 (2)) Transition: crediting back, supplier termination of consumer agreement (6) If a supplier terminated a consumer agreement under which rewards points were provided on or after October 1, 2016 and before the date this section came into force, the previously terminated agreement shall be deemed to not have been terminated and the supplier shall, within 15 days of this section coming into force, credit back to the consumer all rewards points that expired upon that termination. 2016, c. 34, s. 2 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 47.1 (6) of the Act is repealed. (See: 2016, c. 34, s. 2 (2)) No cause of action for retroactivity (7) No cause of action arises against the Crown as a direct or indirect result of the retroactive application of this section or any regulations respecting rewards points, and no costs, compensation or damages are owing or payable by the Crown to any supplier, consumer or person as a result of such retroactive application. 2016, c. 34, s. 2 (1). Evidence (8) In any proceeding under this Act about the crediting back of rewards points mentioned in subsection (5) or (6), despite any contractual provision to the contrary, a court or tribunal may consider records presented by the consumer, determine those records’ admissibility and may give those records whatever weight it sees fit. 2016, c. 34, s. 2 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 47.1 (8) of the Act is repealed. (See: 2016, c. 34, s. 2 (2)) Other expiry allowed (9) Consumer agreements under which rewards points are provided may provide for expiry due to reasons other than the passage of time alone, subject to any limits that may be prescribed. 2016, c. 34, s. 2 (1). No retroactive offences (10) Nothing in this section creates a retroactive offence. 2016, c. 34, s. 2 (1). Section Amendments with date in force (d/m/y) 2016, c. 34, s. 2 (1)
- 01/01/2018; 2016, c. 34, s. 2 (2)
- not in force PART V   SECTORS WHERE aDVANCE FEE PROHIBITED