Document ID: chunk:federal_register_of_legislation:C2004C01246:clause:2_12dl
Version: federal_register_of_legislation:C2004C01246
Segment Type: clause
Provision Reference: sch 2 cl 12DL
Character Range: 73099–75002

12DL  Unsolicited credit and debit cards

 (1) A corporation must not send a person:
 (a) a debit card that allows access to an account that is a financial product; or
 (b) an article that may be used as a debit card of that kind;
except in accordance with subsection (2).

 (2) A corporation may send the person the card:
 (a) in pursuance of a request in writing by the person who will be under a liability to the person who issued the card in respect of the use of the card; or
 (b) in renewal or replacement of, or in substitution for:
 (i) a card of the same kind previously sent to the first‑mentioned person in pursuance of a request in writing by the person who was under a liability to the person who issued the card previously so sent in respect of the use of that card; or
 (ii) a card of the same kind previously sent to the first‑mentioned person and used for a purpose for which it was intended to be used.

 (3) Subsection (1) applies only in relation to the sending of a card by or on behalf of the person who issued the card.

 (4) A corporation must not take any action that enables a person who has a credit card to use the card as a debit card except in accordance with a request in writing by the person.

 (5) In this section:

article includes a token, card or document.

credit card means:
 (a) any article of a kind commonly known as a credit card; or
 (b) any similar article intended for use in obtaining cash, goods or services on credit;
and includes any article of a kind that persons carrying on business commonly issue to their customers or prospective customers for use in obtaining goods or services from those persons on credit.

debit card means an article intended for use by a person in obtaining access to an account that is:
 (a) held by the person for the purpose of withdrawing or depositing cash or obtaining goods or services; and
 (b) a financial product.