Prepaid Payment Products Regulations

Prepaid Payment Products Regulations His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 454a, 458.3b, 459.4c, 572d, 575.1e, 576.2f and 978g of the Bank Acth, sections 385.21i, 385.252j, 385.28k and 463l of the Cooperative Credit Associations Actm, sections 485n, 488.1o, 489.2p, 603q, 606.1r, 607.1s and 1021t of the Insurance Companies Actu and sections 440v, 443.2w, 444.3x and 531y of the Trust and Loan Companies Actz, makes the annexed Prepaid Payment Products Regulations. S.C. 2012, c. 5, s. 44 S.C. 2012, c. 5, s. 47 S.C. 2012, c. 5, s. 51 S.C. 2012, c. 5, s. 68 S.C. 2012, c. 5, s. 70 S.C. 2012, c. 5, s. 72 S.C. 2010, c. 12, s. 2092 S.C. 1991, c. 46 S.C. 2012, c. 5, s. 113 S.C. 2012, c. 5, s. 115 S.C. 2012, c. 5, s. 117 S.C. 2005, c. 54, s. 208 S.C. 1991, c. 48 S.C. 2012, c. 5, s. 135 S.C. 2012, c. 5, s. 137 S.C. 2012, c. 5, s. 139 S.C. 2012, c. 5, s. 149 S.C. 2012, c. 5, s. 151 S.C. 2012, c. 5, s. 152 S.C. 2005, c. 54, s. 364 S.C. 1991, c. 47 S.C. 2012, c. 5, s. 173 S.C. 2012, c. 5, s. 175 S.C. 2012, c. 5, s. 178 S.C. 2005, c. 54, s. 449 S.C. 1991, c. 45 Definitions The following definitions apply in these Regulations. institution means any of the following: [Repealed, SOR/2021-181, s. 118] a retail association, as defined in section 2 of the Cooperative Credit Associations Act; a company, as defined in subsection 2(1) of the Insurance Companies Act; a foreign company, as defined in subsection 2(1) of the Insurance Companies Act; or a company, as defined in section 2 of the Trust and Loan Companies Act. (institution) maintenance fee means a fee in relation to a prepaid payment product that is charged after the product has been purchased, other than a fee associated with the holder’s use of the product or of any service related to it. (frais de tenue de compte) prepaid payment product means a payment card, whether physical or electronic, that is — or can be — loaded with funds and that can be used by the card holder to make withdrawals or purchase goods or services. (produit de paiement prépayé) promotional product means a prepaid payment product that is purchased by an entity and distributed as part of a promotional, loyalty or award program. (produit promotionnel) Issued in Canada by institution These Regulations apply to prepaid payment products that are issued in Canada by an institution. Clear and simple language Any disclosure referred to in these Regulations must be made in language, and presented in a manner, that is clear, simple and not misleading. Manner and content For the purposes of subsection 385.18(2) of the Cooperative Credit Associations Act, subsections 482(1.1) and 601(2) of the Insurance Companies Act and subsection 438(1.1) of the Trust and Loan Companies Act, the following information must, before a prepaid payment product is issued, be provided in any document that the issuing institution prepares for the issuance of the product, including on the product’s exterior packaging, if any, and be provided in writing to any person applying to the institution for the product: the name of the issuing institution; a toll-free telephone number that can be used to make inquiries about the product’s terms and conditions; the following restrictions on the use of the product, if imposed by the issuing institution: the fact that the product is not reloadable, the fact that the product cannot be used to make withdrawals, and any other restriction that could reasonably be expected to affect a person’s decision to acquire the product; all fees that may be imposed on the product holder by the issuing institution in respect of the product; if the funds that are loaded on the product are not insured by the Canada Deposit Insurance Corporation, a statement to that effect; and a statement indicating in the case of a promotional product, either that the product holder’s right to use the funds that are loaded on the product will not expire or the day on which that right will expire, as the case may be, or in the case of any other prepaid payment product, that the product holder’s right to use the funds that are loaded on the product will not expire. Presentation of fee information The information referred to in paragraph (1)(d) must be presented in an information box and appear prominently on any exterior packaging or other document referred to in subsection (1). Exception — application by telephone Despite section 4, if a person applies for a prepaid payment product by telephone, the information referred to in paragraphs 4(1)(a) to (f) must, before the product is issued, be disclosed to them orally instead of in writing. On issuance For the purposes of subsection 385.18(3) of the Cooperative Credit Associations Act, subsections 482(2) and 601(3) of the Insurance Companies Act and subsection 438(2) of the Trust and Loan Companies Act, any charges for which a natural person to whom a prepaid payment product is issued becomes responsible by accepting or using the product, as well as the following information, must be disclosed in writing to that person on issuance of the product: the product’s terms and conditions, including the product holder’s rights and responsibilities with respect to a lost or stolen product; a description of how the product holder can verify the balance of the funds loaded on the product; a description of how the product holder may, in certain circumstances, use funds loaded on the product towards partial payment of a purchase; and the information referred to in paragraphs 4(1)(a) to (f) unless the product is issued in person and that information was disclosed under subsection 4(1) immediately before the issuance of the product. Other than natural person An institution must, on issuance of a prepaid payment product to a person other than a natural person, disclose to them any charges for which they become responsible by accepting or using the product as well as the information referred to in paragraphs (1)(a) to (d). On product For the purposes of subsection 385.18(3) of the Cooperative Credit Associations Act, subsections 482(2) and 601(3) of the Insurance Companies Act and subsection 438(2) of the Trust and Loan Companies Act, an institution must disclose the following information by setting it out directly on the prepaid payment product or, if the product is electronic, by disclosing it electronically on the product holder’s request: the date on which the prepaid payment product expires, if any; if it is a promotional product, the date, if any, on which the person’s right to use the funds that are loaded on the product will expire; a toll-free telephone number that can be used to make inquiries about the prepaid payment product, including balance inquiries and complaints; and a website address where the information referred to in paragraphs 4(1)(a) to (e) and section 6 can be obtained. Fee changes An institution must not increase any fee, or impose a new fee, associated with a prepaid payment product that is issued to a natural person unless a person has, in their capacity as holder of the product, provided the institution with their name and mailing or email address; the product holder has been given the opportunity to modify the information referred to in paragraph (a); and the institution discloses the new or increased fee by sending a notice to the most recent address provided for the product holder at least 30 days before the effective date of the new or increased fee, and displaying a notice on the institution’s website for a period of at least 60 days immediately before the effective date of the new or increased fee. Use of funds An institution must not impose an expiry date on a prepaid payment product holder’s right to use the funds that are loaded on a prepaid payment product unless it is a promotional product. Maintenance fee An institution must not impose a maintenance fee on a prepaid payment product holder for a period of 12 months after the day on which the product is activated unless it is a promotional product; or a reloadable product and the product holder has given their express consent to the imposition of the fee. Overdraft An institution must not charge overdraft fees or interest in respect of a prepaid payment product without the express consent of the product holder. May 1, 2014 These Regulations come into force on May 1, 2014.