Rewards Points Regulation In Ontario Coming Into Force January 1, 2018

Happy new year, indeed. As we first reported in a bulletin last year, Ontario is moving to ban the expiration of rewards points based on the passage of time, and implementing other controls and restrictions on rewards/loyalty programs in the province.  Effective January 1, 2018, provisions will come into force under the Consumer Protection Act, 2002 ("Act") and the General Regulation (the "Regulation") to regulate the expiry of rewards points.

Notably, the retroactive application of the legislation has been pulled back. When introduced in 2016, the Act contemplated that program providers must reinstate points that had expired between then and the date the legislation would come into force. When the legislation now comes into force, over a year later, the applicable sections of the Act (specifically, subsections 47.1(5), (6) and (8)) will be simultaneously repealed.