Interpretation

1.  In this Act "trading stamp" means any form of cash receipt, receipt, coupon, stamp, premium ticket or other device designed or intended to be given to the purchaser of goods by or on behalf of the vendor of those goods, and to represent a discount on the price of goods or a premium to the purchaser of them, but does not include an offer, endorsed by the manufacturer on a wrapper or container in which goods are sold, of a premium or reward for return of that wrapper or container to the manufacturer.

Historical Note(s): RS1960-385-3(1); 1962-63-3.

Minimum value

2.  (1) A person shall not, in the course of trade in the Province, by himself or his employee or agent, directly or indirectly, issue or otherwise dispose of, or offer to issue or otherwise dispose of, a trading stamp having a redeemable value of less than 10¢.

(2) An agreement made under which trading stamps having a redeemable value of less than 10¢ are to be given, issued, sold, distributed or otherwise dealt with in any manner in the course of trade in the Province is void.

Historical Note(s): RS1960-385-3(2,3); 1962-63-3.

Prohibitory orders

3.  (1) Where it appears to a court that a person has, in the course of trade in the Province, by himself or his employee or agent, directly or indirectly, issued or otherwise disposed of, or offered to issue or otherwise dispose of, a trading stamp having a redeemable value of less than 10¢, the court shall prohibit the repetition or continuing of any act or thing by that person or any of his employees or agents constituted or directed toward the direct or indirect issuing or otherwise disposing of, or offering to issue or otherwise dispose of, any trading stamp having a redeemable value of less than 10¢.

(2) In this section "court" means the Supreme Court or the Provincial Court.

Historical Note(s): 1962-63-4; 1989-40-202.

Constitutionality intent of Legislature

4.  (1) The purpose and intent of the Legislature is to confine this Act within the competence of the Legislature, and it shall be construed so as to give effect to that purpose and intent.

(2) If a provision or section is held or found to be beyond the powers of the Province, that provision or section shall be read distributively, and so far as it deals with matters within the competence of the Legislature shall stand and be valid and operative, and shall have the same effect as if the provision or section had dealt with those matters exclusively. The remaining provisions and sections of this Act shall not be deemed or held inoperative or unconstitutional, but shall stand and be valid and operative, and shall have the same effect as if originally enacted as separate and independent enactments and as the only provisions of this Act.

(3) All the provisions of this Act that are within the powers of the Province shall remain in full force and effect, notwithstanding that some provisions are held unconstitutional, the intention of the Legislature being to give separate and independent effect to the extent of its powers to every enactment and provision in this Act.

Historical Note(s): RS1960-385-4.