Trading Stamp Act, R.S.S. 1978, c. T-18

                                                                               1

                                                                          c. T-18
                           TRADING STAMPS




               The
          Trading Stamp
               Act

                                 being

Chapter T-18 of The Revised Statutes of Saskatchewan, 1978
               (effective February 26, 1979).




                               NOTE:
 This consolidation is not official. Amendments have been
 incorporated for convenience of reference and the original statutes
 and regulations should be consulted for all purposes of interpretation
 and application of the law. In order to preserve the integrity of the
 original statutes and regulations, errors that may have appeared are
 reproduced in this consolidation.

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c. T-18                     TRADING STAMPS



                        Table of Contents
          1   Short title
          2   Interpretation
          3   Disposal of certain trading stamps prohibited
          4   Certain agreements respecting trading stamps void
          5   Order prohibiting repetition of acts in violation of
                section 3
          6   Construction of Act

                                                                                          3

                                                                                    c. T-18
                                       TRADING STAMPS




                                      CHAPTER T-18
                         An Act respecting Trading Stamps
Short title
    1 This Act may be cited as The Trading Stamp Act.
Interpretation
    2 In this Act:
          (a) "judge" means a judge of Her Majesty's Court of Queen's Bench for
          Saskatchewan;
          (b) "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 the vendor thereof or on his behalf, and to represent a
          discount on the price of goods or a premium to the purchaser thereof, but does
          not include an offer, endorsed by the manufacturer upon a wrapper or
          container in which goods are sold, of a premium or reward for the return of
          that wrapper or container to the manufacturer.
                                                      R.S.S. 1978, c.T-18, s.2.


Disposal of certain trading stamps prohibited
    3 No person shall, in the course of trade in Saskatchewan, by himself or his
    employee or agent, directly or indirectly, issue, give, sell, distribute or otherwise
    dispose of, or offer to issue, give, sell, distribute or otherwise dispose of, trading
    stamps having a redeemable value of less than ten cents each.
                                                      R.S.S. 1978, c.T-18, s.3.


Certain agreements respecting trading stamps void
    4 An agreement under which trading stamps having a redeemable value of less
    than ten cents each are to be issued, given, sold, distributed or otherwise dealt
    with in any manner in the course of trade in Saskatchewan is void.
                                                      R.S.S. 1978, c.T-18, s.4.


Order prohibiting repetition of acts in violation of section 3
    5(1) Where, upon the hearing of an application made to a judge by the Attorney
    General or by any person with the written consent of the Attorney General, it
    appears to the judge that a person has, in the course of trade in Saskatchewan, by
    himself or his employee or agent directly or indirectly issued, given, sold,
    distributed or otherwise disposed of, or offered to issue, give, sell, distribute or
    otherwise disposed of, trading stamps having a redeemable value of less than ten
    cents each, the judge shall by order prohibit the repetition or continuation by that
    person, or any of his employees or agents, of any act or thing directed towards
    directly or indirectly issuing, giving, selling, distributing or otherwise disposing
    of, or offering to issue, give, sell, distribute or otherwise dispose of, trading stamps
    having a redeemable value of less than ten cents each.

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c. T-18                            TRADING STAMPS



    (2) An application under subsection (1) shall be by notice of motion and the
    provisions of The Queen's Bench Rules respecting motions and applications shall
    apply mutatis mutandis.
    (3) Where upon an ex parte application to a judge it is shown to the satisfaction of
    the judge that the person to whom the notice of motion respecting an application
    under subsection (1) is addressed or, if the notice is addressed to more persons
    than one, that any of the persons to whom the notice is addressed, has or have left
    Saskatchewan or cannot be found, the judge may hear the application to which the
    notice of motion has reference, notwithstanding that the notice has not been
    served on that person or those persons, and may in all respects proceed in the
    same manner as if the notice had been served and make an order pursuant to sub-
    section (1).
    (4) Notwithstanding subsection (2), where a judge is satisfied that it would be in
    the interests of the administration of justice to do so he may permit an application
    to be made under subsection (1) ex parte.
    (5) Where the hearing of an application made under subsection (1) is adjourned
    or the decision thereon is deferred, the judge may make an interim order in the
    same terms as if it were an order under subsection (1), which order shall continue
    in effect until the expiration of the period specified in the order or until the
    application is disposed of, whichever shall first occur.
                                                   R.S.S. 1978, c.T-18, s.5.


Construction of Act
    6(1) The purpose and intent of the Legislature is to confine the provisions of this
    Act within the competence of the Legislature, and all the provisions thereof shall
    be construed so as to give effect to that purpose and intent.
    (2) If any provision or section of this Act is held or found to be beyond the powers
    of the Legislature, that provision or section shall be read distributively, and so far
    as it deals with matters within the competence of the Legislature it shall stand and
    be valid and operative and shall have the same effect as if it had dealt with such
    matters exclusively; and the remaining provisions and sections of this Act shall
    not be deemed or held to be inoperative or ultra vires, but shall stand and be valid
    and operative and shall have the same effect as if they had been originally enacted
    as separate and independent enactments and as the only provisions of the Act; and
    all the provisions of the Act that are within the powers of the Legislature shall
    remain in full force and effect notwithstanding that some provisions are held to be
    ultra vires, the intention of the Legislature being to give separate and independent
    effect to the extent of its powers to every enactment and provision contained in
    this Act.
                                                   R.S.S. 1978, c.T-18, s.6.




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