37.1The following definitions apply in this Part.
“applicant” means a person who applies for a licence or for the renewal of a licence under this Part.(demandeur)
“borrower” means a person who is a borrower in relation to a payday loan.(emprunteur)
“cash card” means a card or other device that
(carte porte-monnaie électronique)
(a)
can be used to obtain cash or acquire goods or services, and
(b)
is issued by a payday lender to a borrower instead of advancing cash or transferring money to the borrower or to the order of the borrower,
but does not include a credit card.
“cheque cashing fee” means
(frais d’encaissement de chèque)
(a)
a fee, rate, commission, charge or other amount or consideration charged, paid or given for cashing or negotiating a government cheque, and
(b)
any other fee, rate, commission, charge or other amount or consideration designated by regulation as a cheque cashing fee.
“government agency” means any division or portion of the Public Service, as defined in the Public Service Labour Relations Act, that is designated by regulation as a government agency. (organisme gouvernemental)
“government cheque” means a cheque, or other written order to pay, drawn on an account of
(chèque du gouvernement)
(a)
the Government of Canada,
(b)
the Government of New Brunswick,
(c)
a government agency, or
(d)
a local government agency.
“Internet payday loan” means a payday loan under an agreement between a borrower and a credit grantor that is formed by Internet communications or by a combination of Internet and fax communications. (prêt sur salaire par Internet)
“licence” means, unless the context otherwise requires, a licence issued under this Part that is not suspended or cancelled.(permis)
“licensee” means a person who holds a licence under this Part.(titulaire de permis)
“local government agency” means a local government as defined in subsection 1(1) of the Local Governance Act, that is designated by regulation as a local government agency.(organisme d’administration locale)
“payday lender” means a credit grantor who offers, arranges or provides a payday loan. (prêteur)
“payday loan” means a loan of money
(prêt sur salaire)
(a)
with a principal of no more than $1,500,
(b)
with a term that is no longer than 62 days, and
(c)
that is made in exchange for a post-dated cheque, a pre-authorized debit or a future payment of a similar nature but not for any guarantee, suretyship, overdraft protection or security on property and not through a margin loan, pawnbroking, a line of credit or a credit card.
“payday loan agreement” means, in relation to a payday loan, the written agreement required under section 37.28.(contrat de prêt sur salaire)
“rollover” means
(reconduction)
(a)
the extension or renewal of a payday loan that imposes additional fees or charges on the borrower, other than interest, or
(b)
the advancement of a new payday loan to pay out an existing payday loan.
“rule” means a rule made under section 37.467, or if the context requires, a rule made under the Financial and Consumer Services Commission Act.(règle)
“term” means, in relation to the duration of a payday loan, the period between the first advance and the last payment anticipated by the payday loan agreement.(durée)
“third party service charge” means, in relation to a cash card issued by a payday lender, any fee, rate, commission, charge or other amount that is charged or required by a person who is not the payday lender, or that is paid to such a person, for use of the cash card.(frais de services offerts par un tiers)
“wages” includes salary and periodic payments in respect of loss of future income or loss of earning capacity. (salaire)
2008, c.3, s.1; 2014, c.31, s.1; 2017, c.20, s.181