Acts and Regulations

C-28.3 - Cost of Credit Disclosure and Payday Loans Act

Full text
Regulations
62(1)The Lieutenant-Governor in Council may make regulations
(a) defining “high-ratio mortgage” and “mortgage loan” for the purposes of this Act, the regulations or both;
(b) respecting the APR, including the calculation of the APR;
(c) respecting the calculation of the realizable value;
(d) respecting the conditions and assumptions to which the calculation of the total cost of credit or implicit finance charge is subject;
(e) for the purposes of paragraph 1(3)(i), prescribing things that constitute value received or to be received;
(f) for the purposes of paragraph 1(4)(c), prescribing things that do not constitute value received or to be received;
(g) for the purposes of paragraph 1(5)(c), prescribing things that constitute value given or to be given;
(h) for the purposes of section 6, exempting a credit grantor, lessor or credit broker or a class of credit grantors, lessors or credit brokers from the application of Part II;
(i) exempting any credit agreement or lease or any class of credit agreements or leases from the application of this Act or the regulations or any provision of this Act or the regulations;
(j) respecting requirements for registration of credit grantors, lessors or credit brokers;
(k) for the purposes of paragraph 7(2)(d), prescribing information or documents to be supplied by applicants for registration;
(l) prescribing fees for the registration of a credit grantor, lessor or credit broker for the purposes of paragraph 7(2)(e) and prescribing fees for other matters or services supplied by the Director or the Commission under this Act or the regulations;
(m) for the purposes of section 8, prescribing the period of time during which the registration of a credit grantor, lessor or credit broker remains in effect;
(n) respecting terms and conditions on the registration of a credit grantor, lessor, credit broker or on the suspension or cancellation of the registration of a credit grantor, lessor or credit broker;
(o) respecting the suspension, cancellation or withdrawal of the registration of a credit grantor, lessor or credit broker;
(p) respecting certificates of registration for a credit grantor, lessor or credit broker;
(q) prescribing expenses, charges or fees for the purposes of paragraph 16(3)(a) or (b);
(r) for the purposes of subsection 16(4), respecting the waiver by a borrower of the time period referred to in subsection 16(3), including the terms and conditions on such waiver;
(s) prescribing notices or documents for the purposes of subsection 19(3);
(t) for the purposes of subsection 23(4), respecting the calculation of the portion of each non-interest finance charge that shall be refunded or credited to the borrower;
(u) respecting the limitation of extra charges that may be charged based on usage of leased goods;
(v) for the purposes of section 51, respecting the calculation of the lessee’s maximum liability at the end of the term of a residual obligation lease after returning the leased goods to the lessor;
(v.1) requiring, for the purposes of subsection 51.1(2), that certain books, records or documents be kept;
(v.2) authorizing disclosures for the purposes of subsection 51.51(2);
(v.3) prescribing circumstances, fees and expenses for the purposes of subsection 51.12(8);
(w) for the purposes of section 59, respecting any bond or collateral security that the Director may require to be provided by a credit grantor, lessor or credit broker, including the forfeiture of such bond or collateral security and the disposition of the proceeds of the forfeiture of such bond or collateral security;
(x) respecting communications, contacts, attempted communications or attempted contacts between a credit grantor or lessor and any other person for the purpose of the collection or recovery of a debt owed to a credit grantor by a borrower or to a lessor by a lessee, including prohibiting or limiting such communications, contacts, attempted communications or attempted contacts;
(y) respecting the collection or recovery of a debt owed to a credit grantor by a borrower or to a lessor by a lessee, including, without limiting the generality of the foregoing,
(i) prohibiting the use of any particular method in the collection or recovery of debts by a credit grantor or lessor,
(ii) prescribing the nature and amount of fees and other charges that a credit grantor or lessor may recover or attempt to recover from a borrower or lessee in respect of debt collection activities carried on by the credit grantor or lessor, and
(iii) prohibiting the bringing of any action by a credit grantor or lessor for the recovery of debt in any court of this Province;
(z) respecting the compensation or penalties payable by a lessee on the early termination of a lease;
(aa) respecting the circumstances under which a credit grantor may accelerate payment by the borrower so as to require payment of the outstanding balance of a credit agreement, other than a credit agreement in relation to a mortgage loan;
(aa.1) designating a fee, rate, commission, charge or other amount or consideration as a cheque cashing fee for the purposes of paragraph (b) of the definition “cheque cashing fee” in section 37.1;
(aa.11) designating any division or portion of the Public Service, as defined in the Public Service Labour Relations Act, as a government agency for the purposes of the definition “government agency” in section 37.1;
(aa.12) designating a local government, as defined in subsection 1(1) of the Local Governance Act, as a local government agency for the purposes of the definition “local government agency” in section 37.1;
(aa.13) prescribing Acts for the purposes of subsection 37.11(3);
(aa.14) for the purposes of subsection 37.11(4), exempting any transaction or class of transactions or any person or class of persons from the application of Part V.1 or the regulations relating to that Part or any provision of that Part or the regulations relating to that Part;
(aa.15) respecting licences under Part V.1, including, without limiting the generality of the foregoing,
(i) applications for licences and for renewals of licences,
(ii) qualifications of, and requirements to be satisfied by, applicants and payday lenders,
(iii) information and documents to be provided to the Director by applicants and payday lenders,
(iv) licence fees and licence renewal fees, and
(v) the terms and conditions of a licence;
(aa.151) respecting Internet payday loans;
(aa.16) for the purposes of section 37.15, respecting bonds and other security, including, without limiting the generality of the foregoing,
(i) the terms, conditions and amount of a bond or other security,
(ii) the forfeiture of bonds and other security and the disposition of proceeds of the forfeiture, and
(iii) the powers and duties of the Director or Commission in respect of bonds and other security;
(aa.18) prescribing the period of time for reapplication for the purposes of section 37.24;
(aa.19) for the purposes of paragraph 37.26(1)(c), respecting the manner of serving notices and other documents;
(aa.191) prescribing a number of days for the purposes of paragraph 37.28(2)(e.1);
(aa.2) for the purposes of paragraph 37.28(2)(s), prescribing terms, information or statements;
(aa.21) for the purposes of subsection 37.28(6), prescribing the information to be contained in a notice of cancellation;
(aa.22) prescribing manner of repayment for the purposes of paragraph 37.29(4)(b);
(aa.23) for the purposes of paragraph 37.29(6)(a), prescribing the information to be contained in a receipt;
(aa.24) for the purposes of subsection 37.29(7), specifying whether a liability or obligation is, or is not, related to a payday loan agreement;
(aa.25) for the purposes of section 37.3, respecting the posting of signs, and the form and content of information to be placed on the signs;
(aa.251) for the purposes of subsection 37.31(1),
(i) fixing the maximum total cost of credit - or establishing a rate, formula or tariff for determining the maximum total cost of credit - that may be charged, required or accepted in respect of a payday loan,
(ii) fixing the maximum amount - or establishing a rate, formula or tariff for determining the maximum amount - that may be charged, required or accepted in respect of any component of the total cost of credit of a payday loan;
(aa.252) for the purposes of section 37.36, fixing a maximum percentage - or establishing a rate, formula or tariff for determining a maximum percentage - of the net pay or other net income of the borrower that must not be exceeded by the amount of credit to be extended under a payday loan agreement;
(aa.253) for the purposes of subsection 37.37(1), fixing the maximum penalty or other amount - or establishing a rate, formula or tariff for determining the maximum penalty or other amount - that may be charged, required or accepted in relation to a default by the borrower under a payday loan;
(aa.26) prescribing prohibited practices for the purposes of section 37.39;
(aa.261) for the purposes of section 37.391, prescribing information and documents that payday lenders are required to provide to the Director and the times at which the information and documents are to be provided;
(aa.262) prescribing late fees for the purposes of section 37.392;
(aa.27) for the purposes of section 37.4, prescribing the minimum working capital that shall be maintained by a payday lender;
(aa.3) prescribing an amount of credit remaining on a cash card for the purposes of paragraph 37.44(2)(a);
(aa.4) for the purposes of Part V.1, respecting the expiry of cash cards and setting minimum terms;
(aa.5) respecting the application of the balance of credit remaining on a cash card as payment towards a payday loan under subsection 37.44(6);
(aa.6) for the purposes of subsection 37.45(2), fixing the maximum amount - or establishing a rate, formula or tariff for determining the maximum amount - that may be charged, required or accepted as a cheque cashing fee;
(bb) respecting forms to be used for the purposes of this Act or the regulations;
(cc) defining any word or expression used but not defined in this Act for the purposes of this Act, the regulations or both;
(dd) generally for the better administration of this Act.
62(2)A regulation may be general or particular in its application and may vary for or be made in respect of different credit grantors, lessors or credit brokers or different classes of credit grantors, lessors or credit brokers.
62(3)Without limiting paragraph (1)(aa.151), a regulation made under that paragraph may extend, modify or limit the application of any provision of Part V.1 in relation to an Internet payday loan.
2008, c.3, s.1; 2008, c.12, s.7; 2013, c.31, s.11; 2014, c.31, s.1; 2016, c.5, s.1; 2016, c.40, s.1; 2017, c.20, s.181
Regulations
62The Lieutenant-Governor in Council may make regulations
(a) defining “high-ratio mortgage” and “mortgage loan” for the purposes of this Act, the regulations or both;
(b) respecting the APR, including the calculation of the APR;
(c) respecting the calculation of the realizable value;
(d) respecting the conditions and assumptions to which the calculation of the total cost of credit or implicit finance charge is subject;
(e) for the purposes of paragraph 1(3)(i), prescribing things that constitute value received or to be received;
(f) for the purposes of paragraph 1(4)(c), prescribing things that do not constitute value received or to be received;
(g) for the purposes of paragraph 1(5)(c), prescribing things that constitute value given or to be given;
(h) for the purposes of section 6, exempting a credit grantor, lessor or credit broker or a class of credit grantors, lessors or credit brokers from the application of Part II;
(i) exempting any credit agreement or lease or any class of credit agreements or leases from the application of this Act or the regulations or any provision of this Act or the regulations;
(j) respecting requirements for registration of credit grantors, lessors or credit brokers;
(k) for the purposes of paragraph 7(2)(d), prescribing information or documents to be supplied by applicants for registration;
(l) prescribing fees for the registration of a credit grantor, lessor or credit broker for the purposes of paragraph 7(2)(e) and prescribing fees for other matters or services supplied by the Director or the Commission under this Act or the regulations;
(m) for the purposes of section 8, prescribing the period of time during which the registration of a credit grantor, lessor or credit broker remains in effect;
(n) respecting terms and conditions on the registration of a credit grantor, lessor, credit broker or on the suspension or cancellation of the registration of a credit grantor, lessor or credit broker;
(o) respecting the suspension, cancellation or withdrawal of the registration of a credit grantor, lessor or credit broker;
(p) respecting certificates of registration for a credit grantor, lessor or credit broker;
(q) prescribing expenses, charges or fees for the purposes of paragraph 16(3)(a) or (b);
(r) for the purposes of subsection 16(4), respecting the waiver by a borrower of the time period referred to in subsection 16(3), including the terms and conditions on such waiver;
(s) prescribing notices or documents for the purposes of subsection 19(3);
(t) for the purposes of subsection 23(4), respecting the calculation of the portion of each non-interest finance charge that shall be refunded or credited to the borrower;
(u) respecting the limitation of extra charges that may be charged based on usage of leased goods;
(v) for the purposes of section 51, respecting the calculation of the lessee’s maximum liability at the end of the term of a residual obligation lease after returning the leased goods to the lessor;
(w) for the purposes of section 59, respecting any bond or collateral security that the Director may require to be provided by a credit grantor, lessor or credit broker, including the forfeiture of such bond or collateral security and the disposition of the proceeds of the forfeiture of such bond or collateral security;
(x) respecting communications, contacts, attempted communications or attempted contacts between a credit grantor or lessor and any other person for the purpose of the collection or recovery of a debt owed to a credit grantor by a borrower or to a lessor by a lessee, including prohibiting or limiting such communications, contacts, attempted communications or attempted contacts;
(y) respecting the collection or recovery of a debt owed to a credit grantor by a borrower or to a lessor by a lessee, including, without limiting the generality of the foregoing,
(i) prohibiting the use of any particular method in the collection or recovery of debts by a credit grantor or lessor,
(ii) prescribing the nature and amount of fees and other charges that a credit grantor or lessor may recover or attempt to recover from a borrower or lessee in respect of debt collection activities carried on by the credit grantor or lessor, and
(iii) prohibiting the bringing of any action by a credit grantor or lessor for the recovery of debt in any court of this Province;
(z) respecting the compensation or penalties payable by a lessee on the early termination of a lease;
(aa) respecting the circumstances under which a credit grantor may accelerate payment by the borrower so as to require payment of the outstanding balance of a credit agreement, other than a credit agreement in relation to a mortgage loan;
(bb) respecting forms to be used for the purposes of this Act or the regulations;
(cc) defining any word or expression used but not defined in this Act for the purposes of this Act, the regulations or both;
(dd) generally for the better administration of this Act.
2008, c.12, s.7; 2013, c.31, s.11
Regulations
62The Lieutenant-Governor in Council may make regulations
(a) defining “high-ratio mortgage” and “mortgage loan” for the purposes of this Act, the regulations or both;
(b) respecting the APR, including the calculation of the APR;
(c) respecting the calculation of the realizable value;
(d) respecting the conditions and assumptions to which the calculation of the total cost of credit or implicit finance charge is subject;
(e) for the purposes of paragraph 1(3)(i), prescribing things that constitute value received or to be received;
(f) for the purposes of paragraph 1(4)(c), prescribing things that do not constitute value received or to be received;
(g) for the purposes of paragraph 1(5)(c), prescribing things that constitute value given or to be given;
(h) for the purposes of section 6, exempting a credit grantor, lessor or credit broker or a class of credit grantors, lessors or credit brokers from the application of Part II;
(i) exempting any credit agreement or lease or any class of credit agreements or leases from the application of this Act or the regulations or any provision of this Act or the regulations;
(j) respecting requirements for registration of credit grantors, lessors or credit brokers;
(k) for the purposes of paragraph 7(2)(d), prescribing information or documents to be supplied by applicants for registration;
(l) prescribing fees for the registration of a credit grantor, lessor or credit broker for the purposes of paragraph 7(2)(e) and prescribing fees for other matters or services supplied by the Director or the Commission under this Act or the regulations;
(m) for the purposes of section 8, prescribing the period of time during which the registration of a credit grantor, lessor or credit broker remains in effect;
(n) respecting terms and conditions on the registration of a credit grantor, lessor, credit broker or on the suspension or cancellation of the registration of a credit grantor, lessor or credit broker;
(o) respecting the suspension, cancellation or withdrawal of the registration of a credit grantor, lessor or credit broker;
(p) respecting certificates of registration for a credit grantor, lessor or credit broker;
(q) prescribing expenses, charges or fees for the purposes of paragraph 16(3)(a) or (b);
(r) for the purposes of subsection 16(4), respecting the waiver by a borrower of the time period referred to in subsection 16(3), including the terms and conditions on such waiver;
(s) prescribing notices or documents for the purposes of subsection 19(3);
(t) for the purposes of subsection 23(4), respecting the calculation of the portion of each non-interest finance charge that shall be refunded or credited to the borrower;
(u) respecting the limitation of extra charges that may be charged based on usage of leased goods;
(v) for the purposes of section 51, respecting the calculation of the lessee’s maximum liability at the end of the term of a residual obligation lease after returning the leased goods to the lessor;
(w) for the purposes of section 59, respecting any bond or collateral security that the Director may require to be provided by a credit grantor, lessor or credit broker, including the forfeiture of such bond or collateral security and the disposition of the proceeds of the forfeiture of such bond or collateral security;
(x) respecting communications, contacts, attempted communications or attempted contacts between a credit grantor or lessor and any other person for the purpose of the collection or recovery of a debt owed to a credit grantor by a borrower or to a lessor by a lessee, including prohibiting or limiting such communications, contacts, attempted communications or attempted contacts;
(y) respecting the collection or recovery of a debt owed to a credit grantor by a borrower or to a lessor by a lessee, including, without limiting the generality of the foregoing,
(i) prohibiting the use of any particular method in the collection or recovery of debts by a credit grantor or lessor,
(ii) prescribing the nature and amount of fees and other charges that a credit grantor or lessor may recover or attempt to recover from a borrower or lessee in respect of debt collection activities carried on by the credit grantor or lessor, and
(iii) prohibiting the bringing of any action by a credit grantor or lessor for the recovery of debt in any court of this Province;
(z) respecting the compensation or penalties payable by a lessee on the early termination of a lease;
(aa) respecting the circumstances under which a credit grantor may accelerate payment by the borrower so as to require payment of the outstanding balance of a credit agreement, other than a credit agreement in relation to a mortgage loan;
(bb) respecting forms to be used for the purposes of this Act or the regulations;
(cc) defining any word or expression used but not defined in this Act for the purposes of this Act, the regulations or both;
(dd) generally for the better administration of this Act.
2008, c.12, s.7; 2013, c.31, s.11
Regulations
62The Lieutenant-Governor in Council may make regulations
(a) defining “high-ratio mortgage” and “mortgage loan” for the purposes of this Act, the regulations or both;
(b) respecting the APR, including the calculation of the APR;
(c) respecting the calculation of the realizable value;
(d) respecting the conditions and assumptions to which the calculation of the total cost of credit or implicit finance charge is subject;
(e) for the purposes of paragraph 1(3)(i), prescribing things that constitute value received or to be received;
(f) for the purposes of paragraph 1(4)(c), prescribing things that do not constitute value received or to be received;
(g) for the purposes of paragraph 1(5)(c), prescribing things that constitute value given or to be given;
(h) for the purposes of section 6, exempting a credit grantor, lessor or credit broker or a class of credit grantors, lessors or credit brokers from the application of Part II;
(i) exempting any credit agreement or lease or any class of credit agreements or leases from the application of this Act or the regulations or any provision of this Act or the regulations;
(j) respecting requirements for registration of credit grantors, lessors or credit brokers;
(k) for the purposes of paragraph 7(2)(d), prescribing information or documents to be supplied by applicants for registration;
(l) prescribing fees for the registration of a credit grantor, lessor or credit broker for the purposes of paragraph 7(2)(e) and prescribing fees for other matters or services supplied by the Minister under this Act or the regulations;
(m) for the purposes of section 8, prescribing the period of time during which the registration of a credit grantor, lessor or credit broker remains in effect;
(n) respecting terms and conditions on the registration of a credit grantor, lessor, credit broker or on the suspension or cancellation of the registration of a credit grantor, lessor or credit broker;
(o) respecting the suspension, cancellation or withdrawal of the registration of a credit grantor, lessor or credit broker;
(p) respecting certificates of registration for a credit grantor, lessor or credit broker;
(q) prescribing expenses, charges or fees for the purposes of paragraph 16(3)(a) or (b);
(r) for the purposes of subsection 16(4), respecting the waiver by a borrower of the time period referred to in subsection 16(3), including the terms and conditions on such waiver;
(s) prescribing notices or documents for the purposes of subsection 19(3);
(t) for the purposes of subsection 23(4), respecting the calculation of the portion of each non-interest finance charge that shall be refunded or credited to the borrower;
(u) respecting the limitation of extra charges that may be charged based on usage of leased goods;
(v) for the purposes of section 51, respecting the calculation of the lessee’s maximum liability at the end of the term of a residual obligation lease after returning the leased goods to the lessor;
(w) for the purposes of section 59, respecting any bond or collateral security that the Minister may require to be provided by a credit grantor, lessor or credit broker, including the forfeiture of such bond or collateral security and the disposition of the proceeds of the forfeiture of such bond or collateral security;
(x) respecting communications, contacts, attempted communications or attempted contacts between a credit grantor or lessor and any other person for the purpose of the collection or recovery of a debt owed to a credit grantor by a borrower or to a lessor by a lessee, including prohibiting or limiting such communications, contacts, attempted communications or attempted contacts;
(y) respecting the collection or recovery of a debt owed to a credit grantor by a borrower or to a lessor by a lessee, including, without limiting the generality of the foregoing,
(i) prohibiting the use of any particular method in the collection or recovery of debts by a credit grantor or lessor,
(ii) prescribing the nature and amount of fees and other charges that a credit grantor or lessor may recover or attempt to recover from a borrower or lessee in respect of debt collection activities carried on by the credit grantor or lessor, and
(iii) prohibiting the bringing of any action by a credit grantor or lessor for the recovery of debt in any court of this Province;
(z) respecting the compensation or penalties payable by a lessee on the early termination of a lease;
(aa) respecting the circumstances under which a credit grantor may accelerate payment by the borrower so as to require payment of the outstanding balance of a credit agreement, other than a credit agreement in relation to a mortgage loan;
(bb) respecting forms to be used for the purposes of this Act or the regulations;
(cc) defining any word or expression used but not defined in this Act for the purposes of this Act, the regulations or both;
(dd) generally for the better administration of this Act.
2008, c.12, s.7
Regulations
62The Lieutenant-Governor in Council may make regulations
(a) defining “high-ratio mortgage” and “mortgage loan” for the purposes of this Act, the regulations or both;
(b) respecting the APR, including the calculation of the APR;
(c) respecting the calculation of the realizable value;
(d) respecting the conditions and assumptions to which the calculation of the total cost of credit or implicit finance charge is subject;
(e) for the purposes of paragraph 1(3)(i), prescribing things that constitute value received or to be received;
(f) for the purposes of paragraph 1(4)(c), prescribing things that do not constitute value received or to be received;
(g) for the purposes of paragraph 1(5)(c), prescribing things that constitute value given or to be given;
(h) for the purposes of section 6, exempting a credit grantor, lessor or credit broker or a class of credit grantors, lessors or credit brokers from the application of Part II;
(i) exempting any credit agreement or lease or any class of credit agreements or leases from the application of this Act or the regulations or any provision of this Act or the regulations;
(j) respecting requirements for registration of credit grantors, lessors or credit brokers;
(k) for the purposes of paragraph 7(2)(d), prescribing information or documents to be supplied by applicants for registration;
(l) prescribing fees for the registration of a credit grantor, lessor or credit broker for the purposes of paragraph 7(2)(e) and prescribing fees for other matters or services supplied by the Minister under this Act or the regulations;
(m) for the purposes of section 8, prescribing the period of time during which the registration of a credit grantor, lessor or credit broker remains in effect;
(n) respecting terms and conditions on the registration of a credit grantor, lessor, credit broker or on the suspension or cancellation of the registration of a credit grantor, lessor or credit broker;
(o) respecting the suspension, cancellation or withdrawal of the registration of a credit grantor, lessor or credit broker;
(p) respecting certificates of registration for a credit grantor, lessor or credit broker;
(q) prescribing expenses, charges or fees for the purposes of paragraph 16(3)(a) or (b);
(r) for the purposes of subsection 16(4), respecting the waiver by a borrower of the time period referred to in subsection 16(3), including the terms and conditions on such waiver;
(s) prescribing notices or documents for the purposes of subsection 19(3);
(t) for the purposes of subsection 23(4), respecting the calculation of the portion of each non-interest finance charge that shall be refunded or credited to the borrower;
(u) respecting the limitation of extra charges that may be charged based on usage of leased goods;
(v) for the purposes of section 51, respecting the calculation of the lessee’s maximum liability at the end of the term of a residual obligation lease after returning the leased goods to the lessor;
(w) for the purposes of section 59, respecting any bond or collateral security that the Minister may require to be provided by a credit grantor, lessor or credit broker, including the forfeiture of such bond or collateral security and the disposition of the proceeds of the forfeiture of such bond or collateral security;
(x) respecting communications, contacts, attempted communications or attempted contacts between a credit grantor or lessor and any other person for the purpose of the collection or recovery of a debt owed to a credit grantor by a borrower or to a lessor by a lessee, including prohibiting or limiting such communications, contacts, attempted communications or attempted contacts;
(y) respecting the collection or recovery of a debt owed to a credit grantor by a borrower or to a lessor by a lessee;
(z) respecting the compensation or penalties payable by a lessee on the early termination of a lease;
(aa) respecting the circumstances under which a credit grantor may accelerate payment by the borrower so as to require payment of the outstanding balance of a credit agreement, other than a credit agreement in relation to a mortgage loan;
(bb) respecting forms to be used for the purposes of this Act or the regulations;
(cc) defining any word or expression used but not defined in this Act for the purposes of this Act, the regulations or both;
(dd) generally for the better administration of this Act.