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Regulations - The Payday Loans Act, 2008


"Certain provisions under the Payday Loans Act, 2008, come into force beginning April 1, 2009.

This legislation:

  • Creates a licensing regime for payday lenders and payday loan brokers
  • Requires lenders to include in the total cost of borrowing all amounts the borrower is required to pay as a condition of entering into a payday loan agreement
  • Prohibits certain industry practices, including "rollover" loans. "Rollover" loans occur when a consumer already has one payday loan, and before that loan is paid off in full, receives another payday loan from the same lender
  • Provides for enforcement through prosecutions and the ability, subject to appeal, to revoke the licenses of payday lenders and loan brokers
  • Establishes the Ontario Payday Lending Education Fund, made up of mandatory financial contributions from licensees, to promote understanding of the Payday Loans Act, 2008 and general financial planning
  • Will increase public confidence in the payday lending market
  • Allows borrowers to cancel payday loan agreements -- without penalty -- during a two-day cooling-off period.
  • Sets a maximum total cost of borrowing cap for payday loan agreements in Ontario of $21 per $100 borrowed, as recommended by Ontario's Maximum Total Cost of Borrowing Advisory Board.

Licensing provisions under the Payday Loans Act, 2008, come into force beginning April 1, 2009."

For more information see the folowing links:



ATTENTION

The payday loan is intended to address short-term financial needs. The cost of borrowing for the loan may be significantly higher than credit offered by other lenders.

YOUR CANCELLATION RIGHTS UNDER THE PAYDAY LOANS ACT, 2008

If you are provided with the loan and a copy of this agreement that complies with the Act when you enter into the agreement, you may cancel the agreement within two (2) business days of entering into it. For remote payday loan agreements*, you may cancel the agreement within two (2) business days of entering into it if you are provided with the loan within one hour of entering into the agreement and you are provided with a copy of this agreement that complies with the Act when you enter into the agreement. You do not have to give a reason for cancelling the agreement.

If you are not provided with the loan or with a copy of this agreement that complies with the Act when you enter into the agreement, you may cancel the agreement at any time. For remote payday loan agreements, you may cancel the agreement at any time if you are not provided with the loan within one hour of entering into the agreement or if you are not provided with a copy of this agreement that complies with the Act when you enter into the agreement. You do not have to give a reason for cancelling the agreement.

To cancel the agreement, you must provide your notice of cancellation, together with the amount you borrowed, to the business you dealt with to get your loan. If you have made any payments under the loan, the lender must return those payments to you at the earliest reasonable opportunity.

REFUNDS UNDER THE PAYDAY LOANS ACT, 2008

Under certain circumstances, you may demand a refund of a payment you made under a payday loan agreement within one year of having made that payment. Either the licensee has received a payment to which it is not entitled or the licensee has engaged in prohibited conduct of such a serious nature that you are entitled to a refund of the cost of borrowing that you paid. To obtain a refund you must give a notice demanding it to the business that you dealt with to get your payday loan. Your notice must set out your demand for the refund and the reason for it, as well as your name and telephone number. Note that the business has two (2) business days within which to provide the refund to you. You may choose to collect your refund in person or have it mailed to you.

Please contact the Consumer Protection Branch of the Ministry of Small Business and Consumer Services for more information on when you may be entitled to a refund and how to make your demand for a refund. You may contact the Consumer Protection Branch toll free at 1-800-889-9768.


* A remote payday loan agreement is one in which the borrower is not present with the lender or the loan broker when the payday loan agreement is made (e.g. a loan made over the internet or by phone).





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* The cost of borrowing is $21 per $100 borrowed.