GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cost of Borrowing (Foreign Insurance Companies) Regulations — 23
23 These Regulations apply to the renewal or ongoing administration of a credit agreement that was entered into before these Regulations came into force.
Cost of Borrowing (Foreign Insurance Companies) Regulations — 25
25 These Regulations come into force on September 1, 2001.
Cost of Borrowing (Trust and Loan Companies) Regulations — a
Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 435 to 443 a and 531 b of the Trust and Loan Companies Act c , hereby makes the annexed Cost of Borrowing (Trust and Loan Companies) Regulations . a S.C. 1997, c. 15, ss. 379 to 384 b S.C. 1997, c. 15, s. 408 c S.C. 1991, c. 45
Cost of Borrowing (Trust and Loan Companies) Regulations — 1
1 The definitions in this section apply in these Regulations. Act means the Trust and Loan Companies Act . ( Loi ) APR means the cost of borrowing for a loan under a credit agreement expressed as an annual rate on the principal referred to in subsection 3(1). ( TAC ) borrower includes a person to whom a loan is proposed to be made and a holder, or an applicant to become a holder, of a credit card. ( emprunteur ) credit agreement includes an agreement for a line of credit, a credit card or any kind of loan. ( convention de crédit ) disbursement charge means a charge, other than one referred to in subsection 5(1), to recover an expense incurred by a company to arrange, document, insure or secure a credit agreement. It includes a charge referred to in paragraphs 5(2)(c) and (f) to (h). ( frais de débours ) hypothec means a hypothec on immovable property. ( hypothèque ) principal means the amount borrowed under a credit agreement but does not include any cost of borrowing. ( capital ) public index means an interest rate, or a variable base rate for an interest rate, that is published at least weekly in a newspaper or magazine of general circulation, or in some media of general circulation or distribution, in areas where borrowers whose credit agreements are governed by that interest rate reside. ( indice publié )
Cost of Borrowing (Trust and Loan Companies) Regulations — Cost of Borrowing (Trust and Loan Companies) Regulations
Act means the Trust and Loan Companies Act . ( Loi )
Cost of Borrowing (Trust and Loan Companies) Regulations — Cost of Borrowing (Trust and Loan Companies) Regulations
APR means the cost of borrowing for a loan under a credit agreement expressed as an annual rate on the principal referred to in subsection 3(1). ( TAC )
Cost of Borrowing (Trust and Loan Companies) Regulations — Cost of Borrowing (Trust and Loan Companies) Regulations
borrower includes a person to whom a loan is proposed to be made and a holder, or an applicant to become a holder, of a credit card. ( emprunteur )
Cost of Borrowing (Trust and Loan Companies) Regulations — Cost of Borrowing (Trust and Loan Companies) Regulations
credit agreement includes an agreement for a line of credit, a credit card or any kind of loan. ( convention de crédit )
Cost of Borrowing (Trust and Loan Companies) Regulations — Cost of Borrowing (Trust and Loan Companies) Regulations
disbursement charge means a charge, other than one referred to in subsection 5(1), to recover an expense incurred by a company to arrange, document, insure or secure a credit agreement. It includes a charge referred to in paragraphs 5(2)(c) and (f) to (h). ( frais de débours )
Cost of Borrowing (Trust and Loan Companies) Regulations — Cost of Borrowing (Trust and Loan Companies) Regulations
hypothec means a hypothec on immovable property. ( hypothèque )
Cost of Borrowing (Trust and Loan Companies) Regulations — Cost of Borrowing (Trust and Loan Companies) Regulations
principal means the amount borrowed under a credit agreement but does not include any cost of borrowing. ( capital )
Cost of Borrowing (Trust and Loan Companies) Regulations — Cost of Borrowing (Trust and Loan Companies) Regulations
public index means an interest rate, or a variable base rate for an interest rate, that is published at least weekly in a newspaper or magazine of general circulation, or in some media of general circulation or distribution, in areas where borrowers whose credit agreements are governed by that interest rate reside. ( indice publié )
Cost of Borrowing (Trust and Loan Companies) Regulations — 2
2 These Regulations apply to credit agreements, other than a credit agreement entered into (a) for business purposes of a borrower; (b) with a borrower that is not a natural person; (c) under the terms of the Canada Student Loans Act ; or (d) under the terms of any Act of Parliament or of the legislature of a province that relates to student loans and that requires the rate of interest or the discount that may apply to the borrower to be disclosed to the borrower. SOR/2009-260, s. 1
Cost of Borrowing (Trust and Loan Companies) Regulations — 3
3 (1) For the purpose of section 437 of the Act, the cost of borrowing for a loan under a credit agreement, other than a loan obtained through the use of a credit card or line of credit, is to be expressed as an annual rate on the principal, as follows: APR = (C/ (TxP) ) x 100 where APR is the annual percentage rate cost of borrowing: C is an amount that represents the cost of borrowing within the meaning of section 5 over the term of the loan; P is the average of the principal of the loan outstanding at the end of each period for the calculation of interest under the credit agreement, before subtracting any payment that is due at that time; and T is the term of the loan in years, expressed to at least two decimal points of significance. (2) For the purpose of the APR calculation under subsection (1), (a) the APR may be rounded off to the nearest eighth of a per cent; (b) each instalment payment made on a loan must be applied first to the accumulated cost of borrowing and then to the outstanding principal; (c) a period of (i) one month is 1/12 of a year, (ii) one week is 1/52 of a year, and (iii) one day is 1/365 of a year; (d) if the annual interest rate underlying the calculation is variable over the period of the loan, it must be set as the annual interest rate that applies on the day that the calculation is made; (e) if there are no instalment payments under a credit agreement, then the APR must be calculated on the basis that the outstanding principal is to be repaid in one lump sum at the end of the term of the loan; and (f) a credit agreement for an amount that comprises, in whole or in part, an outstanding balance from a prior credit agreement is a new credit agreement for the purpose of the calculation. (3) For the purpose of section 437 of the Act, the cost of borrowing for a loan obtained under a credit card agreement or line of credit is to be expressed as an annual rate, as follows: (a) if the loan has a fixed annual interest rate, that annual interest rate; or (b) if the loan has a variable interest rate, the annual interest rate that applies on the date of the disclosure.
Cost of Borrowing (Trust and Loan Companies) Regulations — 4
4 The APR for a credit agreement is the annual interest rate if there is no cost of borrowing other than interest.
Cost of Borrowing (Trust and Loan Companies) Regulations — 5
5 (1) Subject to subsection (2), the cost of borrowing for a loan under a credit agreement, other than an agreement for a credit card or line of credit, consists of all the costs of borrowing under the loan over its term, in particular the interest or discount that applies to the loan in accordance with paragraph 435(a) of the Act, and includes the following charges: (a) administrative charges, including charges for services, transactions or any other activity in relation to the loan; (b) charges for the services, or disbursements, of a lawyer or notary that a company required the borrower to retain; (c) insurance charges other than those excluded under paragraphs (2)(a), (f) and (h); (d) charges for a broker, if the broker’s fees are included in the amount borrowed and are paid directly by the company to the broker; and (e) charges for appraisal, inspection or surveying services, other than those mentioned in paragraph (2)(g), related to property that is security for a loan, if those services are required by the company. (2) The cost of borrowing for a loan does not include (a) charges for insurance on the loan if (i) the insurance is optional, or (ii) the borrower is its beneficiary and the amount insured reflects the value of an asset that is security for the loan; (b) charges for an overdraft; (c) fees paid to register documents or obtain information from a public registry about security interests related to property given as security; (d) penalty charges for the prepayment of a loan; (e) charges for the services, or disbursements, of a lawyer or notary, other than those mentioned in paragraph (1)(b); (f) charges for insurance against defects in title to real or immovable property, if the insurance is paid for directly by the borrower; (g) charges for appraisal, inspection or surveying services provided directly to the borrower in relation to property that is security for a loan; (h) charges for insurance against default on a high-ratio mortgage or hypothec; (i) fees to maintain a tax account that are (i) required for a mortgage or hypothec referred to in paragraph (h), or (ii) optional; (j) any fee to discharge a security interest; or (k) default charges.
Cost of Borrowing (Trust and Loan Companies) Regulations — 6
6 (1) For the purpose of subsection 436(1) of the Act, a company that grants credit must, in writing, provide the borrower with a disclosure statement that provides the information required by these Regulations to be disclosed. (2) A disclosure statement may be a separate document or may be part of a credit agreement or an application for a credit agreement. (2.1) For a disclosure statement that is part of a credit agreement in respect of a loan, a line of credit or a credit card or an application for a credit card, (a) the disclosure statement must be presented in a consolidated manner in a single location in that agreement or application; and (b) the applicable information box, as set out in one of Schedules 1 to 5, containing the information referred to in that Schedule, must be presented at the beginning of the agreement or application. (2.2) For a disclosure statement that is separate from the credit agreement or the application, (a) the disclosure statement must be provided before entering into the agreement or together with the agreement or the application; and (b) the applicable information box, as set out in one of Schedules 1 to 5, containing the information referred to in that Schedule, must be presented at the beginning of the disclosure statement. (2.3) Numbers that are set out in the information box, including numbers that refer to an interest rate, a time period, a date or a dollar amount, are not required to be repeated in the disclosure statement but may instead be referenced in it. (2.4) In order to maximize its legibility, the information in the information box must be presented with (a) text in an easily readable font style and font size of at least (i) 12 points, with bold font for titles and numbers, including numbers that refer to an interest rate, a time period, a date or a dollar amount, and (ii) 10 points for any other text; (b) standard spacing between words and characters, such that the text does not appear to be in a font smaller than a 10-point font; (c) margins above, below and to either side of the text so that white space is provided around the text and the text is clearly visible; and (d) dark text on a light background in order to maximize the contrast so that the text is clearly visible. (3) Information disclosed in a disclosure statement may be based on an assumption or estimate if the assumption or estimate is reasonable and the information disclosed by it (a) cannot be known by the company when it makes the statement; and (b) is identified to the borrower as an assumption or estimate. (4) Any disclosure that is required to be made by a company under these Regulations must be made in language, and presented in a manner, that is clear, simple and not misleading. (5) [Repealed, SOR/2009-260, s. 2] (6) A disclosure statement that is sent to the borrower by mail is considered to be provided to the borrower on the fifth business day after the postmark date. SOR/2009-260, s. 2; SOR/2014-273, s. 39(F) SOR/2020-47, s. 36
Cost of Borrowing (Trust and Loan Companies) Regulations — 6.1
6.1 (1) Subject to subsections (2) and (3), if a company enters into a credit agreement with two or more borrowers, it must provide the disclosure statement referred to in subsection 6(1) to all of the borrowers. (2) If all of the borrowers have consented, orally or in writing, in paper or electronic form, to the provision of the disclosure statement to one of the borrowers on their behalf, the company must provide the statement to that borrower. (3) If two or more but not all of the borrowers have consented, orally or in writing, in paper or electronic form, to the provision of the disclosure statement on their behalf to one of the consenting borrowers, the company may provide the statement to that borrower on their behalf, if it also provides the statement to every borrower that has not so consented. (4) If the consent referred to in subsection (2) or (3) is given orally by a borrower, the company must provide confirmation of that consent to the borrower in writing, in paper or electronic form. SOR/2009-260, s. 3 SOR/2020-47, s. 37
Cost of Borrowing (Trust and Loan Companies) Regulations — 7
7 (1) A company that proposes to enter into a credit agreement with a borrower must provide the borrower with the initial disclosure statement required by these Regulations on or before the earlier of the making of a payment, other than a disbursement charge, in relation to the credit agreement by the borrower and (a) two clear business days before the entering into the credit agreement by the borrower and the company, in the case of a credit agreement for a mortgage or hypothec; or (b) the entering into the credit agreement by the borrower and the company, in any other case. (2) Paragraph (1)(a) does not apply if (a) the borrower consents to being provided with the initial disclosure statement for the credit agreement in accordance with paragraph (1)(b); (b) the borrower obtains independent legal advice; (c) a rescission period of at least two clear business days is provided in the credit agreement; or (d) favourable terms that reduce the cost of borrowing are provided in the credit agreement. SOR/2009-260, s. 4; SOR/2014-273, s. 40(F); SOR/2016-142, s. 16 SOR/2020-47, s. 38
Cost of Borrowing (Trust and Loan Companies) Regulations — 8
8 (1) A company that enters into a credit agreement for a loan for a fixed interest rate for a fixed amount, to be repaid on a fixed future date or by instalment payments, must provide the borrower with an initial disclosure statement that includes the following information: (a) the principal amount of the loan; (b) the amount of the advance, or any advances, of the principal and when it is, or they are, to be made; (c) the total amount of all payments; (d) the cost of borrowing over the term of the loan, expressed as an amount; (e) the term of the loan, and the period of amortization if different from the term; (f) the annual interest rate and the circumstances under which it is compounded, if any; (g) the APR, when it differs from the annual interest rate; (h) the date on and after which interest is charged and information concerning any period during which interest does not accrue; (i) the amount of each payment and when it is due; (j) the fact that each payment made on a loan must be applied first to the accumulated cost of borrowing and then to the outstanding principal; (k) information about any optional service in relation to the credit agreement that the borrower accepts, the charges for each optional service and the conditions under which the borrower may cancel the service if that information is not disclosed in a separate statement before the optional service is provided; (l) the disclosure required by paragraph 438(1)(a) of the Act, including a description of any components that comprise a formula to calculate a rebate, charge or penalty in the event that the borrower exercises the right to repay the amount borrowed before the maturity of the loan and, if section 17 applies, the formula set out in subsection 17(4); (m) the disclosure required by paragraph 438(1)(b) of the Act, including default charges that may be imposed under section 18; (n) the property, if any, over which the company takes a security interest under the credit agreement; (o) any charge for a broker, if the broker’s fees are included in the amount borrowed and are paid directly by the company to the broker; (p) the existence of a fee to discharge a security interest and the amount of the fee on the day that the statement was provided; and (q) the nature and amount of any other charge, other than interest charges; (2) If the missing of a scheduled instalment payment or the imposition of a default charge for a missed scheduled instalment payment increases the outstanding balance of a loan referred to in subsection (1) with the result that each subsequently scheduled instalment payment does not cover the interest accrued during the period for which it was scheduled, the company must, at most 30 days after the missed payment or the imposition of the default charge, provide the borrower with a subsequent disclosure statement that describes the situation and its consequences.
Cost of Borrowing (Trust and Loan Companies) Regulations — 9
9 (1) A company that enters into a credit agreement for a loan with a variable interest rate for a fixed amount, to be repaid on a fixed future date or by instalment payments, must provide an initial disclosure statement that includes the following information in addition to that required by section 8: (a) the annual rate of interest that applies on the date of the disclosure; (b) the method for determining the annual interest rate and when that determination is made; (c) the amount of each payment based on the annual interest rate that applies on the date of the disclosure and the dates when those payments are due; (d) the total amount of all payments and of the cost of borrowing based on that annual interest rate; (e) if the loan is to be paid by instalment payments and the amount to be paid is not adjusted automatically to reflect changes in the annual interest rate that apply to each instalment payment, (i) the triggering annual interest rate above which the amount paid under a scheduled instalment payment on the initial principal does not cover the interest due on the instalment payment, and (ii) the fact that negative amortization is possible; and (f) if the loan does not have regularly scheduled payments, (i) the conditions that must occur for the entire outstanding balance, or part of it, to become due, or (ii) which provisions of the credit agreement set out those conditions. (2) If the variable interest rate for the loan is determined by adding or subtracting a fixed percentage rate of interest to or from a public index that is a variable rate, the company must, at least once every 12 months, provide the borrower with a subsequent disclosure statement that contains the following information: (a) the annual interest rate at the beginning and end of the period covered by the disclosure; (b) the outstanding balance at the beginning and end of the period covered by the disclosure; and (c) the amount of each instalment payment due under a payment schedule and the time when each payment is due, based on the annual interest rate that applies at the end of the period covered by the disclosure. (3) If the variable interest rate for the loan is determined by a method other than that referred to in subsection (2), the company must, at most 30 days after increasing the annual interest rate by more than 1% above the most recently disclosed rate, provide the borrower with a subsequent disclosure statement that contains the following information: (a) the new annual interest rate and the date on which it takes effect; and (b) the amount of each instalment payment and the time when each payment is due, for payments that are affected by the new annual interest rate.
Cost of Borrowing (Trust and Loan Companies) Regulations — 11
11 (1) A company that issues credit cards and that distributes an application form for credit cards must specify the following information in the form or in a document accompanying it, including the date on which each of the matters mentioned takes effect: (a) in the case of a credit card with a (i) fixed rate of interest, the annual interest rate, or (ii) variable interest rate that is determined by adding or subtracting a fixed percentage rate of interest to or from a public index, the public index and the fixed percentage rate to be added or subtracted from it; (b) the day on and after which interest accrues and information concerning any grace period that applies; and (c) the amount of any non-interest charges. (2) If the information box set out in Schedule 4, containing the information required by paragraph 6(2.1)(b) or (2.2)(b), as applicable, is included in an application form for a credit card or accompanies that application form, the company is considered to have met the requirements of subsection (1). (3) If an applicant for a credit card applies by telephone or any electronic means, the company must disclose to them the information required by paragraphs (1)(a) to (c) at the time of the application. (4) If a company that issues credit cards solicits applications for them in person, by mail, by telephone or by any electronic means, the information required by paragraphs (1)(a) and (c) must be disclosed at the time of the solicitation. SOR/2009-260, s. 6; SOR/2014-273, s. 41(F)