77 The Lieutenant Governor in Council may make regulations, 1.  governing any matter or thing that this Act describes as being prescribed, done in accordance with the regulations or provided for in the regulations, other than a matter or thing that this Act describes as being prescribed by the Minister; 2.  specifying payday loan agreements and classes of payday loan agreements to which this Act applies or does not apply; 3.  exempting any person, entity or payday loan or class of persons, entities or payday loans from any provision of this Act or the regulations and attaching conditions to an exemption; 4.  governing the form and content of any notice or document required under this Act; 5.  specifying rules relating to addresses for service under this Act; 6.  authorizing the Director to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purposes of those programs; 7.  providing for any transitional matter necessary for the effective implementation of this Act or the regulations; 8.  defining, for the purposes of this Act and the regulations, any word or expression that is used in this Act but not defined in this Act; 9.  governing applications for a licence or renewal of a licence; 10.  requiring licensees to provide information to the Registrar concerning persons or entities, other than the licensees, in order to assist in determining whether the persons or entities are or may be interested persons or entities for the purposes of section 10; 11.  requiring that any information that licensees are required to provide under this Act be in a form approved by the Director, the Registrar or the Minister, as specified in the regulation; 12.  requiring licensees to provide, on request and in the prescribed circumstances, proof of their licence and prescribing the nature of the proof and the manner in which it is to be provided; 13.  requiring licensees to notify the Registrar in writing of any change in the information that they were required to include in the application for their licence or the renewal of their licence, as applicable, and specifying the time and other conditions for providing the notice; 14.  requiring licensees to provide information to the Registrar that is relevant to the administration of this Act and requiring that the information be verified by affidavit; 15.  authorizing the Registrar to require licensees to provide information to the Registrar about their business, including financial information, within the time and in the manner that the Registrar specifies; 16.  specifying the responsibilities of licensees and governing their activities; Note: On a day to be named by proclamation of the Lieutenant Governor, section 77 of the Act is amended by adding the following paragraph: (See: 2017, c. 5, Sched. 2, s. 25 (1)) 16.1  governing advertising or signage in any medium with respect to a payday loan or a payday loan agreement, including, i.  governing the content and the location of the advertising or signage, ii.  governing the maximum size of advertising or signage, iii.  prohibiting licensees from making advertising or signage that is described in the regulation; 17.  governing the requirements that parties are required to satisfy in order to enter into a payday loan agreement, including, i.  requiring a lender to take into account the prescribed factors with respect to a borrower before entering into the agreement, and ii.  requiring a lender to ask the borrower about the financial matters related to the agreement that are specified in the regulations before entering into the agreement; 17.1  prohibiting a lender from entering into more than the prescribed number of payday loan agreements with the same borrower in a one-year period; 17.2  prohibiting a loan broker from facilitating the making of more than the prescribed number of payday loan agreements between the same borrower and different lenders in a one-year period; 18.  specifying what constitutes and what does not constitute delivery of the advance to the borrower at the time that the parties enter into a payday loan agreement; 19.  prohibiting lenders from entering into a payday loan agreement with a borrower if the amount of the payday loan exceeds the prescribed amounts or the amounts calculated according to the prescribed manner; 20.  governing the rights and obligations of parties to a payday loan agreement that contravenes the regulations made under paragraph 19, including remedies available to them and procedures for exercising those remedies; 21.  governing information, text or terms that a lender is required to include in a payday loan agreement, including requiring that a payday loan agreement contain a form that constitutes the notice of cancellation required by subsection 30 (2) when the borrower fills it out; 22.  governing the form that a lender is required to use for the information, text or terms mentioned in paragraph 21; 22.1  exempting any class of payday loan agreement from section 31 and governing that class of agreement, including, i.  specifying the means of determining the number of instalments in which the advance is to be repaid and in which the cost of borrowing is to be paid, and the times at which they are to be repaid or paid, ii.  specifying the means of determining the amount required for each instalment mentioned in subparagraph i, iii.  governing the proportion of each instalment mentioned in subparagraph i that will constitute repayment of the advance rather than payment of the cost of borrowing, and iv.  specifying the terms that the parties are required to include in that class of agreement; 23.  specifying limits for the purposes of section 32 or specifying a method of setting limits for the purposes of that section; 24.  changing the maximum rate of interest that a lender may charge for the purposes of subsection 32.1 (3). 24.1  changing the maximum fee for the purposes of clause 33 (1) (b). 25.  defining what constitutes an extension of a payday loan agreement for the purposes of section 36; 26.  governing the rights and obligations of parties to a payday loan agreement that is extended in contravention of subsection 36 (1), including remedies available to them and procedures for exercising those remedies; 27.  governing information and statements that a licensee is required to provide to a borrower, including information and statements with respect to, i.  a payday loan or a payday loan agreement, or ii.  payday loan agreements that a borrower has entered into with a lender in the period of time specified in the regulation; 27.1  governing requests that a licensee is required to make to a borrower, including requests in respect of, i.  studies about the needs of borrowers with respect to payday loans or payday loan agreements, or ii.  financial planning for borrowers; 27.2  governing the form that the licensee is required to use for the information, statements and requests mentioned in paragraphs 27 and 27.1; 27.3  governing the manner in which the information and statements mentioned in paragraph 27 are provided to a borrower, and in which requests mentioned in paragraph 27.1 are made to a borrower, including the order in which they are provided or made and the timing of their provision; 28.  requiring that a prescribed person or entity who receives a notice from a borrower under this Act forward the notice to another prescribed person or entity within the prescribed time period and in the prescribed manner; 29.  requiring that licensees maintain business premises that comply with the prescribed requirements; 30.  governing the offices, including the main office and branch offices, that a licence authorizes a licensee to operate; 31.  governing names under which a licensee is authorized to carry on business; 32.  requiring that a licensee display prescribed things at its place of business and governing those things, including specifying the content and manner for displaying the things; 33.  prohibiting licensees from engaging in practices specified in the regulation, in addition to practices in which this Act prohibits them from engaging, and specifying the consequences from engaging in those additional practices; Note: On a day to be named by proclamation of the Lieutenant Governor, section 77 of the Act is amended by adding the following paragraph: (See: 2017, c. 5, Sched. 2, s. 25 (6)) 33.1  prohibiting licensees from offering or providing prescribed goods or services, other than payday loans, to anyone; 33.2  requiring licensees to refer prescribed classes of borrowers to credit counselling or other prescribed services, in the prescribed manner; 34.  respecting financial security requirements for licensees, including requiring them to be insured or to have collateral security; 35.  governing the documents, records and bank accounts that licensees are required to keep, including the manner and location in which they are to be kept and the time periods for retaining them and authorizing the Registrar to specify the location at which they are to be kept; 36.  governing procedures and other matters related to complaints under section 46; 37.  governing inspections and investigations under this Act; 38.  varying the manner in which a notice under subsection 52 (10) or a lien under subsection 58 (3) is registered as a result of technological or electronic changes in the filing of documents in the land registry office.  2008, c. 9, s. 77; 2017, c. 5, Sched. 2, s. 25 (2-4, 5, 7); 2020, c. 18, Sched. 16, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 5, Sched. 2, s. 25 (1, 6) - not in force; 2017, c. 5, Sched. 2, s. 25 (2, 3, 5) - 01/07/2018; 2017, c. 5, Sched. 2, s. 25 (4, 7) - 13/04/2017 2020, c. 18, Sched. 16, s. 4 - 20/08/2020