Refund of illegal payments
 24. (1) The person or entity prescribed for the purposes of subsection 44 (1) of the Act is, (a)  the lender in respect of the payday loan to which the refund relates, if no loan broker has assisted the borrower in obtaining the loan; or (b)  the loan broker who assisted the borrower in obtaining the payday loan to which the refund relates.  O. Reg. 98/09, s. 24 (1). (2) A notice demanding a refund described in subsection 44 (1) of the Act shall include, (a)  the name of the borrower; (b)  a telephone number, if any, at which the borrower may be contacted; (c)  a statement that the borrower demands a refund; (d)  the grounds on which the borrower demands the refund; and (e)  a statement of the amount of the charge, if any, of which the borrower demands recovery if the charge is a charge levied against the borrower as described in subsection 31 (1).  O. Reg. 98/09, s. 24 (2). (3) If the borrower gives a notice demanding a refund under subsection 44 (1) of the Act in a form that is not in writing, the recipient of the notice shall make a written record of, (a)  the date and time that the recipient received the notice; (b)  the contents that subsection (2) requires to be included in the notice; and (c)  the address, if any, that the borrower provided.  O. Reg. 98/09, s. 24 (3). (4) A loan broker who, under clause (1) (b), receives a notice demanding a refund under subsection 44 (1) of the Act shall immediately forward the notice to the lender in respect of the payday loan to which the refund relates.  O. Reg. 98/09, s. 24 (4). (5) If the borrower gives a notice demanding a refund under subsection 44 (1) of the Act, the lender shall ensure that the refund is paid to the borrower and, subject to subsection (7), shall ensure that it is sent by regular mail to the address of the borrower mentioned in subsection (6) by the end of, (a)  the second day after the time that the recipient of the notice receives the notice, if the recipient is open for business on that day; or (b)  the next day that the recipient of the notice is open for business following the second day described in clause (a), if the recipient is not open for business on that second day.  O. Reg. 98/09, s. 24 (5). (6) For the purposes of subsection (5), the address of the borrower shall be, (a)  the address that the borrower specifies when the borrower gives the notice demanding the refund; or (b)  the address, if any, of the borrower set out in the payday loan agreement, if the borrower does not specify an address under clause (a).  O. Reg. 98/09, s. 24 (6). (7) The lender shall ensure that the refund is available for the borrower to collect in person, by the end of the time period described in subsection (5), from the recipient of the borrower’s notice demanding the refund if, (a)  there is no address for the borrower set out in the payday loan agreement, if any, relating to the payday loan and the borrower does not specify an address when giving the notice; or (b)  the borrower indicates in the notice that the borrower intends to collect the refund in person.  O. Reg. 98/09, s. 24 (7). (8) If a loan broker assisted the borrower in obtaining the payday loan, the loan broker shall facilitate compliance with subsections (5) and (7).  O. Reg. 98/09, s. 24 (8).