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ontario regulation 96/09

made under the

consumer protection act, 2002

Made: March 4, 2009
Filed: March 13, 2009
Published on e-Laws: March 16, 2009
Printed in The Ontario Gazette: March 28, 2009


Amending O. Reg. 17/05

(General)

1. Section 9 of Ontario Regulation 17/05 is amended by adding the following subsection:

(3) Sections 21 to 47 of the Act do not apply to a payday loan agreement as defined in subsection 1 (1) of the Payday Loans Act, 2008.

2. The definition of “payday credit agreement” in section 53 of the Regulation is revoked.

3. (1) Paragraph 5 of subsection 54 (1) of the Regulation is amended by striking out “In the case of a credit agreement that is not a payday credit agreement” in the portion before subparagraph i.

(2) Paragraph 6 of subsection 54 (1) of the Regulation is amended by striking out “In the case of a credit agreement that is not a payday credit agreement” in the portion before subparagraph i.

4. Subsection 55 (3) of the Regulation is revoked and the following substituted:

(3) In calculating the annual percentage rate for a credit agreement, a year shall be considered to have 365 days.

5. Section 56 of the Regulation is amended by adding the following subsection:

(0.1) For the purpose of the definition of “cost of borrowing” in section 66 of the Act, the following amounts are prescribed as included in the cost of borrowing with respect to a credit agreement as defined in that section:

1. Any amount payable by the borrower, upon entering into the agreement, to process a payment provided by the borrower under the agreement.

2. Any other amount payable by the borrower, upon entering into the agreement, in connection with the agreement.

6. Section 61.1 of the Regulation is revoked.

7. Section 62.1 of the Regulation is revoked.

8. Subsection 72 (2) of the Regulation is revoked and the following substituted:

(2) In calculating the annual percentage rate for a lease, a year shall be considered to have 365 days.

9. Section 86 of the Regulation is amended by adding the following paragraph:

3. If the material made available under paragraph 1 is information in respect of a charge described in section 88 and if the person charged is no longer charged and has not been found guilty of the charge, then paragraph 2 does not apply to the material and the Director shall immediately cease to make the material available.

10. (1) Section 88 of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

Charges laid

88. For the purpose of paragraph 4 of subsection 103 (2) of the Act, the following information is prescribed in respect of each person who is currently charged with a charge that has been laid, on or after the day this section comes into force, under section 116 of the Act or under the Athletics Control Act, the Bailiffs Act, the Cemeteries Act (Revised), the Collection Agencies Act, the Consumer Reporting Act, the Film Classification Act, 2005 or the Payday Loans Act, 2008 or who has been found guilty of such a charge:

. . . . .

(2) Subparagraph 4 iii of section 88 of the Regulation is revoked and the following substituted:

iii. if the person is found guilty of the charge, a description of the disposition of the charge, including any sentence that was imposed and any order to pay compensation or make restitution that was made.

11. Section 89 of the Regulation is amended by striking out “or the Theatres Act” in the portion before paragraph 1 and substituting “the Film Classification Act, 2005 or the Payday Loans Act, 2008”.

12. (1) Subsection 90 (1) of the Regulation is amended by striking out “or the Theatres Act” in the portion before paragraph 1 and substituting “or the Payday Loans Act, 2008”.

(2) Paragraph 2 of subsection 90 (2) of the Regulation is revoked and the following substituted:

2. Either,

i. the complainant’s total potential payment obligation under the consumer transaction to which the complaint relates, excluding the cost of borrowing, exceeds $100 if the transaction is not governed by the Payday Loans Act, 2008, or

ii. the amount of the advance under a payday loan agreement, as defined in subsection 1 (1) of the Payday Loans Act, 2008, to which the complaint relates exceeds $100.

13. This Regulation comes into force on the later of the day section 79 of the Payday Loans Act, 2008 comes into force and the day this Regulation is filed.

 

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