“lender” means a firm, partnership, single proprietor, relationship or other entity or person who makes a quick payday loan to a debtor or that holds yourself away as accessible to make such that loan; (“preteur”)
“licence” means a licence released under this Act; (“permis”)
“licensee” means somebody who holds a licence released under this Act; (“titulaire”, “titulaire de permis”)
“loan broker” means an organization, partnership, single proprietor, relationship installment loans no credit check or other entity or specific that assists a debtor in acquiring an online payday loan or that holds yourself out as open to offer such support; (“courtier en prets”)
“Minister” means the Minister of national and Consumer Services or whatever other person in the Executive Council to who management with this Act is assigned underneath the Executive Council Act; (“ministre”)
“Ministry” means the ministry associated with the Minister; (“ministere”)
(a) with regards to a company, the seat and any vice-chair of this board of directors, the president and any vice-president, the assistant and associate secretary, the treasurer and treasurer that is assistant the overall manager and associate general manager for the company,
(b) with regards to a partnership, someone or general supervisor and assistant general supervisor associated with the partnership, and
(c) with respect to a business or partnership, every other specific designated being an officer by by-law or quality or every other person whom executes functions generally done by a person occupying such workplace; (“dirigeant”)
“payday loan” means a development of income in return for a post-dated cheque, a pre-authorized debit or the next re re payment of an identical nature although not for almost any guarantee, suretyship, overdraft security or protection on home and never by way of a margin loan, pawnbroking, a personal credit line or credit cards; (“pret sur salaire”)
“payday loan agreement” means an agreement under which a loan provider makes an online payday loan to a debtor; (“convention de pret sur salaire”)
“prescribed” means prescribed because of the laws; (“prescrit”)
“regulations” means the regulations made under this Act; (“reglements”)
“Tribunal” means the Licence Appeal Tribunal established beneath the Licence Appeal Tribunal Act, 1999 or whatever other tribunal is recommended. (“Tribunal”) 2008, c. 9, s. 1 (1).
Associated individuals and entities
(2) For purposes for this Act, anyone or entity is related to someone else or entity in every regarding the following circumstances:
1. One entity or person is a company of that the other individual or entity is an officer or manager.
2. One entity or person is a partnership of that the other individual or entity is just a partner.
3. Both individuals or entities are lovers regarding the partnership that is same.
4. One individual or entity is really a company that is managed straight or indirectly by one other individual or entity.
5. Both individuals or entities are corporations and something business is managed straight or indirectly because of the exact same person or entity whom controls straight or indirectly one other firm.
6. Both people or entities are users of the voting that is same associated with stocks of a firm.
7. Both people or entities are linked inside the meaning of paragraphs 1 to 6 using the person that is same entity. 2008, c. 9, s. 1 (2).
Application of Act
2 (1) susceptible to the laws, this Act is applicable in respect of all of the pay day loans if the borrower, loan provider or loan broker is situated in Ontario if the loan is created or even to be produced. 2008, c. 9, s. 2 (1).
(2) with the exception of part 32, this Act applies with necessary customizations to those loans, aside from pay day loans, which are recommended plus in that situation the recommendations to payday advances in this Act will be read as recommendations to those other loans. 2008, c. 9, s. 2 (2).
3 This Act will not connect with the people, entities or payday advances or classes of people, entities or payday advances being recommended. 2008, c. 9, s. 3.
4 In determining whether this Act pertains to a individual, entity, contract or deal, a court or any other tribunal shall look at the genuine substance of the individual, entity, contract or transaction plus in therefore doing may overlook the form that is outward. 2008, c. 9, s. 4.
5 (1) The Deputy Minister shall appoint someone as Registrar for the purposes for this Act. 2008, c. 9, s. 5 (1).
Powers and duties
(2) The Registrar may work out the abilities and shall perform the duties conferred regarding the Registrar under this Act. 2008, c. 9, s. 5 (2); 2009, c. 33, Sched. 10, s. 12.
Part Amendments with date in effect (d/m/y)
PART II Licences
Need for licence
6 (1) No entity or person shall work as a lender unless the individual or entity,
(a) is licensed as a lender and, susceptible to area 17, has gotten notice on paper through the Registrar for the licence; or
(b) is viewed as to be certified under part 18. 2008, c. 9, s. 6 (1).
Exact Same, loan broker