“investigator” means an detective appointed under subsection 48 (1); (“enqueteur”)
“lender” means a business, partnership, single proprietor, association or any other entity or person who makes an online payday loan to a debtor or that holds yourself away as open to make such that loan; (“preteur”)
“licence” means a licence granted under this Act; (“permis”)
“licensee” means somebody who holds a licence given under this Act; (“titulaire”, “titulaire de permis”)
“loan broker” means a organization, partnership, single proprietor, relationship or any other entity or specific that assists a debtor in acquiring an online payday loan or that holds yourself out as offered to provide such help; (“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 Minister; (“ministere”)
(a) with regards to a business, the seat and any vice-chair associated with board of directors, the president and any vice-president, the assistant and assistant secretary, the treasurer and treasurer that is assistant the typical supervisor and associate general manager associated with the firm,
(b) with regards to a partnership, somebody or manager that is general associate general supervisor of this partnership, and
(c) with regards to a business or partnership, every other specific designated as an officer by by-law or quality or some other person whom works functions usually performed by a person occupying such workplace; (“dirigeant”)
“payday loan” means a development of cash in change for the post-dated cheque, a pre-authorized debit or the next re re payment of an identical nature yet not for almost any guarantee, suretyship, overdraft security or safety on home rather than through a margin loan, pawnbroking, a credit line or a charge card; (“pret sur salaire”)
“payday loan agreement” means an agreement under which a loan provider makes an online payday loan to a borrower; (“convention de pret sur salaire”)
“prescribed” means prescribed by the laws; (“prescrit”)
“regulations” means the laws 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 of the Act, one individual or entity is related to someone or entity in virtually any of this following circumstances:
1. One entity or person is really a company of that the other individual or entity is an officer or manager.
2. One entity or person is a partnership of that your 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 an organization that is managed straight or indirectly by the other individual or entity.
5. Both people or entities are corporations plus one firm is managed straight or indirectly by the person that is same entity whom controls straight or indirectly one other company.
6. Both individuals or entities are people in the voting that is same associated with stocks of the company.
7. Both people or entities are linked in the meaning of paragraphs 1 to 6 aided by the person that is same entity. 2008, c. 9, s. 1 (2).
Application of Act
2 (1) susceptible to the regulations, this Act is applicable in respect of all of the loans that are payday the debtor, loan provider or loan broker is situated in Ontario if the loan is created or even be produced. 2008, c. 9, s. 2 (1).
(2) aside from area 32, this Act is applicable with necessary changes to those loans, except that pay day loans, which are recommended plus in that instance the recommendations to payday advances in this Act will probably be read as sources to those other loans. 2008, c. 9, s. 2 (2).
3 This Act doesn’t 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 person, entity, contract or deal, a court or any other tribunal shall look at the genuine substance of the individual, entity, contract or deal as well as in therefore doing may overlook the outward kind. 2008, c. 9, s. 4.
5 (1) The Deputy Minister shall appoint an individual as Registrar for the purposes of the Act. 2008, c. 9, s. 5 (1).
Powers and duties
(2) The Registrar may work out the capabilities and shall perform the duties conferred in the Registrar under this Act. 2008, c. 9, s. 5 (2); 2009, c. 33, Sched. 10, s. 12.
Area Amendments with date in force (d/m/y)
ROLE II Licences
Need for licence
6 (1) No entity or person shall behave as a loan provider unless the individual or entity,
(a) is licensed as being a loan provider and, susceptible to part 17, has gotten notice on paper through the Registrar of this licence; or
(b) installment loans no credit check is regarded as become licensed under part 18. 2008, c. 9, s. 6 (1).
Exact exact Same, loan broker