“investigator” means an detective appointed under subsection 48 (1); (“enqueteur”)
“lender” means a firm, partnership, single proprietor, relationship or other entity or man or woman who makes an online payday loan to a debtor or that holds yourself away as offered to make such that loan; (“preteur”)
“licence” means a licence released under this Act; (“permis”)
“licensee” means somebody who holds a licence given under this Act; (“titulaire”, “titulaire de permis”)
“loan broker” means a business, partnership, single proprietor, relationship or any other entity or individual that assists a debtor in acquiring a quick payday loan or that holds yourself out as accessible to provide such support; (“courtier en” that is 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 beneath the Executive Council Act; (“ministre”)
“Ministry” means the ministry associated with the Minister; (“ministere”)
(a) with regards to an organization, the seat and any vice-chair associated with board of directors, the president and any vice-president, the assistant and associate secretary, the treasurer and treasurer that is assistant the typical supervisor and associate general supervisor of this organization,
(b) pertaining to a partnership, somebody or basic supervisor and associate general supervisor for the partnership, and
(c) with regards to a business or partnership, every other specific designated being an officer by by-law or quality or every other person whom works functions ordinarily done by a person occupying office that is such (“dirigeant”)
“payday loan” means a development of cash in trade for a post-dated cheque, a pre-authorized debit or the next re payment of an equivalent nature yet not for just about any guarantee, suretyship, overdraft security or protection on home rather than through a margin loan, pawnbroking, a credit line or credit cards; (“pret sur salaire”)
“payday loan agreement” means an agreement under which a loan provider makes a quick payday loan to a debtor; (“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 people and entities
(2) For purposes of the Act, one individual or entity is related to someone else or entity in every for the circumstances that are following
1. One entity or person is a organization of that the other individual or entity is an officer or manager.
2. One entity or person is really a partnership of that your other individual or entity is just a partner.
3. Both individuals or entities are lovers regarding the exact same partnership.
4. One entity or person is really a company this is certainly managed directly or indirectly by the other individual or entity.
5. Both individuals or entities are corporations plus one organization is controlled straight or indirectly because of the person that is same entity whom controls straight or indirectly one other organization.
6. Both individuals or entities are people of the voting that is same associated with stocks of the business.
7. Both individuals or entities are linked inside the concept of paragraphs 1 to 6 using the person that is same entity. 2008, c. 9, s. 1 (2).
Application of Act
2 (1) at the mercy of the laws, this Act is applicable in respect of most pay day loans if the debtor, loan provider or try this out loan broker is found in Ontario if the loan is created or even be manufactured. 2008, c. 9, s. 2 (1).
(2) aside from area 32, this Act is applicable with necessary improvements to those loans, apart from pay day loans, which can be 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 individuals, entities or payday advances or classes of people, entities or payday advances that are recommended. 2008, c. 9, s. 3.
4 In determining whether this Act relates to a individual, entity, agreement or deal, a court or other tribunal shall look at the genuine substance of the individual, entity, contract or transaction as well as in therefore doing may overlook the outward type. 2008, c. 9, s. 4.
5 (1) The Deputy Minister shall appoint an individual as Registrar when it comes to purposes of the Act. 2008, c. 9, s. 5 (1).
Powers and duties
(2) The Registrar may exercise 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)
ROLE II Licences
Dependence on licence
6 (1) No individual or entity shall work 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 associated with licence; or
(b) is viewed as become licensed under area 18. 2008, c. 9, s. 6 (1).
Exact Same, loan broker