Subsection (1)
ceases to
apply
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(2) Subsection (1) ceases to apply in respect
of a person
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375. (1) Paragraph 410(1)(b) of the Act is
replaced by the following:
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(2) Subsection 410(1) of the Act is
amended by adding the following after
paragraph (c):
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(3) Subsection 410(1) of the Act is
amended by adding the following after
paragraph (d):
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(4) Paragraphs 410(3)(a) and (b) of the
Act are replaced by the following:
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376. Subsection 414(2) of the Act is
replaced by the following:
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Exception
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(2) Paragraph (1)(a) does not apply where
the person on whose behalf the company has
undertaken to guarantee a payment or
repayment is a subsidiary of the company.
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377. Subsection 418(2) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (b), by adding the
word ``or'' at the end of paragraph (c) and
by adding the following after paragraph
(c):
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378. Section 431 of the Act is replaced by
the following:
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Disclosure
required on
opening a
deposit
account
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431. (1) Subject to subsection (2), a
company shall not open a deposit account in
the name of a customer unless, at the time the
account is opened, the company provides the
individual who requests the opening of the
account with
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Exception
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(2) Where a deposit account is not a
personal deposit account and the amount of a
charge applicable to the account cannot be
established at the time the account is opened,
the company shall, as soon as is practicable
after the amount is established, provide the
customer in whose name the account is kept
with a notice of the amount of the charge.
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Manner of
providing
information
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(3) The agreement or information to be
provided under subsection (1) or (2) shall be
provided in writing or in such manner as may
be prescribed.
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Information
can be
obtained in
writing
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(4) Whether or not the manner of providing
the agreement or information is prescribed
under subsection (3), the manner of providing
the agreement or information to the individual
shall be to provide it in writing if, at the time
the account is opened, the individual requests
the company to provide it in writing.
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Individual to
be informed
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(5) At the time the account is opened, the
company shall inform the individual that the
agreement and the information will be
provided in writing at the individual's
request.
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379. Sections 435 and 436 of the Act are
replaced by the following:
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Definition of
``cost of
borrowing''
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435. For the purposes of this section and
sections 435.1 to 442, ``cost of borrowing''
means, in respect of a loan made by a
company,
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For those purposes, however, ``cost of
borrowing'' does not include prescribed
charges.
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Rebate of
borrowing
costs
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435.1 (1) Where a company makes a loan in
respect of which the disclosure requirements
of section 436 apply and the loan is not
secured by a mortgage on real property and is
required to be repaid either on a fixed future
date or by instalments, the company shall, if
there is a prepayment of the loan, rebate to the
borrower a portion of the charges included in
the cost of borrowing in respect of the loan.
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Exception
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(2) The charges to be rebated do not include
the interest or discount applicable to the loan.
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Regulations
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(3) The Governor in Council may make
regulations governing the rebate of charges
under subsection (1). The rebate shall be made
in accordance with those regulations.
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Disclosing
borrowing
costs
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436. (1) A company shall not make a loan
to a natural person that is repayable in Canada
unless the cost of borrowing, as calculated and
expressed in accordance with section 437, and
other prescribed information have in the
prescribed manner and at the prescribed time
been disclosed by the company to the
borrower.
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Non-appli- cation
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(2) Subsection (1) does not apply in respect
of a loan that is of a prescribed class of loans .
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380. (1) Subparagraph 438(1)(a)(i) of the
Act is replaced by the following:
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(2) Subsection 438(1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (a) and by adding the
following after paragraph (b):
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(3) Subsection 438(2) of the Act is
replaced by the following:
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Disclosure re
charge cards
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(2) Where a company makes a loan to a
natural person through the use of a credit,
payment or charge card, the company shall, in
addition to disclosing the costs of borrowing
and any charges or penalties described in
paragraph (1)(b), disclose to the person, in
accordance with the regulations,
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Additional
disclosure re
other loans
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(3) Where a company under any
arrangement, including a line of credit, makes
a loan in respect of which the disclosure
requirements of section 436 apply and the loan
is not a loan in respect of which subsection (1)
or (2) applies, the company shall, in addition
to disclosing the costs of borrowing, disclose
to the person to whom the loan is made, in
accordance with the regulations,
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381. Sections 439 and 440 of the Act are
replaced by the following:
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Renewal
statement
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438.1 If a company makes a loan in respect
of which the disclosure requirements of
section 436 apply and the loan is secured by a
mortgage on real property, the company shall
disclose to the borrower, at such time and in
such manner as may be prescribed, such
information as may be prescribed respecting
the renewal of the loan.
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Disclosure in
advertising
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439. No person shall authorize the
publication, issue or appearance of any
advertisement in Canada relating to loans
offered to natural persons by a company and
purporting to disclose any information about
the cost of borrowing or other prescribed
information unless the advertisement
contains prescribed information in such form
and manner as may be prescribed.
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Regulations re
borrowing
costs
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440. The Governor in Council may make
regulations
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382. Paragraph 441(1)(a) of the Act is
replaced by the following:
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383. Subsection 442(1) of the Act is
replaced by the following:
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Contacting
Superinten- dent
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442. (1) If a customer of a company has a
complaint about a deposit account, an
arrangement referred to in subsection 438(3),
a payment, credit or charge card or the
disclosure of or manner of calculating the cost
of borrowing in respect of a loan, the company
shall, in the prescribed manner, provide the
customer with prescribed information on how
to contact the Office of the Superintendent of
Financial Institutions.
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384. Paragraph 443(3)(b) of the Act is
replaced by the following:
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385. Section 444 of the Act is replaced by
the following:
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Regulations re
customer
information
|
444. The Governor in Council may make
regulations
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