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(e)cash card means a card or other device, other than a charge card, that may be employed to receive cash or purchase products or services issued by a payday lender to a borrower of a payday advance instead of advancing cash or transferring money to the debtor,,(f)replicate loan usually means a payday advance loan awarded to a debtor 24 hours or less once they repay a prior payday loan granted to them.,Application of Consumer Protection Act Regulations to payday lenders,3The Client Protection Act Regulations apply to payday lenders, but for the following provisions of those regulations:,4An agent of a creditor who is accountable for dealing with borrowers and potential borrowers on behalf of a payday lender must comply with all the provisions of the Act and the regulations made under the Act which apply to cash lenders, except an agent of a creditor is not required to hold a license under Section 18E of their Act.,5(1)An applicant for a license for a payday lender must submit each of the following with their application for a license:,(a)for each loan option provided by the cash lender, a completed sample loan agreement for a $300 loan to get a 14-day term that shows that the expense of borrowing and some fees don't exceed the maximums set by the Board and includes contact information, including a phone number, for your payday loan lender and contact data including Service Nova Scotia as provided by the division, jointly with the next announcement: Payday loans are governed by authorities, for more info on the regulation of payday lenders or to register a complaint, contact: (insert contact information as supplied). ,,(b)a sort that a debtor can use to give written notice of cancellation of a payday advance loan to the creditor,,(c)a form of the receipt the creditor uses to acknowledge receipt of what was borrowed or paid by a debtor when cancelling a loan,,(d)except as provided in subsection (2), all of the following information, in Form A, on loans granted by the payday lender in the place specified in their license for your 12-month period from July 1 to June 30 immediately prior to the date of the license renewal:,(I)the range of loans granted,,(ii)the average size of loans granted,,(iii)the range of defaults on loans granted,,(iv)the average quantity of loans payable,,(v)the range of borrowers who've been granted more than 1 loan,,(vi)the amount of repeat loans granted,,(vii)that the total number of debtors who've been granted replicate loans,(viii)the range of debtors who've been granted replicate loans, for the next number of occasions:,6The yearly fee for a license and renewal of a license for a payday loan lender will be $3334.65. ,Changes to loan agreement,7A payday lender must submit any alterations to its loan agreement, and a completed sample of the loan agreement as required by clause 5(1)(a), to the Registrar at least 21 days before the revised loan agreement is used.,Signs displaying rates and fees for payday loans,8(1)The display of rates and fees for payday loans required by Sections 18O of the Act must be in the form of a sign that's immediately visible to persons when entering the payday lenders place of business.,(b)immediately under the heading in clause (a), the subheading Example: $300 loan for 14 days in letters which are at least 2.5cm in height,,(4)A payday lender that offers more than 1 loan option, leading to differing total costs of borrowing or yearly percentage rates for a $300, 14-day loan, must include the total costs of borrowing, totals to repay and yearly percentage rates for each loan option provided by the payday lender in the manner described in clause (c) on any sign displaying the rates and fees under this Section.,Payday lender must display rates and fees for Internet payday loans,8A(1)A payday lender that offers, arranges or provides Internet payday loans must display on the payday lenders website a notice which includes the information required by subsections 8(3) and (4) displayed in a clear and understandable manner in a colour clearly contrasting with the background.,(b)in a location on the web site which comes before the payday advance application.,8BA payday lender must prominently display its permit at the location specified in its permit from which the payday lender offers, arranges or provides payday loans.,Payday lender of Internet payday loans must display permit information,8CA payday lender that offers, arranges or provides Internet payday loans must prominently display each of the following permit information at or close to the top of the introductory page of the payday lenders website for borrowers in Nova Scotia:,9(1)The information required by clauses 18I(a) to (j) of the Act and the following information must be given by the payday lender to a borrower in the loan agreement when a payday lender gives a borrower funds or access to funds under a payday loan:,(a)all of the following information for the payday lender and any agent of the lender representing the payday lender to the borrower:,(c)the date that the advance is made or a cash card is supplied,,(e)the term of the loan,,(h)a statement of the borrowers right to get a copy of the loan agreement from the lender at any time upon request,,(I)if a cash card is issued to a borrower, the stipulations of the cash card, including each of the following:,(I)the quantity of credit on the cash card,,(ii)any date the cash card expires,,(iii)that charges by a third party may apply for using the cash card at locations other than the payday lender.,(2)The copy of the loan agreement required by clause 18I(l) of the Act must be signed by both the borrower and the lender.,(3)A payday lender must provide a prospective borrower with the expense of borrowing, and may require only that the borrower give their name in return for the information.,9A(1)A payday lender must include each of the following in its payday loan advertisements:,(a)the total cost of borrowing for a payday advance, expressed in dollars and cents per $100 for a 14-day loan,,10When a payday lender gives a borrower funds or access to funds under a payday advance, the payday lender must give the borrower the form submitted under clause 5(1)(b) for the borrower to use to inform the lender in writing of cancellation of the loan.,Balance remaining on cash cards,11(1)At the request of the borrower, the balance remaining on a cash card, even if expired, must be applied towards repaying the payday loan.,(2)When a payday loan has been repaid, a borrower is eligible to receive any amount remaining on the cash card from the payday lender, whether or not the cash card has expired.,13A payday lender must not require more than one form of repayment from a borrower.,Borrower must not be required to repay loan earlier than borrowers payday,14(1)A payday lender must not set the due date for repaying a payday loan any earlier than the borrowers next payday.,(2)In subsection (1), the borrowers next payday usually means the next day that the borrowers regular wages, compensation or other income, including employment income, income assistance, unemployment insurance or other income guarantee, is paid to the borrower.,Receipts for repayment of loan,15(1)A receipt issued by a payday lender under Section 18M of the Act must be in duplicate so there are copies for both the lender and the borrower.,(2)With the borrowers consent, the borrowers bank records satisfy the requirement for a payday lender to issue a receipt under Section 18M of the Act for any form of repayment of a payday loan apart from repayment in cash.,Wage assignments not utilised to facilitate loans,16A payday lender must not request or accept a wage assignment, or an assignment of any other sort of income, to facilitate repaying a payday loan.,Future payments not to exceed total quantity of loan,17A payday lender must not require a borrower to offer pre-authorized debits or future payments of a similar nature for an amount greater than the amount necessary to pay off the payday advance on the due date.,18(1)Any charges or fees that a payday lender requires a borrower to pay in regard to the advance of a payday advance, except for penalties or charges concerning renewals or extensions, must be included in the expense of borrowing, including the following:,(d)cheque cashing fees on cheques used to repay a payday advance, even if the loan is past due,,(e)fees linked to pre-authorized debits used to repay a payday advance, even if the loan is past due,,(f)fees relating to issuing and loading a cash card, even if payable to a third party,,(g)cash card transaction fees charged at the payday lenders place of business,,(2)A payday lender must not charge for any default by a borrower of a payday advance except as permitted by an order of the Board under Section 18T of the Act and disclosed to the borrower in the loan agreement.,19A payday lender must not make a payday advance contingent on purchasing any product or service, including insurance.,20In subsection 18P(4) of the Act, immediately upon demand by the borrower or by the Registrar means at the time a request is made for a refund in person at the payday lenders place of business, or no later than the following business day if the request is made other than in person.,Time period for borrower to cancel loan advanced using cash card,21For a payday advance that's advanced by way of a cash card, the time before which a borrower may cancel a loan under subsection 18Q(1) of the Act is the end of the company day immediately after the day when the cash card is capable of being used to obtain cash or purchase goods or services.,Records retained by payday lender,22(1)In accordance with Sections 18M and 18S of the Act, copies of loan agreements and receipts issued to borrowers for loan repayments and on cancellation of loans must be retained for a minimum of 3 years from the date the loan was advanced or the receipt was issued.,(2)If a receipt is not issued to a borrower for repayment of a payday advance in accordance with subsection 15(2), records of repayment must be retained by the payday lender for a minimum of 3 years from the date the payment was received.,(3)A payday lenders record retention system must be capable of providing an inspector with the particulars of all loans advanced in any period during the previous 3 decades, including each of the following:,(b)each charge and payment relative to every loan,,(c)whether the loan is paid-out or outstanding.,23(1)If a payday lender charges a borrower a fee for repaying a payday loan before the due date in contravention of clause 18N(g) of the Act, the borrower is eligible for refund of any amount paid that exceeds the total amount borrowed.,(2)If a payday lender deducts or withholds a portion of the cost of borrowing from an advance under a payday advance in contravention of clause 18N(d) of the Act, the borrower is not liable to pay the lender any sum that exceeds the advance less the portion deducted or withheld, and is eligible for refund of any amount paid that exceeds the advance less the portion deducted or withheld.,(3)If a payday lender grants a rollover of a payday advance in contravention of clause 18N(h) of the Act, the borrower is eligible for refund of any amount paid that exceeds the total sum borrowed and, if the rollover is an advancement of a new payday loan to pay out an existing payday loan, the borrower is not liable to pay the payday lender any sum that exceeds the principal of the present payday loan.,Information about payday lender,Information about payday loans,Number of loans granted,Average size of loans granted,Number of defaults on loans granted,Average size of loans defaulted,Number of borrowers who've been granted more than 1 loan,Number of repeat loans granted,(Note: A repeat loan is understood to be a payday loan granted to a borrower 24 hours or less after they repay a prior payday loan granted to them.) ,Absolute number of debtors that were granted replicate loans,quantity of debtors who were granted replicate loans, such as the next number of occasions ,(Note: Do not include a debtor over once from the Totals here contain them just in the count for the total amount of occasions they've been given repeat loans.,Information about payday lender,info about payday loans,Number of loans given,Typical size of loans awarded,Number of defaults on loans given,Typical size of loans payable,Number of borrowers who have been granted more than 1 loan,Number of replicate loans awarded,(Note: An replicate loan is defined as a payday loan awarded to a debtor 24 hours or less after they refund a previous payday loan awarded to these.) ,Absolute number of borrowers who have been granted replicate loans,Number of borrowers who have been granted replicate loans, for the following number of times:,(Note: Don't incorporate a debtor more than once in the totals here contain them just in the count for the total amount of occasions they've been granted replicate loans)payday loans that accept netspend accounts



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