Households and individual borrowers
- High-cost installment loans, retail financing, pawn, and subprime credit that exceed “overnight rate + 20%” effective annually would no longer be legal after the change for new or renewed agreements (Clause 1).
- Standard credit cards charging nominal rates near 20% could be affected if their effective annual rate (with compounding) exceeds the cap that applies on the agreement date (Clause 1).
- Existing agreements are assessed against the cap using the overnight rate on the day the agreement was entered or renewed; the cap does not reset daily as rates change (Clause 1(2)).
Small businesses and retailers that offer financing
- Store cards, buy-now-pay-later, rent-to-own, and in-house financing must ensure the effective annual cost (including compounding) stays at or below “overnight rate + 20%” for new or renewed agreements (Clause 1).
- Contracts that exceed the cap could be unenforceable and expose the business and its officers to Criminal Code risk under s.347 (Clause 1 by reference to s.347).
Lenders (banks, credit unions, fintech, finance companies)
- Must review all products priced above the new threshold and reprice, redesign, or withdraw them for new or renewed agreements after the effective date (Clause 1).
- Need to calculate the effective annual rate using accepted actuarial methods and confirm compliance on the agreement/renewal date (Clause 1).
- Variable-rate products are tested against the cap using the overnight rate on the agreement/renewal date, not future rates (Clause 1(2)).
Provinces and payday lending
- The bill does not change the Criminal Code payday loan exemption framework in s.347.1; provincial regimes designated under s.347.1 remain in place (Clause 1).
- In provinces without a designated payday regime, the new federal cap would apply to payday loans through s.347 (Clause 1).