High-Cost Credit Products

Frequently Asked Questions

The new legislation designates each of the following as a type of high-cost credit product:

• Loans of money which have an annual interest rate exceeding 32%;
• Loans of money which have a principal amount under $5000, a term of less than two years and which require the payment of interest and any high-cost credit fees and are not secured by a pledge of personal property;
• Loans of money which are secured by personal property where the security interest is registered under The Personal Property Security Act, require the payment of any high-cost credit fees, and the funds advanced by  the loan were not used to purchase the secured property.
• Lines of credit which have an annual interest rate that exceeds 32%;
• Lines of credit which do not exceed a credit limit of $5000, have specific repayment terms, require the payment of any high-cost credit fees, and are not secured by a pledge of personal property; and
• Lines of credit which are secured by a pledge of personal property where that security interest is registered under The Personal Property Security Act, require the payment of any high-cost credit fees and the funds advanced by the loan are not used to purchase the secured property.

The proposed legislation does not apply to loans issued by banks or credit unions. Mortgages on real property, credit cards and margin loans are also exempt from the new rules.

Lenders who offer, arrange or provide high-cost credit products must comply with the proposed regulation. The new rules do not apply to licensed payday lenders who do not offer, arrange or provide high-cost credit products, lenders who are otherwise regulated (e.g., banks and credit unions) and non-profit organizations.

High-cost credit grantors must be licensed with the Consumer Protection Office in order to offer, arrange or provide high-cost credit products. The annual fee for licensing will be $5,500. A company that wishes to offer, arrange or provide high-cost credit products at more than one location must apply for a separate licence for each location.

The existing Manitoba Payday Borrowers' Financial Literacy Fund is continued as the Manitoba Borrowers’ Financial Literacy Fund. It will be funded by high-cost credit grantors as well as payday lenders.

A high-cost credit grantor must pay an annual financial literacy support levy of $500.00 to the Manitoba Borrowers' Financial Literacy Fund for the purpose of funding programs and activities designed to improve the financial literacy of borrowers and potential borrowers.

High-cost credit lenders must:

• be licensed in order to offer, arrange or provide a high-cost credit products;
• post signage, visible to a borrower upon entering the location, disclosing information about the high-cost credit products being offered in each licensed location; and
• prior to a borrower entering into a high-cost credit agreement, provide borrowers with an information disclosure document that sets out important details including:
• the type of high-cost credit product
• APR
• interest rate
• total cost of credit
• any fees or charge or penalty that may be payable by the borrower
• The borrower’s right to cancel the high-cost credit agreement within 48 hours
• The applicant must also provide a detailed description of each proposed high-cost credit product and a sample completed high-cost credit agreement for each so the Consumer Protection Office can ensure that none of the products offered exceed the criminal interest rate of 60% per annum.

Yes. Signs must be prominently posted at each location (visible to a borrower upon entering the location) that high-cost credit products are offered, arranged or provided. They must:

• Clearly state this product is a high-cost credit product
• Separately list each cost component of the high-cost credit product, including:
• interest rate
• total cost of credit
• each fee, charge, penalty or other amount that may be charged

The website or mobile application must be designed in a clear, understandable and prominent manner that the borrower is entering into an agreement, and the agreement must be made accessible to the prospective borrower.

A borrower may cancel a high-cost credit agreement within 48 hours – excluding Sundays and other holidays – after entering into the agreement.  Or at anytime if the borrower was not notified by the lender of his or her right to cancel within 48 hours, of if the lender did not properly disclose information to the borrower.

High-cost credit grantors are prohibited from charging a fee, charge, penalty or other amount when a borrower makes a makes a loan prepayment in full or in part under a high-cost credit agreement.

Businesses who fail to comply with the new legislation will be subject to administrative penalties ranging from $1,000 to $5000 for individuals and $5,000 to $20,000 for corporations.

They may also be subject to penalties that can range from fines of up to $300,000, imprisonment for a term of not more than three years, or both.

Consumers who have questions about high-cost credit products or high-cost credit grantors should contact:

Consumer Protection Office
302-258 Portage Avenue
Winnipeg, Manitoba R3C 0B6
Telephone (Winnipeg and area): 204-945-3800
Toll-free within Manitoba: 1-800-782-0067
Fax: 204-945-0728
Email: consumers@gov.mb.ca
Website: www.manitoba.ca/cca/cpo/