Investor Presentaiton
[Rev. 2016]
Consumer Protection
No. 46 of 2012
agreement, unless the lender has adopted the loan broker's initial disclosure
statement as his, her or its own.
(2) The initial disclosure statement for a credit agreement for fixed credit shall
disclose the prescribed information.
(3) The initial disclosure statement for a credit agreement for open credit shall
disclose the prescribed information.
(4) If a loan broker assists in arranging a credit agreement, the initial disclosure
statement shall disclose the prescribed information.
66. Subsequent disclosure on fixed credit
(1) If the interest rate in a credit agreement for fixed credit is a floating rate, the
lender shall, at least once every twelve months after entering into the agreement,
deliver to the borrower a disclosure statement for the period covered by the
statement disclosing the prescribed information.
(2) If the interest rate in a credit agreement for fixed credit is not a floating rate
and the agreement allows the lender to change the interest rate, the lender shall,
within thirty days after increasing the annual interest rate to a rate that is at least
1 per cent higher than the rate most recently disclosed to the borrower, deliver to
the borrower a disclosure statement disclosing the prescribed information.
(3) The lender shall deliver to the borrower notice if the amount of the borrower's
scheduled payments required by a credit agreement for fixed credit is no longer
sufficient to cover the interest accrued under the agreement because the principal
set out in the agreement has increased as a result of default charges or the failure
of the borrower to make payments under the agreement.
(4) The notice under subsection (3) shall be in writing, shall disclose the
situation and shall be delivered within thirty days after the point when the amount
of the scheduled payments is no longer sufficient to cover the accrued interest.
(5) Subject to subsection (6), if the parties have agreed to amend a credit
agreement for fixed credit and the amendment changes any of the information
prescribed under subsection (2), the lender shall, within thirty days after the
amendment is made, deliver to the borrower a supplementary disclosure statement
setting out the changed information.
(6) If an amendment to a credit agreement consists only of a change in
the schedule of required payments by the borrower, it is not necessary for
the supplementary disclosure statement to disclose any change to the annual
percentage rate or any decrease in the total required payments by the borrower or
the total cost of borrowing under the agreement.
67. Subsequent disclosure on open credit
(1) Subject to subsection (2), the lender under a credit agreement for open
credit shall deliver a statement of account to the borrower at least once monthly
after entering into the agreement.
(2) The lender is not required to deliver a statement of account to the borrower
at the end of any period when, since the most recent statement of account, the
borrower has received no advances and made no payments under the agreement
and-
(a) at the end of the period the outstanding balance payable by the
borrower under the agreement is zero; or
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