New payday loan limits don't protect consumers: advocates
Last Updated: Tuesday, December 15, 2009 | 5:08 PM ET
CBC News
Related
Internal Links
Some Ontario consumers could be caught in a never-ending cycle of borrowing from payday loan companies despite a new cap on loan fees and interest that came into effect Tuesday, warns an Ottawa-based public watchdog.
Starting Tuesday, payday loan firms in Ontario will be able to charge no more than $21 for every $100 borrowed, a rate the Public Interest Advocacy Centre said is still "astronomically high."
"It's more the big businesses that have been protected," said John Lawford, a spokesman for the advocacy group.
"[The rate is] astronomically higher than [that of] a bank or credit card company. It's not even in the same league," he said.
Prior to legislation, payday loan companies were charging interest of about $21 per $100 but added on processing fees as well as deferral fees when a client asked for more time to repay.
In 2006, a B.C. judge ruled that processing and deferral fees actually counted as interest, which brought the effective annual interest rate to above $60 per $100, an amount that is considered illegal under Canada's criminal code.
Since then, provinces across Canada have worked to regulate the industry and bring in limits on effective annual interest rates.
Ontario's new limit of $21 per $100 includes interest and all fees.
The payday loan industry has pointed out that payday loans by their very nature are short term, most lasting about 10 days. Comparing short-term interest rates with annual interest rates is like pointing out that a $200 hotel room would cost over $70,000 a year, they say.
The Canadian Payday Loan Association has said the average payday loan is approximately $280 and the average length of the loan is 10 days.
But Lawford said most of the $2 billion a year borrowed from Canadian payday loan companies is done so by repeat customers who can't get ahead of their debts.
The Payday Loan Association has welcomed Ontario's regulation, saying the new maximum rate will help protect consumers and get unscrupulous players out of the business.
The association defended the interest rates.
"What justifies him [Lawford] saying the rate is too high?" asked association spokesman Stan Keyes. "If he has any kind of evidence to justify that statement, please bring it forward."
Earlier this month, Saskatchewan became the fifth province to announce it would regulate payday loan companies. The new rules will set the maximum cost of borrowing in Saskatchewan at $23 per $100.
British Columbia, Alberta, and Nova Scotia have also passed legislation that limits borrowing rates, and Prince Edward Island is considering it. Limits are also in place in Manitoba and Quebec.
Manitoba allows companies to charge a maximum of $17 per $100 borrowed, B.C. allows the charges of $23 while Nova Scotia's maximum is $31 for every $100 borrowed.
More than two million Canadians have used payday loans to cover small-sum, short-term emergency and unexpected expenses, the industry association said.
With files from The Canadian PressShare Tools
Latest Toronto News Headlines
- Truck dangles on overpass after 401 crash in Ajax
- A section of Highway 401 is closed for hours after a tractor-trailer collides with an SUV, slides off the highway and hangs perilously over the roadway below. more »
- GO Transit train damaged by debris on tracks
- A GO Transit train is damaged after striking a short track section that appears to have been deliberately laid over the rails. more »
- Everest team unable to bring down Toronto woman's body
- Bad weather has hampered the recovery team that is attempting to bring down the body of a Toronto woman who died trying to climb Mt. Everest. more »
- Man shot dead in Oshawa
- A man in is mid-30s is dead after he was shot at a house in Oshawa on Friday night. more »
Top News Headlines
- Teen struck by lightning in Ottawa dies
- The victim of a Friday lightning strike during a storm in east Ottawa has died, CBC News has learned. more »
- Montreal protesters march in peaceful defiance
- The clanging of pots and pans sounded throughout Montreal's downtown core Saturday night and into early Sunday morning, as thousands of protesters marched on in peaceful — but loud — defiance of Bill 78. more »
- Outrage grows over Syria killings
- The deaths in Syria of over 90 people, including at least 32 children, has sparked international outrage and raised fears that the international peace plan is in tatters. more »
- Missing Winnipeg children found in Mexico
- Two Winnipeg children reported missing and possibly in Mexico have been found alive, according to unofficial reports from an agency that works to find missing people. more »
- Everest victim's husband says family not seeking government help
- Truck dangles on overpass after 401 crash in Ajax
- Brampton family seeks woman missing since Thursday
- GO Transit train damaged by debris on tracks
- 'Save me' last words of Mount Everest climber
- Timmins fire crews aided by calmer winds
- Everest team unable to bring down Toronto woman's body
- Man shot dead in Oshawa
- Serial carjacker gets life term for fatal crash

