Debates of October 15, 2010 (day 17)
QUESTION 206-16(5): LEGISLATION TO GOVERN PAYDAY LOAN COMPANY OPERATIONS
Thank you, Mr. Speaker. My questions are for the Minister of MACA, the Minister responsible for consumer protection. It is regarding the control of payday loan gouging. I understand that a legislative proposal may be underway, the first step in creating laws to control these abuses. We certainly need action now. I am wondering if this Minister is moving forward quickly on this. Can we expect solid support from this Assembly for the fast-tracking of this law to protect not only Yellowknife residents but travellers from communities caught short on money when they are in the capital? Will the Minister confirm that legislation is forthcoming and that bringing this forward is a priority and perhaps confirmation on the status of that? Thank you.
Thank you, Mr. Bromley. The honourable Minister of Municipal and Community Affairs, Mr. Robert McLeod.
Thank you, Mr. Speaker. Obviously this is a concern that we have heard on a couple of occasions now. Although MACA, through the consumer affairs department, hasn’t really received any complaints, we understand that it is still a concern out there. There is the cost of credit disclosure that is going to be introduced and that would compel the lending companies to fully disclose the interest rates that they are charging on loans. Thank you.
Mr. Speaker, that gets into my second question here. I think there are two essentials for any law on this. The first is that firm and reasonable controls on the actual amount of additional charges, that can be attached to a loan agreement. So I’m hoping that there will be those controls as well as the clarity and declaration to the customer.
The Quebec legislation, which is considered the most strong -- and I hope that is being referenced by the folks drafting this bill -- establishes a percentage ceiling that forbids additional charges exceeding a certain percentage of the principal amount.
The second one is clear language, of course, as the Minister has noted, so the borrowers know what they are signing.
So will the Minister confirm and commit that both of those will be in this legislation? Thank you.
I haven’t had an opportunity to look at the legislation that’s being drafted. However, I will commit to the Member that, as committee, they will have opportunity to have some say into what goes into this particular piece of legislation.
Yes, so the first was firm and reasonable controls on the actual amount of additional charges. So I will look for that.
As the Minister knows, it is a much more expeditious, faster process if those can be in first rather than coming to committee to, again, identify them later and go back, a time-consuming approach. The new law is meaningless, however, without enforcement, Mr. Speaker.
We learned in recent media reports that MACA officials don’t monitor lenders’ practices to prevent abuses. People being ripped off have to use the courts, which is difficult, costly, and, for most people, impossible. I’m sure the Minister recognizes this, that the clients often do not have the sort of capacity required, and that’s the same reasoning for how they are being taken advantage of.
So will the Minister commit to placing a high priority on bringing this forward before the end of the 16th Assembly, legislation that is clearly enforceable and the enforcement requirement to back it up is there? That may take approaching the people rather than waiting for complaints. Thank you.
It is our intent to have this...(inaudible)...legislation passed through the 16th Assembly. We do take all concerns very seriously and this is one that we are starting to hear a bit more about in recent days. As a 16th Assembly, if this is a priority of the 16th Assembly, then that will enable us working with committee to move the legislation along a lot quicker. Thank you.
Thank you, Mr. McLeod. Your final supplementary, Mr. Bromley.
Yes, thank you, Mr. Speaker. I appreciate the Minister’s commitment to this and I think it is something that we are hearing a lot about and I guess when it comes forward, I am wondering if the Minister would accompany it with some information on the degree to which this exists in other communities. I know it’s a big one in Yellowknife and the people from other communities are being taken advantage of in the city. So it would be good to have that information, as well, from other centres. Thank you.
My understanding is there are a couple of outfits here in Yellowknife that provide this service. I would have to confirm. There may be a couple more out in the larger communities, but I will confirm that information and I will share it with the Member. Thank you.
Thank you, Mr. McLeod. The honourable Member for Frame Lake, Ms. Bisaro.