BILL 40
An Act to Amend the Cost of Credit Disclosure Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 17 of the Cost of Credit Disclosure Act, chapter C-28.3 of the Acts of New Brunswick, 2002, is amended
(a)  in paragraph (a) of the English version by striking out “and” at the end of the paragraph;
(b)  by adding after paragraph (a) the following:
(a.1)  if the information that is required to be included is the annual interest rate, the annual interest rate is disclosed at least as prominently as is the information that necessitated the inclusion of the annual interest rate, and
2 Subsection 26(5) of the Act is repealed and the following is substituted:
26(5) Where the borrower pays or is required to pay a brokerage fee, the credit broker shall ensure that the initial disclosure statement for the credit agreement, in addition to containing any other information required under this Act to be disclosed in an initial disclosure statement for the credit agreement,
(a)  states the amount of the brokerage fee,
(b)  accounts for the brokerage fee in the total cost of credit, and
(c)  in the case of a credit agreement for fixed credit, accounts for the brokerage fee in the APR.
3 Section 27 of the Act is amended
(a)  by repealing subsection (2) and substituting the following:
27(2) Where the credit grantor deducts a brokerage fee from the value received or to be received by the borrower in connection with the credit agreement, the credit grantor shall ensure that the initial disclosure statement for the credit agreement, in addition to containing any other information required under this Act to be disclosed in an initial disclosure statement for the credit agreement,
(a)  states the amount of the brokerage fee,
(b)  accounts for the brokerage fee in the total cost of credit, and
(c)  in the case of a credit agreement for fixed credit, accounts for the brokerage fee in the APR.
(b)  in paragraph (3)(a) by striking out “paragraphs (2)(a) and (b)” and substituting “subsection (2)”.
4 Paragraph 32(1)(i) of the French version of the Act is amended by striking out “taux d’intérêt” and substituting “taux d’intérêt annuel”.
5 Section 39 of the Act is repealed and the following is substituted:
39 A credit grantor shall ensure that an advertisement that is published by or on behalf of the credit grantor and that gives any specific information about the cost of open credit states
(a)  the current annual interest rate for the open credit, and
(b)  any initial or periodic non-interest finance charges for the open credit.
6 Paragraph 41(1)(h) of the Act is repealed.
7 Paragraph 62(y) of the Act is repealed and the following is substituted:
(y)  respecting the collection or recovery of a debt owed to a credit grantor by a borrower or to a lessor by a lessee, including, without limiting the generality of the foregoing,
(i) prohibiting the use of any particular method in the collection or recovery of debts by a credit grantor or lessor,
(ii) prescribing the nature and amount of fees and other charges that a credit grantor or lessor may recover or attempt to recover from a borrower or lessee in respect of debt collection activities carried on by the credit grantor or lessor, and
(iii) prohibiting the bringing of any action by a credit grantor or lessor for the recovery of debt in any court of this Province;
8 Schedule A of the Act is amended by striking out
39(1)...............
D
39(2)...............
D
and substituting the following:
39...............
D
COMMENCEMENT
9 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
EXPLANATORY NOTES
Section 1
(a)  Consequential amendment.
(b)  New provision.
Section 2
The existing provision is as follows:
26(5) Where the borrower pays or is required to pay a brokerage fee, the credit broker shall ensure that the initial disclosure statement for the credit agreement, in addition to containing any other information required under this Act to be disclosed in an initial disclosure statement for the credit agreement,
(a)  states the amount of the brokerage fee, and
(b)  accounts for the brokerage fee in the APR and the total cost of credit.
Section 3
(a)  The existing provision is as follows:
27(2) Where the credit grantor deducts a brokerage fee from the value received or to be received by the borrower in connection with the credit agreement, the credit grantor shall ensure that the initial disclosure statement for the credit agreement, in addition to containing any other information required under this Act to be disclosed in an initial disclosure statement for the credit agreement,
(a)  states the amount of the brokerage fee, and
(b)  accounts for the brokerage fee in the APR and the total cost of credit.
(b)  Consequential amendment.
Section 4
A correction is made in the French version.
Section 5
The existing provision is as follows:
39(1) A credit grantor shall ensure that an advertisement that is published by or on behalf of the credit grantor and that gives any specific information about the cost of open credit that is not in relation to a credit card states the APR for the open credit.
39(2) A credit card issuer shall ensure that an advertisement that is published by or on behalf of the credit card issuer and that gives any specific information about the cost of open credit that is in relation to a credit card states
(a)  the current annual interest rate for the open credit, and
(b)  any initial or periodic non-interest finance charges for the open credit.
Section 6
The existing provision is as follows:
(h)  for open credit that is not in relation to a credit card, the APR;
Section 7
The existing provision is as follows:
(y)  respecting the collection or recovery of a debt owed to a credit grantor by a borrower or to a lessor by a lessee;
Section 8
Consequential amendment.
Section 9
Commencement provision.