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New Brunswick's New Cost of Credit Disclosure Act

By Suhuyini Abudulai and Jennifer Reed

Canada's consumer finance laws have always been disjointed, with different provinces having different rules as to what information must be disclosed to a consumer, as well as how to calculate the applicable interest rate for certain agreements. This inconsistency among the provinces has raised the cost of lending to consumers and acts as a barrier of entry to foreign and small finance companies. In 1998, the federal, provincial, and territorial governments agreed upon certain principles geared toward harmonizing cost-of-credit disclosure under a harmonization template.

On Sept. 15, 2010, the Province of New Brunswick brought into force a new Cost of Credit Disclosure Act, c.28.3 (the “Act”) and New Brunswick Regulation 2010-104 under the Cost of Credit Disclosure Act (the “Regulation”). The Act substantially addresses New Brunswick's commitment to harmonize its cost-of-credit disclosure requirements with the laws of other Canadian jurisdictions in accordance with the harmonization template. The provisions of the Act and the Regulation change significantly the disclosure requirements applicable in New Brunswick. The Act was originally passed in 2002, but was not brought into force until new regulations were passed.

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