HomeMy WebLinkAboutLGS-001-21Clarington
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: January 4, 2021 Report Number: LGS-001-21
Submitted By: Rob Maciver, Director of Legislative Services
Reviewed By: Andrew C. Allison, CAO
By-law Number:
File Number: L2030-02-59E Resolution#: GG-025-21
Report Subject: City of Oshawa Licensing of Payday Loan Establishments
Recommendation:
1. That Report LGS-001-21 be received for information.
Municipality of Clarington
Report LGS-001-21
Report Overview
Page 2
This report provides a summary of the existing Provincial regulation and licensing
requirements for payday lenders, options available to the Municipality to regulate the location
of payday loan establishments, and additional commentary relevant to the regulation of
payday loans.
1. Background
1.1 The agenda for the September 14, 2020 Joint Committee meeting included
correspondence from the City of Oshawa that pertained to the regulation of payday loan
establishments. The details of the City of Oshawa proposal to license payday loan
establishments is contained in Oshawa Report CNCL-20-76 (the "Oshawa Report").
1.2 At the Joint Committee meeting of September 14, 2020, a motion was introduced (#JC-
094-20) to endorse the position of the City of Oshawa as contained in their
correspondence.
1.3 The motion was then referred to Staff to report back to the General Government
Committee (#JC-095-20).
1.4 Several questions were raised by members of the Joint Committee meeting with respect
to Provincial regulation of payday loan establishments, zoning by-law considerations,
and the prevalence of payday loan establishments within Clarington. This report will
attempt to address these questions, as well as provide some additional commentary
about the licensing system proposed by the City of Oshawa.
1.5 Oshawa is the first municipality within Durham Region to initiate business licensing of
payday loan establishments, although it is known to occur in the cities of Toronto,
Hamilton, Kitchener, and Sarnia.
2. Provincial Regulation of Payday Loans
2.1 Payday loans are regulated by the Province of Ontario pursuant to the Payday Loans
Act, 2008, S.O. 2008, c. 9 (the "PLA").
2.2 Pursuant to the PLA, a "payday loan" means an advancement of money in exchange for
a post-dated cheque, a pre -authorized debit or a future payment of a similar nature but
not for any guarantee, suretyship, overdraft protection or security on property and not
through a margin loan, pawnbroking, a line of credit or a credit card.
2.3 The PLA provides for a comprehensive system of licensing, and all payday lenders are
required to be licensed by the Province.
Municipality of Clarington Page 3
Report LGS-001-21
2.4 The PLA also includes several provisions to protect borrowers and prohibits lenders
from a variety of aggressive business practices.
2.5 Pursuant to the PLA, the prescribed limit on the cost of borrowing is $15 for every $100
advanced by the payday lender.
2.6 The PLA is applicable to in -person loans, but also to remote payday loans (e.g. online)
which are growing in popularity. Remote payday loans eliminate the need for a borrower
to attend at the physical offices of the payday lender.
2.7 In 2017, the PLA was amended to provide that payday lenders shall not operate an
office in an area prohibited by a Municipal by-law enacted pursuant to section 154.1 of
the Municipal Act, 2001 (the "Municipal Act").
2.8 Under most circumstances, section 153 of the Municipal Act prevents a municipality
from refusing to grant a licence for a business by reason only of the location of the
business.
2.9 However, under the special provisions of section 154.1 of the Municipal Act, a local
municipality may, as part of a business licensing by-law, define the area of the
municipality in which a payday loan establishment may or may not operate and limit the
number of payday loan establishments in any defined area in which they are permitted.
The only limitation on this regulatory power is that a municipality shall not completely
prohibit the operation of all payday loan establishments in the municipality.
2.10 In reliance on this authority, it is the intention of the City of Oshawa to restrict the
number of payday loan establishments to 2 per ward to a maximum of 10 in the City,
and to prohibit new payday loan establishments in the Downtown Urban Growth Centre
as defined in the Oshawa Official Plan. The City's proposal includes appropriate
transition (i.e. "grandfathering") provisions for existing establishments, and since the
current number of payday loan establishments in the City already exceeds the
maximum of 10 locations, any new locations in the City are effectively prohibited.
3. Setbacks
3.1 The Oshawa Report stipulates that no payday loan establishment should be located
within 150 metres of any other such establishment, or any elementary or secondary
school.
Municipality of Clarington Page 4
Report LGS-001-21
3.2 Oshawa proposes to implement the setback requirement as a part of their licensing by-
law. This approach is consistent with that taken by the City of Toronto. An alternative
approach used by some municipalities (e.g. the cities of Ottawa and Barrie) has been to
provide for zoning regulations to establish minimum distances from other payday loan
establishments, or other uses considered to be vulnerable (e.g. gambling
establishments).
3.3 The Clarington zoning by-law 84-63 does not currently include a definition for "payday
loan establishment". These businesses are classified in the zoning by-law within the
general category of "retail commercial establishment" and are permitted in most
commercial zones. These businesses are subject to the same setback regulations that
would be applicable to any other retail commercial establishments located in the same
specific zone. These setbacks are currently minimal and do not relate to proximity to
other payday loan establishments, schools, or other uses.
4. Prevalence
4.1 A preliminary search suggests there are currently a total of three payday loan
establishments operating within Clarington. There are two payday loan establishments
in the east end of Bowmanville near the Bowmanville Mall, and one location in Courtice
near Townline Road.
5. Additional Commentary
5.1 The Oshawa Report acknowledges concerns related to the high cost of payday loans,
and the potential for borrowers to become cyclical users of payday loan services. Some
of the research has found a positive correlation between payday lending and higher
incidences of violence, property crime, and increased need for social assistance.
5.2 However, there is other research to suggest that restrictions on the number of payday
loan businesses creates an "oligopoly for small -dollar loans with existing locations
having an almost permanent, government -protected and enforced oligopoly on the
service, limiting available credit options for certain consumers". Additionally, there is
research to suggest that anti -clustering attempts may "discourage price competition
among payday lenders" rather than leading to improvements in borrowing conditions.
6. Concurrence
Not applicable.
Municipality of Clarington Page 5
Report LGS-001-21
7. Conclusion
It is respectfully recommended that Council receive this report for information.
Staff Contact: Rob Maciver, Director of Legislative Services & Municipal Solicitor, 905-623-
3379 ext. 2013 or rmaciver@clarington.net.
Attachments:
No Attachments.
Interested Parties:
There are no interested parties to be notified of Council's decision.