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HomeMy WebLinkAboutCOR-19-024 - Payday Loan EstablishmentsREPORT TO: Finance and Corporate Services Committee DATE OF MEETING:June 10, 2019 SUBMITTED BY: Christine Tarling,Director, Legislated Services & City Clerk,519-741- 2200 ext. 7809 PREPARED BY:Helen Fylactou,Manager, Licensing,519-741-2200 ext. 7854 WARD (S) INVOLVED:ALL DATE OF REPORT:May 29, 2019 REPORT NO.: COR-19-024 SUBJECT: Payday Loan Establishments ___________________________________________________________________________ RECOMMENDATION: That the Business Licensing By-law 2017-139, be amended to add the Payday Loan EstablishmentSchedule (Schedule 17.1), as attached as Appendix ‘A’ to and outlined in Corporate Servicesreport COR-19-024; and That the feesset out in report COR-19-024 related to Payday Loan Establishments be approved; and further, That the 2020User Fee Scheduleinclude the Payday Loan Establishment fees. BACKGROUND: On November 3, 2016, amendments to both the Payday Loans Act, 2008and the Municipal Act, 2001(the “Act”), were introduced allowing municipalities to regulatethe number and location of payday loan establishments. TheAct does not, however,permit municipalities to prohibit or ban these businessesentirely. The changes to the Actcame as a direct result of the Minister of Government and Consumer Services announcingPutting Consumers First Act, 2016(Bill 59). The purpose of Bill59was to strengthen consumer protectionwhen using lending establishments. Paydayloan establishments do not currently have a dedicated schedule within the City of Kitchener’s BusinessLicensing By-law; rather, they are captured under a general business licencescheduleas apermanent vendorand theironly requirement is to obtain planning approval. A permanent vendor licence is a one-time licence thatdoes not requirean annual renewaland is most often used for general offices and retail stores. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 6 - 1 REPORT: Staff is recommending that the Business Licensing By-law be amended to take payday loan establishments out of the Permanent Vendor classification and put theminto theirownschedule in order toinclude specific regulations for payday loan establishmentsin accordance with what is now permitted under the Act.These include regulating the location and the number of payday loan establishments but not prohibiting or banning payday loan establishments entirely since that is not permitted. As well, the regulations in the City’s proposed schedule do not include regulating interest rates, percentage of rates and amount of loans, advertising, and marketing because these are already regulated by the Provincial legislation, which requires that all payday loan establishments be registered with the Province. Staff’s goalin adding specific regulationsforpayday loan establishments, is not to prohibit these businesses but rather to find a balance between protecting consumers and allowing these businesses to operate for those who need them.Although overall comments received from public consultation supported limiting or banning payday loan establishments, staff also heard, there is a need for thesein the community for people whodo not have access to traditional bankingor other lending institutions.The City of Hamilton was the first municipality to adopt a limit to the number of payday loan establishments. Staff is proposing a similar model to Hamilton and will continue to monitor in order to ensure the proposed modelmeets the needs of the community. With the proposed amendments, staff hopesto better align with provincial legislation, reduce concentration, disperse locations, and see a reductionin the number of payday loan establishments over time. The proposed schedule includes a requirement forpayday loan establishments to submit a police clearance check, proof of insurance, and proof of valid lender or loan broker registration with the Province.The business licensing inspector will also annuallyinspect each establishment to ensure continued compliancewith the requirements previously indicated.In addition, the schedule proposes to add a minimum distance separationbetween other payday loan establishments, gambling and addiction treatment centres, and gaming sites (such as bingo halls). There are currently 18 licensed payday loan establishments in Kitchener. This schedule proposes to eventually reduce the total number of establishmentswithin the city by limiting the number of licences via attrition to a maximum of 10 citywide and with no more than 2 establishments per ward. These18 existing andlicensed payday loan establishments will be recognized within the new scheduleandbe permitted to remain in operation as long as each onecontinuesto meet the following criteria: Apply under the new schedule, pay the new fee, and obtain a licence under the proposed Payday Loan Establishment schedule; Continueto operateas a Payday Loan Establishment; Annually renewtheirlicence; Do not move locations; and Continue to be in compliance with all municipal, provincial, and federal legislation. 6 - 2 All licences under the Business Licensing By-law are non-transferable. If the ownership was to change, the licence would not be permitted to be renewed until the number of establishments dropsto under 10. Byrecognizing these locations,staff realizesit will take time to see a reduction tothe number of establishments but limiting the number overall will limit an increase. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city’s strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The fees below are based on a cost-recoverymodel which includes covering the cost of administration, inspections, and enforcement, as well as,a cost for havingexclusivity of a licence. Staff have compared the proposed fees to those of the City of Hamilton, City of Toronto, and City of London and have alignedthe feesaccordingly. Staff are recommendingthat Council approve the followingfees for Payday Loan Establishments: Old FeeNew FeeRenewal FeeLate Fee $125$575$375$450 Staff also recommends that the fees take effective immediately. Assuming all 18 existing payday loan establishments come into compliance with the requirements for a licence, the expected revenues foryear one will be approximately$10,350and $6750 annually for every subsequent renewal year.Once the number of licences has been reduced to the maximum of 10, the amount of revenue collected from renewal fees will be reduced to approximately $3750based on the currently proposed fees. COMMUNITY ENGAGEMENT: Staff usedtheEngageKitchener platform to solicit publicfeedbackon payday loan establishments with respectto the number of locations, physical locations of establishments, and general comments. As well, staff reached out to specific groups such asthe Downtown Kitchener BIA, Belmont BIA, The Working Centre, KW Multicultural Centre,and the Alliance Against Poverty to promote participation in the survey. All licensed payday loan establishments werealsocontacted and asked to partake in the survey. Through the EngageKitchener survey, staff asked the following questions: What of the following options best describes your experience with payday loan establishments? Which statement best describes your attitude towards payday loan establishments? 6 - 3 The City of Kitchener is considering implementing a limit on the number of payday loan establishments. There are currently 18 establishments registered in Kitchener. Is the current number of establishments too low? Appropriate? Too high? No opinion/not sure? Do you support establishinga minimum distance for a payday loan establishment from gambling and addiction treatment facilities, licensed gaming facilities (bingo halls), other payday loan establishments, or no minimum distance requirements? A summary of the results and the general comments from the surveyhavebeen provided as Appendix “B”. ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services 6 - 4 Appendix “A” Amending By-law BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend Chapter 599 of The City of Kitchener Municipal Code with respect to Licensing and Regulation of Businesses.) WHEREAS it is deemed expedient to amend Chapter 599 of The City of Kitchener Municipal Code as adopted by By-law 88-100; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1.Article 1 of Chapter 599 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions and renumbering the other definitions accordingly: “ “Gaming Site” means a gaming site as defined under the Ontario Lottery and Gaming Corporation Act, 1999,S.O. 1999, c. 12, Sched. L. “Payday Loan” shall have the definitionset out in the Payday Loans Act, 2008, S.O. 2008, c. 9. “Payday Loan Establishment” means any premises or any part of them in respect of which a licensee within the meaning of the Payday Loans Act, 2008, S.O. 2008, c. 9 may operate a business pursuant toa licence issued under that Act.” 2.Schedule 1 of Chapter 599 of The City of Kitchener Municipal Code is hereby amended by adding respectively under the headings “Type of Business”, “Expiry Date”, and “Regulations” the following in its appropriate numeric order: “Payday Loan Establishment March 31 Schedule 17.1”. 3.Chapter 599 of The City of Kitchener Municipal Code is hereby amended by inserting the Schedule attached to this by-law as Appendix A as Schedule 17.1 to Chapter 599 of The City of Kitchener Municipal Code. 4.Schedule 29 of Chapter 599 of The City of Kitchener Municipal Code is hereby amended by adding respectively under the headings “Type of Business”, 6 - 5 “Requirements/Approvals”, and “Due Date” the following in its appropriate alphabetic order: “Payday Loan Police Record Check, Insurance, March 31” EstablishmentProof of current and valid licence as a lender or loan broker under the Payday Loans Act, 2008 PASSED at the Council Chambers in the City of Kitchenerthis day of , A.D. 2019. _____________________________________ Mayor _____________________________________ Clerk 6 - 6 APPENDIX A SCHEDULE 17.1 PAYDAY LOAN ESTABLISHMENTS 1.In addition to the licensing requirements set out in Article 4 of this Chapter, an Applicant for a Payday Loan Establishment Licence shall supply the following: a)Planning Approval; b)Police Record Check; c) Proof of current and valid licence as a lender or loan broker under the Payday Loans Act, 2008; and d)Proof of Insurance. 2.Every Payday Loan Establishment Operator shall have a separate Licence for each Payday Loan Establishment location. 3.No more than ten (10) Payday Loan Establishment Licences shall be issued in the city of Kitchener. 4.Nor more than two (2) Payday Loan Establishment Licences shall be issued in any one ward of the city of Kitchener. 5.No new Licence shall be issued for Payday Loan Establishment if the proposed location is: a)located within 150 metres of another Licensed Payday Loan Establishment; b)Located within 150 metres of any Gaming Establishment; or c) Located within 150 metres of any addiction or gambling counselling service. 6.Despite sections 3, 4, and 5 of this Schedule, any Payday Loan Establishment existing onJune 24, 2019may continue to operate in the same location provide: a)The Operator had a current and valid Permanent Vendor Licence or Old Gold Licence for the Payday Loan Establishment on June 24, 2019; b)The Operator obtains a Payday Loan Establishment Licence by March 31, 2020; c) The Business is operated continuously as a Payday Loan Establishment; 6 - 7 d)The Business is, at all times, operated in compliance with this Chapter and all applicable municipal, provincial, and federal laws; and e)The Payday Loan Establishment Licence is renewed annually as required by this Chapter. 7.The Payday Loan Establishments existing on June 24, 2019 are at the following locations: a)500 FairwayRoad South; b)25 Frederick Street; c) 215 Highland Road West; d)370 Highland Road West; e)465 Highland Road West; f)525 Highland Road West; g)625 King Street East; h)1253 King Street East; i)2880 King Street East; j)4396 King Street East; k) 78 King Street West; l)648King Street West; m)670 King Street West; n)3101 Kingsway Drive; o)725 Ottawa Street South; p)12 Water Street North; q)1087 Weber Street East; and r)1335 Weber Street East. 6 - 8 Appendix “B” Summary of Results of Payday Loan Establishment Survey Thesurvey ran on the Engage Kitchener platform for 2 weeks and received responses from 127 participants.The majority of the comments were in favour of the City adding stricter regulations regarding the total number of establishments and the location of these establishments. Some of the highlights from the survey include: A majority of participants (77.8%) dislike having these establishments in the community. A majority of participants (81.0%) support implementing a limit on the number of establishments in the community. A majority of participants (90.4%) support adding minimum distance requirements. Summaries of the responses are included below: Q1: What of the following options best describes your experience with payday loan establishments: 6 - 9 Q2: Which statementbest describes your attitude towards pay day loan establishments: Q3 – Comments related to Question 2 Numberof comments to question “Which statement best describes your attitude towards payday loan establishments?” Total Number of Comments59 Positive5 Neutral 5 Against49 Summary of Comments:The majority of the comments surrounding payday loan establishments were negative. The main themes that came out of the comments were that these establishments perpetuate the cycle of poverty, take advantage of vulnerable persons, and the fees are exorbitant. However, there were a few comments that felt neutral towards the establishments but felt that the City could regulate them further in terms of how many there are and the number that exist within a radius. 6 - 10 Q4: The City of Kitchener is considering implementing a limit on the number of payday loan establishments. There are currently 18 establishments registered in Kitchener. Is the current number of establishments…too low, appropriate, too high, not sure/no opinion. Q5 – Comments related to Question 2 Numberof comments to question “The City of Kitchener is considering implementing a limit on the number of payday loan establishments. There are currently 18 establishments registered in Kitchener. Is the current number of establishments…too low, appropriate…too high…not sure/no opinion?” Total Number of Comments35 Too Low0 Appropriate6 Too High26 Not sure/no opinion3 Summary of Comments:A lot of the comments mirrored the concerns raised in comments around how people feel about payday loan establishments. The comments received spanned from indicating that reducing the number won’t have an impact because people will go online for the same service, to creating a prohibition. Most comments were in support of the City implementinga limitin the number. 6 - 11 Q6: Do you support establishing minimum distance for payday loan establishments from (choose all that apply): gambling and addiction facilities, licensed gaming facilities, other pay day loan establishments, I do not support minimum distance requirements. Q7 – Comments related to Question 6 Number of comments to question “Do you support establishing minimum distances for a payday loan establishment from…Gambling and addiction treatment facilities, licensed gaming facilities, other payday loan establishments, I do not support minimum distance requirements.” Total Number of Comments26 Support22 Do not support4 Summary of Comments: Themajority of the comments were in support of a minimum distance separation. Several comments suggested the inclusion of distance separations from other locations such as schools, cannabis stores, downtown Kitchener, and other high density zones. Although most were in support, a couple of comments were submitted stating the eliminationof these establishments would bea hindrance to the customers that require this service. 6 - 12 Q8 – General comments about Payday Loan Establishments Included below are the general comments submitted as part of the survey: Supportive of payday loans (3 comments) i find them very helpful and the Ontariogovernment has already reduced how much I can borrow from payday loan places which has already hurt me.Stop it. I understand that once and a while people need a bit extra in the moment. For rent andwhat not. But I'm concerned that these establishments if used routinely by the same people promote bad financial habits. The number of licensed payday loan establishments in Ontario is shrinking. Recent changes to the Ontario Payday Loan Act has resulted in the business not expanding (i.e. opening new locations), Some locations are exiting the business and some locations are restricting their lending criteria. They province of Ontario already has strict regulations in place. Adding additional restriction/regulations, may lead to those seeking additional credit to seek out unlicensed online lenders if the result of increasing restrictions are that traditional licensed store front lenders have to close. Supportive of total prohibition (15 comments) Please get them outta town -they are scummy, and unnecessary. They play no positive role in society. They play A role, but it's not positive, so why include them in our city? They need to be gone. They are leeches on the more desperate low income These are horrible businesses and perpetuate a spiral of debt and compound people’s problems as opposed to helping them. I'd like to see them eliminated. At a very minimum, the interest rates and amounts available for loan need to be strictly capped and comparable to, at absolute worst, credit card rates. I know someone who was on drugs and thanks to payday loans he couldfeed his habit. Of course they were not paid back on time. I hate these places. I think they should all be shut down. Is there any way to make these organizations stop robbing people? Payday loan establishments in my opinion should be outlawed -their rates are legal usury. It would be preferable to regulate the banks to limit credit to those who cannot justify it, and similarly press them to provide consolidation loans at reasonable rates. Currently, banks actually refuse this strategy for those that do not have pledged assets (ie are not "preferred" / "well off" customers) - this pushes people to unethical lenders, among them payday loan organizations. I have no qualms about pushing people into negotiated debt settlements earlier - it might even spur better credit behaviors on the part of both the banks and individuals! A BAN. Or in the least, tighter loan testing matched w/ more regulations to protect the youth and the vulnerable citizens!! Also, a cap on interest payables? 6 - 13 **Is there any current protection for the vulnerable youth that have already invested their souls in these establishments?? IF there is a Cambridge survey existing please kindly inform me. Thank you in advance. Get rid of them and establish financial advice establishments instead. Some people are afraid to go to the banks for advice or have a bad credit rating including bankruptcy. We need to help not enable our community. You either ban them outright or you allow them. Limiting them is a bit silly as that doesn't accomplish much. They are just a bus ride away. They are rebranding themselves I noticed (see Money Mart 'Financial Services') to appeara bit above the cheque cashing business. I would rather see better education into why opening a bank account is better in the long run however. That is outside of the scope of this survey though. Interest rates are obscene. Low income have a hard time making ends meet, and these establishments take advantage of their situation. There’s no societal benefit to taxing the poor in this manner. I feel Payday loan establishments have no place in our community. I don't know why the government allows these establishments that prey upon people with bad credit (who shouldn't be borrowing in the first place.) I feel the Payday loan places are like loan sharks. They lure desperate people in to borrow money with such high interest they have no hope in being able to pay it off. I work with many clients that are on ODSP or CPP that have used these places and got tied up with several of them as there is no barrier to them going to 2 or 3 different places and borrowing money they can never repay. It is heartbreaking to see this happening in our community. These are almost "criminal" establishments that steal money from the poorest among us. The interest rates are ridiculous! Supportive of city-implemented controls (41 comments) The interest rates these places charge is offensive. They are preying on the vulnerable and in my opinion it's disturbing that our politicians haven't done anything about it. Further regulation is needed Federally to reduce fees and interest rates to people in need. It absolutely should be done, and the people that disagree either don't understand the nature of these places, are being abused by them, or are working for them. These institutions need to be much better regulated and the damage they do evaluated. Support community co-op savings and loan model establishments instead. Support financial literacy instead - require these establishments to carry literature and connections to subsidized or free debt-relief and financial counselling. Please do. They prey on those who cannot manage money, making their situation worse - legalized loan sharking. Come to think of it, maybe this better than criminal loan sharking. So, best to get some tight controls in place I was caught up in the payday loan cycle and it is tough to get out of. I don't think we need 18 establishments for our city Make a move to restrict the rates for these establishments preying on the poor! 6 - 14 I think regulation of these businesses should be up to the province. But the City should put limits on where and how many are located in a certain area. I think there needs to be some education of the community for options on dealing with debt and using regular bank services. They should be required tocarry and prominently display pamphlets about proper financial counseling and financial management toolsand advice and or posters. They should be required to show and explain the REAL ANNUALIZED rates as well as the three month rate - people get tricked and don't realize how bad it really is. These establishments are expressly designed to extract the maximum amount of money from those least able to afford it. Limiting their presence to an absolute minimum is the only way to balance what little benefits they provide against their toll in human misery. Encourage the government to enact regulations to enact the part of the legislation which puts a fee on pay day lenders to fund education and research I think the interest they can charge, or the fee for cashing a cheque is predatory. Payday Loan establishments often use predatory tactics to attract poorer citizens of our communities. The benefits of payday loans are quite limited, and more often provide an innocent way for people stuck in a bad financial situation to make it worse. If someone was short to pay bills and require a payday loan to pay them one month, how could they afford them next month with the added interest of the loan? It didn't provide them a way out, it just made everything worse. They do not provide a benefit to the community and I would like to see them limited. I'm glad that some regulation is going into place for these establishments. They can misbehave frequently. Limit how high interest rates can be. In financial/loan paperwork, require clear language (i.e. Essential Skills level 2) so people are not taken advantage of due to not understanding the terms. Have brochures/information available on supports / social services in the area (i.e. addictions, debt, counselling) I believe there is a law (federal or provincial) that limits the amount of interest that can be charged, and as best as I can figure out, these places are WAY over that on an annual basis. If possible reduce their costs to customers and make more reasonable offerings. Regulating payday loan establishments is treating the symptom, not the cause. Why are people going to payday loan establishments in the first place? Provide more free community services and low-cost services. Support a living wage. Do more. they need more regulation of their predatory policies and high interest rates. maybe limit how they can advertise bonuses etc. that lure desperate people into their establishments The more they are restricted the better, they do nothing to build our community up and only serve to hurt and drag down those who are already in a tough spot. Too much high rate , need to change that to be low Regulations on their marketing practices? They can't target where vulnerable individuals frequent, i.e. food bank, downtown/uptowns, student ghettos. 6 - 15 As I said before I think some kind of payday loan ought to be available through the bank at a reasonable rate. They take advantage of us in every possible way already. Our fees and our high interest rates already line the pockets of people who don't need the money. They benefit from the money to do special things that we could never afford to. I have not had a vacation in 10 years. I am so desperate for money that I take the small amount of pay in lieu of vacation. 69 years of age I have a right to protest this. Most especially I protest this because the banks foreclosed on small businesses almost 30 years ago because they have to recover their losses when canary wharf went bankrupt. We just not invest in canary wharf. The banks invested in canary wharf. Because they lost money on that they recouped it on the backs of the small business people. that was so that the rich business people would not experience a temporary loss of more expensive vacations and cars. Yes I am very angry. You can reach me at XXXX@XXXX.com. I am more than willing to talk about this. the auditor that they sent to our company was in tears when she told us that the bank was foreclosing. In fact the audit was just for show. She learned that the banks had already planned to close us down. Us and many other small companies. I still feel that the banks ought to have been investigated for that. Please please someone look into this Regulation of such establishments should include the fees that they apply. These should be in keeping with other loan rates. As I mentioned in comment #1, the interest rates they charge is what needs to be regulated. At present, their fees are just usury. Very sad. I do think we have way to many payday loan place in Kitchener and thus cause people hardship and they charge way to much interest.Thenumber of place should cut in half I don't like them, pray on the ones that can least afford it. Fees are high and I know they have to pay employees. I just feel you never can stop once you start borrowing, seen that first hand with my mom. There shouldbe limits on the amount of interest/service fees they can charge. These payday loan places take advantage of vulnerable people. Regulate the interest rate they can charge to the same as regular credit cards They prey on low income people in the community and should be regulated as strictly as possible, if not banned. I'm hopeful the city with limit/eliminate these predatory establishments Payday loans as a support system for helping with being close to poverty lines do not make money. This should be a government offered and regulated service if we want it to be helpful to people. High interest loans when you are not making enough money to cover your bills when they come in rarely do much to help people in trouble. There should be a limit to the number of loans that you can give to one person and limits on the amount of interest that can be charged (and the amount of time they can charge interest for) because you can easily find yourself with loans you will never be able to pay in these situations. I would support less restrictions on the establishments in exchange for tighter regulations on their operation. Much more regulation is needed to protect vulnerable clients of payday loan establishments I think regional regulation won't solve their issues. Itrequires a regulation as to how they finance and provide money and an educational component 6 - 16 Our approach shouldn't be to prevent access to these services. It should be to bring people to a point where they themselves have tools/methods for either avoiding these services altogether or at least limiting their use to a "healthy" amount. Perhaps our three levels of government could begin (each in their own way) to take some responsibility for establishing compassionate, sustainable ways of assisting low-income folks who are in pressing financial short-term need. If we consider ourselves to be at all decent, we really should not be enabling organizations that gouge the poor with high interest rates and offer no alternative. Can't we do better? I think the answers to your questions say it all. I'm not sure that this is a problem that we can not fix with government regulation. This is a social problem and even if we were to close all of them across the province I would not solve the problem. The solution is education I believe that banks are shirking the responsibilities and should be offering payday loans for anyone who needs it. banksare wealthy enough that they can afford this. I was shocked to find out that payday establishments can now offer lines of credit, etc. END OF SURVEY 6 - 17