Note:This is a draft regulation for discussion purposes. Bill 65, the Mortgage Brokerages, Lenders and Administrators Act, 2006, is not yet enacted.
1. A person or entity that refers a prospective borrower to a prospective mortgage lender is exempted from the requirement in section 2 of the Act to have a brokerage licence or a mortgage broker's or agent's licence if the person or entity complies with both of the following requirements:
2. A person or entity that refers a prospective mortgage lender to a prospective borrower is exempted from the requirement in section 2 of the Act to have a brokerage licence or a mortgage broker's or agent's licence if the person or entity complies with all of the following requirements:
3. Nothing in sections 1 or 2 affects the right of a person or entity that does not have a brokerage licence or a mortgage broker's or agent's licence to refer a prospective borrower to a prospective mortgage lender or a prospective mortgage lender to a prospective borrower for no fee or other remuneration.
4. A lawyer is exempted from the requirement in section 2 of the Act to have a brokerage licence or a mortgage broker's or agent's licence if both of the following circumstances apply:
5. A lawyer is exempted from the requirement in section 3 of the Act to have a brokerage licence or a mortgage broker's or agent's licence if both of the following circumstances apply:
6. A lawyer is exempted from the requirement in section 5 of the Act to have a mortgage administrator's licence if both of the following circumstances apply:
7. The following corporations are exempted from the requirement in section 2, 3 or 4 of the Act to have a brokerage licence and from the requirement in section 5 of the Act to have a mortgage administrator's licence:
8. A person or entity acting in the person's or entity's capacity as a trustee in bankruptcy is exempted from the requirement in section 2, 3 or 4 of the Act to have a brokerage licence and from the requirement in section 5 of the Act to have a mortgage administrator's licence.
9. A person or entity acting under an order of the Superior Court of Justice is exempted from the requirement in section 2, 3 or 4 of the Act to have a brokerage licence and from the requirement in section 5 of the Act to have a mortgage administrator's licence.
10. A person or entity is exempted from the requirement in section 2, 3 or 4 of the Act to have a brokerage licence when it acts as agent for the Canada Mortgage and Housing Corporation pursuant to section 6 of the National Housing Act (Canada).
11. A person or entity is exempted from the requirement in section 3 or 4 of the Act to have a brokerage licence if the person or entity carries on the business of trading in mortgages or as a mortgage lender solely through a mortgage brokerage or a person or entity that is exempted from the requirement to have a brokerage licence.
12. A director, partner, officer or employee of a person or entity that is not required to have a brokerage licence under section 2 or 3 of the Act, or a member of the directing body of such an entity, is exempted from the requirement in section 2 or 3 of the Act to have a mortgage broker's or agent's licence if the individual deals or trades in mortgages solely on behalf of the person or entity in the ordinary course of his or her duties.
13. (1) A consumer reporting agency registered under the Consumer Reporting Act is exempted from the requirement in section 2 of the Act to have a brokerage licence if both of the following circumstances apply:
(2) A director, partner, officer or employee of a consumer reporting agency registered under the Consumer Reporting Act is exempted from the requirement in section 2 of the Act to have a mortgage broker's or agent's licence when he or she engages in an activity described in paragraph 2 of subsection 2 (1) of the Act in the ordinary course of his or her duties.
14. (1) A person or entity is exempted from the requirement in section 3 of the Act to have a brokerage licence or a mortgage broker's or agent's licence if the person or entity carries on the business of trading in mortgages or trades in mortgages solely in connection with mortgage securitization.
(2) A person or entity is exempted from the requirement in section 5 of the Act to have a mortgage administrator's licence when the person or entity carries on the business of administering only those mortgages that constitute the assets backing mortgage-backed securities.
(3) In this section,
“mortgage-backed securities” means securities, as defined in the Securities Act, that represent an interest in, or obligations backed by, a discreet pool of mortgages;
“mortgage securitization” means the pooling of mortgages for the purpose of creating mortgage-backed securities.
15. A person or entity is exempted from the requirement in section 5 of the Act to have a mortgage administrator's licence if the person or entity carries on the business of administering mortgages solely on behalf of,