Vol. 151, No. 26 — December 27, 2017

Registration

SOR/2017-271 December 7, 2017

NATIONAL HOUSING ACT

The Minister of Finance, having consulted the Governor of the Bank of Canada and the Superintendent of Financial Institutions, pursuant to subsection 8.1(1) (see footnote a) of the National Housing Act (see footnote b), makes the annexed Regulations Amending the Insurable Housing Loan Regulations.

Ottawa, December 4, 2017

William Francis Morneau
Minister of Finance

Regulations Amending the Insurable Housing Loan Regulations

Amendments

1 (1) Paragraph 5(1)(e) of the French version of the Insurable Housing Loan Regulations (see footnote 1) is replaced by the following:

(2) The portion of subsection 5(2) of the Regulations before paragraph (a) is replaced by the following:

Credit score exception

(2) The criterion set out in paragraph (1)(g) does not apply if no more than 3% of the lender’s high ratio loans and low ratio loans that were approved for insurance and funded during one of the following periods were loans in respect of which no borrower or guarantor had a credit score of at least 600:

(3) The portion of subsection 5(3) of the Regulations before paragraph (a) is replaced by the following:

Debt service ratio calculations — certain loans

(3) For the purposes of paragraph (1)(h), the gross debt service ratio and total debt service ratio are to be calculated using the annual payments, in respect of the loan and any other loan with an equal or prior claim against the eligible residential property, that would be required to conform to the amortization schedule agreed to by the borrower and the lender if the interest rate were the greater of

2 (1) Paragraph 6(b) of the Regulations is repealed.

(2) Paragraph 6(d) of the Regulations is amended by striking out “or” at the end of subparagraph (iii), by adding “or” at the end of subparagraph (iv) and by adding the following after subparagraph (iv):

(3) Section 6 of the Regulations is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (d):

(4) Section 6 of the Regulations is renumbered as subsection 6(1) and is amended by adding the following :

Credit score exception

(2) The criterion specified in paragraph (1)(j) does not apply if no more than 3% of the lender’s high ratio loans and low ratio loans that were approved for insurance and funded during one of the following periods were loans in respect of which no borrower or guarantor had a credit score of at least 600:

Debt service ratio calculations

(3) For the purpose of paragraph (1)(k), the gross debt service ratio and total debt service ratio must be calculated using the annual payments, in respect of the loan and any other loan with an equal or prior claim against the eligible residential property, that would be required to conform to the amortization schedule agreed to by the borrower and the lender if the interest rate were the greater of

Reasonable likelihood of repayment

(4) A low ratio loan does not meet the criterion set out in paragraph (1)(m) unless the approved lender or the Corporation has made reasonable efforts to verify the borrower’s income and employment status or, if the borrower is self-employed, to assess the plausibility of the income reported by the borrower.

3 Section 9 of the Regulations and the heading before it are replaced by the following:

Transitional Provisions

High ratio loans

9 (1) A high ratio loan is to be governed by these Regulations as they read on October 16, 2016 if, on any day before October 17, 2016,

Low ratio loans

(2) A low ratio loan is to be governed by these Regulations as they read on October 16, 2016

Coming into Force

4 These Regulations are deemed to have come into force on October 17, 2016.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2017-270, Regulations Amending the Eligible Mortgage Loan Regulations.