Starting lending in Canada? Here’s how to get licensed

Canada’s lending market is changing rapidly as economic conditions and consumer preferences evolve. The effects of the pandemic, inflation, and rising interest rates have pushed both traditional and fintech lenders to adapt.

But these shifts have also highlighted gaps in the market, creating space for new lenders who can step in and offer tailored solutions.

Fintech lenders are driving much of this change, challenging the idea that digital lending is only for younger people. In fact, nearly half of fintech borrowers in Canada are over 40, showing that demand for tech-driven loans spans across age groups.

This points to an opportunity for lenders who can meet the needs of older borrowers who are looking for alternatives to traditional banks.

Meanwhile, traditional banks are under-serving small and medium-sized businesses (SMEs), which contribute more than 50% of Canada’s GDP but receive just 16.4% of bank lending portfolios. This gap reveals a significant unmet need that new lenders could tap into by offering products designed specifically for SMEs.

These trends suggest that Canada’s lending market is fertile for new entrants, especially those who can address the needs that established players overlook. But entering this market means navigating regulations, including obtaining a lending license. This isn’t just a legal requirement—it’s also a way to establish credibility and trust in a competitive environment.

In this article, we’ll guide you through the process of getting a lending license in Canada, explain what’s required, and discuss how this step can position your business to thrive in a rapidly evolving industry.

How to get a lending license in Canada

Getting a lending license in Canada involves understanding both federal and provincial regulations because each jurisdiction has its own requirements based on the type of lending activities you want to do.

Federal regulations cover large financial institutions like banks and some types of insurance and securities activities. In these cases, the Office of the Superintendent of Financial Institutions (OSFI) will review your business model, governance structure, and financial capacity.

Provincial regulations primarily govern non-bank lenders, including payday lenders, mortgage brokers, and digital lenders.

For non-bank lenders, provincial regulations are the primary focus. But, if your business also involves activities like deposit-taking, certain investment services, or cross-border lending, federal laws may apply.

Each province has a designated licensing authority:

1. Ontario: Financial Services Regulatory Authority of Ontario (FSRA)
2. British Columbia: Business Practices and Consumer Protection Authority (BPCPA)
3. Alberta: Service Alberta
4. Québec: Autorité des marchés financiers (AMF)
5. Saskatchewan: Financial and Consumer Affairs Authority (FCAA)
6. Manitoba: Manitoba Consumer Protection Office
7. Nova Scotia: Service Nova Scotia and Internal Services
8. New Brunswick: Financial and Consumer Services Commission (FCNB)
9. Newfoundland: Service NL – Consumer Affairs Division
10. Prince Edward Island: Consumer, Labour and Financial Services Division

Each territory also has licensing authorities.

1. Yukon: Consumer Services, Yukon Department of Community Services
2. Northwest Territories: Consumer Affairs, Department of Municipal and Community Affairs
3. Nunavut: Consumer Affairs Division, Department of Community and Government Services

Application requirements to get a Canadian lending license

Although the specifics differ by province, the application requirements generally include:

1. Business registration:

Decide whether to operate as a sole proprietorship, partnership, corporation, or cooperative and register your business name with the appropriate provincial or federal registry. Make sure the name reflects your lending activities and meets naming guidelines.

2. Background checks:

Owners and directors must go through criminal record checks to make sure they have no history of fraud, financial crimes, or other criminal offenses. Key personnel may also need to disclose their financial history, including credit checks and bankruptcy records.

3. Compliance documentation: Submit detailed documentation including your:

• Business plan and financial projections.
• Evidence of capital and liquidity.
• Consumer protection policies.
• Interest rates and fee structures.

4. Insurance and bonding requirements:

Some provinces require lenders to obtain insurance and post a bond as part of the application. This serves as a financial guarantee to protect consumers in the event of business failure or misconduct. Common requirements include:

• Surety bond: A bond may be required to secure your compliance with provincial laws and regulations. The bond amount varies depending on the province and the nature of your lending activities.
• Liability insurance: Proof of liability insurance to cover potential claims related to lending practices, data breaches, or business interruptions.

5. Data privacy compliance

Digital lenders must demonstrate robust IT systems and data protection protocols to ensure compliance with privacy laws like Personal Information Protection and Electronic Documents Act (PIPEDA). You’ll need to show:

• Your security protocols to protect sensitive customer information
• Your strategy for handling data breaches
• How your digital platform meets provincial disclosure requirements and offers transparent loan processing

6. Annual reporting and renewal:

You must regularly submit reports on lending practices, financial health, and renew your license annually.

Be aware of the federal Criminal Code of Canada, which caps annual interest rates at 60%. Provincial laws may impose stricter caps for certain lending products, especially for payday loans.

The process might be complex but necessary

The rigorous application process serves as both a barrier to entry and a badge of credibility. It’s designed to make sure that only reliable and trustworthy lenders can operate. The detailed requirements act as a filter, keeping out businesses that might pose risks to consumers or the financial system.

For lenders, this means that simply meeting the basic requirements is not enough. You also need to build a business that is not only compliant with current laws but also ethical and sustainable in the long run.

So, success depends on both getting through the initial application process and maintaining high standards to align with Canada’s financial goals.