Interest is a Federal area. 60 %
http://www.blg.com/en/newsandpublications/documents/Antle_Practical_Guide_to_section_347.pdf
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A PRACTICAL GUIDE TO SECTION 347 OF THE CRIMINAL
CODE - CRIMINAL RATES OF INTEREST
Stephen Antle
*
Reprinted by permission of the Canadian Business Law Journal. Copyright 1994
.
INTRODUCTION
Between the Criminal Code sections on extortion and break and enter is s. 347.
i
This section
makes it a criminal offence to enter into an agreement or arrangement to receive, or to receive,
payments for advancing credit exceeding 60% of the total value of the credit advanced.
Parliament enacted s. 347 to control loan-sharking. However, the courts have interpreted s. 347
so that commercial lawyers, who might assume the Criminal Code has little relevance to their
practices, overlook this section at their and their clients' peril. Failure to consider s. 347 in
structuring a loan transaction can result in criminal charges and significant civil consequences.
If the courts find a transaction provides for a rate of interest exceeding 60% the borrower may
have an unexpected defence to the lender's attempt to enforce their agreement. The courts
may deprive a lender of some or all of its anticipated return. The lender's principal may even be
at risk.