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Regulation and legal framework

Interest Act (Canada)

Français : Loi sur l'intérêt (Canada)

Federal law governing Canadian mortgage interest rates. Requires expression of effective annual rate, prohibits non-annual compound interest, and limits penalties after 5 years.

Definition

The Interest Act is an old (1906) but still applicable federal law containing important provisions for mortgage borrowers:

**Section 6 — Annual rate disclosure**: any interest rate in a mortgage contract must be expressed as an effective annual rate (or equivalent). A lender that only expresses a monthly rate without providing the annual equivalent can only claim a default legal rate of 5%.

**Section 8 — Penalty restriction after 5 years**: for mortgages of 5 years or more on residential properties of fewer than 5 units, after 5 years have expired, the borrower may repay in full with a maximum penalty of 3 months' interest (regardless of the contractual penalty). This provision is little known but powerful — it allows breaking a long mortgage at lower cost after 5 years.

**Section 10 — Compound interest**: Canadian mortgage interest is calculated semi-annually rather than annually — which is why the real rate slightly differs from the posted rate.

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This definition is provided for informational purposes only and does not constitute legal, tax, or financial advice. For a personal situation, consult an AMF-licensed mortgage broker, notary, accountant, or the relevant financial institution.