B.C. Reg. 100/73
O.C. 1421/73

Mortgage Brokers Act

Mortgage Brokers Act Regulations

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 187/2006, July 1, 2006]

Contents
 Division 1 — Registration
1Repealed
1.1Prescribed forms
2Registration expiry
3Registration renewal
4Qualifications for registration under the Act
 Division 2 — Fees
5Fees respecting registration under the Act
 Division 3 — Financial Information
6Statements and records
 Division 4 — Procedure
7Hearings, investigations, inquiries
8Reasons for refusal of registration
8.1Applications under section 6 (7.2) of the Act
8.2 Business Practices and Consumer Protection Act powers
 Division 5
9–12Repealed
 Division 6 — Conflict of Interest Disclosure
13Definitions
14Timing of Conflict of Interest Disclosure Statement
 Division 7 — Exemptions from Sections of the Act
15Exemption from section 14.1 of the Act
16Exemption from section 17.1 of the Act
17Exemption from sections 17.3 or 17.4 of the Act
18Exemption for certain Securities Act registrants
19Exemption for persons licensed under the Real Estate Services Act
 Division 8 — Matters Prescribed by the Registrar
20Prescribed forms
Form 1
Form 2
Form 3
Form 4
Form 5
Form 6
Form 7
Form 8
Form 9
Form 10

Division 1 — Registration

Repealed

1  Repealed. [B.C. Reg. 308/2000, s. 1.]

Prescribed forms

1.1  The following forms attached to this regulation are prescribed:

(a) Repealed. [B.C. Reg. 187/2006, s. 1.]

(b) Form 7 as the application for an order under section 6 (7.1) of the Act;

(c) Form 8 as the affidavit that accompanies Form 7;

(d) Form 9 as the written information statement required by section 17.1 of the Act;

(e) Form 10 as the written disclosure statement required by sections 17.3 and 17.4 of the Act.

[en. B.C. Reg. 194/2000, s. 1; am. B.C. Reg. 187/2006, s. 1.]

Registration expiry

2  Every registration under the Act expires on the day preceding the second annual anniversary date of the registration.

[en. B.C. Reg. 547/82.]

Registration renewal

3  An application for renewal of registration must be submitted to the registrar at least 30 days in advance of the last day of the term of the current registration.

[en. B.C. Reg. 547/82.]

Qualifications for registration under the Act

4  An applicant for registration or renewal of registration as a mortgage broker or submortgage broker must qualify for the registration or renewal of registration by

(a) taking the course or courses, and passing the examination or examinations, specified by the registrar, or

(b) satisfying the registrar that the applicant is suitable for registration as a mortgage broker or submortgage broker, as the case may be,

(i)   by challenging the examination or examinations specified by the registrar and proving his or her qualifications by passing the examination or examinations, as the case may be, or

(ii)   on the basis of the applicant having successfully completed training that is at least equivalent to having completed the course or courses referred to in paragraph (a).

[en. B.C. Reg. 127/2004.]

Division 2 — Fees

Fees respecting registration under the Act

5  (1) In this section, "business address" means an address at or from which a mortgage broker or submortgage broker does any of the things referred to in the definition of "mortgage broker" in section 1 of the Act.

(2) There must be paid to the government, for a matter itemized in Column 1 of the following Schedule of Fees, the fee set out opposite that item in Column 2 of that schedule.

Schedule of Fees
Item Column 1   Column 2
1 For registration as a mortgage broker having only a single business address   $1 000
2 For registration as a mortgage broker having more than a single business address   $1 000 payable on registration, plus $200 for each additional business address, payable on a one-time only basis at the time business is first commenced from that business address
3 For registration as a submortgage broker   $1 000
4 For renewal of registration as a mortgage broker   $500
5 For renewal of registration as a submortgage broker   $500
6 For amendment, on application by a mortgage broker or submortgage broker, of the register kept under section 3 of the Act   $200
7 For reinstatement of the registration of a submortgage broker, in accordance with section 3 (8) of the Act   $200
8 For late filing of a renewal of registration or financial information required under the Act   $50 multiplied by the number of days by which the filing is late, or $500, whichever is the lesser amount

[en. B.C. Reg. 127/2004.]

Division 3 — Financial Information

Statements and records

6  Every registered mortgage broker shall

(a) keep such books and records as are necessary for the proper recording of his business transactions and financial affairs,

(b) file with the registrar, at the time of application to be registered and thereafter annually and at other times that the registrar may require, financial reports

(i)   in a form satisfactory to the registrar,

(ii)   in a form certified by the mortgage broker, or by a director or partner of the mortgage broker, and

(iii)   if required by the registrar and if he or she considers it warranted in the particular circumstances, reported on by auditors engaged by the mortgage broker,

(c) file with the registrar the other information that the registrar may require in the form that the registrar may specify,

(d) keep and maintain a record showing

(i)   the repayment terms of each mortgage,

(ii)   the total amount actually paid or to be paid to the mortgagor of each mortgage, and

(iii)   the fees, expenses, costs and other charges required to be borne by the mortgagor in respect of each mortgage transaction, and

(e) keep and maintain up to date trust records in connection with his business to record

(i)   all trust money received by him,

(ii)   all disbursements of trust money made by him, and

(iii)   the unexpended balance of trust money held by him in total and separately for each person for whom that money is held.

[en. B.C. Reg. 255/84; am. B.C. Reg. 226/2004, s. (a).]

Division 4 — Procedure

Hearings, investigations, inquiries

7  At any hearing, investigation, inquiry or examination to be conducted by the registrar hereunder, the provisions of section 148 of the Securities Act apply, subject to section 8 of this regulation with the necessary changes in so far as are applicable to the hearing, investigation, inquiry or examination.

[am. B.C. Reg. 193/2000.]

Reasons for refusal of registration

8  Every direction, decision, order or ruling of the registrar refusing registration, refusing to renew registration, suspending registration or cancelling registration shall be made in writing and shall be open to public inspection, and a copy of any such reasons shall be supplied by the registrar to any person who applies therefor, or who, in the opinion of the registrar, may be affected thereby.

Applications under section 6 (7.2) of the Act

8.1  (1) An application for an order under section 6 (7.1) of the Act must be in Form 7 and must be accompanied by

(a) an affidavit in Form 8, and

(b) if the application is by a person approved under section 6 (2.1) of the Act, a copy of the order under section 6 (2.1) of the Act.

(2) An affidavit under subsection (1) (a) must

(a) describe the inquiry for which the order is sought,

(b) state that the person swearing the affidavit has reasonable and probable grounds for believing that there may be records, property, assets or things that may reasonably relate to the subject matter of the inquiry located at or in the business premises, building, receptacle or place for which authority is sought to enter,

(c) state the grounds for the belief referred to in paragraph (b), and

(d) describe the records, property, assets or things referred to in paragraph (b).

[en. B.C. Reg. 194/2000, s. 1.]

Business Practices and Consumer Protection Act powers

8.2  (1) For the purposes of section 9.1 of the Mortgage Brokers Act, the following provisions of the Business Practices and Consumer Protection Act are prescribed:

(a) sections 4 to 6 [deceptive acts or practices];

(b) sections 7 to 10 [unconscionable acts or practices];

(c) sections 59, 60, 62 and 64 [advertising];

(d) sections 66 and 67 [disclosure requirements applicable to all credit agreements];

(e) sections 71 to 73, 75 and 76 [rights and obligations of borrowers and credit grantors];

(f) sections 79 and 80 [credit arranged by loan brokers];

(g) sections 83 to 89 [disclosure required in relation to fixed credit];

(h) sections 91 to 93 [disclosure required in relation to open credit];

(i) section 104 and 105 [general].

(2) Without limiting any other rights and powers of the registrar under the Mortgage Brokers Act, the registrar may, in relation to the provisions prescribed in subsection (1), exercise

(a) the rights and powers under sections 5 to 8.1 of the Mortgage Brokers Act, except section 6 (3), and

(b) the rights and powers of the director under the following provisions of Part 10 of the Business Practices and Consumer Protection Act:

(i)   sections 149 to 153 [inspections], except section 151 (2) and (3);

(ii)   sections 154, 155 (1), (3) and (4) and 157 (1) (a) and (b) [undertakings and compliance orders];

(iii)   sections 158 (2), 159 (1) and (2), 161 (1) and 163 (1) [appointment of receivers and property freezing orders];

(iv)   sections 164 (1) (a) to (c), (e) and (f), 166 (1) (a) to (c) and 168 (2) [administrative penalties];

(v)   sections 172 and 173 (2) [court proceedings].

(3) The following provisions of the Mortgage Brokers Act apply to the exercise by the registrar of the rights or powers referred to in subsection (2):

(a) section 9 [appeal to tribunal];

(b) section 10 [certificate of registrar];

(c) section 20 [liability of registrar, commission].

(4) The following provisions of Part 10 of the Business Practices and Consumer Protection Act apply to the exercise by the registrar of the rights or powers referred to in subsection (2):

(a) section 151 (2) and (3) [inspections];

(b) sections 155 (2), (5) and (6) and 157 (2) [undertakings and orders];

(c) sections 158 (5), 159 (3) to (6), 160, 161 (2) and (3), 162 and 163 (2) to (4) [appointment of receivers and property freezing orders];

(d) sections 164 (2) to (5), 165, 167 (a), 168 (1) and 170 [administrative penalties];

(e) section 173 (1) and (3) [court proceedings].

[en. B.C. Reg. 187/2006, s. 2.]

Division 5

Repealed

9–12  Repealed. [B.C. Reg. 187/2006, s. 3.]

Division 6 — Conflict of Interest Disclosure

Definitions

13  (1) For the purposes of this Division, and sections 17.3 and 17.4 of the Act:

"associate" means, if used to indicate a relationship with any person,

(a) a submortgage broker employed by that person,

(b) a partner of that person,

(c) a trust or estate in which that person has a substantial beneficial interest or for which that person serves as trustee or in a similar capacity,

(d) a corporation in respect of which that person beneficially owns or controls, directly or indirectly, voting securities carrying more than 10% of the voting rights attached to all outstanding voting securities of the corporation,

(e) a relative, including a spouse, of that person, or

(f) a relative of that person's spouse, if the relative has the same home as that person;

"related party" means, in respect of a person, any other person that is

(a) related to the person under subsection (2) to (4), or

(b) deemed to be a related party under subsection (5).

(2) Each of 2 persons is related to the other if

(a) either influences the other,

(b) both influence the same third person, or

(c) both are influenced by the same third person.

(3) For the purposes of subsection (2), a person influences another person if, through the beneficial ownership of or exercise of control or direction over, or through a combination of such ownership of or control or direction over

(a) voting securities of that other person,

(b) securities currently convertible or exchangeable into voting securities of that other person, or

(c) securities carrying a currently exercisable right to acquire voting securities of that other person or to acquire convertible or exchangeable securities referred to in paragraph (b),

whether directly or indirectly and whether alone or in combination with one or more persons, the person exercises a controlling influence over the management and policies of that other person.

(4) For the purposes of subsection (2) and without limiting the generality of subsection (3), a person, in the absence of evidence to the contrary, is deemed to influence another person if the first person

(a) beneficially owns or exercises control or direction over securities that constitute in the aggregate more than 20% of the outstanding securities of any class or series of voting securities of that other person, or

(b) would, upon conversion, exchange or exercise of any security or right referred to in subsection (3) (b) or (c), beneficially own or exercise control or direction over securities that would constitute in the aggregate more than 20% of the outstanding securities of any class or series of voting securities of that other person,

whether directly or indirectly and whether alone or in combination with one or more other person.

(5) If any 2 persons are related parties of the same other person, the 2 persons are deemed to be related parties of each other.

[en. B.C. Reg. 194/2000, s. 3.]

Timing of Conflict of Interest Disclosure Statement

14  (1) The written disclosure statement referred to in section 17.3 of the Act must be provided to the borrower at the earliest opportune time given the circumstances of the mortgage transaction and in any event before the borrower in the mortgage transaction signs the mortgage or any ancillary agreement with the mortgage broker or lender, including but not limited to an agency agreement with the mortgage broker, that commits the borrower to the mortgage transaction.

(2) The written disclosure statement referred to in section 17.4 of the Act must be provided to the lender

(a) if the lender's funds are paid into trust, on or before release of the funds from trust at the direction of the lender, or

(b) if the funds are not paid into trust, on or before the advancement of funds by the lender.

[en. B.C. Reg. 194/2000, s. 3.]

Division 7 — Exemptions from Sections of the Act

Exemption from section 14.1 of the Act

15  (1) In this Division:

"sophisticated person" means

(a) a government of Canada or any province of Canada or a crown corporation or agency of a Canadian federal or provincial government,

(b) a municipal corporation, public board or commission in Canada,

(c) a savings institution,

(d) a cooperative credit society as defined in the Cooperative Credit Associations Act (Canada) or a savings and credit union, federation or confederation as defined in the Savings and Credit Unions Act (Quebec),

(e) the Business Development Bank of Canada,

(f) a pension fund that is regulated by either the Office of the Superintendent of Financial Institutions (Canada) or a provincial pension supervisory authority,

(g) an insurance company,

(h) a trust company or insurer authorized under the laws of Canada or of a province of Canada other than British Columbia to carry on business in Canada or that province,

(i) a mortgage broker acting as principal,

(j) a subsidiary, as defined by the Business Corporations Act, of a person referred to in paragraph (a) to (i),

(k) a person registered under the Securities Act or the securities legislation of another province in Canada as an investment dealer or equivalent, acting as principal or as an agent or trustee for accounts that are fully managed by it,

(l) a person registered under the Securities Act or the securities legislation of another province in Canada as a portfolio manager or equivalent, acting as principal or as an agent or trustee for accounts that are fully managed by it,

(m) a mutual fund or non-redeemable investment fund, if the investment portfolio of the fund is managed by a person that is registered under the Securities Act or the securities legislation of another province in Canada as a portfolio manager or equivalent, or

(n) a person or trust that acquires mortgages or interests in mortgages for the purpose of offering, as a security as defined in the Securities Act, interests in a pool of those mortgages or interests in mortgages.

(2) A mortgage broker is exempt from section 14.1 of the Act if the mortgage broker is administering, or arranging for a person to administer, a mortgage on behalf of a sophisticated person.

[en. B.C. Reg. 194/2000, s. 3; am. B.C. Reg. 226/2004, s. (b).]

Exemption from section 17.1 of the Act

16  (1) A mortgage broker is exempt from section 17.1 of the Act in respect of a mortgage transaction described in section 17.1 (1) (a) of the Act or a sale transaction described in section 17.1 (1) (b) or (c) of the Act in which the other person referred to in section 17.1 of the Act is a sophisticated person.

(2) A mortgage broker is exempt from section 17.1 of the Act in respect of a mortgage transaction described in section 17.1 (1) (a) of the Act or a sale transaction described in section 17.1 (1) (b) or (c) of the Act in which the mortgage is

(a) part of a pool of mortgages and an interest in the pool is being offered by the mortgage broker as a security as defined in the Securities Act, and

(b) fully guaranteed by the government of Canada or by a province of Canada.

(3) A mortgage broker is exempt from section 17.1 of the Act in respect of a mortgage transaction described in section 17.1 (1) (a) of the Act or a sale transaction described in section 17.1 (b) or (c) of the Act if an offering memorandum or a prospectus has been provided to the other person referred to in section 17.1 of the Act in accordance with the Securities Act.

[en. B.C. Reg. 194/2000, s. 3.]

Exemption from sections 17.3 or 17.4 of the Act

17  (1) A financial institution, as defined in theFinancial Institutions Act, acting in a mortgage transaction is exempt from section 17.3 and section 17.4 of the Act if the financial institution is, in respect of that mortgage transaction, in compliance with section 90 of the Financial Institutions Act and B.C. Reg. 333/90, the Marketing of Financial Products Regulation, under the Financial Institutions Act.

(2) A mortgage broker is exempt from section 17.3 of the Act if the matters required to be disclosed under that section have been disclosed in an offering memorandum or a prospectus prepared in accordance with the Securities Act and the offering memorandum or prospectus has been provided to every person who is a borrower in the transaction to which section 17.3 of the Act would otherwise apply.

(3) A mortgage broker is exempt from section 17.4 of the Act if the matters required to be disclosed under that section have been disclosed in an offering memorandum or a prospectus prepared in accordance with the Securities Act and the offering memorandum or prospectus has been provided to every person who is a lender in the transaction to which section 17.4 of the Act would otherwise apply.

(4) A mortgage broker is exempt from sections 17.3 and 17.4 of the Act if

(a) the only reason that section 17.3 or section 17.4 of the Act, as the case may be, would otherwise apply is that the "direct or indirect interest" required to be disclosed is an additional amount as defined in section 15 of the Act, and

(b) the additional amount has otherwise been disclosed to the borrower in the case of section 17.3 of the Act or the lender in the case of section 17.4 of the Act.

(5) For the purpose of section 17.4 (2) (a) of the Act, the term "direct or indirect interest" does not include an interest in a mortgage that is registered in the name of the mortgage broker or will be registered in the name of the mortgage broker as a result of the transaction.

[en. B.C. Reg. 194/2000, s. 3.]

Exemption for certain Securities Act registrants

18  (1) In this section:

"limited dealer" has the meaning given to it in section 6 of B.C. Reg. 194/99, the Securities Rules;

"qualified syndicated mortgage" means a syndicated mortgage if

(a) the syndicated mortgage is

(i)   not contained in or secured by a bond, debenture or similar obligation or in a trust deed or other instrument to secure bonds or debentures or similar obligations, and

(ii)   sold through a mortgage broker,

(b) the syndicated mortgage secured a debt obligation on property used solely for residential purposes and containing no more than 4 residential dwelling units,

(c) the syndicated mortgage does not secure a debt obligation incurred for the construction or development of property,

(d) at the time of issue, the amount of the debt secured by the syndicated mortgage, together with all other debt secured by mortgages on the property that have priority over, or the same priority as, the syndicated mortgage, does not exceed 90 percent of the fair market value of the property, excluding any value that may be attributed to proposed or pending development on the property,

(e) the syndicated mortgage is limited to one identified debt obligation,

(f) the rate of interest payable under the syndicate mortgage is equal to the rate of interest payable under the identified debt obligation,

(g) any amount charged for the administration of the syndicated mortgage is disclosed to the purchaser, and

(h) the term of the syndicated mortgage is not different from the term of the identified debt obligation;

"syndicated mortgage" means a security that provides an investment arrangement in which a person participates, together with others, as a mortgagee through the acquisition of a portion of an identified debt obligation that is secured by a mortgage.

(2) A person that is registered under the Securities Act other than a limited dealer is exempt from the Act for the purpose of offering for sale securities of syndicated mortgages other than qualified syndicated mortgages provided that person is in compliance with the Securities Act.

[en. B.C. Reg. 194/2000, s. 3.]

Exemption for persons licensed under the Real Estate Services Act

19  A person licensed under the Real Estate Services Act is exempt from the registration provisions of the Mortgage Brokers Act if the person would otherwise be required to be registered only as a result of the person's activity in facilitating the sale of a vendor take-back mortgage if that activity is ancillary to the person's role in the transaction that gave rise to the vendor take-back mortgage.

[en. B.C. Reg. 518/2004, Sch. s. 11.]

Division 8 — Matters Prescribed by the Registrar

Prescribed forms

20  The following forms attached to this regulation are prescribed:

(a) Form 1 as the form that must be completed and executed by an applicant for registration as a mortgage broker;

(b) Form 2 as the form that must be completed and executed by an applicant for registration as a submortgage broker;

(c) Form 3 as the form that must be completed and executed by an applicant for renewal of registration as a mortgage broker;

(d) Form 4 as the form that must be completed and executed by an applicant for renewal of registration as a submortgage broker;

(e) Form 5 as the form that must be completed and executed by an applicant for reinstatement of registration under section 3 (8) of the Act.

[en. B.C. Reg. 308/2000, s. 2.]

Form 1

[am. B.C. Regs. 97/2004; 518/2004, Sch. s. 12.]

MORTGAGE BROKERS ACT

APPLICATION FOR REGISTRATION AS A MORTGAGE BROKER

Application is made for registration under the Mortgage Brokers Act as a mortgage broker, and the following statements of fact are made in respect thereof:

(a)  Name under which applicant will carry on business ...............................................................
(b)  Business address .................................................................................................................
(c)  Telephone number ...............................................................................................................
Address for service in British Columbia .......................................................................................
The applicant maintains accounts at the following bank(s) .............................................................
.................................................................................................................................................
Does the applicant apply for registration of any branch offices? If so, state addresses..................
.................................................................................................................................................
.................................................................................................................................................
Indicate by a check mark () through (a), (b) or (c), whichever applies:
(a)  The applicant is an individual and will carry on business alone and under the name specified in 1 (a) above. Name in full and home address are set out below:
  Or
(b)  The applicant is a partnership which will carry on business under the above name. Name in full and home address of each partner are set out below:
  Or
(c)  The applicant is a corporation. Name in full and home address of each director and officer are set out below.
Name in Full Home Address, Street Number, City or Town Title or Office Held
     
     
The following is a short business record of (a) the applicant individual; or (b) the applicant partnership, and each partner thereof; or (c) the applicant corporation and each officer and director thereof (cover the 5 year period immediately preceding the date of this application, attach separate schedule if space insufficient).
1.

Name
2.

Office Held
3.

Name and Address of Business Conducted or Name and Address of Employer
4.

Nature of Business Conducted, or Business of Employer
5.

Nature of Employment
6.

Period of Employment (Give dates)
7.

Residence During Period was (City, street and number)
8.

Three References, Include Bank Reference (To be furnished by applicant)
               
               
               
 Are any of the individuals listed in item 5 also officers, directors, shareholders of, or in any other way participants in, other proprietorships, or corporations acting as mortgage brokers within the meaning of the Mortgage Brokers Act? If so, give full particulars (use separate sheet, if necessary).
...............................................................................................................................................................
..............................................................................................................................................................
Has the applicant or any partner, officer or director of the applicant been registered or licensed or is he now registered or licensed in any capacity under any law requiring the registration or licensing of mortgage brokers in any other province, state or country?
  Yes  No  If affirmative, give full particulars (use separate sheet, if necessary). .........................................
  ...............................................................................................................................................................
Has the applicant or any partner, officer or director of the applicant been refused a licence or registration under any law respecting registration or licensing of mortgage brokers in any province, state or country or has any licence or registration been suspended or cancelled under any such law? Yes  No  If affirmative, give full particulars (use separate sheet, if necessary). ...........................................................................................
  ...............................................................................................................................................................
10  Is the applicant or any partner, officer or director of the applicant presently engaged in any other business? If so, give full particulars (use separate sheet, if necessary). .........................................
  ...............................................................................................................................................................
11   Is the applicant licensed or registered to carry on business under any other Act of British Columbia or Parliament of Canada? If so, give full particulars (use separate sheet, if necessary).
  ...............................................................................................................................................................
12   Is there any unpaid judgment outstanding against the applicant or any other person listed in item 5? If so, give full particulars (use separate sheet, if necessary). ....................................................
  ...............................................................................................................................................................
13   (a)   Has the applicant individual or any partner of the applicant partnership or any officer or director of the applicant corporation, or the applicant corporation itself, ever been charged with, indicted for or convicted of any offence under any law of Canada or of any province, state or country, and
  (b)   are there any civil proceedings for damages or injunction now pending in respect of any such alleged conduct or conduct? If so, give full particulars (use separate sheet, if necessary).
  ...............................................................................................................................................................
14  Has the applicant individual or any partner of the applicant partnership or any officer or director of the applicant corporation, or the corporation itself, ever been charged with, indicted for or convicted of an offence under any of the following Acts of British Columbia or similar laws of any province, state or country? If so, give full particulars (use separate sheet, if necessary)
  (a)   The Securities Act or any law respecting the sale of securities;
  (b)   The Insurance Act or any law respecting the registration or licensing of insurance agents;
  (c)  The Real Estate Services Act or any law respecting the registration or licensing of persons providing real estate services within the meaning of that Act;
  (d)  The Credit Union Act1 or any law respecting the administration of credit unions
  ...............................................................................................................................................................
15  Which of the partners in the applicant partnership or which of the directors or officers of the applicant corporation will be actively engaged in business under the registration? .......................
  ...............................................................................................................................................................
16  Has the applicant corporation ever been declared a bankrupt or been subject to any proceedings under the Companies' Creditors Arrangement Act (Canada) or any winding-up proceeding? If so, give full particulars (use separate sheet, if necessary). ..........................................
  ...............................................................................................................................................................
17  If the applicant is a corporation, attach a list of the names and addresses of every person who beneficially owns, directly or indirectly, equity shares of the corporation carrying more than 10% of the voting rights attached to all equity shares of the corporation outstanding at the date of the application.
18  If the applicant is a partnership, attach a list of the names and addresses of every person having an interest, directly or indirectly, in the partnership showing the extent of such interest.
19  Attached hereto and marked as exhibits are applications in Form 2 from each partner, officer and director of the applicant named in question 5.
20  The regulations require registered mortgage brokers to file with their applications for registration financial reports in a form satisfactory to the registrar.
Dated at ...................................................................................... [date]
.................................................................................................... [Name of applicant]
By ............................................................................................... [Signature of applicant or director or partner]
.................................................................................................... (Official capacity)

Attached hereto and marked as exhibits are applications from each partner, officer and director of the applicant named in item 5, prepared in accordance with Form 2 of the regulations to the Act.

AFFIDAVIT

(By individual, applicant, or by one of the partners or directors, as case may be.)

Canada:



 
Province of British Columbia In the Matter of the Mortgage Brokers Act
To wit:  

I, ..........................................................................................................................[Name in full] of .................................................................................................................................... in the Province of ............................................................................., make oath and say

1 I am the applicant (or a partner or director of the applicant) herein for registration, and I signed the application.

2 The statements of fact made by me in the application are true.

Sworn before me at.................................................. 



 
in the Province of.....................................................  ...........................................................

 Signature of deponent
........................................................................[date]  

.........................................................................................

A Commissioner for Oaths in and for the

Province of British Columbia.

Form 2

[am. B.C. Reg. 518/2004, Sch. s. 13.]

MORTGAGE BROKERS ACT

APPLICATION FOR REGISTRATION AS A SUB-MORTGAGE BROKER

Application is made for registration under the Mortgage Brokers Act as a sub-mortgage broker, and the following statements of fact are made in respect thereof:

(a)  Name of intended employer (mortgage broker) .............................................................
(b)  Name of applicant in full ...............................................................................................
(c)  Place of residence ..................................................................................................
...................................................................Telephone No. ..........................................
(d)  State address for service in British Columbia .............................................................
........................................................................ (section 3 (3), Mortgage Brokers Act)
I have resided in British Columbia continuously for a period of .......................................... and I am currently resident of the Province, residing at the above address.
3   The following information constitutes full disclosure of the business activities and residences of

the applicant for the 5 year period immediately preceding the date of this application, including

periods when unemployed.
Name and Address of Employer, or Place of Activities When Unemployed Nature of Business of Employer Nature of Employment or Activity Period of Employment or Activity (Give exact dates) Residence During Period was— (City, street and number)
         
         
         
Has the applicant ever been charged with, indicted for or convicted of any offence under any law of Canada, or of any province, state or country? If so, give full particulars (use separate sheet, if necessary) .................................................................................................................
  ..............................................................................................................................................
Has the applicant ever been charged with, indicted for or convicted of an offence under any of the following Acts of British Columbia or similar laws of any province, state or country? If so, give full particulars (use separate sheet, if necessary).
  (a)  The Securities Act or any law respecting the sale of securities;
  (b)  The Insurance Act or any law respecting the registration of insurance agents;
  (c)  The Real Estate Services Act or any law respecting the registration or licensing of persons providing real estate services within the meaning of that Act;
  (d)  The Credit Union Act1 or any law respecting the administration of credit unions.
  ..............................................................................................................................................
Has the applicant ever been refused registration or a licence under any of the laws mentioned in item 5? If so, give full particulars (use separate sheet, if necessary). .........................................
  ...............................................................................................................................................
If the applicant has ever been registered or licensed under any of the laws mentioned in item 5, was the registration or licence ever cancelled or suspended? If so, give full particulars (use separate sheet, if necessary). ...................................................................................................
Has the applicant ever been registered or licensed under any of the laws mentioned in item 5 or been registered or licensed in any other capacity in British Columbia or any other province, state or country under any legislation which requires registration or licensing to deal with the public in any capacity? If so, give full particulars (use separate sheet, if necessary).
 Has the applicant in his personal capacity or any corporation or partnership of which he was an officer, director or partner been declared a bankrupt or been subject to any proceeding under the Companies' Creditors Arrangement Act (Canada) or any winding-up proceeding? If so, give full particulars (use separate sheet, if necessary).
10   To each of the following named persons the business reputation of the applicant is well known and reference may be made to them for further information (give 3 names, including one bank reference).
Name Post Office Address,

(Give city and street address)
Business or Occupation
     
     
     
11  Give the following detailed description of the applicant for identification purposes:
 
  Height ........................  Weight ..................  Complexion ...................................
  Date of birth .....................[Day, month, year] Place of birth .................................
  If born outside Canada, date of arrival in Canada .................................................................
  Citizenship .................................................... Number of passport, if any..........
  Build ..................................  Colour of Eyes.............. Colour of Hair ....................
  Sex .................... Marital status ......................................................................
  Distinguishing marks such as scars, tattoos, etc. ...................................................................
12    I have read the Mortgage Brokers Act.

Dated at ....................................................... ...............................................[date]

.....................................................................................................[Signature of applicant]

AFFIDAVIT

Canada:



 
Province of British Columbia  In the Matter of the Mortgage Brokers Act
To wit:   

I, ..........................................................................................................................[Name in full] of .................................................................................................................................... in the Province of ................................................................................, make oath and say

I am ...............................................................................................[Name in full] the applicant herein for registration, and I signed the application.
The statements of fact made by me in the within application are true.
Sworn before me at..................................................



 
in the Province of.....................................................  ...........................................................

Signature of deponent
........................................................................[date  

.........................................................................................

A Commissioner for Oaths in and for the

Province of British Columbia.

CERTIFICATE OF INTENDED EMPLOYER

(Mortgage Broker)

To the Superintendent:

Certified on the basis of a due and diligent inquiry made of the background of the applicant named on this form and other information available, the undersigned believes this person to be of good character and reputation and is qualified to perform the function and duties of a sub-mortgage broker.

Dated at ....................................................... ...............................................[date]

.....................................................................................................[Employer]

By ............................................................................................... (Title of official signing)

.................................................................................................... (Address of employer)

Form 3

MORTGAGE BROKERS ACT

APPLICATION FOR RENEWAL OF REGISTRATION

AS A MORTGAGE BROKER

Application is made for renewal of registration under the Mortgage Brokers Act for the period commencing .......................................[date]

Name .............................................................................................................[Name under which previous registration issued]
Business address .............................................................................................................................
Address of branch offices in British Columbia ..................................................................................
Have there been any changes in the facts set forth in the latest application on record in the office of the registrar?   Yes    No   If affirmative, give full particulars (use separate sheet, if

necessary).........................................................................................................................................................................
.............................................................................................................................................................................................

.....................................................................................................[Name of applicant]

Dated at ....................................................... ...............................................[date]

By ...............................................................................................[Signature of applicant or director or partner]

.....................................................................................................(Official capacity)

AFFIDAVIT

(By individual, applicant, or by one of the partners or directors, as case may be.)

Canada:



 
Province of British Columbia In the Matter of the Mortgage Brokers Act
To wit:   
I, .....................................................................................................................................................................................[Name in full] of
..................................................................................................................................................................................... in the Province of. 
..............................................................................................................................................., make oath and say
1 I am the applicant (or a partner or director of the applicant) herein for registration, and I signed the application.
2 The statements of fact made by me in the application are true.
Sworn before me at.................................................. 



 
in the Province of.....................................................  ...........................................................

Signature of deponent
.......................................................................[date  

.........................................................................................

A Commissioner for Oaths in and for the

Province of British Columbia.

Form 4

MORTGAGE BROKERS ACT

APPLICATION FOR RENEWAL OF REGISTRATION

AS A SUB-MORTGAGE BROKER

Application is made for renewal of registration under the Mortgage Brokers Act for the period commencing ............................. [date]

Name in full.............................................................................................................................
Place of residence .......................................................... Telephone No. ...............................
Have there been any changes in the facts set forth in the latest application on record in the office of the registrar?   Yes   No    If affirmative, give full particulars (use separate sheet, if necessary).............................................................................................................................
  .............................................................................................................................................

................................................................................[Signature of applicant]

AFFIDAVIT

Canada:



 
Province of British Columbia  In the Matter of the Mortgage Brokers Act
To wit:   
I, .....................................................................................................................................................................................[Name in full] of
..................................................................................................................................................................................... in the Province of. 
..............................................................................................................................................., make oath and say
1 I am the applicant herein for registration, and I signed the application.
2 The statements of fact made by me in the within application are true.
Sworn before me at..................................................



 
in the Province of.....................................................  ...........................................................

Signature of deponent
........................................................................[date  

.........................................................................................

A Commissioner for Oaths in and for the

Province of British Columbia.

Renewal of registration for above applicant is requested.

(To be completed by the mortgage broker)

.................................................................................[Signature of employer]

By .................................................................................(To be used by partnerships or companies only)

Dated at ....................................................... ...............................................[date]

.................................................................................[Signature of applicant]

Form 5

MORTGAGE BROKERS ACT

APPLICATION FOR REINSTATEMENT OF REGISTRATION

AS A SUB-MORTGAGE BROKER

Application is hereby made under the Mortgage Brokers Act for reinstatement of the registration of ............................................... to represent ..................................................... as a submortgage broker.

Place of residence .......................................................... Telephone No. ...............................
Address for service in British Columbia....................................................................................
Name of previous employer.....................................................................................................
Since the date of issue of my previous registration under the Mortgage Brokers Act, I have  have not  been the subject of any civil or criminal proceedings. (If in the affirmative, provide full particulars. Details of minor traffic offences need not be shown.)
Have there been any changes in the facts set forth in the previous application for registration on record, other than item 4? ..................................................................................(Answer yes or no)
If the answer to item 5 is "Yes" give full particulars of every change, using the same numbering for each item of change as it appears in that application form.

I hereby certify the foregoing information is complete and true.

Dated at ....................................................... ...............................................[date]

.....................................................................................................[Signature of applicant]

.....................................................................................................[Witness]

.....................................................................................................[Address]

.....................................................................................................[Occupation]

CERTIFICATE OF INTENDED EMPLOYER

(Mortgage Broker)

To the Superintendent:

Certified on the basis of a due and diligent inquiry made of the background of the applicant named on this form and other information available, the undersigned believes this person to be of good character and reputation and is qualified to perform the functions of a sub-mortgage broker.

Dated at ....................................................... .............................. [date]
..................................................................................................... [Employer]
By ............................................................................................... [Title of official signing]
..................................................................................................... [Address of employer]

Form 6

Repealed. [B.C. Reg. 187/2006, s. 4.]

Form 7

[en. B.C. Reg. 194/2000, s. 4.]

APPLICATION FOR AN ORDER

UNDER SECTION 6 (7.1) OF THE MORTGAGE BROKERS ACT

Whereas I, [name], Registrar of Mortgage Brokers, have authorized an inquiry into [describe the inquiry for which the order is sought], I hereby make application for an order, pursuant to section 6 (7.1) of the Mortgage Brokers Act, authorizing [name of person designated to carry out the order] to enter [describe the business premises, building, receptacle or place to be entered] for the purposes of carrying out an inspection, examination or analysis of records, property, assets or things that may reasonably relate to the subject matter of the inquiry.

This application is supported by the information contained in the attached Form 8, an oath of [name of person providing information on oath] indicating that there are reasonable and probable grounds to believe that there are records, property, assets or things that may reasonably relate to the subject matter of the inquiry at or in [describe the business premises, building, receptacle or place to be entered].

Dated at the City of [name of city]

Province of British Columbia

this ...... day of ..............[month], ..................[year]

.....................................................................................................[Signature of Registrar]

.....................................................................................................[Name of Registrar]

Registrar of Mortgage Brokers

Form 8

[en. B.C. Reg. 194/2000, s. 4.]

AFFIDAVIT IN SUPPORT OF AN APPLICATION FOR AN ORDER

UNDER SECTION 6 (7.1) OF THE MORTGAGE BROKERS ACT

I, [name of person swearing the oath], [occupation or title of person swearing the oath] make oath and say as follows:

[details of affidavit]

Sworn before me .............................................., ..........................

....................[month, day, year] at .......................

........................................................................................................[Signature of person swearing oath]

A ...................................................................... in and for the Province of British Columbia

Form 9

[en. B.C. Reg. 194/2000, s. 4.]

Form 10

[en. B.C. Reg. 194/2000, s. 4.]

1.R.S.B.C. 1979-79, repealed by 1989-47-317

[Provisions of the Mortgage Brokers Act, R.S.B.C. 1996, c. 313, relevant to the enactment of this regulation: sections 9.1 and 23]