Eligible Mortgage Loan Regulations

Marginal note:High ratio loans — before October 15, 2008

• 7 (1) The criteria set out in section 5 do not apply to a high ratio loan that meets the requirements of a mortgage or hypothecary loan insurance product that was offered by the mortgage insurer before October 15, 2008 if, before that date,

  • (a) the mortgage insurer received a mortgage or hypothecary insurance application in respect of the loan;

  • (b) the lender made a legally binding commitment to make the loan to the borrower; or

  • (c) the borrower entered into a legally binding agreement of purchase and sale in respect of the eligible residential property against which the loan is secured.

• Marginal note:High ratio loans — October 15, 2008 to April 18, 2010

  (2) The criteria set out in paragraphs 5(1)(b), (c), (d), (h) and (i) do not apply to a high ratio loan if it is scheduled to amortize over a period that does not exceed 35 years and, during the period beginning on October 15, 2008 and ending on April 18, 2010,

  • (a) the mortgage insurer received a mortgage or hypothecary insurance application in respect of the loan;

  • (b) the lender made a legally binding commitment to make the loan to the borrower; or

  • (c) the borrower entered into a legally binding agreement of purchase and sale in respect of the eligible residential property against which the loan is secured.

• Marginal note:High ratio loans — April 19, 2010 to March 17, 2011

  (3) The criteria set out in paragraphs 5(1)(b), (c), (d) and (h) do not apply to a high ratio loan if

  • (a) at the time the loan is approved, its principal amount, together with the outstanding balance of any loan having an equal or prior claim against the eligible residential property against which it is secured, is less than or equal to 90% of the value of the eligible residential property if the purpose of the loan does not include the purchase of that property;

  • (b) the loan is scheduled to amortize over a period that does not exceed 35 years;

  • (c) the mortgage insurer has calculated the gross debt service ratio and total debt service ratio in accordance with the method set out in subsection 5(3); and

  • (d) during the period beginning on April 19, 2010 and ending on March 17, 2011,

    • (i) the mortgage insurer received a mortgage or hypothecary insurance application in respect of the loan,

    • (ii) the lender made a legally binding commitment to make the loan to the borrower, or

    • (iii) the borrower entered into a legally binding agreement of purchase and sale in respect of the eligible residential property against which the loan is secured.

• Marginal note:High ratio loans — March 18, 2011 to June 21, 2012

  (4) The criteria set out in paragraphs 5(1)(b), (c), (d) and (h) do not apply to a high ratio loan if

  • (a) at the time the loan is approved, its principal amount, together with the outstanding balance of any loan having an equal or prior claim against the eligible residential property against which it is secured, is less than or equal to 85% of the value of the eligible residential property if the purpose of the loan does not include the purchase of that property;

  • (b) the loan is scheduled to amortize over a period that does not exceed 30 years;

  • (c) the mortgage insurer has calculated the gross debt service ratio and total debt service ratio in accordance with the method set out in subsection 5(3); and

  • (d) during the period beginning on March 18, 2011 and ending on June 21, 2012,

    • (i) the mortgage insurer received a mortgage or hypothecary insurance application in respect of the loan,

    • (ii) the lender made a legally binding commitment to make the loan to the borrower, or

    • (iii) the borrower entered into a legally binding agreement of purchase and sale in respect of the eligible residential property against which the loan is secured.

• Marginal note:High ratio loans — June 22, 2012 to July 8, 2012

  (5) The criteria set out in paragraphs 5(1)(b), (c), (d) and (h) do not apply to a high ratio loan in respect of which the mortgage insurer received a mortgage or hypothecary insurance application during the period beginning on June 22, 2012 and ending on July 8, 2012 if it meets the criteria set out in paragraphs (4)(a) to (c) and it is funded no later than

  • (a) December 31, 2012; or

  • (b) June 30, 2013, if it is documented as being scheduled to be funded no later than December 31, 2012 but is delayed due to unforeseen circumstances beyond the borrower’s control.