Is it legal to lend money with interest in Canada?

Asked by: Sterling Spinka  |  Last update: October 8, 2026
Score: 4.2/5 (35 votes)

Yes, it is legal to lend money with interest in Canada, provided the annual interest rate does not exceed the criminal rate of 60% of the credit advanced. As of January 1, 2025, the maximum allowable interest rate has been lowered to 35% APR (annual percentage rate) on most loans. The rate must include all fees and penalties.

What is the maximum amount of interest allowed by law in Canada?

The Criminal Code makes it an offence to: (1) enter into an agreement or arrangement to receive interest at a rate exceeding 60 per cent; and, (2) actually receive interest at a rate exceeding 60 per cent.

Can I legally loan someone money with interest?

You can lend money at interest, provided that the interest rate falls within the appropriate legal guidelines. Most states have usury laws that limit the maximum amount of interest that a lender can charge. In addition, you should also consider the Applicable Funds Rate prescribed by the Internal Revenue Service (IRS).

How to lend money legally in Canada?

Put your agreement in writing

  1. Agreement: The parties must agree on the terms.
  2. Consideration: Each party must receive something of value.
  3. Intention: Both parties must intend the agreement to be legally binding.

Is private lending legal in Canada?

Each province in Canada has specific regulations governing the maximum allowable interest rates and fees that private lenders can charge. Comparing private mortgage rates with traditional lenders' rates can help borrowers understand the cost differences and make informed decisions.

Lend Money and Interest; What the law says?

23 related questions found

What is the interest rate for private lending in Canada?

Current Private Mortgage Rates in Canada 2026:

  • First Mortgages: 6.00% – 8.99%
  • Second Mortgages: 8.00% – 12.99%
  • Third Mortgages: 10.00% – 15.00%

Is it illegal to charge interest on a personal loan?

The Basic Rate: The California Constitution allows parties to contract for interest on a loan primarily for personal, family or household purposes at a rate not exceeding 10% per year. Note that as with all other percentages we are listing, this percentage is based on the unpaid balance.

Can anyone lend money with interest?

Any Indian above 18 years (resident or non-resident) or company with an active PAN Card and Indian bank account can lend with Lendbox. Lendbox is registered with RBI as an NBFC-P2P, and as per RBI regulations, all the funds deposited by lenders are parked in our escrow account before they are disbursed to borrowers.

Can I be chased for debt after 10 years in Canada?

Canada's base limitation period is six years; however, many provinces have lowered that time limit to 2 years. Is it legal for a debt collector to pursue a 20-year-old debt? Unfortunately, the answer is yes.

Can I loan my daughter $100,000?

You don't have to worry about family loans being subject to federal tax consequences if: You lend a child $10,000 or less, and the child does not use the money for investments, such as stocks or bonds. You lend a child $100,000 or less, and the child's net investment income is not more than $1,000 for the year.

Is it legal to charge 100% interest?

But yeah, so big picture California says 10%, that's what you can charge on a loan and if you exceed 10%, you have a usury problem.

Is lending money with interest illegal?

Even private loans that provide for repayment and interest are classed as credit transactions in terms of Section 8 (4) of the National Credit Act (except to family).

What is the new law in Canada 2025?

On December 15, 2025, the Government of Canada passed Bill C-3, An Act to amend the Citizenship Act. This legislation changes the first-generation limit to citizenship by descent. On this page, we explain what this change means, how to check if you're affected, and what you need to do before travelling to Canada.

What is the highest interest rate you can charge in Canada?

The criminal rate of interest makes it illegal for lenders to charge an interest rate of more than 60%. This rule applies to most lending products in Canada, including: Installment loans. Lines of credit.

What is the 11 word phrase to stop debt collectors?

The 11-word phrase often cited to stop debt collectors is "Please cease and desist all calls and contact with me, immediately," which leverages your rights under the Fair Debt Collection Practices Act (FDCPA) to halt most communication, though it must be sent in writing via certified mail to be legally binding, and collectors can still notify you of lawsuits. 

What happens to my debt if I leave Canada?

What happens if I leave Canada with debt? You won't be stopped at the border, but your debts remain active. Creditors and collection agencies can continue to pursue you, and your credit will be affected.

Is it illegal to loan people money with interest?

Can I lend money to a friend and charge interest? Yes, you can, but the tax ramifications can be tricky and complicated. You would have made interest on the money if you had kept it in an interest-bearing account, and that's one good reason to charge interest.

How to legally lend money with interest?

The best way to loan money to family, friends, or businesses

  1. Get it in writing! When lending money, a written Loan Agreement or Promissory Note is your best friend. ...
  2. Choose an appropriate amount of interest. ...
  3. Set an appropriate repayment timeline. ...
  4. Consider asking for collateral or a Deed of Trust.

Is private money lending legal?

The answer depends on the state in which you make the hard loan. As a private lender, you must comply with each state's usury and banking laws, and the rates you can charge are regulated. Furthermore, some states will not let you lend a certain amount without a license.

How much money can you legally loan someone?

Agree On The Amount Being Borrowed

Before anything can go into writing, both parties must agree on how much is being borrowed. There's no legal limit on how much one family member can loan another, but loans over $10,000 will have certain tax requirements, which we'll look at more closely below.

Can you go to jail for unpaid personal loans?

You cannot be arrested or sentenced to prison for not paying off debt such as student loans, credit cards, personal loans, car loans, home loans or medical bills. A debt collector can, however, file a lawsuit against you in state civil court to collect money that you owe.