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Are Private Lenders Legal and Regulated in Ontario? What to Check Before You Sign

Amarjit Mehta
Amarjit Mehta
Mortgage Agent Level 2 · Published Nov 5, 2026 · 7 min read
Key Takeaway

Private mortgages are legal in Ontario, and they are regulated. Lenders in the business generally need an FSRA licence unless exempt, you should use a Level 2 mortgage agent or broker, Canada's criminal interest rate caps annual cost at 35% including fees, and on a larger loan you should expect your own lawyer. Check licences before you sign.

People often ask whether private lenders are legal, safe or regulated. The short answer is that private mortgages are legal in Ontario and that there are real rules around them, but the rules do not make every deal a good one. Here is what the law says and what to check before you sign.

Who Needs a Licence to Lend in Ontario?

Ontario's Mortgage Brokerages, Lenders and Administrators Act says a person or business is a mortgage lender when it lends money in Ontario on the security of real property. Anyone carrying on business as a mortgage lender needs a licence from the Financial Services Regulatory Authority of Ontario (FSRA), unless an exemption applies. Banks and credit unions are exempt, and there are other specific exemptions, for example for lawyers acting for their clients in limited ways. The exemptions are technical, so the safest approach is to ask and to check, not to assume.

FSRA also says that if you need an alternative or private mortgage, you must work with a Level 2 mortgage agent or a mortgage broker. A Level 1 agent can arrange mortgages only with traditional lenders such as banks and credit unions. FSRA keeps a public list where you can check whether an individual or a business is licensed. It takes a minute, and it is worth doing before you share documents or pay anyone anything.

Is There a Limit on the Interest a Lender Can Charge?

Yes. Canada's Criminal Code treats an annual percentage rate above 35% as a criminal rate. Two details matter. First, the calculation counts all the charges of borrowing, including fees, commissions and similar charges, not just the stated interest rate. Second, the limit is a ceiling, not a benchmark. A deal can be well under it and still be expensive, which is why we suggest comparing the total cost, not only the rate. Federal regulations treat some loans to corporations for business purposes differently, so the rule is clearest for individuals borrowing for personal reasons.

If a lender or agent will not tell you the full cost of the loan in writing, treat that as a warning sign. We cover how fees work in private mortgage fees: who really pays.

Do You Need Your Own Lawyer on a Private Mortgage?

The Law Society of Ontario's rules say a lawyer, or lawyers in the same firm, must not act for both the lender and the borrower in a mortgage or loan transaction. There are exceptions. They include institutional lenders such as banks and credit unions, loans of $75,000 or less, a mortgage taken back by the seller as part of a sale, lenders and borrowers who are not at arm's length, and lawyers in remote locations with no other lawyer available. Even then the lawyer has to follow additional steps, and the Law Society tells lawyers to use extreme caution before acting for a borrower and a private lender.

In practice, on a larger loan from a private lender you should expect to have your own lawyer, separate from the lender's lawyer. Your lawyer acts for you alone. Be wary of anyone who suggests that one lawyer can handle both sides of a large private loan to save time or money.

What Are the Warning Signs of a Risky Private Lender?

One more reason to check first: FSRA cannot recover money on your behalf if something goes wrong. Questions are much easier to ask before signing than after.

What Should You Ask Before You Sign?

For a wider list of questions that separate one private lender from another, see private lenders in Ontario: what to ask before you choose one. This article is general information, not legal advice, and the rules can change, so speak to a lawyer about your own situation.

FAQ

Common Questions

Yes. Private mortgages are legal in Ontario. They are regulated by provincial law, which requires licensing for people in the business of lending or arranging mortgages unless an exemption applies, and by federal law, which sets a limit on the interest that can be charged.
Anyone carrying on business as a mortgage lender in Ontario generally needs a mortgage brokerage licence from FSRA, unless an exemption applies. Banks and credit unions are exempt, and there are other specific exemptions. Because exemptions are technical, ask the lender or agent directly and check FSRA's public list.
Canada's Criminal Code treats an annual percentage rate above 35% as a criminal rate, and the calculation includes fees and similar charges, not just the stated interest rate. Some business loans to corporations are treated differently under federal regulations. A rate under the limit can still be expensive, so compare the total cost.
On a larger loan from a private lender, generally yes. The Law Society of Ontario's rules say one lawyer must not act for both borrower and lender, with exceptions such as institutional lenders, loans of $75,000 or less, seller take-back mortgages, and lenders and borrowers who are not at arm's length.
FSRA keeps a public list of licensed mortgage brokerages, brokers and agents, and you can search it on FSRA's website. For a private mortgage, FSRA says to work with a Level 2 mortgage agent or a mortgage broker.

Related Reading

Private Lenders in Ontario: What to Ask Before You Choose One

Borrowing $100,000 on a Private Mortgage: What You Actually Receive and Owe

Bad Credit and Private Mortgages in Ontario: What Lenders Actually Look At

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Jessica · iDream Financial
AI Assistant · Ontario mortgages
General information only, not a mortgage commitment. Rates and calculator results shown are illustrative starting points.