SlideShare ist ein Scribd-Unternehmen logo
1 von 11
Downloaden Sie, um offline zu lesen
1 of 11| P a g e
COLLECTION ACTS AND REGULATIONS ACROSS CANADA
Alberta British Columbia Manitoba New Brunswick
Newfoundland &
Labrador
Northwest
Territories &
Nunavut
Nova Scotia Ontario
Prince Edward
Island
Quebec Saskatchewan Yukon
GOVERNING
LEGISLATION
Fair Trading Act,
RSA 2000, c. F-2 &
Collection and
Debt Repayment
Practices
Regulation, Alta
Reg 194/1999
Business Practices
and Consumer
Protection Act
(Part 7) SBC 2004 c
2 & Debt
Collection Industry
Regulation, BC Reg
295/2004
Consumer
Protection Act
CCSM, c. C200
(Part XII)
Collection
Agencies Act,
RSNB 2011, c. 126
& General
Regulation, NB
Reg 84-256
Collections Act,
RSNL 1990, c. C-22
& Collections
Regulations, CNLR
986/96
Consumer
Protection Act,
RSNWT 1988, c. C-
17 & Debt
Collection Practice
Regulations R-049-
2003
Collection
Agencies Act, RSNS
1989, c77 &
Collection
Agencies
Regulations, NS
Reg 104/75
Collection and
Debt Settlement
Services Act, RSO
1990, c C.14 &
General
Regulation, RRO
1990, Reg 74
Collection
Agencies Act
RSPEI, 1988, c C-11
& General
Regulation,
The Act Respecting
the Collection of
Certain Debts
CQLR c R-2.2 &
Regulation
Respecting the
Application of the
Act
Collection Agents
Act R.S.S. 2000, c.
53 & Collection
Agents Regulation
Consumers
Protection Act
2002, c.40
Collection Agency
(“CA”) Licence
Must be licensed
(s.111(1)Act &
s.3(2)Reg.)
Must be licensed
(s.143 Act)
Must be licensed
(s.76(1)
Must be licensed
and notice of
license published
in Royal Gazette
(s.3(1) Act)
Must be registered
(s.12(1) Act)
Must be licensed
(s. 85(1) Act)
Must be licenced
(s.5(1)(a) Act)
Must be registered
if debtor or CA or
C is located in
Ontario when the
dealing takes place
(s.2(0.1)Act)
Must be licensed
(s.3(2) Act)
Must hold a
permit (s.7 Act)
Must be licensed
(s.4(a) Act)
Must be licensed
(see s.75 Act)
Collector (“C”)
Licence
Must be licensed
(s. 111(2) Act &
s.3(4) Reg.)
Must be licensed
(s.143 Act)
NO licence IF
employed by
licensed CA but is
subject to
registration
requirements
(s.76(2))
Must be licensed
and notice of
license published
in Royal Gazette
(s.3(1) Act)
Does not need to
be registered if C is
employed and
supervised by a
registered CA (s.13
Act)
Must be licensed
(s.85(2) Act)
Must be licenced
(s.5(1)(b) Act)
Must be registered
if debtor or CA or
C is located in
Ontario when the
dealing takes place
(s.2(0.1)Act)
Must be licensed
(s.3(1)Act)
Must hold a
permit (s.7 Act)
Must be licensed
(s.4(b)Act)
Must be licensed
(see s.75 Act)
Lawyers as
Collectors
Lawyers exempt
from “Collection
Practices” Part of
Act if acting in the
practice of their
profession (s.110
(2) Act)
Lawyers exempt
from requirement
to have a licence if
in the regular
practice of their
profession (s.3 (a)
Reg.)
Definition of CA
does NOT include
a barrister or
solicitor who is
entitled to practice
in Manitoba and
acting in that
capacity (s.1 (1)
Act does not apply
to members of the
Bar of the Province
of New Brunswick
(s.2(1)(a) Act) BUT
does apply to a
member of the Bar
of ANY PROVINCE
who carries on a
CA in a name
other than his or
her own (s.2(2)
Act)
Must be registered
if carrying on a CA
in a name other
than his or her
own BUT Act does
NOT apply to
lawyers in the
practice of his or
her profession or
to an articled clerk
under the
direction of a
lawyer in the
practice
(s.3(2)(Act)
Exempt from Act if
entitled to practice
in NWT and acting
in that capacity
(s.1 Act)
Act does not apply
to any barrister or
firm of barristers
of the Supreme
Court (s.3 Act)
Act does not apply
to a barrister or
solicitor in the
regular practice of
his or her
profession or to
his or her
employees
(s.2(1)(b) Act)
Act does not apply
to any solicitor or
barrister or firm of
solicitors and
barristers of the
Supreme Court of
PEI (s.5 Act)
Act does not apply
to an advocate or
a notary (s.6(1)
Act)
Act (except
s.29(2)) does not
apply to any
barrister or
solicitor or his
employee in the
regular practice of
his profession
(s.22(1)(a) Act)
A “collection
agent” does not
include a “lawyer
acting in that
capacity” (s.1(k)
Act)
Before Collection:
Originating
Information and
Identification
Requirements
If CA must use
name on licence
unless approval
from Director and
must provide CA
contact number
when leaving
message.
(s.12(1)(c)Reg.)
A C cannot
attempt to collect
or initiate verbal
communication
with debtor UNTIL
5 DAYS after
notifying debtor in
writing: name of
creditor, amount
Must provide
name of creditor,
balance owing and
identity and
authority of
person making the
demand for
payment (s.98(m))
Before attempting
to collect or
communicate with
debtor (via phone
or personal call)
must wait UNTIL 5
DAYS after
providing written
notice naming
Cannot
communicate in
any way with
debtor unless
debtor first
provided with
written notice
(s.12(1)(f) Reg)
Must provide
private written
notice, naming the
creditor, balance
owing, name of
CA, name of
individual
providing notice
and the authority
Cannot use verbal
communication
UNLESS notice
provided in writing
first (s.20(1)(f)Act)
Any written
communication:
by CA must use CA
Cannot demand
payment or
attempt to
demand payment
unless sent by
ordinary mail a
private written
notice with name
of creditor,
Cannot verbally
communicate with
debtor until 5
DAYS after sending
notice of payment
in paper form,
conforming to
model prescribed
by regulation
Cannot make a
demand by phone,
personal call or by
writing without
indicating name of
creditor, balance
of account, and
identity and
authority of
Cannot make any
demand for
payment by
phone, personal
call or in writing
without indicating
name of creditor,
balance owing,
and identity and
2 of 11| P a g e
COLLECTION ACTS AND REGULATIONS ACROSS CANADA
Alberta British Columbia Manitoba New Brunswick
Newfoundland &
Labrador
Northwest
Territories &
Nunavut
Nova Scotia Ontario
Prince Edward
Island
Quebec Saskatchewan Yukon
If C, cannot collect
or attempt to
collect a debt
without providing
i) name and ii)
name of CA
(s.12(1)(d) Reg.)
Cannot refuse to
provide
information on
request of debtor
of identity of
original and
current creditor of
the debt and
details of debt
((12(1)(t) Reg)
owing and identity
of CA
IF debtor has not
received notice,
must send notice
to address
provided by
debtor (s.115(1-3)
Act)
AND at time C
communicates
with debtor, C
must first indicate
name of creditor,
amount of debt
and identity and
authority of C to
collect debt (s.116
(3)Act)
creditor, balance
owing, name of
CA, name of C,
authority of CA or
C to collect
account (s.14(1)(j)
and 14(3) Reg)
Cannot
communicate or
attempt to
communicate by
any means
without indicating
name of creditor,
balance owing and
name of CA or
name of C and the
CA that s/he is
working for
(s.14(1)(k)Reg)
AND when
contacting debtor
by phone shall
immediately
identify as a CA
and cannot use
any device,
comment or
statement to infer
otherwise (s.12(2)
Reg)
in respect of debt
(s.1(2) Reg)
Must wait 10 DAYS
after written
notice is mailed or
5 DAYS after
written notice is
personally
delivered before
initiate verbal
contact (s.1(3)
Reg)
IF debtor advises
did not receive
written notice
must provide
written notice
(s.1(4) Reg)
Each time a CA or
C contacts a
debtor, must
provide name of
creditor, balance
owing, name of
CA, name of
individual and
authority with
respect to debt
(s.2 Reg)
licenced name
(s.26(1)Reg), by C
shall include name
and signature of C
and name of CA
(s.26 (2)(a)Reg)
any verbal
communication by
C must identify C’s
name, stated that
C is a licensed C
and the name of
the CA (s.26(2)(b)
Reg)
Cannot make a
demand by phone,
in person or
writing without
indicating name of
creditor, balance
and identity and
authority of
person making
demand (s.20
(1)(n) Act)
balance owing,
identity of CA or C
and authority of
CA or C to demand
payment
(s.21(1)(Reg)
No telephone call
or personal call
until 6th DAY after
mailing written
notice (s.21(2)
Reg) BUT written
demand for
payment CAN be
included in written
notice (s.21(3)
Reg)
If debtor says has
not received
notice must send
notice to address
provided by
debtor and wait
another 6 days
(s.21(4) Reg)
(s.34(1)Act)
Must wait another
5 DAYS after
sending a second
notice if debtor
advises s/he did
not receive first
one (s.34(1.1)Act)
With every
communication CA
or C must identity
self (s.4 Act)
person making call
(s.29(1)(k) Act)
authority of
person making
demand (s.72(m)
Act)
Contact Time
7am-10pm
(s.12(1)(g) Reg)
7am – 9pm (s.118
(2)(a) Act)
7am-9pm (s.98(j))
7am-9pm (14(1)(d)
Reg)
8am-10pm
(s.12(1)(c)Reg)
9am-7pm
(s.8(c)Reg)
8am-9pm
(s.20(1)(k)(ii) Act)
7am-9pm (Outside
these hours
allowed if at
request of person
being contacted)
(s.22(6)(1) Reg)
8am – 9pm
(s.5(f)Reg)
8am – 8pm
(s.34(4) Act)
8am-9pm
(s.29(1)(h)Act)
7am-9pm (s.72(j)
Act)
Sunday Calls
7am-10Pm
(s.12(1)(g)(Reg)
(No restrictions on
Sundays in Act or
Reg)
1pm-5pm
(s.118(2)(b) Act)
NO (s.98(j)
1pm-5pm
(s.14(1)(d)Reg)
8am-10pm
(s.12(1)(c)(Reg)
1pm-5pm (s.8(a)
Reg)
NO
(s.20(1)(k)(i)Act)
1pm-5pm (Outside
of these hours
allowed if at
request of person
being contacted)
(s.22(6)(1)Reg)
8am-9pm
(No other
restrictions in Act
or Reg)
NO
(s.34(4) Act)
NO
(s.29(1)(h) Act)
NO
(s.72(j)Act)
Holiday Calls
7am-10pm
(s.12(1)(g)No
Restrictions on
Holidays in Act or
NO
(s.118 Act)
NO
(s.98(j)
NO
((s.14(1)(d) Reg)
8am-10pm- No
restrictions in Act
or Reg.
NO
(s.8(b) Reg)
8am-9pm (No
restrictions stated
in Act or Reg)
NO (Specific
holidays listed at
s.22(7)(Reg)
(s.22(6)(1)(Reg)
8am-9pm (No
other restrictions
in Act or Reg)
NO
(s.34(4) Act)
NO
(s.29 (1)(h) Act)
NO
(s.72(j)Act)
3 of 11| P a g e
COLLECTION ACTS AND REGULATIONS ACROSS CANADA
Alberta British Columbia Manitoba New Brunswick
Newfoundland &
Labrador
Northwest
Territories &
Nunavut
Nova Scotia Ontario
Prince Edward
Island
Quebec Saskatchewan Yukon
Reg
Other Restrictions
on Contact
CANNOT exceed 3
unsolicited
contacts on behalf
of same creditor in
7 day period (not
including contact
with 3rd party to
locate, mistaken
contact with 3rd
party or by
traditional mail)
(s.12(1)(v)(Reg)
N/A N/A N/A N/A N/A N/A
Once CA or C
speaks with
person being
contacted by
phone call or
personal call the
CA or C cannot
contact person
more than 3 times
in a 7 day period
on behalf of the
same creditor (not
including ordinary
mail, contact
consented to or
requested or
contact of a
person other than
the debtor where
the purpose is to
locate the debtor
(s.22(6(2), 8-9)
Reg)
Cannot conduct
inquiries through
persons other than
the debtor to
demand payment
of the debt (s.5
(e)(i) Reg)
N/A N/A N/A
Communication /
Contact with
Others
NO
communication
with any person
about debt or
existence of debt
OTHER THAN with
debtor, guarantor
of debt, debtor’s
representative or
the creditor of the
debt, UNLESS
debtor provides
express consent
(s.12(1)(p)Reg)
AND CANNOT
contact debtor’s
spouse, partner,
relative neighbour,
friend or
acquaintance
UNLESS to obtain
address, or
NO
communication
with family,
relative,
neighbour, friend
or acquaintance
UNLESS to obtain
home address or
phone number of
debtor OR the
person contacted
is the guarantor
OR the debtor has
authorized the C
to discuss the debt
(s.117(1) Act)
Cannot give by
implication,
inference or
statement, any
false information
to any person that
may be
detrimental to
debtor or spouse
or common-law
partner (s.98(l))
Cannot make
phone calls or
personal calls of
such a nature or
with such
frequency as to
constitute
harassment of
ANY person in an
effort to
Cannot
communicate or
attempt to
communicate with
anyone other than
debtor UNLESS it is
at that person’s
request or with
the debtor’s
approval if at
debtor’s
employment
(s.14(1)(b- d) Reg)
Cannot
communicate with
debtor’s
acquaintances,
friends, relatives
or neighbours
UNLESS to obtain
debtor’s address
OR that person is
surety for the
debtor (s.12(1)(h)
Reg)
Cannot
communicate with
any member of
debtor’s family or
household, any
relative,
neighbour, friend
or acquaintance
UNLESS contacting
to obtain address
or phone number
OR the individual
guaranteed the
debt OR the
debtor, in writing,
has requested the
CA or C to contact
the individual and
s/h does not
object to contact
(s.5 Reg)
Cannot
communicate with
acquaintances,
friends, relatives
or neighbours
UNLESS person is a
surety OR to
obtain address of
debtor (s.20(1)(o)
Act)
Cannot contact
spouse, family or
household,
relative,
neighbour, friend
or acquaintance
UNLESS guarantor
of debt, debtor
has requested CA
or C to discuss
debt with that
person OR the CA
or C does not have
debtor’s home
address or phone
number and
contact is for SOLE
purpose of
obtaining
(s.22(3)Reg)
Cannot
communicate with
debtor’s relatives,
neighbours or
friends UNLESS to
obtain debtor’s
address (s.5(l)Reg)
Cannot include
debtor’s spouse in
court actions or
other attempts to
collect when only
one party is liable
for debt (s.5(b)
Act)
Cannot
communicate with
spouse, civil union
spouse, family,
friends,
acquaintances,
neighbours
EXCEPT on ONE
occasion ONLY to
obtain address or
phone number OR
if that person was
a surety (s.4 Act)
4 of 11| P a g e
COLLECTION ACTS AND REGULATIONS ACROSS CANADA
Alberta British Columbia Manitoba New Brunswick
Newfoundland &
Labrador
Northwest
Territories &
Nunavut
Nova Scotia Ontario
Prince Edward
Island
Quebec Saskatchewan Yukon
personal or
business phone
number (s.12(1)(l)
Reg)
determine the
whereabouts of a
debtor, spouse, or
common law
partner or family
(s.98(n))
Employer / Place
of Employment
NO contact with
employer UNLESS
to confirm
debtor’s
employment
status, business
title and address
of the business IN
PREPARATION for
legal proceedings
(s.12(1)(m) Reg)
NO contact at
place of
employment IF the
debtor requests
CA or C not
contact them
there, makes
reasonable
arrangements to
discuss the debt
AND discusses the
debt in
accordance with
arrangement
(s.12(1)(o) Reg.)
Cannot
communicate with
employer UNLESS
for purpose of
confirming
employment,
business title and
business address
OR if authorized in
writing by debtor
(s.117 (2) Reg.)
NO contact at
place of
employment
UNLESS contact
solely for purpose
of getting home
address or phone
number, C has
failed in attempts
to contact debtor
at home address
or phone number
(BUT can only
make ONE
attempt at work)
OR C had been
authorized by
debtor to contact
at work (s.116(1-2)
Act)
N/A
Cannot
communicate with
debtor or anyone
at debtor’s place
of employment,
except with
debtor’ approval
(s.14(1)(c)Reg.)
Cannot contact
debtor at place of
employment
(s.12(1)(a) Reg)
AND cannot
contact employer
without debtor’s
consent (s.12(1)(b)
Reg)
Cannot contact
debtor at place of
employment
UNLESS debtor
requests that they
do (s.3(1) Reg) OR
can contact debtor
at employment
ONLY ONCE to
obtain address or
phone number of
debtor if not
provided already
OR if CA or C has
made a number of
unsuccessful
attempts at phone
number already
provided by
debtor (s.3(2) Reg)
Cannot contact
employer UNLESS
they are guarantor
of debt OR it is in
respect of
payments from
employer pursuant
to a wage
assignment OR
payment for a
court order or
judgment in favour
of CA or creditor
OR the debtor has
authorized contact
of employer in
writing (s.4(1)(a-c
Reg)
ALSO may contact
employer ONCE a
year to verify
Cannot
communicate with
employer UNLESS
employer is surety
of debt OR to
obtain debtor’s
address (s.20(1)(o)
Act)
Cannot give or
threaten to give to
the person who
employs the
debtor, his spouse
or family member
ANY information
that may adversely
affect the
employment or
employment
opportunities of
the debtor, his
spouse or family
member
(s.20(1)(m) Act)
Cannot contact
employer UNLESS
employers is
guarantor, debtor
has provided
written
authorization to
contact employer,
contact occurs
only ONCE and is
for sole purpose of
confirming
debtor’s
employment,
business title,
and/or business
address
OR the contact is
in respect of
payments
pursuant to a
wage assignment
given to a credit
union or caisse
populaire OR an
order or judgment
by a court (s.4(a-
d)Reg)
Cannot
communicate with
debtor’s employer
UNLESS to obtain
debtor’s address
(s.5(l)Reg)
Cannot conduct
inquiries at place
of employment
without debtor’s
approval (s.5(e)(ii)
Reg)
Cannot contact
debtor or surety at
place of
employment
without express
authorization
EXCEPT on ONE
occasion which is
permitted if the
CA does not know
the address or
telephone number
of debtor or surety
OR the CA has
tried
unsuccessfully to
reach debtor or
surety at their
home number (s.4
Act)
Cannot contact
employer EXCEPT
on one occasion to
obtain address or
phone number OR
if employer is
surety (s.4 Act)
Cannot give or
threaten to give
inference or
statement to
employer of
debtor or spouse
or family member
information that
may adversely
affect their
employment or
employment
opportunities
(s.29(1)(j) Act)
5 of 11| P a g e
COLLECTION ACTS AND REGULATIONS ACROSS CANADA
Alberta British Columbia Manitoba New Brunswick
Newfoundland &
Labrador
Northwest
Territories &
Nunavut
Nova Scotia Ontario
Prince Edward
Island
Quebec Saskatchewan Yukon
debtor’s
employment,
business title, and
business address
(s.4(2) Reg)
Stop Contact
Cannot continue
to contact any
person who has
informed CA or C
they are not the
debtor OR the
debtor if s/he has
notified the CA or
C that the debt is
in dispute and
wants the matter
to go to court
(s.12(1)(k) OR
when the debtor
has notified the CA
in writing to
communicate only
with debtor’s
representative and
has provided
current address
and phone
number of
representative and
s/he makes
reasonable
arrangements to
discuss AND
discusses the debt
with CA Or C
(s.12(1)(n) Reg)
Must stop
communication
with debtor – 1)
except in writing if
debtor asks for
communication in
writing only and
has provided
mailing address
OR 2) except
through lawyer if
debtor asks and
provides address
of lawyer OR 3)
debtor notifies C
and the creditor
that debt is in
dispute and wants
to go to court
(s.116(4) Act)
Must stop demand
for payment if
debtor gives
notice by
registered mail to
CA of a claim for
set-off or counter-
claim UNTIL CA
has submitted
matter to court OR
the debtor and CA
have agreed in
writing to amount
still owing by
debtor in respect
of claim after
deducting amount
agreed on for set-
off or
counterclaim
(s.98(k))
If written notice
provided by
debtor – can only
communicate in
writing if address
provided, or with
legal advisor if
address provided,
or must stop
communication if
debtor has
provided notice to
the creditor and
CA or C by
registered mail
that debt is
disputed and
matter to go to
court.
(s.14(1)(l)(Reg.)
N/A
Must stop
communication
with debtor (other
than in writing) if
debtor has made a
written request to
communicate only
in writing AND has
provided the CA or
C with an address
at which the
debtor can be
contacted (s.12 (1)
Reg)
Also, must stop
communication
other than
through legal
counsel if debtor
has notified in
writing and
provided legal
counsel name,
address and phone
number (s.12(2)
Reg)
Also, must stop
communication if
notified in writing
that debt is in
dispute and wants
debt taken to
court UNLESS
debtor is not
represented by
legal counsel and
communication is
related to court
proceeding that
CA has express
Cannot
communicate with
debtor if debtor
has notified in
writing to
communicate with
legal advisor
(s.20(1)(e)Act)
Cannot contact
debtor unless
debtor consents or
requests contact IF
debtor has
notified by
registered mail
that debtor
disputes amount
and matter to be
taken to court
(s.22(1) Reg)
OR if debtor,
lawyer or licensed
paralegal sends CA
by registered mail
request for
communication
only with lawyer
or paralegal and
provides address
and phone
number CANNOT
contact debtor
unless debtor
consents or
requests contact
(s.22(2)Reg)
N/A
Cannot
communicate with
debtor when
notified in writing
to communicate
with legal advisor
(s.3(2) Act)
Cannot
communicate
verbally with
debtor if debt is
disputed and
debtor informs in
writing that
creditor may
proceed with legal
action (if collection
of a debt by
Government
prohibition only
applies as of 120
days following
demand for
payment)
(s.3(2.1)Act) and
s.34(2.1) Act)
Cannot
communicate
verbally with
debtor if debtor
advised in writing
requesting written
communication
only (s.34(2)Act)
N/A
Cannot make
further demand
for payment if
debtor gives
notice by
registered mail of
a claim of set-off
or counterclaim
until the matter is
submitted to court
OR the debtor and
CA have agreed in
writing to amount
still owing after
deducting for set-
off or
counterclaim
(s.72(k) Act)
6 of 11| P a g e
COLLECTION ACTS AND REGULATIONS ACROSS CANADA
Alberta British Columbia Manitoba New Brunswick
Newfoundland &
Labrador
Northwest
Territories &
Nunavut
Nova Scotia Ontario
Prince Edward
Island
Quebec Saskatchewan Yukon
written authority
to commence
(s.13 Reg)
Harassment
No use of
threatening,
profane,
intimidating or
coercive language;
no use of undue
excessive or
unreasonable
pressure OR no
use of telephone
or email to call of
send messages
excessively
(s.12(1)(i) Reg.)
Cannot
communicate with
a frequency as to
constitute
harassment
(s.114(1)Act)
Cannot use
threatening,
profane,
intimidating or
coercive language;
cannot exert
undue, excessive
or unreasonable
pressure; or
publish or
threaten to
publish a debtor’s
failure to pay
(s.114(2) Act)
Cannot make
phone or personal
calls of such a
nature or
frequency which
constitutes
harassment of
debtor, spouse,
common-law
partner or family
(s.98(f))
Cannot
communicate with
such frequency as
to constitute
harassment,
including using
threatening,
profane,
intimidating or
coercive language;
undue, excessive
or unreasonable
pressure or
making public or
threatening to
make public
debtor’s failure to
pay
(s.14(1)(a)Reg).
Cannot use
coercive language,
threaten loss of
employment or
loss of community
ranking
(s.12(1)(e)Reg)
Cannot make
phone or personal
calls of such a
nature or
frequency as to
constitute
harassment of
debtor, spouse or
member of his or
her family
(s.12(1)(g)
Cannot
communicate in
such a manner
with such
frequency using
such means or
using content of
such a nature as to
constitute
harassment of
debtor or
individual
contacted (s.7(1)
Reg)
Examples of
harassment
include use of
threatening,
profane,
intimidating or
coercive language;
use of undue,
excessive or
unreasonable
pressure; threat to
publish or
publication of
debtor’s failure to
pay debt (s.7(2)
Reg)
Cannot in any way
threaten, abuse or
intimidate a
debtor either
orally or in writing
to induce a person
to pay a debt
(s.20(1)(i) Act)
Cannot make
telephone calls or
personal calls or
written
communications
of such nature or
with such
frequency as to
constitute
harassment of
debtor, his spouse
or any member of
his family
(s.20(1)(j) Act)
Cannot publish or
threaten to
publish debtor’s
failure to pay
(s.22(6)(3)Reg)
Cannot use
threatening,
profane,
intimidating or
coercive language
(s.22(6)(4)Reg)
Cannot use undue,
excessive or
unreasonable
pressure
(s.22(6)(5)Reg)
Cannot otherwise
communicate in
such manner or
frequency as to
constitute
harassment
(s.22(6)(6)Reg)
Cannot use
coercive language,
cite loss of
employment or
loss of community
ranking (s.5(f)Reg)
OR make such
frequent
communication as
to constitute
harassment
(s.5(j)Reg)
OR give any false
or misleading
information
detrimental to a
debtor OR any
information that
may adversely
affect the debtor’s
employment or
that of any
member of his
family (s.5(k)Reg)
Cannot use
harassment,
threats or
intimidation (s.3(3)
Act)
Cannot disclose
information that
might cause injury
to the debtor, his
or her surety, their
married or civil
union spouses or
member of their
families (s.3(4)
Act)
Cannot threaten
to reveal debtor’s
failure to pay or
threaten to
publish failure to
pay or have
unfavourable
entry of it made
(s.34(5)
Cannot make
phone call or
personal calls of
such nature or
with such
frequency as to
constitute
harassment of the
debtor, his spouse,
or any member of
his family
(s.29(1)(g)Act)
Cannot make
phone calls or
personal calls of
such nature or
frequency as to
constitute
harassment of any
person in effort to
determine
whereabouts of
debtor, his spouse
or any member of
his family
(s.29(1)(l) Act)
Cannot make
phone or personal
calls of such a
nature or with
such frequency as
to constitute
harassment of the
debtor, the
debtor’s spouse or
family (s.72(f) Act)
Restrictions on
Fees
Cannot charge any
fee to a person for
whom CA or C acts
in addition to fees
provided under
agreement
(s.12(1)(b)(Reg.)
Cannot charge a
fee to a debtor
beyond the debt
that is due and
Cannot
communicate with
a person by a
means that results
in costs of that
communication
being payable by
that person (s.119
Act)
A C cannot collect
or attempt to
Cannot collect
amount greater
than amount
owing to creditor
and fees allowed
by any statute or
regulation made
thereunder
(s.98(a))
Notwithstanding
any agreement
Cannot
communicate with
a person by means
that enables the
charges or costs of
communication be
payable by the
debtor or other
person
(s.14(1)(e)Reg)
Notwithstanding
Cannot send a
telegram or make
a phone call for
which charges are
payable by the
addressee or
person to whom
the call is made
(s.11(1)(c)Act)
Cannot collect
money in addition
Cannot
communicate by a
means that would
result in charges of
that
communicated
being payable by
debtor or by
individual to
whom
communication
directed (s.9 Reg)
Cannot collect
money in excess of
amount owing by
debtor to creditor
(s.20(1)(a)Act)
Cannot make any
charge against a
person for whom a
CA acts in addition
to those in
agreement with
Cannot collect any
money in addition
to amount owing
by debtor (s.22(a)
Act)
Cannot
communicate by a
means that
enables the
charges or costs of
the
Cannot collect any
additional money
than what is owing
by the debtor
(s.5)(a)Reg)
Cannot send a
telegram or phone
call for which
charges are
payable by
addressee or
Cannot claim a
sum of money
from anyone other
than debtor or
surety (s.3(7) Act)
Cannot collect or
claim from a
debtor a sum of
money greater
than that which is
due (s.3(5) Act)
Cannot collect any
moneys in
addition to
amount owing by
debtor (s.29(1)(a)
Act)
Cannot make any
charge against a
person for whom
he acts in addition
to those contained
Cannot collect
greater amount
than the sum of
amount actually
owing AND the
amount of fees
allowed by any
statute or
regulations
thereunder
(s.72(a)(Act)
7 of 11| P a g e
COLLECTION ACTS AND REGULATIONS ACROSS CANADA
Alberta British Columbia Manitoba New Brunswick
Newfoundland &
Labrador
Northwest
Territories &
Nunavut
Nova Scotia Ontario
Prince Edward
Island
Quebec Saskatchewan Yukon
owing from the
debtor to the
creditor
EXCLUDING a
reasonable fee for
a dishonoured
cheque, if the fee
was disclosed to
the debtor in
writing prior to the
submission of the
cheque (s.12(1)(s)
Reg.)
collect money that
exceeds amount of
debt (s.120(a)Act)
A CA cannot
charge fees and
disbursements to
a debtor except as
authorized by an
enactment
(s.128(1)Act)
Despite an
agreement to
contrary with
debtor any
charges made or
incurred by CA or
creditor I
collecting debt are
NOT part of the
amount owing by
debtor AND a CA
must NOT collect
from debtor any
charges that are
not part of
amount owing by
debtor (s.128(4)
Act) (A bailiff’s
reasonable fees
and disbursements
are deemed to be
part of amount
owing by debtor –
s.128(3)Act)
between creditor
and debtor,
cannot collect any
fee or commission
payable by the
creditor to the CA
under any
agreement
between creditor
and CA (s.98(b))
OR cannot use a
telegram or phone
call to debtor
which debtor has
to pay for (s.98(c)
Cannot collect
from debtor
amount greater
than provided by
regulation for
acting for debtor
in making
arrangements or
negotiating with
creditors on behalf
of debtor or
receiving money
from debtor for
distribution to his
creditors (s.98(o)
Act)
No CA shall obtain
any benefit, from
the conduct of his
business as a CA
other than the
agreed schedule of
fees payable by
creditor and
amounts not in
excess of any fees
under the Act or
other Act or
regulations
(s.103(1) Act)
When CA has
any agreement to
contrary between
a debtor and
creditor, CANNOT
collect any
amount that
exceeds amount
owing by debtor,
including but not
limited to any
charges made or
incurred by the CA
or branch office of
the CA and any
charges incurred
by creditor for
services of the
CA(s.14(2)(b) Reg)
to the amount
owing by debtor
(s.11(1) Act)
Notwithstanding
an agreement to
the contrary
between debtor
and creditor, the
costs incurred by
CA or by creditor
in collecting debt
CANNOT be
considered to be a
part of the amount
owing by the
debtor and shall
not be recoverable
by the creditor or
by the CA (s.11(2)
Act)
Cannot add to the
amount owing by
the debtor any
charges made or
incurred by a CA
or C in respect of
the collection or
incurred by a
creditor in
employing a CA or
C (s.104.2(1) Act)
A CA or C cannot
collect or attempt
to collect any
money in addition
to the amount
owing on debt by
debtor (s.104.2(2)
Act)
that person
(s.20(1)(c)Act)
Cannot send any
telegram or make
a call for which the
charges are
payable by the
addresses or
person to whom
call made
(s.20(1)(d)Act)
Notwithstanding
any agreement to
the contrary
between a debtor
and creditor any
charges made or
incurred by the CA
or incurred by
creditor in
employing CA are
NOT part of the
amount owing by
the debtor and
CANNOT be
recoverable
(s.20(2)Act)
communication to
be payable by that
person (s.22(b)
Act)
Cannot receive or
make an
agreement for
additional
payment by
debtor either on
its own account or
for the creditor
and whether as a
charge, cost,
expense or
otherwise in
consideration for
any forbearance,
favour,
indulgence,
intercession or
other conduct by
the CA (s.22(c)Act)
Charges incurred
by a CA or C in
collecting a debt
or incurred by
creditor DO NOT
form part of the
debt owed by
debtor and cannot
attempt to collect
such charges
(s.25(1)(Reg)
HOWEVER, a CA or
C may collect as
part of the debt
owed all
reasonable
charges incurred
by CA or C for
debtor’s
DISHONOURED
CHEQUES IF
agreement
person called
(s.5(b)Reg) Cannot claim the
performance of an
obligation in
addition to that
which is owing,
particularly as a
collection fee or in
consideration of a
time allotted for
payment (s.34(7)
Act)
Cannot undertake
to assume the
judicial costs
which might be
incurred by reason
of the collection of
a debt (s.34(8) Act)
in the agreement
with that person
(s.29(1)(b) Act)
Cannot send any
telegram or make
any call for which
the charges are
payable by
addresses or the
person to whom
call made
(s.29(1)(c)Act)
Despite any
agreement to the
contrary between
the creditor and a
debtor cannot
collect any fee or
commission
payable by the
creditor to a CA
under any
agreement or
understanding
between the
creditor and CA
(s.72(b) Act)
Cannot send any
telegram or make
any call to a
debtor if charges
are payable by
addressee of
telegram or the
person to whom
call made
(s.72(c)Act)
Penalty for
wrongful
collection of debt
– if CA or creditor
charges a debtor
with any amount
not rightfully
collectible debtor
may recover from
the creditor an
amount equal to
three times the
amount of the
charge as a debt
due to the debtor
OR if amount has
not been paid or
partly paid – set-
off an amount
equal to three
times the amount
of the charges
8 of 11| P a g e
COLLECTION ACTS AND REGULATIONS ACROSS CANADA
Alberta British Columbia Manitoba New Brunswick
Newfoundland &
Labrador
Northwest
Territories &
Nunavut
Nova Scotia Ontario
Prince Edward
Island
Quebec Saskatchewan Yukon
collected from
debtor an amount
for his services
under clause
98(o)(above) CA
cannot collect a
fee or any amount
from the creditor
of that debtor with
respect to the
debt collected
(double fees
prohibited)
(s.103(2) Act
between creditor
and debtor
provides so and
sets out the
amount; the
creditor has
provided
information to
debtor and debtor
knows or
reasonably ought
to know of his or
her liability for
such charges OR
the collection of
such charges is
permitted by law
(s.25(2)Reg)
against the
amount rightfully
owing to creditor
(s.74(1) Act)
No CA shall obtain
any benefit, either
directly or
indirectly, from
the conduct of
business as a CA
other than the
agreed schedule
of fees payable by
the credit grantor
using the
collection agent’s
services in amount
not in excess of
any fees
prescribed under
this or any other
Act or regulations
made thereunder,
or any Act of
Parliament or
regulations made
thereunder.(s.76
Act)
Restrictions on
Use of Court
Forms Before
Litigation
A C cannot use,
without lawful
authority, a
summons, notice,
demand or other
document that
suggests or implies
a connection with
any court inside or
outside Canada
(s.123 Act)
No CA shall use
any form that, in
the opinion of the
director, is an
avoidance or
breach of the Act
(s.104)
Cannot use
without lawful
authority any
summons, notice,
demand or other
document
expressed in
language of
general style of
Cannot use
without lawful
authority any
summons, notice,
demand or other
document that
suggests or implies
a connection with
any court
(s.14(1)(i) Reg)
Cannot use
without lawful
authority a
summons, notice,
or demand or
other document
expressed in
language of the
general style of a
court of the
province
(s.11(1)(g) Act)
Cannot use
without lawful
authority, any
summons, notice,
demand or other
document that
suggests or implies
a connection with
any court
(s.10(2)(b) Reg)
Cannot use
without lawful
authority any
summons, notice
or demand or
other document
expressed in
language of the
general style or
purport of any
form used in any
court in the
Province or
printed in the
general
appearance of
such form
Cannot use
without lawful
authority, any
summons, notice,
demand or other
document that
states, suggest or
implies that it is
authorized or
approved by a
court in Canada or
another
jurisdiction
(s.24(c)Reg)
Cannot use any
notice having the
general
appearance of a
form used in any
court in the
province
(s.5(g)Reg)
Cannot use a
writing that might
be mistaken for a
document used,
authorized, issued
or approved by a
tribunal, a
government, a
municipality, or an
agency of any of
these (s.3(6) Act)
Cannot use
without lawful
authority any
summons, notice
or demand or
other document
expressing in
language of the
general style or
purport of any
form used in any
court in the
province or
printed or written
or in the general
appearance or
format of any such
Cannot use
without lawful
authority a
summons, notice
demand or other
document in
general language,
appearance or
format of any
form used in any
court in Yukon
(s.72(e)Act)
9 of 11| P a g e
COLLECTION ACTS AND REGULATIONS ACROSS CANADA
Alberta British Columbia Manitoba New Brunswick
Newfoundland &
Labrador
Northwest
Territories &
Nunavut
Nova Scotia Ontario
Prince Edward
Island
Quebec Saskatchewan Yukon
any form used in
any court in the
province or with
general
appearance of any
form used in court
in the province
(s.98(e))
(s.20(1)(h) Act) form (s.29(1(f) Act)
Representation as
Law Firm / Lawyer
/ Legal
Proceedings
Cannot indicate to
debtor or any
other person that
CA or C is part of a
law firm or legal
department of a
business, including
a legal department
of the CA itself or
of the creditor of
the debt
(s.12(1)(q)(Reg)
C cannot indicated
that it is a legal
collector, litigation
specialist or the
like (s.12(1)(r) Reg)
If debt assigned to
C, C cannot bring
or continue a legal
proceeding
UNLESS debtor
notified of
assignment OR
bring a legal
proceeding
UNLESS C gives
notice to debtor
that C intends to
bring proceeding
(s.121(1) Act)
A C must not
recommend to
creditor that a
legal proceeding
be brought
UNLESS C first tells
debtor intends to
recommend
proceeding BUT a
C must not
threaten or state
an intention to
bring or continue
legal proceeding
for recovery of
debt if no written
authority from
creditor or if no
lawful authority
(s.121 (2-4) Act)
Cannot verbally or
in writing attempt
to collect by
stating intention
or threat to
proceed with any
action for which
does not have
lawful authority
(s.98(d))
No CA shall
commence or
continue legal
proceedings in the
name of CA unless
debt has been
assigned to the CA
by written
instrument for
valuable
consideration and
written notice
provided to the
debtor (s.14(2)(a)
Reg)
Cannot commence
a legal proceeding
for the recovery
of debt in name of
CA if debt has
been assigned to
the CA, or
recommend to the
creditor to
commence legal
proceeding
UNLESS debtor has
been provided
with written
notice that CA
intends to (or
recommends to)
commence legal
proceedings
9s.14(2)(a-b) Reg)
Cannot threaten
or state an
intention to
commence legal
Cannot threaten
to proceed with an
action for which
CA or C does not
have authority
(s.12(1)(d) Reg)
Cannot raise an
action in its own
name for
recovering a debt
on behalf of a
client (s.13 Reg)
No CA or C shall
threaten to
proceed with any
action which the
CA or C does not
have lawful
authority (s.14
Reg)
Cannot threaten
commencement of
court proceeding
or intention to
commence court
proceeding on
behalf of creditor
unless creditor has
provided CA with
express written
authority
(s.15(1)Reg)
No CA or C shall
recommend to
creditor to
commence court
proceeding
without providing
written notice to
debtor that CA or
C intends to make
recommendation
(s.15(2) Reg) AND
NO CA or C can
commence court
proceedings unless
written notice
provided to debtor
that CA intends to
commence
Cannot commence
or continue an
action for recovery
of debt in name of
CA or C as plaintiff
unless such debt
has been assigned
to the CA or C in
good faith by
instrument in
writing for
valuable
consideration and
notice of
assignment has
been given to
debtor (s.20(1)(p)
Act)
Cannot threaten
or state an
intention to
commence a legal
proceeding unless
the CA or C has
the written
authority of the
creditor or the
proceeding is not
otherwise
prohibited by law
(s.23(1)Reg)
No CA or C shall
recommend to a
creditor that a
legal proceeding
be commenced
unless CA or C first
gives notice to
debtor of
intention to give
recommendation
(s.23(2)
No CA or C shall
commence legal
proceedings in
name of creditor
unless CA or C has
written authority;
OR as Plaintiff
unless creditor has
assigned the debt
by written
instrument for
valuable
consideration, if
proceeding
Cannot threaten
to proceed with
any action for
which he does not
have lawful
authority (s.5(h)
Reg)
Cannot include
debtor’s spouse in
court actions or
other attempts to
collect when only
one party is liable
for debt (s.5(c)
Reg)
Cannot represent
that failing
payment judicial
proceedings will
be instituted
(s.34(6) Act)
Cannot represent
that failing
payment the
debtor is liable to
arrest or penal
proceedings (s.3(1)
Cannot commence
or continue an
action for recovery
of a debt in the
name of CA as
plaintiff UNLESS
debt has been
assigned to CA in
good faith by
instrument in
writing for
valuable
consideration and
notice of
assignment has
been given to
debtor (s.29(1)(m)
Act)
Cannot verbally or
in writing, collect
or attempt to
effect seizure of
goods by stating
intention or threat
to proceed with
any action for
which the person
does not have
lawful authority (s.
72(d)Act)
10 of 11| P a g e
COLLECTION ACTS AND REGULATIONS ACROSS CANADA
Alberta British Columbia Manitoba New Brunswick
Newfoundland &
Labrador
Northwest
Territories &
Nunavut
Nova Scotia Ontario
Prince Edward
Island
Quebec Saskatchewan Yukon
proceeding for
which the CA does
not have written
authority from
creditor or for
which there is no
lawful authority
(s.14(1)(f) Reg)
proceedings
(s.15(3) Reg)
A CA shall not start
or continue any
court proceeding
unless a creditor
has by written
instrument
assigned the debt
to CA in good faith
and for valuable
consideration and
written notice
provided to debtor
(s.104.3 Act)
already
commenced the
CA or C has given
written notice to
debtor of
assignment, if
proceeding not
commenced the
CA or C must
provide written
notice of
assignment and
notice of intention
to commence a
legal proceeding
(s.23(3)(Reg)
Miscellaneous /
Agreements /
Assignment
Cannot make any
arrangement with
a debtor to accept
a sum of money
less than amount
owing as final
settlement
without prior
consent from
creditor (s.12(1)(e)
Reg.)
Cannot cancel or
alter a payment
agreement with
debtor if s/he has
complied and
financial
circumstances
have not changed
materially, UNLESS
debtor has
misrepresented
financial
circumstances
(s.12(1)(w) Reg)
A term of an
agreement
entered into by a
CA is void if
misrepresents
Cannot assign an
account to a CA
without first
cancelling in
writing any
previous
assignment to any
other CA; but one
CA can act for or
on behalf of
another CA or a
barrister or
solicitor (s.98(g)
Cannot enter into
an agreement with
a person for whom
the CA acts unless
a copy of the form
of the agreement
is filed with the
registrar
(s.11(1)(d) Act)
Cannot enter into
any agreement
with a person for
whom the CA acts
unless a copy of
the form of the
agreement is filed
with the Registrar
(s.29(1)(d)Act)
Cannot refer or
assign an account
for collection or
seizure of goods
to a collection
agent without first
cancelling in
writing any
previous referral
or assignment to
any other
collection agent;
but one collection
agent may act for
or on behalf of
another collection
agent or a lawyer;
(s.72(g)Act)
11 of 11| P a g e
COLLECTION ACTS AND REGULATIONS ACROSS CANADA
Alberta British Columbia Manitoba New Brunswick
Newfoundland &
Labrador
Northwest
Territories &
Nunavut
Nova Scotia Ontario
Prince Edward
Island
Quebec Saskatchewan Yukon
rights and powers
of person
collecting,
misrepresents
obligations or legal
liabilities of
debtor, is
misleading or
otherwise
contravenes Act or
Reg (s.12(2)(Reg)
Cannot enter into
or arrange any
wage assignments
with debtor or
employer
(s.12(1)(u) Reg)

Weitere ähnliche Inhalte

Was ist angesagt?

North memorial ra and cap march 2016 (508)
North memorial ra and cap march 2016 (508)North memorial ra and cap march 2016 (508)
North memorial ra and cap march 2016 (508)Alex Slaney
 
Chapter 9 and PREPA: it’s in the agreement. And the precedent
Chapter 9 and PREPA: it’s in the agreement. And the precedentChapter 9 and PREPA: it’s in the agreement. And the precedent
Chapter 9 and PREPA: it’s in the agreement. And the precedentMaria de los Angeles TRIGO
 
King county-superior-court-order-on-rha-v-city-of-seattle-22421
King county-superior-court-order-on-rha-v-city-of-seattle-22421King county-superior-court-order-on-rha-v-city-of-seattle-22421
King county-superior-court-order-on-rha-v-city-of-seattle-22421Roger Valdez
 
Raleigh Orthopedic RA and CAP April 2016
Raleigh Orthopedic RA and CAP April 2016Raleigh Orthopedic RA and CAP April 2016
Raleigh Orthopedic RA and CAP April 2016Alex Slaney
 
2009.08.07 nance sued by Introgen debtors for excessive expenditures
2009.08.07 nance sued by Introgen debtors for excessive expenditures2009.08.07 nance sued by Introgen debtors for excessive expenditures
2009.08.07 nance sued by Introgen debtors for excessive expendituresHindenburg Research
 
Cancer Care Group HIPAA Settlement Agreement
Cancer Care Group HIPAA Settlement AgreementCancer Care Group HIPAA Settlement Agreement
Cancer Care Group HIPAA Settlement Agreementdata brackets
 
Review Action No. 3 of 2012 (1) (1)
Review Action No. 3 of 2012 (1) (1)Review Action No. 3 of 2012 (1) (1)
Review Action No. 3 of 2012 (1) (1)Chandrasiri kotigala
 
HIPAA Security Rule consent agreement with OCR
HIPAA Security Rule consent agreement with OCRHIPAA Security Rule consent agreement with OCR
HIPAA Security Rule consent agreement with OCRDavid Sweigert
 
Significant changes to the specific relief act, 1963
Significant changes to the specific relief act, 1963Significant changes to the specific relief act, 1963
Significant changes to the specific relief act, 1963Shivani Khanna
 
NYP RA and CAP april 2016
NYP RA and CAP april 2016 NYP RA and CAP april 2016
NYP RA and CAP april 2016 data brackets
 
The Civil Rights Act 1991
The Civil Rights Act 1991The Civil Rights Act 1991
The Civil Rights Act 1991Chuck Thompson
 
Louisiana HB 682 Removes Taxes from Gold & Silver Bullion
Louisiana HB 682 Removes Taxes from Gold & Silver BullionLouisiana HB 682 Removes Taxes from Gold & Silver Bullion
Louisiana HB 682 Removes Taxes from Gold & Silver BullionSteven Reta
 

Was ist angesagt? (16)

North memorial ra and cap march 2016 (508)
North memorial ra and cap march 2016 (508)North memorial ra and cap march 2016 (508)
North memorial ra and cap march 2016 (508)
 
Chapter 9 and PREPA: it’s in the agreement. And the precedent
Chapter 9 and PREPA: it’s in the agreement. And the precedentChapter 9 and PREPA: it’s in the agreement. And the precedent
Chapter 9 and PREPA: it’s in the agreement. And the precedent
 
King county-superior-court-order-on-rha-v-city-of-seattle-22421
King county-superior-court-order-on-rha-v-city-of-seattle-22421King county-superior-court-order-on-rha-v-city-of-seattle-22421
King county-superior-court-order-on-rha-v-city-of-seattle-22421
 
QSC05-262
QSC05-262QSC05-262
QSC05-262
 
10000001200
1000000120010000001200
10000001200
 
Raleigh Orthopedic RA and CAP April 2016
Raleigh Orthopedic RA and CAP April 2016Raleigh Orthopedic RA and CAP April 2016
Raleigh Orthopedic RA and CAP April 2016
 
Standstill Writing Sample
Standstill Writing SampleStandstill Writing Sample
Standstill Writing Sample
 
Affinity agreement
Affinity agreementAffinity agreement
Affinity agreement
 
2009.08.07 nance sued by Introgen debtors for excessive expenditures
2009.08.07 nance sued by Introgen debtors for excessive expenditures2009.08.07 nance sued by Introgen debtors for excessive expenditures
2009.08.07 nance sued by Introgen debtors for excessive expenditures
 
Cancer Care Group HIPAA Settlement Agreement
Cancer Care Group HIPAA Settlement AgreementCancer Care Group HIPAA Settlement Agreement
Cancer Care Group HIPAA Settlement Agreement
 
Review Action No. 3 of 2012 (1) (1)
Review Action No. 3 of 2012 (1) (1)Review Action No. 3 of 2012 (1) (1)
Review Action No. 3 of 2012 (1) (1)
 
HIPAA Security Rule consent agreement with OCR
HIPAA Security Rule consent agreement with OCRHIPAA Security Rule consent agreement with OCR
HIPAA Security Rule consent agreement with OCR
 
Significant changes to the specific relief act, 1963
Significant changes to the specific relief act, 1963Significant changes to the specific relief act, 1963
Significant changes to the specific relief act, 1963
 
NYP RA and CAP april 2016
NYP RA and CAP april 2016 NYP RA and CAP april 2016
NYP RA and CAP april 2016
 
The Civil Rights Act 1991
The Civil Rights Act 1991The Civil Rights Act 1991
The Civil Rights Act 1991
 
Louisiana HB 682 Removes Taxes from Gold & Silver Bullion
Louisiana HB 682 Removes Taxes from Gold & Silver BullionLouisiana HB 682 Removes Taxes from Gold & Silver Bullion
Louisiana HB 682 Removes Taxes from Gold & Silver Bullion
 

Andere mochten auch

Manually remove surfvox.com from computer step by step
Manually remove surfvox.com from computer step by stepManually remove surfvox.com from computer step by step
Manually remove surfvox.com from computer step by stepharoNaroum
 
سیستم مدیریت اسناد بانک
سیستم مدیریت اسناد بانکسیستم مدیریت اسناد بانک
سیستم مدیریت اسناد بانکReza Sahebozamani
 
World Bank Group presentation on the Global Financing Facility at the Paracle...
World Bank Group presentation on the Global Financing Facility at the Paracle...World Bank Group presentation on the Global Financing Facility at the Paracle...
World Bank Group presentation on the Global Financing Facility at the Paracle...Emmanuel Mosoti Machani
 
Presentation business critical applications in a virtual env
Presentation   business critical applications in a virtual envPresentation   business critical applications in a virtual env
Presentation business critical applications in a virtual envsolarisyourep
 
2-Stage-R&D-Project-Selection
2-Stage-R&D-Project-Selection2-Stage-R&D-Project-Selection
2-Stage-R&D-Project-SelectionC S Krishna
 
V mware v fabric 5 - what's new technical sales training presentation
V mware v fabric 5 - what's new technical sales training presentationV mware v fabric 5 - what's new technical sales training presentation
V mware v fabric 5 - what's new technical sales training presentationsolarisyourep
 
Demand for Trainers: The Growing Importance of Employee Development
Demand for Trainers: The Growing Importance of Employee DevelopmentDemand for Trainers: The Growing Importance of Employee Development
Demand for Trainers: The Growing Importance of Employee Developmentramtraining
 
Top 8 art music therapist resume samples
Top 8 art music therapist resume samplesTop 8 art music therapist resume samples
Top 8 art music therapist resume samplesAnnettLouisan678
 
V cloud director 5.1 what's new overview technical presentation
V cloud director 5.1 what's new overview   technical presentationV cloud director 5.1 what's new overview   technical presentation
V cloud director 5.1 what's new overview technical presentationsolarisyourep
 
Is the stock market about to collapse and what can you do about it
Is the stock market about to collapse and what can you do about itIs the stock market about to collapse and what can you do about it
Is the stock market about to collapse and what can you do about itAustralianInvestmentEducation
 
Get rid of ads by luckybrowse adware
Get rid of ads by luckybrowse adwareGet rid of ads by luckybrowse adware
Get rid of ads by luckybrowse adwareharoNaroum
 
Top 8 administrative receptionist resume samples
Top 8 administrative receptionist resume samplesTop 8 administrative receptionist resume samples
Top 8 administrative receptionist resume samplesAnnettLouisan678
 
ข้อสอบ 7 วิชาสามัญ ภาษาอังกฤษ
ข้อสอบ 7 วิชาสามัญ ภาษาอังกฤษข้อสอบ 7 วิชาสามัญ ภาษาอังกฤษ
ข้อสอบ 7 วิชาสามัญ ภาษาอังกฤษSunisa Suni
 

Andere mochten auch (19)

Manually remove surfvox.com from computer step by step
Manually remove surfvox.com from computer step by stepManually remove surfvox.com from computer step by step
Manually remove surfvox.com from computer step by step
 
سیستم مدیریت اسناد بانک
سیستم مدیریت اسناد بانکسیستم مدیریت اسناد بانک
سیستم مدیریت اسناد بانک
 
Proofs of God
Proofs of God Proofs of God
Proofs of God
 
DaJanay Velez-1.ppt
DaJanay Velez-1.pptDaJanay Velez-1.ppt
DaJanay Velez-1.ppt
 
World Bank Group presentation on the Global Financing Facility at the Paracle...
World Bank Group presentation on the Global Financing Facility at the Paracle...World Bank Group presentation on the Global Financing Facility at the Paracle...
World Bank Group presentation on the Global Financing Facility at the Paracle...
 
Presentation business critical applications in a virtual env
Presentation   business critical applications in a virtual envPresentation   business critical applications in a virtual env
Presentation business critical applications in a virtual env
 
2-Stage-R&D-Project-Selection
2-Stage-R&D-Project-Selection2-Stage-R&D-Project-Selection
2-Stage-R&D-Project-Selection
 
236
236236
236
 
V mware v fabric 5 - what's new technical sales training presentation
V mware v fabric 5 - what's new technical sales training presentationV mware v fabric 5 - what's new technical sales training presentation
V mware v fabric 5 - what's new technical sales training presentation
 
CULTURA DE PAZ
CULTURA DE PAZCULTURA DE PAZ
CULTURA DE PAZ
 
Demand for Trainers: The Growing Importance of Employee Development
Demand for Trainers: The Growing Importance of Employee DevelopmentDemand for Trainers: The Growing Importance of Employee Development
Demand for Trainers: The Growing Importance of Employee Development
 
Top 8 art music therapist resume samples
Top 8 art music therapist resume samplesTop 8 art music therapist resume samples
Top 8 art music therapist resume samples
 
V cloud director 5.1 what's new overview technical presentation
V cloud director 5.1 what's new overview   technical presentationV cloud director 5.1 what's new overview   technical presentation
V cloud director 5.1 what's new overview technical presentation
 
Raj cv[1]
Raj   cv[1]Raj   cv[1]
Raj cv[1]
 
Resume luehrmann
Resume luehrmannResume luehrmann
Resume luehrmann
 
Is the stock market about to collapse and what can you do about it
Is the stock market about to collapse and what can you do about itIs the stock market about to collapse and what can you do about it
Is the stock market about to collapse and what can you do about it
 
Get rid of ads by luckybrowse adware
Get rid of ads by luckybrowse adwareGet rid of ads by luckybrowse adware
Get rid of ads by luckybrowse adware
 
Top 8 administrative receptionist resume samples
Top 8 administrative receptionist resume samplesTop 8 administrative receptionist resume samples
Top 8 administrative receptionist resume samples
 
ข้อสอบ 7 วิชาสามัญ ภาษาอังกฤษ
ข้อสอบ 7 วิชาสามัญ ภาษาอังกฤษข้อสอบ 7 วิชาสามัญ ภาษาอังกฤษ
ข้อสอบ 7 วิชาสามัญ ภาษาอังกฤษ
 

Ähnlich wie Collection Acts and Regulations - Cross-Canada

Enflintoncomplaint01112011
Enflintoncomplaint01112011Enflintoncomplaint01112011
Enflintoncomplaint01112011Finance Magnates
 
300.08 notice to appear (citation) control, issuance, voiding, correction a...
300.08 notice to appear (citation)   control, issuance, voiding, correction a...300.08 notice to appear (citation)   control, issuance, voiding, correction a...
300.08 notice to appear (citation) control, issuance, voiding, correction a...No Kill Shelter Alliance
 
Records Retention And Destruction Policies
Records Retention And Destruction PoliciesRecords Retention And Destruction Policies
Records Retention And Destruction PoliciesRichard Austin
 
Municipal Sales & Use Tax Collections and Enforcement
Municipal Sales & Use Tax Collections and EnforcementMunicipal Sales & Use Tax Collections and Enforcement
Municipal Sales & Use Tax Collections and Enforcementmlbenham
 
Securities and Exchange Commission Cease & Desist Order Against KBR, Inc.
Securities and Exchange Commission Cease & Desist Order Against KBR, Inc.Securities and Exchange Commission Cease & Desist Order Against KBR, Inc.
Securities and Exchange Commission Cease & Desist Order Against KBR, Inc.Workplace Investigations Group
 
Jayalalithaa verdi 2402548a
Jayalalithaa verdi 2402548aJayalalithaa verdi 2402548a
Jayalalithaa verdi 2402548aAsim Ayaz
 
Selph v. commissioner
Selph v. commissionerSelph v. commissioner
Selph v. commissionerjrbampfield
 
Selph v. commissioner
Selph v. commissionerSelph v. commissioner
Selph v. commissionerjrbampfield
 
Fair Credit Reporting Act
Fair Credit Reporting Act Fair Credit Reporting Act
Fair Credit Reporting Act driverajmls
 
Legal Provisions Handout.ppt
Legal Provisions Handout.pptLegal Provisions Handout.ppt
Legal Provisions Handout.pptspammid8
 
Employee class action v Google, Apple, Intel and others
Employee class action v Google, Apple, Intel and othersEmployee class action v Google, Apple, Intel and others
Employee class action v Google, Apple, Intel and othersDennis Howlett
 
Gjc pay-committee-complaint
Gjc pay-committee-complaintGjc pay-committee-complaint
Gjc pay-committee-complaintAdam Francis
 

Ähnlich wie Collection Acts and Regulations - Cross-Canada (20)

Enfgrahamcomplaint110810
Enfgrahamcomplaint110810Enfgrahamcomplaint110810
Enfgrahamcomplaint110810
 
Enflintoncomplaint01112011
Enflintoncomplaint01112011Enflintoncomplaint01112011
Enflintoncomplaint01112011
 
ea2008-027
ea2008-027ea2008-027
ea2008-027
 
ea2008-027
ea2008-027ea2008-027
ea2008-027
 
300.08 notice to appear (citation) control, issuance, voiding, correction a...
300.08 notice to appear (citation)   control, issuance, voiding, correction a...300.08 notice to appear (citation)   control, issuance, voiding, correction a...
300.08 notice to appear (citation) control, issuance, voiding, correction a...
 
Records Retention And Destruction Policies
Records Retention And Destruction PoliciesRecords Retention And Destruction Policies
Records Retention And Destruction Policies
 
Municipal Sales & Use Tax Collections and Enforcement
Municipal Sales & Use Tax Collections and EnforcementMunicipal Sales & Use Tax Collections and Enforcement
Municipal Sales & Use Tax Collections and Enforcement
 
Securities and Exchange Commission Cease & Desist Order Against KBR, Inc.
Securities and Exchange Commission Cease & Desist Order Against KBR, Inc.Securities and Exchange Commission Cease & Desist Order Against KBR, Inc.
Securities and Exchange Commission Cease & Desist Order Against KBR, Inc.
 
Jayalalithaa verdi 2402548a
Jayalalithaa verdi 2402548aJayalalithaa verdi 2402548a
Jayalalithaa verdi 2402548a
 
Selph v. commissioner
Selph v. commissionerSelph v. commissioner
Selph v. commissioner
 
Selph v. commissioner
Selph v. commissionerSelph v. commissioner
Selph v. commissioner
 
Fair Credit Reporting Act
Fair Credit Reporting Act Fair Credit Reporting Act
Fair Credit Reporting Act
 
10000001203
1000000120310000001203
10000001203
 
10000001206
1000000120610000001206
10000001206
 
Legal Provisions Handout.ppt
Legal Provisions Handout.pptLegal Provisions Handout.ppt
Legal Provisions Handout.ppt
 
LAND ACQUISITION ACT-1894
LAND ACQUISITION  ACT-1894LAND ACQUISITION  ACT-1894
LAND ACQUISITION ACT-1894
 
Employee class action v Google, Apple, Intel and others
Employee class action v Google, Apple, Intel and othersEmployee class action v Google, Apple, Intel and others
Employee class action v Google, Apple, Intel and others
 
Gjc pay-committee-complaint
Gjc pay-committee-complaintGjc pay-committee-complaint
Gjc pay-committee-complaint
 
2007_10k
2007_10k2007_10k
2007_10k
 
2007_10k
2007_10k2007_10k
2007_10k
 

Collection Acts and Regulations - Cross-Canada

  • 1. 1 of 11| P a g e COLLECTION ACTS AND REGULATIONS ACROSS CANADA Alberta British Columbia Manitoba New Brunswick Newfoundland & Labrador Northwest Territories & Nunavut Nova Scotia Ontario Prince Edward Island Quebec Saskatchewan Yukon GOVERNING LEGISLATION Fair Trading Act, RSA 2000, c. F-2 & Collection and Debt Repayment Practices Regulation, Alta Reg 194/1999 Business Practices and Consumer Protection Act (Part 7) SBC 2004 c 2 & Debt Collection Industry Regulation, BC Reg 295/2004 Consumer Protection Act CCSM, c. C200 (Part XII) Collection Agencies Act, RSNB 2011, c. 126 & General Regulation, NB Reg 84-256 Collections Act, RSNL 1990, c. C-22 & Collections Regulations, CNLR 986/96 Consumer Protection Act, RSNWT 1988, c. C- 17 & Debt Collection Practice Regulations R-049- 2003 Collection Agencies Act, RSNS 1989, c77 & Collection Agencies Regulations, NS Reg 104/75 Collection and Debt Settlement Services Act, RSO 1990, c C.14 & General Regulation, RRO 1990, Reg 74 Collection Agencies Act RSPEI, 1988, c C-11 & General Regulation, The Act Respecting the Collection of Certain Debts CQLR c R-2.2 & Regulation Respecting the Application of the Act Collection Agents Act R.S.S. 2000, c. 53 & Collection Agents Regulation Consumers Protection Act 2002, c.40 Collection Agency (“CA”) Licence Must be licensed (s.111(1)Act & s.3(2)Reg.) Must be licensed (s.143 Act) Must be licensed (s.76(1) Must be licensed and notice of license published in Royal Gazette (s.3(1) Act) Must be registered (s.12(1) Act) Must be licensed (s. 85(1) Act) Must be licenced (s.5(1)(a) Act) Must be registered if debtor or CA or C is located in Ontario when the dealing takes place (s.2(0.1)Act) Must be licensed (s.3(2) Act) Must hold a permit (s.7 Act) Must be licensed (s.4(a) Act) Must be licensed (see s.75 Act) Collector (“C”) Licence Must be licensed (s. 111(2) Act & s.3(4) Reg.) Must be licensed (s.143 Act) NO licence IF employed by licensed CA but is subject to registration requirements (s.76(2)) Must be licensed and notice of license published in Royal Gazette (s.3(1) Act) Does not need to be registered if C is employed and supervised by a registered CA (s.13 Act) Must be licensed (s.85(2) Act) Must be licenced (s.5(1)(b) Act) Must be registered if debtor or CA or C is located in Ontario when the dealing takes place (s.2(0.1)Act) Must be licensed (s.3(1)Act) Must hold a permit (s.7 Act) Must be licensed (s.4(b)Act) Must be licensed (see s.75 Act) Lawyers as Collectors Lawyers exempt from “Collection Practices” Part of Act if acting in the practice of their profession (s.110 (2) Act) Lawyers exempt from requirement to have a licence if in the regular practice of their profession (s.3 (a) Reg.) Definition of CA does NOT include a barrister or solicitor who is entitled to practice in Manitoba and acting in that capacity (s.1 (1) Act does not apply to members of the Bar of the Province of New Brunswick (s.2(1)(a) Act) BUT does apply to a member of the Bar of ANY PROVINCE who carries on a CA in a name other than his or her own (s.2(2) Act) Must be registered if carrying on a CA in a name other than his or her own BUT Act does NOT apply to lawyers in the practice of his or her profession or to an articled clerk under the direction of a lawyer in the practice (s.3(2)(Act) Exempt from Act if entitled to practice in NWT and acting in that capacity (s.1 Act) Act does not apply to any barrister or firm of barristers of the Supreme Court (s.3 Act) Act does not apply to a barrister or solicitor in the regular practice of his or her profession or to his or her employees (s.2(1)(b) Act) Act does not apply to any solicitor or barrister or firm of solicitors and barristers of the Supreme Court of PEI (s.5 Act) Act does not apply to an advocate or a notary (s.6(1) Act) Act (except s.29(2)) does not apply to any barrister or solicitor or his employee in the regular practice of his profession (s.22(1)(a) Act) A “collection agent” does not include a “lawyer acting in that capacity” (s.1(k) Act) Before Collection: Originating Information and Identification Requirements If CA must use name on licence unless approval from Director and must provide CA contact number when leaving message. (s.12(1)(c)Reg.) A C cannot attempt to collect or initiate verbal communication with debtor UNTIL 5 DAYS after notifying debtor in writing: name of creditor, amount Must provide name of creditor, balance owing and identity and authority of person making the demand for payment (s.98(m)) Before attempting to collect or communicate with debtor (via phone or personal call) must wait UNTIL 5 DAYS after providing written notice naming Cannot communicate in any way with debtor unless debtor first provided with written notice (s.12(1)(f) Reg) Must provide private written notice, naming the creditor, balance owing, name of CA, name of individual providing notice and the authority Cannot use verbal communication UNLESS notice provided in writing first (s.20(1)(f)Act) Any written communication: by CA must use CA Cannot demand payment or attempt to demand payment unless sent by ordinary mail a private written notice with name of creditor, Cannot verbally communicate with debtor until 5 DAYS after sending notice of payment in paper form, conforming to model prescribed by regulation Cannot make a demand by phone, personal call or by writing without indicating name of creditor, balance of account, and identity and authority of Cannot make any demand for payment by phone, personal call or in writing without indicating name of creditor, balance owing, and identity and
  • 2. 2 of 11| P a g e COLLECTION ACTS AND REGULATIONS ACROSS CANADA Alberta British Columbia Manitoba New Brunswick Newfoundland & Labrador Northwest Territories & Nunavut Nova Scotia Ontario Prince Edward Island Quebec Saskatchewan Yukon If C, cannot collect or attempt to collect a debt without providing i) name and ii) name of CA (s.12(1)(d) Reg.) Cannot refuse to provide information on request of debtor of identity of original and current creditor of the debt and details of debt ((12(1)(t) Reg) owing and identity of CA IF debtor has not received notice, must send notice to address provided by debtor (s.115(1-3) Act) AND at time C communicates with debtor, C must first indicate name of creditor, amount of debt and identity and authority of C to collect debt (s.116 (3)Act) creditor, balance owing, name of CA, name of C, authority of CA or C to collect account (s.14(1)(j) and 14(3) Reg) Cannot communicate or attempt to communicate by any means without indicating name of creditor, balance owing and name of CA or name of C and the CA that s/he is working for (s.14(1)(k)Reg) AND when contacting debtor by phone shall immediately identify as a CA and cannot use any device, comment or statement to infer otherwise (s.12(2) Reg) in respect of debt (s.1(2) Reg) Must wait 10 DAYS after written notice is mailed or 5 DAYS after written notice is personally delivered before initiate verbal contact (s.1(3) Reg) IF debtor advises did not receive written notice must provide written notice (s.1(4) Reg) Each time a CA or C contacts a debtor, must provide name of creditor, balance owing, name of CA, name of individual and authority with respect to debt (s.2 Reg) licenced name (s.26(1)Reg), by C shall include name and signature of C and name of CA (s.26 (2)(a)Reg) any verbal communication by C must identify C’s name, stated that C is a licensed C and the name of the CA (s.26(2)(b) Reg) Cannot make a demand by phone, in person or writing without indicating name of creditor, balance and identity and authority of person making demand (s.20 (1)(n) Act) balance owing, identity of CA or C and authority of CA or C to demand payment (s.21(1)(Reg) No telephone call or personal call until 6th DAY after mailing written notice (s.21(2) Reg) BUT written demand for payment CAN be included in written notice (s.21(3) Reg) If debtor says has not received notice must send notice to address provided by debtor and wait another 6 days (s.21(4) Reg) (s.34(1)Act) Must wait another 5 DAYS after sending a second notice if debtor advises s/he did not receive first one (s.34(1.1)Act) With every communication CA or C must identity self (s.4 Act) person making call (s.29(1)(k) Act) authority of person making demand (s.72(m) Act) Contact Time 7am-10pm (s.12(1)(g) Reg) 7am – 9pm (s.118 (2)(a) Act) 7am-9pm (s.98(j)) 7am-9pm (14(1)(d) Reg) 8am-10pm (s.12(1)(c)Reg) 9am-7pm (s.8(c)Reg) 8am-9pm (s.20(1)(k)(ii) Act) 7am-9pm (Outside these hours allowed if at request of person being contacted) (s.22(6)(1) Reg) 8am – 9pm (s.5(f)Reg) 8am – 8pm (s.34(4) Act) 8am-9pm (s.29(1)(h)Act) 7am-9pm (s.72(j) Act) Sunday Calls 7am-10Pm (s.12(1)(g)(Reg) (No restrictions on Sundays in Act or Reg) 1pm-5pm (s.118(2)(b) Act) NO (s.98(j) 1pm-5pm (s.14(1)(d)Reg) 8am-10pm (s.12(1)(c)(Reg) 1pm-5pm (s.8(a) Reg) NO (s.20(1)(k)(i)Act) 1pm-5pm (Outside of these hours allowed if at request of person being contacted) (s.22(6)(1)Reg) 8am-9pm (No other restrictions in Act or Reg) NO (s.34(4) Act) NO (s.29(1)(h) Act) NO (s.72(j)Act) Holiday Calls 7am-10pm (s.12(1)(g)No Restrictions on Holidays in Act or NO (s.118 Act) NO (s.98(j) NO ((s.14(1)(d) Reg) 8am-10pm- No restrictions in Act or Reg. NO (s.8(b) Reg) 8am-9pm (No restrictions stated in Act or Reg) NO (Specific holidays listed at s.22(7)(Reg) (s.22(6)(1)(Reg) 8am-9pm (No other restrictions in Act or Reg) NO (s.34(4) Act) NO (s.29 (1)(h) Act) NO (s.72(j)Act)
  • 3. 3 of 11| P a g e COLLECTION ACTS AND REGULATIONS ACROSS CANADA Alberta British Columbia Manitoba New Brunswick Newfoundland & Labrador Northwest Territories & Nunavut Nova Scotia Ontario Prince Edward Island Quebec Saskatchewan Yukon Reg Other Restrictions on Contact CANNOT exceed 3 unsolicited contacts on behalf of same creditor in 7 day period (not including contact with 3rd party to locate, mistaken contact with 3rd party or by traditional mail) (s.12(1)(v)(Reg) N/A N/A N/A N/A N/A N/A Once CA or C speaks with person being contacted by phone call or personal call the CA or C cannot contact person more than 3 times in a 7 day period on behalf of the same creditor (not including ordinary mail, contact consented to or requested or contact of a person other than the debtor where the purpose is to locate the debtor (s.22(6(2), 8-9) Reg) Cannot conduct inquiries through persons other than the debtor to demand payment of the debt (s.5 (e)(i) Reg) N/A N/A N/A Communication / Contact with Others NO communication with any person about debt or existence of debt OTHER THAN with debtor, guarantor of debt, debtor’s representative or the creditor of the debt, UNLESS debtor provides express consent (s.12(1)(p)Reg) AND CANNOT contact debtor’s spouse, partner, relative neighbour, friend or acquaintance UNLESS to obtain address, or NO communication with family, relative, neighbour, friend or acquaintance UNLESS to obtain home address or phone number of debtor OR the person contacted is the guarantor OR the debtor has authorized the C to discuss the debt (s.117(1) Act) Cannot give by implication, inference or statement, any false information to any person that may be detrimental to debtor or spouse or common-law partner (s.98(l)) Cannot make phone calls or personal calls of such a nature or with such frequency as to constitute harassment of ANY person in an effort to Cannot communicate or attempt to communicate with anyone other than debtor UNLESS it is at that person’s request or with the debtor’s approval if at debtor’s employment (s.14(1)(b- d) Reg) Cannot communicate with debtor’s acquaintances, friends, relatives or neighbours UNLESS to obtain debtor’s address OR that person is surety for the debtor (s.12(1)(h) Reg) Cannot communicate with any member of debtor’s family or household, any relative, neighbour, friend or acquaintance UNLESS contacting to obtain address or phone number OR the individual guaranteed the debt OR the debtor, in writing, has requested the CA or C to contact the individual and s/h does not object to contact (s.5 Reg) Cannot communicate with acquaintances, friends, relatives or neighbours UNLESS person is a surety OR to obtain address of debtor (s.20(1)(o) Act) Cannot contact spouse, family or household, relative, neighbour, friend or acquaintance UNLESS guarantor of debt, debtor has requested CA or C to discuss debt with that person OR the CA or C does not have debtor’s home address or phone number and contact is for SOLE purpose of obtaining (s.22(3)Reg) Cannot communicate with debtor’s relatives, neighbours or friends UNLESS to obtain debtor’s address (s.5(l)Reg) Cannot include debtor’s spouse in court actions or other attempts to collect when only one party is liable for debt (s.5(b) Act) Cannot communicate with spouse, civil union spouse, family, friends, acquaintances, neighbours EXCEPT on ONE occasion ONLY to obtain address or phone number OR if that person was a surety (s.4 Act)
  • 4. 4 of 11| P a g e COLLECTION ACTS AND REGULATIONS ACROSS CANADA Alberta British Columbia Manitoba New Brunswick Newfoundland & Labrador Northwest Territories & Nunavut Nova Scotia Ontario Prince Edward Island Quebec Saskatchewan Yukon personal or business phone number (s.12(1)(l) Reg) determine the whereabouts of a debtor, spouse, or common law partner or family (s.98(n)) Employer / Place of Employment NO contact with employer UNLESS to confirm debtor’s employment status, business title and address of the business IN PREPARATION for legal proceedings (s.12(1)(m) Reg) NO contact at place of employment IF the debtor requests CA or C not contact them there, makes reasonable arrangements to discuss the debt AND discusses the debt in accordance with arrangement (s.12(1)(o) Reg.) Cannot communicate with employer UNLESS for purpose of confirming employment, business title and business address OR if authorized in writing by debtor (s.117 (2) Reg.) NO contact at place of employment UNLESS contact solely for purpose of getting home address or phone number, C has failed in attempts to contact debtor at home address or phone number (BUT can only make ONE attempt at work) OR C had been authorized by debtor to contact at work (s.116(1-2) Act) N/A Cannot communicate with debtor or anyone at debtor’s place of employment, except with debtor’ approval (s.14(1)(c)Reg.) Cannot contact debtor at place of employment (s.12(1)(a) Reg) AND cannot contact employer without debtor’s consent (s.12(1)(b) Reg) Cannot contact debtor at place of employment UNLESS debtor requests that they do (s.3(1) Reg) OR can contact debtor at employment ONLY ONCE to obtain address or phone number of debtor if not provided already OR if CA or C has made a number of unsuccessful attempts at phone number already provided by debtor (s.3(2) Reg) Cannot contact employer UNLESS they are guarantor of debt OR it is in respect of payments from employer pursuant to a wage assignment OR payment for a court order or judgment in favour of CA or creditor OR the debtor has authorized contact of employer in writing (s.4(1)(a-c Reg) ALSO may contact employer ONCE a year to verify Cannot communicate with employer UNLESS employer is surety of debt OR to obtain debtor’s address (s.20(1)(o) Act) Cannot give or threaten to give to the person who employs the debtor, his spouse or family member ANY information that may adversely affect the employment or employment opportunities of the debtor, his spouse or family member (s.20(1)(m) Act) Cannot contact employer UNLESS employers is guarantor, debtor has provided written authorization to contact employer, contact occurs only ONCE and is for sole purpose of confirming debtor’s employment, business title, and/or business address OR the contact is in respect of payments pursuant to a wage assignment given to a credit union or caisse populaire OR an order or judgment by a court (s.4(a- d)Reg) Cannot communicate with debtor’s employer UNLESS to obtain debtor’s address (s.5(l)Reg) Cannot conduct inquiries at place of employment without debtor’s approval (s.5(e)(ii) Reg) Cannot contact debtor or surety at place of employment without express authorization EXCEPT on ONE occasion which is permitted if the CA does not know the address or telephone number of debtor or surety OR the CA has tried unsuccessfully to reach debtor or surety at their home number (s.4 Act) Cannot contact employer EXCEPT on one occasion to obtain address or phone number OR if employer is surety (s.4 Act) Cannot give or threaten to give inference or statement to employer of debtor or spouse or family member information that may adversely affect their employment or employment opportunities (s.29(1)(j) Act)
  • 5. 5 of 11| P a g e COLLECTION ACTS AND REGULATIONS ACROSS CANADA Alberta British Columbia Manitoba New Brunswick Newfoundland & Labrador Northwest Territories & Nunavut Nova Scotia Ontario Prince Edward Island Quebec Saskatchewan Yukon debtor’s employment, business title, and business address (s.4(2) Reg) Stop Contact Cannot continue to contact any person who has informed CA or C they are not the debtor OR the debtor if s/he has notified the CA or C that the debt is in dispute and wants the matter to go to court (s.12(1)(k) OR when the debtor has notified the CA in writing to communicate only with debtor’s representative and has provided current address and phone number of representative and s/he makes reasonable arrangements to discuss AND discusses the debt with CA Or C (s.12(1)(n) Reg) Must stop communication with debtor – 1) except in writing if debtor asks for communication in writing only and has provided mailing address OR 2) except through lawyer if debtor asks and provides address of lawyer OR 3) debtor notifies C and the creditor that debt is in dispute and wants to go to court (s.116(4) Act) Must stop demand for payment if debtor gives notice by registered mail to CA of a claim for set-off or counter- claim UNTIL CA has submitted matter to court OR the debtor and CA have agreed in writing to amount still owing by debtor in respect of claim after deducting amount agreed on for set- off or counterclaim (s.98(k)) If written notice provided by debtor – can only communicate in writing if address provided, or with legal advisor if address provided, or must stop communication if debtor has provided notice to the creditor and CA or C by registered mail that debt is disputed and matter to go to court. (s.14(1)(l)(Reg.) N/A Must stop communication with debtor (other than in writing) if debtor has made a written request to communicate only in writing AND has provided the CA or C with an address at which the debtor can be contacted (s.12 (1) Reg) Also, must stop communication other than through legal counsel if debtor has notified in writing and provided legal counsel name, address and phone number (s.12(2) Reg) Also, must stop communication if notified in writing that debt is in dispute and wants debt taken to court UNLESS debtor is not represented by legal counsel and communication is related to court proceeding that CA has express Cannot communicate with debtor if debtor has notified in writing to communicate with legal advisor (s.20(1)(e)Act) Cannot contact debtor unless debtor consents or requests contact IF debtor has notified by registered mail that debtor disputes amount and matter to be taken to court (s.22(1) Reg) OR if debtor, lawyer or licensed paralegal sends CA by registered mail request for communication only with lawyer or paralegal and provides address and phone number CANNOT contact debtor unless debtor consents or requests contact (s.22(2)Reg) N/A Cannot communicate with debtor when notified in writing to communicate with legal advisor (s.3(2) Act) Cannot communicate verbally with debtor if debt is disputed and debtor informs in writing that creditor may proceed with legal action (if collection of a debt by Government prohibition only applies as of 120 days following demand for payment) (s.3(2.1)Act) and s.34(2.1) Act) Cannot communicate verbally with debtor if debtor advised in writing requesting written communication only (s.34(2)Act) N/A Cannot make further demand for payment if debtor gives notice by registered mail of a claim of set-off or counterclaim until the matter is submitted to court OR the debtor and CA have agreed in writing to amount still owing after deducting for set- off or counterclaim (s.72(k) Act)
  • 6. 6 of 11| P a g e COLLECTION ACTS AND REGULATIONS ACROSS CANADA Alberta British Columbia Manitoba New Brunswick Newfoundland & Labrador Northwest Territories & Nunavut Nova Scotia Ontario Prince Edward Island Quebec Saskatchewan Yukon written authority to commence (s.13 Reg) Harassment No use of threatening, profane, intimidating or coercive language; no use of undue excessive or unreasonable pressure OR no use of telephone or email to call of send messages excessively (s.12(1)(i) Reg.) Cannot communicate with a frequency as to constitute harassment (s.114(1)Act) Cannot use threatening, profane, intimidating or coercive language; cannot exert undue, excessive or unreasonable pressure; or publish or threaten to publish a debtor’s failure to pay (s.114(2) Act) Cannot make phone or personal calls of such a nature or frequency which constitutes harassment of debtor, spouse, common-law partner or family (s.98(f)) Cannot communicate with such frequency as to constitute harassment, including using threatening, profane, intimidating or coercive language; undue, excessive or unreasonable pressure or making public or threatening to make public debtor’s failure to pay (s.14(1)(a)Reg). Cannot use coercive language, threaten loss of employment or loss of community ranking (s.12(1)(e)Reg) Cannot make phone or personal calls of such a nature or frequency as to constitute harassment of debtor, spouse or member of his or her family (s.12(1)(g) Cannot communicate in such a manner with such frequency using such means or using content of such a nature as to constitute harassment of debtor or individual contacted (s.7(1) Reg) Examples of harassment include use of threatening, profane, intimidating or coercive language; use of undue, excessive or unreasonable pressure; threat to publish or publication of debtor’s failure to pay debt (s.7(2) Reg) Cannot in any way threaten, abuse or intimidate a debtor either orally or in writing to induce a person to pay a debt (s.20(1)(i) Act) Cannot make telephone calls or personal calls or written communications of such nature or with such frequency as to constitute harassment of debtor, his spouse or any member of his family (s.20(1)(j) Act) Cannot publish or threaten to publish debtor’s failure to pay (s.22(6)(3)Reg) Cannot use threatening, profane, intimidating or coercive language (s.22(6)(4)Reg) Cannot use undue, excessive or unreasonable pressure (s.22(6)(5)Reg) Cannot otherwise communicate in such manner or frequency as to constitute harassment (s.22(6)(6)Reg) Cannot use coercive language, cite loss of employment or loss of community ranking (s.5(f)Reg) OR make such frequent communication as to constitute harassment (s.5(j)Reg) OR give any false or misleading information detrimental to a debtor OR any information that may adversely affect the debtor’s employment or that of any member of his family (s.5(k)Reg) Cannot use harassment, threats or intimidation (s.3(3) Act) Cannot disclose information that might cause injury to the debtor, his or her surety, their married or civil union spouses or member of their families (s.3(4) Act) Cannot threaten to reveal debtor’s failure to pay or threaten to publish failure to pay or have unfavourable entry of it made (s.34(5) Cannot make phone call or personal calls of such nature or with such frequency as to constitute harassment of the debtor, his spouse, or any member of his family (s.29(1)(g)Act) Cannot make phone calls or personal calls of such nature or frequency as to constitute harassment of any person in effort to determine whereabouts of debtor, his spouse or any member of his family (s.29(1)(l) Act) Cannot make phone or personal calls of such a nature or with such frequency as to constitute harassment of the debtor, the debtor’s spouse or family (s.72(f) Act) Restrictions on Fees Cannot charge any fee to a person for whom CA or C acts in addition to fees provided under agreement (s.12(1)(b)(Reg.) Cannot charge a fee to a debtor beyond the debt that is due and Cannot communicate with a person by a means that results in costs of that communication being payable by that person (s.119 Act) A C cannot collect or attempt to Cannot collect amount greater than amount owing to creditor and fees allowed by any statute or regulation made thereunder (s.98(a)) Notwithstanding any agreement Cannot communicate with a person by means that enables the charges or costs of communication be payable by the debtor or other person (s.14(1)(e)Reg) Notwithstanding Cannot send a telegram or make a phone call for which charges are payable by the addressee or person to whom the call is made (s.11(1)(c)Act) Cannot collect money in addition Cannot communicate by a means that would result in charges of that communicated being payable by debtor or by individual to whom communication directed (s.9 Reg) Cannot collect money in excess of amount owing by debtor to creditor (s.20(1)(a)Act) Cannot make any charge against a person for whom a CA acts in addition to those in agreement with Cannot collect any money in addition to amount owing by debtor (s.22(a) Act) Cannot communicate by a means that enables the charges or costs of the Cannot collect any additional money than what is owing by the debtor (s.5)(a)Reg) Cannot send a telegram or phone call for which charges are payable by addressee or Cannot claim a sum of money from anyone other than debtor or surety (s.3(7) Act) Cannot collect or claim from a debtor a sum of money greater than that which is due (s.3(5) Act) Cannot collect any moneys in addition to amount owing by debtor (s.29(1)(a) Act) Cannot make any charge against a person for whom he acts in addition to those contained Cannot collect greater amount than the sum of amount actually owing AND the amount of fees allowed by any statute or regulations thereunder (s.72(a)(Act)
  • 7. 7 of 11| P a g e COLLECTION ACTS AND REGULATIONS ACROSS CANADA Alberta British Columbia Manitoba New Brunswick Newfoundland & Labrador Northwest Territories & Nunavut Nova Scotia Ontario Prince Edward Island Quebec Saskatchewan Yukon owing from the debtor to the creditor EXCLUDING a reasonable fee for a dishonoured cheque, if the fee was disclosed to the debtor in writing prior to the submission of the cheque (s.12(1)(s) Reg.) collect money that exceeds amount of debt (s.120(a)Act) A CA cannot charge fees and disbursements to a debtor except as authorized by an enactment (s.128(1)Act) Despite an agreement to contrary with debtor any charges made or incurred by CA or creditor I collecting debt are NOT part of the amount owing by debtor AND a CA must NOT collect from debtor any charges that are not part of amount owing by debtor (s.128(4) Act) (A bailiff’s reasonable fees and disbursements are deemed to be part of amount owing by debtor – s.128(3)Act) between creditor and debtor, cannot collect any fee or commission payable by the creditor to the CA under any agreement between creditor and CA (s.98(b)) OR cannot use a telegram or phone call to debtor which debtor has to pay for (s.98(c) Cannot collect from debtor amount greater than provided by regulation for acting for debtor in making arrangements or negotiating with creditors on behalf of debtor or receiving money from debtor for distribution to his creditors (s.98(o) Act) No CA shall obtain any benefit, from the conduct of his business as a CA other than the agreed schedule of fees payable by creditor and amounts not in excess of any fees under the Act or other Act or regulations (s.103(1) Act) When CA has any agreement to contrary between a debtor and creditor, CANNOT collect any amount that exceeds amount owing by debtor, including but not limited to any charges made or incurred by the CA or branch office of the CA and any charges incurred by creditor for services of the CA(s.14(2)(b) Reg) to the amount owing by debtor (s.11(1) Act) Notwithstanding an agreement to the contrary between debtor and creditor, the costs incurred by CA or by creditor in collecting debt CANNOT be considered to be a part of the amount owing by the debtor and shall not be recoverable by the creditor or by the CA (s.11(2) Act) Cannot add to the amount owing by the debtor any charges made or incurred by a CA or C in respect of the collection or incurred by a creditor in employing a CA or C (s.104.2(1) Act) A CA or C cannot collect or attempt to collect any money in addition to the amount owing on debt by debtor (s.104.2(2) Act) that person (s.20(1)(c)Act) Cannot send any telegram or make a call for which the charges are payable by the addresses or person to whom call made (s.20(1)(d)Act) Notwithstanding any agreement to the contrary between a debtor and creditor any charges made or incurred by the CA or incurred by creditor in employing CA are NOT part of the amount owing by the debtor and CANNOT be recoverable (s.20(2)Act) communication to be payable by that person (s.22(b) Act) Cannot receive or make an agreement for additional payment by debtor either on its own account or for the creditor and whether as a charge, cost, expense or otherwise in consideration for any forbearance, favour, indulgence, intercession or other conduct by the CA (s.22(c)Act) Charges incurred by a CA or C in collecting a debt or incurred by creditor DO NOT form part of the debt owed by debtor and cannot attempt to collect such charges (s.25(1)(Reg) HOWEVER, a CA or C may collect as part of the debt owed all reasonable charges incurred by CA or C for debtor’s DISHONOURED CHEQUES IF agreement person called (s.5(b)Reg) Cannot claim the performance of an obligation in addition to that which is owing, particularly as a collection fee or in consideration of a time allotted for payment (s.34(7) Act) Cannot undertake to assume the judicial costs which might be incurred by reason of the collection of a debt (s.34(8) Act) in the agreement with that person (s.29(1)(b) Act) Cannot send any telegram or make any call for which the charges are payable by addresses or the person to whom call made (s.29(1)(c)Act) Despite any agreement to the contrary between the creditor and a debtor cannot collect any fee or commission payable by the creditor to a CA under any agreement or understanding between the creditor and CA (s.72(b) Act) Cannot send any telegram or make any call to a debtor if charges are payable by addressee of telegram or the person to whom call made (s.72(c)Act) Penalty for wrongful collection of debt – if CA or creditor charges a debtor with any amount not rightfully collectible debtor may recover from the creditor an amount equal to three times the amount of the charge as a debt due to the debtor OR if amount has not been paid or partly paid – set- off an amount equal to three times the amount of the charges
  • 8. 8 of 11| P a g e COLLECTION ACTS AND REGULATIONS ACROSS CANADA Alberta British Columbia Manitoba New Brunswick Newfoundland & Labrador Northwest Territories & Nunavut Nova Scotia Ontario Prince Edward Island Quebec Saskatchewan Yukon collected from debtor an amount for his services under clause 98(o)(above) CA cannot collect a fee or any amount from the creditor of that debtor with respect to the debt collected (double fees prohibited) (s.103(2) Act between creditor and debtor provides so and sets out the amount; the creditor has provided information to debtor and debtor knows or reasonably ought to know of his or her liability for such charges OR the collection of such charges is permitted by law (s.25(2)Reg) against the amount rightfully owing to creditor (s.74(1) Act) No CA shall obtain any benefit, either directly or indirectly, from the conduct of business as a CA other than the agreed schedule of fees payable by the credit grantor using the collection agent’s services in amount not in excess of any fees prescribed under this or any other Act or regulations made thereunder, or any Act of Parliament or regulations made thereunder.(s.76 Act) Restrictions on Use of Court Forms Before Litigation A C cannot use, without lawful authority, a summons, notice, demand or other document that suggests or implies a connection with any court inside or outside Canada (s.123 Act) No CA shall use any form that, in the opinion of the director, is an avoidance or breach of the Act (s.104) Cannot use without lawful authority any summons, notice, demand or other document expressed in language of general style of Cannot use without lawful authority any summons, notice, demand or other document that suggests or implies a connection with any court (s.14(1)(i) Reg) Cannot use without lawful authority a summons, notice, or demand or other document expressed in language of the general style of a court of the province (s.11(1)(g) Act) Cannot use without lawful authority, any summons, notice, demand or other document that suggests or implies a connection with any court (s.10(2)(b) Reg) Cannot use without lawful authority any summons, notice or demand or other document expressed in language of the general style or purport of any form used in any court in the Province or printed in the general appearance of such form Cannot use without lawful authority, any summons, notice, demand or other document that states, suggest or implies that it is authorized or approved by a court in Canada or another jurisdiction (s.24(c)Reg) Cannot use any notice having the general appearance of a form used in any court in the province (s.5(g)Reg) Cannot use a writing that might be mistaken for a document used, authorized, issued or approved by a tribunal, a government, a municipality, or an agency of any of these (s.3(6) Act) Cannot use without lawful authority any summons, notice or demand or other document expressing in language of the general style or purport of any form used in any court in the province or printed or written or in the general appearance or format of any such Cannot use without lawful authority a summons, notice demand or other document in general language, appearance or format of any form used in any court in Yukon (s.72(e)Act)
  • 9. 9 of 11| P a g e COLLECTION ACTS AND REGULATIONS ACROSS CANADA Alberta British Columbia Manitoba New Brunswick Newfoundland & Labrador Northwest Territories & Nunavut Nova Scotia Ontario Prince Edward Island Quebec Saskatchewan Yukon any form used in any court in the province or with general appearance of any form used in court in the province (s.98(e)) (s.20(1)(h) Act) form (s.29(1(f) Act) Representation as Law Firm / Lawyer / Legal Proceedings Cannot indicate to debtor or any other person that CA or C is part of a law firm or legal department of a business, including a legal department of the CA itself or of the creditor of the debt (s.12(1)(q)(Reg) C cannot indicated that it is a legal collector, litigation specialist or the like (s.12(1)(r) Reg) If debt assigned to C, C cannot bring or continue a legal proceeding UNLESS debtor notified of assignment OR bring a legal proceeding UNLESS C gives notice to debtor that C intends to bring proceeding (s.121(1) Act) A C must not recommend to creditor that a legal proceeding be brought UNLESS C first tells debtor intends to recommend proceeding BUT a C must not threaten or state an intention to bring or continue legal proceeding for recovery of debt if no written authority from creditor or if no lawful authority (s.121 (2-4) Act) Cannot verbally or in writing attempt to collect by stating intention or threat to proceed with any action for which does not have lawful authority (s.98(d)) No CA shall commence or continue legal proceedings in the name of CA unless debt has been assigned to the CA by written instrument for valuable consideration and written notice provided to the debtor (s.14(2)(a) Reg) Cannot commence a legal proceeding for the recovery of debt in name of CA if debt has been assigned to the CA, or recommend to the creditor to commence legal proceeding UNLESS debtor has been provided with written notice that CA intends to (or recommends to) commence legal proceedings 9s.14(2)(a-b) Reg) Cannot threaten or state an intention to commence legal Cannot threaten to proceed with an action for which CA or C does not have authority (s.12(1)(d) Reg) Cannot raise an action in its own name for recovering a debt on behalf of a client (s.13 Reg) No CA or C shall threaten to proceed with any action which the CA or C does not have lawful authority (s.14 Reg) Cannot threaten commencement of court proceeding or intention to commence court proceeding on behalf of creditor unless creditor has provided CA with express written authority (s.15(1)Reg) No CA or C shall recommend to creditor to commence court proceeding without providing written notice to debtor that CA or C intends to make recommendation (s.15(2) Reg) AND NO CA or C can commence court proceedings unless written notice provided to debtor that CA intends to commence Cannot commence or continue an action for recovery of debt in name of CA or C as plaintiff unless such debt has been assigned to the CA or C in good faith by instrument in writing for valuable consideration and notice of assignment has been given to debtor (s.20(1)(p) Act) Cannot threaten or state an intention to commence a legal proceeding unless the CA or C has the written authority of the creditor or the proceeding is not otherwise prohibited by law (s.23(1)Reg) No CA or C shall recommend to a creditor that a legal proceeding be commenced unless CA or C first gives notice to debtor of intention to give recommendation (s.23(2) No CA or C shall commence legal proceedings in name of creditor unless CA or C has written authority; OR as Plaintiff unless creditor has assigned the debt by written instrument for valuable consideration, if proceeding Cannot threaten to proceed with any action for which he does not have lawful authority (s.5(h) Reg) Cannot include debtor’s spouse in court actions or other attempts to collect when only one party is liable for debt (s.5(c) Reg) Cannot represent that failing payment judicial proceedings will be instituted (s.34(6) Act) Cannot represent that failing payment the debtor is liable to arrest or penal proceedings (s.3(1) Cannot commence or continue an action for recovery of a debt in the name of CA as plaintiff UNLESS debt has been assigned to CA in good faith by instrument in writing for valuable consideration and notice of assignment has been given to debtor (s.29(1)(m) Act) Cannot verbally or in writing, collect or attempt to effect seizure of goods by stating intention or threat to proceed with any action for which the person does not have lawful authority (s. 72(d)Act)
  • 10. 10 of 11| P a g e COLLECTION ACTS AND REGULATIONS ACROSS CANADA Alberta British Columbia Manitoba New Brunswick Newfoundland & Labrador Northwest Territories & Nunavut Nova Scotia Ontario Prince Edward Island Quebec Saskatchewan Yukon proceeding for which the CA does not have written authority from creditor or for which there is no lawful authority (s.14(1)(f) Reg) proceedings (s.15(3) Reg) A CA shall not start or continue any court proceeding unless a creditor has by written instrument assigned the debt to CA in good faith and for valuable consideration and written notice provided to debtor (s.104.3 Act) already commenced the CA or C has given written notice to debtor of assignment, if proceeding not commenced the CA or C must provide written notice of assignment and notice of intention to commence a legal proceeding (s.23(3)(Reg) Miscellaneous / Agreements / Assignment Cannot make any arrangement with a debtor to accept a sum of money less than amount owing as final settlement without prior consent from creditor (s.12(1)(e) Reg.) Cannot cancel or alter a payment agreement with debtor if s/he has complied and financial circumstances have not changed materially, UNLESS debtor has misrepresented financial circumstances (s.12(1)(w) Reg) A term of an agreement entered into by a CA is void if misrepresents Cannot assign an account to a CA without first cancelling in writing any previous assignment to any other CA; but one CA can act for or on behalf of another CA or a barrister or solicitor (s.98(g) Cannot enter into an agreement with a person for whom the CA acts unless a copy of the form of the agreement is filed with the registrar (s.11(1)(d) Act) Cannot enter into any agreement with a person for whom the CA acts unless a copy of the form of the agreement is filed with the Registrar (s.29(1)(d)Act) Cannot refer or assign an account for collection or seizure of goods to a collection agent without first cancelling in writing any previous referral or assignment to any other collection agent; but one collection agent may act for or on behalf of another collection agent or a lawyer; (s.72(g)Act)
  • 11. 11 of 11| P a g e COLLECTION ACTS AND REGULATIONS ACROSS CANADA Alberta British Columbia Manitoba New Brunswick Newfoundland & Labrador Northwest Territories & Nunavut Nova Scotia Ontario Prince Edward Island Quebec Saskatchewan Yukon rights and powers of person collecting, misrepresents obligations or legal liabilities of debtor, is misleading or otherwise contravenes Act or Reg (s.12(2)(Reg) Cannot enter into or arrange any wage assignments with debtor or employer (s.12(1)(u) Reg)