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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
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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)
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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)
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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)
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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)
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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)
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COLLECTION ACTS AND REGULATIONS ACROSS CANADA
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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
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COLLECTION ACTS AND REGULATIONS ACROSS CANADA
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Prince Edward
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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)
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COLLECTION ACTS AND REGULATIONS ACROSS CANADA
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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)
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COLLECTION ACTS AND REGULATIONS ACROSS CANADA
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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)
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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)