Canadian Rules for Debt Collectors

  • +7
    The-Nine
    | 5 replies
    General Telemarketing Rules and Regulations
    ‘This link is for the National Do Not Call List
    http://www.crtc.gc.ca/eng/telemarketing.htm

    The CRTC runs the Canadian DNCL  Here is a link for filing a complaint
    http://www.crtc.gc.ca/rapidsccm/register.asp?lang=e
    Collection Agencies
    Information on collection agencies
    Here are the Canadian Rules for Debt Collectors courtesy of http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/h_ca02149.html
    A collection agency is a company that intervenes to recover money owed by people in debt. Your creditors — the people to whom you owe money — pay these agencies to recover the amounts you owe them. If you owe money to a company or a supplier and have not recently sent in your payment, that company or supplier can turn your file over to a collection agency. Here are some useful tips:
    You must be notified in writing that your file has been given to a collection agency. Don't panic. The agency is trying to recover the money you owe its client.
    If possible, pay the amount you owe.
    If you are unable to pay it all at once, contact the agency and explain.
    If you reach an agreement with the agency, get it in writing.
    Never send cash. Make sure that you obtain a receipt for your payment from the agency.
    Do you feel you have been treated unfairly by a collection agency? Although the regulations differ slightly across Canada, a collection agency is usually only allowed to do certain things. Find out more so that you will be able to protect yourself from aggressive debt collectors The complete list of what debt collectors can and cannot do, as well as contact information, are available in the Canadian Consumer Handbook.  http://www.consumerhandbook.ca/en/topics/financial/collection-agencies
    For example, a representative of a collection agency must not make telephone calls of such a nature or frequency as to constitute harassment of you or your family. There are certain times when a representative must not call you at all (which vary from one province or territory to another).
    Specific rules by province / territory
    You can view the specific rules that apply to collection agencies where you live. Click on your province or territory to access the information from the appropriate government agency regarding collection agencies' practices:
    If the following document is not accessible to you, please contact us to obtain other appropriate formats.
    Alberta
    What Creditors Can Do If You Can't Pay (PDF, 569 KB, 8 pages) http://servicealberta.gov.ab.ca/pdf/tipsheets ... ou_Cant_Pay.pdf 
    Bill Collection and Debt Repayment http://www.servicealberta.gov.ab.ca/pdf/tipsh ... t_Repayment.pdf 
    British Columbia
    Knowing Your Rights and Responsibilities http://consumerprotectionbc.ca/index.php/cons ... esponsibilities
    Business Practices and Consumer Protection Act http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_00
    Manitoba
    Collection Practices http://www.gov.mb.ca/fs/cca/cpo/pdf/Collection_Practices.pdf
    The Consumer Protection Act http://web2.gov.mb.ca/laws/statutes/ccsm/c200e.php
    New Brunswick
    Collection Agencies Act (PDF, 53 KB, 6 pages) http://laws.gnb.ca/en/ShowPdf/cs/2011-c.126.pdf
    Newfoundland and Labrador
    Collection Agencies — Consumer Rights Pamphlet (PDF, 62 KB, 2 pages) http://www.gs.gov.nl.ca/consumer/collection/collection_agencies.pdf
    Collection Agencies — Frequently Asked Questions http://www.gs.gov.nl.ca/faq/collection_faq.html
    Northwest Territories
    Consumer Protection Act (PDF, 312 KB, 74 pages) http://www.justice.gov.nt.ca/Legislation/..%5 ... 0Protection.pdf
    Nova Scotia
    Collection Agencies Act http://nslegislature.ca/legc/statutes/collecta.htm
    Nunavut
    Consumer Protection Act (PDF, 312 KB, 74 pages)  http://www.justice.gov.nt.ca/PDF/ACTS/Consumer%20Protection.pdf
    Ontario
    Collection Agencies http://www.sse.gov.on.ca/mcs/en/Pages/Persona ... n_Agencies.aspx
    Prince Edward Island
    Rights and Responsabilities of Consumers http://www.gov.pe.ca/consumerservices/index.php3?number=1040133&lang=E 
    Quebec
    es comptes en souffrances (In French Only)  http://www.opc.gouv.qc.ca/Documents/Publicati ... Souffrance.aspx
    Saskatchewan
    Problems with collection agencies  http://www.justice.gov.sk.ca/problems-with-collection-agencies
    Yukon
    Consumers Protection Act (PDF, 527 KB, 80 pages) http://www.justice.gov.nt.ca/Legislation/..%5 ... 0Protection.pdf
  • +6
    The-Nine replies to The-Nine
    | 4 replies
    Here's some more info from the CRTC site about using ADAD devices
    "Automatic Dialing-Announcing Device" or "ADAD" means any automatic equipment incorporating the capability of storing or producing telecommunications numbers used alone or in conjunction with other equipment to convey a pre-recorded or synthesized voice message to a telecommunications number


    http://www.crtc.gc.ca/eng/trules-reglest.htm - look at Part III

    The Telemarketing Rules apply whether or not the telemarketing telecommunication is exempt from the National DNCL Rules
    Telecom Decision CRTC 2008-6

    According to the CTRC (I complained about someone and got a nice response back) anyone using an auto-dialer (and they are not illegal in Canada but their use is regulated) here are the rules.

    Below are the ADAD rules that apply to market research calls:


    4. A person using an ADAD to make unsolicited telecommunications where there is no attempt to solicit, shall comply with the following conditions:

    a) such telecommunications shall not be made to emergency lines and healthcare facilities, whether such telecommunications are made by random dialing or otherwise;

    b) subject to paragraph (c), such telecommunications are restricted to 9:00 a.m. to 9:30 p.m. on weekdays (Monday to Friday) and 10:00 a.m. to 6:00 p.m. on weekends (Saturday and Sunday); the hours refer to those of the person receiving the telecommunication;

    c) such telecommunications are restricted to the hours set out in or pursuant to provincial legislation that governs an activity, provided that the telecommunication is made for the purpose of that activity. The hours refer to those of the person receiving the telecommunication;  Telecom Regulatory Policy 2009-200

    d) such telecommunications shall begin with a clear message identifying the person on whose behalf the telecommunication is made. This identification message shall include a mailing address and a local or toll-free telecommunications number at which a representative of the originator of the message can be reached. In the event that the actual message relayed exceeds sixty (60) seconds, the identification message shall be repeated at the end of the telecommunication;

    e) such telecommunications shall display the originating telecommunications number or an alternate telecommunications number where the telecommunication originator can be reached (except where the number display is unavailable for technical reasons);

    f) sequential dialing is prohibited;

    g) random dialing can be used to make such telecommunications, including telecommunications to non-published telecommunications numbers, except to emergency lines and healthcare facilities;

    h) persons initiating such telecommunications shall make all reasonable efforts to ensure that their equipment disconnects within ten (10) seconds of the person receiving the telecommunication hanging up;

    i) the conditions in paragraphs (a) through (h) do not apply to unsolicited telecommunications made via an ADAD for public service reasons, including telecommunications made for emergency and administration purposes by police and fire departments, schools, hospitals, or similar organizations.
  • 0
    B-man
    Great info!  Thank you.
  • 0
    TheHolyHandGrenade replies to The-Nine
    Great info, 9!
  • 0
    John replies to The-Nine
    | 2 replies
    These auto dialers should be illegal for collection agencies to use.

    I live in Ontario.  I disagree with any advice that debt collection calls should not be ignored.  It depends on the situation.  If the debt is statute barred and not on credit report, there is absolutely no advantage for the consumer to pay it. I am making this comment because the province of Ontario on their website suggests people don't ignore calls from collection agencies.  That is bad advice.  Ignoring and blocking them from calling is the best way to deal with them.  That has been my experience.  The funniest ones are the ones who attempt to leave intimidating messages.   I just laugh.
  • post pending moderator approval
  • 0
    CelticDragon replies to John
    I think they already are-then again, scammers don't care about what's legal and what's not

Reply to topic