Search the Community

Staute of limitations on debts ◦British Columbia – Section 3 (5) of the BC Limitation Act sets 2 years as the limit for debt, 10 years if there is a judgement. ( does not applied to secured transactions ) http://www.bclaws.ca/civix/document/id/complete/statreg/12013_01#section3 NewAct will only apply to claims discovered after June 1, 2013 ◦Alberta – The Alberta Limitations Act sets 2 years as the term which is extended to 10 years if there is a judgement. ◦Manitoba - Limitation of Actions Act, C.C.S.M. c. L150, s. 2(1)(g) sets 6 years as the limit for debt. ◦New Brunswick – Limitation of Actions Act, S.N.B. 2009, c. L-8.5. sets 2 years as the limit for debt. 15 years if there is a judgement. https://www.canlii.org/en/nb/laws/stat/snb-2009-c-l-8.5/latest/snb-2009-c-l-8.5.html#sec6 ◦Newfoundland and Labrador – Limitations Act, S.N.L. 1995, c. L-16.1, ss. 5( ; 13; 14. sets 2 years as the limit for debt. ◦Nanavut - Limitation of Actions Act, R.S.N.W.T. 1988, c.L-8, s. 2(e). sets 6 years as the limit for debt. ◦Nova Scotia – Limitation of Actions Act, R.S.N.S .2014, . sets 2 years as the limited for debt for claims after 2014 - 6 years still applies for prior actions. http://nslegislature.ca/legc/bills/62nd_2nd/3rd_read/b064.htm ◦NWT – Limitation of Actions Act, R.S.N.W.T. 1988, c. L-8, s. 2(e). sets 6 years as the limit for debt. ◦Ontario - The Ontario Limitation Act of 2002 , came into force on January 1, 2004. It sets 2 years as the term (Section 4). However, this limitation will be reinstated where the debtor acknowledges the debt or makes a partial payment towards the debt. If the debt default occurred prior to January 1, 2004, the creditor will have 6 years to pursue the claim. However, if the default occurred after January 1, 2004 then the credit will just have the 2 year limit. ◦P.E.I. - Statute of Limitations, R.S.P.E.I. 1988, c. S-7, s. 2(1)(g). sets 6 years as the limit for debt. ◦Quebec – Civil Code of Quebec, S.Q. 1991, c. 64, art. 2925. sets 3 years as the limit for debt. ◦Saskatchewan – Limitations Act, S.S. 2004, c. L-16.1. sets 2 years as the limit for debt. ◦Yukon – Limitation of Actions Act, R.S.Y. 2002, c. 139, s. 2(1)(e), (f). sets 6 years as the limit for debt. ◦Federal – Section 32 of the Crown Liability and Proceedings Act sets 6 years as the limit for debt. Consumers, however must be careful when dealing with the statute of limitations regarding debts at the Federal or Provincial Government level. These include student loans, child support, taxes and alimony. Please be aware that there may be tolling issues on these statutes , please check your .gov website for these. Debt collection Laws and Licensing acts Collection Agency Licensing Statutes by Province and Territory Province or Territory Name of Licensing Statute Alberta Fair Trading Act British Columbia Business Practices and Consumer Protection Act Manitoba Manitoba Consumer Protection Act New Brunswick Collection Agencies Act Newfoundland Collections Act Northwest Territories Consumer Protection Act Nova Scotia Collection Agencies Act Nunavut Consumer Protection Act Ontario Collection Agencies Act http://www.sse.gov.on.ca/mcs/en/Pages/Personal_Finance_Collection_Agency_Rights.aspx Prince Edward Island Collection Agencies Act Quebec An Act respecting the Collection of Certain Debts Saskatchewan Collection Agents Act Yukon Consumers Protection Act