Links to Candian laws - Statute of limitations, Debt collector laws

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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

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Making a complaint against a collection agency or a collector

 

The following list contains information about how to make a complaint against a collection agency or a collector. Your complaint should be made to the office of the licensing administrator in the province or territory in which you live.

 

Alberta

If you are an Alberta resident and you wish to make a complaint you can do so online, or by mail or by fax. To make a complaint online go to http://www.servicealberta.gov.ab.ca/file-a-complaint.cfm, complete the Online Consumer Complaints Form, and submit online.

 

Alberta residents can also mail or fax a complaint to the following offices:

 

For residents with a (780) area code Service Alberta;

North Field Services, Licensing
3rd Floor, Commerce Place
10155 102nd Street
Edmonton, AB T5J 4L4
Fax: (780) 422-9106

 

For residents with a (403) area code Service Alberta;

South Field Services, Licensing
301, 7015 MacLeod Trail South
Calgary, AB T2H 2K6
Fax: (403) 297-4270

 

British Columbia

 

British Columbia residents wanting to make a complaint should do so, in writing, completing a General Complaint Form available at

 

On the homepage, under Consumer Protection click on https://www.consumerprotectionbc.ca/consumers-alias/help-for-how-can-we-help.,complete it, sign it, and forward it to the following office, together with any supporting documentation:

 

Business Practices and Consumer Protection Authority

Attention: Inquiry Centre
PO Box 9244
Victoria, BC V8W 9J2
Toll Free: 1 (888) 564-9963
Fax: (250) 920-7181
e-mail: info@bpcpa.ca

 

Manitoba

 

Manitoba residents wishing to make a complaint, should do so in writing, by mail, fax, or e-mail to the following office:

Consumer's Bureau
Government of Manitoba
258 Portage, Rm 302
Winnipeg, MB R3C 0B6
Tel.: (204) 945-3975
Fax: (204) 945-0728
e-mail: consumersbureau@gov.mb.ca

 

New Brunswick

 

New Brunswick residents wanting to make a complaint can do so by telephone, mail, fax or e-mail at the following office:

Ms Leanne Smith
Department of Justice and Consumer Affairs
Government of New Brunswick
440 King Street, King Tower, Rm. 649
Fredericton, NB E3B 5H8
Tel.: (506) 453-2659
Fax: (506) 444-4494
e-mail: leanne.smith@gnb.ca

 

Newfoundland and Labrador

 

Residents of Newfoundland and Labrador wishing to make a complaint should do so, in writing, by mail, fax or e-mail, to the following office:

Ms. Lisa Whalen
Consumer Affairs Officer
Department of Consumer Affairs
Trade Practices Division
Department of Government Services
Government of Newfoundland and Labrador
5 Mews Place
St. John's, NL A1B 4J6
Tel.: (709) 729-2660
Fax: (709) 729-6998
e-mail: lwhalen@gov.nl.ca

 

Northwest Territories

 

Residents of the Northwest Territories can make a complaint by contacting the following office:

Michael Gagnon
Senior Policy Advisor
Consumer Services
Department of Municipality and Community Affairs
Government of NWT
Suite 400, 5201 50th Avenue
Yellowknife, NT X1A 3S9
Tel.: (867) 873-7125
Fax: (867) 873-0609
e-mail: Michael_Gagnon@gov.nt.ca

 

Nova Scotia

 

Nova Scotia residents who wish to make a complaint should do so online at www.gov.ns.ca/snsmr/consumer/resolve.asp. This webpage is titled "Consumer Information - Resolving Consumer
Issues". You need to scroll down to the bottom of this page and click where it says "To submit a consumer complaint please click here". If you scroll down on the next page there is a form titled CONSUMER COMPLAINT FORM which you can fill out online and then submit online.

Nova Scotia residents can also telephone Service Nova Scotia for assistance with a complaint at (902) 424-5200 or toll free at (800) 670-4357.

Nunavut

Nunavut residents wishing to make a complaint should submit a written complaint using a form available from the following office:

Mr. Silas Arngnanaaq
Acting Senior Officer
Department of Community & Government Services
Government of Nunavut
267 Qaiqtuq Building
P.O. Box 440
Baker Lake, NU X0C 0A0
Tel.: (867) 793-3315
Fax: (867) 793-3321
e-mail: sarngnanaaq@gov.nu.ca

 

Ontario

 

Ontario residents can make a complaint by telephone or online. Residents can make a complaint by calling the Ontario Consumer Services Bureau at (416) 326-8611 or toll free at (800) 889-9768. Ontario residents can also visit www.cbs.gov.on.ca/compform/english/complaint.asp, complete the online Complaint Form, and then submit it online.

 

 

Prince Edward Island

 

PEI residents who wish to make a complaint can contact the following office by telephone, by mail, by fax, or by e-mail:

Ms Linda Peters
Compliance Officer
Consumer Services Division
Office of the Attorney General
Government of PEI
Shaw Building, 95 Rochford Street
Charlottetown, PE C1A 7N8
Tel.: (902) 368-5653
Fax: (902) 368-5283
e-mail: lmpeters@gov.pe.ca

 

Quebéc

 

Quebec residents who wish to make a complaint should contact their local Consumer Protection Office (Office de la protection du consommateur).

 

Montréal (514) 253-6556 Québec (418) 643-1484 Trois-Rivières (819) 371-6400 Saguenay (418) 695-8427 Gatineau (819) 772-3016 Sherbrooke (819) 820-3694 Saint-Jérôme (450) 569-7585 Ailleurs au Québec 1 888 OPC-ALLO (1 888 672-2556)

 

Saskatchewan

 

The Saskatchewan Protection Branch suggests you call their staff toll free at 1 (888) 374-4636 or in Regina at (306) 787-5550. If the staff recommends that you file a formal complaint then you may make a written complaint using the COMPLAINT FORM available at www.justice.gov.sk.ca/cpb. On the home page click, on the left-hand side of the page click on Forms and on the next page click on Consumer Complaint Form. On the next page you can click on the button marked "Open Form". After you have opened the COMPLAINT FORM you can print this form and then complete it.

You can send your completed COMPLAINT FORM and any supporting documentation, by mail or by fax, to:

Consumer Protection Branch
Government of Saskatchewan
1919 Saskatchewan Drive, Suite 500
Regina, SK S4P 4H2
Fax: (306) 787-9779
e-mail: consumerprotection@justice.gov.sk.ca

 

Yukon

 

Yukon residents who wish to make a complaint should contact the following office:

Ms Roberta Allen
Consumer Relations Officer
Yukon Government Community Services
Consumer and Protective Services
C-5
Third Floor, 2130 2nd Avenue
Whitehorse, Yukon Y1A 5H6
Tel.: (867) 667-5360
Fax: (867) 667-3609
e-mail: roberta.allen@gov.yk.ca

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LInks to your Provincal Gavermenet websites for Consumer Protections

 

Canada - federal http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/home

Debt collection, federal laws http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/h_ca02149.html

 

 

Alberta http://www.servicealberta.gov.ab.ca/ConsumerTipsheets.cfm#credit

 

British Columbia http://www.consumerprotectionbc.ca/news/debt-collection

 

Manitoba http://www.gov.mb.ca/cca/cpo/

 

New Brunswick http://fcnb.ca/consumer-affairs.html

 

Newfoundland and Labrador http://www.servicenl.gov.nl.ca/consumer/consumer_affairs/

 

Northwest Territories http://www.maca.gov.nt.ca/?page_id=504

 

Nova Scotia http://www.gov.ns.ca/snsmr/access/individuals/consumer-awareness.asp

 

Ontario http://www.sse.gov.on.ca/mcs/en/Pages/Personal_Finance_Collection_Agencies.aspx

 

Prince Edward Island http://www.gov.pe.ca/consumerservices/

 

Quebéc http://www4.gouv.qc.ca/FR/Portail/Citoyens/Evenements/consommateur-renseignement-plainte/Pages/accueil.aspx

 

Saskatchewan http://www.fcaa.gov.sk.ca/Consumer-Protection-Division

 

Yukon http://www.community.gov.yk.ca/consumer/cp.html

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Credit reporting and credit reporting agencies are regulated by provincial and territorial governments.

 

For more information, contact your provincial or territorial consumer affairs office.

Please note: If the incorrect information comes from a federally regulated financial institution, the Financial Consumer Agency of Canada (FCAC) website provides additional information on how to get errors corrected.

Coordinates for the major credit reporting agencies in Canada:

Equifax Canada
Tel: 1-800-465-7166
Fax: 514-355-8502

TransUnion Canada
Tel: 1-866-525-0262 (For all residents except Quebec)
Tel: 1-877-713-3393 (For Quebec residents)

 

 

The Credit Reporting Act in Canada lets the credit reporting agencies know what information they are allowed to collect, who can provide that information to them, who can use credit reports, and what credit reports can be used for. In addition, the Credit Reporting Act protects your privacy by placing limits on the information that the credit reporting agencies can include in your credit report and limiting who can receive your credit report information. In this law, it is stated that your credit report cannot contain the following:

 

Information about any bankruptcy if at least 6 years have passed since the date you were discharged from bankruptcy, unless you have declared bankruptcy more than once

 

Information about a court judgment against you if at least 6 years have passed since the date the judgment was given, unless the lender confirms that the debt has not been paid

 

Information about any conviction for a crime or about a summary conviction if at least 6 years have passed since the date of your conviction or, if you were imprisoned, since the date of your release or parole. If you were convicted but were granted a full pardon, no information about the conviction can be reported

 

Information about any debt if at least 6 years have passed since the date you last made a payment on that debt or, if no payment has been made on that debt, since the date the debt was incurred

 

Information about any court action or proceeding begun against you in the last year, unless the credit report includes the current status of the action or proceeding

 

Information about a court judgment against you, unless the name of the lender and the amount of the judgment are included

 

 

For residents of Ontario

The Ministry of Consumer Services helps educate, protect and serve consumers in Ontario by ensuring a fair, safe and informed marketplace. Its website offers useful information and tips related to credit reporting. Under the Ontario Consumer Reporting Act, consumers are entitled to know who has accessed their personal credit records and when.

• Ministry of Consumer Services - Your Credit: Handle with Care
• Ministry of Consumer Services - Credit Repair
• Ministry of Consumer Services - Credit Reporting

 

For residents of Quebec

For more information on this topic, you may wish to contact your territorial consumer affairs office. They can be reached at:

Office de la protection du consommateur
400 Jean-Lesage Boulevard, Suite 450
Québec, Quebec G1K 8W4
Telephone: 418-643-1484
Toll Free: 1-888-672-2556
Fax: 418-528-0976
Website: www.opc.gouv.qc.ca

For residents of Nova Scotia

Service Nova Scotia and Municipal Relations is responsible for enforcing consumer protection legislation in the province and providing information products and services to consumers, notably through Access Nova Scotia.

The consumer awareness section of the Access Nova Scotia website provides information for consumers on a number of issues, including credit reporting.

• Access Nova Scotia - Credit Reporting

 

For residents New Brunswick

For more information on this topic, you may wish to contact your territorial consumer affairs office. They can be reached at:

Financial and Consumer Services Commission
Kings Place (King Tower)
440 King Street
Fredericton, New Brunswick E3B 5H8
Telephone: 506-453-2659
Toll Free : 1 866 933-2222
Fax: 506-444-4494
Email: info@fcnb.ca
Website: www.fcnb.ca

For residents of Manitoba

Consumer and Corporate Affairs, a division of Manitoba Family Services and Consumer Affairs, helps educate, protect and serve consumers by building consumer confidence in the marketplace and by providing responsive client services.

The Consumer and Corporate Affairs website provides information and tips for consumers on a number of issues, including information on credit reporting.

Under the The Personal Investigations Act, you are entitled to know who has accessed your personal credit records and when.

• Family Services and Consumer Affairs - Your Personal Credit Record (PDF, 270KB)

 

For residents of British Columbia

For more information on this topic, you may wish to contact your territorial consumer affairs office. They can be reached at:

Consumer Protection BC
#307-3450 Uptown Blvd
PO Box 9244
Victoria, British Columbia V8W 9J2
Telephone: 604-320-1667
Toll Free: 1-888-564-9963
Fax: 250-920-7181
Email: info@consumerprotectionbc.ca
Website: http://www.consumerprotectionbc.ca

For residents of Prince Edward Island

The Consumer Services section of the Prince Edward Island Department of Environment, Labour and Justice provides consumers with information and guidance so that they can make informed decisions. They are also responsible for protecting the public through licensing and regulation of certain individuals, businesses and non-profit enterprises.

Their website provides information for consumers on a number of issues, including consumer credit reporting agencies.

• Consumer Services - Consumer Reporting Agencies

For residents of Saskatchewan

The Ministry of Justice and Attorney General is responsible for the regulation of consumer and marketplace relations in Saskatchewan. Their website offers useful information and tips for consumers on a number of issues, including information on credit reporting.

• Ministry of Justice and Attorney General - Credit Reports and Reporting Agencies

 

For residents of Alberta

Service Alberta works to ensure a fair marketplace for both buyers and sellers by investigating consumer complaints, enforcing consumer protection legislation and providing information products and services to consumers.

Service Alberta's website contains consumer information and tips on a variety of consumer issues, including a tip sheet on credit reporting.

• Service Alberta
• Service Alberta - Tip Sheet: Your Credit Report (PDF, 186 KB)

 

For residents of Newfoundland and Labrador

Service NL provides accessible, responsive services to residents in many areas, including public health and safety, environmental protection and consumer protection.

Service NL website provides information and pamphlets for consumers on credit reporting, including their rights and responsibilties related to consumer reporting agencies.

• Service NL - Consumer Reporting

 

For residents of Northwest Territories

For more information on this topic, you may wish to contact your territorial consumer affairs office. They can be reached at:

Consumer Affairs, Department of Municipal and Community Affairs
5201-50th Avenue, Suite 600
PO Box 1320
Yellowknife, Northwest Territories X1A 3S9
Telephone: 867-873-7125
Fax: 867-873-0309
Email: michael_gagnon@gov.nt.ca
Website: http://www.maca.gov.nt.ca/?page_id=504

For residents of Yukon

For more information on this topic, you may wish to contact your territorial consumer affairs office. They can be reached at:

Consumer Services, Department of Community Services
Andrew Philipson Law Centre
2130 Second Avenue, 3rd Floor
PO Box 2703 (C-5)
Whitehorse, Yukon Y1A 2C6
Telephone: 867-667-5111
Toll Free: 1-800-661-0408 ext. 5111
Fax: 867-667-3609
Email: consumer@gov.yk.ca
Website: www.community.gov.yk.ca/consumer/index.html

For residents of Nunavut

For more information on this topic, you may wish to contact your territorial consumer affairs office. They can be reached at:

Consumer Affairs, Department of Community and Government Services
267 Qaiqtuq Building
P.O. Box 440
Baker Lake, Nunavut X0C 0A0
Telephone: 867-793-3303
Toll Free: 1-866-223-8139
Fax: 867-793-3321
Email: Laupaluktuq@gov.nu.ca
Website: www.gov.nu.ca/english/

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Article on Increased use of Credit reports in Employment

 

 

http://www.huffingtonpost.ca/2015/04/21/td-bank-credit-rating-jobs_n_7057312.html

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Ontario passed a new Debt settlement act in 2015

 

https://www.ontario.ca/laws/statute/90c14

 

The guidelines, which took effect just weeks ago, see Ontario join Alberta, Manitoba and Nova Scotia in taking action against debt settlement companies after an increase in consumer complaints about excessive fees, misleading contracts and failures to deliver the level of debt reduction promised.

The biggest changes to the industry are the act’s ban on the collection of fees before a debtor begins paying a creditor, and its strict limits on how much companies can charge consumers trying to settle debts, capping the amount at 15 per cent.

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http://www.rcmp-grc.gc.ca/scams-fraudes/id-theft-vol-eng.htm

If you suspect or know that you are a victim of identity theft or fraud, or if you unwittingly provided personal information or financial information:

• Step 1 - Contact your local police force and file a report.
• Step 2 - Contact your bank/financial institution and credit card company
• Step 3 - Contact the two national credit bureaus and place a fraud alert on your credit reports.
  • Equifax Canada
    Toll free: 1-800-465-7166
  • TransUnion Canada
    Toll free: 1-877-525-3823
• Step 4 - Always report identity theft and fraud. Contact the Canadian Anti-Fraud Centre