– http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/h_ca02149.html

– http://www.cbc.ca/news/canada/4-things-to-know-if-you-re-harassed-by-debt-collectors-1.1153120

– Collection Agencies Act CHAPTER 77 – http://nslegislature.ca/legc/statutes/collecta.htm

– Business Practices and Consumer Protection Act – http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_00

– https://www.bankruptcycanada.com/debtcollectors.htm  they have a page that might be useful:

Canadian debt collection rules. Debt collection in Canada.

Debt collection in Canada is governed by the provinces and territories. All the provinces and territories have similar laws, which attempt to strike a balance between giving creditors an opportunity to collect the money that is owed to them and preserving the debtors’ rights not to be unduly harassed and to be treated with dignity. Collection efforts can be persistent but collectors cannot phone at unreasonable hours or jeopardize the debtor’s job by interrupting him or her at work.

Unreasonable Collection Practices

The following are some of the unreasonable collection practices outlined in the BC Business Practices and Consumer Protection Act:

Debt collectors are not allowed to:

• Make a charge or threat that has nothing to do with the collection of the debt;
• Make abusive calls in which they lose their temper and use profanity or other verbal abuse;
• Talk to your employer without your permission, unless it’s to confirm your employment;
• Talk to you, your family or your employer in a way that will humiliate or distress anyone.
• Make frequent calls that constitute harassment. Unless you provide the reason, a collector should NEVER call you more than once a day. Reasonable collection practices should not require that the collector call you more than once a week or every second week in order to determine if your financial situation has changed;
• Give you a document that is made to look like an official court document when it isn’t.

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Statute of Limitations on Canadian Debts

The Federal and Provincial Governments have Limitation Acts which provide a limit on the time an unsecured debt can be perused by legal proceedings. If an unsecured debt is not collected, or payments are not made on the unsecured debt within these time limits, then legal action cannot be taken by the creditor. For more information about statute of limitations for Canadian debt, please check out the Credit Collection forum.

• British Columbia –   link
  • UPDATE: The British Columbia government has announced that as of June 1, 2013, their new Limitation Act comes into effect. The basic limitation period for civil claims will be two years going forward, dating from “discovery of the claim”. An ultimate limitation period of 15 years will be in place as well. Any claims with debts incurred prior to June 1, 2013 may still fall under the old Limitation Act. Discovery has it’s own interesting terminology, and is not as simple as the language of some other provinces.In British Columbia, a judgment is valid for ten years, as per their Limitations Act (linked above). A judgment for possession of land, a debt owed from collateral, or other very specific circumstances, the Limitations Act states there is no limit to recourse, and is laid out within the law.The Credit BureauNotwithstanding legal action, there is a separate limitation enforced by provincial law on what can be placed on the credit bureau.The Limitation of a non-secured debt is addressed in Section 3 (5) of the BC Limitation Act, and sets six years as the limit for debt. As with other provinces, the Limitations Act states with acknowledgement of the right of the creditor, or a partial payment, the time limit is reset.In British Columbia that other law that governs reporting to the credit bureau is the Personal Information Protection Act:
  • BC ACT updated http://www.ag.gov.bc.ca/legislation/limitation-act/2012.htm
    • Key changes include (PDF Limitation Period Explained):
      • moving from a variety of basic limitation periods, based on the type of legal action, to a single two-year basic limitation period for all civil claims. Exceptions to this are civil claims that enforce a monetary judgment, exempted claims and actions that have limitation periods set by other statutes;
      • moving from a general 30-year ultimate limitation period to a single 15-year ultimate limitation period;
      • changing the commencement model of the ultimate limitation period from an “accrual” model to a model in which the clock starts running based on when an “act or omission” occurred; and
      • transition rules.
      • WATCH A VIDEO
• 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 6 years as the limit for debt.
• Newfoundland and Labrador – Limitations Act, S.N.L. 1995, c. L-16.1, ss. 5(b); 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. 1989, c.258, s. 2(1)(e). sets 6 years as the limited for debt. However, within 4 years of expiry of general limitation period, court may disallow the limitation period, having regard to circumstances of the case – Listed are enumerated factors to consider including date of “discovery” of claim.
• 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.

In the event that a judgment has been filed against a consumer, limitations are still set of the time that judgement can be collected. Specific cases and questions regarding limitations after a judgment has been filed against you can be found asked in the forum.

It is also important to note that limitation can be reset. Limitations begin when a cause of action arises, this is typical the date of last activity or the date of last payment, therefore if you have a bad debt and you start making payments, the statute of limitations resets.

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Reporting Complaints about a Collection Agency

Consumers who wish to complain about a collection agency may contact their provincial or territorial office of consumer affairs.

British Columbia
Consumer Protection Agency: 1-888-564-9963.

Alberta
Service Alberta
Consumer Services Branch
3rd Floor, Commerce Place
10155 – 102 Street
Edmonton, AB T5J 4L4
Tel: (780) 427-4088
Toll Free (in Alberta): 1-877-427-4088
Fax: (780) 427-3033

Saskatchewan
Consumer Protection Branch
Department of Justice
1871 Smith Street
Regina SK S4P 3V7
Tel: (306) 787-5550
Toll Free (in Saskatchewan): 1-888-374-4636
Fax: (306) 787-9779

Manitoba
Consumers Bureau
Manitoba Finance
302-258 Portage Avenue
Winnipeg MB R3C 0B6
Tel: (204) 945-3800
Toll Free: 1-800-782-0067 (in Manitoba)
Fax: (204) 945-0728
E-mail: consumersbureau@gov.mb.ca

Ontario
Government Services
Consumer Services Bureau
33nd Floor, 250 Yonge Street
Toronto ON M5B 2N5
Tel: (416) 326-8800
Toll Free: 1-800-889-9768

Quebec
Office de la protection du consommateur
Room 450, 400 Jean-Lesage Boulevard
Quebec QC G1K 8W4
Tel: 1-888-672-2556
Fax: 418-528-0976

New Brunswick
Justice Services Division
Office of the Rentalsman and Consumer Affairs Branch
Centennial Building
PO Box 6000
Fredericton NB E3B 5H1
Tel: (506) 452-2583
Fax: (506) 453-3651

Prince Edward Island
Consumer, Corporate and Insurance Division
Fourth Floor, Shaw Building
95 Rochford Street
PO Box 2000
Charlottetown PEI C1A 7N8
Tel: (902) 368-4550
Fax: (902) 368-5283

Nova Scotia
Mail Room, 8 South
Maritime Centre
1505 Barrington Street
Halifax, NS
B3J 3K5
Tel: (902) 424-5200
Toll Free: 1-800-670-4357 (in Nova Scotia)
Fax: (902) 424-0720

Newfoundland and Labrador
Consumer and Commercial Affairs Branch
Department of Government Services and Lands
2nd Floor, Confederation Building West Block
PO Box 8700
St. John’s NF A1B 4J6
Tel: (709) 729-2570
Fax: (709) 729-4151

Yukon
Department of Community Services
PO Box 2703
Whitehorse YK Y1A 2C6
Tel: (867) 667-5111
Toll Free: 1-800-661-0408
Fax: (867) 667-3609

Northwest Territories
P.O. Box 1320
Yellowknife NWT X1A 2L9
Tel: (867) 669-2377
Fax: (867) 873-0169

Nunavut
Community Government and Transportation
Box 1000, Station 204
Igaluit, NU X0A 0H0
Tel: (867) 975-5300
Fax: (867) 975-5305