Prohibited Collection Practices In Canada (Harassment)

 

In May of 2001, Federal, Provincial and Territorial Ministers Responsible for Consumer Affairs ratified a harmonization initiative that will enable all provinces and territories to implement a common list of prohibited collection practices. This consistent approach to the collection practices of companies, that are now often doing business in multiple jurisdictions, will ensure clarity for consumers, the industry and regulators. The practices discussed included such issues as excessive pressure, disclosure and privacy. In April 2003, the CMC Working Group on collection agencies agreed upon a revision to the harmonized list.

 

Harassment

 

No [collection agency] shall communicate or attempt to communicate with the debtor, any member of the debtor's family or household, any relative, neighbor, friend or acquaintance of the debtor, or the debtor's employer, by any means, in such a manner or with such frequency as to constitute harassment, including:

 

the use of threatening, profane, intimidating or coercive language;

 

the use of undue, excessive or unreasonable pressure;

 

threatening to publish or publishing a debtor's failure to pay.

You can read the full Document and download it in PDF at the following link:

http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/ca01786.html

Statute Of Limitations On Debts In Canada

March 4, 2003 decision of the Supreme Court of Canada decided that limitations applied to CRA as well as other Crown proceedings. Section 32 of the Crown Liability and Proceedings Act and Section 3 (5) of the BC Limitation Act barred collection of the Federal and Provincial portions of the debt since the debt was more than 6 years old.

The following is the Statute Of Limitations laws for the Provinces and Federal Government in Canada

British Columbia - Section 3 (5) of the BC Limitation Act sets 6 years as the limit for debt.

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 2002 , came into force on January 1, 2004. It sets two years as the term (Section 4). This limitation will be reinstated where the debtor acknowledges the debt or makes a partial payment towards repayment of his debt. If the default occurred prior to January 1, 2004, the creditor will continue to have 6 years to pursue the claim. However, if the default occurred after January 1, 2004 then the 2-year rule applies.

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.

In Canada, there are three major credit bureaus: Equifax Canada, NCB Inc. and TransUnion Canada;

http://www.consumer.equifax.ca/home/en_ca

http://www.creditbureau.ca/

http://www.transunion.ca/

Canadian Debt Collection, Creditors' Remedies.

http://www.canadianlawsite.ca/debt-collection.htm#t

Canadian Debt Collection, Creditors' Remedies.

http://www.canadianlawsite.ca/debt-collection.htm#b

CONVENTION BETWEEN CANADA AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND PROVIDING FOR THE RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

 

Canada-United Kingdom Civil and Commercial Judgments Convention Act (R.S.C., 1985, c. C-30)

 

An Act to implement a convention between Canada and the United Kingdom of Great Britain and Northern Ireland providing for the reciprocal recognition and enforcement of judgments in civil and commercial matters

 

Short title

1 This Act may be cited as the Canada-United Kingdom Civil and Commercial Judgments Convention Act.

 

1984, c. 32, s. 1.

 

Convention approved

 

2 The Convention entered into between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland, set out in the schedule, is approved and declared to have the force of law in Canada during such period as, by its terms, the Convention is in force.

 

1984, c. 32, s. 2.

 

Inconsistent laws

 

3 In the event of any inconsistency between the provisions of this Act, or the Convention, and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency.

 

1984, c. 32, s. 3.

 

Regulations

 

4 The Minister of Justice may make such regulations as are necessary for the purpose of carrying out the Convention or for giving effect to any of the provisions thereof.

 

1984, c. 32, s. 4.

 

Promulgation of dates

 

5 Notice of the day the Convention comes into force and of the day it ceases to be effective shall be given by proclamation of the Governor in Council published in the Canada Gazette.

 

1984, c. 32, s. 5.

 

SCHEDULE

(Section 2)

Convention Between Canada and the United Kingdom of Great Britain and Northern Ireland Providing for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters

You can read the full document and download it in PDF from the following link:

http://laws-lois.justice.gc.ca/eng/acts/C-30/FullText.html