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Collection Agencies (Ontario) Legal Guide
(01 July 2019)

Chapter 2 -
Exemptions from CADSSA

  1. Overview
  2. Fully-Exempt Activities
    (a) Direct Collection by a Creditor
    (b) One Debt Collection Effort on Behalf of Another
    (c) Lawyers
    (d) Insurance Companies, Agents and Brokers
    (e) Insolvency Officials
    (f) Real Estate and Business Brokers
    (g) Banks, Loan and Trust Corporations and Credit Unions
    (h) Repealed.
    (i) Debts Acquired Through Asset Sales
    (j) Debts Seized as Accounts Receivable Under Security Agreements
    (k) Debts Acquired from Assignment of Contracts
    (l) Debts Acquired by Purchasing Financing Agreements
    (m) Debts Purchased to Permit Collection in Name of Original Creditor
    (n) Debts Acquired by Assignment of Payments Under Financing Agreements of Purchase of Goods and Services
    (o) Creditor Presenting Bills
    (p) Rent Collection
    (q) Collection on Behalf of Affiliates
    (r) Original Creditor
    (s) Collection from Corporate (Non-Individual) Debtors
    (t) Persons or Entities Registered under the Securities Act or Commodity Futures Act
    (u) Persons or Entities Licensed under the Mortgage Brokerages, Lenders and Administrators Act, 2006
  3. Partial CADSSA Exemptions
    (a) Extra Charge and Other Exemptions Respecting Charitable Not-for-Profit Credit Counselling Services
    (b) Collectors Need Not State Collection Agency Name Where Collecting Recent
    Debts under Non-Contingency Arrangements with Creditors
    (c) Family Support Collectors May Include Extra Charges
    (d) Debts Owed to the Crown May Include Extra Charges
  4. Lawyers, Paralegal and their Employees
    (a) Overview
    (b) Lawyers and Paralegals Who Hold Themselves Out to Public as Engaging in Debt Collection
    (c) Lawyers Engaged in Debt Collection from Specific Persons
_______________________________________________

1. Overview

This chapter sets out situations when collection-related activities are exempt from the CADSSA legal regime. Unless such activities are performed by a registered collection agent or collector, or unless they are exempted as set out in this chapter, then they are illegal [CADSSA s.4(1)].

Keep in mind that these are exemptions from the CADSSA regime only. Any collection activities which are listed here as exempt, in whole or part, from the CADSSA regime are still subject to the constraints imposed by tort law [Ch.8], by the Consumer Protection Act (CPA) [Ch.7] (unless exempt by the CPA), and - in extreme cases - by the Criminal Code [see the Sabine case discussed in Ch.4, s.4].


2. Fully-Exempt Activities

(a) Direct Collection by a Creditor

First off, the definition of "collection agency" itself (ie. "a person ... who obtains or arranges for payment of money owing to another person") [CADSSA 1(1)] necessarily exempts from the CADSSA legal regime collection activities conducted by a direct creditor.

A direct creditor is either the party that lent the money (or extended the credit) initially, or an 'assignee' of that debt (ie. someone who 'bought' the debt). Selling debt is big business.

In other words, a party can collect their own debts without falling under CADSSA regulation. That doesn't mean of course that such 'self-collection' is entirely unregulated, as it will be governed by both the general criminal law and common law tort remedies [see Ch.8], and possible under the Consumer Protection Act (CPA) provisions discussed in Ch.7.

(b) One Debt Collection Effort on Behalf of Another Person

This exemption applies to "an isolated collection made by a person whose usual business is not collecting debts for other persons" [CADSSA 2(f)]. I read this as exempting debt collection for someone else if it is with respect to one debt only, but that with respect to that one debt it allows as many otherwise lawful collection efforts as are required.

(c) Lawyers

Lawyers, paralegals and their employees engaged in debt collection as an aspect of the "regular practice of his or her profession" are technically exempt from the application of the CADSSA [CADSSA 2(a), G Reg 18.2(3)], however they are in fact subject to extensive CADSSA regulation (see s.4, below).

(d) Insurance Companies, Agents and Brokers

Licensed insurance companies, licensed agents and registered insurance brokers engaged in debt collection of business-related debts, and their employees so engaged, are exempt from the application of the CADSSA [CADSSA 2(b)].

(e) Insolvency Officials

The CADSSA does not apply to "assignee, custodian, liquidator, receiver, trustee or other person licensed or acting under the "Bankruptcy and Insolvency Act" (Canada), the "Corporations Act", the "Business Corporations Act", the "Courts of Justice Act" or the "Winding-up and Restructuring Act" (Canada) or a person acting under the order of any court" [CADSSA 2(1)(c)]. Such persons are sometimes put into the position of collecting debts when the debts form part of the estate of a debtor whose assets they are managing in insolvency proceedings.

(f) Real Estate and Business Brokers

Any "broker or salesperson registered under the Real Estate and Business Brokers Act, 2002, or an official or other employee of such a broker" is exempt from the CADSSA with respect to the collection of business-related debts [CADSSA 2(d)]. This legislation can cover a broad range of business activities, and each individual case where the exemption may apply should be considered to see if the creditor is so-registered.

(g) Banks, Loan and Trust Corporations and Credit Unions

Some financial institutions such as foreign banks ["authorized foreign banks under s.2 of the Bank Act (Canada)], loan or trust corporations "registered under the "Loan and Trust Corporations Act", credit unions under the Credit Unions and Caisses Populaires Act, and employees of any of them acting "in the regular course of his or her employment" are exempt from the CADSSA [CADSSA 2(e,g); G Reg 19.2].

(h) Repealed.

(i) Debts Acquired Through Asset Sales

A person who purchases debts through acquiring or merging with a business in a transaction that includes the transfer of accounts receivable is exempt from the Act [CADSSA 2(h)].

(j) Debts Seized as Accounts Receivable Under Security Agreements

A person who acquires debts through the seizure of accounts receivable under a security agreement is exempt from the Act [CADSSA 2(i)].

(k) Debts Acquired from Assignment of Contracts

A person who acquires debts by taking an assignment of the contract that gave rise to the debt for the purposes of financing a transaction is exempt from the Act [CADSSA 2(j)].

(l) Debts Acquired by Purchasing Financing Agreements

A person who purchases a financing agreement or group of financing agreements or the payments due under a finance agreement or group of financing agreements is exempt from the Act [CADSSA 2(k)].

(m) Debts Purchased to Permit Collection in Name of Original Creditor

A person who purchases a debt that permits the person to collect the debt under the name of the original creditor is exempt from the Act [CADSSA 2(l)]. This exemption does not apply "unless the debt is collected under the original creditor’s name and the money owed is no more than 60 days after the date it was first due and payable" [g Reg 19.11].

(n) Debts Acquired by Assignment of Payments Under Financing Agreements of Purchase of Goods and Services

A person who enters into an agreement to finance the purchase of goods or services and who assigns the rights to payments under the agreement to a third party, even if the person continues to collect those payments on behalf of the third party.[CADSSA 2(m)].

(o) Creditor Presenting Bills

Where a creditor acting in their own name simply presents bills and gets paid, and does not "negotiate with or in any way attempt to obtain payment from debtors", then the CADSSA doesn't apply [G Reg 19.3].

(p) Rent Collection

The CADSSA does not apply to "an employee, designate or representative of an owner of a building who is responsible for managing the building, including by renting rooms or units, receiving rent and maintaining the building, with respect to dealing with amounts owed for rent to the owner by tenants of the building" [G Reg 19.4].

(q) Collection on Behalf of Affiliates

The CADSSA does not apply "to corporations in respect of the collection of debts for other corporations that are their affiliates, as defined in section 1 of the Business Corporations Act", except that "if the person owning the debt to be collected purchased the debt in arrears, then the Act continues to apply both to that person and to any affiliate of that person" [G Reg 19.5(1,2)].

(r) Original Creditor

The CADSSA does not apply to "a person with respect to the collection or attempted collection of a debt for which the person is the original creditor" [G Reg 19.6].

(s) Collection from Corporate (Non-Individual) Debtors

This is a huge exemption, and (sorted out from it double-negative verbiage) means that the CADSSA does apply to an "individual, including an individual who is the owner of a sole proprietorship or a member of a partnership or who has provided a personal guarantee" [G Reg 19.7]. This exemption from the CADSSA covers mostly corporate debtors - while individual debtors, individuals owning sole proprietorship, individuals who are members of a partnership, and individuals who have provided a personal guarantee are still covered.

(t) Persons or Entities Registered under the Securities Act or Commodity Futures Act

The CADSSA does not apply to "a person or entity registered under the Securities Act or Commodity Futures Act, to the extent of the business authorized by such registration, or to the employees of the registered person or entity" [G Reg 19.8].

(u) Persons or Entities Licensed under the Mortgage Brokerages, Lenders and Administrators Act, 2006

The CADSSA does not apply to "a person or entity licensed under the Mortgage Brokerages, Lenders and Administrators Act, 2006 with respect to the activities authorized by the licence" [G Reg 19.9].


3. Partial CADSSA Exemptions

(a) Extra Charge and Other Exemptions Respecting Charitable Not-for-Profit Credit Counselling Services

Charitable not-for-profit corporations must be registered under the CADSSA as collection agencies, but they (and their corporate officers) are exempt from both the examination requirements and from registration fees [G Reg 19.1(2,3)].
Case Note:
In R v Gnish (OCJ, 2004) the defendant, who operated what amounted to a debt consolidation service (negotiating on behalf of the debtor for pro rata payment schemes with all creditors based on the debtor's ability to pay), was charged with operating a "collection agency" without being registered. The defendant at no time took possession of monies to be distributed to creditors, as trustee or otherwise. They argued in defence that since their contractual relationship was with the debtor, that the CADSSA did not apply to them - implicitly (and unsuccessfully) arguing that the legislation only applied to debt collection on behalf of creditors.

While the court found that a plain language reading of the CADSSA did capture the defendant's activities within the definition of "collection agency", it also noted that the partial exemption of non-for-profit credit counselling agencies implicitly required that they come under the definition of "collection agencies" in the first place, for otherwise the exemption would be pointless [G Reg 19.1]. That being the case, the defendant's main argument that the CADSSA applied only to those collecting debts for creditors was flawed.
(b) Collectors Need Not State Collection Agency Name Where Collecting Recent Debts under Non-Contingency Arrangements with Creditors

This is an exemption that seems designed to allow businesses to use registered collectors (and their employer collection agencies) to collect recent debts without appearing to have sent the matter to an external collection agency. Without this exemption the collector would have to state the name of their collection agency to the debtor, which might jeopardize what the creditor hopes will be an ongoing business relationship.

Where the below-listed circumstances apply, collectors may contact a debtor in the name of the direct creditor - despite the prohibition against contacting a debtor using, or carrying on business under, a name other than their registered name [CADSSA 2(d)], and despite the prohibition against inviting the public to deal at a place other than that authorized by the registration [G Reg 19.1.1(1,2)].

These exemptions operate where all of the following conditions and contractual terms apply:
  • the debt is no more than 60 days overdue;

  • fees are not contingency-based;

  • the collection agency or collector may not receive or request to receive any money from the debtor; and

  • the collector must, in every contact with the debtor, give the name of the debtor and the name of the collector.
Before acting in this fashion however the collection agency which employs the collector must notify the Registrar in writing that they have entered into such a contract with a creditor, and they shall provide the name and address of the creditor [G Reg 19.1.1(3)].
Note:
G Reg 19.1.1 also provides that collection agencies and collectors acting in such circumstances are exempt from "clauses 20 (a) and (g) of this Regulation", however no such clauses exist, nor can I find anything in the Act or Regulation that might fit this role.
(c) Family Support Collectors May Include Extra Charges

Anyone acting as an assignee of the Attorney-General for collection purposes under the Family Responsibility and Support Arrears Enforcement Act [FRSAEA s.4] may, if the terms of their assignment so provide, charge the debtor such "fees, costs, disbursements, surcharges and other charges" despite the CADSSA s.22(a) prohibition against collecting or attempting to collect "for a person for whom it acts any money in addition to the amount owing by the debtor".

(d) Debts Owed to the Crown May Include Extra Charges

A de facto exemption to the prohibition against collecting or attempting to collect "for a person for whom it acts any money in addition to the amount owing by the debtor" [CADSSA s.22(a)] operates in favour of the Crown and public entities. Under the Financial Administration Act [FAA s.10] debts owed to the Crown or a public entity may, once in default, accumulate such interest and penalties as are specified by policy of the Minister of Finance (which in turn is subject to limitations established by Cabinet).

However where another statute or agreement specifically addresses what interest and/or penalties are due in the case of default, then those terms supercede this general FAA authority. At the discretion of the Minister of Finance, such interest and penalties are subject to reduction or forgiveness, where "financial hardship, economic considerations or other circumstances warrant such authorization".

This exemption is a practical rather than a formal exemption from CADSSA s.22(a)'s prohibition, as technically these added charges are added to the Crown debt. The exemption still does not allow a collector or collection agency to add such charges for their own benefit.


4. Lawyers, Paralegal and their Employees

(a) Overview

Even through the below 2018 regulation changes, lawyers and their employees who engaged in debt collection as an aspect of the "regular practice of his or her profession" ae exempt from the application of the CADSSA [CADSSA 2(1)(a)]. Similarly, paralegals and their employees "acting in the regular practice of the paralegal’s professional business' [G Reg 18.2(3)] are exempt as well.

However, before the regulation amendments of 2018, this exemption meant something - lawyers (paralegals weren't mentioned before) were truly exempt. Now, while lawyers and paralegals are still notionally 'exempt' from the Act, extensive (and I do mean extensive) amendments then took place which de facto 'registered' legal professionals who engage in defined debt collection behaviour under the CADSSA, and subjected them to what is a 'picking and chosing' of existing collection agency provisions.

There are two forms of the new regulatory regime: [(b) below] lawyers who hold themselves out to the public as debt collectors, and [(c) below] lawyers engaged in debt collection from 'specific persons' [that's about the best 'label' I could give this second category, it's drawn from G Reg 18.1(6)].

These provisions govern lawyers and paralegals in their professional businesses [as defined in s.1(1) of the Law Society Act] and their employees ("employed, appointed or authorized to CADSSA by any partnership, corporation or other entity in respect of which the [lawyer/paralegal] is employed, appointed or authorized to CADSSA and in respect of which the lawyer/paralegal is a partner or a shareholder or holds a similar position of authority") [G Reg 18.1(1,2), 18.2(1,2)].

Any materials that are "in the custody of or prepared by a lawyer or his or her employees" that are subject to solicitor-client or other forms of legal privilege are exempt from any application of the CADSSA [so if a paralegal is subject to privilege, which is not automatic as with lawyers, they are exempt: G Reg 18.2(4)] [G Reg 18.1(3)].

(b) Lawyers and Paralegals Who Hold Themselves Out to Public as Engaging in Debt Collection
Note:
Any references to 'lawyers' alone in this section, should be read as including paralegals [G Reg 18.2(4)].
The following CADSSA and its Regulation provisions apply to lawyers, paralegals and their employees, "reading the references, if any, to a collection agency in those provisions as being references to the lawyer or the employee, as the case may be, if the person holds himself or herself out to the public as a person who obtains or arranges for payment of money owing to another person in addition to the lawyer’s professional business" [G Reg 18.1(4)]:
  • definitions [CADSSA s.1];

  • CADSSA applies where either the collection agency/collector or debtor "is located in Ontario when the dealing takes place" [CADSSA 2(0.1)];

  • some exemptions from application of CADSSA [see Ch.2, s.2(b-n)] [CADSSA 2.1];

  • duty on collection agency to furnish Registrar with information as required on complaint [see Ch.6, s.2 "Complaints"] [CADSSA 12];

  • freezing orders [see Ch.6, s.4 "Freezing Orders"][CADSSA 19];

  • notice of changes [see Ch.3, s.3(a): Updating of Registration Information"][CADSSA 20];

  • furnishing material to Registrar [see Ch.3, s.3(c) "Compliance with Registrar Demands"][CADSSA 21(1)];

  • false advertising [see Ch.4, s.6(d): "Prohibitions Against Use of Misleading Documents"][CADSSA 21(2)];

  • no waiver of rights [see Ch.4, s.1 'Overview'] [CADSSA 22.1];

  • notice as to money collected [Ch.4, s.1(c): ""Collector" Defined"] [CADSSA 23];

  • false advertising [see Ch.4, s.6(d): "False Advertising"] [CADSSA 25] ("except for the reference to section 16.3 or 16.4 or clause 22 (e) or (f) in subsection 25 (2) of the Act", which are respectively: 'representations and false advertising re debt settlement services, and prohibited practices re debt collection or debt settlement services')

  • service of documents [see Ch.3, s.2(g): "Service of Notices and Orders"][CADSSA 26];

  • restraining orders [see Ch.6, s,5: "Compliance Orders"] [CADSSA 27];

  • offenses [see Ch.6, s.10: "Offenses"] [CADSSA 28] except:

    • the strict liability offences at s.10(d) [CADSSA 28(1)(d)];
    • the mens rea offences (that are not deal with as strict liability offences, above) [CADSSA 28(1)(c)];
    • the corporation offence of “fail(ing) to take reasonable care to prevent the corporation from committing" a strict liability offence under s.28(1)(d), above.

  • certificates as evidence [CADSSA 29] [see Ch.6, 9(h)];

  • administrative fees [CADSSA 29.1] [see Ch.3];

  • record-keeping [G Reg 13(12)] [see Ch.3, s.3(2): "Record-keeping Duties"];

  • record-keeping duration [G Reg 13(13)] [see Ch.3, s.3(2): "Record-keeping Duties"];

  • corporate change in director or change in controlling interest [G Reg 16] [see Ch.3, s.3(a): "Ongoing Duties of Registrants: Updating of Registration Information"];

  • payout of debt funds collected [G Reg 18] [see Ch.3, s.3(d): "Payment of Collection Funds"];

  • some identity exemptions where recent debts [G Reg 19.1.1] [see Ch.4, s.5(f): "Some Exceptions Where Collecting Recent Debts under Non-Contingency Arrangements"];

  • CADSSA exemption where original creditor [G Reg 19.6] [see Ch.2, s.2(r): "Original Creditor"];

  • collection from non-individual debtors [G Reg 19.7] [see Ch.2, s.2(s): "Collection from Corporate (Non-Individual) Debtors"];

  • exception to exemption where debts purchased to permit collection in name of original creditor [G Reg 19.11] [see Ch.2, s.2(m): "Debts Purchased to Permit Collection in Name of Original Creditor"];

  • administrative penalties as they apply to lawyers and their employees [G Reg 33, AR Reg] [see Ch.6, s.11].
These provisions cease to apply with respect to a specific debt if the lawyer, "acting in the regular practice of the lawyer’s professional business on behalf of a client, commences a legal proceeding against the debtor with respect to the debt" [G Reg 18.1(9)].

If a CADSSA provision listed in the above section applies to a lawyer, paralegal or an employee thereof, the person shall [G Reg 18.1 (5)]:
  • provide the Registrar with a current address for service;

  • file with the Registrar,

    (i) copies of all forms and form letters that the person proposes to use in dealing with debtors, and

    (ii) copies of forms of agreement that the person proposes to use in dealings with others for whom the person acts or proposes to act;

  • produce records and information, to the Registrar upon request within a specified time limit, regarding the person’s activities under the CADSSA and the regulations;

  • at the request of the Registrar, provide verification, by affidavit or otherwise, of any information or material that the person provides to the Registrar, and

  • maintain and store the records of the person’s activities under the CADSSA and the regulations separate from the records that the person maintains with respect to any other activities.
(c) Lawyers Engaged in Debt Collection from Specific Persons
Note:
Any references to 'lawyers' alone in this section, should be read as including paralegals [G Reg 18.2(4)].
The following 'specific person' provisions apply to lawyers, paralegals and their employees collecting debts if the legal professional has either [G Reg 18.1(6)]:
  • Own Debt

    Obtained the debt by purchase, assignment, transfer or any other means and is seeking to collect the debt on his or her own behalf and not in the regular practice of the lawyer’s professional business on behalf of a client;

  • Repeated Oral Communication on Behalf of Same Creditor or Holding Out Same; Exception

    "(O)n behalf of the same creditor, by any oral means of communication, contacts the debtor, the debtor’s spouse, a member of the debtor’s family or household, a relative, neighbour, friend or acquaintance of the debtor, the debtor’s employer, a person who guaranteed the debt or a person mistakenly believed to be the debtor more than three times in a seven-day period", this also applies to a lawyer who holds themselves out to the public as providing the same service. However there is an exception "if the person being contacted consents to or requests the contCADSSA at the time of the contact"; or

  • Using Various Communication Devices or Holding Out Same

    "(E)mploys an automatic dialing-announcing device, a predictive dialing device, bulk texting or any other similar communication technology in communications with the debtor, the debtor’s spouse, a member of the debtor’s family or household, a relative, neighbour, friend or acquaintance of the debtor, the debtor’s employer, a person who guaranteed the debt or a person mistakenly believed to be the debtor or holds himself or herself out to the public as able to provide such a service."
These provisions cease to apply with respect to a specific debt if the lawyer, "acting in the regular practice of the lawyer’s professional business on behalf of a client, commences a legal proceeding against the debtor with respect to the debt" [G Reg 18.1(9)].

In the above conditions the following CADSSA provisions apply [G Reg 18.1(7)]:
  • all the provisions listed in (b) above;

  • prohibition on collection of "any money in addition to the amount owing by the debtor" [CADSSA 22(a)] [see Ch.4, s.7(b): "Contractual Collection Charges"];

  • prohibition on communication costs charged to debtor [CADSSA 22(b)] [see Ch.4, s.4(b): "Communication Methods that Result in Charge to Debtor Prohibited"];

  • prohibition on arrangements for extra charges [CADSSA 22(c)] [see Ch.4, s.7(c): "Payments and Agreements to Charge Additional Amounts in Exchange for Favours Prohibited"];

  • prohibited practices and methods [CADSSA 22(e)];

  • identification in correspondence and communication [G Reg 13(14)] [see Ch.4, s.5(d): "Identification of the Creditor and/or Collection Agency: Collection by Collection Agency Under Control of Single Creditor Client"];

  • no money-lending [G Reg 13(15-15.1)] [see Ch.4, s.7(e): "Extra Charges and Dealings Prohibited: Money-Lending Prohibited"];

  • exceptions to prohibition against communication methods that result in charge to debtors [G Reg 19.10] [see Ch.4, s.4(b): "Communication Methods that Result in Charge to Debtor Prohibited"];

  • notice to debtor before collection efforts [G Reg 20,21] [see Ch.4, s.4(d): "Specific Rules Applicable to Collection Communications Made to Debtors: Notice to Precede Collection Communications"];

  • notice to debtor before collection efforts; exception where information lacking [G Reg 21.1] [see Ch.4, s.4(d): "Specific Rules Applicable to Collection Communications Made to Debtors: Where Collection Agency Does Not Have Debtor’s Identity, Address or E-mail"];

  • unsolicited request by debtor [G Reg 21.2] [see Ch.4, s.4(d): "Where Debtor Makes Unsolicited Request"];

  • where prior communication by email [G Reg 21.3] [see Ch.4, s.4(b): "Collection Agency Communication by E-mail"];

  • where communication causes debtor expense [G Reg 21.4] [see Ch.4, s.4(b): "Communication Methods that Result in Charge to Debtor Prohibited"];

  • blocking collection efforts with 'sue me' letter [G Reg 22(1)] [see Ch.4, s.3: "Debtor's Right to Block Collection Efforts"];

  • communications with family, neighbours, friends etc [G Reg 22(3)] [see Ch.4, s.4(e): "Specific Rules Applicable to Collection Communications Made to the Debtor's Family, Neighbours, Friends and Acquaintances"];

  • communication with debtor's employer [G Reg 22(4)] [see Ch.4, s.4(f): "Specific Rules Applicable to Collection Communications Made to the Debtor's Employer"];

  • no collection against person not debtor [G Reg 22(5)] [see Ch.4, s.2: "Collection Only Against Debtor"];

  • communications to people close to debtor [G Reg 22(6-9)] [see Ch.4, s.4(c): "General Rules Applicable to Collection Communications Made to Certain Classes of Persons"];

  • no threatening lawsuit without permission to commence lawsuit [G Reg 23(1)] [see Ch.4, s.8(b): "Threatening and Commencing Legal Proceedings to Recover the Debt: Threatening to Commence Legal Action"];

  • misrepresentation [G Reg 24] [see Ch.4, s.6: "Mispresentation"];

  • extra charges and expenses not collectable as debt [G Reg 25] [see Ch.4, s.7: "Extra Charges and Dealings Prohibited"]; and

  • call recording [G Reg 31].
These provisions cease to apply with respect to a specific debt if the lawyer (or paralegal), "acting in the regular practice of the lawyer’s professional business on behalf of a client, commences a legal proceeding against the debtor with respect to the debt" [G Reg 18.1(9)].

Further, if the above provisions apply to the lawyer or an employee of the lawyer (or paralegal), the person shall comply with the following [G Reg 18.1(8)]:
  • provide the Registrar with a current address for service;

  • file with the Registrar,

    (i) copies of all forms and form letters that the person proposes to use in dealing with debtors, and

    (ii) copies of forms of agreement that the person proposes to use in dealings with others for whom the person acts or proposes to act;

  • produce records and information, to the Registrar upon request within a specified time limit, regarding the person’s activities under the CADSSA and the regulations;

  • at the request of the Registrar, provide verification, by affidavit or otherwise, of any information or material that the person provides to the Registrar;

  • keep on the person’s premises proper records and books of account regarding the person’s activities under the CADSSA and the regulations, showing money received and money paid out; the records and books of account shall include a receipts journal, disbursements journal, general journal, clients’ ledger, general ledger and the additional records that the Registrar considers necessary in accordance with accepted principles of double entry bookkeeping;

  • retain an entry in a record or book of account (as next above) for a period of six years from the date of the entry, and

  • maintain and store the records of the person’s activities under the CADSSA and the regulations separate from the records that the person maintains with respect to any other activities.

CC0

The author has waived all copyright and related or neighboring rights to
Collection Agencies (Ontario) Legal Guide (01 July 2019 edition).