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CHAPTER 73
Before you start complaining, it would be smart to review the law so you do not make a complete fool of yourself The Collection Agencies Act, OntarioSimilar Acts Apply in the Other Provinces
1.--(1) In this Act,
a) "business premises" does not include a dwelling; (2) For the purposes of subclause (1) (n) (ii), a corporation shall be deemed to be controlled by another person or corporation or by two or more corporations if,
2. This Act does not apply,
(a) to a barrister or solicitor in the regular practice of his profession or to his employees; 3. (1) There shall be a Registrar of Collection Agencies who shall be appointed by the Lieutenant Governar in Council.
(2) The Registrar may exercise the powers and shall perform the duties conferred or imposed upon him by or under this Act under the supervision of the Director. R.S.O. 1987 73,s.3.
4. (1) No person shall carry on the business of a collection agency or act as a collector unless he is registered by the Registrar under this Act.
(2) A registered collection agency shall not carry on busi ness in a name other than the name in which it is registered o invite the public to deal at a place other than that authorized by the registration. R.S.O. 1980, c. 73, s.
5. No creditor shall deal with his debtor for payment the debt except under the name in which the debt is lawfull owing or through a registered collection agency. R.S.O 1980, c. 73, s. 5.
6. (1) An applicant is entitled to registration or renewal of registration by the Registrar except where,
(2) A registration is subject to such terms and conditions to give effect to the purposes of this Act as are consented to b the applicant, imposed by the Tribunal or prescribed by th regulations. R.S.O. 1980, c. 73, s. 6.
7.(1) Subject to section 8, the Registrar may refuse register an applicant where in the Registrar's opinion the applicant is disentitled to registration under section 6.
(2) Subject to section 8, the Registrar may refuse to renew or may suspend or revoke a registration for any reason that would disentitle the registrant to registration under section 6 if he were an applicant, or where the registrant is in breach of a term or Condition of the registration. R.S.O. 1980, c. 73,
8.(1) Where the Registrar proposes to refuse to grant or renew a registration or proposes to Suspend or revoke a registration, he shall serve notice of his proposal, together with written reasons therefor, on the applicant or registrant.
(2) A notice under subsection (1) shall inform the applicant or registrant that he is entitled to a hearing by the Tribunal if he mails or delivers, within fifteen days after the notice under subsection (1) is served on him, notice in writing requiring a hearing to the Registrar and the Tribunal, and he may so require such a hearing.
(3) Where an applicant or registrant does not require a hearing by the tribunal in accordance with subsection (2), the Registrar may carry out the proposal stated in his notice under subsection (1).
(4) Where an applicant or registrant requires a hearing by the Tribunal in accordance with subsection (2), the Tribunal shall appoint a time for and hold the hearing and, on the application of the Registrar at the hearing, may by order direct the Registrar to carry out his proposal or refrain from carrying out his proposal and to take such action as the Tribunal considers the Registrar ought to take in accordance with this Act and the regulations, and for such purposes the Tribunal may substitute its Opinion for that of the Registrar.
(5) The Tribunal may attach such terms and conditions to its order or to the registration as it Considers proper to give effect to the purposes of this Act.
(6) The Registrar, the applicant or registrant who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section.
(7) Notwithstanding subsection (1), the Registrar may cancel a registration upon the request in writing of the registrant in the prescribed form surrendering his registration.
(8) Where, within the time prescribed therefor or, if no time is prescribed, before expiry of his registration, a registrant has applied for renewal of his registration and paid the prescribed fee, his registration shall be deemed to continue,
(a) until the renewal is granted; or (9) Notwithstanding that a registrant appeals from an order of the Tribunal under section 11 of the Ministry of Consumer and Commercial Relations Act, the order takes effect immediately but the Tribunal may grant a stay until disposition of the appeal. R.S. O. 1980, c. 73, s. 8.
9. A further application for registration may be made upon new or other evidence or where it is clear that material circumstances have changed. R.S.O. 1980, c. 73, s. 9.
10.(1) Subject to subsection (2), no individual shall carry on business in Ontario as a collection agency unless,
(a) he is a resident; or
(2) An individual who is carrying on business as a registered collection agency immediately before the 9th day of May, 1974, and who on that day is in contravention of subsection (1), may continue to carry on business, subject to the provisions of this Act if,
(a) his interest or any part thereof is not transferred to or for the benefit of a non-resident, or
11. (1) No corporation shall carry on business in Ontario as a collection agency if,
(a) the total number of equity shares of the corporation beneficially owned, directly or indirectly, by non-residents or over which non- residents exercise control or direction exceeds 25 per cent of the total number of issued and outstanding equity shares of the corporation;
(2) In calculating the total number of equity shares of the corporation beneficially owned or controlled for the purpose of this section, the total number shall be calculated as the total of all the shares actually owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equalling the total number votes it carries.
(3) A corporation that was carrying on business as a registered collection agency immediately before the 9th day c May, 1974, and which on that day is in contravention of sub section (1), may continue to carry on business, subject to the provisions of this Act,
(a) in the case of a contravention of clause (1) (a) c (b), if no transfer or equity shares or beneficial interest therein including their control or direction is made to a non-resident or person associated wit him excepting when the result would be in compliance with clause (1) (a) or (b); or
(4) For the purpose of this section, a shareholder shall be deemed to be associated with another shareholder if,
(a) one shareholder is a corporation of which the other shareholder is an officer or director;
(5) For the purposes of this section, where an equity share of the corporation is held jointly and one or more of the joint holders thereof is a non-resident, the share shall be deemed to be held by a non-resident. R.S.O. 1980, c. 73, s. 11.
12. (1) Where the Registrar receives a complaint in respect of a collection agency and so requests in writing, the collection agency shall furnish the Registrar with such information respecting the matter complained of as the Registrar requires.
(2) The request under subsection (1) shall indicate the nature of the inquiry involved.
(3) For the purposes of subsection (1), the Registrar or any person designated in writing by him may at any reasonable time enter upon the business premises of the collection agency to make an inspection in relation to the complaint. R.S.O. 1980,c.73,s. 12.
13. (1) The Registrar or any person designated by him in writing may at any reasonable time enter upon the business premises of the registrant to make an inspection to ensure that the provisions of this Act and the regulations relating to registration and the maintenance of trust accounts are being complied with.
(2) Where the Registrar has reasonable and probable grounds to believe that any person is acting as a collection agency while unregistered, the Registrar or any person designated by him in writing may at any reasonable time enter upon such person's business premises to make an inspection for the purpose of determining whether or not the person is in contravention of section 4. R.S.O. 1980, c. 73, s. 13.
14. (1) Upon an inspection under section 12 or 13, the person inspecting,
(a) is entitled to free access to all books of account, cash, documents, bank accounts, vouchers, correspondence and records of the person being inspected that are relevant for the purposes of the inspection; and
and no person shall obstruct the person inspecting or withhold or destroy, conceal or refuse to furnish any information or thing required by the person inspecting for the purposes of the inspection.
(2) Any copy made as provided in subsection (1) and purporting to be certified by an inspector is admissible in evidence in any action, proceeding or prosecution as prima facie proof of the original. R.S.O. 1980, c. 73, s. 14.
15. The Minister may by order appoint a person to make an investigation into any matter to which this Act applies as may be specified in the Minister's order and the person appointed shall report the result of his investigation to the Minister, and for the purposes of the investigation the person making it has the powers of a commission under Part II of the Public inquiries Act, which Part applies to such investigation as if it were an inquiry under that Act. R.S.O. 1980, c. 73, s. 15.
16. (1) Where, upon a statement made under oath, the Director believes on reasonable and probable grounds that any person has,
(a) contravened any of the provisions of this Act or the regulations; or
the Director may by order appoint one or more persons to make an investigation to ascertain whether such a contravention of the Act or regulation or the commission of such an offence has occurred and the person appointed shall report the result of his investigation to the Director.
(2) For purposes relevant to the subject matter of an investigation under this section, the person appointed to make the investigation may inquire into and examine the affairs of the person in respect of whom the investigation is being made and may,
(a) upon production of his appointment, enter at any reasonable time the business premises of such person and examine books, papers, documents and things relevant to the subject-matter of the investigation; and
and for the purposes of the inquiry, the person making the investigation has the powers conferred upon a commission under Part II of the Public Inquiries Act, which Part applies to such inquiry as if it were an inquiry under that Act.
(3) No person shall obstruct a person appointed to make an investigation under this section or withhold from him or conceal or destroy any books, papers, documents or things relevant to the subject-matter of the investigation.
(4) Where a justice of the peace is satisfied, upon an ex parte application by the person making an investigation undel this section, that the investigation has been ordered and that such person has been appointed to make it and that there is reasonable ground for believing there are, in any building, dwelling, receptacle or place any books, papers, documents or things relating to the person whose affairs are being investigated and to the subject-matter of the investigation, the justice of the peace may, whether or not an inspection has beel made or attempted under clause (2) (a), issue an order authorizing the person making the investigation, together with such police Officer or officers as he calls upon to assist him, to enter and search, if necessary by force, such building, dwelling, receptacIe or place for such books, papers, documents or things and to examine them, but every such entry and search shall be made between sunrise and sunset unless the justice a the peace, by the order, authorizes the person making the investigation to make the search at night.
(5) Any person making an investigation under this section may, upon giving a receipt therefor, remove any books papers, documents or things examined under clause (2)(a) or subsection (4) relating to the person whose affairs are being investigated and to the subiect-matter of the investigation for the purpose of making copies of such books, papers or documents, but such copying shall be carried out with reasonable dispatch and the books, papers or documents in question shall be promptly thereafter returned to the person whose affairs are being investigated.
(6) Any copy made as provided in subsection (5) and certified to be a true copy by the person making the investigation is admissible in evidence in any action, proceeding or prosecution as prima facie proof of the original book, paper or document and its contents.
(7) The Minister or the Director may appoint any expert to examine books, papers, documents or things examined under clause (2) (a) or under subsection (4). R.S.O. 1980, c. 73 s. 16.
17. (1) Every person employed in the administration of this Act, including any person making an inquiry, inspection or an investigation under section 12, 13, 14, 15 or 16 shall preserve secrecy in respect of all matters that come to his knowledge in the course of his duties, employment, inquiry, inspection or investigation and shall not communicate any such matters to any other person except,
(a) as may be required in connection with the administration of this Act and the regulations or any proceedings under this Act or the regulations; or
(2) No person to whom subsection (1) applies shall be required to give testimony in any civil suit or proceeding with regard to information obtained by him in the course of his duties, employment, inquiry, inspection or investigation except in a proceeding under this Act or the regulations. R.S.O. 1980, c.73, s.17.
18. Where, upon the report of an investigation made under subsection 16 (1), it appears that a person may have,
(a) contravened any of the provisions of this Act or the regulations; or
the Director shall send a full and complete report of the investigation, including the report made to him, any transcript of evidence and any material in the possession of the Director relating thereto, to the Minister. R.S.O. 1980, c. 73, s. 18.
19. Where,
(a) an investigation of any person has been ordered under section 16; or
the Director, if he believes it advisable for the protection of clients or customers of the person referred to in clause (a) or (b), may in writing or by telegram direct any person having on deposit or under control or for safekeeping any assets or trust funds of the person referred to in clause (a) or (b) to hold such assets or trust funds or direct the person referred to in clause (a) or (b) to refrain from withdrawing any such assets or trust funds from any person having any of them on deposit or under control or for safekeeping or to hold such assets or any trust funds of clients, customers or others in his possession or control in trust for any interim receiver, custodian,trustee, receiver or liquidator appointed under the Bankruptcy Act (Canada), the Judicature Act, the Corporations Act, the Business Corporations Act or the Winding-up Act (Canada), or until the Director revokes or the Tribunal cancels such direction or consents to the release of any particular assets or trust funds from the direction but, in the case of a bank, loan or trust company, the direction only applies to the office, branches or agencies thereof named in the direction.
(2) Subsection (1) does not apply where the person referred to in clause (1) (a) or (b) files with the Director,
(a) a personal bond accompanied by collateral security;
in such form, terms and amount as the Director determines.
(3) Any person in receipt of a direction given under subsection (1), if in doubt as to the application of the direction to any assets or trust funds, or in case of a claim being made thereto by a person not named in the direction, may apply to a judge or local judge of the Supreme Court who may direct the disposition of such assets or trust funds and may make such order as to costs as seems just.
(4) In any of the circumstances mentioned in clause (1) (a) or (b), the Director may in writing or by telegram notify any land registrar that proceedings are being or are about to be taken that may affect land belonging to the person referred to in the notice, and the notice shall be registered against the lands mentioned therein and has the same effect as the registration of a certificate of lis pendens except that the Director may in writing revoke or modify the notice
(5) Any person referred to in clause (1) (a) or (b) in respect of whom a direction has been given by the Director under subsection (1) or any person having an interest in land in respect of which a notice has been registered under subsection (4), may at any time apply to the Tribunal for cancellation in whole or in part of the direction or registration, and the Tribunal shall dispose of the application after a hearing and may, if it finds that such a direction or registration is not required in whole or in part for the protection of clients or customers of the applicant or of other persons interested in the land or that the interests of other persons are unduly prejudiced thereby, cancel the direction or registration in whole in part, and the applicant, the Director and such other persons as the Tribunal may specify are parties to the proceedings before the Tribunal. R.S.O. 1980, c. 73, s. 19.
20. (1) Every collection agency shall, within five days after the event, notify the Registrar in writing of,
(a) any change in its address for service;
(2) Every collector shall, within five days after the event, notify the Registrar in writing of,
(a) any change in his address for service; and (3) The Registrar shall be deemed to be notified under subsections (1) and (2) on the date on which he is actually notified or, where the notification is by mail, on the date o mailing. R.S.0. 1980, c. 73, s. 20.
21. (1) The Registrar may at any time require a collection agency to provide him with copies of any letters, forms, form letters, notices, pamphlets, brochures, advertisements contracts, agreements or other similar materials used or proposed to be used by the collection agency in the course of conducting its business.
(2) Where the Registrar believes on reasonable and probable grounds that any of the material referred to in subsection (1) is harsh, false, misleading or deceptive, the Registrar may alter, amend, restrict or prohibit the use of such material, and section 8 applies with necessary modifications to the order in the same manner as to a proposal by the Registrar to refuse registration and the order of the Registrar shall take effect immediately, but the Tribunal may grant a stay until the Reg-istrar's order becomes final.
(3) Every collection agency shall, when required by the Registrar with the approval of the Director, file a financial statement showing the matters specified by the Registrar and signed by the proprietor or officer of the collection agencyand certified by a person licensed under the Public Accountancy Act.
(4) The information contained in a financial statement filed under subsection (3) is confidential and no person shall otherwise than in the ordinary course of his duties communicate any such information or allow access to or inspection of the financial statement.
22. No collection agency or collector shall,
(a) collect or attempt to collect for a person for whom it acts any moneys in addition to the amount owing by the debtor;
23. Every collector shall immediately notify his employer when any moneys are collected by him in the course of his employment. R.S.O. 1980, c. 73, s. 23.
24.(1) No person shall knowingly engage or use the services of a collection agency that is not registered under this Act.
(2) No collection agency shall employ a collector or appoint or authorize a collector to act on its behalf unless the collector is registered under this Act. R.S.O. 1980, c. 73, s. 24.
25. Where the Registrar believes on reasonable and probable grounds that a collection agency is making false, misleading or deceptive statements in any advertisement, circular, pamphlet or similar material, the Registrar may order the immedlate cessation of the use of such material, and section 8 applies with necessary modifications to the order in the same manner as to a proposal by the Registrar to refuse registration and the order of the Registrar shall take effect immediately but the Tribunal may grant a stay until the Registrar's order becomes final. R.S.O. 1980, c. 73, s. 2s.
26. (1) Any notice or order required to be given or served under this Act or the regulations is sufficiently given or served if delivered personally or sent by registered mail addressed to the person to whom delivery or service is required to be made at the latest address for service appearing on the records of the Ministry.
(2) Where service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that he did not, acting in good faith, through absence, accident, illness or other cause beyond his control receive the notice or order until a later date.
(3) Notwithstanding subsections (1) and (2), the Tribunal may order any other method of service in respect of any matter before the Tribunal. R.S.O. 1980, c. 73, s. 26.
27. (1) Where it appears to the Director that any person does not comply with any provision of this Act, the regulations or an order made under this Act, notwithstanding the imposition of any penalty in respect of such non-compliance and in addition to any other rights he may have, the Director may apply to a judge of the High Court for an order directing such person to comply with such provision, and upon the application the judge may make such order or such other order as the judge thinks fit.
(2) An appeal lies to the Divisional Court from an order made under subsection (1). R.S.O. 1980, c. 73, s. 27.
28. (1) Every person who, knowingly,
(a) furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act or the regulations;and every director or officer of a corporation who knowingly concurs in such furnishing, failure or contravention is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both.
(2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed upon the corporation is $85,000 and not as provided therein.
(3) No proceeding under this section shall be instituted except with the consent of the Minister.
(4) No proceeding under clause (1) (a) shall be commenced more than one year after the facts upon which the proceeding is based first came to the knowledge of the Director.
(5) No proceeding under clause (1) (b) or (c) shall be commenced more than two years after the time when the subject- matter of the proceeding arose- R.S.O. 1980, c. 73, s. 28.
29. A statement as to,
(a) the registration or non-registration of any person;purporting to be certified by the Director is, without proof of the office or signature of the Director, receivable in evidence as prima facie proof of the facts stated therein for all purposes in any action, proceeding or prosecution. R.S.O. 1980, c. 73, s. 29.
30. The Lieutenant Governor in Council may make regulations,
(a) governing applications for registration or renewal of registration and prescribing terms and conditions of registration;
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