2 (0.1) This Act applies to a collection agency or collector that deals with a debtor if either the debtor or the applicable one of the collection agency or the collector is located in Ontario when the dealing takes place. 2013, c. 13, Sched. 1, s. 3. Exceptions (1) This Act does not apply, (a) subject to the regulations, to a barrister or solicitor in the regular practice of his or her profession or to his or her employees; (b) to an insurer or agent licensed under the Insurance Act or broker registered under the Registered Insurance Brokers Act, to the extent of the business authorized by such licence or registration, or to the employees of the insurer, agent or broker; (c) to an 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, the Not-for-Profit Corporations Act, 2010 or the Winding-up and Restructuring Act (Canada) or a person acting under the order of any court; (d) to a broker or salesperson registered under the Trust in Real Estate Services Act, 2002, or an official or other employee of such a broker to the extent of the business authorized by the registration; (e) to a bank or authorized foreign bank as defined in section 2 of the Bank Act (Canada), a loan corporation or trust corporation registered under the Loan and Trust Corporations Act, or an employee thereof in the regular course of his or her employment; (f) to an isolated collection made by a person whose usual business is not collecting debts for other persons; or (g) to a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020 or any employee thereof acting in the regular course of his or her employment. (h) subject to the regulations, to a person who purchases debts through acquiring or merging with a business in a transaction that includes the transfer of accounts receivable; (i) subject to the regulations, to a person who acquires debts through the seizure of accounts receivable under a security agreement; (j) subject to the regulations, to a person who acquires a debt by taking an assignment of the contract that gave rise to the debt for the purposes of financing a transaction; (k) subject to the regulations, to 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; (l) subject to the regulations, to a person who purchases a debt that permits the person to collect the debt under the name of the original creditor; or (m) subject to the regulations, to 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. R.S.O. 1990, c. C.14, s. 2; 1999, c. 12, Sched. F, s. 10; 2002, c. 8, Sched. I, s. 5; 2002, c. 30, Sched. E, s. 2 (1); 2017, c. 5, Sched. 2, s. 2; 2020, c. 1, s. 33; 2020, c. 36, Sched. 7, s. 299; 2021, c. 34, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. F, s. 10 - 22/12/1999 2002, c. 8, Sched. I, s. 5 - 5/01/2005; 2002, c. 30, Sched. E, s. 2 (1) - 31/03/2006 2010, c. 15, s. 218 (1) - no effect - see 2021, c. 34, Sched. 3, s. 3 - 02/12/2021 2013, c. 13, Sched. 1, s. 3 - 1/01/2015 CTS 14 JL 16 - 1 2017, c. 5, Sched. 2, s. 2 (1-3) - 01/01/2018 2020, c. 1, s. 33
- 01/12/2023; 2020, c. 36, Sched. 7, s. 299 - 01/03/2022 2021, c. 34, Sched. 3, s. 1 - 02/12/2021