jswizzle3737/ontario_laws_and_regs huggingface dataset:
1. (1) An application for registration as a collection agency or a renewal thereof shall be in a form approved by the Registrar.  R.R.O. 1990, Reg. 74, s. 1 (1); O. Reg. 309/14, s. 1 (1). (2) Revoked: O. Reg. 460/17, s. 1 (1). (3) A notice by a collection agency under clause 20 (1) (a), (b) or (c) of the Act shall be in a form approved by the Registrar.  R.R.O. 1990, Reg. 74, s. 1 (3); O. Reg. 309/14, s. 1 (3); O. Reg. 460/17, s. 1 (2). (4) A request for voluntary cancellation of registration under subsection 8 (7) of the Act shall be in a form approved by the Registrar.  R.R.O. 1990, Reg. 74, s. 1 (4); O. Reg. 309/14, s. 1 (4). (5) When notified by the Registrar, the applicant shall file any fee established by the Minister. O. Reg. 460/17, s. 1 (3).
2.-11. Revoked: O. Reg. 460/17, s. 2. Registration
12. (1) No individual shall be registered as a collection agency unless the individual, (a) has had at least two years of actual experience in each phase of the collection agency business, or has related experience that, in the opinion of the Registrar, is equivalent to that actual experience; and (b) is 18 years of age or over. O. Reg. 460/17, s. 2. (2) No corporation shall be registered as a collection agency unless an individual who satisfies the requirement in subsection (1) is involved in the management of the collection agency. O. Reg. 460/17, s. 2.
14. A financial statement referred to in subsection 13 (6) shall include a statement by the person who prepares the financial statement that the registrant has complied with the provisions of this Regulation respecting trust accounts.  R.R.O. 1990, Reg. 74, s. 14.
15. (1) Every individual applicant and every active officer or director of a corporate applicant or registrant who has not been previously registered shall pass a written examination based on the Act and such further subject matters as the Registrar prescribes.  R.R.O. 1990, Reg. 74, s. 15 (1). (2) Every collection agency that is not a corporation and every officer or director of a corporate collection agency, who has been previously registered but has not been registered under this Act for a period of one year or more preceding an application for registration, shall write and pass the examination referred to in subsection (1).  R.R.O. 1990, Reg. 74, s. 15 (2). (3) No corporation shall be registered or shall maintain its registration as a collection agency unless all of its officers and directors who are actively engaged in the business of the agency have met the examination requirements.  R.R.O. 1990, Reg. 74, s. 15 (3). (4) The examination shall be conducted in the presence of a presiding officer appointed by the Registrar or his or her nominee.  R.R.O. 1990, Reg. 74, s. 15 (4). (5) The examination papers shall be marked by the Registrar or his or her nominee.  R.R.O. 1990, Reg. 74, s. 15 (5). (6) Not less than 75 per cent shall be considered a pass mark for the examination.  R.R.O. 1990, Reg. 74, s. 15 (6). (7) The Registrar or his or her nominee may review, and, where so requested in writing by an applicant who fails to obtain the pass mark prescribed in subsection (6), shall review the examination paper and make such changes in the marks obtained as he or she considers proper.  R.R.O. 1990, Reg. 74, s. 15 (7). (8) Upon written application to the Registrar, an applicant who fails to obtain the pass mark prescribed in subsection (6) may take a further examination at any time, but where he or she fails the second examination, the applicant shall not take any subsequent examination until after the expiration of four months from the date of his or her latest examination.  R.R.O. 1990, Reg. 74, s. 15 (8).
16. Where a collection agency is a corporation it shall, within five days after the event, notify the Registrar in a form approved by the Registrar where there is a change in a director of the corporation or where there is a change in its controlling interest.  R.R.O. 1990, Reg. 74, s. 16; O. Reg. 309/14, s. 5. Trust Funds
18.2 (1) In this section, “paralegal” means a paralegal member as described in clause 2 (2) (d) of the Law Society Act; (“parajuriste”) “professional business” in the case of a paralegal, has the same meaning as in subsection 1 (1) of the Law Society Act. (“activités professionnelles”) O. Reg. 319/18, s. 1. (2) For the purpose of this section, a person is considered to be an employee of a paralegal if the person is employed, appointed or authorized to act by any partnership, corporation or other entity in respect of which the paralegal is employed, appointed or authorized to act and in respect of which the paralegal is a partner or a shareholder or holds a similar position of authority. O. Reg. 319/18, s. 1. (3) Subject to subsection (4), the Act does not apply to a paralegal or an employee of a paralegal if the paralegal or the employee, as the case may be, is acting in the regular practice of the paralegal’s professional business. O. Reg. 319/18, s. 1. (4) Subsections 18.1 (3) to (9) apply to a paralegal or to an employee of a paralegal, reading the references to a lawyer or an employee of a lawyer in those provisions as being references to the paralegal or the employee of the paralegal, as the case may be. O. Reg. 319/18, s. 1.
19. Revoked: O. Reg. 460/17, s. 7.
19.1 (1) Revoked: O. Reg. 460/17, s. 8 (1). (2) Fees established by the Minister do not apply to a not-for-profit corporation that is a registered charity as defined in the Income Tax Act (Canada) and that provides credit counselling services. O. Reg. 309/14, s. 7; O. Reg. 460/17, s. 8 (2). (3) Section 15 does not apply to an officer or director of a not-for-profit corporation that is a registered charity as defined in the Income Tax Act
(Canada) and that provides credit counselling services. O. Reg. 309/14, s. 7.
19.1.1 (1) Subsection 4 (2) and clause 22 (d) of the Act and section 21 of this Regulation do not apply to a collection agency or collector that is contacting a debtor in the name of a creditor pursuant to a written contract between the collection agency and the creditor under which,  (a) the collection agency is authorized to act in the name of the creditor to collect money owed that is no more than 60 days past due; (b) the collection agency or collector is not compensated contingent on or based on the amount, if any, collected from the debtor; (c) the collection agency or collector does not receive payment directly from the debtor and may not request that the debtor make any payment to the collection agency or collector; and (d) the collector is required to give the debtor the name of the creditor and his or her own name in every contact with the debtor.  O. Reg. 466/01, s. 1; O. Reg. 309/14, s. 8. (2) The exemptions in subsection (1) only apply to a registered collection agency while engaged in the collection of money owed as described in that subsection and do not apply to the same collection agency while engaged in any other activity.  O. Reg. 466/01, s. 1; O. Reg. 460/17, s. 9. (3) A collection agency that is exempt under subsection (1) shall, before engaging in the activity described in that subsection, notify the Registrar in writing, (a) that the collection agency has entered into a contract as described in that subsection; and (b) of the name and address of the creditor.  O. Reg. 466/01, s. 1.
19.2 The Act does not apply to an authorized foreign bank within the meaning of section 2 of the Bank Act (Canada).  O. Reg. 24/08, s. 4.
19.3 The Act does not apply to a person with respect to the person’s acceptance of payment of accounts on behalf of a creditor acting in the creditor’s name, provided that the person does not otherwise negotiate with or in any way attempt to obtain payment from debtors in respect of the amount owing other than by presenting bills. O. Reg. 460/17, s. 10 (1).
19.4 The Act 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. O. Reg. 460/17, s. 10 (1).
19.5 (1) The Act 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. O. Reg. 460/17, s. 10 (1). (2) Despite subsection (1), 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. O. Reg. 460/17, s. 10 (1).
19.6 The Act 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. O. Reg. 460/17, s. 10 (1).
19.7 The Act does not apply to a person with respect to the collection of debt from a person other than 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. O. Reg. 460/17, s. 10 (1).
19.8 The Act 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. O. Reg. 460/17, s. 10 (1).
19.9 The Act 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. O. Reg. 460/17, s. 10 (1).
19.10 (1) Clause 22 (b) of the Act does not apply to a collection agency or collector if the charge or cost of communication or attempted communication referred to in that clause is fully reimbursed to the person communicated with or with whom communication was attempted within 15 days of the person presenting evidence of the charge or cost to the collection agency. O. Reg. 460/17, s. 10 (1). (2) In order to receive the reimbursement referred to in subsection (1), the person must present evidence of the charge or cost incurred by that person to the collection agency no later than 60 days after the day the person became aware of the charge or cost. O. Reg. 460/17, s. 10 (1). (3) Evidence of the charge or cost referred to in subsection (1) must be in the form of a copy of a bill or other communication from the person’s telephone or other communications provider showing the cost or charge incurred by that person. O. Reg. 460/17, s. 10 (1).
19.11 The exemption from the Act provided for in clause 2 (1) (l) of the Act 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. O. Reg. 460/17, s. 10 (2). Prohibited Practices and Methods in the Collection of Debts
20. In sections 21 to 25, “contact” includes communication by e-mail or voice mail; “debtor’s employer” includes any and all of the employer’s employees; “spouse” means, (a) a spouse as defined in section 1 of the Family Law Act, or (b) either of two persons who live together in a conjugal relationship outside marriage.  O. Reg. 103/06, s. 2.
21.1 (1) Despite subsection 21 (1), if a collection agency does not have a debtor’s identity, home address or e-mail address, it may initiate verbal or text message communication with a person believed to be the debtor before sending the written notice referred to in that subsection solely for the purpose of confirming such information in order to send the written notice. O. Reg. 460/17, s. 11. (2) If a collection agency initiates verbal or text message communication for the purpose described in subsection (1), it shall, during the communication, (a) provide the person with only as much detail of the debt to which the communication relates as is required to verify that the person is the subject of the debt; (b) explain to the person that the details of the debt will be confirmed in a written notice; (c) explain that the collection agency will contact the person again after the written notice to discuss payment; (d) provide the person with the contact information of the collector and collection agency; and (e) if the communication is via text message, inform the person that if the person notifies the collection agency that text messages cause the person to incur costs, the collection agency is prohibited from thereafter contacting or attempting to contact the person using that method of communication, and will reimburse the person for any costs incurred if the person presents evidence of such costs in accordance with subsections 19.10 (2) and (3). O. Reg. 460/17, s. 11.
21.2 Despite subsection 21 (1), a collection agency may discuss a debt with a debtor if the debtor makes an unsolicited request to do so and, in that case, may discuss the debt in greater detail than described in section 21.1. O. Reg. 460/17, s. 11.
21.3 A collection agency that communicates with a debtor by e-mail shall not subsequently refuse to accept communications from the debtor by e-mail. O. Reg. 460/17, s. 11.
21.4 If a person notifies a collection agency or collector that a particular method of communication causes the person to incur costs, or if the collection agency or collector otherwise becomes aware of that fact, the collection agency or collector shall not subsequently contact or attempt to contact the person using that method of communication. O. Reg. 460/17, s. 11.
23. (1) No collection agency or collector shall directly or indirectly threaten, or state an intention, to commence a legal proceeding for the collection of a debt, unless the collection agency or collector has the written authority of the creditor to commence the proceeding, and the proceeding is not otherwise prohibited by law.  O. Reg. 103/06, s. 2. (2) No collection agency or collector shall recommend to a creditor that a legal proceeding be commenced for collection of a debt, unless the collection agency or collector first gives notice to the debtor of its intention to make the recommendation.  O. Reg. 103/06, s. 2. (3) No collection agency or collector shall commence a legal proceeding for the collection of a debt, (a) in the name of the creditor, unless the collection agency or collector has the written authority of the creditor to do so; or (b) as a plaintiff, unless the following conditions have been satisfied: (i) The creditor has assigned the debt to the collection agency or collector by written instrument
and for valuable consideration, and the creditor has no further interest in the debt. (ii) If a legal proceeding was commenced by the creditor prior to assigning the debt, the collection agency or collector has given written notice to the debtor of the assignment. (iii) If a legal proceeding was not commenced by the creditor prior to assigning the debt, the collection agency or collector has given written notice to the debtor of the assignment and, either separately or together with the written notice of assignment, has given notice to the debtor of its intention to commence a legal proceeding.  O. Reg. 103/06, s. 2. (4) Subsections (1) to (3) do not apply to a collection agency with respect to the collection of a debt owed to itself as a creditor. O. Reg. 460/17, s. 14.
24. No collection agency or collector shall, (a) give any person, directly or indirectly, by implication or otherwise, any false or misleading information; (b) misrepresent to any person contacted in respect of the debt the purpose of the contact or the identity of the creditor or of the collection agency or collector; or (c) use, without lawful authority, any summons, notice, demand or other document that states, suggests or implies that it is authorized or approved by a court in Canada or another jurisdiction.  O. Reg. 103/06, s. 2.
25. (1) Charges incurred by a collection agency or collector in collecting a debt and charges incurred by a creditor to retain a collection agency or collector do not form part of the debt owed by the debtor, and no collection agency or collector shall collect or attempt to collect any such charges, subject to subsection (2).  O. Reg. 103/06, s. 2. (2) A collection agency or collector may collect, as part of the debt owed by a debtor, all reasonable charges incurred by the collection agency or collector in respect of the debtor’s dishonoured cheques if, (a) the agreement between the creditor and the debtor provides that the debtor is liable for such charges if incurred by the creditor and sets out the amount of the charge; (b) the creditor has provided information to the debtor, by any method, that the debtor is liable for such charges if incurred by the creditor and the debtor knows or reasonably ought to know of his or her liability for such charges and the amount of the charge; or (c) the collection of such charges is expressly permitted by law.  O. Reg. 103/06, s. 2. Debt Settlement Services Agreements
26. (1) For the purposes of subsection 16.3 (1) of the Act, a collection agency or collector shall not communicate or cause to be communicated the following representations relating to a debt settlement services agreement: 1. A claim that the services are provided on a non-profit or charitable basis, if they are not. 2. A claim that the collection agency’s operations or programs are approved by, or a part of, a program run by the government of Ontario, the government of Canada, or the government of any other jurisdiction outside Ontario, if they are not. 3. Any reference to registration under the Act, other than the collection agency’s registration number under the Act. 4. Any claim of savings or other results for debtors that is not based on typical results. 5. Any claim that misrepresents or exaggerates the services provided under the agreement or the effects or benefits of those services, including but not limited to, i. a claim that using the services will or may deter the efforts of a creditor or agent of a creditor to collect a debt, and ii. a claim that using the services will or may prevent legal action or garnishment of the debtor’s wages. O. Reg. 309/14, s. 10; O. Reg. 460/17, s. 15. (2) For the purposes of paragraph 4 of subsection (1), typical results means the average results obtained by the collection agency, over a period of at least six months and no longer than 12 months in the preceding calendar year, in respect of all debts that were the subject of a debt settlement services agreement during that period. O. Reg. 309/14, s. 10. (3) A collection agency shall communicate or cause to be communicated the following representations in the circumstances described: 1. If the collection agency has a website, any place on the website that requests a debtor’s personal information shall clearly and prominently display the collection agency’s registered name, principal business address in Ontario, telephone number, fax number, e-mail address and registration number under the Act, set out as “Ontario Registration # [insert registration number]” in English or “No d’inscription en Ontario : [insert registration number]” in French. 2. If an advertisement is made by or on behalf of a collection agency, the advertisement shall clearly and prominently state the collection agency’s registered name and registration number under the Act set out as “Ontario Registration # [insert registration number]” in English or “No d’inscription en Ontario :
[insert registration number]” in French. O. Reg. 309/14, s. 10.
28. (1) A collection agency shall not require or accept any payment or security for payment for its services in respect of a debt owed by a debtor to a creditor until, (a) the debtor has entered into an agreement with the creditor regarding the amount to be paid by the debtor to the creditor to settle the debt; (b) the debtor has made at least one payment under an agreement mentioned in clause (a); and (c) the collection agency has written evidence of the debtor’s payment mentioned in clause (b). O. Reg. 309/14, s. 10. (2) If a collection agency provides debt settlement services to a debtor in respect of more than one creditor, the collection agency shall not require or accept payment or security for payment for its services in respect of any given creditor until the conditions mentioned in subsection (1) have been met in respect of the creditor. O. Reg. 309/14, s. 10. (3) The amount that a collection agency may require or accept from a debtor as payment or security for payment for its services in respect of the debt owed to a creditor shall not exceed, A × B/C where, A is the total amount that the collection agency may require or accept for its services in respect of all debts owed to all creditors, as set out in the debt settlement services agreement, B is the amount of debt owed to the creditor, C is the total amount of debt owed to all of the debtor’s creditors. O. Reg. 309/14, s. 10. (4) A collection agency that proposes to negotiate settlement of a debtor’s debts using the method described in subparagraph 1 i of subsection 27 (1) may also charge a one-time fee of no more than $50, which may be charged before the conditions mentioned in subsection (1) have been met in respect of a creditor. O. Reg. 309/14, s. 10. (5) A collection agency may charge a debtor a fee for a dishonoured cheque, but the fee shall not be greater than the actual amount charged to the collection agency in respect of the cheque by the financial institution that dishonoured the cheque. O. Reg. 309/14, s. 10. (6) A collection agency that receives a notice demanding a refund under subsection 16.6 (5) or 16.8 (1) of the Act shall provide the refund within 15 days after receiving the notice. O. Reg. 309/14, s. 10; O. Reg. 460/17, s. 17.
29. No collection agency or collector shall engage in any of the following practices or employ any of the following methods in providing debt settlement services to a debtor or in respect of a debt settlement services agreement with a debtor: 1. Restrict the debtor from having access to his or her consumer report, or make any oral or written representation suggesting that the debtor is restricted from having such access. 2. Restrict the debtor from communicating with his or her creditors. 3.  Revoked: O. Reg. 460/17, s. 18. 4. Fail to give a written report to the debtor on the performance of the agreement within 15 days after requesting it. 5. Offer or pay any compensation to a debtor in exchange for the debtor entering into a debt settlement services agreement. 6. Directly or indirectly require or accept any money for assisting a debtor to obtain an extension of credit other than an extension of time for the debtor to repay a debt. 7. Fail to inform a debtor’s creditors that the collection agency or collector is authorized to arrange or negotiate a schedule of payments or a one-time payment on the debtor’s behalf, within 15 days of becoming authorized. 8. Fail to inform a debtor of a refusal by a creditor to negotiate a schedule of payments or a one-time payment, within 15 days of the refusal. 9. Communicate information about a debtor’s debts to any person except the debtor, a guarantor of the debt, the debtor’s representative or a creditor of the debtor without the debtor’s written consent. 10. Fail to provide information as to how to contact the collection agency or collector during normal business hours. 11. Fail to respond to a debtor’s communications within a reasonable time. 12. Obtain a debtor’s contact information from a third party unless the third party named the collection agency or collector that would receive the information and the debtor explicitly consented to the contact information being shared with the collection agency or collector. 13. Misrepresent the time needed to achieve the results promised by the collection agency or collector. 14. Enter into a debt settlement services agreement with a debtor if it is apparent that the debtor’s creditors would not enter into an agreement to settle the debt. 15. Enter into a debt settlement services agreement with a debtor if it is apparent that the debtor is not able to protect his or her interests because of disability, illiteracy or inability to understand the agreement or similar factors. 16. Give any person false or misleading information. O. Reg. 309/14, s. 10; O. Reg. 460/17, s. 18.
30. (1) A collection agency that provides debt settlement services shall keep on its premises the following records for every debt settlement services agreement with a debtor, whether the record was created by the collection agency or created by a third party and used by the collection agency: 1. A copy of the agreement. 2. Any receipts issued and disbursements made by the collection agency or collector on behalf of the debtor. 3. Copies of all correspondence relating to the debt settlement services provided by the collection agency or collector, including letters, e-mails and faxes to or from the debtor, any guarantor of the debtor’s debt, the debtor’s representative or the debtor’s creditors. 4. Records relating to any negotiation of debt repayments to creditors by the collection agency or collector. 5. Any other records created or used while dealing with the debtor, the debtor’s representative or the debtor’s creditors. O. Reg. 309/14, s. 10; O. Reg. 460/17, s. 19 (1). (2) A collection agency that provides debt settlement services shall keep on its premises copies of all published advertisements and the records needed to support claims or statements made in the advertisements. O. Reg. 309/14, s. 10; O. Reg. 460/17, s. 19 (2). (3) Records required under subsection (1) or (2) shall be kept for six years after the last payment made in connection with the debt settlement services agreement, or the date of the last advertisement, as the case may be. O. Reg. 309/14, s. 10. (4) A collection agency shall provide to the Registrar a copy of any record mentioned in subsection (1) or (2) upon the Registrar’s request, within the time specified by the Registrar. O. Reg. 309/14, s. 10; O. Reg. 460/17, s. 19 (3). Call Recording
31. (1) A collection agency that employs or appoints 10 or more collectors or authorizes 10 or more collectors to act shall record all phone calls that are made or received by the agency or by such a collector if the calls relate to the collection of a debt of a debtor but are not with a creditor of the debt, including such phone calls if they are, (a) made or received by any means, including over regular phone lines, over cell phone lines or through the internet; (b) made for the purpose described in subsection 21.1 (1); or (c) made to or received from, (i) the debtor or a person who the caller believes is the debtor, (ii) the spouse or common law partner of the debtor or a person who the caller believes is the debtor, (iii) a member of the family or household of the debtor or a person who the caller believes is the debtor, (iv) a relative, neighbour, friend or acquaintance of the debtor or a person who the caller believes is the debtor, (v) the employer of the debtor or a person who the caller believes is the debtor, and (vi) a person who guaranteed the debt. O. Reg. 319/18, s. 2. (2) The recording required by subsection (1) shall be made in a format that is readily accessible. O. Reg. 319/18, s. 2. (3) A collection agency that records a phone call as required by subsection (1) may block, remove, redact or otherwise anonymize the number that identifies a credit card, a bank account or any other financial account of an individual and that is conveyed on the recording. O. Reg. 319/18, s. 2. (4) The collection agency or collector that makes or receives a phone call described in subsection (1) shall advise the person to whom the call is made or from whom a phone call is received that the call is being recorded to comply with this Act. O. Reg. 319/18, s. 2. (5) The collection agency shall retain the recording that it makes of a phone call as required by subsection (1) for one year after the day the call is made or received. O. Reg. 319/18, s. 2. (6) A person who makes or receives a phone call that a collection agency records as required by subsection (1) may request a copy of the recording by making a written request for it to the agency. O. Reg. 319/18, s. 2. (7) Within 10 days of receiving a request made under subsection (6), the collection agency shall, at no charge, send a copy of the recording to the person at the address that the person gives to the agency, or to the person by electronic means if the person so requests. O. Reg. 319/18, s. 2. (8) The Registrar may request a copy or copies of a recording of a phone call that a collection agency is required to make under subsection (1). O. Reg. 319/18, s. 2. (9) The collection agency shall provide the copy or copies to the Registrar within 10 days of the date on which the Registrar requests them and in the manner that that the Registrar specifies. O. Reg. 319/18, s. 2.
32. Section 31 does not apply to phone calls made or received by a person or entity that is a credit counselling agency or consumer counselling agency in its provision of debt settlement services. O. Reg. 319/18, s. 2. Administrative Penalties